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THE 
 
 REVISED STATUTES 
 
 ov 
 
 NOVA-SCOTIA. 
 
THK 
 
 REVISED STATUTES 
 
 OF 
 
 NOVA -SCOTIA. 
 
 PREPAEED BT 
 
 WILLIAM YOUNG, 
 JOHN W. RITCHIE, 
 
 JONATHAN McCULLY, 
 JOSEPH WHIDDEN, 
 
 COMMISSIONERS FOR REVISING AND CONSOLIDATING THE LAWS OP THE PROVINCE, 
 
 AND PUBLISHED UNDER THEIR SUPEEINTENDANCE, PURSUANT TO AN 
 
 ACT OF THE LEGISLATURE. 
 
 HALIFAX, N. S. : 
 
 KICHARD NUGENT, PUBLISHER; 
 
 1851. 
 
0^0^^ 
 
 HALlPiS, NOVA SCOTIA: 
 
 PRINTED BY RICHAED NOGENT, PKINTEE TO THE HOUSE OF ASSEMBLY. 
 
 BOLUS STBEET. 
 
PROVINCE OF NOVA-SCOTIA. 
 
 AN ACT TO REGULATE THE PUBLICATION OP THE REVISED STATUTES 
 AND OP THE PRIVATE AND LOCAL ACTS. 
 
 Passed 7th April, 1861. 
 
 Be it enacted, Sfc. — 1. The four commissioners who have revised and consolidated the pro- 
 vincial laws, shall superintend the printing and publication of the revised statutes, and ■ the 
 re-publication of the private and local acts. 
 
 2. The commissioners shall prepare a certificate, that such statutes and acts have been 
 so printed and published under their superintendance, and a copy shall be printed with such 
 statutes and acts respectively, which shall thereupon be received as authentic in all courts. 
 
 3. The commissioners are authorised to\c)mit in the re-publication of the private and local 
 acts, all formal enacting words not in anywise affecting the meaning thereof, such as, " Be it 
 enacted" and words of a similar import ; and all sections, or parts of sections, which have been 
 repealed by subsequent enactment, and the acts or sections of acts so repealing the same, 
 noting the date of such repeal. 
 
 We certify that this volume, containing the revised statutes of Nova-Scotia, has been 
 printed and published under our superintendance. 
 
 W. YOUNG, 
 
 J. McCULLY, 
 
 J. W. RITCHIE, 
 
 JOS. WHIDDEN. 
 Halifax, N. S. 1st September, 1851. 
 
PREFACE 
 
 The public acts of the province having been revised, consolidated, and re- 
 duced into system upon the principles set forth in the subjoined reports, are now 
 published under the authority of the legislature. 
 
 It will be observed that some extensive changes have been introduced in the 
 course of this revision. 
 
 The new chapters prepared by the commissioners entrusted with the under- 
 taking, and indicated in their final report, materially alter the law affecting cor- 
 porations, officers and others in possession of personal property the title to 
 which is in dispute between third parties, and the partition of lands held jointly 
 or in common. 
 
 The abolition of estates tail, of joint tenancy, and of the principle of tacking 
 mortgages, — the necessity for recording leases of land in certain cases, — the 
 more extensive operation of the statute of limitation, — the amendment and sim- 
 plification of the law for recovering amounts due by absconding debtors, — the 
 further protection to pubhc officers in the discharge of their duties, and the faci- 
 lities afforded to magistrates in the exercise of their criminal jurisdiction, are 
 among the important changes introduced. 
 
 In a supplement will be found certain public acts which passed subsequently to 
 the revised statutes, but during the same session. 
 
 A second volume in course of publication contains all the local and private 
 acts in force. 
 
 Halifax, Nova Scotia, 1st Sqitemher, 1851. 
 
Lieutenant-governor of the province of Nova-Scotia, &c. &c. &c. 
 
 The report of the undersigned commissioners appointed by your excellency 
 to consolidate aud simplify the laws of the province : 
 
 May it please your excellency : 
 
 The following preamble and resolutions having been passed by the house of 
 assembly and concurred in by the legislative council at the last session, to Avit : 
 
 " Whereas it has become indispensable in order to avoid litigation and simplify 
 the administration of the law, that the statutes of this province should be amended 
 and improved so as to render the same more intelligible : 
 
 " 1st. Resolved unanimously, That the said statutes be consolidated, sim- 
 plified in their language, and republished in one uniform code. 
 
 "2nd. Resolved unanimously, That his excellency the lieutenant governor 
 be respectfully requested forthwith to employ a sufficient number of competent 
 persons, not to exceed five, for the purpose of carrying into efiect the foregoing 
 resolution without delay, so as to have the said code prepared and submitted to 
 the executive government at least one month before the next session of the legis- 
 lature, in order that the same may be submitted at the opening thereof, this 
 house undertaking to provide for the necessary expense ; such expense, however, 
 before payment, to be previously subrnitted to the house. 
 
 " 3rd. Resolved unanuiiously. That his excellency the lieutenant governor 
 be also respectfully requested to convene the next session of the legiskture not 
 less than fourteen days earlier than the accustomed time, in order that such pe- 
 riod should be exclusively devoted to the consideration and passage of such re- 
 vised code" : 
 
 And your excellency having done us the honor of entrusting to our care this 
 responsible and important duty, we held several meetings shortly after receiving 
 the commission in order to consider and settle the general principles on which it 
 was most advisable to proceed. 
 
 The statutes of the province having undergone no systematic revision since the 
 origin of the legislature nearly a century ago ; having been published successively 
 in four volumes reaching to the year 1834-5, and the subsequent enactments 
 affording ample materials for a fifth ; and a great variety of minds having been 
 engaged from time to time in framing these enactments, it is not to be wondered 
 at that every trace of simplicity and uniformity of system has long since disap- 
 peared, and that on many subjects it is next to impossible to find out the law as 
 it is, or when it is found, to understand it. So many of the earlier statutes have 
 been repealed or modified, that of the first volume, extending from 1758 to ,1804, 
 not more than one-fifth part is in force, and large proportions of the other vo- 
 lumes that were subsequently published under the authority of the legislature, 
 have in like manner ceased to be law. Every variety of style too, is to be found 
 in the statutes that remain in force, from the terseness and vigour which distin- 
 guish some few of the enactments, to the verbiage and interminable periods, which 
 render it a hopeless task to find out the meaning of too many of the others. 
 
viii commissioners' rpport. 
 
 With the knowledge of these evils, ■which are almost universally admitted, and 
 of the unanimous desire of the legislature that they should no longer disfigure 
 our provincial statutes, we had to consider how far it was possible for us to un- 
 dertake and accomplish a task of no ordinary difficulty — and involving great 
 labor and still greater responsibility. We might have contented ourselves with 
 going over the whole of the existing laws, and having ascertained all that are 
 actually in force, we might have pruned some excrescences — arranged them in 
 chronological order, and presented them to the legislature. This of itself would 
 have been an improvement, but it would have fallen far short of what the legis- 
 lature obviously contemplated and we ourselves desired. It was incompatible 
 with the order and system which ought at least to be attempted, and though it is 
 all that has been hitherto effected in some of our sister colonies, we rejected it as 
 wholly inadequate to our wants. 
 
 The second plan that occurred to us was to preserve the frame- work of the 
 present laws, to expunge some of the more useless expletives and phrases, and to 
 methodize and arrange them as much as possible without aiming at any material 
 change ; but in reducing this idea to practice, we found that it would be impos- 
 sible to make even the approach to a philosophical and comprehensive arrange- 
 ment, or to weed out the innumerable errors and inconsistencies which run 
 through our provincial acts. 
 
 After full enquiry therefore, and a discussion of the whole subject-matter at 
 several meetings, we decided on a bolder and more ambitious attempt, which we 
 have succeeded in partly accomplishing — but are far from thinking that the acts 
 we have prepared are not still susceptible of amendments and improvement. It 
 will be for the wisdom of the legislature to deal with them as they shall think fit ; 
 it is our duty respectfully to present to your excellency the outlines of the plan 
 for their information and revisal. 
 
 In the year 1836 the revised statutes of the State of Massachusetts were pub- 
 lished in one portable and convenient volume, founded on the model which had 
 been furnished by the State of New York in 1828, and which has been still further 
 improved in two subsequent editions, the last published in 1846. The revision 
 in Massachusetts set out with the repeal of an immense number of statutes, pas- 
 sed between the years 1790 and 1835, the titles of which occupy twenty-two 
 closely printed pages — and arranged the whole of the state law into parts, titles 
 and chapters, — these last being one hundred and forty-six in all, sub-divided into 
 numerous sections. The language throughout is plain and intelligible, — expres- 
 sions of a doubtful meaning and of a technical character, not fiimiliar to the 
 whole people, are avoided, — and the result is, a body of law which any man of 
 ordinary good sense can easily understand. This, as it appeared to us, was 
 what we should aim at ; and although in the details and drafting of the several 
 chapters, the laws of New York and Massachusetts have afforded us little or no 
 assistance, we have adhered as much as possible to the general principles, of 
 which we approved. 
 
 A material difficulty was to be disposed of at the outset. There are a large 
 number of what may be termed private acts in our statute book, which could not 
 be touched without interfering with vested rights, — such as the various acts for 
 incorporating banks, insurance and manufacturing companies, and others of the 
 like kind. To apply any new system of phraseology or arrangement to these 
 statutes would lead to endless questions and complaints, and therefore we have 
 
IX 
 
 not touched them at all, presuming that the legislature, without passing them 
 anew, would direct them to be printed as they are in a separate volume. 
 
 Taking then, the laws of general application, we arranged them into four 
 parts, viz : " Part 1st. Of the internal administration of the government." 
 "Part 2nd. Of the acquisition, transmission, and enjoyment of property, real 
 and personal. The domestic relations and other matters connected with private 
 rights." " Part 3rd. Of courts and judicial officers, and proceedings in civil 
 cases." "Part 4th. Of the criminal law and the administration of criminal 
 justice." 
 
 Part 1st comprehends twenty-three titles and one hundred and five chapters ; 
 part 2nd, six titles and eighteen chapters ; part 3rd, six titles and twenty-three 
 chapters ; part 4th, two titles and fourteen chapters — making one hundred and 
 sixty chapters in all, numbered from one to one hundred and sixty for the faci- 
 lity of reference, and each chapter sub-divided into sections. The accompanying 
 analysis of the whole will shew the subject matter of each chapter, and distin- 
 guish such as are ready for the action of the legislature from such as are incom- 
 plete or have been not yet undertaken. 
 
 Title first, chapter first, of the promulgation and construction of statutes, is 
 the ground-work of the whole. We have there defined a multitude of terms, in 
 order to avoid repetition, and with the same view have incorporated a great va- 
 riety of general rules, such as the collection and appropriation of penalties, and 
 the principles of construction applicable to the whole code. In the subsequent 
 chapters we have made it the rule to strike out every word that was not essen- 
 •tial to the meaning, and every direction that could be conveniently transferred to 
 the chapter of general construction. That the laws will be greatly abbreviated 
 and simplified by this method, will be seen at a glance. In some cases, indeed, 
 whole pages have been compressed into a few lines, and we believe that the 
 meaning has been, notwithstanding, conveyed. It will be incumbent on the legis- 
 lature, however, to exercise a watchful care over our labors, least their intentions 
 should have been occasionally misapprehended or unintentionally defeated. 
 
 Some difierence of opinion arose among the commissioners as to the extent of 
 their authority. Although the preamble of the resolutions contemplates the 
 amendment and improvement of the statutes, the four commissioners who unite 
 in this report were satisfied that the legislature did not intend to entrust them 
 with the power of introducing any material changes, but on the contrary expec- 
 ted that the new code should present the law, in all essential particulars, as it 
 was. — Many alterations, however, and modifications of the existing statutes be- 
 came unavoidable in the progress of the work, but all of these have been care- 
 fiilly noted in the margin of the original drafts, and will be brought under the 
 notice of the council and assembly by the commissioners who are members. 
 
 The commissioners regret that they found it totally impossible, with their other 
 avocations, to finish the work in one year. It will require the continued labor 
 of themselves or their successors for another year — which will be amply sufficient, 
 however, to complete it. By far the greater part is done, as far as the commis- 
 sioners can do it, or drafted, in order that it may be taken up either by ourselves 
 or by suitable committees. 
 
 Of the titles and chapters that the commissioners report as done, and to the 
 consideration of which the legislature may proceed immediately, if they deem it 
 expedient, the following may be enumerated : 
 
X COMMISSIONERS' EEPOET. 
 
 The whole of the criminal law, in the preparation of which the commissioners 
 have been aided by the code adopted in New Brunswick at the last session of 
 their legislature ; the whole of the election law, with the law of controverted 
 elections ; the laws touching the appointment and salaries of public of&cers ; the 
 whole of the law touching counties and county officers, including sheriffs and 
 coroners ; the laws for the support of public worship ; the laws of shipping and 
 seamen, of partnership, of interest and currency and of bills of exchange ; the law 
 of wrecks ; the laws touching the supreme court, its officers, pleadings and prac- 
 tice ; the laws regulating the proceedings against absent or absconding debtors — 
 of suits against joint debtors — the limitation and commencement of actions and 
 arbitrations. 
 
 Of the titles and chapters which are drafted, but have not undergone our re- 
 vision, may be enumerated : 
 
 The laWs for the collection and preservation of the public revenue, including 
 the casual and territorial revenue, and light house and excise duties ; the laws of 
 public highways, landings and ferries ; the laws of sewers, commons, and com- 
 mon fields ; the laws of pilotage, of harbors and harbor masters, of factors and 
 agents, of mills and millers, of the inspection of provisions, of weights and mea- 
 sures ; the laws for the support of the poor ; the laws of fires and firewards, of 
 lumber, of hawkers and pedlars, of stray cattle — and others, forming a general 
 title, under the head of " municipal regulations :" the law of wills ; the laws 
 regulating the descent of real and personal property, and the settlement of the 
 estates of deceased persons ; the laws regulating the court of chancery, of escheat, 
 marriage and divorce, and probate — of the jurisdiction of justices of the peace in 
 civil actions, witnesses and evidence, juries and insolvent debtors, forcible entry 
 and detainer, and the partition of lands. 
 
 Of the titles and chapters which have not yet been touched, the most promi- 
 nent are as follows : 
 
 Public health — including the laws of quarantine, nuisances, and infectious dis- 
 eases ; immigrants and passengers ; public instruction — which the commissioners 
 have refrained from touching, as it is to occupy the attention of the legislature in 
 the ensuing session ; the law of corporations ; the registry of deeds ; the sale of 
 lands for debt and the foreclosure of mortgages ; the statute of frauds and per- 
 juries ; the domestic relations — including the law of marriage, of guardians and 
 wards, masters, apprentices and servants ; trespasses on real estate. 
 
 Some of the minor titles have been omitted in these enumerations, but they 
 afford a general view of what has been accomplished, in whole or in part, and 
 what is yet to be done. 
 
 Under these circumstances it will be for your excellency and the other two 
 branches of the legislature to decide what it is expedient to do in the ensuing 
 session with that portion which may be now accounted, or easily made ready for 
 legislative action. Some plan will probably be suggested by which the labor of 
 considering and passing the new laws ma,y be materially lightened, and the whole 
 of the code published in one volume in the course of the year 1851. 
 
 All of which is respectfully submitted. 
 
 WILLIAM YOUNG, 
 J. McCULLY, 
 J. W. RITCHIE, 
 JOS. WHIDDEN. 
 
commissioners' report. xi 
 
 TO HIS EXCELLENCY LIEUTENANT GENERAL SIR JOHN HARVEY, K. C. B., 
 lieutenant-governor of the province of Nova-Scotia, &c. &c. &c. 
 
 The final report of the commissioners appointed by your excellency to con- 
 solidate and simplify the laws of the province : 
 
 May it please your excellency : 
 
 In our previous report we entered at some length into the reasons which had 
 determined us to aim at a more extensive and thorough revision of our provincial 
 statutes than was at first intended. 
 
 It was not without some hesitation that we adopted this course, foreseeing, as 
 we did, the increased responsibihty and labor it would impose ; and we were gra- 
 tified at the favorable reception with which our report, and the portions of the 
 plan then completed, were honored by the assembly. 
 
 Of the one hundred and sixty chapters which constituted the new code, and 
 which are now increased to one hundred and seventy, upwards of sixty were 
 passed by the legislative council and house of assembly in the last session, and 
 will require to pass again only pro forma. 
 
 About one third of the whole work has been thus far perfected by the two 
 branches of the legislature, and the remaining chapters are now ready for legis- 
 lative action. 
 
 Having found it necessary to break up the whole of the public acts, in order 
 to simplify their language and mould them into a systematic arrangement, we 
 have been obliged to compose every section of the revised statutes anew. By ad- 
 hering to certain general rules, in order to avoid the uncertainties and confusion 
 of the old system, and by discarding all repetition and verbiage, we have been 
 able to compress the work within the limits of one ordinary sized octavo volume. 
 
 In our former report we stated that we were not entrusted with the power of 
 materially changing the law, but were expected only to methodize and simplify it. 
 To this principle we have adhered as much as possible, but we have found it ne- 
 cessary in certain cases to exercise a pretty large discretion : for example — we 
 have framed a new chapter containing all the provisions that have been usually 
 applied to corporations, and which will extend wholly or in part to every new 
 body seeking to be invested with corporate privileges. The numerous acts for the 
 settlement and support of the poor, and those for the regulation of public land- 
 ings, and of fires and firewards, we have formed into single chapters, presuming 
 that the different enactments which have heretofore obtained in certain townships 
 and localities will no longer be sanctioned. The law of factor and agent has been 
 the subject of two imperial acts, the first of which was adopted by our legislature 
 in the year 1836 ; the second imperial enactment largely extended and modified 
 the provisions of the first. After due consideration we have framed one chapter 
 containing, as we think, the substance of both. Two or three chapters are intro- 
 duced now for the first time : one of them is designed to protect parties in pos- 
 session of personal property not claiming title thereto, and ofiicers acting under 
 civil process, from litigation in which they are not personally interested, and to 
 transfer the responsibility to the real claimant. The partition of lauds, by an 
 
xii commissioners' eeport. 
 
 economical and effective process, forms also a new chapter. Several of the pro- 
 visions in the chapter for the protection of justices of the peace and others, and 
 in that for the registry of deeds, and in some other chapters, are greatly modified 
 or altogether new ; and we therefore invite the attention of your excellency and 
 the executive government to these statements, that a watchful supervision may he 
 exercised while the different chapters are paging, in order that the responsibility 
 may he transferred from us, and rest, where it ought, upon the legislature. The 
 modifications and changes suggested having been noted in the margin of our drafts 
 will be submitted by the commissioners who are members of the upper and lower 
 branches of the legislature, and be subject to approval or correction. 
 
 It is proper, however, to mention that in many instances while we conceived it 
 to be our duty, as regards form, to assimilate the law to the new system, we have 
 reported no alteration or amendment whatever in matters of substance, but have 
 left the provisions of the law precisely as they were. Acts for establishing reli- 
 gious worship, for the settlement of the civil list, for securing salaries and pen- 
 sions, and for establishing fees of all kinds, are examples. 
 
 In the repealing chapter, comprehending upwards of seven hundred and fifty 
 acts of the legislature passed at various periods, we have included all the public 
 statutes of general operation that are now in force ; acts which are private or 
 local, including those creating or affecting corporations, we have left unrepealed, 
 to be collected together and re-printed in a separate volume. Besides these, there 
 will still remain upon the statute books a very limited number of acts of a purely 
 private character, or touching titles of public lands, which we leave unrepealed 
 and unnoticed. The acts relating to government properties are examples of the 
 latter kind. Acts, touching naturalization, marriage and divorce of parties parti- 
 cularly named, are examples of the former class. Acts extending the provisions 
 of acts expressly repealed, are repealed by a general clause applicable to that 
 particular class of cases. Acts executed, and acts expired, are, for obvious rea- 
 sons, not referred to in the repealing chapter. 
 
 Of the local acts, the most numerous are those which apply to the city of Ha- 
 lifax. In pursuance of a suggestion made through our chairman to his worship 
 the mayor, we were officially informed that the city authorities had authorized 
 their recorder forthwith to revise and consolidate these acts into one or more chap- 
 ters. 
 
 In enacting the revised statutes we take the liberty of suggesting that the le- 
 gislation of the ensuing session should be framed on the same model, and incor- 
 porated with the new code, so as to constitute an uniform and consistent whole, 
 and that previously to their being published a copious index and table of contents 
 should be prepared and added. 
 
 In the execution of the important and onerous trust committed to our charge, 
 although we have been compelled to bestow an amount of labor and a degree of 
 attention which none of us in the first instance anticipated, there may be some 
 imperfections or defects to be hereafter remedied. The main advantage to be 
 derived from the work will be that the laws which regulate social life, protect 
 and transmit property, determine pohtical rights, and define the punishment of 
 offences, have been reduced to system, and clothed in simple and perspicuous lan- 
 ,;j;aage, so as to be intelligible to all who may have occasion to consult or who may 
 choose to study them. And as the present is the first attempt of the kind in a 
 British colony we must bespeak th^ indulgence of your excellency and of the pub- 
 
xm 
 
 lie for the imperfections it may contain, and which are, perhaps, inseparable from 
 so extensive an undertaking. 
 
 The increased labor consequent upon the execution of the commission in a more 
 comprehensive manner than was originally contemplated, it was soon discovered 
 would require additional assistance ; and in closing this report we deem it an act 
 of justice to acknowledge our obligation for the valuable services rendered by 
 James Thompson, esquire, barrister, at our request, during the progress of the 
 work. 
 
 WILLIAM YOUNG, 
 J. McCULLY, 
 J. W. RITCHIE, 
 JOS. WHIDDEN. 
 Halifax, January 22nd, 1851. 
 
ANALYSIS 
 
 SEVERAL PARTS, TITLES AND CHAPTERS 
 
 CONTAINED IN 
 
 THE REVISED STATUTES. 
 
 PART I. 
 
 OF THE INTERNAL ADMINISTRATION OF THE GOVERN- 
 MENT. 
 
 TITLE L 
 
 Chapter 1. OF THE PROMULGATION AND CONSTRUCTION OF STATUTES, 
 
 TITLE II. 
 
 OF THE LEGISLATURE. 
 
 Chapter 2. 
 Chapter 3. 
 Chapter 4. 
 Chapter 5. 
 Chapter 6. 
 
 Of executive and legislative disabilities, . . . . 
 
 Of the representation in general assembly, 
 
 Of the duration of the general assembly, .... 
 
 Of the qualification of candidates and electors, and frauds in regard thereto, 
 
 Of bribery and treating at elections, 
 Chapter 7. Of the manner of conducting elections. 
 Chapter 8. Of scrutinies, .... .... 
 
 Chapter 9. Of controverted elections, 
 
 Chapter 10. Of vacating seats, . . . . 
 
 TITLE in. 
 
 OF THE PUBLIC REVENUE. 
 
 Chapter 11. 
 Chapter 12. 
 Chapter 13. 
 Chapter 14. 
 Chapter 15. 
 Chapter 16. 
 Chapter 17. 
 
 Of the casual and territorial revenue, 
 
 Of customs duties, 
 
 Of the board of revenue, 
 
 Of officers of the customs, 
 
 Of the laws of the customs, 
 
 Of the importation of goods, . 
 
 Of the warehousing of goods, 
 
 PAGfi 
 
 2 
 
 20 
 22 
 26 
 
 27 
 
 29 
 35 
 36 
 33 
 43 
 &2 
 
XVI ANALYSIS. — PAET I. 
 
 PAGE 
 
 Chapter 18. Of the exportation of goods and of drawbacks, . . 55 
 
 Chapter 19. Of the prevention of smuggling, . , ... 61 
 
 Chapter 20. Of the regulation of distilleries, ..... 64 
 
 Chapter 21. Of light-house duties, ...... 66 
 
 Chapter 22. Of Ucensea for the sale of intoxicating liquors, .... 67 
 
 TITLE IV. 
 
 Chapter 23. OF THE POST OPriCE, . . . . 74 
 
 TITLE V. 
 
 OF PUBLIC BUILDINGS AND ESTABLISHMENTS. 
 
 CSiPTEK 24. Of the board of works, ... . . . . 8S 
 
 Chaptek 25. Of the penitentiary, .... . . 87 
 
 Chapter 26. Of Sable Island and the light houses, . . . . 91 
 
 TITLE VI. 
 
 OP THE MANAGEMENT AND EEQULATION OP THE PUBLIC DOMAIN. 
 
 Chahter 27. Ofthe coal mines, . . ... .92 
 
 Chapter 28. Of the crown lands, ...... .95 
 
 TITLE VII. 
 
 OP THE NATIONAL DEFENCE. 
 
 Chapter 29. Of the militia, .... ... 97 
 
 Chapter 30. Of billetting the troops and militia, . . . 114 
 
 Chapter 31. Of public fortifications, ..... . 116 
 
 TITLE VIII. 
 
 Chapter 32. OF THE NATURALIZATION OF ALIENS, , . 116 
 
 TITLE IX. 
 
 Chapter 33. OP THE CENSUS AND STATISTICAL INFORMATION, 117 
 
 TITLE X. 
 
 OF CERTAIN PUBLIC OFFICERS. 
 
 Chapter 34. Of the salaries of certain public ofB-cers and certain pensions, . . 124 
 
 Chapter 35. Of the qualifications, appointment, and tenure of ofBce of the principal ju- 
 dicial officers, ..... 125 
 
 Chapter 36. Of the offices of receiver general and financial secretary, and the rendering 
 
 and audit of the public accounts, . . . . ^26 
 
 Chapter 37. Of the offices of sm-veyor general and commissioner of crown lands, . 128 
 
 TITLE XI. 
 
 CbaptEk 38. OP TKEASUKY NOTES THE FUNDED DEBT, AND THE SAVINGS BANK, 123 
 
 TITLE XII. 
 
 OP COUNTIES AND COUNTY OFPICERS. 
 Chaptss 39. Of the boundaries ot counties, ...... 130 
 
ANALYSIS. — PART I. 
 
 XVIl 
 
 Chapter 40. Of sheriffs, . ... 
 
 Chapter 41. Of coroners, . . . , . 
 
 Chapter 42. Of clerks of the peace, .... 
 
 Chapter 43. Of sui-veyors of land, .... 
 
 Chapter 44. Of the times and places of holding the sessions. 
 
 Chapter 45. Of special sessions, .... 
 
 Chapter 46. Of county assessments. 
 
 Chapter 47. Of jails and other county buildings, 
 
 PAGB 
 
 131 
 133 
 134 
 134 
 135 
 136 
 137 
 143 
 
 TITLE XIII. 
 
 OF T0WNSHIP8 AND TOWNSHIP OFEIOERS. 
 
 Chapter 48. Of townships, their powers and duties, and the appointment, quaUfication, and 
 
 duties of township ofBcers, .... 144 
 
 Chapter 49. Of fences and fence Tiewers, and impoundhig of cattle, . . . 145 
 
 TITLE XIV. 
 
 OF THE SUTPOET OF PUBLIC 'WORSHIP. 
 
 Cbapteb 60. Of the church of England, 
 
 Chapter 51. Of reUgious congregations and societies. 
 
 Chapter 62. Of assessments for the repairs of meetmg houses. 
 
 148 
 160 
 153 
 
 TITLE XV. 
 
 OF THE PUBLIC HEALTH. 
 
 Chapter 63. Of quarantine, ...... 
 
 Chapter 64. Of boards of health and infectious disease. 
 
 Chapter 55. Of rabid animals, .... 
 
 Chapter 56. Of nuisances, .... 
 
 Chapter 67- Of regulations concerning the practice of physic and surgery. 
 
 164 
 154 
 167 
 157 
 160 
 
 TITLE XVI. 
 
 Chapter 58. OF INDIANS, . . . . 
 
 TITLE XVII. 
 
 Chapter 69. OP IMMIQEANTS, 
 
 TITLE XVIII. 
 
 Chapter 60. OF PUBLIC INSTEUCTION, . . . . 
 
 TITLE XIX. 
 
 OF HIGHWAYS, STEEETS, BEIDGES, PUBLIC LANDINGS, AND FEEEIES. 
 
 Chapter 61. Of laying out certain great roads, . . . 
 
 Chapter 62. Of laying out roads other than certain great roads, 
 
 Chapter 63. Of surveyors of highways and highway labor, except in Halifax, 
 
 Chapter 64. Of commissioners of streets, 
 
 Chapter 65. Of highway labor in the city of Halifax, 
 
 Chapter 66. Of the expenditure of monies on the roads. 
 
 Chapter 67. Of the preservation of roads, 
 
 Chapter 68. Of supervisors of public gi-ounds. 
 
 Chapter 69. Of closing roads, 
 
 Chapter 70. Of railroads, ... 
 
 C 
 
 161 
 
 165 
 
 173 
 175 
 178 
 182 
 188 
 190 
 194 
 196 
 199 
 200 
 
XVUl 
 
 ANALYSIS. — PART I. 
 
 Chapter 71. Of ceWain bridges and public landings, 
 Chapiek 72. Of ferries, .... 
 
 PAGE 
 
 202 
 . 203 
 
 TITLE XX. 
 
 OP SEWEES, COMMONS, AND COMMON FIELDS. 
 
 Chapter 73. Of commissioners of sewers and the regulating of diked and marsh lands. 
 Chapter 74. Of commons, . 
 Chapter 75. Of common fields, 
 
 204 
 211 
 2U 
 
 TITLE XXI. 
 
 OE THE EEGULATION OE TRADE IN CEBTAIS CASES. 
 
 Chapter 76. Of shipping and seamen, . . . 213 
 Chapter 77. Of wi-eclcs and wrecked goods, • 221 
 Chapter 78. Of pilotage, harbors, and harbor masters, . . 223 
 Chapter 79. Of partnerships, . . 229 
 Chapter 80. Of factors and agents, . . - 234 
 Chapter 81. Of bills of exchange and promissory notes, • 236 
 Chapter 82. Of interest, . . . 237 
 Chapter 83. Of cm-rency, . . ... 238 
 Chapter 84. Of mills and millers, . . . 240 
 Chapter 85. Of the regulation and inspection of provisions, lumber, fuel, and other merchan- 
 dize, . . . . . 241 
 Chapter 86. Of weights and measures, 257 
 
 TITLE XXII. 
 
 OE COKPOEATIONS. 
 
 Chapter 87. Of general provisions respecting corporations. 
 Chapter 88. Of agricultural corporations, 
 
 258 
 263 
 
 TITLE XXIII. 
 
 OF THE POOE. 
 
 Chapter 89. Of the settlement and support of the poor, 
 
 Chapter 90. Of poor districts, 
 
 Chapteb 91. Of the maintenance of bastard children, . 
 
 270 
 271 
 
 TITLE XXIV. 
 
 OP CEETAIN BIEDS AND ANIMALS. 
 
 Chapter 92. Of the preservation of useful birds and animals. 
 Chapter 93. Of the destruction of noxious animals, 
 
 TITLE XXV. 
 
 OF THE nSIIEEIES. 
 
 Chapter 94. Of the coast fisheries, 
 Chapter 95. Of river fisheries. 
 
 280 
 283 
 
 TITLE XXVI. 
 
 Chapter 96. OF THE ENCOUEAGEJIENT OP AGEICULTUKE AND EUEAL 
 ISCONOMY, 
 
ASTALTSIS.— MET II. 
 
 XIX 
 
 TITLE XXVII. 
 
 OF CEETAIN MUNICIPAL EEGTJLATIONS. 
 
 Chaptbr 9T. Ot trustees ot public property, . . . . 
 
 Chapter 98. Of public markets, . ..... 
 
 Chapter 99. Of fires and firewards, ... 
 
 Chapter 100. Of the dischai'ge of fire-arms and fire-works. 
 
 Chapter 101. Of the transportation of gunpowder, 
 
 Chapter 102. Of burning woods and marshes. 
 
 Chapter 103. Of the conveying of timber and lumber on rivers, and the removal of obstruc- 
 tions therefrom, ... . . 297 
 
 Chapter 104. Of madmen and vagrants, ... . , 299 
 
 Chapter 105. Of public exhibitions, ... .... 299 
 
 Chapter 106. Of stray horses and cattle, . . . 300 
 
 Chapter 107. Of the going at large of infected cattle and of dogs, and vicious animals and 
 
 geese, . ... 302 
 
 Chapter 108. Of the gathering of sea manure, ...... 302 
 
 Chapter 109. Of coasting on highways, .... . . 303 
 
 Chapter 110. Of roads over the ice, ... . . 303 
 
 page 
 287 
 288 
 289 
 295 
 296 
 296 
 
 PART II. 
 
 OF THE ACQUISITION, TRANSMISSION AND ENJOYMENT 
 OF PROPERTY, REAL AND PERSONAL ; THE DOMESTIC 
 RELATIONS, AND OTHER MATTERS CONNECTED WITH 
 PRIVATE RIGHTS. 
 
 TITLE XXVIII. 
 
 OP KEAL PKOPERTY, AND THE ALIENATION THEREOF. 
 
 Chapter 111. Of deeds by married women, ... . 304 
 
 Chapter 112. Of estates tail, ... . . 305 
 
 Ghafieb 113. Of the registry ofdeeds and incumbrances affecting lands, 305 
 
 TITLE XXIX. 
 
 OF TITLE TO REAL AND PERSONAL PROPERTY BY WILL AND BY DESCENT, AND 
 THE SETTLEMENT OF THE ESTATES OF DECEASED PERSONS. 
 
 Chapter 114. Of wills of real and personal estate, . 
 Chapter 115. Of the descent of real and personal estate. 
 
 309 
 314 
 
 TITLE XXX. 
 
 OF TITLES TO REAL PROPERTY BY SPECIAL PROVISIONS OF LAW. 
 
 Chapter 116. Of jetat tenancy and tenancy in common. 
 Chapter 117. Of the sale of lands under foreclosure of mortgage, 
 Chaptee 118. Of the sale of lands to satisfy execution debts. 
 
 317 
 317 
 319 
 
XX 
 
 ANALYSIS. — PART III. 
 
 TITLE XXXI. 
 
 OF COPYRIGHTS AND PATENTS. 
 
 Chapteb 119. Of the law of copyright, 
 Chapter 120. Of patents for useful inventions, 
 
 PAGE 
 
 32X 
 
 321 
 
 TITLE XXXII. 
 
 Chaptek 121. OF THE PREVENTION OF FRAUDS AND PERJURIES, 
 
 328 
 
 TITLE XXXIII. 
 
 OF THE DOMESTIC RELATIONS. 
 
 Chapter 122. Of marriage and the solemnization thereof, 
 
 Chapter 123. Of the registry of births, marriages and deaths, 
 
 Chapter 124. Of guardians and wards, 
 
 Chapter 125. Of masters, apprentices and servants. 
 
 327 
 
 329 
 83Q 
 
 PART 111. 
 
 OF COURTS KND JUDICIAL OFFICERS, AND PROCEEDINGS 
 IN SPECIAL CASES. 
 
 TITLE XXXIV. 
 
 OF COURTS AND JUDICIAL OFFICERS. 
 
 Chapter 126. Of the supreme court and its officers, . 
 
 Chapter 127. Of the court of chancery. 
 
 Chapter 128. Of the court of marriage and divorce, 
 
 Chapter 129. of the court of escheat. 
 
 Chapter 130. Of the probate court. 
 
 Chapter 131. Of the jurisdiction of justices of the peace in civil cases. 
 
 Chapter 132. Of barristers and attornies 
 
 TITLE XXXV. 
 
 333 
 336 
 337 
 338 
 339 
 354 
 364 
 
 OF ACTIONS IN GENERAL AND THE PRACTICE OF THE SUPREME COURT. 
 
 Chapter 133. Of the commencement of actions and the form and service of writs. 
 
 Chapter 134. Of pleadings and practice. 
 
 Chapter 135. Of witnesses and evidence and the proof of written documents. 
 
 Chapter 136. Of juries, 
 
 Chapter 137. Of the relief of insolvent debtors. 
 
 TITLE XXXVI. 
 
 OF ACTIONS RELATING TO REAL PROPERTY. 
 
 Chapter 138. Of the writ of dower, 
 CiiAPTEU 139. Of the piu-tition of lands, 
 Chapter 140. Of forcible entiy and detainer, 
 
 369 
 386 
 
 397 
 398 
 405 
 
ANALYSIS. — PAET IV. 
 
 XXI 
 
 TITLE XXXVII. 
 
 OP PROCEEDINGS IN SPECIAL CASES. 
 
 Chapter 141. Of suits against absent or absconding debtors, 
 
 Chapter 142. Of suits against joint debtors, 
 
 Chapter 143. Of suits by iind against executors and administrators, 
 
 Chapter 144. Of summary suits. 
 
 Chapter 145. Of distress for rent. 
 
 Chapter 146. Of arbitrations. 
 
 Chapter 147. Of petty trespasses and assaults, 
 
 Chapter 148. Of the wi-it of certiorai-i. 
 
 Chapter 149. Of interpleader, . . . . 
 
 Chapter 150. Of the protection of justices of the peace, 
 
 Chapter 151. Of the protection of constables. 
 
 Chapter 152. Of the custody and estates of lunatics, , 
 
 406 
 
 . 410 
 
 411 
 
 . 412 
 
 414 
 
 . 416 
 
 417 
 
 . 420 
 
 420 
 
 . 422 
 
 425 
 
 . 426 
 
 TITLE XXXVIII. 
 
 Chapter 153. 01 THE LIMITATIONS OE ACTIONS, 
 
 TITLE XXXIX. 
 
 Chapiek 154. OS COSTS AND FEES, 
 
 428 
 
 PART IV. 
 
 OF THE CRIMINAL LAW AND THE ADMINISTRATION OF 
 CRIMINAL JUSTICE. 
 
 TITLE XL. 
 
 01' OFFENCES AGAINST THE GOVERNMENT. 
 
 Chapter 155. Of treason, 
 
 Chapter 156. Of offences relating to the army and navy, 
 
 Chapter 167. Of offences against religion, 
 
 Chapter 168. Of offences against public morals, 
 
 Chapter 169. Of offences against the law of marriage, 
 
 Chapter 160. Of offences against the public peace, 
 
 Chapter 161. Of offences against the axlministration of justice. 
 
 Chapter 182. Of offences against the person, 
 
 Chapter 163. Of offences against the habitation. 
 
 Chapter 164. Of fraudulent appropriations, 
 
 Chapter 165. Of forgery and offences relating to the coin, 
 
 Chapter 166. Of malicious injuries to property, 
 
 Chapter 167. Of the definition of terms in this title, . 
 
 443 
 443 
 444 
 445 
 446 
 447 
 448 
 449 
 452 
 454 
 466 
 467 
 461 
 
 Chapter 168. 
 
 Chapter 169. 
 
 HAPTER 170. 
 
 TITLE XLI. 
 
 OF THE ADMINISTRATION OF CRIMINAL JUSTICE. 
 
 Of the administration of criminal justice in the supreme court, 
 
 Of the duties of justices of the peace in criminal matters, 
 
 OF THE REPEAL OF STATUTES, REVISED AND CONSOLIDATED, 
 
 476 
 499 
 
i^r^bittce ci l:^oba Scotia. 
 
 IN THE YEAR OF OUB LORD ONE THOUSAND BIGHT HUNDRED 
 AND HFTY-ONB. 
 
 AN ACT 
 
 FOR REVISING AND CONSOLIDATING THE GENE- 
 RAL STATUTES OF NOVA-SCOTIA. 
 
 m3e it enacted by the Lieutenant Governor, 
 Council and Assembly, as follows : 
 
2 
 
 Chap. 1. Sect. 1—7. 
 
 [part I. 
 
 PART I. 
 
 OF THE INTERNAL ADMINISTRATION OF THE GOVERNMENT. 
 
 TITLE I. 
 CHAPTER 1. 
 
 or THE PROMULGATION AND CONSTRUCTION OF STATUTES. 
 
 Section 
 
 1. All acts public. 
 
 2. Commencement of date. 
 
 3. Publication how evidenced. 
 
 4. Repeal or alteration the same session. 
 
 Sectios 
 5. Revised by express enactment only. 
 G. rroccedings under old acts continued under 
 
 new. 
 7. Construction of .acts -j meaning of terms ; 
 
 general provisions. 
 
 All acts public. 
 
 Conuneucement 
 of date. 
 
 Publication how 
 evidenced. 
 
 Repeal or altera- 
 tion the same 
 session. 
 
 Revised by ex- 
 press enactment 
 only. 
 
 Proceedings un- 
 der old acts con- 
 tinued under 
 nex. 
 
 Construrtion of 
 acts ; meaning 
 of terms ; gene- 
 ral provisions. 
 
 1. All Acts shall be deemed public, and may be declared on, 
 and given in evidence witliout being specially pleaded. 
 
 2. The clerk of the legislative council shall endoi-se on every 
 act the date of its passage, and the endorsement shall be held 
 part of the act, and shall be the date of its commencement, unless 
 otherwise provided. 
 
 3. Printed copies of acts published in the royal gazette news- 
 paper, in Halifax, or purporting to be published by the Queen's 
 printer for the province, shall be endence of such acts. 
 
 4. Any act may be altered or repealed during the session in 
 which it shall have passed. 
 
 5. No act nor any portion of an act that shall be repealed, shall 
 be revived, unless by express enactment. 
 
 6. Where an act shall be repealed in whole 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 ob- 
 served unless otherwise expressly provided for, or such construc- 
 tion would be inconsistent with the manifest intention of the legis- 
 lature, or repugnant to the context, that is to sdy : 
 
 The words " Queen" or " Her Majesty"' shall include her majes- 
 ty, her heirs or successors. 
 
 "Governor" shall include the Governor, Lieutenant Governor or 
 Commander in cliief, or person administering the government of the 
 Province for the time being. 
 
tiTLE I.] Chap. 1 Sect. 7. 3 
 
 " Sessions" shall denote the court of general or quarter sessions 
 of the peace for the county or district, and " special sessions" shall 
 denote a special sessions of the peace for the county or district. 
 
 " Justice" shall signify justice of the peace. 
 
 " Prothonotary" shall include deputy prothonotary. 
 
 " Clerk of the crown" shall include deputy clerk of the crown. 
 
 " Jail" shall mean county jail, and where imprisonment is pre- 
 scribed it shall mean imprisonment in the jail or other building 
 within the county in which debtors may be legally imprisoned. 
 
 " Warrant" shall signify wai-rant under hand and seal. 
 
 " Grantor" may be construed as including every person from 
 whom any freehold estate or interest passes by deed, and " grantee" 
 as including every person to whom any such estate or interest 
 passes in like manner. 
 
 " Highway" or " road" shall signify a public highway or i-oad, 
 and may also include county bridges. 
 
 " Land," " lands," or " real estate," shall include lands, tene- 
 ments, and hereditaments and all rights thereto and interest 
 therein. 
 
 " Goods" shaU mean personal property. 
 
 " Issue" as apphed to the descent of estates, shall be construed 
 to include all the lawful, lineal descendants of the ancestor. 
 
 " Representatives" shall mean executors and administrators. 
 
 " Wills" shall include codicils. 
 
 " Month" shall signify a calendar month, and " year" a calen- 
 dar year; and " year" alone shall be equivalent to the expression 
 " year of our Lord." 
 
 " Oath" shall include affirmations in cases where by law, an affir- 
 mation may be substituted for an oath : and in the like cases the 
 word " sworn" shall include the word " affirm." 
 
 " Person" may extend to bodies pohtic and corporate as well as 
 to individuals. 
 Z^" Foho" shall mean ninety words. 
 
 " Sureties" shall mean sufficient sureties, and "security" suffi- 
 cient security. 
 
 Every word importing the singular number only may extend to 
 several persons or things as well as to one person or thing : and 
 every word importing the plural number only, may extend to one 
 person or thing as well as to several persons or things ; and every 
 word importing the masculine gender, only, may extend to females 
 as well as to males. 
 
 All words purporting to give a joint authority to three or more 
 persons shall be construed as giving authority to a majority of 
 such persons. 
 
 'Where a penalty shall be imposed and no jiarticular mode be 
 prescribed for the recovery thereof, the same may be recovered in 
 the name of any person who will sue therefor, in the same man- 
 ner, and with the like costs, as if it were a private debt due such 
 person, the nature of the offence being briefly stated, and where 
 
4 Chap. 1. Sect. 7. [part i. 
 
 no particular mode of applying any penalty shall be prescribed, 
 the same shall be paid, one-half to the person who shall have sued 
 therefor, and the other half to the overseers of the poor for the 
 place where the offence was committed, for the use of the poor 
 thereof ; and where a penalty, or part thereof, shall be for the use 
 of the poor, it shall be paid to the overseers of the poor for the 
 place where the offence was committed, for the use of the poor 
 thereof 
 
 The imposition of a penalty shall not relieve any person from 
 liabihty to answer for special damages to a party injured. Ap- 
 peals to the supreme court shall be allowed by justices of the peace, 
 fi-om every judgment given by them in all cases tried before them, 
 in the same manner and on the same terms as are provided in civil 
 suits. \ 
 
 Where authority to make appoJiitments to public situations is 
 ^ conferred, it shall include the power to fill up vacancies caused by 
 / death, resignation, removal, or refusal to act. 
 
 Where power to make bye laws, regulations, rules or orders is 
 conferred, it shall include the power to alter or revoke the same, 
 and make others. 
 
 No bye law shall be enforced if repugnant to law. 
 
 When it is declared that any matter is to form a county charge, 
 the expense shall be presented, confirmed, assessed, levied and col- 
 lected with and by the same means as by law directed ■with regard 
 to other monies for county purposes. 
 
 Where forms are prescribed, slight deviations therefrom not 
 affecting the substance or calculated to mislead, shall not vitiate 
 them. 
 
 If the day upon which an act is to be done shall fall on a Sun- 
 day, Christmas Day, or Good Friday, the same shall be performed 
 on the day following. 
 
 Justices of the peace may administer all oaths, with regar(jl to 
 the taking of which no particular directions are given. 
 
 Quakers or Moravians, where an oath is prescribed, may, in^ead 
 of taking the same, solemnly affirm in manner used in their reli- 
 gion ; and such affirmations shall have the like effect,, and render 
 the parties taking them liable to the like penalties, if false, as 
 attach to an oath. 
 
 When bonds are required to be given by a public officer, they 
 shall be taken in her majesty's name where not otherwise directed. 
 
 All officers now appointed, or hereafter to be appointed by the 
 governor, whether by commission or otherwise, shall remain in 
 office during pleasure only, unless otherwise expressed in their 
 commissions or appointments. 
 
TiT^Bir.] Chap. ,2. Sect. 1—2. Chap. 3. Sect. 1. 
 
 TITLE II. 
 
 OF THE LEGISLATURE. 
 
 CHAPTER 2. 
 
 or EXECUTIVE AND LEGISLATIVE DISABILITIES. 
 
 Section 1 Section 
 
 1. Persons disabled to Bit in the legislature. 1 2. Penalty in case of offence. 
 
 1. The following persons holding the situations hereinafter Persons disiwed 
 mentioned within the province, by themselves or deputies, or by i^g'sMure.^ 
 others in trust for them, or for their benefit, shall be incapable of 
 
 being appointed to, or holding seats in the executive council, or 
 of being appointed to, or of sitting or voting in the legislative 
 council, or of being elected as members of, or sitting or voting in 
 the house of assembly, viz : the judges of the supreme court, the 
 master of the rolls, the judge of the court of vice admiralty, officers 
 and clerks of the customs and of colonial and hght duties, and per- 
 sons concerned in the receiving or managing of any monies to be 
 collected under any of such departments, the postmaster general, 
 and persons having a general control or superintendence over the 
 department, the deputy postmaster in Hahfax, and persons em- 
 ployed about the department there. 
 
 2. The appointment, election, or return of persons disabled as Penalty in esse of 
 hereinbefore mentioned, shall be void ; and every person so dis- "'^'^^'^'^ 
 abled who shall take his seat as a member of the executive council, 
 
 or shall sit or vote as a member of the legislative council or of the 
 house of assembly, shall forfeit ten pounds for every day in which 
 he shall so sit or vote, to be recovered in the supreme court. 
 
 CHAPTER 3. 
 
 OP THE KEPKESENTATTON IN GENERAL ASSEMBLY. 
 
 BECnos 
 1. Number of county and townHbip members. 
 
 Section 
 2. Annapolis, Digby, Truro and Londondefry 
 townships defined. 
 
 1. The representation in general assembly after the termina- Number of county 
 tion of the present general assembly, shall be as follows : menijers.^'"'' 
 
 For the counties of Halifax, Hants, Kings, Queens, Lunenburg, 
 Colchester, Cumberland, Pictou, Sydney, Cruysborough and Inver- 
 ness, eacli two inembers. 
 
6 
 
 Chap. 4. Sect. 1—2. Chap. 5. Sect. 1. [pabt i. 
 
 Annapolis, Digby, 
 Truro and Lon- 
 donderry town- 
 BhipB defined. 
 
 For the counties of Annapolis, Digby, Yarmouth, Shelburne, 
 Cape Breton and Richmond, each one member. 
 
 For the township of Halifax, t\yo members. 
 
 For the townships of Newport, Windsor, Falmouth, Horton, 
 Cornwallis, Granville, Annapolis, Digby, Clare, Yarmouth, Argyle, 
 Shelburne, Barrington, Liverpool,. Lunenburg, Truro, London- 
 derry, Amherst, Pictou, Sydney and Arichat, each one member. 
 
 2. For the purposes of this chapter the township of Annapolis 
 shall be understood as including that part of the township of Cle- 
 ments within the county of Annapohs ; the township of Digby as 
 including the townships of Hillsburg and Weymouth ; the town- - 
 ship of Truro as including electoral districts number one, two, 
 three, four and five of the county of Colchester ; and the town- 
 ship of Londonderry as including electoral districts numbers six, 
 seven, eight, nine, ten, eleven, twelve and thirteen of the same 
 county. 
 
 CHAPTER 4. 
 
 OF THE DURATION OF THE GENERAL ASSEMBLY. 
 
 Section 
 1. Dxiration of assembly not affected by 
 Queen's death. 
 
 Section 
 2. Duration of assembly limited. 
 
 Duration of as- 
 sembly not af- 
 fected by 
 Queen's death. 
 
 Duration of as- 
 sembly limited. 
 
 1. No general assembly shall determine merely in consequence 
 of the demise of her majesty. 
 
 2. The general assembly shall continue four years from the 
 time appointed by the writs for its meeting unless sooner dissol- 
 ved, and no lonn;er. 
 
 CHAPTER 5. 
 
 OF THE QUALIFICATION OF CANDIDATES AND ELECTORS, AND 
 FRAUDS IN REGARD THERETO. 
 
 Section 
 
 1. Qualification of electors. 
 
 2. Registration of titles. 
 
 3. Qualification of candidates. 
 
 4. Fraudulent conveyances. 
 
 Section 
 6. Penalties for fraudulent deeds, or voting 
 thereunder. 
 
 6. Prosecutions when to be commenced. 
 
 7. Imprisonment on conviction. 
 
 Qualification of 
 electors. 
 
 1. Every elector at the time of giving his vote shall have, 
 within the county or township for which he shall vote, a quahfica- 
 tion in real estate coming under one of the following classes, viz : 
 
 First — He shall have a legal and not mere equitable freehold 
 
TITLE II.] Chap. 5. Sect. 2 — 6. 7 
 
 estate in possession by liimself or his tenants in fee simple, fee tail 
 for his own life, or for the Ufe of another : or, 
 
 Secondly — He shall be a mortgagor or cestui que trust in pos- 
 session by himself or his tenants : or. 
 
 Thirdly — The husband of a woman seized in dower of the real 
 estate of a former husband where the dower has been set off and 
 reduced into possession : or, 
 
 Fourthly — A person holding real estate within the Island of 
 Cape Breton under a croAvn lease or license of occupation, granted 
 by the former government of the Island, and which was in force at 
 the time the island was re-annexed to this province, or under a 
 deed purporting to be a conveyance of freehold estate made from 
 such titles, — the estate in any case to be of the clear yearly value 
 of forty shillings ; and, if a tenant in common, joint tenant or co- 
 parcener, the individual interest to be of the clear yearly value of 
 forty shilhngs, to be estimated by the value of agricultural or other 
 produce which the land or property, bona fide and actually yields, 
 or by the annual value of the buildings thereon. 
 
 2. No person shall be entitled to vote under a grant or con- Kegisu-ation of 
 veyance made to himself unless the same shall have been registered 
 
 six months previously to the teste of the writ for holding the elec- 
 tion ; but this provision shall not extend to a person holding by 
 descent, devise or marriage. 
 
 3. A candidate shall at the time of election have a qualification Qualification of 
 which would entitle him to vote, except that it may be situate in '^'""^""■'*3- 
 any part of the province and the grant or conveyance thereof need 
 
 not be registered. 
 
 4. Fraudulent conveyances for the purpose of qualifying voters Fraudulent con- 
 subject to agreement for re-conveyance, shall be taken, as against ''^^^^''^^■ 
 the grantors as absolute, and collateral securities for defeating the 
 
 estate, shall be void. And any person making the conveyance, or 
 voting by color thereof, shall forfeit twenty pounds. 
 
 5. If a person shall knowingly, falsely, and fraudulently pre- Penalties for 
 pare, make or execute, or shall knowingly, falsely and fraudulently or voting there! 
 assist in the preparing, making, or executing any conveyance of ™'^"'- 
 
 land, or of any interest in land, or in the possession thereof, in, 
 or to which the party who shall execiite, or be intended to execute, 
 such conveyance shall have no legal or equitable title or claim, for 
 the pm-pose of falsely and fraudulently creating an apparent title 
 or interest in the land, or the possession thereof, whether with a 
 view to create a colorable or pretended quahfication to vote at an 
 election, or for the purpose of falsely and fraudulently inducing a 
 person to vote at an election, or for any other fraudulent purpose 
 whatsoever, or if a person knowing a conveyance to have been 
 so fraudulently made, shall knoAvingly, falsely, and fraudulently, 
 vote, or offer to vote, at an election on any such false and fraudu- 
 lent title, every such person shall for every offence forfeit twenty- 
 five pounds. 
 
 6. Prosecutions under the two prefceding sections shall be com- prosecutions 
 
 ■^ ° when to be cola- 
 
 menced. 
 
conviction. 
 
 8 Chap. 5. Sect. 7. Chap. 6. Sect. 1—6. [parti. 
 
 menced within twelve months from the committing of the offence, 
 and no prosecution under either section shall preclude a party 
 aggrieved from prosecuting an action for damages, or prevent the 
 recovery of a forfeiture under any other section or chapter. 
 impriBonmciit on 7. Evcry judgment recovered under this chapter, in default of 
 property of the defendant whereon to levy, and of payment by him, 
 rnay be le^ded on his body ; and the defendant shall thereupon be 
 committed to jail, there to remain until the judgment be paid, or 
 until he shall have continued in jail for a period proportioned to 
 the amount of the penalty, viz : — one week for every pound of the 
 penalty, but not in any case to exceed three months. 
 
 CHAPTER 6. 
 
 OF BRIBERY AND TREATING AT ELECTIONS. 
 
 Section 
 
 1. Price of entertainment not recoverable. 
 
 2. Penalty for fui-nishing liquors. 
 
 3. Penalty for asking or receiving bribes. 
 
 Section 
 
 4. Penalty for offeriog bribes. 
 
 5. Penalty how recovered. 
 
 6. Limitation of actions. 
 
 Price of entertain. 1- ^0 porsou shall rccovcr from a candidate, or his agents for 
 
 ment not recov- entertainment furnished, at the request of any of them, to other 
 
 persons at an election; and if upon trial it shall appear that, any 
 
 part of the plaintiff's claim is for entertainment so ftimished, he 
 
 shall be non-suited. 
 
 Penalty for fur- 2. If a Candidate during an election shall furnish, or willingly 
 niaung liguors. permit to be furnished to an elector or person claiming to. be an 
 elector, any intoxicating liquors, he shall forfeit one hundred 
 pounds. 
 
 Penalty for wking 3. If an clector, Or person claiming to be an elector, shall aak or 
 
 Sibcs"'™'' receive any money or reward for himself or any of his kindred, to 
 vote, or abstain from voting at an election, he shall forfeit one 
 hundred pounds. 
 
 Penalty for oiTer. 4. If a pcrson shall, by any gift or reward, or by a promise, 
 
 lag bribes. agreement or security for any gift or reward, procure another to 
 vote, or abstain from voting at an election, he shall forfeit one 
 hundred pounds. 
 
 Penalty how re- 5. In au action for recovery of a forfeiture under this chapter, 
 
 oovered. j^ ^-^-^i suflBice for the plaintiff to declare that the defendant is in- 
 
 debted to him in the amount of the forifeiture, and to allege the 
 particular offence for which the action is brought, and that the 
 defendant hath acted therein contrary to this chapter, without men- 
 tioning the writ for holding the election or the return thereof. 
 
 Limitation of ao 6. ActioDp) undcr this chapter miist be coiaBieiaced witliiri 
 
 tioni. jiu-gg meatls after the.offence. 
 
TITLE n.] 
 
 Chap. 7. Sect. 1—3. 
 
 CHAPTER 7. 
 
 OP THE MANNER OP CONDUCTING ELECTIONS. 
 
 Section 
 
 1. Of electoral districts. 
 
 2. Electors near Windsor or Palmouth where 
 
 to vote. 
 
 3. Writs how transmitted ; their contents. 
 
 4. Sheriff 'b duty on receiving the writ. 
 
 6. County and township elections to toe con- 
 ducted together. 
 
 6. Sheriff's duty on opening his court. 
 
 7. His duty at the court. 
 
 8. Proceedings if candidates' qualification dis- 
 
 puted. 
 Q. If qualification not verified, candidate in- 
 eligible. 
 
 10. No votes receivable luiless candidates' name 
 
 duly entered. 
 
 11. Hours of opening and closing polls. 
 
 12. Booths to be erected. 
 
 13. Appointment of presiding officers, and poll 
 
 clerks. 
 
 14. Sherifi' a presiding officer. 
 
 15. Duty of presiding officer ; his oath -, oath 
 
 of clerk. 
 
 16. Appointment of inspector, agent, clerk for 
 
 candidate ; his oath. 
 
 17. Electors how and where to vote. 
 
 18. Non-<resident township electors where to 
 
 vote. 
 
 19. Non-resident county electors where to vote. 
 
 20. Where district lines in dispute. 
 ' 21. Officers may vote where acting. 
 
 Shotion 
 
 22. Voter's property to be described j manner 
 
 of objecting. 
 
 23. Oaths how administered. 
 
 24. Vote expunged if oath refused. 
 
 25. Manner of voting. 
 
 26. Duty of presiding officer on close of poll. 
 
 27. Duty of clerk on close of poll. 
 
 28. Penalty for misconduct of presiding officer. 
 
 29. Penalty for not returning poll book. 
 
 30. Penalty for poll clerks' misconduct. 
 
 31. Penalty for voting in a wrong district. 
 
 32. Penalty for twice voting or personating 
 
 another. 
 
 33. Sheriffs and presiding officers, conservators 
 
 of the peace. 
 
 34. Poll clerk to act as presiding officer io case 
 
 of death or accident. 
 
 35. Poll clerk's place how supplied in case of 
 
 accident. 
 
 36. Sheriff's duty on reassembling his court ; 
 
 proclamation of candidate. 
 
 37. Penalty for misconduct of sheriff. 
 
 38. Demand of scrutiny. 
 
 39. Procedure where poll books not returned. 
 
 40. Warrant against presiding officer. 
 
 41. Candidate's remedy where aggrieved. 
 
 42. Judgment for penalty how enforced. 
 
 43. Penalties how recovered. 
 
 44. Sheriff's fees and charges. 
 
 45. Meaning of terms. 
 
 1. The electoral districts and polling places shall remain as of electoral dis- 
 now established. *"'^'^- 
 
 2. Electors residing in the vicinity of the townships of Wind- Electors near 
 sor and Falmouth, but not in either township, shall vote for the mou?h°whIrf^o 
 county of Hants, at the court house, in Windsor. ^°'^- 
 
 ' 3. When a new assembly shall be summoned, or more than writa how trans- 
 one vacancy occur at or about the same time, the writs shall be ^nteui 
 so transmitted that the same may be received by the respective 
 sherifife as nearly as may be at the same time. There shall be at 
 least forty days between the teste and return of writs. The writs 
 shall in the body thereof express the day when the sheriff shall 
 hold his court for the commencement of the election, allowance 
 being made for enabling the sheriff to give at least ten days' notice 
 of the election throughout the county or township ; and in cases of 
 general elections, or where more than one writ shall be required to 
 be issued at or about the same time, the day named for holding the 
 sheriff ^s court for commencing the election shall be the same in all 
 the writs. 
 
 2 
 
10 
 
 Chap. 7. Sect. 4—7. 
 
 [part I. 
 
 gether. 
 
 Sheriff's duty on 
 opening his 
 
 ^rece^tag*"^"" 4- '^^^ sheriff shall, immediately on the receipt of a writ, en- 
 wiit. dorse thereon the day of receipt, and shall forthwith cause notice 
 
 in writing, or by printed handbills to be posted in some of the most 
 public places within every district in the county or township for 
 which representatives are to be elected, which notices shall express 
 the day when the sheriff will hold his court at the county court 
 house, for opening the election, being 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 representa- 
 tives to be elected, and for what places in particular under the 
 writs then in the sheriff's hands ; and the poll shall be taken in 
 the week next following that wherein the sheriff's court for open- 
 ing the election shall be appointed to be held, and on the same day 
 of the week as the day appointed for holding such court, 
 'ihip eiecuonrto 5. The elcction for a county, and the townships within it that 
 cether''™"* *°" '"Stum representatives, shall be conducted at the same time ; and 
 the polling for the county and townships shall, within the town- 
 ships, be taken by the same presiding officers and sheriffs' poll 
 clerks, and at the same times and polling places. 
 
 6. On the day appointed for opening the election, the sheriff 
 shall open his court at the county court house, which, in the 
 county of Yarmouth, shall be at the court house in Yarmouth, 
 between the hours of ten and twelve of the clock in the forenoon, 
 and shall read his writs, and shall take the following oath, to be 
 administered by a justice of the peace or any two freeholders of the 
 county then present : 
 
 "I, A. B., do swear that I have not received, and will not re- 
 ceive, 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 pre- 
 siding officer to take the poll, or for appointing any poll clerk, or 
 for making any return at this election ; and that I will make such 
 appointments impartially and faithfully, and will, according to my 
 best judgment, in all things, to be done by me in the election, act 
 impartially and according to the law." 
 
 And the sheriff shall then administer to the clerk whom he shall 
 have appointed to assist him in. the election, an oath for the faithful 
 and impartial discharge of his duty, and shall contihue the court 
 open until four of the clock in the afternoon of that day ; and on 
 the same day, and as soon after four of the clock as the duties re- 
 maining to be performed will permit, shall finally close the court, 
 or adjourn the same to another day, as the case may require. 
 
 7. The sheriff shall, at his court, receive the names of the can- 
 didates proposed. by two freeholders of the county or township pre- 
 viously to four o'clock ; and their names shall be, by the clerk, 
 under the sheriff's direction, entered in the sheriff's poll book, and 
 no candidate's name shall be entered after four o'clock, and at that 
 hour the sheriff shall proclaim the names- of candidates, and shall 
 receive the schedules, ofvaiidadioinister.ttie'.eiiialific^itioii ^oatbs to 
 
 His di4y at the 
 
 COIU'C. 
 
TITLE 11.4' Chap. 7. Sect. 8 — 9. •- H 
 
 candidates- whose quaKfications may be questioned, and who shall 
 not have previously qualified ; and in the case of each eleetion, in 
 respect of which, previously to four o'clock, no more candidates are 
 proposed than are required to be returned, the election shall be 
 forthwith determined, and the sheriff shall declare the candidates 
 proposed and who shall have qualified if thereto required, duly 
 elected members, and shall make retui'h of the writ accordingly; 
 and in cases of elections where opposing candidates shall be pro- 
 posed previously to four o'clock, who shall have quahfied if required 
 as directed by this chapter, and wherein a poU has been demanded, 
 the sheriff shall then grant the poll, and make proclamation of the 
 time and place at which the poll will be taken in the several dis- 
 tricts, conformably with the notices before conditionally given, and 
 shall then adjourn the court as regards the elections in which a 
 poU^ shall be demanded, to some day within five days next after the 
 day fbr taking tie poll, then to be held at the same place. 
 
 8. If, at the court, an elector shall question the quahfication of Proceedings it 
 a candidate, the- can,didate, if present,- shall, before the court is qScatim dis- 
 closed or adjourned, deUver to the sheriff a schedule containing the p"*^*- 
 particulars of his qualification, and, at the foot thereof, subscribe 
 
 the following oath : 
 
 "I, A. B., do swear that I am by law qualified to be elected a 
 member of assembly, and tha,t the foregoing schedule doth contain • 
 
 a full; true, and particular account, to the best of my knowledge 
 and belief, of the property in respect' whereof I claim a right to be 
 elected, and of my title thereto, and that the same hath not been 
 granted or conveyed to me fraudulently on purpose to qualify me 
 to be so elected." 
 
 And if a candidate whose qualification is questioned shall not be 
 present, there shall then be delivered to the sheriff a schedule and 
 deposition in writing in the foregoing form, signed and sworn to 
 by the candidate, or otherwise such schedule signed by an agent 
 appointed by the candidate or by any two electors, and also a depo- 
 sition signed and sworn to by the agent in the following form : 
 
 "I, A. B., do swear that C D., a candidate for the [here insert 
 the county or toicnship] at the present [or approaching} election 
 is, to the best of my belief, qualified to be elected a member of 
 assembly, and that the foregoing schedule doth contain a full, true, 
 and particular account, to the best of my behef, of the property in 
 respect whereof the said C. D. hath a right to be elected, and of 
 his title thereto. And that the same hath not been granted or 
 conveyed to him fraudulently on purpose to qualify him to be so 
 elected, to the best of my belief" The oaths to be administered 
 by a justice of the supreme court, a justice of the peace, or the 
 sheriff. 
 
 9. If the qualification of a candidate, when questioned, shall if qualification 
 not, before the close or adjournment of the court, be specified and dwateineiigiw"! 
 verified as in the precediilg 'section directed, the candidate shall be 
 incapable of being elected ; nor shall his name be entered on the 
 
and closing polls. 
 
 12 Chap. 7. Sect. 10—15. [paet i. 
 
 poll book, or if entered the same shall be expunged at or before 
 the close or adjournment of the court. 
 No ToteB reociv- 10. No presiding ofBcer shall receive, nor shall any poll clerk 
 didlte?' nLS°" record, the name of a person as a candidate, nor shall any vote be 
 duly entered, received for him, unless his name shall have been entered as a can- 
 didate in the sheriff's poll book at the court, and shall not have 
 been expunged ; and votes entered on a poll book contrary to this 
 provision shall, in respect of such person, be expunged and not 
 counted by the sheriff in casting up the votes. 
 Hours of opening 11. When a poll shall have been granted it shaU be opened in 
 """' "' the different districts, at or near the polling place, at eight o'clock 
 in the momiag of the day appointed, and be kept open until five 
 o'clock in the afternoon, when it shall finally close. 
 Booths to be 12. The sheriff shall, prior to the poUing, cause booths to be 
 
 erected. erected, or procure buildings at which the poll may be taken. 
 
 Appointmtat of 13. Whcu a poll has been granted the sheriff shall, by precept 
 md po"uierk"' Under Ms hand, appoint a presiding officer for taking the poll in 
 each district, who shall be then resident within the county and shall 
 have been so for a year then- next preceding, and shall thereby 
 direct the presiding officer at the appointed time and place to take 
 the poll within the district as well for the county as the township, 
 if such district includes any part of a township that is to return a 
 representative ; and the sheriff shall also appoint a poll clerk for 
 . taking the votes under the direction of the presiding officer in each 
 district, and the clerk shall prepare a poll book and enter therein, in 
 separate columns, the names of the candidates for whom totes are to 
 be given within the district ; and the names of the candidates and 
 the necessary information regarding them shall, before the opening 
 of the poll, be furnished by the sheriff to the presiding ofecers, who 
 shall communicate the same to the electors when required ; and the 
 sheriff shall be responsible for the conduct of his presiding officers 
 and poll clerks. 
 sherifTa presiding 14. The sheriff may act as presiding officer in a district with- 
 
 '^' out precept and Avithout taking the presiding officer's oath. 
 
 Duty of presiding 15. The presiding officer shall, at the opening of the poll, read 
 oathT oath of aloud his precept and declare the names of candidates, and whether 
 cisrk. fQj. county or township ; and shall at or before the opening of the 
 
 poll and before receiving a vote, take the following oath : 
 
 "I, A. B., do swear that I have not received any sum of money, 
 office, employment or gratuity, or any bond bill or note, or any 
 promise of gratuity, by myself or another, to my use or advantage, 
 for making any return at this 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 district wherein I preside." 
 
 And the poll clerk shall before or at the opening of the poll take 
 an oath in the same form down to the asterisk with the addition of 
 these words thereafter : " and I will faithfully record the votes 
 received in the district where I act as pQl| clerk." 
 
TiTiiE p,] Ghap, T. Sect. 16—22. 13. 
 
 - The sheriff, a justice of the peace, and, in their absence, any two 
 electors, are authorized and required to administer the oaths. 
 
 16. The presiding officer shall appoint an inspector, an agent, Appointment of 
 and a clerk, when nominated by or on behalf of a candidate, and "iCTTfor' candi- 
 their names shall be immediately entered in the poll book, and the ^^^" ' ^ "'"''■ 
 clerk shall take the following oath to be administered by the pre^ 
 
 siding officer : 
 
 "I, A. B., do swear that I will take this poll fairly and impai-- 
 tially by entering the. names and places of abode of the electors, 
 and the names of the candidates for whom they shall vote ; and 
 also the description they may give of their property and title to 
 vote." 
 
 17. Electors for the county in which they reside shall vote for Hectors how and 
 the county in the electoral district in which they reside. Electors ^^"^ '° ™'^' 
 for the township in which they reside shall vote for the township 
 
 in the electoral district in which they reside. Where a county and 
 to^vnship election shall be held at the same time, electors for both 
 shall give their votes for both at the same time ; and after once 
 polhng any of their votes shall not be permitted to give any remain- 
 ing votes ; and if any such remaining votes shall be entei-ed on the 
 poll book, they shall be expunged by the presiding officer, or, in 
 case of his omission so to do, by the sheriff in casting up the votes. 
 The oath to be taken by the electors in this section mentioned, 
 when required, shall be the first oath in the schedule. 
 
 18. Electors for a township lying in the county in which they Non-resident 
 reside, but in which township they do not reside, shall vote for the lo^wtoe^'tT 
 township in the district in which then* quahfication lies ; and the ™'*- 
 
 oath to be by them taken, when required, shall be the second oath 
 in the schedule. 
 
 19- Electors not resident in the county shall vote in the dis- Non-resident 
 trict.in which their qualification lies; and the oath to be by them wi™e^toTote" 
 taken, when required, shall be the third oath in the schedule. 
 
 20. Votes given in a wrong district shall be struck out of the wiiere district 
 poU book : but where the boundary lines between districts are doubt- ^"^ ™ '^^"'*' 
 fill, the district in which an elector is reputed to reside, or, in case 
 
 of non-resident electors, the district in which his quahfication is 
 reputed to He, shall be held to be the district in which he should 
 vote. 
 
 21. Presiding officers, poll clerks, candidates, and the inspec- omoers may vote 
 tors, agents, and clerks of candidates, may poll all their votes in ^^"'^^ ^'"'^' 
 the district where they are acting ; but the names of inspectors and 
 
 agents must have been previously entered on the poll book as act- 
 ing in the capacity. The oath to be taken, when required by voters 
 under this section, shall be the fourth in the schedule. Presiding 
 officers shall make a special return of votes given under this section 
 for townships in which their districts are not included. 
 
 22. An elector when questioned on behalf of a candidate, voter's property 
 through the presiding officer, shall truly describe the property on ^g^^n^'^o^'ob? ' 
 which he votes, with the annual produce and value he derives .iecting. 
 
14 . Chap.- 7. Sect;^23— 28; [partl' 
 
 therefrom, and his title thereto, and the time of registry of deeds 
 under which he votes, and the description, annual value, title and 
 . registry, shall be entered in the poll book and be conclusive on the 
 elector : and a candidate against whom the vote is given, or liis 
 inspector or agent, may direct the vote to be marked "objected" 
 on the poll book, without requiring the elector to be sworn, or he may 
 mark the vote " objected," and cause the elector to be sworn under 
 the qualification oath applicable, and the oath against fraudulent, 
 conveyances and bribery, being the fifth in the schedule, or either 
 of them. 
 Oaths how admin- 23. The presiding ofiicer shall administer the oaths to be taken 
 
 istered. ^^^ elcCtOrS. 
 
 Vote expunged if 24. If an clcctor, when required, shall not take the oaths pre- 
 
 oath refused, gcribed, his vote shall be expunged. 
 
 Manner of voting. 25. The presiding officer shall prevent unnecessary delay in 
 poUing, and no person shall be permitted to interrupt the polling 
 by addressing the freeholders, or otherwise ; and, for avoiding need- 
 less and factious questioning of voters, the elector shall immediately 
 state for whom he votes ; and thereupon, the candidate against 
 whom he votes, or his inspector or agent, may require the presiding 
 ofiicer to put such necessary and pertinent questions as may be 
 proper for ascertaining the elector's right to vote, and the presiding 
 officer shall allow no other (juestions to be put, nor shall any ques- 
 tions be put, except through him, nor shall he permit the time to 
 be unnecessarily protracted on pretence of questioning a voter, and 
 the presiding officer shall promptly put the questions, and the poll 
 clerk shall instantly enter in the poll book the purport of the an- 
 swers, and read the same aloud to the voter. If the elector shall 
 not promptly answer the questions his vote shall be expunged, and 
 he shall not be allowed to poll again. 
 
 Duty of presiding 26. The presiding officer, after the close of the poll, and before 
 
 ofpoii.°°'^'°^°°'™^ki'^g return to his precept, shall subscribe in the poll book the 
 following oath, to be administered by a justice of the peace or two 
 freeholders of the district : 
 
 " I, A . B. , presiding officer for the district of in the county 
 
 of do swear that the poll clerks were duly sworn, and that 
 
 to the best of my belief this poll book was truly and correctly taken 
 under my direction, and contains a true and correct statement of 
 the votes taken at the poll for the district held in pursuance of the 
 
 sherifi"'s precept to me directed, and tested the day of 
 
 in the year of our Lord one thousand eight hundred and . 
 
 puty of cierit on 27. The poll clerk, after the presiding officer shall have taken 
 
 close of pou. ^jjg Q^^jj -jj ^j^g preceding section, shall enclose and seal the poll 
 
 book, and deliver it to the presiding officer, at the poll, who shall 
 
 give a receipt therefor, and shall forthwith return the same, so 
 
 sealed, with his receipt, to the sheriff'. 
 
 Penalty for mis- 28. If a presiding officer shall not, when required, administer 
 
 ding'offlceir^''" *^^ oaths to an elector in a competent state of mind to take them, 
 
 or shall allow any person to interfere, or put questions to voters. 
 
TITLE II.] Chap. 7. Sect. 29—83. 15 
 
 by which time is taken 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 oifend in the premises, he shall forfeit 
 ten pounds for every offence. 
 
 29. If a presiding officer shall not, before the opening of the Penalty tor not 
 sheriff's court on the day to which the same was adjourned, return book. 
 
 the poll book and 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 fifty pounds, 
 and the further sum of five pounds for every day's neglect to re- 
 turn the poll book. 
 
 30. If a poll clerk shall offend in the premises he shall forfeit Penalty for poii 
 
 T (, pf. ^ Clerks' miscon- 
 
 ten pounds lor every oflenee. duct. 
 
 31. If any elector shall knowingly vote in a wrong district, he Penalty for voting 
 shall for every offence forfeit five pounds. l^iet """"^ '"'" 
 
 32. If a person shall rote more than once at the same election Penalty for twice 
 for the same county or township, or shall vote under a false name, ™iJt?ng' an-"^' 
 or shall personate and vote in the name of another, or not being other. 
 qualified to vote shall knowingly vote, he shall for every offence 
 
 forfeit twenty pounds. 
 
 33. The sheriff at his courts, and the presiding officers at their ^^^J^^ ''"meiT 
 polhng places, shall be, during the day on which the election or conserrators of 
 polling may be prosecuted, conservators of the peace, and vested ^ ^'^'^''^' 
 with the same powers for the preservation of the peace and the ap- 
 prehension and committal for trial or holding to bail, or trying and 
 convicting violators of the law and good order, as are vested in jus- 
 tices of the peace ; and for the purpose of preserving peace and 
 
 good order at the election or polling, the sheriff or presiding officer 
 may require the assistance of all persons present to assist him, and 
 may commit any persons for breach of the peace violating or 
 threatening electors at, or coming to, or returning from, the elec- 
 tion or polhng, or for any violation of good order, to the custody of 
 any person on view, for any time not exceeding twelve hours, or 
 may, by a writing under his hand, commit to prison for a like 
 offence for a period not extending beyond the second day there- 
 after, and, at the expiration thereof, may cause the offender to be 
 brought before a justice of the peace, who shall inquire into the 
 matter, and may fine the offender in a sum not exceeding forty 
 shilhngs 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 a misdemeanor ; and justices residing in the district, upon being 
 notified in writing by the sheriff or presiding officer, shall attend to 
 aid in preserving peace and order ; and the justices, sherifi", and 
 presiding officers may, when considered necessary, swear in special 
 constables to act as peace officers, and assist in maintaining peaG« 
 and order ; and upon the written application of a candidate or his 
 agent, or two electors, the sheriff or presiding officer shall swear in 
 such special constables as may be requisite. 
 
16 Chap. 7. Sect. 34— 37. [paet i. 
 
 ^al'preaidtog offl- ^- ^^ ^ presiding officer, before the termination of the poll, 
 del ir "''^^ °' ®^^"^^ *^^®' °'* ^^ incapable of performing, or shall not perform, his 
 dent. duty, the poll clerk shall act in his stead and perform 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 
 clerks, and they shall have the same powers and be liable to the 
 same penalties in their new capacities as if originally appointed. 
 
 ^h"w°'"''' He'd''"' ^^' ^^ ^ P°^^ "^^^""^ ®^^^^' ^®f°^^ ^^^ termination of the poll, die 
 case of accident. Or be incapable of performing, or shall not perform, his duty, the 
 presiding officer shall appoint another poll clerk to act in his stead ; 
 and the new poll clerk, before entering on his duties, shaU take, iu 
 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 appointed poll clerk. 
 *J;Sfembungh°3 36. The sheriff shall keep the poll books unopened until the 
 court i piocia- reassembling of his court on the day to which the same shall have 
 date. been adjourned, and then he shall openly break the seals thereon, 
 
 and cast up the votes as they appear on the poll books, adding 
 those on the special returns, and shall then openly declare the state 
 of the poll ; and if within one hour thereafter no objection shall be 
 made on the ground of persons having voted in a wrong district, 
 or more than once, as hereinbefore mentioned, he shall forthwith 
 thereafter proclaim the candidates having the majority of votes as 
 duly elected members, and make return accordingly ; but if a can- 
 didate or three freeholders for the county or township shall, within 
 the hour, make objection that a person has polled in a wrong dis- 
 trict, or more than once, contrary to the provisions of this chapter, 
 and shall require the sheriff to investigate the objection, the sheriff 
 shall not then proclaim the member chosen, but shall adjourn to 
 the next day but one thereafter, at ten o'clock in the forenoon, at 
 the same place, and shall then and there proceed and continue from 
 day to day to hear evidence for or against the objections, and if it 
 shall thereupon clearly appear that a voter has been polled in a 
 wrong district, or more than once, contrary to the provisions of 
 this chapter, the sheriff shall expunge his vote from the poll book, 
 and shall • forthwith thereafter, having ascertained the corrected 
 numbers of votes, proclaim the candidates having then the majority 
 of votes as duly elected members, and shall return the evidence 
 given on the investigation, with his writ, to be laid before the house 
 of assembly, but no decision of the sheriff on the investigation shall 
 conclude any candidate or freeholder who may petition the house 
 thereon either with, or without the prosecution of a general scrutiny. 
 Witnesses on the investigation shall be sworn by the sheriff. 
 ^co°nd!fct'of "^^ 3'^- ^f * sheriff shall falsely and wilfully expunge a vote from 
 sheriff. the poU book, or wilfully return any person as duly elected who 
 
 shall not have the majority of votes on the poll book, or shall wil- 
 fully be guilty of a violation of this chapter, he shall forfeit two 
 hundred pounds. ' 
 
'WTLE.-ii.] Chap. 7. Sect. 38—43. 17 
 
 38. If at the final declaring of the election, a candidate, or his Demand of scru- 
 agent, shall publicly demand a scrutiny, the sheriiF shall imme- "°^' 
 diately ^ve notice that on the day next following he will attend at 
 
 a central and. convenient place in the county or township, to be 
 then named, and at an appointed hour to proceed in the scrutiny. 
 
 39. When any of the precepts for taking the poll shall not be Procedure where 
 returned at the time to which the sheriff's court was adjourned, the returned.' "° 
 sheriff shall not examine the returns made, but shall further ad- 
 journ, the court to the following day, and so from day to day until 
 
 the precepts and poll books shall have been all returned, and in 
 making such adjournment the sheriff shall publicly declare the 
 reason, and' he shall in no case continue the adjournment if the 
 house of assembly be in session, or to so late a day as shall inter- 
 fere with the return of his writ in time for the then next session ; 
 but he shall in such cases complete the election and return his writ 
 notwithstanding the deficiency of returns, and he shall in his re- 
 turn mention the deficiencies. 
 
 40/ If a presiding ofScer shall not have returned his precept wmant against " 
 and poll book at the proper time, the sheriff or a candidate, or a ''^'^'' "° 
 freeholder, may make complaint thereof on oath before a justice of 
 the peace, who shall summon the presiding officer to answer the 
 same ; and if he shall not appear and shew good cause for the de- 
 lay, the justice shall, by warrant, commit him to jail until he shall ■ 
 make due return of his precept and proceedings thereon, together 
 with his poll book. 
 
 41. A candidate against whom a vote shall be wrongfully candidate's re- 
 polled, or against whom, or to the prejudice, or with the intent to "g^^iLve'd."^ 
 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 incuiTed by the candidate about 
 the prosecution, shall be paid to the overseers of the poor for the 
 place where the offence was committed, for the use of the poor 
 therof. If no prosecution shall be pending, or have been prose- 
 cuted to final judgment, then any person may prosecute for the 
 penalty at any time after the expiration of the six months and be- 
 fore the expiration of twelve months from the commission of the 
 offence. 
 
 42., Judgments for penalties under this chapter shall be levied judgment for 
 with costs on the goods or lands of the defendant, and for want |,™|df '""" 
 thereof, or of payment by the defendant, may be levied on his 
 body, and the defendant shall thereupon be committed to jail, there 
 to remain- until the judgment be paid, or until he shall have con- 
 tinued in jail for a period proportioned to the amount of the penalty, 
 that is to say : one week for every pound thereof, but such impri- 
 sonment shall in no case exceed three months. 
 
 43. Penalties imposed by this chapter shall be recovered with penalties how 
 costs a8-Mo-w» : when the penalty shall not exceed twenty pounds, "'^""■^'^'i- 
 
 3 
 
18 Chap. 7. SiCi. 44—45. 
 
 it shall be recovered in a summary manner before two justices of 
 the county, from whose judgment either party may appeal to the 
 supreme court on giving good security as follows : in the case of 
 the plaintiff for payment of the defendant's costs, and in case of 
 the defendant for payment of the penalty and costs if judgment 
 shall be given against the appellant; and the supreme court shall 
 try the same, and give judgment in manner practised in summary 
 causes. When the penalty shall exceed twenty pounds, the same 
 shall be recoverable by action of debt in the supreme court, in 
 which action it shall suffice for the plaintiff to set forth in his de- 
 claration that the defendant is indebted to him in the amount of 
 the penalty sought to be recovered, and to allege the particular 
 offence for which the action is brought, and that the defendant 
 hath therein acted contrary to this chapter, without mentioning the 
 writ for holding the election, or the return thereof; and on the 
 trial parol proof of the election shall be sufficient prima fade 
 evidence without producing the writ. 
 Sberifl'6 fees and 44. On the retum of a writ the sheriff shall be entitled to re- 
 **^^^'' ceive from the provincial treasury thirty shillings for every member 
 
 returned. Where there is no contest he shall be entitled to ten shil- 
 lings from every candidate. And where there shall be a contest 
 and a poll demanded, twenty shillings from every candidate instead 
 of ten shillings. And further, where there shall be a contest there 
 shall be paid to the sheriff by the candidates, in just proportions, 
 according to the number of the polhng places in which each candi- 
 date is interested, the following sums : twenty shillings for pro- 
 viding a booth or polhng place for each district, except where the 
 polhng place shall be a pubhc building that can be had without 
 charge, twenty shilhngs for every presiding officer, and ten shil- 
 lings for every poll clerk, to include their travelhng fees, and the 
 fees shall be paid to the sheriff on the day of opening his court for 
 commencing the election ; and the name of no candidate shall be 
 entered on the sheriff's poll book, or returned to presiding officers, 
 who shall not have paid or tendered the sheriff the full amount due 
 from him^under this section before the adjournment of the courton 
 that day. 
 MeimiBjoftenna. 45. The word " sheriff" herein shall mean sheriff, under she- 
 riff, or deputy sheriff; " presiding officer" shall mean the person 
 presiding to take the poll ; " district" shall mean electoral district ; 
 and " election" the election of members to serVe in general assem- 
 bly where the sense requires such constructions. 
 
 Schedule. — Elector's oaths. 
 
 1. You, A. B., do swear that you are by law quahfied to vote 
 
 for this election for the county of and for the township of 
 
 ' respectively, [or for one of them, as the case may be,] in 
 
 right of the property and title which have now been taken down in 
 the poll book, and read to you ; and that you have not been polled nor 
 have given a vote for any candidate at this election withia this dis- 
 
HSS^ti] ■ Chap. 1. 19 
 
 trict, or aoy other district, and that the place of your ahode is at 
 
 in the [town, district, or settlement, as the case may be,] 
 
 of aad is, according to the best of your knowledge and 
 
 behef, within this electoral ojstrict. 
 
 2. You, A. B., do swear that you are by law qualified to vote 
 
 for this election for the township of in right of the property 
 
 and title which have now been taken down in the poll book, and 
 read to you; and that according to your best belief the said 
 property lies in this electoral district, and that you have not been 
 polled, nor have given a vote, for amy candidate at this township elec- 
 tion, either in this district or any other district, and that the place of 
 your abode is within this county, but is not within the said town- 
 ship of ^ — . 
 
 3. You, A. B., do swear that you are by law qualified to vote 
 
 at this election for the county of and for the township of 
 
 respectively, [or for one of them, as the case may be,] in 
 
 right of the property and title which have now been taken down in 
 the poll book, and read to you ; and that, according to your best 
 knowledge and behef, the said property hes in this electoral district ; 
 and that you have not been polled, nor have given a vote, for any 
 candidate at this election, either in this district or any other district, 
 and that the place of your abode is not within this county of . 
 
 4. You, A. B., do swear that you are by law qualified to vote 
 
 for this election for the county of and for the township of 
 
 respectively, [or for one of them,, as the case m/iy he,] in 
 
 right of the property and title which have now been taken down in 
 the poll book, and read to you ; and that you have not been polled, 
 nor have given a vote, for any candidate at this election, within this 
 district or any other district, and that the place of your abode is 
 
 at — [in the township, district or settlement, as the case 
 
 Tnay he,] of . 
 
 5. You, A. B., do swear that the property in respect whereof 
 you do claim a right to give your vote at this election for the 
 
 county of , and for the township of , or for either of 
 
 them, [or for the county of or for the township of 
 
 as the case may be,] hath not been granted or conveyed to you 
 fraudulently on purpose to qualify you to give such vote, and that 
 you have not received or had by yourself, or any person whom- 
 soever in trust for you, or for your use and benefit, directly or 
 indirectly, any sum of money, office, place, employment, gift or 
 reward, nor any promise or security for any money, office, place, 
 employment or gift, in order to give your vote at this election, and 
 that you have not before been polled, nor have given a vote, for 
 any candidate at this election, and that your place of residence is 
 at , 
 
20 
 
 Chap. 8: Sbct. 1—8. 
 
 E?^^ -*■ 
 
 CHAPTER 8. 
 
 OF SCBfrlNIBS. 
 
 Sectios 
 
 1. Sheriff's duty when scrutiny persisted in. 
 
 2. Oath of sheriff's assistants. 
 
 3. Clerli'soath. 
 
 4. Appointment of time and place for scrutiny. 
 
 5. Continuation of scrutiny. 
 
 6. Evidence how received, or rejected 
 
 7. Butyofclerlt. 
 
 8. Votes marked objected may toe scrutinized. 
 
 9. Votes polled in a wrong district. 
 
 10. Competency of witnesses. 
 
 11. Witnesses how sworn. 
 
 12. Of protests concerning evidence. 
 
 13. "When deputy sheriff may hold scmtiny. 
 
 SfiCTIpS 
 
 14. If assistant shall not attend another to be 
 
 appointed. 
 
 15. If clerk shall n6t attend another to be ap- 
 
 pointed. 
 
 16. Sheriff to return proceedings to the assem- 
 
 bly. 
 I'T. Sheriff's fees on scrutiny. 
 
 18. Clerks' fees toy whom paid. 
 
 19. Candidate entitled to copies of minutes. 
 
 20. Manner of recovering expenses where scru- 
 
 tiny abandoned. 
 
 21. Penalty on sheriff for misconduct. 
 
 Sheriff's duty 
 when scrutiny 
 persisted in. 
 
 Oath of sheriff's 
 assistants. 
 
 Clerk's oath. 
 
 Appointment of 
 time and place 
 for scrutiny. 
 
 Continuation of 
 scrutiny. 
 
 Evidence how re- 
 ceived, or reject- 
 ed. 
 
 Duty of clerk. 
 
 Votes marked ob- 
 jected may be 
 scrutinized. 
 
 1. When a scrutiny shall be persisted in the sheriff shall attend 
 at the appointed time and place with a clerk, and every candidate 
 desiring to proceed in the scrutiny shall then, by himself or his 
 agent, name a freeholder as sheriff's assistant. 
 
 2. The sheriff and his assistants shall then take an oath in the 
 following form : 
 
 " I, A. B., do swear that I will act impartially in the holding of 
 this scrutiny." 
 
 The oath to be administered to the sheriff by a justice of the 
 peace, and to the assistants by the sheriff. 
 
 3. The clerk shall take an oath in the following form : 
 
 "I, A. B., do swear that I will faithfully perform my duty at 
 this scrutiny." 
 
 The oath to be administered by the sheriff. 
 
 4. The sheriff and assistants, after the oaths have been admin- 
 istered, shall appoint a time and place for proceeding with the 
 scrutiny ; the time not to be less than three days, nor more than 
 seven clays thereafter. 
 
 5. The sheriff and his assistants and clerk shall, at the time 
 and place appointed, proceed with the scrutiny, and shall continue 
 the same from day to day so long as any party shall tender evi- 
 dence. 
 
 6. The sheriff and his assistants shall determine upon the re- 
 ception or rejection of evidence, and shall have each one voice 
 therein, and where equally divided, the sheriff shall have an addi- 
 tional casting voice. 
 
 7. The clerk shall take down in writing and engross the en- 
 dcnce received, and shall minute and keep with the testimony, 
 papers received. 
 
 8. No vote shall be scrutinized which shall not have been marked 
 objected on the sheriff's poll book. 
 
3fifiiEil.] Ob&v. 8'. SEct. 9—21. 21 
 
 9. The circumstance of an investigation having been had on votes pouea m a 
 the ground of a voter having been polled in a wrong' district, or '^t^k district. 
 more than once, shall not prevent its being scrutinized on other 
 
 grounds if marked objected. 
 
 10. No person shall be a witness touching his own vote. ^wanes'TeT"' 
 
 11. Witnesses shall be sworn by the sheriff. . witnesses how' 
 
 ■in T* ■ .. ' ' T r> ' sworn. 
 
 Iz. rrotests m writmg may, at or before the close of the scru- of protests con- 
 tiny, be filed on behalf of any candidate proceeding in the scrutiny ™™"^'''" ^^'^°' 
 in respect of the reception or rejection of evidence ; such protests 
 to set out specifically the e^'idence received or rejected, and the 
 reasons for the dissatisfaction with the decision in reference thereto. 
 
 13. If the sheriff sliall be unable personally to hold the scru- when deputy 
 tiny, the deputy sheriff, or other person specially deputed by the Borutto"^'' '"'''' 
 sheriff, shall hold the same in the manner, and with the rights, and 
 
 subject to the provisions, as the sheriff if present. 
 
 14. If a sheriff's assistant shall not attend throughout the scru- if assistant shaii 
 tiny, another freeholder nominated on behalf of the candidate by °hertob"ap-"°' 
 whom the assistant shall have been chosen, shall be sworn, and act f"'"'*"^- 
 
 in his place in like manner. 
 
 15. If the clerk shall, at any time, not attend, another shall n cierk shaii not 
 be appointed by the sheriff in his place, and be sworn, and act in to be appointed. 
 like manner, and have the same rights. 
 
 16. The sheriff shall return to the house of assembly the sheriff to return 
 engrossed copy of evidence and proceedings held at the scrutiny, 'he aslemWy!" 
 with a certificate annexed under his hand and the hand of his clerk, 
 
 and also the original papers received at the scrutiny. 
 
 17. The sheriff shall be entitled to receive ten shillings for ^^^^^"^ '^** ™ 
 every day he shall be actually engaged in holding the scrutiny 
 
 from every candidate proceeding therein. 
 
 18. The clerk shall be entitled to receive six pence per folio cierk's fees by 
 for the original minutes, and three pence per folio for the copy for '" °" ''*' ' 
 the assembly : the amount to be paid in equal proportions by the 
 candidates proceeding in the scrutiny. 
 
 19. Every candidate proceeding in the scrutiny shall be enti- Candidate enti- 
 
 ■ •' P t'', !• ■ n ^ • "'^'' '° copies of 
 
 tied to receive from the clerk a fair copy of the minutes, vipon pay- minutes, 
 ing therefor three pence per folio. 
 
 20. If a candidate who demanded the scrutiny shall, after ap- Manner of rocov- 
 pointing his assistant, abandon the same, or, having gone through whefe'scSutiny 
 the scrutiny, shall not petition the house of assembly against the ^''™'*°'"='^- 
 electron, and enter into the requisite recognizance and proceed in 
 
 the investigation, the opposing candidate at the scrutiny may, after 
 demand made, recover from him, by action in the supreme court for 
 money paid, the expenses incurred for sheriff's and clerk's fees at 
 the scrutiny, and for the engrossing of papers and necessary attend- 
 ance of witnesses thereat ; the expenses to be first taxed, and the 
 just amount thereof determined on proof on affidavit, by a judge of 
 the supreme court after reasonable notice to the opposite party, 
 according to the rates estabhshed in the supreme court. 
 
 21. If a sheriff shall wilfully be guilty of a violation of this ^™''"y ™ ?™f 
 
 1 1 T IT n /• ■ 1 11-1 for misconduct. 
 
 chapter, he shall forfeit two hundred pounds. 
 
22 
 
 Chap.' 9. Sect. 1—2. 
 
 [PAET t 
 
 CHAPTER §. 
 
 OP OONTBOVEEIBD ELECTIONS. 
 
 Seciiom 
 
 1. QualiScatbns of members ; oath. 
 
 2. Proceedings on petition against a return. 
 
 5. KoGOgnizance required. 
 
 4. Proceedings on undefended return. 
 
 6. Proceedings at the time, for considering 
 
 T)etition. 
 0. Committee how drawn. 
 
 7. Names of members voting at election, or 
 
 petitioned against, to be set aside. 
 
 8. Members how and when excused. 
 
 0. Members sei-vlng on a committee to be ex- 
 cused. 
 
 10. When members excused other names to be 
 
 drawn. 
 
 11. Committee how struck j to be sworn j how 
 
 adjourned. 
 
 12. Committee how appointed and struck in 
 
 undefended cases. 
 1-3. Chairman how selected. 
 14. Powers and duty of committee. 
 
 SZCTIOS 
 
 15. Committee may report specially. 
 
 16. Conunittco-man absenting himself. 
 
 17. Where committee reduced to less than firs. 
 
 18. Disobodience to sumnions of committee. 
 
 19. Their power and discretion in certain cases. 
 
 20. A majority of voices shall decide. 
 
 21. Oaths how administered. 
 
 23. Effect of prorogation while a committao 
 
 sitting. 
 23. Committee to report whether the potitioa 
 
 was frivolous. 
 21. If a petition reported irivoloUB expenses re- 
 
 coverable. 
 
 25. If opposition to a petition reported frivolona 
 
 expences recovei-able. 
 
 26. Expences how taxei. 
 
 27. Expences how recovered. 
 
 23. A party paying may recover a rateable con.- 
 
 tribution. 
 23. E.xplanation of the word sitting-member. 
 
 Qualifications of 
 members ; oath. 
 
 1. Every member, before he assumes liis seat or shall presume 
 to vote in the house of assembly, if required by order of the house, 
 shall deliver to the clerk a schedule containing the particulars of 
 his quahfication, and at the foot thereof shall subscribe the following 
 oath, to be -administered by the clerk : 
 
 "I, A. B., do swear that I am by law qualified to be elected for 
 the house of assembly, and that the foregoing schedule doth contain 
 a full, true, and particular account, to the best of my knowledge 
 and belief, of the property in respect whereof I claim a right to be 
 elected, and of my title thereto, and that the same hath not been 
 conveyed or granted to me fraudulently on purpose to quahfy me 
 to be so elected." 
 
 And he shall also deliver to the clerk the title deeds or papers 
 under which he claims title to the property in the schedule, or at- 
 tested copies thereof 
 
 2. When a petition complaining of an undue election, or return 
 aretur"n.^^°''°^' of a member to serve in the house of assembly, shall be presented 
 
 to the house, a day and hour shall be apppointed by the house for 
 taking the same into consideration, and notice in writing shall be 
 forthwith given by the speaker to the petitioner and the sitting 
 member, or their agents, accompanied with an order to them to 
 attend the house at the time appointed, by themselves, their coun- 
 sel, or agents, and if at the time appointed none of the petitioners 
 shall appear, either personally, or by counsel, or agent, the order 
 for taking the petition into consideration shall be discharged, aud 
 
 Proceedings on 
 
TITLE II.] Chap. 9. Sect. 3—7. 23 
 
 the petition shall not he further proceeded in. No such petition 
 shall he received after fourteen days shall have elapsed from the 
 time that the member whose return is complained of shall have 
 taken his seat. 
 
 3. No proceeding shall be had on a petition unless at or before Eecogntonce ro- 
 the time appointed for consideration thereof at least one of the peti- '^™^*'^' 
 tioners shall enter into a recognizance to her majesty, with sureties, 
 
 in the sum of two hundred pounds, for the payment of the costs 
 and expenses that may become payable by the petitioners, under 
 any report of committee on the petition : the recognizance, in case 
 of non-payment, to be estreated for the benefit of the parties enti- 
 tled to the costs and expenses. 
 
 4. If before the day appointed for considering the petition the Proceedings on 
 member whose return is complained of shall die, or accept the J'^'^'f™'^^^ ■■*■ 
 office of legislative councillor, or declare, under his hand, his inten- 
 tion not to defend his return, the speaker shall give notice thereof 
 
 in writing to the sheriff of the county where the election was had, 
 and shall also notify the same in two public newspapers, so that 
 any of the freeeholders of the county or township for which the 
 member was returned may, if they think fit, petition the house to 
 be admitted as parties in the room of the member, and they shall 
 thereupon be so admitted as parties, and stand, as respects the con- 
 troversy, in the place of the sitting member. 
 
 5. At the time appointed for considering the petition, and pre- Proceedings at 
 vious to reading the order of the day therefor, the speaker shall sidering the p°^ 
 direct the sergeant-at-arms to go to the places adjacent and require "''™- 
 
 the immediate attendance of members on the business of the house ; 
 and after his return the house shall be counted, and if there are 
 less than thirty-three members present the order shall be adjourn- 
 ed to a particular hour on the following day, when the house shall 
 proceed in the same manner, and so, from day to day, until there 
 shall be in attendance thirty-three members at the reading of the 
 order. 
 
 6. When thirty-three members shall be present, the petition- conunittee how 
 ers, their counsel or agents, and the counsel or agents of the sit- ^'°'"^"' 
 ting member, shall be ordered to attend at the bar, and then the 
 
 door of the house shall be locked, and no m.ember shall be suffered 
 to enter into or depart from the house until the drawing shall be 
 completed. The order of the day shall then be read, and the 
 names of the members written on distinct pieces of paper, and, as 
 nearly as may be, of equal size, and rolled up in the same manner, 
 shall be equally divided, and put into two several boxes placed on 
 the table, and shall be shaken together, and the clerk shall pub- 
 licly draw out of the boxes alternately the pieces of paper and de- 
 liver them to the speaker to be read to the house until fifteen 
 names of members then present be drawn. 
 
 7. If the name of a member who shall have voted at the election Names of mem- 
 oomplained of, or against whose return a petition shall be depend- deouon,'"? ^u- 
 ipg shall be drawn, it shall be set aside. '^",^ S|,^°"' " 
 
u 
 
 Chap. 9. Sect. 8—14. 
 
 [part 11 
 
 Members how 
 and when excu- 
 sed. 
 
 Members serving 
 on a committee 
 to be excused. 
 
 When members 
 excused other 
 names to be 
 drawn. 
 
 Cotmnittee how 
 stnack ; to be 
 sworn J how ad- 
 journed. 
 
 Committee how 
 appointed and 
 struck in unde- 
 fended cases. 
 
 Chairman how 
 selected. 
 
 Powers and duty 
 of committee. 
 
 8. If a member drawn shall verify, on oath, an excuse, the 
 substance thereof shall be taken down by the clerk, in order that 
 the same may afterwards be entered On the journals, and the 
 opinion of the house shall be taken thereon, and if they shall re- 
 solve that the member is unable to serve, or cannot, without great 
 detriment, serve on the committee, he shall be excused therefrom. 
 
 9. If the name of a member then serving on one election com- 
 mittee be drawn, he shall be excused from serving on a second. 
 
 10. When members are set aside or excused, others shall be 
 drawn in their place, who may in like manner be set aside or 
 excused and others drawn in their place until the whole number 
 of fifteen members not hable to be set aside or excused shall be 
 complete, 
 
 11. When the drawing shall be completed the door of the house 
 shall be unlocked, and lists of the fifteen members shall be given- 
 to each party, and they shall immediately retire "with the clerk or 
 his assistant, and each party, his counsel or agent, beginning on 
 the part of the petitioners, shall alternately strike ofi' one of the 
 fifteen members until the number shall be reduced to seven ; and- 
 the clerk or assistant, within one hour at farthest from the time of 
 the lists being given, shall dehver into the house the names of the 
 seven members then remaining. And the seven members shall be 
 sworn at the table ' ' well and truly to try the matter of the petition 
 referred to them, and a true judgment to give according to the 
 evidence," and shall be a committee to determine the election ; 
 and the house shall by order direct them to meet at a certain time, 
 and the place of their meeting shall be in a committee room of the 
 house, and they shall sit every day, and shall not adjourn for more 
 than a day without leave of the house, ujDon special cause assigned. 
 
 12. If at the time appointed for considering the petition the 
 sitting member shall not appear by loimself, or his counsel or agent, 
 the committee shall be appointed as follows : the names of fifteen 
 members shall be draAvn in manner hereinbefore prescribed, but in 
 reducing the lists the clerk or clerk's assistant shall stand in the 
 place of the sitting member ; and the same method of reducing the 
 number shall be followed whenever a party waives his right of strik- 
 ing ofi" names. 
 
 13. The committee shall, on meeting, select a chairman, and if 
 in the selection the voices are equal, the member whose name was 
 first drawn in the house shall have an additional casting vote ; and 
 the same course shall be pursu.ed, if necesary, to elect a new chair- 
 man, on the death or necessary absence of the previous chairman. 
 
 14. The committee shall have power to send for persons and 
 papers, and shall examine witnesses on oath, and shall consider 
 evidence and proceedings duly had on a scrutiny, and referred to 
 them by the house, and may admit additional evidence sworn to be 
 material, and which in their judgment ought to be received ; and 
 shall determine whether the petitioner or the sitting member, or 
 either of them, is duly returned or elected, or -ffhether the electioji. 
 
.TITLE II.] CiiAp;9. Sect. 15— 24. 25 
 
 is void, or whether a new writ ought to issue ; and their determi- 
 nation shall be final, and the house on being informed thereof by 
 the chairman of the committee, shall order the same to be entered 
 on the journals, and give the necessary directions for carrying the 
 determination of the committee into execution. 
 
 15. If the committee shall come to any resolution other than Committee may 
 the determination above mentioned, they may report the same to '^^''°" '''^*^""'^- 
 the house for their opinion, and the house may confirm or disagree 
 
 mth the resolution, and make order thereon as they may think 
 proper. 
 
 16. No member of the committee shall absent himself there- Committee-man 
 from without leave of the house, and the chairman shall report the seu™""^ '""" 
 name of a member so absenting himself, who shall, for his neg- 
 lect, be punished or censured at the discretion of the house; and 
 
 the committee shall never proceed unless five members are pre- 
 sent. 
 
 IT. If the members of the committee shall be unavoidably re- -nrhcre committee 
 duced to less than five, and shall so continue for three davs, the 'educed to less 
 
 V ' than five. 
 
 committee shall be dissolved and another chosen in like manner ; 
 but the evidence already taken shall be considered by the new 
 committee. 
 
 18. If persons summoned by the committee shall disobey the DiMbedience to 
 summons, or if witnesses before the committee shall prevaricate or cZmfttee?' 
 misbehave in giving or refusing to give evidence, the chairman 
 
 may, by direction of the committee, report the same to the house 
 for the interposition of their authority or censure. 
 
 19. When the committee shall think it necessary to deliberate Their power and 
 among themselves, they may, after hearing the evidence and coun- cerSc^Ts. 
 sel on both sides, direct the room to be cleared. 
 
 20. Decisions of the committee shall be made by a majority of a majority of 
 voices, and if the voices be equal,' including the chairman, he shall ™°'^ ^''^'' **" 
 have an additional casting vote. 
 
 21. The oaths by this chapter directed to be taken in the o»*' '"'w admi- 
 house shall be administered by the clerk or his assistant, and those 
 
 before the committee by the chairman. 
 
 22. If the general assembly shall be prorogued while a com- Effect of proroga- 
 mittee shall be sitting, the committee shall not be dissolved, but m°ttre'"sitt'ing.°" 
 shall be thereby adjourned to twelve o'clock on the fourth day fol- 
 lowing that on which the assembly shall meet again in session, and 
 
 the former proceedings, of the committee shall remain in force, and 
 the committee shall meet at the time to which it shall be so ad- 
 journed, and continue to act as if there had been no prorogation. 
 
 23. The committee when they report their final determination committee to re- 
 to the house, shall also report whether the petition did or did not ^etmontas fti-° 
 appear to them frivolous or vexatious, and also whether the opposi- ^i""'- 
 
 tion thei^eto did or did iiot appear to them frivolous or vexatious. 
 
 24. When a petition shall be reported frivolous or vexatious, if a petition re- 
 the sitting member shall be entitled to recover from the petitioners^ Spe^se"mw- 
 or any of them, the expenses of opposing the same. *™"'- 
 
 4 
 
26 
 
 Cbap.IO. Seci 1— -2. 
 
 (PAET I. 
 
 If opposition to a 
 petition reported 
 frivolous expen- 
 ses recoverable. 
 
 Expenses how 
 taxed. 
 
 Expenses how 
 recovered. 
 
 A party paying 
 may recover a 
 rateable contri- 
 bution. 
 
 Explanation of 
 the word sitting 
 member. 
 
 25. "WTien the opj3.Qsitif)n to a petition ^all be vepceetei. frivo- 
 lous or vexatious, tiie petitioners shall he eatMed to recover frcan 
 the sitting member the es^nses of prosecuting such petition. 
 
 26. The expenses of proseeoting or qjpoaing a jietition shall 
 include witnesses' fees as well as other costs and expenses,' and 
 shall be ascertained as follows : — The speaks, on application, shall 
 direct them to be taxed by the ckrk af the house and a master in 
 chancery, who shall tax tiie same and r^iort the amount to the 
 speaker, who, on the approval of the house, or of such part thereof 
 as the house may allow, shall, on application, dehver to the paa?ties 
 a certificate under his hand expressing the amount of ike expenses 
 allowed ; and the persons appointed to tax the expenses and repoart 
 the amount shall be entitled to such fees, to be paid by the parties 
 for whom the bill is taxed, and included titerem, as may be fixed 
 by resolution of tlie house. 
 
 27. The parties entitled to expenses, or their representatrfes, 
 may demand the amount certified from any ©f the persons liable 
 therefor, and on non-payment may recover the same by action of 
 debt in the supreme court, wherdn it shall be sufficient &a- tiie 
 plaintifiFs to declare that tiie defendai^ts are indebted to them in the 
 amount certified by virtue of this chapter; and the certificate 
 signed by the speaker shall have the effect sf a warrant to confess 
 judgment, and the court shall on motion, and the production of the 
 certificate, enter judgment for the plaintiffs fisr the amount specified 
 in the certificate in Uke manner as if the defendaBts had signed a 
 warrant to confess judgment in the action for Ifctt amount. 
 
 28. Where the expenses sWl have been, recovered from any 
 person, he may recover in like manner from others, liable to the 
 payment of the same expenses, a proportionable share thereof, ac- 
 cording to the number liable. 
 
 29. The word 'sitting member,' when used in this chapter, 
 shall also comprehend parties admitted to oppose a petition. 
 
 CHAPTER 10. 
 
 OF VACATINa SEATS- 
 
 Sectios 
 
 1. Seats how vacated. 
 
 2. Offices which vacate seats. 
 
 3. Vacancies how supplied. 
 
 Section 
 4. Speaker's seat as 9ti«!&er ftnd metnber hoW 
 
 vacated. 
 
 Seats how va- 1- Any member of the hcMise bf assembly may, by written tio- 
 
 cated. ^[QQ ^Q tiig speaker, vacate his seat. 
 
 Offices wwch 2. If any member shall acoejit of any of the following affices, 
 
 vacate seats, jjjg gg^t shall becoHie vacant, but he toay be re-elected, that is to 
 
Btni! m.] Chap. 11. Sect. 1—2. 27 
 
 S&y : the offiees of attoraey general, soKdtor general, provincial 
 secretary, receiver general, finaiocial secretary, commissioner of 
 cro-wn lanctej surveyor general. 
 
 3. Whenever a seat shall become vacant, the speaker shall re- vacancies how 
 quire that a writ may be issued to supply the vacancy. supplied. 
 
 4. The speaJjer may vacate his seat as speaker and member, speaker's seat as 
 either by a declaration to that effect in the house, if in session, or "^^ZT^ 
 by written notice to any two members, in which case the house, if i«>«ated. 
 
 in session, or otherWBe the two members, shall require that a writ 
 be issued to supply the va^aHcy. 
 
 TITLE m. 
 
 OF THE PUBLIC REVENUE. 
 
 CHAPTER 11. 
 
 OF THE CASUAI, AND TERBITORIAL REVENUE. 
 
 SBOTIO!^ 
 
 1. Casual' and territorial revenue wbere paid. 
 
 2. Of what it consists. 
 
 3. Transfer of mines and miiierals. 
 
 4. STanagemetit provided for. 
 
 Section 
 5. Collection provided for. 
 0. Proceeds of crown lands where payable. 
 7. Duration of chapter. 
 
 1. The jfl'oceeds of all the casual and territorial revenues of casual and terri- 
 the crown in the province, as hereafter designated, shall be paid where plfd™° 
 into the provincial treasury. 
 
 2. The several casual and territorial revenues of the crown, ofwhatitcou- 
 affld the monies and funds, and other rights which are placed at the *'^''' 
 disposal of the general assembly for the use of the province, under 
 
 and by virtue of this chapter, are declared to be — all rents, sums 
 of money, returns, profits and emoluments, arising, reserved, due, 
 owing, or in any manner whatsoever which shall have heretofore 
 accrued and shall be in hand, or shall be hereafter to be received 
 in respect of any lease, demise, sale, grant, transfer or occupation 
 of any of the crown lands, mines, minerals or royalties of her ma- 
 jesty within the province, whether in the Island of Cape Breton 
 or in any other part of the province, of whatsoever nature or des- 
 cription ; and also all fees and payments, and commutation there- 
 for, at the ofiBce of the secretary of the province, received or pay- 
 able, in respect of any writings, licenses, instruments, commis- 
 siotos or patents there made or issued, and on which fees were 
 heretofore payable for the lieutenant governor and secretary of the 
 province ; and lastly, all fines, penalties and forfeitures, under any 
 law of the province imposed Mid applicable for the usq of her jna- 
 jesty. 
 
28. Chap. 11. Sect.:8— 5. [part r. 
 
 Transfer of mines 3. All the right and title of her majesty, whether in reversion: 
 and minerals. ^^ otherwise, of, in, to, and out of, all mines of gold, silver, ii-on, 
 coal, iron-stone, lime-stone, slate-stone, slate-rock, tin, copper,, 
 lead, and all other mines and minerals, and ores, -within the pi'o- 
 vince, which by indenture of lease bearing date on or about the, 
 twenty-fifth day of August, one thousand eight hundred and 
 twenty-six, were granted, demised and leased by or on the part of 
 his late majesty king George the fourth to his late royal brother 
 the duke of York and Albany, to hold to his royal highness and 
 his assigns for the term of sixty years from the date of the lease, 
 under certain rents and renders therein contained, as by reference 
 to the lease will at large appear ; and also all rents and arrears of 
 rent and returns due, or to become due, by virtue of the lease, with 
 all powers, rights, and authorities, whether of entry for forfeitures 
 or breach of condition, or otherwise, in such lease, reserved and 
 contained in respect of the breach of any condition thereof, and 
 also all the estate, right, and title of her majesty, reversionary or 
 otherwise, of, in, and to all such coal mines in the island of Cape 
 Breton, or of, in, and to all such reserved mines at Pictou, which 
 were agreed to be leased and demised by his said late majesty for 
 the yearly rent of three thousand pounds sterhng, and certain other 
 rents or reservations payable for the use of his said majesty, and 
 which mines, under such agreement, are in possession of, and were, 
 or are now, in operation, and worked by or for the general mining, 
 association ; and likewise the said yearly rent of three thousand 
 pounds sterling, and all other rents and reservations by such agi-ee- 
 ment, reserved or payable, and all rights, powers, and authorities, 
 whether of entry upon forfeiture or breach of condition, or other- 
 wise, in such agi-eement contained or reserved, in respect of any 
 breach of the condition thereof; and also all mines of gold, silver, 
 iron, coal, iron-stone, hme-stone, slate-stone, slate-rock, tin, cop- 
 per, lead, and all other mines, minerals, and ores within the pro- 
 vince, including the island of Cape Breton, of which the title is 
 now in her majesty, are hereby respectively assigned, transfeiTed, 
 and surrendered to the disposal of the general assembly of the pro- 
 vince, and shall and may be subject only to the existing rights of 
 the lessees and persons entitled under such lease and agreement, 
 and of all persons lawfiilly claiming under them, or any of them, 
 managed, leased, disposed of, made available, paid and applied in 
 such manner, and to and by such officers and persons, and for such 
 public uses and purposes as by any act of the general assembly for 
 the time being shall be directed. 
 Manasement pro- 4. The general asscmbly may provide for the managing, col- 
 lecting, and receiving of the revenues, and other matters hereby 
 surrendered and ti-ansferred, and for appointing proper oflBcers; for 
 the revenues. 
 Couection provi- 5. For the more easy collection of such revenues, the officers 
 f^<4 for- or persons charged with thq collection or management of the 
 
 revenue, may in the name of h^j- piajesty, bu^ to the use of the 
 
TITLE III.] 
 
 Chap. 12. Sect. 1—2. 
 
 29 
 
 province, take all such lawfur 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 the 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 intei-fere with the grant, Prooeods of crown 
 sale, lease, or disposal of any of the ungranted lands of the crown pTyabk!"™ 
 
 in this province, except only the mines and minerals hereinbefore 
 specified by or on behalf of her majesty, but all such grants, sales, 
 leases, or disposal of such ungranted lands, and the management, 
 direction, or control thereof, shall remain in such ofiicers 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 disposal of such ungranted lands, after deducting the 
 necessary expenses of managing the same, shall be paid over to the 
 treasury of the province ; but an account of such expenses shall be 
 aimually submitted to the general assembly, and the salary or al- 
 lowance of the ofiicers employed, and expenses of the department, 
 be subject to the control and regulation of the general assembly, 
 and no other . or greater salary or allowance or expenses shall be 
 taken than such as shall be allowed thereby. 
 
 7. This chapter shall continue in operation until eighteen Duration of chap- 
 months after the demise of her present majesty (whom God long *■'^■ 
 preserve), and thereafter every thing herein contained, and the 
 
 transfer, surrender, and assignment hei-eby made, shall cease and 
 determine. 
 
 CHAPTER 12. 
 
 OF CUSTOMS DUTIES. 
 
 Section 
 
 1. Date of operation of chapter. 
 
 2. Payment of duties provided for. 
 
 3. Animals for improving breeds exempted. 
 
 4. Duty on home manufactured liquors. 
 
 5. Table of exemptions provided. 
 
 6. Standard for collecting duties. 
 
 7. Collection and application of duties. 
 
 8. Duties where and how received. 
 
 Section 
 9. How applied and how drawn. 
 10. Articles of other provinces exempted by 
 
 proclamation. 
 H. Articles exempted In case of American 
 reciprocity. 
 Table of duties. 
 Table of exemptions. . 
 
 1. This chapter shall come into operation on the first day of Date of operation 
 April, in the year of our Lord one thousand eight hundred and "'"ii^pi"- 
 fifty-one, and shall continue in force until the first day of April, 
 
 one thousand eight hundred and fifty-two. 
 
 2. There shall be collected and paid unto her majesty, for the Payment or duties 
 use of the province, upon all goods brought into this province by P™vidc4 {of, 
 sea or inland carriage, the several duties set forth in figures in thg 
 
30 
 
 Chap. 12. Sect. 3—11. 
 
 [SPABt I. 
 
 Animals for im- 
 proving breeds 
 exempted. 
 
 Duty on Lome 
 manufactured 
 liquors. - 
 
 Table of exemp- 
 tions provided. 
 
 Standard for col- 
 lecting duties. 
 
 Collection and 
 application of 
 duties. 
 
 Duties where and 
 how received. 
 
 How applied and 
 how drawn. 
 
 Articles of other 
 provinces ex- 
 empted by pro 
 clamatioa. 
 
 Articles exempt- 
 ed in case of 
 American reci- 
 procity. 
 
 table hereinafter contained, denominated " table of duties," oppo- 
 site the respective articles in such table mentioned, aceording to 
 the value, number or quantity of every such article. 
 
 3. Animals certified by the president and secretary of any 
 agricultural society to have been imported for the purpose of im- 
 proving the breed, shall be admitted duty free. 
 
 4. There shall be collected and paid unto her majesty, for the 
 use of the province, upon all spirituous liquors distilled, compounded 
 or made within the province, and which in the table are specifically 
 enumerated, the several duties therein stated. 
 
 5. The goods mentioned in the table hereinafter contained, 
 denominated "table of exemptions," shall be free of duty. 
 
 6. The duties shall be collected, paid and received, according 
 to the British weights and measures in use in this province ; and 
 where the duties are in the table of duties imposed according to 
 any specific quantity, value or number, the same shall apply in the 
 Hke proportion to any greater or less quantity, value or number. 
 
 7. The duties shall be Collected, paid and received, and the 
 proceeds thereof applied under the provisions of the provincial sta- 
 tutes from time to time in force concerning the same. 
 
 8. The duties shall be paid to the coUectars of the colonial 
 revenue and received at the receiver general's oflBce, either in trea^ 
 sury notes of the province at their full value of twenty shillings 
 each, or in current coin at the legal rate of tender. 
 
 9. Duties paid into the receiver general's office shall be carried 
 to account of the provincial revenue and becoine part of the public 
 funds, and shall be paid and appUed to such purposes, and no other, 
 as may be expressed in the provincial statutes from time to time in 
 force ; and shall, even when authorized by any such statute, be 
 drawn only by warrant under the hand and seal of the governor. 
 
 10. The governor in council may, whenever it shall be thought 
 advisable so to do, declare by proclamation what articles the growth, 
 production or manufacture of the British North American posses- 
 sions of Canada, New Brunswick, Prince Edward Island, or New- 
 foundland, or any of them, may be imported into the province free 
 of duty ; and may declare in what manner and under what re- 
 strictions the same may be so imported : but if wheat flour the 
 production of Canada be allowed under such proclamation to be 
 imported duty free, such flour shall be admitted duty free whether 
 it comes direct from Canada or through warehouse in the United 
 States, but in the latter case it must be certified to be the produe- 
 tion of Canada. 
 
 11. Whenever the importation into the United States of 
 America of the following articles of the growth and production of 
 British North America, viz : grain and bread stuffs of all kinds, 
 potatoes and other vegetables, fruits, seeds, hops, hay and straw, 
 animals, salted and fresh meat, butter, cheese, lard, tallow, hides, 
 horns, wool, undressed skins, furs of all kinds, ores of all kinds, 
 iron in pigs md blooms, copper, lead in pigs, grindstones and 
 
TITLE IJI.] 
 
 Chap. 12. 
 
 31 
 
 stones of all kinds, earth, coals, lime, ochres, gypsum ground or 
 unground, rock salt, wood, timber, and lumber of all kinds, fire- 
 wood, ashes, bajk, fish, fish oil, train oil, spermaceti oil, head mat- 
 ter and blubber, fins and skins, the produce of fish or creatures 
 living in the water, or any. of such articles, shall be by law admit- 
 ted free from duty, the governor in council may, by proclamation in 
 the royal gazette, fix a short day thereafter on which the duties on 
 Jike articles, or any of them, being the growth and production of 
 the United States, shall cease ; and from and after the day so ap- 
 pointed all the articles specified in the proclamation, being the 
 growth and production of the United States, shall be admitted into 
 the province duty free upon such proof of origin and character as 
 may be required by any order of tJie governor in council. 
 
 Table of duties. 
 
 Table of duties. 
 
 ARTICLES. 
 
 Duties in sterling money. 
 
 Apples, fresh or dried, per fearrel, 
 
 Bacon, per cwt,., ...... 
 
 Beef,. salted, per cwt^, .... 
 
 " fresh, per ewt., .... 
 
 Biscuit, fine, called crackers or cakes,, per cwt., 
 
 Butter, per cwt., 
 
 Candles, tallow, per lb., . 
 
 All other candles, per lb.,. 
 CMtte, viz : horses, mares, or geldings, each, 
 
 Neat cattle, viz : ox^., or ol£er neat cattle, 
 
 three years old or npwards, eac.h, 
 Cows and cattle, under tihree year's old, each 
 
 Sheep, each, 
 
 Hoga,, over 100 lbs. wei^t, each, . 
 
 Of 100 llw. -^Cfiight and under, each, . 
 Qheese, per cwt., • ... . . < 
 Chocolate or coeoa paste, per lb., 
 
 Cofiee, ^en, per lb.., 
 
 Koasted, burned, or grounid, per lb., 
 Clocks, — on all docks costiBg under 2.Qs,, 
 
 On all others, 
 
 Flour, viz : wheat flour, per bbl,, . 
 ISanm, smoked or dried, per cwt., 
 Lard, per cwt., . . . 
 Leather, — sole leather, includipg bi<Jes and skins, 
 partially dressed therefor, per lb., . 
 Uppga? leather of all sorts, including hides 
 and skins ;p9rtia^y dressed therefor, 
 per lb., , . . . • 
 
 Molasses^ per galfon,. , . . , . , . . . 
 
 £ 
 
 
 
 
 
 
 
 
 2 
 
 1 
 
 
 
 
 1 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 10 
 10 
 3 
 
 2 
 5 
 
 
 
 5 
 10 
 1 
 9 
 
 d. 
 
 
 
 
 4 
 
 1 
 3 
 
 
 
 
 
 
 
 
 1 
 1 
 2 
 
 
 
 
 
 
 1 
 
 
 
 
 2| 
 
32 
 
 Chap/ 12. 
 
 -[part I. 
 
 ARTICLES. 
 
 Onions, per cwt., .... 
 Pears, fresh or dried, per bbl., 
 Pork, salted, per cwt., 
 
 Fresh, per cwt 
 
 Raisins, in boxes, per lb. . 
 
 In other packages, per lb. . 
 Spirits, viz : brandy, gin, rum, or other spirituous 
 liquors which by any way or method whatso- 
 ever shall be manufactured, compounded, or 
 extracted, distilled or made within this pro- 
 vince, not exceeding the strength of proof 
 by Syke's hydrometer, and so in proportion 
 for any greater strength than the strength 
 of proof, per gallon, .... 
 
 Brandy, whiskey, gin, cordials, and other spirits, 
 except rum, not exceeding the strength of 
 proof by Syke's hydrometer, and so in pro- 
 portion for any greater strength than the 
 strength of proof, per gallon, . 
 Bum, not exceeding the strength of proof by Syke's 
 hydrometer, and so in proportion for any 
 greater strength than the strength of proof, 
 per gallon, ..... 
 Shrub or santee, per gallon, . 
 Sugar, — refined, per cwt. .... 
 Crushed and bastard facings, per cwt. 
 Candied brown, per cwt. . 
 Brown, or Muscovado, not refined, per cwt 
 Teas, viz : souchong, congo, pekoe, bohea, pouchong. 
 and all other black teas, per lb. 
 Gunpowder, hyson, young hyson, twankay, 
 and other green teas, per lb. . 
 Tobacco, manufactured, except snuff and cigars, 
 
 per lb 
 
 Tongues of cattle, dried or pickled, per cwt. 
 Wines, viz : hock, constantia, malmsey, tokay, 
 champagne, burgundy, hermitage, claret, 
 called lafitte; latour, lafayette, margaux 
 or hautbrian, per gallon, 
 Madeira, port, and sherry wines, of which 
 the first cost is £20 per pipe or upwards 
 per gallon. 
 
 Other claret wines, barsaxj, sauteme, vin de 
 grave, moselle and other French wines, 
 and Lisbon and German wines, per gal 
 Ion, 
 
 - Duties In sterling money. 
 
 £ 
 
 s. 
 
 d. 
 
 
 
 2 
 
 6 
 
 
 
 4 
 
 
 
 
 
 6 
 
 
 
 
 
 4 
 
 
 
 
 
 
 
 Oh 
 
 
 
 
 
 Oi 
 
 11 
 
 2 8 
 
 16 
 14 
 14 
 10 
 10 
 7 
 
 2 
 
 4 
 
 
 
 
 
 9 
 
 1^ 
 
 
 
 
 
 3 
 
 
 
 
 
 2 
 
 6 
 
 1 '3 
 
TiTliE rri.] 
 
 Chap. 12. 
 
 33 
 
 ARTICLES. 
 
 Wines, — all other port, madeira, and sherry wines, 
 
 teneriffe, marsella, Sicilian, malaga, 
 
 fayal, and all other wines, per gallon. 
 
 Clocks, viz : all wheels, machinery, and materials 
 
 for manufacturing clocks, 
 Confectionary, syrups, and articles manufactured 
 
 from sugar, 
 Hay and straw. 
 
 For every £100 of the value, 
 Cigars and snuff. 
 Currants and figs. 
 Leather, viz : boots, shoes and leather, 
 
 Manufactures of all sorts, 
 Meat, fresh. 
 Poultry of all sorts, dead. 
 
 For every .£100 of the value. 
 Anchors, grapnels, and anchor palms, 
 Cables of hemp, or other vegetable substance, or 
 
 of iron. 
 Copper, viz: plates, sheets, bars or bolts, for 
 shipbuilding ; wrought or cast for ma- 
 chinery, pure, or without other metal ; 
 copper castings of every description, 
 for machinery, for mills, or steam- 
 boats ; copper and composition nails 
 and spikes, for shipbuilding, 
 Cordage, tarred or untarred, whether fitted for 
 
 rigging or otherwise, 
 Iron, viz : in bars or bolts, castings for mills or 
 steam engines, and cast or unwrought 
 pipes and tubes, sheet iron and iron 
 spikes. 
 Oakum, 
 Pitch, 
 
 Sail cloth, of all kinds, canvass included. 
 Tar, 
 
 Zinc, viz : zinc sheathing of a size forty-eight 
 inches long by fourteen inches wide, in- 
 tended for and to be used as sheathing 
 for vessels, and zinc sheathing nails, 
 
 For every £100 of the value. 
 
 All other goods, wares, and merchandize, not 1 
 otherwise charged with duty, and not enu- ' 
 merated in the table of exemptions. 
 
 For every £100 of the value 
 5 
 
 Duties in sterling money. 
 
 £ s. d. 
 
 J 
 
 13 
 
 20 
 
 10 
 
 2 10 
 
 6 5 
 
34 Chap. 12. [past i. 
 
 Table of Exemptions. 
 
 tions. 
 
 Table of exemp- Ashes, viz : pot ashes and pearl ashes. 
 
 tions. ATI 
 
 Asses and mules. 
 
 Baggage and apparel of passengers not intended for sale. 
 
 Barilla and soda ash. 
 
 Beans. 
 
 Biscuit or bread. 
 
 Books not prohibited to be imported into the United Kingdom. 
 
 Bulhon, gold or silver. 
 
 Burr stones. 
 
 Coal. 
 
 Cocoa. 
 
 Coin, gold and silver coins and British copper coins. 
 
 Copper, viz : copper ore, or in pigs or bricks, oH or worn, or fit 
 only to be re-manufactured. 
 
 Corkwood. 
 
 Corn, viz : wheat, rye, Indian corn, barley, oats, rice, and buck- 
 wheat, unground ; barley meal, rye meal, oatmeal, Indian 
 meal, buckwheat meal, peas, beans, and calavances. 
 
 Fish, viz : fresh, dried, salted, or pickled. 
 
 Fish hooks. 
 
 Fish oil, viz : train oil, spermaceti oil, head matter and blubber ; 
 fins and skins, the produce of fish or creatures living in 
 the sea. 
 
 Flax. 
 
 Furniture that has actually been in use, working tools and imple- 
 ments, the property of immigrants or persons coming to reside 
 in the province, and not intended for sale. 
 
 Hemp. 
 
 Hides, or pieces of hides, raw, not tanned curried or dressed. 
 
 Horns. 
 
 Horses and carriages of travellers, and horses, cattle, carriages, and 
 other vehicles when employed in carrying merchandize, 
 together with the necessary harness and tackle, so long as 
 the same are actually in use for that purpose. 
 
 Iron, viz : unwrought or pig iron, ores of iron of all kinds, iron 
 rails for railroads, boilers, plates and plough moulds, hoop 
 iron. 
 
 Lintels. 
 
 Lime and limestone. 
 
 Lines for the fisheries of all kinds. 
 
 Manures of all kinds. 
 
 Maps and charts. 
 
 Nets, fishing nets and seines of all kinds. 
 
 Ores of all kinds. 
 
 Paintings, 
 
 Palm oil. 
 
 Plants, shrubs and trees. 
 
TITLE III.] Chap. IS. Sect. 1—2. 35 
 
 Plate of gold and silver, old and fit only to be re-manufactured. 
 
 Potatoes. 
 
 Printing presses and types. 
 
 Eags, viz : old rags, old rope, junk and old fishing nets. 
 
 Rosin. 
 
 Sails, rigging and ship materials saved firom vessels Tvrecked on the 
 
 coast of the province. 
 Salt, 
 
 Seeds rf all kinds. 
 
 Skins, furs, pelts, or tails, undressed. 
 Stone, unmanufactured. 
 Sugar of the maple. 
 Tallow. 
 
 Twines and lines used in the fisheries. 
 Tobacco, unmanufactured. 
 Tow. 
 
 Turpentine. 
 Whale fin, or bone. 
 
 Wood, viz : boards, planks, staves, square timber, shingles and 
 firewood. 
 
 CHAPTER 13. 
 
 OF THE BOARD OF REVENUE. 
 
 Section ISectioh 
 
 1. Board of revenue, how composed. I 3. Their power and duty. 
 
 1. The receiver general shall be the president of, and, along Boai-dot revenue, 
 with the financial secretary and three other persons to be appointed '^"""""pos^*- 
 by the governor in council, shall constitute the board of revenue, 
 
 the seats at such board to be considered honorary appointments, 
 and the members to be sworn into office. 
 
 2. The board shall superintend the working and practical Their power ana 
 effects of the revenue system, and report thereon to the governor '^ ^' 
 when requisite ; they shall examine claims for drawbacks and 
 
 grant certificates therefor when allowed, and shall direct and carry 
 on prosecutions against deUnquent officers and their sureties, and 
 also prosecutions for seizures, forfeitures, and breaches of the re- 
 venue laws, over which they shall have a general control; and 
 they may remit penalties in whole or in part, and direct the resto- 
 ration of property seized, under such terms as they may deem just. 
 
36 
 
 Chap. 14. Sect. 1—7. 
 
 [part I. 
 
 CHAPTER 14. 
 
 OP OFFICERS OF THE CUSTOMS. 
 
 Section 
 
 1. Appointment of coUectors. 
 
 2. Bonds given and registered. 
 
 3. Death or insolvency of sureties. 
 
 4. Sets of books to be kept. 
 
 5. Quarterly returns to be made. 
 
 6. Per centage allowed. 
 
 "7. Penalty for merchandizing. 
 
 8. Proceedings on resignation or removal. 
 
 Section 
 9. Landing waiters, guagers and Wfiighers. 
 
 10. Duty of guagers and their fees. 
 
 11. Receiver general to superintend at Halifex 
 
 ^d be allowed a clerk. 
 
 12. Appointment and duty of clerk. 
 
 13. Power of administering oaths. 
 
 14. Penalty for neglect, of duty. 
 
 15. Penalty for illegally assuming office. 
 
 Appointment of 
 collectors. 
 
 Bonds given and 
 registered. 
 
 Death or insol- 
 vency of sm-eties 
 
 Sets of books to 
 be kept. 
 
 Quarterly returns 
 to be made. 
 
 Per centage 
 allowed. 
 
 Penalty for mer- 
 chandizing. 
 
 1. The governor in council may define and alter the limits of 
 ports, and appoint for every such port, except the port of Halifax, 
 one collector of colonial duties, who may also be empowered to act 
 as landing waiter, guager and weigher. 
 
 2. Every collector shall, upon appointment, enter into a bond 
 with two sureties in one thousand pounds for the faithful perform- 
 ance of his duties. The bonds shall be registered at length on the 
 oath of a subscribing witness, in a book to be kept for that purpose 
 by the provincial secretary ; and if a bond be lost a copy thereof, 
 taken from the registry and certified by the provincial secretary, 
 shall be received in evidence. 
 
 3. If either of the sureties shall die, become insolvent, or re- 
 move from the province, the board of revenue shall require the 
 collector for whom he was surety, to give a new bond. 
 
 4. Collectors shall keep regular sets of books, wherein shall be 
 entered all receipts and payments of money, permits for the remo- 
 val of dutiable goods, and certificates of drawback : which books 
 shall be regularly balanced and produced for inspection, with all 
 entries and documents in their ofiice, when called for by the finan- 
 cial secretary or the committee of pubhc accounts. 
 
 5. Collectors shall, as soon as may be practicable after the ter- 
 mination of every quarter, transmit under oath their quarterly ac- 
 counts, together with a list of permits given for the removal of 
 dutiable goods to the receiver general, and at the same time pay 
 into the treasury the duties for such quarter. 
 
 6. Upon their accounts being audited by the financial secretary, 
 collectors shall be entitled to receive from the treasury a commis- 
 sion of ten per cent, on the duties by them paid in, not exceeding 
 two hundred and fifty pounds in any one year. 
 
 7. If a collector shall act as a merchant or dealer in dutiable 
 articles, he shall for every ofience forfeit fifty pounds, one half to 
 the use of the government and the other half to the person suing 
 therefor ; and no commission shall be allowed such collector on the 
 duties by him collected for the year in which the offence shall have 
 been committed. 
 
TITLE III.] Chap. 14, Sect. S— 15. 37 
 
 8. If a collector shall resign or be removed from oflSce, he shall Proceedings on 
 forthwith deUver over to the new collector all securities and papers remOTail™ ""' 
 connected with the office which may be in his hands, and shall im- 
 mediately make up and return his accounts, and pay over to the 
 receiver general all monies in his hands or due to him as collector. 
 
 If he shall not render such accounts and pay over such monies 
 within three months from his going out of office, he shall forfeit 
 two hundred pounds, for the use of her majesty. 
 
 9. The governor in council may appoint landing waiters. Landing waiters, 
 guagers, and weighers for the different ports, who shall receive for weifS.'"'^ 
 their services, in, addition to any fees by law allowed, such sums 
 
 as may be annually granted by the legislature. 
 
 10. Guagers are required to ascertain, if possible, by Gunter's Duty of guagers, 
 calipers, or if not, by the rod, the quantities of intoxicating hquor ""^ "*"' '''^'' 
 and molasses imported into or distilled in the province, and shall 
 
 mark with an iron the quantity each cask contains, on the stave 
 next the bung stave, or on the head of every cask, together with 
 the initials of his name, and shall be entitled to receive therefor 
 from the importers or owners the following fees, viz : for a pun- 
 cheon or pipe, six pence ; for a hogshead or tierce, four pence ; 
 and for a barrel, two pence ; and for other casks in the Hke pro- 
 portion ; and in addition to such fees, except at the port of Hahfax, 
 six pence for every mile they shall necessarily travel, computing 
 the distance from their place of residence to the place of guaging, 
 but no travelling fees shall be charged where the liquor is guaged 
 at the original distilling house. Where more than ten casks shall 
 be guaged at one time and place they shall only be entitled to the 
 following fees : for a puncheon or pipe, three pence ; for a tierce 
 or hogshead, two pence ; and for a barrel, one penny ; besides trav- 
 elling fees. 
 
 11. The receiver general shall superintend the collection of Receiver general 
 colonial duties at the port of Halifax, and shall have under his di- at Halifax, "Sid 
 rection for that purpose a principal clerk, who shall give bond in 
 one thousand pounds, with two sureties, in five hundred pounds 
 each, for the faithful discharge of his duties, and shall receive a 
 salary of two hundred and fifty pounds per annum, payable quar- 
 terly. 
 
 , 12. Such clerk shall be appointed by the governor in council. Appointment and 
 and shall pay into the hands of the receiver general the whole "'^ ° ° ^"^"^ 
 duties which he shall receive on the day of receipt, or at such other 
 time as the receiver general may direct. 
 
 13. The receiver general and his clerk, and the collectors of Powerofadminis- 
 colonial duties, may administer oaths under any act relating to the "'""^ """'*■ 
 colonial revenue. 
 
 14. If any officer of the colonial revenue shall neglect his duty Penalty for neg- 
 he shall forfeit a sum not exceeding fifty pounds, and also the costs '''■^'"'''"'y- 
 of prosecution. 
 
 15. If any person shall illegally assume the duties or exercise Penalty for 
 the functions of any officer of the colonial revenue, he shall, for illg^office.^*"™" 
 
 be allowed a 
 clerk. 
 
38 
 
 Chap. 15. Sect. 1—4. 
 
 [pArt I. 
 
 every offence, forfeit a sum not exceeding fifty pounds and costs of 
 prosecution, and, in case of non-payment thereof, may be comfliit- 
 ted to jail for a period not exceeding three months. 
 
 CHAPTER 15. 
 
 OF THE LAWS OF THE CUSTOMS. 
 
 Section 
 
 1. Entry and clearance how made. 
 
 2. Bonds by whom, and how taken. 
 
 3. Samples for ascertaining duties. 
 
 4. Questions of dates how regulated. 
 
 5. By what law duties shall be computed and 
 
 penalties recovered. 
 
 6. Limitation for recovering overpaid duties. 
 
 7. Penalties for comiterfeiting documents. 
 
 8. Agent's authority. 
 
 9. Penalties for false declarations. 
 
 10. Forfeitures and penalties for removing for- 
 
 feited goods. 
 
 11. Vessels and boats forfeited may be relieved 
 
 by board of revenue. 
 
 12. Seizing officers 5 fine for obstructing. 
 
 13. Goods seized may be restored on security 
 
 given. 
 
 14. Goods seized or detained, restored by board 
 
 of revenue. 
 
 Section 
 IB. Power of board in cases of trifling amount. 
 
 16. Officers may be stationed on shipboard. 
 
 17. Persons on board a vessel subject to penalty 
 
 in certain cases. 
 
 18. Limitation of actions. 
 
 19. Actions in whose name to be brought. 
 
 20. Averments of p^e in information sufficient. 
 
 21. Proof in cases of seizure. 
 
 22. Claim to goods seized, how made. 
 
 23. Certificates received in evidence. 
 
 24. Month's notice before action, 
 
 25. Collusion how punished- 
 
 26. Penalties how appUed. 
 
 27. Appeals when and how to be prosecuted. 
 
 28. Appeal not to stay execution in certain 
 
 cases. 
 
 29. Operation of regulations may be suspended. 
 
 30. Rules for construing revenue laws. 
 
 Entry and clear- 
 ance how made. 
 
 Bonds by whom 
 and how taken. 
 
 Samples for ascer- 
 taining duties. 
 
 Questions of 
 dates, how regu- 
 lated. 
 
 1. Papers and proceedings connected with the entry and clear- 
 ance of vessels and goods shall be made and had in form and man- 
 ner as heretofore, unless otherwise directed by the board of reve- 
 nue, but any of them may be dispensed with by order of the 
 governor in council. 
 
 2. Bonds relating to duties required to be given in respect of 
 goods or vessels, shall be taken by the collector in her majesty's 
 name, and after the expiration of three years from the date thereof, 
 or from the time, if any, therein limited for the performance of the 
 condition, every bond not then in suit shall become void and be 
 cancelled. 
 
 3. Revenue officers may take samples of goods when necessary 
 for ascertaining the duties, and the samples shall be disposed of 
 and accounted for as the board may direct. 
 
 4. Upon the first levying or repeahng of any duty, or the first 
 granting or repealing of any drawback, or the first permitting or 
 prohibiting of any importation or exportation, the time of importa- 
 tion of goods shall be deemed to be the time at which the importing 
 ship shall in due course be reported ; and the time of exportation, 
 the time when the goods shall be shipped on board the exporting 
 sliip. If any question shall arise in respect of any charge or 
 
TiTiE m.] Chap. 15. Sect. 5—12. 39 
 
 allowance up0n any ship exclusive of the cargo, the time of arrival 
 shall he deemed to he the time at -which she ought to have been 
 reported, and the time of departure the time of her last clearance 
 for &e voyage. 
 
 5. Duties on goods imported before the coming into operation By what law 
 of an acA imposing new duties, and whereon the duties have not computed' and 
 been paid, shall be collected under the new law, but forfeitures ^^^^^^^ '''™^" 
 shall be recovered under the law under which they were incurred, 
 notwithstanding such law may have expired. 
 
 6. Duties overpaid or improperly charged shall not be recover- Limitation for 
 able after three years from time of payment. pai7duues?'^'' 
 
 7. If any person shall counterfeit or falsify, or knowingly use Penalties for 
 or procure to be used when counterfeited or falsified, any document docume*ts™^ 
 required under the revenue laws, or in use in connection there- 
 with, he shall for every offence forfeit a sum not exceeding two 
 hundred pounds. This penalty shall not attach to any particular 
 
 offence for which a penalty is otherwise imposed. 
 
 8. Officers may require persons applying to transact business Agent's authority 
 for others, to produce a written authority, and in default may re- 
 fuse to transact business with them. 
 
 9. If anj declaration required to be made under the revenue i'™ai''«8f°'' ^lae 
 laws, except declarations as to the value of the goods, shall be un- 
 true in any particular, or if any person required under such laws 
 
 to answer questions put to him by officers shall not truly answer 
 such questions, the person making such declaration, or refusing to 
 answer or not truly answering such questions, shall forfeit a sum 
 not exceeding fifty pounds over and above all other penalties to 
 which he may be Hable. 
 
 10. All boats, carriages and cattle, used in the removal of any Forfeitmeg and 
 goods liable to forfeiture, shall be forfeited ; and every person who removing 'foi-- 
 shall knowingly assist in such removal, or harbor such goods, or fci'^* boo^s- 
 knowingly have them in possession, shall forfeit the treble value 
 
 thereof or a sum not exceeding one hundred pounds, at the elec- 
 tion of the prosecutor, and the averment of such election in the 
 information or hbel shall be sufficient proof thereof The forfeiture 
 of a ship shall include her guns, tackle, apparel and furniture ; 
 and of goods, the package containing them. 
 
 . 11. All vessels and boats in or from which goods shall have vesseia and boats 
 been illegally imported, concealed, landed, or thrown over, may be reiie-redbyboaid 
 seized in the first instance, and shall be forfeited in the same man- "'''««""«• 
 ner as if detected hovering on the coasts with prohibited goods ; 
 and such boats and vessels may also, upon judgment against the 
 master or other person on board for any penalty thereby incurred, 
 be levied upon and sold under execution issuing on such judgment ; 
 but the board on proof that the master and owners of the vessel 
 were ignorant of such illegality, may reheve from the penalty in 
 whole or in part, and on such terms as may be deemed right. 
 
 12. All goods and all vessels, carriages and cattle, liable to seizing officers ; 
 forfeiture, may be seized by any revenue officer or by any person ing! " " ' ^'^ ' 
 
40 
 
 Chap. 15. Sect. 13—19. 
 
 [PAKT I.' 
 
 Gooda seized may 
 be restored on 
 secui'ity given. 
 
 Goods seized or 
 detained res- 
 tored by board 
 of revenue. 
 
 Power of board in 
 cases of trifling 
 amount. 
 
 OflBcers may be 
 stationed on 
 shipboard. 
 
 persons on board 
 a vessel subject 
 to penalty in 
 certain cases. 
 
 Limitation of 
 actions. 
 
 Actions in whoSQ 
 name to be 
 brought. 
 
 employed for that purpose with the concurrence of the board, and 
 also by any officer of her majesty's navy in command of or serv- 
 ing under the commander of any of her majesty's ships, also by 
 any person commissioned by the governor to protect the revenue 
 laws, and by any sheriff or deputy sheriff, or by any justice of the 
 peace, or by any other person ia a place more than ten miles from 
 any collector who shaU by the warrant of a justice of the peace on 
 oath before him of such forfeiture, be appointed to seize them ; and 
 every person who shall obstruct any such person so employed in 
 the exercise of his office, or any person acting in his aid, shall for- 
 feit a sum not exceediag one hundred pounds. 
 
 13. If any goods or any vessel shall be seized as forfeited 
 under the revenue laws, the court having jurisdiction over such' 
 seizure, with the consent of the collector may order the delivery 
 thereof to the claimant on security by bond, with two sureties 
 approved by the collector, being given to answer double the value 
 thereof in case of condemnation; and such bond shall be taken 
 in her majesty's name. 
 
 14. If any goods, ship or boat shall be seized as forfeited, or 
 detained as undervalued, the board may order the same to be re- 
 stored on such terms as they shall direct ; and if the proprietor, 
 accept the terms he shall have no action on account of the seizure 
 or detention, nor shall any proceedings be had for condemnation. 
 
 15. If a ship shall have become liable to forfeiture on account 
 of any goods laden thereia, or unladen therefrom, or the master 
 shall have become liable to a penalty on account of such goods, and 
 the goods be small in quantity or trifling in value, the board if 
 satisfied that the act was done contrary to the intention of the owner 
 or wthout the privity of the master, as the case may be, may remit 
 the forfeiture, and remit or mitigate the penalty on the master, in 
 their discretion, and no action shall be thereafter brought in res- 
 pect of the same. 
 
 16. The board, or the collector under their directions, may 
 station officers on board any ship whUe within the limits of a port, 
 and the master shall provide every officer sufficient room under 
 deck in the forecastle or steerage for his bed or hammock, under a 
 penalty of fifty pounds. 
 
 17. Every person proved to have been on board any vessel or 
 boat liable to forfeiture for being found within one league of the 
 province, having on board or attached thereto, or conveying or hav- ' 
 ing conveyed, any thing subjecting such vessel or boat to forfeiture, 
 or who shall be proved to have been on board any vessel or boat 
 from which any part of the cargo shall have been thrown overboard 
 or destroyed, shall forfeit twenty pounds — provided such person 
 shall have been knowingly concerned in such acts. 
 
 18. No suit for recovery of penalties or forfeitures under the 
 revenue laws shall be brought after the expiration of three years 
 from the iacurring thereof 
 
 19; Except ia cases specially provided for, no suit shall be- 
 
TITLE ni.] Chap. 15. Sect. 20—25. 41 
 
 commenced for recovery of any penalty or forfeiture under the 
 revenue laws, except in the name of the collector or seizing officer, 
 or of her majesty's attorney general, or in his absence the solicitor 
 general of the province ; and if any question shall arise -whether 
 any person is an officer of the revenue, or such other person in this 
 section mentioned, oral evidence may be given of the fact. 
 
 20. In any information or proceeding for any offence against ATermcnts ot 
 the revenue laws, the averment that the offence was committed SoTsJ^^e™^' 
 within the limits of any port shall be sufficient presumptive proof 
 
 of the fact. 
 
 21. If goods shall be seized as forfeited, and any dispute shall Proof in cases ot 
 arise whether the duties have been paid thereon, or the same have 
 
 been legally imported, laden, or exported, the proof shall be on the 
 owner or claimant. 
 
 22. No claim to any thing seized under the revenue laws and ciaim to goods 
 returned into a court of record for adjudication shall be admitted, made! '""' 
 unless entered in the name of the owner, with his residence and 
 occupation, nor unless oath to the property therein be made by the 
 
 owner, or by his attorney or agent, entering the claim to the best 
 of his knowledge and belief; nor shall any such claim be admitted 
 until security shall have been given in the court, in a penalty not 
 exceeding forty pounds, io respond the costs occasioned by such 
 claim, if decided against the claimant, and in default of the pro- 
 visions of this section being comphed with, such thing shall be con- 
 demned. 
 
 23. Certificates, and copies of official papers certified under the certificates 
 hand and seal of any of the principal officers of the customs, or of evidence.' 
 any collector of the colonial revenues in any of the British posses- 
 sions in America or the West Indies, or of the principal officers of 
 
 the customs ia the united kingdom, or other the British posses- 
 sions, or of any British consul or vice consul in a foreign country, 
 and certificates and copies of official papers made pursuant to the 
 revenue laws of this province, shall be received as presumptive evi- 
 dence on the trial of any suit in reference to any matter contained 
 in the revenue laws. 
 
 24. No action shall be commenced against any person acting Montii's notice 
 under the revenue laws for any thing done in the exercise of his '"^'^"'^'^ '"'"°" 
 office until one month after written notice shall have been delivered 
 
 to him, or left at his usual place of abode ; in which notice shall be 
 explicitly stated the cause of action, the names and places of abode 
 of the person intending to bring the same, and of his attorney or 
 agent, and no evidence of any cause of action shall be received 
 which was not contained in the notice. In default of the proof of 
 such notice, a verdict shall be given for the defendant. Every 
 such action shall be brought within three months after the cause 
 thereof, and be laid and tried where the acts were committed. 
 
 25. If any revenue officer or person employed for the preven- coiiusion how 
 tion of smuggling shall make a collusive seizure, or deliver up, or p™'*^'^- 
 agree to deUver up or not to seize any thing liable to forfeiture 
 
 6 
 
42 
 
 CttAP. 15. Si3CT. 26- 
 
 [PAKT I. 
 
 Penalties how 
 applied. 
 
 Appeals when 
 and how to be 
 prosecuted. 
 
 Appeal not to 
 stay execution in 
 certain cases. 
 
 Operation of re- 
 gulations may- 
 be suspended. 
 
 Rules for constru- 
 ing revenue 
 laws. 
 
 under the revenue \mh, or shall take aiiy reward for the flOn-^W- 
 formance of his duty, he shall forfeit for every offence a stim titft 
 exceeding two hundred pounds, aiid be incapable of servinig h6r 
 majesty in any office of provincial appointment, and every person 
 who shall give or offer, or promise to give, or procure to be given, 
 any reward to, or shall make any collusive agreement with atiy 
 officer or person hereiiibefore in this section designated, to induce 
 him to neglect his duty, shall forfeit a sum not exceeding onfe hun- 
 dred pounds. 
 
 26. Except in cases specially provided for, penalties recovered 
 under the revenue laws, or the laws relating to trade and naviga- 
 tion, shall be paid into the hands of the collector of the port whiere 
 recovered, and shall be applied as follows : after dieducting the 
 charges of prosecution, one half of the nett produce shall be paid 
 to the collector for the use of the government, and the other half 
 to the person making the seizure ; but the board may, out of the 
 government portion, make a farther allowance, in whole or in part, 
 of the same to the person making the seizure, to reward his vigil- 
 ance, or make such distribution of the government portion as they 
 shall approve. But no officer, except he shall have made the 
 seizure, or been the means Of recovering the penalty, shall be en- 
 titled to any portion thereof 
 
 27. No appeal shall be prosecuted, from a judgment of a court 
 of record, touching any penalty under the revenue laws, unless 
 entered, and security therefor filed within twelve months from the 
 time of judgment. 
 
 28. Where proceedings have been instituted against any vessel, 
 boat, or goods, for recovery of any penalty under the revenue laws, 
 and judgment of restitution is given, the execution thereof shall 
 not be suspended by an appeal, if the party appellee shkll give se- 
 curity that, if the judgment shall be reversed, arid the vessel, 
 boat, or goods condemned, the full value thereof, to be ascer- 
 tained by agreement between the parties, or in case of difference, 
 then by appraisement, under the authority of the court, shall be 
 rendered. 
 
 29. Upon the representation of the board, the governor in 
 council msbj suspend the operation Of any regulation in this chap- 
 ter contained, for so long a tiriie as may be deeined proper. 
 
 30. In the construction of the revenue laWs the following rules 
 shall be observed, unless otherwise exptessly provided for, or such 
 construction would be inconsistent With the irianifest intent of thie 
 legislature, or repugnant to the context, that is to say : the word 
 "ship" or "vessel" shall include vessels Of all classes ; "boat" 
 shall include all sorts of water conveyances under the class of ves- 
 sels ; " master " shall mean the person having charge of the vessel ; 
 "mate" shall mean the person next in command to the master; 
 " seamen " shall mean any of the creW ; " board " shall riiean the 
 board of revenue; "Collector" shall mean the collector of colb- 
 nial revenue for the port; "officer" shalltaean I'eYeirae officer ; 
 
IITTLB. lU.] 
 
 Chap. 16. Sect. 1—2. 
 
 43 
 
 *-pr-Qper officei:" sh?Jl mean the person authorized to dp the act 
 referr^to", ^'proprietor," ^'owner," * importer" and '^ exporter" 
 ^la-ll iot^clud^ persons apljJig in their behalf. 
 
 CHAPTER 16. 
 
 OE THE IMPORTATION Ol' GOODS. 
 
 SftCTIOS?- 
 
 1. Provisions of cha]pt?r, their extent 
 
 2. Breaking buUc. 
 
 3. Majiifest on importation. 
 
 4. Manifest to be produced to a revenue ofl&cer 
 
 l^oardjng, ves^l. 
 
 5. Masters of vessels to report on arrival. 
 
 6. Duty of collector where articles for another 
 
 port. 
 "Z. Duty of collector where contents of package 
 unknown. 
 
 8. Live stock or perishable articles on deck 
 * may be unladen before report. 
 
 9. Goods by steamers may be unladen and 
 
 entered. 
 
 10. Liquprs hoTy imported. 
 
 11. Powers of revenue ofiBcers on shipboard. 
 
 12. Directions in cases of partial entry. 
 
 13. Time and mode of entry. 
 
 14. What a valid entry. 
 
 15. Duties to be paid on goods warehoused 
 
 before permit granted. 
 
 16. Penalty for entry by persons unauthorized. 
 
 17. Goods not chargeable with diity by nLumber, 
 
 weight, &c., how unladen. 
 
 18. Gfoods improperly unladen forfeited. 
 
 19. Goods chargeable with duty by number, 
 
 weight, &c., bow unladen. 
 
 S:^PTioN, 
 20. Entries by bill of sight in certain cases. 
 21- Goods abandoned for duties how disposed 
 of. 
 
 22. Abatement of duties allowed on damagqd 
 goods. 
 
 23. Invoices on entry to be verified under oath. 
 
 24. Proceedings where goods are undervalued. 
 
 25. prize goods, duties on how and from whom 
 seciured. 
 
 26. Surplus stores liable to duty. 
 
 27. Goods compounded of different materials 
 duties on how charged. 
 
 28. Goods from Britain or British possessions 
 must have been cleai'ed outwards. 
 
 29. Land-borne goods liable to duty. 
 
 30. Duties when payable at Digby or Anna- 
 polls. 
 
 31. Provisions in case of goods landed to repair 
 vessel. 
 
 32. Good,s sold for salvage may be exempted 
 from duty. 
 
 33. Wrecked goods liable to duty. 
 
 34. GrOQds how, when and where to be unladen. 
 
 35. Expenses connected with the landing of 
 goods, how borne. 
 
 36. Vessels for Bras D'or Lake where to enter. 
 
 1, All goods liable to duties, imported into this province or Provisions of 
 carried from one part of the province to another, shall be subject eSt."^ ' ^ ^^^ 
 to the provisions of this chapter. 
 
 2. No goods shall be unladen froin any vessel bringing goods Breaking bulk. 
 into the province, nor from anj vessel having on board dutiable 
 articles brought coastwise, nor shall bulk be broken after the arri- 
 val of any such vessel within three leagues of the coast, before 
 
 report and entry and permit granted, and except in conformity 
 with the further directions in this chapter contained ; and all goods 
 unladen contrary hereto shall be forfeited, and if bulk be broken 
 contrary hereto, the master shall forfeit fifty pounds. If after the 
 arrival of any such vessel within three leagues of the coast, any 
 alteration be made in the stowage of the cargo so as to fiicihtate the 
 unlawftil unlading of any part thereof, or if any part thereof be 
 fraudulently staved, destroyed, or thrown overboard, or any pack- 
 
44 
 
 Chap. 16. Sect. 3—5. 
 
 [part r 
 
 Manifest on im- 
 portation. 
 
 age be opened, it shall be deemed a breaking of bulk ; but fresh 
 fish, coin and bulHon may be landed without report, entry or per- 
 mit, as well as goods in any stranded or wrecked vessel, provided 
 that as soon as such goods are safely deposited on shore, report and 
 entry be made thereof 
 
 3. No goods shall be imported in any British vessel unless the 
 master shall have a manifest thereof made at the place where taken 
 on board, and there dated and signed by him, which shall set forth 
 the name and tonnage of the vessel, the place to which she belongs, 
 and the master's name — the place where the goods were taken on 
 board, and the place to which they were destined — a particular ac- 
 count and description of all the packages, with their marks and 
 numbers, and the sorts of goods therein, and of the goods stowed 
 loose, and the names of the shippers and consignees so far as the 
 same can be known to him, to which shall be subjoined a recapitu- 
 lation of the total number of packages of each sort by their usual 
 names, and the total quantities of the different goods stowed loose. 
 If any goods shall be imported contrary to this section, or if goods 
 contained in the manifest be not on board, the master shall forfeit 
 fifty pounds, unless a satisfactory explanation be given ; but the 
 board of revenue, or any collector under their directions, may ex- 
 cuse the production of the manifest in particular cases. 
 
 4. The master shall produce the manifest to any revenue officer 
 demanding it, who shall come on board after the vessel shall have 
 
 Sding'veiKei. arrived within three leagues of the coast, and he shall also deliver 
 a copy thereof signed by himself to the officer who shall first de- 
 maud it, and the officer shall note on the original and copy the 
 date of production, and shall return the original to the master and 
 transmit the copy to the collector of the port to which the vessel is 
 bound. If the master shall not produce the manifest and dehver 
 a copy in conformity with this section he shall forfeit fifty pounds. 
 
 5. The master of every vessel arriving coastwise with dutiable 
 articles on board, and the master of every vessel arriving from 
 parts beyond the seas, shall at once make a written report at the 
 principal revenue office of the arrival and voyage of the vessel, her 
 name, country and tonnage, and if British the port of registry ; 
 of the name and country of the master, and the number of the 
 crew ; whether the vessel is laden or in ballast, and if laden the 
 marks, numbers and contents of every package, and the particulars 
 of the goods stowed loose ; where the goods were laden and where 
 and to whom consigned, and where any were laden during the 
 voyage, if any such there be, so far as such particulars are known 
 to him ; where the vessel has broken bulk, if at all, during the 
 voyoge, what part of the cargo is intended for importation at that 
 port, and what part at any other port in the province, and what is 
 intended for exportation, and what surplus stores remain on board ; 
 and he shall at the same time dehver the manifest of the cargo 
 where a manifest is requisite, and if required by the officer shall 
 produce the bills of lading thereof or true copies ; and he shall fur- 
 
 Manifest to be 
 
 produced to a 
 revenue officer 
 
 Masters of vessels 
 to report on ar- 
 rival. 
 
TITLE III.] Chap. 16. Sect. 6—10. 45 
 
 ther truly answer all questions connected with the foregoing requh-e- 
 ments that shall be put to him by the officer. If the master shall not 
 in all respects comply with the provisions of this section, or if the 
 manifest or bill of lading or copy thereof be false, or if the goods 
 contained in any biU of lading shall not have been bona fide 
 shipped, or if any bill of lading shall not have been signed by him 
 or under his authority, or any such copy thereof shall not have 
 been received or made by him in either case before leaving the 
 place of shipment, or if any goods be unladen before report made, 
 the master shall for every offence forfeit fifty pounds, and the goods 
 landed without report shall be forfeited. 
 
 6. If part of the cargo be reported for importation at another Dutyofcouector 
 port, the collector shall note the articles delivered at his port on the ^r Mother port. 
 manifest and return it to the master. 
 
 7. If the contents of any package intended for importation into Duly ot collector 
 another port, or for exportation, be unknown to the master, the ^'''^^""e m** 
 officer may open and examine it, and, if deemed advisable for that i^nown. 
 purpose, direct the same to be landed ; and if any prohibited goods 
 
 be found therein, they shall be forfeited. 
 
 8. If a vessel having live stock or perishable articles on deck Live stock or per- 
 shall arrive after business hours, the collector, guager, or any tide m^deoif may be 
 waiter, may permit the master to unlade the same before report ; '^^^'^ ^'""^ 
 but report shall in such case be made as soon as may be after the 
 
 next opening of the office. 
 
 9. The collector may permit the master of any steamboat em- Goods by steam- 
 ployed regularly in the conveyance of passengers, upon due report denS entered" 
 of such boat, to deposit the cargo in a warehouse to be provided by 
 
 the owner or agent of the boat and approved by the collector, the 
 owner or agent having first given general security by bond with 
 two sureties for payment of the full duties of importation on all 
 such goods as shall be at any time so warehoused therein, or for 
 the exportation thereof; and goods so deposited shall be deemed to 
 be on board the importing steamboat, and shall be subject to the 
 same regulations, penalties and forfeitures as if they had not been 
 taken thereout ; and the master or owner of the steamboat shall 
 have the same lien on the goods for freight or other charges as if 
 the same had not been deposited in the warehouse, but shall not be 
 entitled to any rent for the goods so deposited. The owner or con- 
 signee of the goods must make entry thereof within six days from 
 the time of their being deposited in the warehouse. 
 
 10. No rum, brandy, gin or alcohol shall be imported or Liquors how im- 
 brought into the province by sea or inland carriage or navigation, ^'''^^■ 
 
 in any cask or package not capable of containing at least one hun- 
 dred gallons ; nor shall any such liquor in any smaller cask or 
 package be exposed for sale, or be in the possession of any person 
 unless imported previously to the first day of June, one thousand 
 eight hundred and forty-nine, or unless the same shall have been 
 transferred to such smaller cask or package after it shall have been 
 brought into the province, of all which the proof shall be upon the 
 
46 
 
 Chap. 16. Sjbct.^I— ;3., 
 
 [p\^- 1. 
 
 Powers of revenue 
 ofBcers on ship- 
 board. 
 
 Directions in 
 case of partial 
 entry. 
 
 Time and mode of 
 entry. 
 
 party in possession. Any person Qffefl(Jiiig ag£MftSt. apy pf tjie, pjjq- 
 visions of this section shall forfeit ten pounds, for every s^oh ca^k 
 or package, and the liquor shall be forfeited. Nothing ii^ this seC.7 
 tion contained shall apply to any such liquor^ imported into tbg 
 province from Europe, the British "V^est Indies, or ^y of lie 
 British possessions in North America. 
 
 11. Revenue officers may board any vessel arriving^ and stay 
 on board until all the goods intended to be unladen shall have beeii 
 delivered. They shall have free access to every part of the. yes§et, 
 with power to fasten down hatchways, the. foreqa^tle exeeptgd, 
 and to mark and secure any goods, as may be de,em.ed advisable. 
 If any place, box or chest be locked and the keys withheld, ^he 
 officer, if a collector, guager or weigher, may open the same ; a,nd 
 if he be not an officer of that degree he shall send for his superior, 
 officer, who may open the same. If any goods be found concea.led 
 on board, they shall be forfeited. If the officer shall place any 
 mark, lock or seal upon any goods, and the same shall be wilfully 
 altered, opened or broken before delivery of the goods, or if goods 
 be secretly conveyed away, or if hatchways fastened down by the 
 officer be opened or broken by the master or with his assent, the 
 master shall forfeit fifty pounds. 
 
 12. When report shall be made that part only of the goods are 
 intended to be unladen at that port, the entry shall be confined to 
 such goods, and entry outwards coastwise shall be made of the 
 goods intended for any other port ; and on arrival at any such 
 other port, the like proceedings shall be adopted with respect to 
 the goods there to be landed, as hereinbefore directed in respect of 
 the goods landed at the first port. But if at any of the ports the 
 residue of the goods shall be designed to be shipped out of the pror 
 vince, then entry outwards for exportation shall be made, and the 
 regulations applicable thereto attach. 
 
 13. The importer shall, witliin six days after the arrival of the 
 ship, make entry inwards of all goods not intended for exportation 
 in the same ship to parts out of the province, by deUvering to the 
 collector or other proper officer a bill of entry thereof, fairly wri^ 
 ten in words at length, containing the name of the importer anJd 
 of the ship and master, and of the place within the port where the 
 goods are to be unladen, and the situation of the warehouse if the 
 goods are to be warehoused, and the name of the person in whose 
 name the goods are to be entered, with the particulars of the quan- 
 tity and quality of the goods, and the packages containing the 
 same, with their marks and numbers, and whether the goods are of 
 the production of British America or otherwise, and of the num- 
 ber, guage, weight, measure or value upon which duties are pay- 
 able thereon, and shall also, at the same time, dehver two or more 
 duplicates of such entry as may be required by the collector, in 
 which all such sums and numbers may be expi-essed in figures, and 
 the pai'ticulars in all such entries shall be written and arranged as 
 directed by the collector, and one of such duplicate entries signed 
 
liTtlEiti.J CttAp. 16. Shot. 14—20. 47 
 
 by the celleetbr stall 'he the Varraht to the landing tide waiter for 
 the lafiding or delivering of the goods. 
 
 14. No eiitry or permit shall he deemed valid unless the same what & valid 
 sh&,ll eorre'gpond with the ship's report, aind also with the manifest ™'^' 
 aM certificate or other document respectively where the same are 
 feqiiisite, nor unless the goods shall have been properly and parti- 
 Ctirari'y described in suCh entry or permit. 
 
 15. The importer shall at the time of entry of any goods either Duties to be paid 
 pky down the diities thereon, or, having entered the same for ware- hoSa bSe" 
 house, enter into the bonds in that respect prescribed by law, or i"*™" p'™*'^''- 
 oiJierwise a permit shall not be granted for the landing thereof; 
 
 £i,nd the collector or Other ofScer shall secure the same and cause 
 them to be sold at public aiuction within twenty days thereafter, at 
 itt(?h time and place as such ofiicei- shall by at least four days' pub- 
 lic notice appoint for that purpose, and the proceeds shall be ap- 
 plied, first, in payment Of the freight and of the charges occa- 
 iidfied by the securing and sale of the goods, secondly, in pay- 
 nieiit of the duties thereon, and the surplus, if any, shall be paid 
 to the importer or other person authorised to receive the same. 
 
 16. If afay pCrSOii other than the master of the ship shall frau- Penalty for entry 
 dulently make any entry inwards of any goods without authority thoriM ™'' ""'"^' 
 frfjin tbfe rproprietor or consignee, he shall for every offence forfeit 
 
 fifty pounds. 
 
 it. No goods, except such as are charged with duty, according Goods not charge- 
 tb the number, weight, guage, or measure thereof, shall be unladen by number" ^ 
 uMl entry made and permit granted therefor ; nor shall any goods uSfdek.*'"'' ^™ 
 liJe ilniaden excejpt ait a place where an officer is appointed to attend, 
 lihtess authorized by the permit, nOr shall any goods be unladen 
 except in the presence of the officer, or with his permission. But 
 ike board may make regulations for carl-ying goods coastwise. 
 
 18. M goods tiiiladen Contrary to law shall be forfeited. tniatofcrtStei 
 
 19. Where goods are liable to duty, according to the number, oomis chargeawe 
 ■^feiglit, guage, 6i" measure thereof, upon the report of the ship nuanber'wdght, 
 stflil cafgo being taade, the collector shall grant a permit for the &c-.how unladen. 
 uhlkdiiig of 'the goods intended to be landed at such plaCe as shall 
 
 be liibSt cbhVehient to the iinpOrter, and as soon as landed the col- 
 rectoi- ^all caUse the same to be weighed, counted, guaged, or 
 measured, according as the duties are chargeable thereon, and shall 
 cause Caisk's Or packages of spirituous liquors to be marked on their 
 heads, with the name of the place whence they shall have come, 
 with the Coiltents and the guager's surname, or otherwise, as the 
 board shall direct; and shall cause a duplicate return in writing of 
 the Cbiiterfts of each cask or package with reference to the numbers 
 aM marte, signed tiy the guager and weigher, to be filed in the 
 cbllectbr''s oiffice ; and thereupon the importer shall make the entry. 
 if any such goods shall be removed from the place named in the 
 IMdiHg permit, without a ]:embval permit, they shall be forfeited. 
 
 20. If tlie imjloi'ter. Or his agent, shall subscribe a declaraition Entries by bin of 
 W6ie thfetoltecfor, b'r other proper ofec^f, that he cannot, for 
 
 sight in certain 
 cases. 
 
48 Chap. 16. Skct. 21—23. [pa^ i- 
 
 ■want of information, make a perfect entry, the collector may receiye 
 an entry by bill of sight by the best description of the goods that 
 can be given, and grant a permit for the landing thereof, and the 
 same shall be at once landed, and at the expense of the importer 
 searched by the proper officer, and in the presence of the importer 
 if he shall desire it, and within three days after the goods have 
 been landed the importer shall make perfect entry thereof, and 
 in default the goods shall be taken to a warehouse, and if entry 
 shall not be made within one month thereafter they shall be sold,, 
 and the duties thereon, together with warehouse rent and other 
 charges, shall be taken out of the proceeds, and the balance paid 
 to the importer or owner. If any package shall have been landed 
 from a vessel, and goods shall be found concealed therein packed 
 to deceive the revenue officers, the package with all its contents 
 shall be forfeited. 
 Goods abandoned 21. Wholc packages of goods may be abandoned for the duties. 
 d^praeTo^"^ thereon payable, and shall in such case be described in a written 
 notice of abandonment to be given to the collector, and thereupon 
 the same shall be sold as directed by the board, and after payment 
 of charges the duties shall be paid out of the proceeds and the bal- 
 ance be paid into the treasury. 
 Abatement of du- 22. If goods not charged with duty according to the number, 
 damaged^ods. Weight, guagc. Or mcasurc thereof, shall receive damage during the 
 voyage, an abatement of duties shall be allowed proportioned to the 
 damage, provided satisfactory proof be adduced to the board, or 
 officer acting therein under their directions, that the damage was 
 received after the goods were shipped in the importing ship and 
 before they were landed, and provided claim be made on the first 
 examination of the goods. The officers of the revenue shall ex- 
 amine such goods, and may make an abatement of duties propor- 
 tioned to the damage which, in their opinion, they shall have 
 received, but if the officers be incompetent to estimate the damage, 
 or if the importer be not satisfied with the abatement by them, 
 made, the collector shall appoint two experienced and disinterested 
 merchants, who shall, at the expense of the importer, examine the' 
 same and subscribe a declaration on oath before the collector of 
 what, in their opinion, the damage is, and the collector may make 
 an abatement of duties in accordance therewith. 
 Invoices on entry 23. Where dutics are charged according to the value of the 
 vmderoaSif^'^ goods, the importer, or his agent, shall declare on oath what is the 
 invoice price thereof at the place whence they were imported, and 
 that he believes such invoice price is the current value thereat, and 
 shall at the same time exhibit to the collector the original invoices, 
 and certify on oath that they are the original invoices, and that 
 they contain all the dutiable goods imported by, or belonging, or 
 consigned to him in the vessel specified in the entry, to the best of 
 his beUef, or if he has not and cannot procure the original invoices 
 he shall make oath thereof, and account for his want of the same, 
 and shall also state on oath what he believes to be the current 
 
rmE m.] Chap. 16. ^bct. 24—^9. 49 
 
 value of the goods at the place whepcp they were imported, as near 
 as can be ascertained. All such oaths sha,!! be signed by the party 
 attesting, and be token by the collector, or, in case of his absence, 
 by his chief pierk or authorized substitute. 
 
 24. If it shall appear to the collector, or other proper officer, Proceedings 
 that goods Hable to duty according to their value, have been valued aSTa°ued.^'^ 
 below their real value under the last preceding section, he shall 
 
 appoint two persons to examine the same, and such persons shall 
 declare on oath before the collector or other proper officer, at what, 
 in their opinion, the same should have been valued, and the same 
 shall be deemed the real value upon which duties are chargeable. 
 The appraisers shall receive ten shillings each for their valuation, to 
 be paid by the collector, or other proper officer, and charged in his 
 accounts. 
 
 25. The value of goods not chargeable with duties according to Prize goods, du- 
 the number, measure, guage, or weight thereof, brought into die from" wtom f^- 
 province under the denomination of prize goods, or which shall be '^"^*- 
 
 sold by order of the court of vice admiralty, or which shall become 
 forfeited, shall, if the value thereof cannot be ascertained by the 
 means hereinbefore prescribed, be ascertained by the gross price 
 which the same shall bring at public auction. And all such goods 
 whether chargeable to pay duties according to value or to number, 
 weight, guage or measure, shall be sold at public auction within 
 two years after importotion, reasonable notice of the sale being 
 ^yen by the person charged therewith to the collector, and the 
 purchasers shall be considered the importers and pay the duties 
 thereon. 
 
 26. The surplus stores of vessels arriving in this province from surplus stores ua- 
 parts beyond the si^is, shall be subject to the same duties and regu- ^''''' '° *"''^ 
 latio:ns as if imported as merchandize, but if it shall appear to the 
 
 collector that such stores are not excessive or unsuitable under the 
 circumstences of the voyage, he may permit them to be entered for 
 the private use of the master or owner, or of any passenger to whom 
 the same may belong, on payment of the proper duties, or to be 
 warehoused for the fiiture use of the vessel. 
 
 27. Where goods are manufactured or composed of different Goods compound- 
 materials, they shall be charged with the highest duty to which ^^ateriaiM^ies 
 any of the component parts are liable. "" how charged. 
 
 28. No goods shall be imported as from the United Kingdon Goods from sri- 
 or from any British possession, if any advantage attach to such pM^eTsionsmust 
 distinction, imles they shall appear upon the cockets or proper e"^^,*^!"^^'™''' 
 documents to be duly cleared outwards at the port of exportation 
 
 in the United Kii^dom or such British possession, nor unless the ; 
 grounds upon which such adyantoge is claimed be stated in the 
 cocket or document. 
 
 29. Goods which might be imported by sea may be brought by Land-borne goods 
 la>nd or iidand navigation into the province from any adjacent Bri- ''^"^ ^ '° ''"'^' 
 tish colony, and they sha,ll be subject to the same duties, regula- 
 
 lations, pwalties and fprfeitures as the hke goods if imported 
 7 
 
50 
 
 Chap. 16. Sect. '30—38. 
 
 [part i. 
 
 Duties when pay- 
 able at Digby or 
 Annapolis. 
 
 Provisions in case 
 of goods landed to 
 repair vessel. 
 
 Goods sold for 
 salvage may be 
 exempted from 
 duty. 
 
 Wrecked goods 
 liable to duty. 
 
 would be subject to, so far as the same are applicable ; and if any 
 goods sball be brought into the province contrary to this provi- 
 sion, or if they shall be removed from the place appointed for the 
 examination thereof by the revenue officers before the duties thereon 
 shall have been paid, such goods, together with the vessel or car- 
 riage and cattle which shall have brought the same, shall be for- 
 feited. 
 
 30. Vessels entering the gut of Aimapolis may be reported and 
 entered, and the duties on goods therein imported paid, either at 
 the ports of Digby or Annapolis. 
 
 31. If any vessel bound to this province having received da- 
 mage shall put into another port than that to which she shall be 
 bound, having dutiable goods on board which it may be neces- 
 sary to land for the purpose of repairing the vessel in order to ena- 
 ble her to proceed on her voyage, the collector upon application of 
 the master or agent, may permit such goods to be unladen and 
 deposited in a warehouse in the custody of the collector ; and the 
 collector shall cause to be taken an exact account of the packages 
 and contents, and entry of the goods shall then be made by the mas- 
 ter or agent as hereinbefore directed, and they shall remain in the 
 custody of the collector until the vessel is ready for sea, when, upon 
 payment of storage and the reasonable charges of unlading and 
 storing, the collector shall dehver up the same to the master or agent 
 to be exported from the province under the same security and regu- 
 lations as if such goods had been imported in the usual manner, and 
 such goods shall not be subject to duty. No person shall be en- 
 titled to the benefit of this section who shall have sold any of such 
 goods except such as it may have been necessary to sell to defray 
 the expenses of repairs and charges of the vessel, or as may have 
 been authorized by the board. K goods are sold for payment of 
 repairs and chai-ges they shall be subject to duty, and shall be 
 warehoused or the duties thereon paid by the purchaser. 
 
 32. The owner or salvor of dutiable goods saved from the sea, 
 in respect of which any salvage shall have been lawfully awarded 
 or paid or agreed to be paid to the salvors, may sell so much 
 thereof as will pay the salvage, and upon production of the award, 
 or satisfactory proof to the board of such payment or agreement 
 therefor, the board shall allow the sale of goods free of duty, to 
 the amount of the salvage, or to such other amount as to them 
 shall appear proper. 
 
 33. Goods derelict, flotsam jetsam, or wreck, or landed or 
 saved from any vessel wrecked, stranded, or lost, brought or co- 
 ming into the province, shall be subject to the same duties as goods 
 of the Uke kind imported are subject unto ; if of such sort as are 
 entitled to allowance for damage, such allowance shall be made 
 under the direction of the board. If any person shall have in his 
 possession, in port or on land, any such goods, the same being 
 dutiable, and shall not give notice thfereof to the nearest revenue 
 officer without unnecessary delay, or shall not, on demand, pay the 
 
TITLE III.] Chap, 16.. .Sect. 34— 36. 51 
 
 duties thereon, or deliver the same to the proper oiEcer, he shall 
 forfeit fifty pounds. And if any person shall remove or alter, in 
 quantity or quality, any such goods, or shall unnecessarily open or 
 alter any package thereof, or shall ahet any such act befcffe the 
 goods are deposited in a warehouse under the custody of the re- 
 venue officers, he shall forfeit fifty pounds ; and if the duties on 
 such goods are not paid within eighteen months from the time 
 when the same were so deposited, the same may be sold in like 
 manner and for the same purposes as goods imported may in such 
 default be sold. If they cannot be sold for enough to pay the duty 
 they shall be delivered over to the person entitled to receive them, 
 and shall be deemed unenumerated goods, and charged with the 
 lower duty accordingly; but any person having lawful claim to 
 such goods, or being in possession thereof, shall be at liberty to 
 retain the same in his own custody, on giving bond, with two sure- 
 ties approved by the collector, in double the value of the goods 
 for the payment of the duties thereon at the expiration of a year, 
 or to deliver such goods to the proper officer in the same condition 
 as they were at the time of taking possession. Nothing in this 
 section contained shall extend to goods in the custody or under the 
 management of any commissioner for the Isle of Sable. 
 
 34. No goods, except those allowed to be landed without per- and''whcrl' to''T« 
 mit, shall be unladen from any vessel arriving from parts beyond vmiaden. 
 
 the seas, or arriving coastwise with dutiable .goods, on Sundays or 
 holidays, and such goods shall be unladen only in the day time, 
 and between such hours as the board shall appoint, and such goods 
 shall be unladen only in the presence or with the authority of the 
 proper officer, and at the place expressed in the permit ; and no 
 such goods after being unladen shall be transhipped, or after hav- 
 ing been put into any boat to be landed shall be removed into any 
 other boat or craft previously to their beiug landed, without the 
 permission of the proper officer. 
 
 35. The unshipping, carrying, and landing of goods, and the ^e?ter^th"'the 
 bringing the same to the proper place after landing for examina- ''">'^™8 "' s°°^' 
 tion, and the putting the same into the scales and taking them 
 thereout after weighing, shall be performed by or at the expense 
 
 of the importer. 
 
 36. No vessel shaU pass into the Bras d'Or Lake without fii-st J'oTLakrwhe« 
 coming to anchor at the entrance, and making entry of the cargo to enter. 
 
 on board, and paying the duties to the collector appointed to receive 
 the. same ; the master of any vessel passing without making such 
 entry shall be liable to a fine of twenty-five pounds, in addition to 
 any other penalty he may have incurred. 
 
52 
 
 GhaK 17. SEd*. 1-^. 
 
 [PAEX I. 
 
 CHAPTER 17. 
 
 OF THE WAREHOUSING OF GOOPg. 
 
 Section 
 
 1. "Warehouse appointments confirmed. 
 
 2. Warehouses may be established, and orders 
 
 made relating thereto. 
 
 3. Goods may be warehoused, and bonds given. 
 
 4. Groods entered for warehbtiSe forfeited in 
 
 certain casea. 
 
 5. Duty of oC&cer on entry of goods for waxe- 
 
 house. 
 
 6. Goods how stored and secured in ware- 
 
 house. 
 "7. Samples may be taken, 
 8. Owners may do certain acts to goods while 
 
 in warebouse. 
 
 SBCTidiir 
 9. Oooda may be removed from one warthoufe 
 to another. 
 
 10. limitation of time for keeping goods warfe- 
 
 houSed. 
 
 11. How go&dB in warehouse may be transferred. 
 
 12. Penalties for interference With warebbused 
 
 goods, 
 
 13. Duties on goods entered for warehouse irk- 
 
 mitted in certam cases. 
 
 14. Goods entered for warehouse re-entered for 
 
 home consumption. 
 
 15. "Warehoused goods liable for tV^ght. 
 
 "Warehouse ap- 
 pointments con- 
 firmed. 
 
 Warehouses may 
 be established, 
 and orders made 
 relating thereto. 
 
 Goods may ,be 
 warehoused, and 
 bonds given. 
 
 Goods entered for 
 ■warehouse for- 
 feited in certain 
 cases. 
 
 Duty of officer 
 on entry of goods 
 for warehouse. 
 
 1. The appointment of warehouses for the securing of goods 
 liable to duty already established, is confirmed, but may be an- 
 nulled by the board of revenue. 
 
 2. The board may by order establish other warehouses at any 
 warehousing port, and may declare what goods may be warehouse 
 therein, and may ako annul any order establishing such wai-e- 
 houses, but all such orders shall be forthwith transmitted to the 
 governor in council and published. 
 
 3. The importer of any dutiable goods, and the manuiacturer 
 of any spirituous liquors, may warehouse the same without pay- 
 ment of duty on the first entry thereof on entering into a bond to 
 the collector, with two sureties by him to be approved, in double 
 the amount of duties, which bond shall be in the form now in use, 
 and shall be otherwise made and executed as the board may direct. 
 And if any of such goods shall be thereafter entered for home use, 
 the duties thereon shall be paid at the time of such entry, and at 
 the same rate as if then imported and entered for th6 first time. 
 If within two years from the date of the first entry, the goods, or 
 any part thereof, shall be sold, the collector may admit fresh secu- 
 rity by bond with sureties from the purchaser, and cancel the origi- 
 nal bond, or exonerate the parties thereto to the extent of the new 
 security, but such new security shall not be given for a less sum 
 than one-fifth part of the duties mentioned in the condition of the 
 original bond. 
 
 4. If goods entered for warehouse shall not be deposited therein 
 within the time and in the manner directed by the proper oflBcer, 
 or shall afterwards be taken out of warehouse without entry there- 
 for, they shall be forfeited. 
 
 5. Upon entry and landing of any goods to be warehoused, the 
 proper officer shall take a particular account thereof and mark the 
 contents on each package, and en^r ^he same in a book to be kept 
 
tiTLE III.] (Jhap. 17. Sect. 6—10: 53 
 
 for the purpose ; aad no goods warehoused shall be delivered from 
 ■warehouse except upon entry and under care of the proper officers 
 for exportation, or upon entry for home use and payment of the 
 duties. Whenever the whole of the goods warehoused under any 
 entry shall he cleared from warehouse or whenever further time 
 shall be granted for any such goods to remain warehoused, an ac- 
 count shall be made out of the quantity upon which the duties have 
 been paid and of the quantity exported, and of the quantity, to be 
 then ascertained, of the goods still remaining in the warehouse, 
 deducting from the whole the quantity contained in any whole pack- 
 age which may have been abandoned for duties ; and if there shall 
 be any deficiency of the Original quantity, the duty, except as here- 
 inafter provided, payable upon the deficiency, shall then be paid. 
 
 6. Goods warehoused shall, by or at the charge of the owner. Goods how stored 
 be stowed in such manner as that easy access may be had thereto, ™arehouso?'' " 
 under penalty on sueh owner of five pounds for every omission ; 
 
 and they shall be stowed in such parts or divisions of the ware- 
 house and in such manner as the collector shall direct, and the 
 warehouse shall be secured in such manner, and visited only at 
 such times, and in the presence of such officers, and under such 
 regulations, as the collector, under the authority of the board, shall 
 direct. 
 
 7. The collector, under the regulations of the board or in his samples may be 
 own discretion, may permit Samples to be taken of goods warehoused, 
 
 without entry and without payment of duty, except as the same may 
 eventually become payable on a deficiency of the original quantity 
 under the provisions of this chapter. 
 
 8. The collector, under the regulations of the board or in his owners may do 
 own discretion, may permit the proprietor of goods warehoused, at goods wwic in 
 his own expense to sort, separate, pack and repack the same as '""'^ouse. 
 may be necessary for their preservation or more convenient dispo- 
 sal, and under the regulations of the board to draw ofi" liquors into 
 
 bottles or casks, and to mix brandy with wines, and to fill up casks 
 of liquors from other casks thereof respectively in warehouse, and 
 to rack off wines from the lees, or mix wines ; and he may also 
 allow portions of goods so separated to be destroyed, but without 
 prejudice to claim for duty upon the whole original quantity. 
 Whole packages may be abandoned to the collector for duties, and 
 shall not remain liable thereto. No portion of goods less than a 
 whole package shall, however, be taken out of warehouse at any 
 time. 
 
 9. Goods warehoused may, under the authority of the collector. Goods may be re- 
 be delivered on entry without payment of duty except for any de- waJehouse'toam- 
 ficiency, for removal to another warehouse in the same or another ">"■ 
 
 port in the province under bond to the satisfaction of the collector, 
 or such other regulations as the board may make for the re-ware- 
 housing thereof or payment of duties thereon. 
 
 10. Goods warehoused shall be cleared for exportation or en- f^^lf^^°f^''^^^l 
 tered for home use within two years from the first entry thereof ; warehoused. 
 
54 
 
 CflAp. 17. Sect. 11— 15. 
 
 [PAKT I. 
 
 How goods in 
 warehouse may 
 be transferred. 
 
 Penalties for in- 
 terference with 
 warehoused goods 
 
 Duties on goods 
 entered for ware- 
 house, remitted 
 in certain cases. 
 
 Goods entered for 
 warehouse, re-en- 
 tered for home 
 consumption. 
 
 Warehoused 
 goods liable for 
 freight. 
 
 and if not so cleared or entered the collector, unless otherwise di- 
 rected by the board, shall sell the same, and the proceeds shall be 
 applied — first to the payment of warehouse rent and other charges, 
 next of duties, and the surplus, if any, shall be paid to the pro- 
 prietor. 
 
 11. When goods in warehouse are sold, the seller shall give 
 the buyer a transfer note containing the particulars of the goods 
 and the date of sale, and the purchaser shall lodge the same with 
 the Avarehouse keeper, who shall make a minute of the transfer in 
 a book to be kept for the purpose, and which shall be produced on 
 apphcation. If this provision shall not be comphed with, the 
 goods, so far as respects the officers of the revenue, shall be held 
 the property of the seller. 
 
 12. If goods warehoused shall, with the owner's sanction, be 
 fraudulently concealed in or removed from the warehouse, they 
 shall be forfeited ; and if the proprietor, or any person with his 
 knowledge, shall fraudulently open the warehouse or gain access to 
 the goods, except in the presence of the proper officer in the execu- 
 tion of his duty, or shall fraudulently adulterate, reduce or increase 
 the strength of liquors, such proprietor shall, for every offence, 
 forfeit one hundred pounds. 
 
 13. If goods entered for warehouse, or for dehvery therefrom, 
 shall, by unavoidable accident, be lost or destroyed either on ship- 
 board or in the landing or shipping, or the receiving into or dehv- 
 ering from warehouse of the same, or if any such goods shall be 
 destroyed, or, being liquors, shall leak or evaporate while in the 
 warehouse, the board may remit or return the duties thereon, but 
 no abatement shall be made in respect of deficiency in quantity of 
 liquors or of wastage in any article, unless the goods shall have 
 been warehoused six months. 
 
 14. If the importer of any goods entered for warehouse and 
 landed shall, before the same are deposited in the warehouse, fur- 
 ther enter the same or any part thereof for home use or for expor- 
 tation as from the warehouse, the goods so entered shall be con- 
 sidered constructively warehoused, and may be dehvered for home 
 use or for exportation, as the case may be. 
 
 15. Goods warehoused shall continue liable for freight, as if on 
 shipboard. 
 
TITLE III.] 
 
 Chap. 18, Sect. 1—4. 
 
 55 
 
 CHAPTER 18. 
 
 OF THE EXPORTATION OP GOODS AND OP DRAWBACKS. 
 
 a&CTION 
 
 1. Drawbacks allowed. 
 
 2. Warehoused goods exported free of duty. 
 
 3. Salt beef and pork, as sea stores, duty free 
 
 in certain cases. 
 
 4. Whei-e drawback claimed how goods to be 
 
 expoi*ted. 
 
 5. Entry for exportation, how made. 
 
 6. Bond on entry outwards. 
 V. Penalty where unauthorized party entei-s 
 
 goods outward. 
 
 8. "What a valid permit. 
 
 9. Drawbacks allowed, in what cases. 
 
 10. Shipping permit to be certified by guager. 
 
 11. Exportation of goods entered for home use. 
 
 12. Time for receiving duties limited. 
 
 13. What shall cancel bond. 
 
 14. How drawback obtained on goods sent 
 
 coastwise. 
 
 15. Where goods exported in importing vessel. 
 
 16. Entry in such case, how made. 
 
 17. Penalty and proceeding for false report and 
 
 entry. 
 
 18. Proceedings when impoi'ter refuses to com- 
 
 ply with the law. 
 
 19. Officer's duty in case of suspicion. 
 
 20. Trifling differences not to incur a penalty. 
 
 21. Udewaiter may recover his wages from mas- 
 
 Section 
 
 ters of vessels in case of unnecessary 
 delay. 
 
 22. Articles for army and navy exempt from 
 
 duties. 
 
 23. How such articles obtained from warehouse. 
 
 24. Drawback, how obtained on shipment of 
 
 such goods. 
 
 25. Goods shall be guaged and weighed if so 
 
 charged with duty. 
 
 26. If re-landed in the province they shall be 
 
 forfeited. 
 
 27. Officers' wines purchased under license from 
 
 board. 
 
 28. Bond for such wines cancelled, or drawback 
 
 allowed. 
 
 29. Agents may enter goods in certain cases. 
 
 30. No drawbacks allowed after three years. 
 
 31. Agents may export and receive drawbacks 
 
 from peraons abroad. 
 
 32. Board to make iiiles respecting exportation 
 
 of liquors. 
 
 33. Drawback on home manufactui-ed rum. 
 
 34. Goods entered for exportation forfeited if 
 
 re-landed, or not forwarded as cleared. 
 
 35. Penalty for false documents to get Ar&w- 
 
 backs. 
 
 36. Operation of regulations, how suspended. 
 
 1. Whosoever shall export any goods on which on their entry Drawbacks aiiow 
 inwards for home use the duties shall have been paid, shall be en- ^'^' 
 
 titled to a drawback of the whole amount, such goods being of the 
 quantity or value for which a drawback is allowed ; and all draAv- 
 backs shall be under the management of the board of revenue. 
 
 2. All goods warehoused on the importation thereof, may be warehoused 
 exported from warehouse without payment of duty. Tee'^of duty!^^"^ 
 
 3. Salted beef and pork may be delivered out of warehouse and sait beef and pork 
 shipped as stores, without entry or payment of duty, for ships of ^^efilf Sin"^^ 
 sixty tons at the least, bound on a voyage out of the province, the *^^^^^- 
 probable duration of which, out and home, will not be less than 
 
 forty days : but such beef and pork shall be borne on the ship's 
 clearance, and shall be shipped in such quantities and under such 
 regulations as the collector shall direct, and the surplus stores 
 thereof shall be delivered into the charge of the proper officer, to 
 be re-shipped as stores under such regulations as the collector shall 
 direct ; and any such beef or pork shipped contrary to such regu- 
 lations shall be forfeited. 
 
 4. No goods on vrhich, upon exportation, any drawback is in- where drawback 
 tended to be claimed; and no goods intended to be exported from t^lxvon^T'^'^ 
 
56 Chap, 18. Sect, 5—10. {^ abt i. 
 
 the warehouse shall be laden until entry outward shall have been 
 made and permit granted therefor ; and no goods shall be laden 
 except at some place at which an officer is appointed to attend, and 
 except in the presence or with the permission, in writing, of the 
 officer ; but the board may make such other regulations for carry- 
 ing goods coastwise as may be expedient. All goods laden con- 
 trary to the provisions of this chapter, or to any such regulations, 
 shall be forfeited. 
 Entry tor expor- 5. The porsou entering goods outward, for drawback or for ex- 
 portation, or from the warehouse, shall deHver to the collector a 
 bill of entry, written at length, containing the name of the ex- 
 porter, of the ship and of the master, and of the place to which 
 bound, the particular place within the port where the goods are to 
 be laden, the particulars of the quahty and quantity of the goods 
 and the packages, their marks and numbers ; and the collector 
 shall thereupon grant bis shipping permit, which shall be written 
 upon or annexed to a copy of the entry to be made by the ex- 
 porter. 
 Bond on entry 6. Upou the entry outwards of any goods for drawback, or 
 from the warehouse, the exporter shall give a bond in double the 
 duties, with two sureties, that they shall be landed at the place for 
 which they may be entered, or accounted for to the board. 
 Penalty where un- 7. Every pcrsou who shall make entry outwards of goods for 
 enters goods out- drawback, Or for exportation from warehouse, not being the- pro- 
 ''"''■ prietor thereof nor the master of the vessel, shall for every offence 
 
 forfeit fifty pounds. 
 What a valid per- 8. No entry outwards, nor any shipping permit, or permit for 
 taking goods from warehouse for exportation, shall be deemed 
 vahd unless the particulars of the goods and packages shall cor- 
 respond with the particulars in the entry inwards for home use, or 
 in the entry for warehousing, nor unless they shall have been pro- 
 perly described in the entry outwards, by the character, denomi- 
 nation and circumstances under which they were originally charged 
 with duty; and any goods laden or taken out of warehouse by 
 any entry outwards or shipping permit not so corresponding or 
 not properly describing them, shall be forfeited. 
 Drawbacks aDow- 9. A drawback of the whole duties upon goods on which the 
 e in w d cases, ^^^j^g ^j^^^ h&YB been paid, shall be allowed upon any quantity of 
 wine not less than twenty-five gallons, or upon any quantity of 
 spirits or other liquors not less than one hundred gallons, exported 
 in the original packages, and upon any quantity not less than three 
 hundred weight of coffee, or any quantity not less than one thou- 
 sand weight of sugar, or upon any quantity whatever of other arti- 
 cles charged with duty according to the weight thereof if exported 
 in the original package, and upon any amount not less than fifty 
 pounds of the declared value of any articles charged according to 
 the value. 
 Shipping prnnit IQ. Before any goods not exported from the warehouse and 
 ^ager"!'' being charged with duty according to the weight, guage or iaea-. . 
 
TITLE m.] Ghap. 18. Sect. 11—16. 57 
 
 sure, shall be laden for exportation, the shipping permit shall be 
 exhibited to the guager and weigher, who shall thereupon, without 
 fee, guage or weigh them before shipment and certify on the per- 
 mit the weight, guage or measure thereof 
 
 11. So soon as any goods so entered outwards, not being from Exportation of 
 warehouse, shall have been actually laden, the master and exporter lomeiSe.^'' 
 shall make an affidavit annexed to the entry that the goods are 
 
 shipped for exportation and not to be relanded or disposed of in the 
 province, and that the same to the best of their knowledge and 
 belief were part of the stock of the person by whom they were en- 
 tered for home use, and shall specify the office where entered and 
 the date of entry, and that they are of the same quahty, proof and 
 description as when imported, or as described in the entry outwards. 
 
 12. The exporter shall within three months be entitled to re- Time for receiving 
 ceive the amount of the duties at the receiver general's office, if the ''""^^ umited. 
 board shall be satisfied that the goods were exported and not re- 
 landed or consumed in the province. 
 
 13. If within one year from entry outwards there shall be pro- what shau cancel 
 duced a certificate annexed to the slupping permit and signed by ''°°*' 
 
 some principal officer of the customs or colonial revenue at the 
 place to which the goods were exported, or, if such place be a fo- 
 reign country, of any consul or vice consul resident there, or an 
 affidavit annexed to the permit of any person resident at the place 
 and certified by a notary public or magistrate, and in which cer- 
 tificate or affidavit it shall be stated that the goods were actually 
 landed at some place out of the province, or that they were lost, or 
 that the vessel had never arrived at her destination and was sup- 
 posed to be lost, the bond shall be cancelled. 
 
 14. Whenever dutiable goods shall be sent coastwise, the per- how drawback 
 son to whom they are sent may export them and receive the draw- seS'raastwise"*^ 
 back iQ the name of the importer ; but they must have been duly 
 
 entered at the first port for exportation to the second port coast- 
 wise, and the shipping permit granted, in which it shall be stated 
 that the duties have been paid or secured at the first port, the im- 
 porting ship's name, the place whence and the time when they were 
 imported, the marks and numbers of the packages : and all Uquors 
 must be in the original packages. 
 
 15. Whenever portions of cargoes are intended to be exported wiiere goods ex- 
 in the importing vessel, the part intended to be exported shall be fng vessel™''"'" 
 reported and entered outwards without being landed, and the duties 
 
 thereon ascertained by means of the original manifest and invoices, 
 and the shipping permit shall be granted and the bond for expor- 
 tation given. 
 
 16. Upon entering outwards in the importing ship, the person Entiy in such 
 making the entry shall dehver to the officer the original invoice, "^''^ '"''' '°^'^''' 
 and shall answer the questions put to him, and shall verify the 
 
 invoice by the following affidavit : 
 
 " I [name and designation of the parti/] ^'^ swear that the 
 invoice hereunto annexed, is the original iavoice of the goods now 
 8 
 
58 Chap. 18. Sbct. 17— ^i [part i. 
 
 by me entered outwards, foa? exportatioa in the ship called tihfi 
 [ship's name] whereof [master's name] is master, bound to 
 [port of destination] and that such invoice was actually and truly 
 made at the port out of the province where such goods were origi- 
 nally shipped ; and contains, to the best of my knowledge and be- 
 lief, a true account of the quantities and value of every part of th© 
 goods so by me now entered for exportation in the said ship." 
 Penalty and pro- 17. If it shall be discovcred that the report and entry were 
 report?nd"enSy! f^lse, and that there was a greater quantity of dutiable goods la^ 
 den than was reported and entered, the surplus goods shall be for- 
 feited, and the person making the same shall be subject to the 
 penalty by law prescribed for making a false report and entry; 
 and if any part of the goods shall be fraudulently discharged, or 
 unladen within this province, the vessel and the goods, and all 
 things employed in removing them, shall be forfeited ; and all per- 
 sons aiding therein shall forfeit fifty pounds. 
 Pioceedings when ^'^- -'■^ °^® ^^ party making the report and entry shall re^- 
 importer refuses fuge to producc the Original invoice, or to verify it, or to answer 
 the imf! ^ '" the questions, or give the bond, the officer shall cause the goods 
 to be landed at the expense of the importer, and the duties to be 
 secured as directed by the chapter for regulating the importation 
 of goods. 
 Officer's duty in 19. In casc the collector shall doubt the truth of the report 
 case of suspicion, ^j, entry, or of the invoice, he may examine into the contents of 
 the cargo, and the master, officers and crew shall aid the officer in 
 making the examinations ; and in case of refusal to assist, the 
 goods shall be landed and the truth ascertained. The officer may 
 call to his aid three merchants, and if, in their opinion, there shall 
 be cause for suspicion, they shall certify the same, which shall be 
 sufficient to authorize the discharge of the cargo and subsequent 
 examination. 
 Trifling differen- 20. If the difference between the invoice and the return of the 
 penalty!" "™' * guagcr and weigher shall not exceed the difference which frequently 
 occurs between the guage and weights of two different ports, no 
 penalty shall attach. 
 Tidewaiter may 21. If the master of a vessel in which a part of the imported 
 froT^masLT^'of goods are intended to be expoi-ted shall unnecessarily delay unla- 
 vesseis in case of (jjng the goods intended for landing, or, after unlading them, delay 
 
 unnecessary de- i^i t t. i i iH *^ 
 
 lay. longer than ten days proceedmg on the voyage, he shall pay every 
 
 day to the tide-waiter employed the regular wages which would in 
 ordinary cases be chargeable against the government, and the tide- 
 waiter may recover the same before a justice of the peace. 
 Articles for army 22. All wiucs and distiUcd spirituous liquors and brown sugar, 
 fr'om''dutier^"'" flour, bread, cheese, oatmeal, peas, salted suet, vinegar, oil, raisins, 
 currants, salted beef, salted pork, butter and cocoa, imported for 
 the army or navy or naval yard, or any commissary or government 
 contractor, and all prize goods purchased for their use, and all 
 spirituous liquors distilled in the province and supplied for their 
 use, shall be exempted from duties, but they shall be warehoused^ 
 
TITLE III.] Chap. 18. Sect. 23—29. 59 
 
 and when they are intended to he dehvered from the warehouse, 
 the entry shall be made as for home use, and shall state that they 
 are solely for the use of the army or navy, or naval yard ; and a 
 bond with two sureties, and in double the duties, shall be given to 
 deliver them to the persons authorized to receive them for such use, 
 or otherwise to account for them to the satisfaction of the board. 
 
 23. Upon security beiag given, a permit shall be granted, and how such article* 
 such goods shall be delivered from warehouse in presence of the wS^/f" 
 revenue officer, and shall be conveyed and delivered in presence of 
 
 a revenue officer to the commissary or other person appointed to 
 receive the same for the use of the army, or on board of some of 
 her majesty's ships or into the naval yard, and a receipt therefor 
 signed on the permit, and on the return thereof, to be made if re- 
 quired under oath, the security shall be cancelled. 
 
 24. If any of the above enumerated goods shall be shipped for Drawbacks, how 
 such service after the duties have been paid, a drawback of the me^ot sSoh"'' 
 whole duties shall be allowed ; but a permit for the deUvery of ^''°'^^' 
 
 them for such use, specifying the quantities thereof with marks, 
 numbers, or packages containing the same, shall have been first 
 obtained from the collector, and the goods shall be conveyed and 
 dehvered in manner as in the preceding section prescribed for 
 goods taken from warehouse, and the like receipts on the permits, 
 and verification thereof made ; and thereupon the amount of the 
 duties paid thereon shall be repaid from, the provincial treasury. 
 
 25. Where such goods are charged with duty according to the Goods ahau be 
 guage, weight, number, or measure, they shall be guaged, num- ^ifhed^^'^Bo 
 bered or weighed, and marked, and the drawback paid accordingly. "^^"^ """ 
 
 26. If such goods shall be fraudulently relanded in this pro- nre-iandedinthe 
 vince, or apphed otherwise than for such use, they shall be for- shauteforfeited. 
 feited ; and every person concerned therein shall forfeit fifty 
 
 pounds. 
 
 27. The board may, upon the appKcation of the officer in com- oaoers' wines 
 mand of any ship of war about to leave the province, grant a li- ucensf from"*^'^ 
 cense to purchase for the use of the officers so many gallons of wine ^°^^^' 
 
 as shall be approved by the board as adequate to their supply for 
 three months ; and the name of the person from whom such wines 
 are to be purchased shall be therein inserted. 
 
 28. The person selling the wines shall obtain the permit and Bond for such 
 ship them according to the regulations, and the officers for whose OT'drawtSck ai- 
 use they have been purchased shall certify that they are actually '"™''- 
 
 on board of the ship ready for sea, and that no part shall be re- 
 landed. The certificate, with the license, shall be dehvered to the 
 collector, and the bond, on exportation from the warehouse, shall 
 be cancelled; or, if the duties have been paid, the drawback shall 
 be allowed. 
 
 29. If a proprietor of goods shall be resident more than ten miles ji gents may enter 
 from the office of the collector at the port of shipment, he may |™t '" '"''^'" 
 appoint an agent to make his entry and clear and ship his goods, 
 or receive for him the drawback on his certificate of di-awback, if 
 
60 Chap. 18. Sect. 30—36. [part i.- 
 
 payable to him ; but the name of the agent and the residence of the 
 proprietor shall be subjoined to the name in the entry and ship- 
 ping permit, and the agent shall make the declaration on the entry 
 which is required of the proprietor, and shall answer the questions 
 that shall be put to him. Any trading corporation or company 
 may appoint an agent for the like purposes. 
 No drawback ai- §0. No drawback shall be allowed unless the goods be shipped 
 years. within two years after the payment of the duties. 
 
 Agents may ex- 31. If any goods wHch are to be exported for drawback be the 
 diwbTck8"'from property of a person residing abroad, having been consigned to 
 persons abroad, gpjjjg person residing in this province to be exported on account of 
 the owner, such person may, as agent of the owner, enter, clear, 
 and ship them, and receive the drawback thereon. 
 Board to make 32. The board may make rules with regard to the exportation 
 exportation"™/ of any spirituous hquors on which a drawback shall be claimed, and 
 uquors. . jf-Qj. ascertaining the strength thereof for the allowance of the draw- 
 
 back, and for the prevention of fraud. 
 Drawback on 33. Upon the exportation of any rum made within the pro- 
 
 tlwed ?^"*''" vince, and which may have been warehoused, the person exporting 
 it shall be entitled, on the certificate of shipment, to receive from 
 the provincial treasury three pence sterhng per gallon, but the 
 certificate shall not be granted until the requisites of the law con- 
 cerning exportation from warehouse have been fally comphed 
 with. 
 Goods entered for 34. If any goods entered for exportation from warehouse, or 
 feitedTreiand'ed fd' drawback, shall not be duly exported to the place for which 
 they were cleared out, or shall be relanded in this province, such 
 goods not having been duly relanded as short shipped or for other 
 just cause, or shall be carried to New Brunswick or Prince 
 Edward Island not having been entered and cleared direct thereto, 
 such goods shall be forfeited, together with any vessel or boat used 
 in the infringement of this section ; and all persons concerned in 
 the violation of this section shall forfeit double the value of the 
 goods. 
 Penalty for false 35. If any person in this province shall give any document in 
 dra^Mks. *" ^"^^ Writing stating that goods have been landed in the province for the 
 purpose of enabling any person to obtain a drawback thereon in 
 the United States or any of the colonies or provinces of North 
 America, he shall, if unable to prove that the goods specified in 
 such document have paid the duties thereon in this province, for 
 every offence forfeit one hundred pounds. 
 Operation of reju- 36. Upou the representation of the board the governor in 
 pmS ^"^ '"^' council may suspend the operation of any regulation in this chap- 
 ter for so long a time as may be deemed proper. 
 
 or not forwarded 
 as cleared. 
 
TITLE III.] 
 
 Chap. 19. Sect. 1-4. 
 
 61 
 
 CHAPTER 19. 
 
 OF THE PREVENTION OF SMUGGLING. 
 
 Section 
 
 1. Officers of revenue may board vessels. 
 
 2. Officers of revenue may enter and search 
 
 buildings. 
 
 3. Officers of revenue may have a writ of assist- 
 
 ance. 
 
 4. Collectors may enter shops and take ac- 
 
 counts of stock. 
 
 5. Penalty for obstructing officers. 
 
 Section 
 
 6. Proceedings in case of seizure. 
 
 7. Appeal to be allowed. 
 
 8. Condemned articles. 
 
 9. Disposal of proceeds. 
 
 10. Regulations of costs in cases of informations. 
 
 11. Tender of amends. 
 
 12. Penalties upon masters of vessels and others. 
 
 13. Operation of regulations, how suspended. 
 
 1. The oflScers of the revenue may go on board any vessel oiBcers of revenue 
 within any port in the province and search her for prohibited and ^l ''°"* ™^' 
 uncustomed goods, and also on board any vessel being within one 
 
 league of any of the coasts, and stay on board while she remains in 
 port, or within such distance ; and if she shall continue hovering 
 for twenty-four hours after the master shall have been required to 
 depart, the officer may bring her into port, and search her and 
 examine her cargo, and examine her master upon oath touching 
 the cargo and voyage ; and if there be any prohibited goods on 
 boai-d, the ship and cargo shall be forfeited ; and if the master 
 shall not answer the questions demanded of him, or shall not truly 
 answer the same, he shall forfeit one hundred pounds. 
 
 2. Any revenue officer, having first made oath before a justice officers of revenue 
 of the peace that he has reasonable cause to suspect goods liable to SS^chbSiatogs. 
 forfeiture to be in any particular building, may, in company with 
 
 the justice who is hereby required to accompany liim, enter such 
 building at any time between sunrise and sunset ; but if the doors 
 are fastened, then admission shall be first demanded and the pur- 
 pose for which entry is required declared, when, if admission shall 
 not be given, the justice shall order the officer forcibly to enter ; 
 and when, in either case, entry shall be made, the officer shall 
 search the building and seize all forfeited goods. 
 
 3. Under the authority of a writ of assistance, which, upon officers of revenue 
 application of the board of revenue and due cause shewn, shall be SsisSice"" 
 granted by the supreme court or by any judge thereof and be in 
 
 force for three months, any revenue officer, taking with him a 
 peace officer, may enter any building or place in the day time, and 
 search for and seize any goods liable to forfeiture, and if neces- 
 sary for that purpose, break open any doors and packages. 
 
 4. Every collector may at any time between sunrise and sun- couectors may 
 set enter into any building of any person dealing in dutiable goods, take accounts of 
 and take an account of his stock ; and if he shall refuse to open the '""=''• 
 
 door, or shall obstruct the officer, he shall forfeit one hundred 
 pounds. 
 
62 
 
 Chap. 19. Sect. 5—8. 
 
 [part I. 
 
 Penalty (or ob- 
 Btructing oflBcers. 
 
 Proceedings in 
 cases of seizure. 
 
 Appeal to be 
 allowed. 
 
 Condemned arti- 
 cles. 
 
 5. If any person shall obstruct a revenue ofiScer employed as 
 hereinbefore mentioned, or any person assisting him, he shall be 
 guilty of a misdemeanor and be punished in the discretion of the 
 court. 
 
 6. All seizures under the revenue laws shall be forthwith 
 placed in custody of the nearest collector, and by him secured un- 
 der the directions of the board, and shall be held to be condemned 
 and may be sold without further proceeding, unless the person from 
 whom they were seized, or the owner of them, or some pei'son on 
 his behalf, shall within one month from the seizure give a written 
 notice to the seizor or to the collector in whose custody they are, of 
 claim thereto. If claim be made within the month, then, subject 
 however to the control of the board, the collector shall forthwith 
 thereafter have the articles valued by three sworn appraisers, who 
 shall sign the valuation ; and if it shall amount to forty pounds or 
 upwards an information shall be filed in the supreme court, other- 
 wise an information in writing, if the seizor thinks proper so to 
 proceed, may be exhibited in the name of the collector before two 
 justices of the peace, charging the articles seized as forfeited under 
 some particular section and chapter to be therein referred to, and 
 praying condemnation thereof; and the justices shall thereupon 
 issue a summons for all persons claiming interest in the seizure to 
 appear at a certain time and place, there to claim the articles or 
 ans\\er the information, otherwise the articles will be condemned ; 
 and a copy of the summons shall at least eight days before the time 
 for appearance, be served upon the person from whose possession 
 the things were taken, or shall be left at or afBxed to the building, 
 or vessel if there remaining, or at two pubhc places nearest the 
 place of seizure. If any person shall appear to answer the infor- 
 mation, the justices shall hear and determine the matter and acquit 
 or condemn the articles ; but if no person appear, judgment of con- 
 demnation shall be given. The justices on condemnation, shall 
 issue a warrant to the collector to sell the goods. 
 
 7. If either party be dissatisfied with the decision of the jus- 
 tices, he may appeal to the supreme court at its next sitting in the 
 county ; and such appeal shall be allowed upon security by bond 
 being given to the satisfaction of the justices to abide the decision, 
 which security, if the claimant appeal, shall be in double the ap- 
 praised value of the articles, but not less in any case than twenty 
 pounds ; and if the prosecutor appeal the security shall be in twenty 
 pounds ; and the proceedings shall be sent to the supreme court, 
 which shall hear and determine the matter in a summary manner, 
 and confirm or reverse the judgment with or without costs ; and, 
 if there be judgment of condemnation, shall order the-saie of the 
 articles. 
 
 8. Where articles are condemned and hable to be sold, the col- 
 lector shall forthwith sell the same at public auction, giving at 
 least five days' notice thereof by advertisements posted up in at 
 least five of the most pubhc places in the county, or such other 
 
TITLE m.] Chap. 19. Sbct. 9—13. 63 
 
 notice as the board may direct ; but tbe board, instead of sncli sale, 
 may direct articles to be destroyed. 
 
 9. The collector out of the nett proceeds of the sale, after paying Disposal of pro- 
 the expense of the proceedings, shall pay one-third part to the seizor, '^'"^'^^' 
 another third to the overseers of poor of the place where the seizure 
 
 was made, and the remainder as the board shall direct ; and the 
 board may thereout grant a further sum to the seizor, or may re- 
 compense the informer or any person assisting in the seizure. 
 
 10. If on the trial of any information or suit brought on Eeguiations as to 
 account of any seizure made under this chapter judgment shall Stom^tioM!' °'" 
 be given for the claimant, and the judge or court before whom the 
 
 cause is tried shall certify on the record that there was probable 
 cause of seizure, the claimant shall not be entitled to costs nor 
 shall the seizor be Hable to any suit or prosecution on account of 
 the seizure : aud if on the trial of any suit or prosecution brought 
 against any person on account of any such seizure, judgment shall 
 be given against the defendant, but the judge or court shall certify 
 that there was probable cause for the seizure, then the plaintiff, 
 besides the thing seized or the value thereof, shall not be entitled 
 to more than two pence damages, nor to any costs, nor shall the 
 defendant in such prosecution be fined more than a shilling. 
 
 11. The ofiicer may, within a month after notice, tender Tender of amends. 
 amends to the party complaining, or his attorney or agent, and 
 
 may plead such tender. 
 
 12. The master and owner of any vessel in which dutiable Penalties upon 
 goods shall have been imported from any of the British possessions Sandothers'. 
 in- North America, such goods not having been warehoused or the 
 
 (kiti^ paid thereon according to law, shall, over and above all 
 other penalties to which they are liable, each severally forfeit for 
 every offence not less than ten nor more than one hundred pounds, 
 and shall also be jointly and severally hable for the duties ; and 
 every person concerned in exporting from any of such British pos- 
 sessions to this province, or in bringing in, importing, landing or 
 receiving into this province, or having knowingly in his possession 
 any such goods whereon the duties have not been paid, or which 
 have not been warehoused, shall, for every offence over and above 
 all other penalties to which he is Hable, forfeit not less than ten 
 pounds nor more than one hundred pounds, and be hable for the 
 duties. 
 
 13. Upon the representation of the board, the governor in operation of regu^ 
 council may suspend the operation of any regulation in this chap- pended. 
 
 ter for so long a time as may be deemed proper. 
 
64 
 
 Chap. 20. Sect. 1—5. 
 
 [part I. 
 
 CHAPTER 20. 
 
 OF THE REGULATION OP DISTILLERIES. 
 
 Section 
 
 1. Accounts of distilleries to be furnished week- 
 
 ly under oath. 
 
 2. Duty to be paid on liquors warehoused. 
 
 3. Powers of revenue ofl&cers. 
 
 4. Liquors not reported, forfeited. 
 
 5. Liquors may be sold for duties. 
 
 6. penalty and forfeitures for possession, with- 
 
 out permit. 
 
 Sbction 
 
 7. Officers to be kept on superintendance. 
 
 8. Duty of officers. 
 
 9. Their remuneration. 
 
 10. Penalty for neglect of duty. 
 
 11. Regulations may be made by board. 
 
 12. Penalties for disobedience. 
 
 13. Penalties, how recovered and applied. 
 
 Accounts of dis- 
 tilleries to be fur- 
 nished weekly 
 under oath. 
 
 Duty to be paid 
 on liquors ware- 
 housed. 
 
 Powers of revenue 
 officers. 
 
 Liquors not repor- 
 ted, forfeited. 
 
 Liquors may be 
 sold for duties. 
 
 1. The owner or manager of every establishment where spiri- 
 tuous liquors are made, shall every Saturday render to the nearest 
 collector of the colonial revenue an account of the spirituous Hquors 
 made at the establishment since the last preceding account, and 
 shall subscribe before the collector the following oath : 
 
 "I, A. B., do swear that the account which I have now ren- 
 dered and subscribed is a correct account of all the spirituous 
 
 hquors made at the estabhshment of since the day 
 
 of , and that no spirituous liquors, to my beUef, have been 
 
 removed from the establBhment without being guaged according 
 to law, or without a permit from the collector of the colonial re- 
 venue for the district." 
 
 2. Entry shall at the same time be made of the hquors and the 
 duties thereon paid, or the liquors warehoused. If the duties are 
 paid, the collector shall give a removal permit in the following 
 form: 
 
 " Permit A. B. to receive from the stock of the follow- 
 ing liquors made by him, that is to say : . 
 
 " Given under my hand at this day 
 
 of , A. D. 18—. 
 
 "CD., Collector." 
 No such spirituous liquors, if of the value of five pounds, shall 
 be removed or transferred to another person without the removal 
 permit. 
 
 3. For investigating into the correctness of the accounts, and 
 for ascertaining the true quantity of liquors made at any establish- 
 ment, the revenue ofScers shall have the same power as by law 
 conferred with respect to dutiable goods imported. 
 
 4. K any such spirituous liquors shall be found in any esta- 
 bhshment after the day on which the same ought to have been re- 
 ported, without having been reported and entered, the same shall 
 be forfeited. 
 
 5. If the duty on entry for home use be not paid within twenty- 
 four hours thereafter, the collector or other officer shall take the 
 liquor into his custody, and shall yrithin fifteen days seU at public 
 
TITLE III.] Chap. 20. Sect. 6—12. 65 
 
 auction, giving ten days public notice thereof, so mucli of the 
 liquors as shall suffice to pay the duties on the whole, with the 
 charges of storage and sale, and shall pay the surplus monies and 
 deliver the remaining liquor to the person entitled thereto. 
 
 6. If any such spirituous liquors shall be found in the posses- Penalty and tor- 
 sion of any person other than the maker, or laden on any carriage slSn, '^thout 
 or animal, or on board any vessel or boat, without the duties '^"^™"- 
 thereon having been paid, or without the removal permit when re- 
 quired, the person in possession shall forfeit fifty pounds, and the 
 
 liquor, carriage, animal, vessel or boat, shall be forfeited. The 
 duty shall be deemed unpaid until the contrary be shewn. 
 
 7. The board of revenue shall employ officers for attending the oracers to be kepi 
 manufactories or distilleries, so that one officer shall always be pre- dence!^^'" '^''" 
 sent at every manufactory or distillery while in operation ; and 
 
 the officers under the direction of the board, or of the collector, 
 shall be employed alternately in superintending the progress of the 
 manufactory or distillery, and shall report the same at least twice 
 a week to the collector. 
 
 8. The officers shall be sworn by the collector, faithfully to Duty ot officers. 
 attend the estabhshment to which they may be appointed, and to 
 
 report to the collector, to the best of their behef, all quantities of 
 spirituous hquors made thereat, and to use their utmost exertion 
 in preventing evasion of the revenue laws. 
 
 9. The officers shall be entitled to receive from the treasury, iheii- remmera- 
 on the certificate of the board, at the rate of five shillings a day "°°' 
 
 while actually employed. 
 
 10. If an officer shall absent himself from the estabhshment to Penalty tor ncg- 
 which he may have been appointed while at work, or shall in any '^'^ ° "'^' 
 way Qonnive at an evasion of the revenue laws, he shall be forth- 
 
 mth dismissed from office, and forfeit fifty pounds. 
 
 11. The board may make regulations respecting the atten- Regulations may 
 dance of the officers, and the seasons of the year and hours at iJoard.'^'^ ^^ 
 which distilleries and manufactories shall be allowed to work, and 
 
 for checking frauds therein, for the supervision of the buildings in 
 which the same are conducted when not in operation as well as 
 when at work, and for keeping closed such buildings when the 
 manufactory or distillery may not be in operation, and for the ex- 
 penses incident thereto, and for searcliing for concealed pipes and 
 other secret means by which fraud may be perpetrated, and with 
 that object for opening doors or windows, or otherwise entering 
 buildings, and taking down and removing partitions and other im- 
 pediments to search which it may be proper to take down or re- 
 move for that pujcpose, and also for making the owners or occu- 
 piers of the buildings, when fraud shall be detected, hable for the 
 expenses incident thereto, and generally for insuring a faithful ac- 
 count of the duties payable, and for carrying into effect the pro- 
 visions of this chapter. 
 
 12. Manufacturers and distillers shall observe the regulations J'^™|'^j,';f *""^''°" 
 made under the preceding section, and give free access to the offi- 
 
 9 
 
66 
 
 Chap. 21. Sect. 1—6. 
 
 [part I. 
 
 Penalties how re- 
 covered and ap- 
 plied. 
 
 cers at all times, by clay or by night, when required ; and any 
 manufacturer or distiller who shall not obey such regulations, or 
 shall impede the officer in the execution of his duty, shall for every 
 offence forfeit fifty pounds. 
 
 13. Penalties under this chapter shall be sued for in the name 
 of the collector, and be apphed as the board may direct. 
 
 CHAPTER 21. 
 
 OF LIGHT HOUSE DUTIES. 
 
 Section 
 
 1. Light duties on provincial vessels, how se- 
 
 cured. 
 
 2. Light duties on other vessels. 
 
 J. Light duties on vessels passing through 
 Canso. 
 
 Section 
 
 4. Vessels in government employ esempted. 
 
 5. Collector's commission. 
 
 6. I'enalty for non-payment, 
 v. Seizure authorized. 
 
 8. Bate and limitation of chapter. 
 
 Light duties on 
 provincial vessels, 
 how secui-ed. 
 
 Lisht duties on 
 other vessels. 
 
 Light duties on 
 vessels passing 
 through Canso. 
 
 Vessels in goVL-rn- 
 ment employ ex- 
 empted. 
 
 Collector's com- 
 mission. 
 
 Penalty for non- 
 payment. 
 
 1. Vessels registered in the province shall on their first voy- 
 age pay six pence per ton to the collector of the colonial revenue 
 or other person in that behalf appointed by the governor in coun- 
 cil, who shall deliver to the master a certificate thereof, which 
 shall exempt the vessel from further payment until the first day of 
 April then next ; and such vessel shall not be cleared at the cus- 
 tom house without production of the certificate ; but new vessels 
 leaving the province on their first voyage and intended for sale 
 shall be exempted from duty unless they again return ; and new 
 vessels cleared on their first voyage after the first of September 
 shall be exempted from further payment of duty until the first of 
 April next following on payment of one-half the amount of the 
 above duty. 
 
 2. Other vessels coming into the province shall pay, on enti-y, 
 six pence per ton to the collector or other person appointed as 
 hereinbefore mentioned, who shall grant a certificate thereof which 
 shall exempt them from further duty until the first day of April 
 then next. 
 
 3. Vessels passing through the straits of Canso without the 
 certificate hereinbefore mentioned, shall pay six pence per ton ; and 
 a certificate thereof shall be granted which shall exempt them from 
 fui-ther payment until the first day of April then next. 
 
 4. This chapter shall not extend to vessels or steamers belong- 
 ing to or in the service or employment of her majesty's govern- 
 ment, excepting steamers not belonging to her majesty and carry- 
 ing mails, which shall pay duty. 
 
 5. The person receiving the duty shall pay the same into the 
 provincial treasury, deducting five per cent, for his commission. 
 
 6. If the master of any vessel liable to dutiei? hereunder shall 
 
TITLE III.] 
 
 CSAP. 22. Sect. 1—3. 
 
 67 
 
 refuse to pay or depart without paying the same, he shall forfeit 
 five pounds ; to be recovered with the duties in the name of the 
 oflBcer. 
 
 7. If the master shall not pay the duty when duly demanded, 
 the officer shall seize the vessel and detain her until the same, to- 
 gether with the penalty of five pounds, is paid. 
 
 8. This chapter shall come into operation on the first day of Date and iimita- 
 April in this present year, and shall remain in force until the first "°" " " "'""■ 
 of April one thousand eight hundred and fifty-two. 
 
 Seizure authov- 
 ized. 
 
 CHAPTER 22. 
 
 OF LICENSES EOR THE BALE OE INTOXICATING LIQUOKS. 
 
 Section 
 
 1. Date and limitation of chapter. 
 
 2. Clerk of Licenses, how appointed. 
 
 3. Penalty for sale of liquors without license. 
 
 4. Licenses how obtained. 
 
 5. Licenses to be of three kinds. 
 
 6. Form of licenses. 
 
 7. Duties on licenses. 
 
 8. Duties when paid ; bonds requu-ed. 
 
 9. Free licenses in certain cases. 
 
 10. Justices not to hold tavern license. 
 
 11. Physicians may sell without hcense. 
 
 12. Licenses to be registered. 
 
 13. Pees of clerks of peace, and licenses. 
 
 14. Signs to be erected. 
 
 15. Penalty for erecting signs illegally. 
 
 16. Penalty for keeping disorderly house. 
 
 17. Penalty for selling liquors on Sunday. 
 
 18. Duty of persons holding shop license. 
 
 19. Quantity less than a gallon, price not reco- 
 
 verable. 
 
 20. Warrants of restitution for servants, &c. 
 
 Section 
 
 21. Married women and servants liable for pe- 
 nalties in certain cases. 
 22 Clerks of licenses to visit taverns and en- 
 force the law. 
 
 23. Clerks of licenses ; then* commissions. 
 
 24. Clerks of licenses ; their accounts, how and 
 
 where rendered. 
 
 25. Penalties by whom and how recovered. 
 
 26. Penalties to whom paid. 
 
 27. Clerk of hcenses a witness In his own suit in 
 
 certain cases. 
 
 28. Appeals how allowed and prosecuted, 
 
 29. Witnesses ; penalty for non-attendance. 
 
 30. Clerk of hcenses how indemniiied against 
 
 costs. 
 
 31. Variances and technical objections provided 
 
 for. 
 
 32. Halifax city controlled by act of incorpora- 
 
 tion. 
 Forms. 
 
 1. This chapter shall come into operation on the first of April Date and limita- 
 one thousand eight hundred and fifty-one, and shall continue in tion of chapter. 
 force until the first of April one thousand eight hundred and fifty- 
 two. 
 
 2. The grand jury shall annually present the names of three ^lerk of licenses 
 persons, of whom one shall he appointed by the sessions to fill the ^^^^ appointed. 
 office of clerk of the licenses, and who shall give bonds to her ma- 
 jesty, with such sureties and in such penalty as the sessions may 
 
 direct, for the faithful performance of his duties, and shall be sworn 
 into office ; and such officer shall be appointed although no licenses 
 be granted in the county. 
 
 3. No intoxicating liquors shall be sold in quantities less than Penaityforsaieof 
 ten gallons to be dehyered at one and the same time, unless in the 
 
 liquors without li- 
 cense. 
 
68 Chap. 22. Sect. 4—14. [part i. 
 
 original package in -vvliich imported, or by license, under a penalty 
 not less than tvrentj shillings nor more than twenty pounds for 
 every offence ; and no such hquors shall be sold in the city of 
 HaHfax without hcense, unless in the original package in which the 
 same are imported. 
 Licenses how ob- 4. Licenses may be granted by the sessions upon the recom- 
 lained. mendation of the grand jury, except in the city of Hahfax, where 
 
 they may be granted agreeably to the act incorporating the city ; 
 but such recommendations may be rejected in whole or in part by 
 the sessions. 
 Licenses to be of 5. Liccnscs shall be of three kinds, viz : tavern hcenses and 
 shop hcenses. In the city of Halifax and town of Pictou there 
 may be also general licenses granted to persons holding tavern or 
 shop licenses. 
 Formofucensts. 6. Licenses shall be in the form in schedule A. 
 Duties on licenses 7. The dutics On liceuscs shall be as follows : 
 
 On tavern licenses, five pounds ten shillings : and 
 On shop hcenses, three pounds ; and 
 
 L^pon general hcenses, when granted to a person holding a 
 tavern Hcense. one pound ; and when granted to a person holding 
 a shop hcense, three pounds ten shilhngs. 
 Duties wiien paid, 8. Evory person to whom a hcense shall be granted, shall, be- 
 bonds reciimefl. ^^^.g receiving the same, pay down the whole duties ; and also enter 
 into a bond with two sureties, in the form in schedule B, which 
 bond shall be prepared by the clerk of the licenses, and when exe- 
 cuted shall be filed by the clerk of the peace, 
 j'l-ee licensee in 9. Licouses may be granted free of duty, or upon payment of 
 certain ca.se3. ^ j^^^ ^^^^ ^^^^ -j^^ j^^^^ imposcd, to pcrsous Uviug ou public roads 
 
 little frequented, to encourage them in keeping pubhc houses for 
 the accommodation of travellers, 
 hold' tavern 10. ISTo justico of the poace shall hold a tavern license. 
 
 11. Physicians or apothecaries may sell intoxicating hquors 
 for medical purposes only, without license. 
 
 12. The clerk of the peace and clerk of the licenses shall each 
 gi'st'ered. register in a book a list of licenses, with the dates thereof, the 
 
 names, additions, and residences of the parties hcensed, and a 
 memorandum of the houses or shops for which the hcenses are 
 granted, and of the bonds taken and the amounts of duty paid ; 
 and such books shall be exhibited to the sessions and grand jury 
 when requu-ed by either. 
 
 Tees of clerics of 13. The clcrk of the peace and clerk of the hcenses shall each 
 receive five shillings irom the party hcensed m full for all their 
 respective ser'^dces connected with every hcense. 
 
 Signs to be erect- 14. If any pcrson holding a tavern license shall not, within ten 
 days after obtaining the same, place a sign on the tavern, with his 
 name thereon, importing that liquors are there to be sold ; and 
 where holding a tavern license without a general hcense, that en- 
 tertainment for man and horse can be there had, he shall forfeit a 
 sum not exceeding five pounds, and the neglect to do so for every 
 ten days after evei'y conviction shall be deemed a fresh offence. 
 
 license. 
 Physicians may 
 iiell witliuut li- 
 
 Licenses to be re- 
 
 peace, i: licenses. 
 
 ed. 
 
TITLE m.] Chap. 22. Sect. 15—21. 69 
 
 16. If any person not having a license shall place on any Penalty for ereci- 
 building, or in the neighborhood thereof, any inscription importing "s signs niegaiiy. 
 that intoxicating hquors may be had there, he shall forfeit a sum 
 not exceeding five pounds, and every continuation of the same for 
 ten days after conviction shall be deemed a fresh offence. 
 
 16. If any person holding a tavern license shall not maintain penalty for keep- 
 good order on the premises, or if he shall permit raffing or gam- £3*'.'"'"''^ 
 bling thereon, or shall on the Sunday permit persons other than 
 
 lodgers or persons coming for necessary victualling only, to remain 
 about the premises drinking or idly spending their time, or, where 
 not holding a general license also, shall permit any thing other 
 than victuals or drink usually consumed in a tavern to be exposed 
 for sale on the premises, or shall not have reasonable accommoda- 
 tion for travellers and their horses, cattle and conveyances, he 
 shall forfeit his license, or a sum not exceeding ten pounds, for 
 every offence, in the discretion of the court before which he shall 
 be convicted. 
 
 17. If any person holding any license shall sell any intoxica- Penalty for selling 
 ting liquors on Sundays, except in the case of tavern keepers to '"'™"™ ™''*'5'- 
 lodgers on the premises, he shall incur the like forfeiture as in the 
 
 last section mentioned. 
 
 18. No person holding a shop license only shall sell less than Buty of persons 
 one quart of intoxicating liquors, to be delivered at one and the ceis"^ ^^"^ ''" 
 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 in the sixteenth section men- 
 tioned. 
 
 19. No person shall recover or be allowed to set off any charge Quantity less than 
 for intoxicating hquors, unless it be for a quantity not less than recoverable" ™' 
 one gallon, delivered at one and the same time. And all special- 
 ties, bills, notes, or agreements, given in whole or in part to secure 
 
 any such charge, shall be void. But nothing herein contained 
 shall extend to any charge made by a person holding a tavern li- 
 cense only, against any boarder or traveller. 
 
 20. If any person holding a tavern licence shall purchase from warrants ot res- 
 any servant or common laborer, any wearing apparel, tools or im- yants" &?' *"" 
 plements of trade or husbandry, or household goods, or furniture 
 
 made up, or shall receive from any person any goods in pawn, a 
 justice of the peace, upon sufficient proof on oath of the fact, may 
 issue his warrant for restitution of the property and payment of 
 the costs ; and in default thereof, for levy and sale of the offenders 
 goods for double the value of the property and costs, and the 
 offender shall also be liable to a penalty of forty shilhngs. 
 
 21. Married women and servants concerned in any breach of Married women 
 this chapter shall be liable for the penalty thereto attaching, as if we for penalties 
 they were unmarried women or principals, provided the husbands '" "'''^'" ''^'^'' 
 or masters shall not have been prosecuted for the same offence, 
 
 and upon any conviction of a married woman or servant under this 
 section the husband or master shall not be afterwards sued for the 
 same offence. 
 
70 
 
 Chap. 22. Sect. 22—29. 
 
 [PAET r. 
 
 Clerks of licenses 
 to visit taverns 
 and enforce the 
 law. 
 
 Clerks of licenses; 
 their commis- 
 sions. 
 
 Clerks of licenses ; 
 their accounts 
 how and where 
 rendered. 
 
 Penalties by 
 whom and how 
 recovered. 
 
 Penalties to whom 
 paid. 
 
 Clerk of licenses a 
 witness in his own 
 suit in certain ca- 
 
 Appeals how al- 
 lowed and prose- 
 cuted. 
 
 Witnesses ; pe- 
 nalty for non- 
 attendance. 
 
 22. The clerk of the licenses may, whenever he sees fit, visit 
 the premises of persons holding tavern licenses, to see that the pro- 
 visions of this chapter are comphed with, and he shall prosecute 
 offenders against such provisions ; and if any person shall obstruct 
 him in the exercise of his duty he shall forfeit a sum not exceed- 
 ing five pounds, and may also be indicted for a misdemeanor, and 
 fined and imprisoned in the discretion of the court. 
 
 23. Clerks of the licenses shall be entitled to retain on the 
 duties collected the following commissions, viz : in the city of HaU- 
 fax five per cent., and elsewhere seven and a half per cent. ; but in 
 Halifax the city clerk of licenses shall not in any one year receive 
 more than one hundred and fifty pounds from his fees and com- 
 missions, and the balance, if any, shall be paid over to the city 
 treasurer. 
 
 24. Clerks of the licenses, except the city clerk of Halifax, 
 shall render a half yearly account to the county treasurer of all 
 duties collected, and of all penalties or portions thereof payable 
 into the county treasury, which may have come into their hands, 
 together with a statement of all judgments obtained for penalties, 
 so far as shall have come to their knowledge, and which may be 
 unsatisfied ; and shall at the same time pay over such duties, de- 
 ducting their commissions, and all such penalties as may belong to 
 the county. 
 
 25. Penalties under this chapter may be recovered in the name 
 of the clerk of the hcenses, 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 upon conviction such conviction shall be en- 
 dorsed upon or annexed to the original summons in the form in 
 schedule D., and the same when signed by the justices shall be 
 held a valid conviction. 
 
 26. Penalties under this chapter shall be paid, one half to the 
 person sueing, and the other half into the county treasury, or, if 
 in Halifax, into the city treasury. 
 
 27. The clerk of the hcenses shall, although the suit be insti- 
 tuted in his own name, be a competent witness ; but, in such case, 
 if he succeed, the whole penalty shall be paid into the county trea- 
 sury, or, if in Halifax, into the city treasury. 
 
 28. Appeals from the decision of the justices for any penalty 
 Or forfeiture incurred under this chapter shall be granted in the 
 same manner as under the chapter respecting summary trials be- 
 fore justices of the peace ; but before a new trial shall be granted 
 the appellant shall shew by affidavit some error in the proceedings 
 below either in law or in fact, and upon his failure so to do the 
 court shall confirm the judgment with costs, and in case of grant- 
 iog such new trial the court may impose such terms on either party 
 as may best promote the ends of justice. 
 
 29. If any person subpoenaed as a witness in any suit or pro- 
 secution under this chapter shall not attend at the time and place 
 
TITLE iii.J Chap. 22. Sect. 30—32. 71 
 
 mentioned in the subpoena, without just cause, to be allowed by 
 the court or justices before whom the suit or prosecution shall be 
 had, or having attended shall depart without permission of the 
 court or justices, or shall refuse to be sworn or give evidence on 
 the trial, he shall forfeit a sum not exceeding ten pounds, to be 
 levied by warrant of distress from the court or justices on the 
 oflFender's goods, and for want of such distress such person shall be 
 committed to jail for a period not exceeding three months, or until 
 the amount be paid ; but no person shall be obliged to attend or 
 give evidence on any such trial until paid his fees for travel and 
 for attendance. 
 
 30. In suits instituted by a clerk of the hcenses where the cierkofucenses 
 justice before whom the trial is had shall give judgment for the against costs. 
 prosecution, or if he give judgment for the defendant shall certify 
 
 there was reasonable! ground to commence 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 levied by assess- 
 ment or amercement on the county. 
 
 31. No judgment shall be withheld on account of variance be- variances a^a. 
 tween the proof and the summons, if it appear to the satisfaction ttons^providedfor. 
 of the justice trying the cause that the defendant was aware of the 
 
 real cause of complaint, but if the justice see fit for this cause he 
 may continue the trial to another day, and no judgment shall be 
 set aside for any such variance, or from any formal objection. 
 
 32. The provisions of this chapter, so far as respects the city Halifax city con- 
 of Hahfax, shall be controlled by the act concerning the city of incorpmation." 
 Halifax, passed or to be passed in the present session. 
 
 A. 
 
 County of 
 
 Forms. 
 
 License office. Tavern hcense. 
 
 License is hereby granted to , of , in the county 
 
 of , to sell and retail in a tavern, to be kept in the house 
 
 wherein he dwells, situate [here describe parlkalarly the situation 
 of the premises, \ intoxicating hquors conformably to law. 
 
 This hcense to remain in force until the end of the next 
 
 sessions to be held in such county, subject to forfeiture for breach 
 of the law. 
 
 Given under my hand as clerk of the Hcenses for the said 
 
 county, this day of , A. D. 18 — . 
 
 A. B., clerk of the licenses. 
 By order of the sessions, security having been given as required 
 by law. 
 
 C. D., clerk of the peace. 
 
 County of ■ 
 
 License office. Shop hcense. 
 License is hereby granted to , of — , in the county 
 
72 Chap. 22. [paet i. 
 
 of , to sell in a shop to be kept in tlie building occupied by 
 
 bini) situate [here describe particularly the situation of the pre- 
 mises,^ intoxicating liquors in quantities not less than one gallon, 
 but no part whereof shall be consumed on the premises. 
 
 This license to remain in force until the end of the next 
 
 sessions to be held in such county, subject to forfeiture for breach 
 of the law. 
 
 Given under my hand as clerk of the licenses for the said 
 
 county, this day of , A. D. 18 — . 
 
 A. B., clerk of the licenses. 
 By order of the sessions, security having been given as requii-ed 
 by law. 
 
 C. D., clerk of the peace. 
 
 County of . 
 
 License office. General hcense. 
 
 Whereas a tavern hcense dated the day of , in the 
 
 year of our Lord one thousand eight hundred and , hath been 
 
 granted unto , of , in the county of — : and 
 
 whereas the sessions for such county have also ordered a general 
 
 license to be granted to the said , license is hereby granted 
 
 to him to vend goods in his tavern during the continuance of his 
 tavern license. 
 
 Given under my hand as clerk of the licenses for the said coun- 
 ty, this day of , A. D. 18—. 
 
 A. B., clerk of the hcenses. 
 By order of the sessions. 
 
 C. D.J clerk of the peace. 
 
 County of ■ 
 
 License office. General license. 
 
 Whereas a shop license dated the day of , in the 
 
 year of our Lord one thousand eight hundi-ed and , hath been 
 
 granted unto , of , in the county of . And whereas 
 
 the sessions for such county have also ordered a general license to be 
 
 granted to the said . Licence is hereby granted to him 
 
 during the continuance of his shop license, to sell by retail any 
 quantity of intoxicating liquors to be used in the shop in such shop 
 license described. 
 
 Given under my hand as clerk of licenses for the said county, 
 
 this day of , A. D. 18—. 
 
 A. B., clerk of the licenses. 
 
 By order of the sessions. 
 
 C. D., clerk of the peace. 
 
 B. 
 
 Know all men by these presents, that we are held 
 
 and firmly bound unto our soverign lady queen Victoria, her heirs 
 
TITLE III.] Chap. 22. 73 
 
 and successors, in the sum of fifty pounds of lawful money of Nova 
 Scotia, to wliicli payment we jointly and severally bind ourselves, 
 our heirs, executors and administrators, by these presents, sealed 
 
 with our seals. Dated the day of in the year of 
 
 our Lord one thousand eight hundred and . 
 
 Whereas to the above bounden has been granted a li- 
 cense 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 obhgation 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 
 obhgation shall be void, but otherwise shall remain in full effect. 
 
 Signed, sealed and deli- 
 
 vered in the presence 
 of . 
 
 To any of the constables of 
 
 C. 
 
 You are hereby commanded to summon A. B., of , in the 
 
 county of , to appear before us at , on the ■ day 
 
 of , to answer to the suit of C. D., [clerk of the license for 
 
 the county of , if the suit be brought in his name] for a 
 
 breach of the laws respecting the sale of intoxicating hquors, in ha- 
 ving [here briefly state the nativre and description of the offence.] 
 
 Witness our hands and seals at ■ — , the • day of 
 
 in the year of our Lord one thousand eight hundred 
 
 and . 
 
 C. D., (1. s.) J. P. 
 E. F., (1. s.) J. P. 
 
 D. 
 
 The within named defendant having been duly summoned, was 
 this day convicted of the offence within mentioned [upon his oivn 
 confession, or upon default, or upon the oath of G. H., as the 
 case may be, stating the manner of the party\s conviction and 
 the names of the witnesses who may have been exa.mined.] 
 
 Witness our hands this ■ ■ day of ■ , one thousand eight 
 
 hundred and . 
 
 C. D., J. p. 
 E. F.,.J. P. 
 
 10 
 
74 
 
 Chap. 23. Sect. 1—2. 
 
 [PAET I. 
 
 TITLE IV. 
 
 CHAPTER 23. 
 
 OF THE POST OFFICE. 
 
 Section 
 
 1. The goveruur in council lo have control of 
 
 the post office. 
 
 2. The governor in council may appoint offi- 
 
 cers and establish posts. 
 
 3. Postmaster-general to give bonds. 
 
 4. Governor in council empowered tu make 
 
 orders. 
 
 5. Orders to be pubhshed in gazette, and laid 
 
 before legislature. 
 
 6. Rates of postage how regulated. 
 7- Prepayment optional. 
 
 8. Postage retained where received. 
 
 9. British and packet postage how disposed of. 
 
 10. Franking abolisiied. 
 
 11. Stamps provided for. 
 
 12. Newspaper postage aboliahed. 
 
 13. Books and pampldets ; postage on, regu- 
 
 lated. 
 
 14. Packet postage regulated and apportioned. 
 
 15. Packet postage paid half yearly ; other post- 
 
 age quarterly. 
 
 16. Ex])ress mails ; expense of to be subject of 
 
 agreument. 
 
 17. Agreement may be modified. 
 
 18. Government or parliamentary printed pa- 
 
 pers free of postage. 
 
 19. Conditions to be observed in forwarding 
 
 printed papers. 
 
 20. Letter postage chargeable if conditions not 
 
 complied with. 
 
 21. tfue^tions of postage on printed papers, how 
 
 decided. 
 
 22. Removal of parties 5 provisions for forward- 
 
 ing newspapers in such cases. 
 
 23. Sliip posl-iigc allowed masters of private ves- 
 
 sels in certain cases. 
 
 Section 
 
 24. Ship letters ; how delivered j how secured. 
 
 25. Way offices, how established. 
 
 26. Extension of postage accommodation, how 
 
 provided for. 
 
 27. Colonial and foreign newspapers ; trans- 
 
 mission of how provided for. 
 
 28. Postage marks evidence. 
 
 29. Officers exempted from public duty. 
 
 30. Jilisconduct, how punished. 
 
 31. Ferriage free. 
 
 32. Abettors of offences punished as principals. 
 
 33. Letters to be forwarded only by ihail ; ex- 
 
 ceptions. 
 
 34. Letters sent otherwise than by mail seiz" 
 
 able. 
 
 35. Postage by whom and to whom payable. 
 
 36. Powers and duties of the postmaster ge- 
 
 neral. 
 
 37. Soldiers' and seamen's letters privileged. 
 
 38. Property in letters, in whom vested. 
 
 39. Lost letters ; postmaster general not liable 
 
 for, except where his own default. 
 
 40. Offences enumerated and defined, and pu- 
 
 nishment prescribed. 
 
 41. Offenders, how prosecuted. 
 
 42. Property, in whom and how laid ; other al- 
 
 legations. 
 
 43. Suits may be compounded. ' 
 
 44. Pecuniai-y penalties, how recovered ; limi- 
 
 tation of action. 
 
 45. Competency of witnesses ; burden of proof. 
 
 46. Pay of postmaster general, clerks, deputy 
 
 postmasters, and way office keepers. 
 
 47. Definition of terms. 
 
 48. Chapter to come into opex-ation by procla- 
 
 mation. 
 
 The governor in 
 council to have 
 control of the post 
 oilice. 
 
 The governor in 
 council may ap- 
 point officers and 
 estublii^ti posts- 
 
 1. l^he exclusive right of establishing posts, and of conveying 
 and delivering letters and collecting postage -within the province, 
 and the poAver and authority heretofore vested in the lords of her 
 majesty's treasury by virtue of the acts of the imperial parliament 
 passed in such ])ehalf to order and establish rates of postage herein, 
 are hereby vested in the governor in council. 
 
 2. The g()\^ernor in council may establish, alter, discontinue or 
 extend any posts or post communication, or post offices, and may 
 appoint, suspend or remove the postmaster general, and all or any 
 postmtiistevi^, officers, deputies, agents and sevvauta coimect^d there-- 
 with, 
 
TITLE IV.] Chap. 23. Sect. 3—10. 75 
 
 3. The postmaster general shall give bond in the sum of one Postmaster gene- 
 thousand pounds, with two sureties in the sum of five hundred 'iH '» eive bomis. 
 pounds each ; and deputy postmasters shall give bond in such sum 
 
 and with such sureties as may be directed by the governor in 
 council. 
 
 4. The governor in council may make such orders in confer- aoveraoMncoun- 
 Giity with this chapter as may be necessary for carrying out the ^^'li^oXiT' '° 
 same and promoting the objects thereof, and for avoiding as far as 
 practicable the transmission of mails on the sabbath, and all such 
 
 orders shall be valid as if in this chapter contained ; but no higher 
 penalty than one hundred pounds shall be imposed by any such 
 order in council for the violation thereof 
 
 5. Every such order in council shall be published in the royal orders to be pub- 
 gazette, and the rates of postage then established shall be demanded amuakUKfore'ie- 
 and taken immediately after such publication ; and every such order, s'*"""''^'- 
 within eight days after it is made, shall be laid before the legisla- 
 ture if then sitting, or otherwise within fourteen days after it shall 
 
 meet. 
 
 6. In conformity with the agreements made between the local Rates ot postage, 
 govermnents of British North America, the provincial postage on '"™ ''''^"'^"^*- 
 letters and packets, not being newspapers or printed pamphlets, 
 magazines or books, entitled to pass at the lower rates hereinafter 
 
 referred to, shall not exceed the rate of three pence currency per 
 half ounce for any distance within the province ; and the increase 
 of charge on letters weighing over half an ounce shall be regulated 
 according to the British rule and scale of weights. No transit 
 postage shall be charged on any letter or packet passing through 
 the province to any other colony in British North America unless 
 it be posted in this province and the sender choose to prepay it, 
 nor any letter nor packet from any such colony if prepaid there ; 
 and the rate of two pence sterhng the half ounce shall remain in 
 operation as regards letters by British mails, to be extended to 
 countries having postal communication with the United Kingdom, 
 unless her majesty's government shall see fit to alter the rate thereon 
 to be charged to three pence currency. 
 
 7. The prepayment of provmcial postage shall be optional to Prepayment opti- 
 the sender. """'• 
 
 8. All provincial postage received within this province shall be Postage retained 
 retained as belonging to it; and all provincial postage received ^'^ «"^'^°eive . 
 within any other of the British North American colonies may be 
 
 retained as belonging to such colony. 
 
 9. The British packet postage and other British postage col- British & pacicet 
 lected in this province, shall be accounted for and paid over to the S'osed^of!'""" ''"'" 
 proper authorities in the United Kingdom ; but the colonial post- 
 age on the same letters or packets shall belong to the colony col- 
 lecting it ; or if prepaid to the British post oifiee, it shall be cre- 
 dited and belong to the colony to which such letters or packets are 
 addressed. 
 
 10. No privilege of franking shall be allowed as regards pro- Raniiing aboi- 
 yincial postage. '^''"'' 
 
76 
 
 Chap. 23. Sect. 11—19. 
 
 [PAKT L 
 
 Stamps provided 
 for. 
 
 Newspaper ijost- 
 age abolished. 
 
 Books & pamph- 
 lets ; postage on, 
 regulated. 
 
 Packet postage 
 regulated and ap- 
 portioned. 
 
 Packet postage 
 paid half-.vearly 
 other postajre 
 quarterly. 
 
 Express mails ; 
 expense of to be 
 subject of agree- 
 ment. 
 
 Agreement may 
 be modified. 
 
 Government or 
 parliamentary 
 printed papers 
 free of postage. 
 
 Conditions to be 
 observed in for- 
 warding printed 
 papers. 
 
 11. Provincial stamps for the prepayment of postage may be 
 prepared, issued and sold, tinder the orders of the governor in coun- 
 cil ; and such stamps prepared, issued and sold, under the direction 
 of the proper authorities in the other British North American colo- 
 nies, shall be allowed in this province as evidence of the prepay- 
 ment of provincial postage in such colonies respectively on the let- 
 ters or packets. to which they are affixed. 
 
 12. All newspapers, whether pubhshed in this province or 
 elsewhere, shall pass through the post offices in this province free 
 of charge. 
 
 13. Printed books, periodical publications and pamphlets, may 
 be transmitted by post within this province at the rate of two pence 
 per ounce up to six ounces in weight, and three pence for each ad- 
 ditional ounce up to sixteen ounces, beyond which weight no printed 
 books, pubhcation or pamphlet shall be transmitted by post ; but 
 the governor in council may, by order, alter, modify and reduce 
 the rates of postage on such printed books, periodical publications 
 or pamphlets. 
 
 14. The packet postage for letters shall be one shilhng sterhng 
 the half ounce, ten pence of which shall belong to the English post 
 office, and two pence to the Nova Scotia office. 
 
 15. All monies received on account of packet postage to and 
 from the United Kingdom shall be carried to a separate account 
 by the postmaster general, and the same shall be remitted by the 
 governor not less than twice in every year to the postmaster gene- 
 ral in England ; and all other monies received by the postmaster 
 general in this province shall be paid by him at the end of every 
 quarter to the receiver general ; and he shall also return to the 
 office of the financial secretary, at the end of every quarter, a 
 quarterly account of the whole revenue received by him. 
 
 16. The rate of remuneration for the transport of British mails 
 by express through this province to or from New Brunswick, Ca- 
 nada and Prince Edward Island shall be paid from time to time by 
 agreement to be made between the government of this province 
 and the other provinces or governments concerned. 
 
 17. If it shall appear to the local governments or proper au- 
 thorities of the other provinces and of the United Kingdom, and to 
 the governor in council, that the foregoing conditions and provisions 
 are not in accordance with the arrangements so made or agreed 
 upon with the other colonies, then the governor in council may 
 alter and modify such conditions and provisions so as to carry out 
 and complete such arrangement. 
 
 18. All papers ordered to be printed by either house of parlia- 
 ment or by her majesty's command, or by the legislative council 
 or house of assembly of this province, or by virtue of an address of 
 the legislative council or assembly, shall be transmitted by post 
 within this province free of postage. 
 
 19. No printed paper, whether newspaper, book, pamphlet, or 
 other paper, permitted by this chapter to be sent by post, shall be 
 
TITLE IV.] Chap. 23. Sect. 20—23. 77 
 
 transmitted either fi'ee or at a reduced rate of postage unless the 
 following conditions shall be observed : first, — it shall be sent with- 
 out a cover, or in a cover open at the sides or ends ; second, — there 
 shall be no Avords or communication printed on the paper after its 
 publication, or upon the cover thereof, nor any writing or marks 
 upon it, or upon the cover of it, except the name and address of 
 the sender, and of the person to whom it is sent ; third, — there 
 shall be no paper or thing enclosed in or with any such paper or 
 publication. 
 
 20. The postmaster general or any of his officers may examine Letter postage 
 any printed paper or packet which shall be sent by the post, either dMoS ™t com-"" 
 without or with a cover, open at the sides or ends, in order to dis- p"^* '^'*- 
 cover whether it is contrary in any respect to the conditions hereby 
 
 required to be observed ; and in any case if the required conditions 
 be not fulfilled, the whole of every such paper shall be charged 
 with postage as a letter ; and as to every such printed paper going 
 out of the province, the postmaster general may either detain the 
 same or forward it by post charged with letter postage. 
 
 21. In all cases where a question shall arise whether a printed Questions of post 
 paper is entitled to the privileges of a newspaper or other pubhca- p|pe°^,''how''de- 
 tion as regards its transmission by post under this chapter, the '^'''«<'- 
 question shall be referred to the postmaster general, whose decision, 
 
 with the concurrence of the governor in council, shall be final. 
 
 22. If any printed newspaper or other printed paper privileged Removal of par- 
 to go by post and brought into this province shall be directed to a fj.^ fir^^rdiri""^ 
 person who shall have removed from the place to which it is di- newspapers m 
 rected before the delivery thereof at that place, it may, provided it 
 
 shall not have been opened, be redirected and forwarded by post to 
 such person at any other place within this province free of charge 
 for such extra conveyance ; but if such newspaper or other printed 
 paper shall have been opened, it shall be charged with the rate of 
 a single letter fi"om the place of redirection to the place at which it 
 shall be ultimately delivered. 
 
 23. For encouraging masters of vessels, not being post ofBce g^p postage ai- 
 packets, to undertake the conveyance of letters between places be- '™<^'' masters of 
 yond the British North American colonies and tliis province, and catain cases. 
 for regulating the conveyance and delivering of such letters, the 
 postmaster general may allow to the masters one penny half penny 
 
 for each letter they shall deliver to the post office at the first port 
 they touch or arrive at in this province, or with which they shall 
 communicate when inward bound ; and if from unforeseen circum- 
 stances the master cannot, upon dehvering his letters at an outport, 
 receive the money to which he is entitled, he shall be paid by 
 means of an order on the postmaster general at such other place as 
 may be convenient ; and every master of a vessel inward bound 
 shall, at the port or place of arrival, sign a declaration in the pre- 
 sence of the person authorized to take the same at such port or 
 place, who shall also sign the same, and the declaration shall be in 
 the form or to the effect following : 
 
78 Chap. 23. Sect. 24—28. [part i. 
 
 "I, A. B., commander [state the name of the ship or vessel], 
 arrived from {state the place], do, as required by the post office 
 laws, solemnly declare that I have, to the best of my knowledge 
 and behef, dehvered, or caused to be delivered, at the post office, 
 every letter, letter bag, package or parcel of letters that was on 
 board the [state the name of the ship] except such letters as are 
 exempted by such laws. 
 
 deifvei-edTiiow" 24. No officcr of the colonial revenue shall permit such vessel 
 
 secured. ^q enter or report until such declaration shall be made and pro- 
 
 duced, and no vessel shall be permitted to break bulk or make 
 entry in this province until all letters on board the same shall be 
 delivered at the post office, where posts may be established, except 
 such letters as are exempted by this chapter, and also except all 
 such letters as shall be brought by a vessel liable to the perfor- 
 mance of quarantine, all which last mentioned letters shall be de- 
 livered by the persons having possession thereof to the persons ap- 
 pointed to superintend the quarantine, that all proper precautions 
 may be by them taken before the delivery thereof ; and when due 
 care has been had therein, such letters shall be by them despatched 
 in the usual manner by post, and the officers of the colonial revenue 
 at every port or place in this province shall search every vessel for 
 letters which may be on board contrary to this chapter, and may 
 seize all such letters and forward them to the nearest post office, 
 and the officer who shall so seize and send them shall be entitled 
 to a moiety of the penalties which may be recovered for any such 
 offence ; and the postmaster general may appoint agents to demand 
 from the masters of vessels arriving in this province all letters on 
 board the same and not exempted by this chapter ; and the master 
 of any such vessel shall forthwith dehver all letters on board to 
 such person on his demanding the same. 
 
 Way offices, how 25. The postmastcr general, with the approbation of the sover- 
 nor m council, may estabhsh way offices over and above the regu- 
 lar post offices, and every person employed at a way office shall be 
 liable to all the penalties imposed by this chapter on postmasters 
 and other officers of the post office. 
 
 Extension of post- 20. The postmaster general, with the concurrence of the so- 
 
 age accommoda- . ^ .-. • , .iii 
 
 tion, how provi- vcmor m councu, may enter mto an agreement with and take secu- 
 ded for, ^^^^ from any person applying to him to extend the accommoda- 
 
 tions of the post to any place, for indemnifying the revenue against 
 the expenses which shall be incurred thereby beyond the amount 
 of postages received. 
 Colonial and fo- 27. The Govemor in Council may enter into arrangements or 
 pere" "transmis- Conventional agreements with any other of the North American 
 videa°for^°" """ colonies, or with any foreign country for the transmission of colo- 
 nial or foreign newspapers, or other printed papers within or 
 through this province upon such terms and conditions as shall be 
 reasonable, and may carry out such arrangements or conventional 
 agreements by orders in council duly pubhshed as herein directed. 
 Postage marks ) 28. The postage marks, whether British, foreign, or colonial, 
 
 evidence. 
 
 established. 
 
TITLE IV.] Chap. 23. Sect. 29—33. 79 
 
 on any letter brought into this province, shall in all courts of jus- 
 tice, and elsewhere, be received as conclusive evidence of the 
 amount of British, foreign, or colonial postage, payable in respect 
 of such letter, in addition to any other postage chargeable thereon, 
 and aU such postage shall be recoverable in this province as post- 
 age due to her majesty. 
 
 29. No postmaster general nor any officer of the post oifice onicera exempted 
 throughout the province, nor any courier, shall be compelled to ''"" '™ "^ '^^' 
 serve on any jury or inquest, or in the mihtia, or as a town or city 
 
 ofBcer. 
 
 30. If any person employed to convey or deliver a post letter- Misconduct, how 
 bag or a post letter, shall, whilst so employed, or whilst the same p™'^'''^*- 
 
 be in his custody or possession, leave a post letter-bag or a post 
 letter, or if any such person shall be guilty of an act of drunken- 
 ness or of negligence, or other misconduct, whereby the safety of a 
 post letter-bag or a post letter shall be endangered, or shall collect, 
 receive, convey or dehver a letter otherwise than in the ordinary 
 course of the post, or shall give any false information of an attempt 
 at robbery upon him, or shall loiter on the road or passage, or wil- 
 fully mis-spend his time so as to delay the progress or arrival of a 
 post letter-bag or a post letter, or shall not use proper care and 
 dihgence safely to convey a post letter-bag or a post letter at the 
 rate of speed appointed by and according to the regulations of the 
 post office for the time being, he shall forfeit ten pounds. 
 
 31. No person in the employ of the post office, travelling with I'emage ivee. 
 a mail, shall pay for passing or repassing a ferry ; but the ferry- 
 man at every such ferry shall forthwith convey over such person 
 travelhng with a mail without payment for the same on pain of 
 forfeiting for every offence five pounds. 
 
 32. Whoever shall abet or procure the commission of an offence Abettors of of- 
 which is by this chapter punishable on summary conviction, shall i™rinci™i's. " 
 be liable to the same forfeiture or punishment to which a principal 
 offender is by this chapter made liable. 
 
 33. Subject always to the provisions and regulations herein- Letters to be tor 
 before contained, the postmaster general shall have the exclusive mau ^'^Mepttos 
 privilege of conveying, receiving, collecting, sending and delivering 
 
 letters within this province ; and any person who shall, except in 
 the cases hereinafter excepted, collect, send, convey or deliver, or 
 undertake to convey or deliver any letter within this province, or 
 who shall receive or have in his possession any letter for the pur- 
 pose of conveying or delivering it otherwise than in conformity 
 with this chapter, shall for every letter so unlawfully conveyed or 
 undertaken to be conveyed, received, dehvered or found in his 
 possession, incur a penalty of five shillings, but such exclusive pri- 
 vilege, prohibition and penalty shall not apply to — 
 
 Letters sent by private individuals to be mailed in the first way 
 or post office : 
 
 Letters sent by a messenger on purpose, concerning the private 
 affairs of the sender or receiver ; 
 
80 Chap. 23. Sect. 34—36. [part i. 
 
 Letters addressed to a place out of the province and sent by sea 
 and by a private vessel not being a packet boat : 
 
 Letters lawfully broiight into this province and immediately 
 posted at the nearest post office : 
 
 Letters of merchants owners of merchant vessels, or of the 
 cargo, or loading therein, sent by such vessels or by any person 
 employed by such owners for the carriage of such letters according 
 to their respective addresses, and delivered to the persons to whom 
 they are respectively addressed, without pay or advantage for so 
 doing : 
 
 Letters concerning goods sent by common knovm carriers to be 
 delivered with the goods to which such letters relate, without re- 
 ward or advantage for receiving or dehvering them. 
 
 Provided that nothing herein contained shall authorize any per- 
 son to collect any such excepted letters for the purpose of convey- 
 ing or sending them as hereinbefore mentioned, and that way let- 
 ters prepaid may be delivered by the officer to the courier to be 
 dropped along the route at convenient places ; and provided also, 
 that nothing in this chapter shall oblige any person to send any 
 pamphlet, printed book or newspaper by post. 
 Letters sent 34. It shall be lawful for any person, and it shall be the duty 
 
 mau"elzabie.° ^' ^f the officer or persou employed in the post office, or in the collec- 
 tion of the revenue, to seize any letters conveyed, received, col- 
 lected, sent or delivered in contravention of this chapter, and to 
 take them to the nearest post office, and to give such information 
 as he may be able to give to the postmaster for the effectual prose- 
 cution of the offender ; and the letters moreover shall be charged 
 with letter postage. 
 Postage by whom 35. As Well the colouial, British or foreign, as the provincial 
 and to whom pay- postage, on any letter or packet, shall, if not prepaid, be payable to 
 the postmaster general by the party to whom the same shall be 
 addressed, or who may lawfully receive such letter or packet ; and 
 any refusal or neglect to pay such postage shall be held to be a 
 refusal to receive such letter or packet, which shall be detained and 
 dealt with accordingly : but if the same be delivered, the postage 
 on it shall be charged against and paid by the postmaster deliver- 
 ing it, saving his right to recover it from the party by whom it was 
 due as money paid for such party. And if any letter or packet 
 be refused, or if the party to whom it is addressed cannot be found, 
 then such postage shall be recoverable by the postmaster general 
 from the sender of such letter or packet ; and the postage marked 
 on any letter or packet shall be held to be the true postage due 
 thereon, and the party signing or addressing it shall be held to be 
 the sender until the contrary be shewn : and all postage may be 
 recovered with costs by civil action in any court haAing jurisdiction 
 to the amount. 
 Powers and duties ^'°- Subjcct to the provisions of this chapter and to the orders 
 of the postmaster made Under it, and the instructions he may receive from the gover- 
 ^™^' ■ nor, the postmaster shall have power to open and close post offices 
 
TITLE iv.J Chap. 23. Sect. 37-40. 81 
 
 and mail routes, to suspend any postmaster or other officer or ser- 
 vant of the department, until the pleasure of the governor be 
 known, and to appoint a person to act in the meantime in the place 
 of such officer or servant ; to enter into and enforce all contracts 
 relating to the conveyance of the mail, the local accommodation of 
 the department and other matters connected with the business 
 thereof, and to make rules and orders for the conduct of and ma- 
 nagement of the business and affairs of the department and for the 
 guidance and government of the officers and servants thereof in 
 the performance of their duties ; to sue for all sums due for pos- 
 tages or penalties under this chapter, or by any postmaster, offi- 
 cer or servant of the department, or his sureties : and all such 
 powers may be lawfully exercised by him, or by any postmaster, 
 officer, servant or party whom he shall depute to exercise the 
 same, or whose act in that behalf he shall approve, confirm or 
 adopt ; and every officer, servant or party, employed in the post 
 office shall, as regards the duties attached to the office held by 
 him, be deemed the deputy of such postmaster general. And all 
 suits, proceedings, contracts and official acts to be brought, had, 
 entered into and done by the postmaster general, may be so in and 
 by his name of office, and may be continued, enforced and com- 
 pleted by his successor in office as effectually as by himself; nor 
 shall the appointment or authority of any postmaster general, or of 
 any postmaster, officer or servant of the post office, be liable to be 
 traversed or called in question in any case except only by those 
 who act for the crown. 
 
 37. In every case in which any seaman in her maiesty's navy, Sowiers' and sea 
 
 •' T J , •' . ne ■ \ ^v ■ men's letUi-s pii- 
 
 sergeant, corporal, drummer, trumpeter, titer, or private soldier m sieged. 
 her majesty's service, or in the service of the East India company, 
 shall be entitled to receive or send letters on the payment of a cer- 
 taia sum and no more, in place of all British postage thereon, the 
 payment of such sum shall hkewise free such letter from all pro- 
 vincial postage thereon, and the governor in council may make 
 orders for giving effect to this section. 
 
 38. From the time any letter, packet, chattel, money or thing Pi-operty in let- 
 shall be deposited in the post office for the purpose of being sent y^^^l '"'°" 
 by post, it shall cease to be the property of the sender, and shall 
 
 be the property of the party to whom it is addressed, or the legal 
 representatives of such party. 
 
 39. The postmaster general shall not be liable to any party for Lost letters; post- 
 the loss of any letter or packet sent by post, unless such loss shall noTiiawf for,\x- 
 have arisen from his own default. SwndlS.'"' 
 
 40. To steal, embezzle, secrete or destroy any post letter shall Qse-a^^s cnume- 
 be felony, punishable in the discretion of the court by imprison- ^5;'^^''p''°4hment ' 
 ment for not less than three nor more than fourteen years ; unless prescribed. 
 such post letter shall contain any chattel, money, or valuable secu- 
 rity ; in which case the offence shall be punishable by imprison- 
 ment for life, or for a period not less than five years. 
 
 To steal from or out of a post letter any chattel, money, or va- 
 il 
 
Chap. 23. Sect. 40. [part i. 
 
 luable security, shall be felony, punisliable by imprisonment for 
 life or for a period not less than five years. 
 
 To steal a post letter bag, or a post letter from a post letter bag, 
 or a post letter from any post office, or from any way office, or 
 from a mail, or to stop a mail with intent to rob or search the 
 same, shall be felony, punishable by imprisonment for life, or for 
 a period not less than five years. 
 
 To open unlaivfully any post letter bag, or unlawfully to take 
 any letter out of such bag, shall be felony, punishable by imprison- 
 ment for not less than one nor more than fourteen years. 
 
 To receive any post letter, or post letter bag, or any chattel, 
 money, or valuable security, the stealing, taking, secreting, or em- 
 bezzling whereof is hereby made felony, knowing the same to have 
 been feloniously stolen, taken, secreted, or embezzled, shall be 
 felony, punishable by imprisonment for not more than five years, 
 and the offender may be indicted either as an accessory after the 
 fact or for a substantive felony, and in the latter case, whether 
 the principal felon hath or hath not been previously convicted, or 
 shall not be amenable to justice, and however such receiver shall 
 be convicted, the offence shall be punishable as hereinbefore men- 
 tioned. 
 
 To forge, counterfeit, or imitate any postage stamp issued or 
 used under the authority of this chapter, or by or under the autho- 
 rity of the government, or proper authority of the united kingdom, 
 or of any British possession, or of any foreign country, or know- 
 ingly to use any such forged, counterfeit, or imitated stamp, or to 
 engrave, cut, or sink, or make any plate, die, or other thing, 
 whereby to forge, counterfeit, or imitate such stamp, or any part 
 or portion thereof, except by the permission in writing of the post- 
 master general, or of some officer or person who, under the orders 
 to be made in that behalf, may lawfully grant such permission, or 
 to have possession of any such die, plate, or other thing, without 
 such permission, or to forge, counterfeit, or unlawfully imitate, 
 use, or affix to or upon any letter or packet, any stamp, signature, 
 initials, or other mark or sign, purporting that such letter or 
 packet ought to pass free of postage, or at a lower rate of postage, 
 or that the postage thereon, or any part thereof, hath been pre- 
 paid, or ought to be paid by or charged to any person or depart- 
 ment, shall be felony, punishable by imprisonment for life, or for 
 a period not less than five years. 
 
 To open unlawfully, or wilfully to keep, secrete, delay, or detain 
 or procure, or suffer to be unlawfully opened, kept, secreted or de- 
 tained, any post letter bag, or any post letter, or after payment or 
 tender of the postage thereon, if payable to the party having pos- 
 session of the same, to neglect or refuse to deUver up any post 
 letter to the person to whom it shall be addressed, or Avho shall be 
 legally entitled to receive the same, shall be a misdemeanor. 
 
 To steal, or for any purpose to embezzle, secrete, destroy, wil- 
 fully detain or delay any printed vote or proceeding, newspaper, 
 printed paper or book, sent by post, shall be a misdemeanor. 
 
TITLE IV.] Chap. 23. Sect. 41—42. 83 
 
 To obstruct or ■wilfally delay the passing or progress of any 
 mail, or of any animal or carriage employed in conveying any 
 mail on any public highway, shall be a misdemeanor. 
 
 To endeavor to procui-e any person to commit any act hereby 
 
 made or declared a felony or misdemeanor, shall be a misdemeanor. 
 
 Every misdemeanor hereunder shall be punishable by fine or 
 
 imprisonment, or both, in the discretion of the court before whom 
 
 the offender shall be convicted. 
 
 Every principal in the second degree, and every accessory before 
 or after the fact to any felony hereunder, shall be guilty of felony, 
 and punishable as the principal in the first degree ; and every per- 
 son who shall abet or procure the commission of any such misde- 
 meanor, shall be guilty of a misdemeanor and punishable as a 
 principal oifender. 
 
 Any imprisonment awarded under this chapter shall be in the 
 provincial penitentiary, if for a term of or exceeding one year ; and 
 if the imprisonment awarded be for a less term, it may be with or 
 without hard labor in the discretion of the court awarding it. 
 
 41. Any indictable offence against this chapter may be dealt offenders, how 
 with, indicted and tried, and punished and laid, and charged to p™=^™'"*- 
 ha.ve been committed, either in the county or place where the 
 ofence shall be committed, or in that in which the oifender 
 shall be apprehended or be in custody as if actually committed 
 therein ; and where the offence shall be committed in, upon, or in 
 respect of a mail, or upon a person engaged in the conveyance or 
 delivery of a post letter-bag or post letter, or chattel or money, or 
 valuable security, sent by post, such offence may be dealt with and 
 inquired of, tried and punished, and charged to have been commit- 
 ted, as well within the county or place in which the offender shall 
 be apprehended or be in custody as in any county or place through 
 any part whereof such mail, person, post letter-bag, post letter, 
 chattel, money or valuable security shall have passed in the course 
 of conveyance and delivery by the post, in the same manner as if 
 it had been actually committed in such county or place ; and in 
 all cases where the side or centre, or other part of a highway, or 
 the side bank, centre or other part of a river or canal, or navigable 
 water, shall constitute the boundary between two counties or places, 
 then to pass along the same, shall be held to be a passing through 
 both ; and every accessory before or after the fact, if the offence be 
 felony, and every person abetting or procuring the commission of 
 any offence, if the same be a misdemeanor, may be dealt with, in- 
 dicted, tried and punished as if he were a principal, and his offence 
 may be laid and charged to have been committed in any county or 
 place where the principal offence may be tried. 
 
 42. In every case where an offence shall be committed in re- Property ,m whom 
 spect of a post letter-bag or a post letter, packet, chattel, money or othe?°iegaHoiis. 
 valuable security, sent by post, it shall be lawful to lay in the in- 
 dictment the property of such post letter-bag, poet letter, packet, 
 chattel, money or valuable security, sent by post, in the postmaster 
 
84 Chap. 23. Sect. 43— 46. [parti. 
 
 general ; and it shall not be necessary to allege in the indictment, 
 or to prove upon the trial or otherwise, that the post letter-hag, 
 post letter, packet, chattel or valuable security was of any value ; 
 but except in the cases hereinbefore mentioned, the property of any 
 chattel or thing used or employed in the service of the provincial 
 post office, or of the monies arising from the duties of postage, 
 shall be laid in her majesty, if the same be the property of her 
 majesty, or if the loss thereof would be borne by the province and 
 not by any party in his private capacity, and in any indictment 
 against a person employed in the post office for an offence against 
 this chapter, or in any indictment against a person for an offence 
 committed in respect of some person so employed, it shall be suffi- 
 cient to allege that such offender or other person was employed in 
 the post office at the time of the commission of the offence, without 
 stating further the nature or particulars of his employment. 
 Salts may bo 48. The postmastcr general, subject always to the orders of the 
 
 componnaed. governor in council, may compromise and compound any suit or 
 information which shall be commenced by his authority or under 
 his control against any person for recovering a penalty incurred 
 under this chapter on such terms and conditions as he shall in his 
 discretion think proper, with full power to him or any of the offi- 
 cers and persons acting under his orders to accept the penalty 
 incurred or alleged to be incurred, or any part thereof, without 
 suit or information brought for the recovery thereof. 
 Peoimiary penal- 44. All mere pecuniary penalties imposed by this chapter, or 
 vlreci i°iimSion by any order of the governor in council made under this chapter, 
 of action. g^g^ij ^g recoverable with costs by the postmaster general, by civil 
 
 action, in any court having jurisdiction to the amount, and shall 
 belong to the province, saving always the power of the governor in 
 council to allow any part or the whole of such penalty to the officer 
 or party by whose information or intervention the same shall have 
 been recovered, but all such penalties shall be sued for within one 
 year after they are incurred, and not afterwards, provided always, 
 that if the penalty exceed twenty pounds the offender may be in- 
 dicted for a misdemeanor in contravening the provisions of this 
 chapter or of the regulations made under it, instead of being sued 
 for such penalty, and if convicted shall be punished by fine or im- 
 prisonment, or both, in the discretion of the court. 
 Competency of 45. In any action or proceeding for the recovery of postage, 
 to"of proof!'"'' or of any penalty under this chapter, any postmaster, or other 
 officer or servant of the post office, shall be a competent witness, 
 although he may be entitled to or entertain reasonable expectation 
 of receiving some portion or the whole of the sum to be recovered ; 
 and the burden of shewing that any thing proved to have been 
 done by the defendant was done in conformity to or without con- 
 travention of this chapter, shall be on the defendant. 
 Pay of postmaster 46. The annual salary of the postmaster general for the pro- 
 deputy poBtmas- vincc of Jfftva Scotia shall be six hundi-ed pounds currency. 
 
 ters, and way 
 ofl&ce keepers. 
 
£187 10 
 
 01 
 
 f- 
 
 125 
 
 
 
 a 
 
 125 
 
 
 
 r '^ 
 
 125 
 
 
 
 k 
 
 75 
 
 
 
 
 TITLE v.] Chap. 24. Sect. 1. 85 
 
 The salary of the first clerk of the post office at 
 
 Halifax, 
 
 Of the second clerk, 
 Third clerk, 
 Fourth clerk. 
 Messenger at Halifax, 
 Deputy postmasters shall, until the last day of the next session, 
 receive and retain, in lieu of their services, tNventy per cent, on the 
 amount of postage by them collected ; and also the several sums 
 now agreed to be paid to them for extra labor and night work. 
 
 Way office keepers shall receive forty shillings a year in full, 
 and the practice of charging two pence on the receipt or delivery 
 of letters shall be discontinued. 
 
 47. The words "postmaster general" and " post office," when Definition of 
 used in this chapter, shall mean the provincial postmaster general "'™'- 
 and provincial post office, unless otherwise expressed. 
 
 48. This chapter shall come into operation at such time as chapter to come 
 shall be directed by the governor in council, by proclamation pub- jS-ocEtio™ ''^ 
 lished in the royal gazette. 
 
 TITLE V. 
 
 OF PUBLIC BUILDINGS AND ESTABLISHMENTS. 
 
 CHAPTER 24. 
 
 OF THE BOARD OF WORKS. 
 
 Section 
 
 1. Board of works, how constructed ; what 
 
 property controlled. 
 
 2. Clerk ; his duty and salary. 
 
 3. Keepers ; their appointment and tenure of 
 
 ofBce. 
 
 4. Salaries of ofificers. I 
 
 Section 
 
 5. Work done and materials provided by pub- 
 
 lic tenders. 
 
 6. Superintendant } his duty and salary. 
 
 7. Expenses provided for ; no commissions al- 
 
 lowed. 
 
 8. Accomits how kept ; expenditm*es how 
 
 drawn. 
 
 1. The financial secretaiy, and four other persons to be ap- Boaa-d of works, 
 pointed by the governor in council and to hold office during plea- whlt°r?operty *^ ' 
 sure, shall constitute a board for the superintendance and manage- controlled. 
 ment of the provincial building, government house, provincial 
 penitentiary, and all other buildings and property belonging to the 
 provincoj — of all the light houses, buoys and beacons erected or to 
 be erected within the province, and of Sable Island, and of the 
 Seal and Mud Islands, 9>nd to be called ^'the board of works." 
 
86 
 
 Chat. 24. Sect. 2—8. 
 
 [■PASX I. 
 
 Clerk ; his duty 
 and salary. 
 
 Keepers ; their 
 appointment and 
 tenure of oEBce. 
 
 Salaries of officers 
 
 Work done and 
 materials provi- 
 ded by public 
 tenders. 
 
 Superintendant ; 
 his duty and sa- 
 lary. 
 
 Expenses provi- 
 ded for ; no com- 
 missions allowed. 
 
 Accounts, how 
 kept ; expendi- 
 tures, how drawn. 
 
 2. The board shall appoint a clerk at a salary not exceeding 
 one hundred pounds a year, who shall hold office during the plea- 
 sure of the board. 
 
 3. The board shall have the appointment of all keepers and 
 other persons to be employed in and about the penitentiary and 
 other public buildings, light houses and islands above mentioned ; 
 all such persons to hold office during pleasure, and their appoint- 
 ment to be cancelled in any case in which the governor in council 
 may not approve thereof 
 
 4. The board may allow to all persons so employed such saJa^ 
 ries or other compensation as they shall think fit, but all such 
 allowances shall be subject to the approval of the governor in coun- 
 cil, and may be altered at their discretion, and shall be subject to 
 the annual revision and control of the legislature. 
 
 5. The erection of light houses and beacons, and the purchase 
 of oil and other materials for the use of the light houses and peni- 
 tentiary, shall in all cases be offered for public competition, after 
 ha^ang been duly advertised ; and the repairs of the pubhc buil- 
 dings, light houses and beacons, and the procuring of materials and 
 necessaries for the islands above mentioned shall also be done 
 whenever it is practicable by tender and contract after due adver- 
 tisement. 
 
 6. The board may employ a superintendant to visit from time 
 to time the light houses and beacons, and the above islands, or any 
 of them, and may assign him, besides his travelling charges, a 
 salary not exceeding one hundred and fifty pounds a year. The 
 superintendant shall be under the general direction of the board, 
 and shall furnish at least once in every year for the information of 
 the legislature, a report of the condition of such light houses, bea- 
 cons and islands, and oiFer suggestions for the improvement thereof. 
 
 7. The board, with the exception of the financial secretary, 
 shall be repaid any expenses they may incur in the performance of 
 their duties for travelling or contingencies ; but none of the board 
 shall be entitled to any commission on the amount of the expendi- 
 ture, as has been heretofore the practice. 
 
 8. The account of all expenditures made and expenses incurred 
 by the board under this chapter shall be kept by the clerk of the 
 board, and the amount necessary for that purpose shall be drawn 
 by the board from time to time by warrant on the receiver general, 
 under certificate of the financial secretary ; and all such accounts 
 shall be annually presented to the assembly, and be audited along 
 with the other public accounts. 
 
TIXEB v.] 
 
 Chap. 25. Sect, 1—6, 
 
 87 
 
 CHAPTER 25. 
 
 OF THE PENITENTIARY. 
 
 SecTios 
 
 1. Penitentiai'y a prison. 
 
 2. Penitentiary vested in her majesty. 
 
 3. Mode of removing dismissed officers. 
 
 4. Board may make rules for management. 
 
 5. Appointment of visitors ; their powera. 
 
 6. Maintenance of convicts, and their employ- 
 
 ment. 
 
 Y. Report of bo£u^ to be laid before the legis- 
 lature annually. 
 
 8. Convicts, how removed and received. 
 
 9: Convicts mustnndergo medical examination. 
 W. Discharge of convicts When sick, how con- 
 ducted. 
 
 11. Employ of convicts, how regulated. 
 
 12. Admission of persons restricted. 
 
 13. Principal keeper *, his powers and responsi- 
 
 bilities. 
 
 Section 
 
 14. Punishment of convicts for assaults. 
 
 15. Incorrigible convicts liable to removal, 
 
 16. Insane convicts, how treated. 
 
 IT. Breaking prison, escapes, and other miscon- 
 duct, how punished. 
 
 18. Rescuing convicts, allowing or assisting 
 
 escapes, how punished. 
 
 19. Subordinate officers punishable for miscon- 
 
 duct. 
 
 20. Convicts may be tried in supreme court ; 
 
 register evidence of its contents. 
 
 21. Expenses of establishment, how provided. 
 
 22. Protection of board, and keeper. 
 
 23. Limitation of actions. 
 
 24. Imprisonment regulated and limited. 
 
 Penitentiary 
 vested in her ma- 
 jesty. 
 
 Mode of remo- 
 ving dismissed 
 officers. 
 
 1. The provincial penitentiary shall be used as a prison for Penitentiary a 
 offenders J as hereinafter specified. ^"^'^"* 
 
 2. The penitentiary shall be absolutely vested in her majesty. 
 
 3. If any officer on being dismissed shall not quit the peniten- 
 tiary, and give up possession of any building or apartment belong- 
 ing thereto within a period to be j&xed by the board of works, any 
 justice of the peace shall, on apphcation of the board, by warrant 
 direct the sheriff to remove such person out of the penitentiary, or 
 any building or apartment belonging thereto, in like manner as 
 upon a writ of habere facias possessionsQU. 
 
 4. The board shall have the same powers with respect to the Board may make 
 penitentiary which the visiting justices of any prison in England ment.^^'^ °^^°^^^ 
 have, or so much thereof as the governor in council may confer, 
 
 and may hold meetings and make rules for the government of the 
 ■ penitentiary, for the duties and conduct of the principal keeper and 
 otiier oificers thereof, and for the maintenance, employment, and 
 discipUne of the convicts. No rules, or alteration or revocation of 
 former rules, shall be in force until approved by the governor in 
 council. 
 
 5. The board shall appoint one or more of their number from 
 time to time to visit the penitentiary, and may delegate to such 
 visitors powers to make any order requisite in cases of pressing 
 emergency. Every such order shall be in writing, and shall be 
 reported, with the circumstances, to the board, at their next meet- 
 
 6. The board may contract for the clothing, diet, and other Maintenance of 
 nec^^aries for the maintenance of the convicts, and for the imple- em^oyment!''^ 
 
 Appointment of 
 visitors ; their 
 powers. 
 
88 
 
 Chap. 25. Sect. 7—12. 
 
 [PAKT I. 
 
 Kcport of the 
 board to be laid 
 before the legisla- 
 ture annually. 
 
 Convicts, how re- 
 moved and re- 
 ceived. 
 
 Convicts must 
 imdergo medical 
 examination. 
 
 Discharge of con- 
 victs when siclt ; 
 how conducted. 
 
 Employ of con- 
 victs, how regu- 
 lated. 
 
 Admiislon of per- 
 •ons restricted. 
 
 ments or materials for any manufacture or trade in which the con- 
 victs shall be employed, and may carry on such manufactures or 
 trade, and sell the goods manufactured. 
 
 7. The board shall, on or before the tenth day of January, in 
 each year, and oftener if required by the governor in council, re- 
 port to him in writing, under the hands of three or more of them, 
 the state of the buildings, the behaviour of the officers and of the 
 convicts, the amount of the earnings of the convicts, and the ex- 
 pense of the penitentiary, and such other matters relating to the 
 management of the prison as they shall deem expedient, or as the 
 governor in council shall direct, and such report shall be laid before 
 the legislature within one month, if the general assembly be then 
 sitting ; if not, then within one month after its next meeting. 
 
 8. The governor may direct the removal to the penitentiary of 
 any convict under sentence of the supreme court, who, having been 
 examined by a medical officer, shall appear free from any putrid 
 or infectious distemper, and fit to be removed from the place of his 
 confinement. The person having the custody of such convict shall, 
 on the receipt of the order of removal, convey him to the peniten- 
 tiary, and if, on examination by the medical officer there, he shall 
 appear fit to be admitted, shall deliver him into the custody of the 
 principal keeper, with an attested copy of the order of the court, 
 containing the sentence by virtue of which such convict shall be in 
 custody, and also a certificate specifying such particulars concern- 
 ing such convict as the governor may direct. The principal keeper 
 shall give a receipt in writing to every such person for every con- 
 vict received into his custody ; and all reasonable expenses of such 
 removal shall be paid by the county in which the offender shall 
 have been convicted. 
 
 9. When any convict ordered to be confined in the penitentiary 
 shall be brought thither, he shall continue in the custody of the 
 person who shall bring him until he has been examined by the 
 medical officer and ascei'tained to be fit for admission into the peni- 
 tentiary ; and if the medical officer shall certify that he is not fit to 
 be received there, he shall be placed in some hospital. 
 
 10. No convict received into the custody of the principal keeper 
 shall be discharged at the end or other determination of his term if 
 he shall then labor under any acute or dangerous distemper, un- 
 less at his own request ; and when any such convict shall be finally 
 discharged, such clothing and assistance in money, or otherwise, as 
 the board shall judge proper, shall be given him. 
 
 11. The convicts may be employed in work at the penitentiary 
 every day in the year except Sundays, Christmas Day, Good Fri- 
 day, and any day appointed for a general fast or thanksgiving, so 
 many hours, not exceeding twelve, exclusive of the time allowed 
 for meals and exercise, as the board shall order, but they may by 
 a written order allow any convict at his own request to labor for a 
 longer time. 
 
 12. No person except the members of the board or servants o^ ' 
 
iiTLE v.] Chap. 25. Skct. 13—18. 89 
 
 the penitentiary, or persons authorised by the rules made by the 
 hoard, shall be allowed at any time to enter any part of the peni- 
 tentiary used by the prisoners, or to converse or hold communica- 
 tion with them. 
 
 13. The principal keeper, or person under him, having the Principal keeper; 
 custody of the convicts, shall, during the term for which they shall respSbmtfcs'* 
 be ordered to remain in custody, have the same powers over them 
 
 as are incident to the office of sheriff or jailer ; and in case of any 
 misbehaviour or neghgence in the discharge of his office, shall be 
 liable to the same punishment to which a jailer is now liable. 
 
 14. If any convict shall assault the principal keeper, or any Punishment of 
 officer or servant employed in the penitentiary, the board may or- saS™.'^ '"' "^ 
 der him to be prosecuted therefor ; and, upon conviction, he shall 
 
 be imprisoned for any term not exceeding two years, in addition to 
 the term for which he was in the first instance confined. 
 
 15. The governor may at any time order any convict to be re- ineorngiwe con- 
 moved from the penitentiary as incorrigible, to any other prison or movai. 
 place of confinement in which he may be lawfully imprisoned. 
 
 16. If any convict shall be found insane during his confine- insane convicts, 
 ment, and be so reported by the board to the governor, he may, 
 
 by warrant, order such convict's immediate removal to such lunatic 
 asylum as he may judge proper. Every convict so removed shall 
 remain under confinement in such asylum until it shall be certified 
 to the governor by two physicians or surgeons, that such convict 
 has become of sound mind. If the term of his imprisonment shall 
 not then have expired, the governor may order that such convict 
 be remanded to the penitentiary ; if the period of his imprisonment 
 shall have expired, he shall be discharged. 
 
 17. Every convict who, during the term of his imprisonment in Breaiiing prison, 
 the penitentiary, shall break prison, or who, while being conveyed misconduct, how"^ 
 to prison, shall escape, shall be punished by an addition, not ex- p™'^''<=''- 
 ceeding three years, to the term of his imprisonment. If after- 
 wards convicted of a second escape or breach of prison, he shall be 
 
 guilty of felony ; and every convict who, during the term of his 
 imprisonment, shall attempt to break prison, or who shall forcibly 
 break out of his cell, or make any breach therein with intent to 
 escape therefi'om, shall be punished, by an addition, not exceeding 
 twelve months, to the term of his imprisonment, by the order and 
 direction of the governor in council. 
 
 18. Any person rescuing a convict from the penitentiary or Rescuing con- 
 
 ■^ vicLs Q^lLowincr qv 
 
 from the person conveying him thither, or aiding in his rescue, shall assisting escapes, 
 be guilty of felony ; and every person having the charge of a con- ^™ p"°"'''=''- 
 vict, or employed as a keeper or assistant, who shall wilfully allow 
 such convict to escape, or assist him in an attempt to escape though 
 no escape be actually made, and any person attempting to rescue 
 any convict, or aiding in such attempt though no rescue be actu- 
 ally made, shall he guilty of felony : and every person having such 
 custody carelessly allowing any such convict to escape, shall be 
 guilty of a misdemeanor, and being convicted thereof shall be Ha- 
 
90 
 
 Chap. 25. Sect. 19—24. 
 
 [part I. 
 
 Subordinate offi- 
 cers punishable 
 for misconduct. 
 
 Convicts may be 
 tried in supreme 
 court ; register 
 evidence of its 
 contents. 
 
 Expenses of esta- 
 blishment, how 
 provided. 
 
 Protection of 
 board and keeper. 
 
 limitation of 
 actions. 
 
 Imprisonment re- 
 gulated and limi- 
 tef 
 
 ble to fine or imprisonment, or to both, at the discretion of the 
 court. 
 
 19. Every officer or servant of the penitentiary bringing or 
 carrying out, or endeavoring to bring or carry out, or allowing to 
 be brought or carried out to or for any convict, money or any arti- 
 cle not allowed by the rules of the penitentiary, shall be forthwith 
 suspended by the principal keeper, who shall report the ofience to 
 the board at their next meeting, and the board shall enquire thereof 
 upon oath, which any one of them may administer, and upon proof 
 of the offence shall dismiss such oflficer or servant, and may, if they 
 think fit, cause the offender to be apprehended and carried hefore a 
 justice, who shall hear and determine any such offence in a sum- 
 mary way : and every officer or servant upon conviction of such 
 offence before a justice, shall be liable to a penalty not exceeding 
 fifty pounds, or, at the discretion of the justice, to be imprisoned 
 in the common jail or penitentiary, there to be kept with or with- 
 out hard labor for any term not exceeding six months. 
 
 20. Every convict or person who shall commit any offence 
 mentioned herein, for which he is not Uable to be summarily con- 
 victed, may be tried before the supreme court at Halifax or in the 
 county in which he shall be taken ; and in case of any prosecution 
 for any such offence, a copy properly attested of the order of com- 
 mitment to prison, with proof that the person in question is the 
 same who was delivered with such order, and the production of 
 the register of the prison shall be sufficient evidence of all the facts 
 entered in such register as to such convict without the production 
 of any other proof that such convict had been convicted of felony 
 and legally sentenced to imprisonment in the penitentiary. 
 
 21. An account of the expenses of carrying these provisions 
 into execution shall be annually laid before the legislature, and 
 after deducting therefrom any profits arising from the earnings of 
 the convicts the balance shall be provided for by such sums as may 
 be granted by the assembly. 
 
 22. All provisions of the legislature for protecting justices in 
 the execution of their office, shall extend to the board and the prin- 
 cipal keeper of the penitentiary. 
 
 23. All actions and prosecutions for any thing done in pursu- 
 ance of these provisions, shall be laid and tried in the county where 
 the fact was committed, and shall be commenced within six months 
 thereafter. 
 
 24. Any person convicted of felony under these provisions, 
 shall be liable to imprisonment in the penitentiary for a term not 
 more than fourteen years nor less than one year, as the court shall 
 award. 
 
TiTLH v.] Chap. 26. Sect. 1—4. 91 
 
 CHAPTER 26. 
 
 OF SABLE ISLAND AND THE LIGHT HOUSES. 
 
 Section 
 
 1. Pertons i.nd property fonnd on Sable Island, 
 how diepoBed of. 
 
 %. Rules for the regulation of the island, how 
 made. 
 
 3. Members of the board, &c., may act as jus- 
 tices. 
 
 Section 
 
 4. Vessels and goods wrecked, how disposed 
 
 of. 
 
 5. Sable island within the county of Hahfax. 
 
 6. Expenses of light houses on St. Paul's and 
 
 Scatarie, how jjrovided for. 
 
 1. Any member of the board of works, or their superintendant, persons and pro 
 or the resident keeper, may apprehend any person who may be sabieistand,°how 
 found residing on Sable Island, having voluntarily gone there for disposed of. 
 any purpose whatever without a license from the governor, de- 
 scribing such person and authorising him to reside thereon ; and 
 
 may bring him and all property found in his possession to Halifax ; 
 and three justices^ upon proof that he was so found, may commit 
 him to jail for not more than six months, and further until he 
 give security for his future good behaviour, and whatever property 
 be found on the island belonging to any such offender, if sufficient 
 to pay the expense of the removal of such offender and goods, 
 shall, by order of such justices, be sold, and the proceeds applied 
 to that purpose, and the residue, if any, returned to the owner ; 
 but if it appear that such property has been cast on the shore of 
 the island, or procured from some wrecked or stranded vessel, it 
 shall be sold, and the proceeds, after payment of the expenses, paid 
 to the owner or his agent, or otherwise be paid into the treasury 
 for the right owner when discovered, who, upon proof to the satis- 
 faction of a judge of the supreme court of his right thereto, shall 
 receive the same. 
 
 2. The board may, from time to time, make rules for the go- ^^atlon o/theis- 
 vemment of the island, and for regulating the duties of the resi- land, how made. 
 dent keeper thereon, for administering relief to shipwrecked per- 
 sons and their removal, preserving and removing shipwrecked pro- 
 perty, and preventing persons not authorised by the governor from 
 
 taking up their residence thereon, and for the general management 
 of the island. 
 
 3. Every member of the board, and also their superintendant Members of the 
 and the resident keeper, shall have, in every respect upon Sable act as'justioes. 
 Island, and in relation to wrecks or wrecked goods there and else- 
 where, the same power and authority as a justice of the peace. 
 
 4. When vessels or goods shall be stranded on Sable Island, or vessels and goods 
 its bars or coasts, and they, or any part thereof, shall be saved by 11'^^' o^f?^ 
 any of the board, or their superintendant, or any person under the 
 authority of the board, they shall be taken in charge by the super- 
 intendant or keeper and sent to Halifax, to be disposed of by the 
 
 board for the benefit of the owners, after payment of salvage to the 
 
92 
 
 Chap. 27. Sect. 1. 
 
 [PAKT I. 
 
 establishment on Sable Island, and all other expenses incurred vrith 
 respect to them, unless the board shall give contrary orders to the 
 superintendant or keeper ; and all goods so saved shall be held to 
 be in the possession of the board, and shall not on any pretence be 
 taken out of the custody of such superintendant or keeper, or per- 
 son employed by either of them, except by order of the board, nor 
 until payment of the salvage and expenses, and such goods shall 
 be liable to duties as if imported. 
 
 5. In all pi-oceedings in any court. Sable Island shall be held 
 to be within the county of Halifax, and any person charged with 
 any criminal oifence committed thereon, or on its shores, banks, or 
 bars, may be proceeded against and tried as if the island were ac- 
 tually within the body of such county. 
 
 6. There shall be annually paid to her majesty, out of the 
 __^ ^^ public revenues towards the support of the light houses and hu- 
 
 rje, how provided mane establishments on the islands of Saint Paul and Scatarie, so 
 long as they shall continue in operation, such sum of money as 
 shall from time to time become payable on the part of this province 
 under the terms of an award made on the sixteenth day of August, 
 one thousand eight hundred and thirty-six, at Miramichi, by com- 
 missioners or arbitrators appointed for that purpose by the pro- 
 vinces of Lower Canada, New Brunswick, Nova Scotia and Prince 
 Edward Island, and the governor shall in each year draw his war- 
 rant for such sum in favor of the board of works. 
 
 Sable Island 
 within the county 
 of HaUfax. 
 
 Expenses of light 
 houses on St. 
 Paul's and Scata- 
 
 TITLE VI. 
 
 OF THE MANAGEMENT AND REGULATION OF THE PUBLIC DOMAIN. 
 
 CHAPTER 27. 
 
 OF THE COAL MINES. 
 
 Section 
 
 1. Proceedings preparatory to opening coal 
 
 mines on private lands. 
 
 2. Lands to be laid off by jury, and damages 
 
 3. Verdict of jury to be confirmed ; bonds for 
 
 rent. 
 
 4. Lands laid off, how to be used. 
 
 ^. Railways may be laid down, and buildings 
 erected. 
 
 Section 
 
 6. Possession to revert to owner in certAin 
 
 cases of neglect. 
 
 7. Provisions for recommencing works or alter- 
 
 iDg the quantity of lands set off. 
 
 8. New bonds provided for in certain cases. 
 
 9. Costs of proceedings to be paid by appli- 
 
 cant. 
 
 Proceedings pre- 1. Whenever it shall be thought expedient by the government 
 fnTSmin'STn ^^ *^P®^ ^^^ "^^^^ ^^J ^ii^^s of coal "within the lands of any person 
 private lands. fop the purpose of raisipg and talking away cq^\ discovered "within 
 
TITLE VI.] Chap; 27. Sbot. 2—3. 93 
 
 tke same, the justices, in general or special sessions, on application 
 in writing by the party authorised to open and work any such 
 mines, shall cause the clerk of the peace, in their presence, to draw 
 the names of twenty-four jurors out of the petty jury list then re- 
 turned to the supreme court of the county, who shall be persons 
 residing at least five miles from, and having no interest in, such 
 lands, and not being of kin to the parties interested therein, or to 
 the persons applying for the opening and working of such mines ; 
 and the justices shall direct the clerk to issue a precept in writing 
 to the sheriff of the county, with a list of the jurors so drawn an- 
 nexed ; by which precept the sheriff _shall be commanded to sum- 
 mon the persons named in such list to appear at some convenient 
 place upon or near the said lands upon a certain day, to be at least 
 foui-teen days after the issuing of the precept, which shall be made 
 returnable to the court of general sessions for such county, to be 
 held next after the day appointed for the meeting of the jurors, 
 and the clerk shall make out and sign notices in writing of the is- 
 suing of such precept, of the time and place of meetiag of the ju- 
 rors, and for what purpose, and upon whose application it issued ; 
 six of such notices to be posted up in the most public places in 
 such county, and if the owner of the lands do not reside within 
 such county a notice shall be inserted in two of the HaUfax news- 
 papers. 
 
 2. Upon the day appointed for the appearance of the jurors. Lands to ^ ^^ 
 the sheriff shall call over the hst, and of those in attendance the dL'^geSes^'sed 
 twelve who shall first answer to their names shall be sworn as a 
 
 jury to the faithful discharge of the duties hereby required of them, 
 and such jury shall proceed to the place intended to be opened, 
 and there lay out so much of the lands as will be sufficient to sink 
 a proper shaft or pit to reach the veins of coal, and also so much 
 as will be sufficient for lodging and depositing whatever may be 
 raised from such mines, and whatever may be necessary to bring 
 to such mines, for the purpose of opening and working the same ; 
 and the jury shall at the same time lay out and mark so much of 
 such lands adjoining such shaft or pit as will be necessary to pass 
 through for making a drain to carry off the water from such mines, 
 and also so much of such lands as may be necessary to make a 
 road or a way from such mines to the nearest navigable sea water 
 or public highway. And such jury shall assess reasonable damages 
 to the owners and tenants of such lands, according to the several 
 interests therein, and as sucli owners or tenants ought to receive 
 for being deprived of the use of the lands so laid off, and for injury 
 done thereto, and for expenses imposed upon them for making 
 fences or ditches for the purpose of separating the lands laid off 
 from other parts of their lands, and shall fix a reasonable annual 
 rent for -the use of the lands so laid off. 
 
 3. A list of the names of such jury shall be annexed to the verdict of juiy to 
 precept, and the verdict of the jury fixing such damages and rent, boXfoTrmt. 
 and to whom and at what time the same are to be respectively paid. 
 
94 Chap. 27. Sect. 4—8. [part t 
 
 shall be entered at the foot of the list and shall be signed by all the 
 jurors, and the precept, with such list and the verdict of the jury 
 annexed, shall be returned as above mentioned ; and the court shall 
 thereupon confirm the same, and order the precept and verdict of 
 the jury to be filed, and shall make an order declaring that so soon 
 as the persons liable by the verdict shall pay the damages therein, 
 and shall enter into bonds, with sufficient sureties to be approved 
 of by the sessions, to pay the annual rent to the persons respec- 
 tively to whom the same is to be paid, such person shall be autho- 
 rised to take possession of the lands so set off, with power to hold 
 the same so long as they pay the stipulated annual rents. 
 Lands laid off, 4. No person shall use any part of the lands so set off for any 
 
 other purpose whatsoever, except such as shall be necessary for 
 making roads, opening drains, erecting necessary works, and all 
 other purposes connected with opening and working such mines to 
 the most advantage ; and the persons so authorised, and all persons 
 employed about such mines, shall use the lands in such manner as 
 will be least injurious to the owners and occupants of such lands or 
 any other lands contiguous thereto. 
 Rauways may be 5. Persons to whom possession of any lands shall be hereby 
 buUdingB'erected. gi'^'cn, may make and repair the roads to and from such mines, and 
 erect thereon railways or any other conveniences to facilitate trans- 
 portation of the articles necessary to be carried to and from the 
 same, and may erect on the ground set off for the use of the shaft, 
 houses and buildings to shelter the workmen and to contain any 
 articles necessary to be used in and about the premises. 
 possesBion to re- 6. Persous erecting any engines or machines, houses or buil- 
 oertnin c^'ef (rf dings on the lands so set off to them, may, during their occupancy, 
 neglect. take down the same and remove the materials thereof notwithstan- 
 
 ding such buildings and erections may be considered in law as at- 
 tached to the freehold. And the owners of all the lands set off un- 
 der the authority of this chapter for the use and accommodation of 
 the workers of such mines, shall be entitled to take possession of all 
 lands so set off in case the working of the mines shall have ceased 
 for six months next before the taking possession unless the working 
 thereof shall have received any temporary interruption from some 
 unforeseen accident ; and such owners shall hold the lands so taken 
 possession of as of their first estate, but before such possession be 
 taken reasonable notice must be given to the persons interested in 
 the mines to remove their effects and materials off the premises. 
 Provisions for re- 7. If it bc fouud expedient to re-commence working any mine 
 wT^^or'aito-ing after the lands set off for the use thereof shall be taken possession 
 tandlTefotf °^ °f V *^® owners, or if it be necessary to alter the quantity of land 
 set off for the use of mines, the same proceedings shall be adopted 
 as hereinbefore stated. 
 New bonds pro- 8. If any change take place of the persons authorised to work 
 any mine, or their sureties die, remove from the province or become 
 insolvent, the justices in session, on application of either party, may 
 order new bonds to be entered into ; and if such new bonds be not 
 
 vided for in cer 
 tain cases. 
 
TITLE VI.] Chap. 28. Sect. 1—2. 95 
 
 given within a time to be limited therefor, the justices may order 
 possession to be restored to the original owner of such lands, who 
 may thereupon assume the possession thereof, and recover whatever 
 compensation may be due for the time that possession of any such 
 land may be held after such bonds ought to be given. 
 
 9. AH costs incurred in carrying out these provisions shall be C"''' of proceed. 
 paid by the party authorised to open such mines. Lreu'eant.''^'"''' 
 
 CHAPTER 28. 
 
 OP THE CROWN LANBS. 
 
 Section 
 
 1. Land boards how constituted ; their du- 
 
 ties. 
 
 2. Upset price } aui-vey ; report •, improve- 
 
 ments. 
 
 Section 
 
 3. Reservations when they may be made, and 
 
 how disposed of. 
 
 4. Improved lands ; price how fixed ; how 
 
 granted. 
 
 5. Indian reseiTes, and free grants. 
 
 1. The governor in council may appoint three or more per- Land boards, how 
 sons in each county to be a land board therefor, who shall collect aX"'""'* ' ""^"^ 
 all information within their counties relating to the ungranted land 
 
 therein, the quality, description, and value of the buildings and 
 improvements on the occupied portions thereof ; they shall receive 
 all applications for grants and shall ascertain what ought to be the 
 price of each lot applied for, when the same has not been occupied 
 or improved as hereinafter mentioned. And when the same has 
 been occupied and improved, then they shall ascertain and deter- 
 mine, to the best of their judgment, what ought to be the price or 
 purchase money thereof, with reference to its original value, inde- 
 pendently of the improvements. And the boards shall from time 
 to time transmit to the governor all such information, applications, 
 and reports, accompanied by such remarks as the circumstances of 
 each case may seem to require. 
 
 2. The governor in council may settle, from time to time, the upset price jsur- 
 price to be paid for ungranted lands, not being less than one shil- pj Jy^Ss^ ' ""' 
 ling and nine pence sterUng per acre, and the manner of making 
 
 the application therefor. Any of her majesty's subjects may, upon 
 due application, become the purchaser at the regulated prices, of 
 such lands as the governor in council shall from time to time see 
 fit to sell, and he shall immediately pay the price and be entitled 
 to possession, if practicable, and to a grant in fee simple, subject 
 to such reservations and conditions as may be deemed necessary, 
 but no grant shall pass until the land shall have been first sur- 
 veyed and a plan of the survey returned to the surveyor general's 
 office, with a report under the hand of the surveyor, setting forth 
 the quality, situation, and value of the land, and whether at the 
 
96 
 
 Chap. 28. Sect. Z~6. 
 
 [part I. 
 
 time of the survey any persons were in possession thereof, and if 
 so, their names and the value of their respective improvements ; 
 and in case at the time of the appKcation there was any dwelling 
 house thereon in which any person 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 persons' actual posses- 
 sion, and had been for at least one year in his constant use, then 
 unless such fact shall have been communicated to the governor be- 
 fore the passing of the grant, he may, within two years, from the 
 passing thereof, if it shall appear proper to do so, declare in coun- 
 cil the grant to be vacated, and the same shall thereupon be 
 deemed void. 
 Eeservations 3. Nothing herein contained shall prevent the governor from 
 
 be made aM how reserving from sale at the fixed price from time to time any portion 
 of the lands which may appear fit to be reserved ; and the lands so 
 reserved the governor may sell or lease at such price, or for such 
 tenure, time, or use, either as regards the land or timber thereof, 
 or quarries or mines thereon, or other benefit derived therefrom, 
 as he may deem expedient. 
 
 4. The governor may determine the price of all lots of un- 
 granted lands which have been or may be actually and in good 
 faith occupied and improved by subjects of her majesty ; but no- 
 thing herein shall make it obligatory on the governor to grant or 
 otherwise dispose of any land to persons in possession of or who 
 have improved the same, if the circumstances of the case shall not 
 give such person equitable claim thereto, but such land may be dis- 
 posed of as the governor shall think just and equitable after report 
 of the land board and full investigation of the &cts. 
 
 5. The governor may reserve for the use of the Indians of this 
 province such portions of the lands as may be deemed advisable, 
 and make a free grant thereof for the purposes for which they were 
 so reserved. 
 
 disposed of. 
 
 Improved lands 
 price how fixed 
 how gi-anted. 
 
 Indian reserveB 
 and free grants. 
 
TItliE VII.] 
 
 Chap. 29. 
 
 97 
 
 TITLE VII. 
 
 OF THE NATIONAL DEFENCE 
 
 CHAPTER 29. 
 
 OF THE MILITIA. 
 
 Section 
 
 1. Persons liable to be enrolled. 
 
 2. Regiments how fonned ; may be divided 
 
 into battalions. 
 
 3. Battalions divided into companies ; how 
 
 officered. 
 4- Limits of districts of battalions and compa- 
 nies, how fixed 
 
 5. Small companies formed in certain cases. 
 
 6. Limits confirmed. 
 "7. Of flank companies. 
 
 8. Of artillery companies and troops of ca- 
 
 vsHvy. 
 
 9. Flank companies without the limits of the 
 
 regiment in Halifas:. 
 
 10. Enrolment : its continuance in certain 
 
 cases. 
 
 11. Artilleiy and other companies may make 
 
 rules for their dress, &c. 
 
 12. Phie for trooper disposmg of his horse. 
 
 13. Enrollment and fine for neglect. 
 
 1-4. Removal ; fine for not enrolling in such 
 case. 
 
 15. Age disputed by whom to be proved. 
 
 16. Fine for non-attendance when not eni'olled. 
 
 17. Halif^ regiments, in what company to do 
 
 duty. 
 
 18. Men to give notice of removal. 
 
 19. Clerks of companies, sergeants, &c., how 
 
 appointed. 
 
 20. Not obliged to serve out of regiment limits. 
 
 21. Clerk's oath. 
 
 22. Clerk's exemption and duties. 
 
 23. Fine for neglect of duty. 
 
 24- Sergeant-major and clerk of regiment to be 
 appointed ; extra clerks. 
 
 25. Exemption from draft ; clerk to be sworn. 
 
 26. ReturiK by captains and colonels. 
 
 27. Forms of returns. 
 
 28. Fine for false return. 
 
 29. Fine for neglecting to make returns. 
 
 30. Ai-ms to be distributed ; how and to whom. 
 
 31. Bond on i*eceipt of arms ; form. 
 
 32. Bond where lodged ; penalty for not recei- 
 
 ving arms. 
 
 33. Fee on filling up bond. 
 
 34. Sureties to bonds, 
 
 13 
 
 Section 
 
 35. Arms to be returned when required by cajp- 
 
 tain. 
 
 36. Ammunition, &.c., to be provided by men. 
 
 37. Fine for appearance at muster unequip- 
 
 ped. 
 
 38. Arms for persons not giving security, how 
 
 provided. 
 
 39. Colonels and captains when responsible for 
 
 ai'ms. 
 
 40. Arms how marked. 
 
 41. Arms where to be lodged. 
 
 42. Fine for selling or receiving arms, &c. 
 
 43. Persons about to remove with arms, &;g., 
 
 may be arrested. 
 
 44. Persons restoring arms, &c., entitled to a 
 
 remission of half the penalty. 
 
 45. Arms, &c., to be inspected by colonel's 
 
 order. 
 
 46. Anns, &c., to be returned before removal, 
 
 47. Fine for arms, &c. being dirty. 
 
 48. Arms subject to governor's order before dis- 
 
 tribution. 
 
 49. Drilling to be subject to governor's order. 
 
 50. Fine on colonels and captains for neglecting 
 
 to obey training orders. 
 
 51. Fine for non-attendance, and refusal by men 
 
 to do duty. 
 
 52. Clerk to give notice of sitting of board of 
 
 appeal. 
 
 53. Boards how formed. 
 
 54. Power and duty of boards. 
 
 55. Notice of muster where and how given. 
 
 56. Notice of re-assembling how given. 
 
 57. Captains to report excuse for non-atten- 
 
 dance. 
 
 58. Fines for non-attendance of officers. 
 
 59. In case of invasion militia may be called 
 
 into actual service. 
 
 60. Of voluntary service for defence of New 
 
 Brunswick. 
 
 61. Sudden attacks how provided against. 
 
 62. Rosters in case of actual service. 
 
 63. Men to be classed for service. 
 
 64. If deficiency of arms, first class to be first 
 
 provided for. 
 
 65. Ballots for rosters ; rosters how prepared. 
 
93 
 
 Chap. 29. Sect. 1—2. 
 
 [PAB-T I. 
 
 Section 
 
 66. Cavalry and artillery troops drafLed and 
 
 classed. 
 
 67. Men for actual service how furnished and 
 
 drawn. 
 
 68. Rotation of service. 
 
 69. Provisions in case of Quakers. 
 
 10. Cases of removal ; regulation as to roster. 
 
 71. Exemptions for one where two or more sons 
 liable to service. 
 
 73. Exemption in case of aged, dependent per- 
 sons. 
 
 73. Assessments upon persons in the army or 
 navy employ in Halifax. 
 
 74-. How levied. 
 
 75. Fine for non-compliance with orders in cabe 
 
 of actual service. 
 
 76. Pay in case of actual service. 
 
 77. Treasury liable when pay below a certain 
 
 rate. 
 78- Watching and warding provided for. 
 
 79. Provision for pay for extra labor. 
 
 80. Fine for false alarm. 
 
 81. Expense for defence of districts exposed to 
 
 attacks by water, how provided for. 
 
 82. Articles of war, in case of invasion, may be 
 
 prescribed. 
 
 83. Sentence of death by court martial only in 
 
 certain cases. 
 
 84. Corporal punishment forbidden ; sentences 
 
 of court martial to be approved by gover- 
 nor. 
 
 85. General courts martial how constituted. 
 
 86. Oath of officer before trial. 
 
 87. No sentence of death except twelve oflBcers 
 
 concur. 
 
 88. Judge advocate how appointed ; oath of 
 
 office. 
 
 89. Governor's warrant on sentence of death. 
 
 90. Sentence how executed. 
 
 91. Warrant to be read at the exrcution. 
 
 92. Field officer's trial, who shall sit upon. 
 
 93. General court martial a court of appeal. 
 
 94. Powers of general court martial on appeal. 
 
 95. Regimental court martial — who may order ; 
 
 how constituted. 
 
 96. Powers of court to sentence. 
 97- Sentence how approved. 
 
 98. Manner of proceeding, and power of court 
 
 in cases of contempt. 
 
 99. Relations not to sit on court. 
 
 100. Accuser shall not sit. 
 
 101. Expenses of military courts how defrayed. 
 
 102. In cases of emergency colonels of regiments 
 
 may be required to furnish drafts. 
 
 103. OfBcen; how selected ; orders for regiment. 
 
 Section 
 
 104. Provisions in case of disability of men. 
 
 105. Necessaries when and how provided. 
 
 106. Desertion how prevented and punished. 
 
 107. Power of governor to order drafts, &c. when 
 
 not for actual service ; number of days^ 
 drill. 
 
 108. Of drills, and travel to attend. 
 
 109. Fine for non-attendance. 
 
 110. Fine for misbehaviour ; commitment and 
 
 form. 
 
 111. Fine for refusal to convey offender to jail ; 
 
 other fines and penalties. 
 
 112. Fees for commitment ; imprisonment. 
 
 113. Confinement and fine for interrupting mili- 
 tary duty. 
 
 114. Feniage free to militia ; freedom from arr 
 rest. 
 
 115. Persons exempt from enrolment. 
 
 116. Persons exempt from musters. 
 
 117. Sickness to exempt from duty. 
 
 118. Fine for false certificates by medical men. 
 
 119. Quarter-master's bonds and commissions. 
 
 120. Shall exhibit his accounts. 
 
 121. May appoint a quarter-master-sergeant. 
 
 122. Meetings to be called by colonel for making 
 regulations, &c. 
 
 123. Obedience enjoined upon officers by fine-. 
 
 124. Accoimts of fines and their appropriation 
 provided for. 
 
 125. What rules shall require the governor's 
 sanction. 
 
 126. Fines on officers for neglecting to attend 
 meetings. 
 
 127. Field ofl&cers removing, or unattached, lia- 
 ble to duty. 
 
 128. Officers cashiered, resigning, or dismissed, 
 lose rank, &c. 
 
 129. Officers neglecting to take out commissions, 
 liable to be superseded, &c. 
 
 130. Inspecting officers may be appointed. 
 
 131. Adjutant general and quarter master gene- 
 ral exempt from serving on juries. 
 
 132. Persons of color may be formed into com- 
 panies. 
 
 133. Provision for persons wounded in actual 
 service. 
 
 134. "Widows and families of persons killed, how 
 provided for. 
 
 135. Fines how recovered and enforced. 
 
 136. Justices not entitled to fees. 
 
 137. Amendment of process provided for. 
 
 138. Appropriation of fines. 
 
 139. Limitation of actions. 
 
 140. Definition of terms. 
 
 141. Limitation of chapter 
 
 Persons liable to 
 be enrolled. 
 
 1 . Every man of the age of sixteeiij and not over sixty years 
 of age, shall be enrolled in the militia. 
 Regiments how 2. The militia shall be formed into regiments by counties, and 
 dS\d'iXCu *he regiments, wh^re]_the counties are sufficiently populous, shall 
 
 talions. ... 
 
TITLE vil.J Chap. 29. Sect. 3—14. 99 
 
 be divided into battalions, to consist of not less than three hun- 
 dred nor more than eight hundred men. 
 
 8. For the purpose of conveniently assembling, the battalions Battalions divweci 
 shall be formed into companies, by districts, of not less than thirty ITow omSed.'^^ ' 
 nor more than eighty men. For every company of not more than 
 sixty men there shall be one captain and two subalterns, and every 
 larger company may have an additional subaltern. 
 
 4. The governor shall aflSx the limits comprising the regiments Limits of districts 
 or battalions, and the field officers and captains shall regulate the compaSe™ how'' 
 limits of the districts of the companies, and the number of men to ^^''''• 
 
 be enrolled in each company, whose names shall be registered by 
 the clerk in a book to be kept by him for the purpose, which shall 
 be ready at all times for the inspection of the officers. 
 
 5. In places where the men liable to serve are not sufficiently smaii companies 
 numerous to form a complete company, smaller companies may be Ja™'.'' " '^"■'^'° 
 formed ; and where the number shall not exceed twenty, one offi- 
 cer, and exceeding twenty and not over thirty, two officers, shall 
 
 be appointed for the same. 
 
 6. The limits already formed shall remain until altered. limi's confirmed. 
 
 7. Flank companies shall wholly consist of light infantry or of fianii compa- 
 riflemen, except where grenadiers are already formed, and shall '"'^^' 
 contain such numbers as the governor may determine, and there 
 
 shall not be more than two such companies to any one regiment. 
 
 8. The governor may establish artillery companies and troops of aituiery com- 
 of cavalry, and limit the numbers of officers and men. Artillery of^avatJ'y. "^°°''^ 
 companies now formed shall continue until otherwise ordered. 
 
 9. No flank company shall be formed without the limits of the Rank companies 
 
 . i*iT.£j. J JTTTP • J. • without the limits 
 
 regiment, except m the first and second Hafiiax regiments, m of the regiment in 
 
 which the men may reside within the limits of the city. Halifax. 
 
 10. Every man enrolled in an artillery, grenadier, light in- Enrolment ; its 
 fantry or rifle company, or troop of cavalry, shall continue in his certain cases. 
 company or troop for five years from the date of his enrolment, 
 
 unless he shall remove from the district or be discharged by the 
 captain, with the approbation of the colonel. 
 
 11. Artillery, grenadier, light infantry and rifle companies, Artmery & other 
 and troops of cavalry, at any meeting convened by the captain, of mSe™nies°tor 
 which three days' notice shall be given, may, by vote of the ma- "^'"'" '^'^'' *"^- 
 jority present, make rules for their government, dress, drilling 
 
 and discipline, and may impose a fine not exceeding forty shillings 
 for breach of any such rule, but no rule made under this section 
 shall be acted upon till approved by the captain and the colonel. 
 
 12. If any member of any troop shall dispose of his horse Kne for trooper 
 without the consent of the captain he shall forfeit ten pounds. iS!™^ ° 
 
 13. The captain shall enrol every man residing within the Enrolment, and 
 limits of his company, who is liable to serve therein, and every "^ »■■ neglect. 
 man who shall not, within one month after his becoming liable to 
 
 serve, give in his name and place of residence to the captain, in 
 order to be enrolled, shall forfeit ten shilhngs. 
 
 14. Any man removing without the limits of his company „o™°^^uin'^"^^°'' 
 
100 
 
 Chap. 29. Sect. 15—24. 
 
 [part I. 
 
 Age disputed, by 
 whom to be pro- 
 ved. 
 
 Fine for non-at- 
 tendance when 
 not enrolled. 
 
 Halifax regiments 
 in what company 
 to do duty. 
 
 Mento give notice 
 of removal. 
 
 Clerks of compa- 
 nies, sergeants, 
 &c., how appoint- 
 ed. 
 
 Not obliged to 
 serve out of regi- 
 mental limits. 
 
 Clerk's oath. 
 
 Clerk's exemption 
 and duties. 
 
 Fine for neglect of 
 duty. 
 
 Sergeant major 
 and clerk of regi- 
 ment to be ap- 
 pointed ; extra 
 clerks. 
 
 shall, within ten days thereafter, give in his name, age, and place 
 of residence to the captain of the district into which he shaU have 
 removed for the purpose of being enrolled therein, under a penalty 
 of ten shillings. 
 
 15. If any difference shall arise between the captain and any 
 man concerning his age, it shall be incumbent on the man to prove 
 his age. 
 
 16. If any man shall neglect to enrol himself, and shall in 
 consequence be absent from any muster, then, in addition to the 
 fine for not enrolling himself, he shall be hable to the fine fiar non- 
 attendance at such muster. 
 
 17. Every man in the Halifax regiments shall be bound to do 
 his duty in the company in which he was enrolled before the first 
 day of October in every year, and shall be deemed to belong to 
 that company for the year next following, notwithstanding any 
 change of residence within the hmits of his regiment. 
 
 18. Any man in the Halifax regiments who shall move out of 
 the limits of his company shall, within one week, give notice of the 
 same to the clerk of the company of his new place of residence, 
 under a penalty of ten shilhngs. 
 
 19. The captain with the approbation of the colonel, shall 
 appoint a clerk of the company, sergeants, corporals, drummers, 
 and, if necessary, buglers and pipers, and any person refusing such 
 appointment, or accepting and afterwards neglecting his duties 
 therein, shall forfeit forty shillings. 
 
 20. Any person having an appointment under the last pre- 
 ceding section shall continue therein notwithstanding his removal 
 from the limits of his company, but he shall not be obliged to serve 
 out of the limits of the regiment within which he may reside, un- 
 less on actual service. 
 
 21. Every clerk of a company shall make the following oath 
 before a justice of the peace : — "I, A. B., do swear truly to per- 
 form the duties of my office as clerk of the company of 
 
 militia, under the command of , to the utmost of my skill." 
 
 22. The clerk shall be exempt from draft for actual service. 
 He shall keep a register of his company and furnish to the non- 
 commissioned officers lists of men whom they are to warn for mus- 
 ter, and shall take lists of the company when required by the 
 captain, and attend upon officers making inspection of arms, and 
 shall attend the meetings of the company, and, when ordered, pro- 
 secute for all fines in the name of the captain. 
 
 23. If a clerk shall neglect his duty, he shall forfeit not less 
 than one nor more than five pounds for each ofience, to be reco- 
 vered in the name of the captain. 
 
 24. The colonel of every regiment shall appoint a sergeant 
 major, and a clerk for the same, and an additional clerk for every 
 division thereof which cannot, from local circumstances, be assem- 
 bled at the place of general rendezvous ; but no more than one ad- 
 ditional clerk shall be appointed in any one regiment. 
 
^ iyi4 ^ / 
 
 TITLE vii.] Chap. 29. Sect. 25—31. _. - ' /■ 101 
 
 25. The sergeant major and the regimental clert shall be ex- Exemption from 
 empted from draft for actual service, and the clerk shall be sworn s^tm. "'^'^''"'''^' 
 into oiBce and be subject to the same liabilities as a clerk of a com- 
 pany, to be enforced by the colonel. 
 
 26. Every captain shall before the first day of November in Retm-ns by cap- 
 
 •I n, T _L-i. 1 1 1 11 ■ -i. 1 J. tains and colonels. 
 
 every year, and ottener it the colonel shall require it, make returns 
 of the strength of the company and of the arms thereof ; and the 
 colonel shall before the first day of December, make out, for the 
 adjutant general, a return of the strength of his regiment and of 
 the arms, and the amount of fines cgllected and the expenditure 
 thereof, with vouchers. 
 
 27. The returns shall be in the form prescribed by the adju- Poms of returns, 
 tant general. 
 
 28. Any officer wilfully making a false return shall be cash- Kne for raise re- 
 iered by sentence of a general court martial, and shall pay a fine 
 
 of twenty pounds. 
 
 29. Any colonel neglecting to make the return hereinbefore Fine for negiec- 
 prescribed shall forfeit twenty pounds, and every captain neglect- ^Zls.° ™'"' "' 
 ing to make such return shall forfeit five pounds. 
 
 80. Every freeholder of the age of twenty-one years enrolled Armstobedistri- 
 
 _ .-, . •^ , ., ,. T 1 • 1 1 1 buted,howancl to 
 
 m the militia shall, alter twenty days notice, attend at the place whom. 
 of distribution of arms and accoutrements, when he shall receive a 
 musket or rifle, and cartouche box capable of containing eighteen 
 rounds of ball cartridge, and a bayonet or sword suitable for such 
 musket or rifle, with proper belts for the same ; such accoutre- 
 ments to be of the same kind as used in her majesty's service. 
 
 31. Upon receiving his arms and accoutrements, each man Bond on receipt 
 
 in. 1 1 • i_i ^ n • r» of arms ; form. 
 
 shall give a bond m the lollowmg lorm : 
 
 " Know all men by these presents that we, A. B. and C. D., 
 are held and firmly bound to our sovereign lady the queen in the 
 sum of five pounds, to be paid to her majesty, her heirs or succes- 
 sors, for which payment, well and truly to be made, we bind our- 
 selves, and either of us by himself, our and each of our heirs, ex- 
 ecutors and administrators, firmly by these presents, sealed with 
 our seals and dated the day of , A. D. 18 — . 
 
 The condition of this obhgation is such that if the above bounden 
 A. B. shall at all times hereafter safely keep in good and service- 
 able order and condition, and have ready to return when called for 
 by the commanding officer of the regiment, [or battalion, as the 
 case may be, specifying the particular regiment or battalion to 
 which such freeholder m,ay belong^ one musket, &c. [specifying 
 the arms which may have been received by such freeholder^ 
 which have been issued to him under the provincial laws regulating 
 the mihtia, and shall in all things perform the provisions of such 
 laws touching such arms and accoutrements, then this obligation 
 shall he void. 
 
 Signed, sealed, and delivered in the presence of 
 
 A. B., 1. s. 
 CD., 1. s." 
 
102 
 
 Chap. 29. Sect. 32—41. 
 
 [part r. 
 
 Bond where lodg- 
 ed ; penalty for 
 not receiving 
 arms. 
 
 Fee on filling up 
 bond. 
 
 Sureties to bonds. 
 
 Arms to be re- 
 turned when re- 
 quired by captain. 
 
 Ammunition, &c., 
 to be provided by 
 men. 
 
 Fine for appear 
 ance at muster 
 unequipped. 
 
 Anns for persons 
 not giving secui-j- 
 ty,how provided. 
 
 Colonels and cap 
 tains when re- 
 sponsible for 
 arms, &c. 
 
 Arms how mark- 
 ed. 
 
 Arms vrhefe to be 
 lodged. 
 
 32. All bonds given under the last preceding section shall be 
 lodged with the captain, and any freeholder who shall not receive 
 the arms and accoutrements and give such bond, or who shall not 
 within the time Umited provide himself therewith at his own ex- 
 pense, shall pay a fine of two pounds. 
 
 33. Every freeholder giving such bond shall pay one shilling 
 to the person who shall fill up the same. 
 
 34. Any man over twenty-one, not being a freeholder, shall 
 receive arms and accoutrements upon giving bond, with one surety 
 being a freeholder ; and any. man under twenty-one shall receive 
 the same upon giving bond with two such sureties. 
 
 35. Every man when thereunto required by the captain, shall 
 return his arms and accoutrements under a penalty of five pounds, 
 and if the bond be not forthcoming the receipt of the captain shall 
 be a discharge thereof. 
 
 36. Every man when requfred by the order of the governor, 
 shall, at his own expense, provide himself with a set of straps for 
 carrying a great coat or blanket, a pricker and brush to clean the 
 pan of his musket or rifle, also with a leathern or canvas knapsack 
 with straps and buckles, three good flints, eighteen ball cartridges 
 of a size to fit the musket or rifle, and forty buckshot, under a 
 penalty of ten shilhngs. 
 
 37. Any man appearing at a muster without his musket or 
 rifle shall forfeit ten shilhngs, and he shall further forfeit one shil- 
 ling for every article enumerated in the last preceding section 
 which he shall have omitted to bring, — flints, cartridges and buck- 
 shot to be respectively considered one article. 
 
 38. The captain shall prepare a fist of the men in his company 
 who are not obliged or able to give security, or to provide arms at 
 their own expense, and shall receive the arms and accoutrements 
 requisite for them, for the custody and return whereof he shall be 
 responsible, and shall give receipts for them in duplicate, one to be 
 entered in the orderly book and the other to be given to the adju- 
 tant general ; and every captain who shall not within thirty days 
 after public notice that such arms and accoutrements are to be dis- 
 tributed, prepare such fist, receive such arms and accoutrements 
 and sign receipts therefor, shall forfeit five pounds and be deprived 
 of his commission. 
 
 39. Colonels of regiments and captains of troops or artUlery 
 companies shall be responsible for arms and accoutrements dehvered 
 for them, for which they shall give a receipt to the quarter master 
 general. 
 
 40. The arms shall be distinctly numbered and marked with a 
 brand on the left side of the broad part of the butt with the 
 county and number of the regiment, and with the letter M ; the 
 brand to be provided at the county expense and furnished to the 
 colonel, who shall cause the arms to be branded as prescribed by 
 this section before they are issued. 
 
 41. The captain shall lodge the arms and accoutrements in a 
 
TITLE VII.] 
 
 Chap. 29. Sect. 42—50. 
 
 103 
 
 suitable place to be delivered to the men as lie stall order, and 
 every man shall return such arms to the place of deposit within 
 twenty-four hours after performance of the service for which he 
 received the same, under a penalty of five shillings for every day's 
 neglect. 
 
 42. Every man who shall convey any such arms or accoutre- 
 ments out of the hmits of the regiment except when on duty, or 
 shall dispose thereof, and any person who shall receive the same, 
 shall forfeit five pounds for every musket or rifle and ten shillings 
 for every article of accoutrement. And every person who, without 
 authority, shall convey any such arms or accoutrements on board 
 of any vessel to carry them out of the county, and any person who 
 shall receive them jbr such purpose, shall forfeit ten pounds. 
 
 43. If information upon oath shall be given to any justice of 
 the peace that a person oflending under the foregoing section, who 
 is not a freeholder, is about to remove out of the county with such 
 arms or accoutrements, the justice may issue his warrant for the 
 apprehension of such person to answer the offence. 
 
 44. Any person charged with disposing of or with receiving 
 any arms or accoutrements, who shall immediately restore the same, 
 shall be entitled to a remission of half the fine or term of imprison- 
 ment. 
 
 45. The colonel shall once in every year, and oftener if he 
 shall think it necessary, order an inspection of the arms, accoutre- 
 ments, and ammunition of the several companies under his com- 
 mand, to be made by one oflicer of each company, attended by the 
 clerk, calhng at the abode of each man and making a return of 
 their condition ; and every man whose arms and accoutrements 
 shall be in an unserviceable condition, or who shall be deficient in 
 any of them, shall be subject to the like penalty for every such 
 defect as if the same had occurred at a muster. 
 
 46. Before removing out of the hmits of his company, every 
 man shall return to the captain the arms and accoutrements which 
 he shall have received in good and serviceable condition, under a 
 penalty of five pounds. 
 
 47. If any man shall appear at a muster with his arms and 
 accoutrements in a dirty or unserviceable condition, he shall pay 
 not less than two shilhngs and six pence, nor more than ten shil- 
 hngs. 
 
 48. Until arms shall be ordered for distribution, the governor 
 may make any order for storing and keeping them in order. 
 
 49. The governor may make orders for the disciplining of the 
 militia, prescribing the number of days for drill, not to exceed 
 three days in the year, and the mode of assembhng ; and unless 
 some exigency shall require, there shall be but one day's meeting 
 for drill, at which the first class militia shall attend, and the go- 
 vernor may dispense with any meeting. 
 
 50. Every colonel who shall neglect to give orders for the as- 
 sembhng of his regiment by companies, as required by the general 
 
 Fine for selling or 
 receiving arms, 
 
 Persons about to 
 remove with arms 
 &c., may be ar- 
 rested. 
 
 Persons restoring 
 arms, &c. entitled 
 to a remission of 
 half the penalty. 
 
 Arms, &(:., to be 
 inspected by co- 
 lonel's order. 
 
 Arms, &c., to be 
 returned before 
 removal. 
 
 Fine for arms, &c. 
 being dirty. 
 
 Arms subject to 
 governor's order 
 before distribu- ' 
 tion. 
 
 Drilling to be sub- 
 ject to governor's 
 order. 
 
 Pine on colonels 
 and captains for 
 neglecting to obey 
 training orders. 
 
104 
 
 Chap. 29. Sec*. 51—58. 
 
 [part I. 
 
 Fine for non-at 
 tendance, and re- 
 fusal by men to do 
 duty. 
 
 Clerk to give no- 
 tice of sitting of 
 board of appeal. 
 
 Boards how for- 
 med. 
 
 Power and duty 
 of boards. 
 
 Notice of muster 
 where and how 
 given. 
 
 Notice'of re-as- 
 sembling how 
 given. 
 
 Captains to re- 
 port excuse for 
 non-attendance. 
 
 Fines for non-at- 
 tendance of ofli 
 cers. 
 
 orders, for training, stall forfeit twenty pounds ; and every captain 
 who shall neglect to obey the orders in this respect shall forfeit five 
 pounds. 
 
 51. Any man who shall, upon notice, neglect to attend with- 
 out sufficient excuse, shall pay for the first offence ten shillings, for 
 the second offence fifteen shillings, and for every subsequent of- 
 fence one pound. Every man on parade refusing to perform the 
 duty required of him, or departing from his company without leave 
 from the colonel or captain, shall pay not less than five nor more 
 than twenty shillings, to be imposed by the colonel or captain. 
 
 52. The clerk shall notify every person fined for non-atten- 
 dance, either personally or by writing left at his last place of abode, 
 that at a certain time, the same not to be less than four days after 
 such notice, and at a place therein to be mentioned, a board of offi- 
 cers will hear appeals. 
 
 53. The colonel may form boards of officers to hear appeals, to 
 consist of one field officer and two captains, or of three captains, or 
 of two captains and three subalterns, or of one captain and four 
 subalterns, and shall by regimental order appoint a day for the 
 meeting, not to be longer than thirty days after musters, and every 
 captain shall have notice thereof 
 
 54. The board may remit any fine, on proof of sickness of the 
 man or of one of his family requiring his attendance, or of unavoi- 
 dable accident rendering it impossible for him to reach the place of 
 meeting, or the sudden occurrence of urgent business the postpone- 
 ment of which would seriously have injured his affairs, but shall 
 remit such fines upon no other grounds. All fines confirmed by 
 the board shall be certified in a schedule to be signed by the presi- 
 dent. 
 
 55. Every man shall receive at least three days' notice of the 
 musters at Avhich he shall be required to attend, to be given to him 
 in person by any commissioned or non-commissioned officer, clerk, 
 or private having the written orders of the captain, or if he can- 
 not be found to be left at his abode ; but in the latter case, if the 
 man shall not receive the notice, he may prove his ignorance 
 thereof either to the captain or to the board of appeal. 
 
 56. The commanding officer at any muster may name another 
 day for re-assembhng, and his orders then given shall be a notice 
 to every man who shall have been notified of the first day of meet- 
 ing. 
 
 57. When a captain shall accept of an excuse for non-atten- 
 dance, he shall, if required by the colonel, make a written report 
 thereof, and for neglecting to do so shall forfeit two pounds and 
 ten shillings. 
 
 58. Any officer under the rank of a lieutenant colonel failing 
 to attend a meeting without a reasonable excuse, shall, if a major, 
 forfeit five pounds ; if a captain, three pounds ; and if a subaltern 
 two pounds ; and the adjutant shall receive one fourth of the pe- 
 nalty for his trouble in collecting the same. 
 
Mle vii.] Chap. 29. SecI 59—65. JOS 
 
 59. In case of invasion made or tlu-eatened, the governor inay in case of inva- 
 call into actual service the miUtia, and may order any part thereof be'catofintu™?^ 
 to march from one part of the province to another. '"'' ^"■"'''• 
 
 60. The governor may accept the voluntary service of aliy of or voluntary ser- 
 the embodied mihtia for the defence of New Brunswick against the \«V°Bnm™vick' 
 common enemy ; and while serving in that province they shall be 
 governed by the laws made for the go^'ernment of the militia of 
 
 tills province and by none other. 
 
 61. In case of any sudden attack made or threatened, where suaden attacks 
 the governor cannot be immediately consulted, the commanding against"'*'"' 
 officer shall, if he think it necessary, call out the militia for actual 
 
 service. And if any invasion or attack shall be made or threatened 
 in any place where the officer commanding in the county cannot be 
 consulted, the militia may be called out by the officer in command 
 there, and a report shall be made to the commanding officer in the 
 county, who shall despatch an express to the governor notifying 
 the danger, and strength and motions of the enemy ; and the com- 
 manding officer may impress in such service, men, horses, boats 
 and carriages, as the nature of the case may require, a reasonable 
 compensation for winch shall be made to the owners ; and tlie 
 governor in council, on the certificate of the commanding offi- 
 cer and any two captains, shall draw on the treasury for the 
 amount. 
 
 62. When any part of the mihtia shall be called into actual iiostevs m case ot 
 service, all duties, except in cases of great emergency, shall be re- "'^"'"' ''"■^'""'■ 
 gulated by rosters, to be framed as hei'einafter directed. 
 
 63. The colonel of every regiment, under the orders of the go- Men to be classed 
 vernor, shall cause the captains to divide the men into two classes, '"' """■^'^ 
 
 the first to consist of all the able men from the age of eighteen to 
 forty-five, inclusive, which shall be the first for service ; the se- 
 cond to consist of those over forty-five and under eighteen, which 
 shall be considered the second for service. 
 
 64. In case a sufficiency of arms shall not be provided by the if dencieiicy or 
 province for the whole of the militia, the whole of the first class 
 sliall be provided with arms and accoutrements before any of the 
 second class. 
 
 65. The captain shall cause a ballot to be made of the first Baiicts for rosters, 
 class for forming a roster or list, whereby the men may be called 
 into actual service in manner following : 
 
 First, — Each name shall be written on a piece of paper which 
 shall be rolled up and put into a box or a hat, and well mixed ; all 
 pieces of paper so used to be of equal size and rolled up in the 
 same manner. 
 
 Second,— Pieces of paper of equal size rolled up in the same 
 maimer and numbered from one to the extent of the number of the 
 men, shall be mixed together in another box or hat. 
 
 Third, — Two persons, to be nominated by the captain, shall 
 alternately, until the whole are drawn, publicly draw the names, 
 and the clerk shall make a list of such names as they are drawn, 
 14 
 
 I]' ins lirst class 
 to be first provi- 
 ded for. 
 
 I'ostei's how pre- 
 liared 
 
106 
 
 Chap. 29. Sect. 66—73. 
 
 [PAET I. 
 
 Cavahy and artil- 
 lery troops draf- 
 ted and classed. 
 
 Men for actual 
 service how fur- 
 Ished & drawn. 
 
 Rotation of ser- 
 vice. 
 
 Provision in case 
 of Quakers. 
 
 Cases of removal, 
 regulation as to 
 roster. 
 
 Exemptions for 
 one where two or 
 more sons liable 
 to service. 
 
 Exemption in 
 case of aged de- 
 pendant persons 
 
 Assessment upon 
 persons in the ar- 
 my or navy em- 
 ploy in Halifax. 
 
 and as each name is drawn shall put the number thereof opposite 
 to such name, and from such list the clerk shall form a roster. 
 
 66. Troops of cavalry and artillery companies shall be drafted 
 and classed for actual service in the same manner. 
 
 67. When the governor shall order any nuniber of men for 
 actual service, they shall be furnished in as exact a proportion as 
 possible to the number of effective men ; and every company or 
 troop shall furnish its proportion from the first class, according to 
 the roster ; and every man so hable to serve, unless prevented by 
 sickness or other sufficient cause, shall go or find an approved sub- 
 stitute, and in default shall be liable to a penalty of ten pounds, 
 and if the same shall not be paid, may, by the commanding oflicer, 
 be imprisoned for three months, and the next man on the roster shall 
 serve in his place, who shall have the whole of the fine if he shall 
 go or find a substitute ; but if he refuse or neglect to go he shall 
 be liable to the same fine and imprisonment, and the next man 
 shall be called out, and shall have the last mentioned fine if he, by 
 himself or a substitute, shall serve, and so as often as such case 
 shall happen ; but no man shall receive more than one fine of ten 
 pounds. 
 
 68. If any part of the company shall be called out oftener than 
 once in four years, no man who has served shall be liable to serve 
 again until all the effective men shall have served personally or by 
 substitute. 
 
 69. No Quaker shall be subject to such fine ; but in case he 
 shall refuse to go or to find a substitute, the captain may procure 
 a substitute for him, and the Quaker shall pay the expense thereof, 
 the same not to exceed ten pounds. 
 
 70. When any man shall remove from the limits of the com- 
 pany to any place within the limits of another company, he shall 
 fall in on the roster immediately before the man who has drawn 
 the same number. 
 
 71. When there are two or more sons residing in the family of 
 their father or mother for one year preceding who shall be liable to 
 be ordered for service at the same time, one shall be excused, and 
 the next on the list shall be called. 
 
 72. If any person aged sixty years or upwards, or any widow, 
 shall have a son, grandson or apprentice, on whom he or she shall 
 be dependant for support, living with him or her for twelve months 
 preceding, he shall be exempted so long as he resides in the family 
 and contributes to the support of the same. 
 
 73. Whenever a proportion of the militia of the city of Halifax 
 shall be called into service, the colonel of the regiment to which 
 clerks, storekeepers, mechanics or laborers belong who are employ- 
 ed in any department of the army or navy, may apportion the 
 number of drafts which they ought to furnish, and procure substi- 
 tutes in their places on the most reasonable terms, and the expen- 
 ses shall be assessed on them in proportion to their daily pay by 
 the colonel with the assistance of two captains. 
 
TiTLK vii.J Chap. 29. Sect. 74—82. 107 
 
 74. Every person assessed under the preceding section shall, iiow itvicti 
 on notice, pay the amount to the colonel, and on refusal any justice 
 
 upon complaint of the commanding officer may issue his warrant of 
 distress upon the offender's goods and sell the same, and for want 
 of goods may commit him to jail until the amount assessed be paid; 
 but any such person may procure a substitute or serve personally, 
 and may, on receiving due notice of the duty required of him, de- 
 clare such intention. 
 
 75. Whenever any of the militia shall be ordered into actual rine for non-com- 
 service, any man who shall refuse or neglect to obey the order and Se™ In^ase^f 
 shall not march and proceed to perform such service as may be re- '"^"'"■' s^''™«- 
 quired either by himself or his substitute, shall be confined by the 
 commanding officer and be subject to a fine of ten pounds, and in 
 
 default of payment to three months imprisonment. 
 
 76. When on actual service the officers, non-commissioned offi- Pay in case of 
 
 . .T • ii^f i*j_ actual service. 
 
 cers, trumpeters, drummers, pipers, buglers, titers and privates 
 shall be entitled to the same pay, allowances and rations as her 
 majesty's regular troops, to be reckoned from the day they march 
 on actual service until dismissed by the governor, and at the time 
 of their dismissal they shall be allowed a number of days' pay to 
 defray their expenses to their usual places of abode, according to 
 their distances, at the rate of fifteen miles a day. 
 
 77. If the pay to persons under the rank of commissioned offi- Treasury iiawe 
 
 in x«/ X pn. 1 r»Ti' when pay below 
 
 cers shall not amount to the rates lollowmg, clear oi deductions, a certain rate, 
 that is to say : to sergeants, two shillings per day — corporals, 
 trumpeters, drummers, buglers, pipers or fifers, one shilling and 
 six pence per day, and privates one shilling and three pence per 
 day, the governor in council at the time of payment may draw on 
 the treasury for the amount of the deficiency. 
 
 78. The duties of watching and warding shall be equally dis- watching and 
 tributed amongst able bodied men of the district as well officers and ded im. '"°^' 
 those exempted from muster as others, according to a roster to be 
 
 kept by the captain of every company, and every person refusing 
 to perform his turn of duty shall forfeit ten shillings. 
 
 79. When by the direction of the governor guards shall be Provision for pay 
 kept so that the watching and warding performed by any one man 
 
 shall exceed six days or nights in one year, the governor may pay 
 every such man for the excess over that time according to the rate 
 hereinbefore mentioned upon certificate of the colonel. 
 
 80. Every person wilfully making a false alarm shall forfeit Fine for false 
 ten pounds. 
 
 81. In anv district exposed to attack by water, the sessions, E.xpense for de- 
 
 " n 1 1 • i.1 fence of districts 
 
 on presentment of the grand jury, may assess the sum necessary exposed to attacks 
 
 for providing armed boats for defence, to be under the direction of ^y water,how pro- 
 the commanding officer : and when no longer necessary they may 
 be disposed of by the sessions. 
 
 82. In case of an invasion, or imminent danger thereof, when Articles of war in 
 the militia shall be called out for actual service, such of the arti- mty be "retcri'^ 
 cles of war for the government of her majesty's forces as the go- ""*• 
 
108 
 
 Chap. 29. Sect. 83—91. 
 
 [part I. 
 
 Sentence of dcaUi 
 by i;uui-C mai-Lial 
 only in certain 
 ca:ie.s 
 
 Coriioral puni^li- 
 nient forbidden ; 
 scntencies of court 
 marUal fo be np- 
 pr.jved by govei'- 
 nor. 
 
 r.cneral courLs 
 martial llow con- 
 stituted. 
 
 Oalli of officer be- 
 fore trial. 
 
 No sentence of 
 fleatli except 
 twelve otinecrs 
 concur. 
 
 .Tndfre advocate 
 liowai)i)'jinted ; 
 oatli of office. 
 
 Oovernor's war- 
 ra'ir on .sentence 
 ofdeatli. 
 
 Sentence le-w ex- 
 c'cute.l. 
 
 Will-rant to be 
 rearl iiL the ex- 
 ecution. 
 
 vernor in council shall consider applicable, and shall be made to 
 conform to the provisions of this chapter, shall be prescribed for, 
 and shall be binding upon the militia, and shall be judicially taken 
 notice of by the courts. 
 
 83. No officer in her majesty's regular forces shall sit in any 
 court martial in the militia service, nor shall any sentence of gene- 
 ral court martial extend to death, unless for desertion to the ene- 
 my, for mutiny, traitorous correspondence with the enemy, or 
 traitorously delivering up to the enemy any garrison, fortress, post 
 or guard. 
 
 84. No man serving in the militia shall be whipped, or other- 
 wise corporeally punished, in any case except by imprisonment. 
 
 No sentence of any court martial shall be carried into execution 
 until approved of by the governor. 
 
 85. The governor may by warrant constitute general courts 
 martial for the trial of all offences made cognizable therein by the 
 law, or the articles of war applicable to the militia, to consist of 
 not less than thirteen commissioned officers, the president to be a 
 field officer. 
 
 86. Every such officer, before any trial, shall take the follow- 
 ing oath, to be administered by the judge advocate : 
 
 " I, A. B., do swear that I will duly administer justice accor- 
 ding to the laws for regulating the militia, without partiality, favor, 
 or affection : and that I will not divulge the sentence of this court 
 until it shall be approved by the governor, and that I will not dis- 
 close the vote or opinion of any particular member of the court 
 martial, unless required to give evidence thereof, as a witness, by 
 a court of justice. 
 
 87. No sentence of death shall be given against any offender 
 by such general court martial, unless twelve officers shall concur 
 therein. 
 
 SS. The governor may appoint any justice of the peace, or 
 other fit pei'son, to be judge advocate at any such general court 
 martial, who shall, previously to any proceeding being taken by 
 the court, take the following oath, to be administered by the pre- 
 sident : 
 
 "I, A. B., do swear that I will not disclose the vote or opinion 
 of any particular member of this court martial, unless required to 
 give evidence thereof, as a witness, by a court of justice." 
 
 89. No sentence of death passed by such general court martial 
 shall be executed until the order of the governor, by warrant under 
 his hand and seal, shall be given, which warrant shall direct the 
 time and place and the manner of executing the sentence. 
 
 90. AH sentences of death shall be executed by hanging or 
 shooting the offender, as the warrant shall direct. 
 
 91. The governor's warrant shall be a sufficient authority for 
 executing any sentence of death, and such warrant shall be read 
 alouil in the presence of the bystanders before such execution at 
 the time and place fixed for the same. 
 
TITLE VII.] Chap. 29. Sect. 92—104. 109 
 
 92. No officer under the rank of a captain shall sit on a court rieid officer's 
 
 martial for the trial of a field officer. ^^I'J,^" ">'"" 
 
 9o. General courts martial, upon appeal being made from any General court 
 
 regimental court martial, may inquire into and confirm or annul aifpcliL '' ™'"'' "' 
 the sentence. 
 
 94. If in the opinion of the general court martial any such ap- powers of general 
 peal shall be made without sufficient cause, they may increase the appeal!"""'"' "" 
 appellant's punishment by imprisonment where he resides for a 
 
 term not exceeding thirty days. 
 
 95. Any officer not under the rank of a captain, commanding Regimental court 
 a regiment, battalion, or detachment, may order a regimental court mdcrfhow mS 
 martial for the trial of any offence cognizable thereby : the court '"''^''' 
 
 to consist of at least five members, and the president not to be 
 under the rank of captain. 
 
 96. Such courts martial may fine any offender in a sum not Powers of court to 
 
 J- n 1 • • 1 • r , . sentence. 
 
 exceeding live pounds, or may imprison him for a term not ex- 
 ceeding thirty days. 
 
 97. No such sentence shall be carried into effect until approved sentence low ap- 
 in writing by the officer in command of the regiment, battalion, or '""""^ ' 
 detachment. 
 
 98. All courts martial under this chapter may administer oaths Manner of pro- 
 to witnesses in the same manner as is the custom in courts mar- crol-'crartkr"' 
 tial in the British army, and they may punish for contempt of '^"ses of contempt. 
 court, either by disobedience of its ordere or abuse of the court in 
 
 its presence, by a fine not exceeding five pounds, or imprisonment 
 not exceeding twenty days. 
 
 99. No person shall sit on a court martial who shall be related Relations not to 
 to the prosecutor or person accused within the fourth degree. ^" °" '^°"'^'' 
 
 100. The accuser shall not sit as a member of the court mar- Accuser shaiinot 
 tial for trial of the person by him accused. '^''• 
 
 101. The governor may draw upon the treasury for the sums Expenses of miii- 
 necessary to defray the expenses of militia courts of inquiry. defrayed"'*''"'* 
 
 102. If upon any emergency arising from invasion made or in cases of emcr- 
 threatened upon this province, or the province of New Brunswick, regimentsmay be 
 it shall be necessary to call into actual service any of the militia, 3'dratts '" 
 the governor may order the colonel of any regiment to furnish two 
 
 hundred men for every six hundred men of the first class, or the 
 like proportion for any greater or less number ; such men to bo 
 furnished either from drafts of the regiments or by volunteers. 
 
 103. The governor may select from the regiments to which officers, how sc- 
 they belong, captains and subalterns to command the men fui-nished j-or'rcg'imcnt."* 
 under the last section ; and may form any number of the men fur- 
 nished by the different regiments into a regiment or battalion for 
 
 actual service, and appoint field and staff officers, and an adjutant 
 for the same, and order such regiment or battalion into barracks 
 or camp, and adopt measures to render them efficient for actual 
 service. 
 
 104. Upon calling out any body of the militia into actual ser- Provision incase 
 
 ii j-i.il. i.i,ii.i of disability of 
 
 Vice, the governor may direct the necessary measures to be adopted men. 
 
110 
 
 Chap. 29, Sect. 105—110. 
 
 [part I. 
 
 Zs'ecessttries wlien 
 and Iiow pro- 
 vided. 
 
 Desertion liow 
 prevented and 
 punished. 
 
 Power of governor 
 to order drafts, 
 &c. when not for 
 actual service ; 
 number of days* 
 driU. 
 
 Of drills, and 
 travel to attend. 
 
 Fine for non- 
 attendance. 
 
 Fine for misbeha- 
 viour ; commit- 
 ment and form. 
 
 to ascertain the ability of every man to perform his duty ; and if 
 any man shall be found unable to serve, his place shall be supplied 
 by the colonel, and if such man shall be a substitute the person in 
 whose stead he served shall procure another substitute, under the 
 same penalty as for refusing to go into actual service or find a 
 substitute, or if the man has been originally drafted for the regi- 
 ment the colonel shall take the next man standing for actual ser- 
 vice in the same company, who shall go or find a substitute under 
 the same penalty. 
 
 105. Every man called into actual service shall supply him- 
 self with such necessaries a,s the governor shall direct, and appear 
 with them where he shall be ordered ; and if upon the certificate 
 of the captain, approved by the colonel, it shall appear that any 
 man is not able to supply himself the proper ofiicer shall furnish 
 him with the same at the public cost, not exceeding fifty shillings, 
 and the amount shall be stopped from his pay by gradual deduc- 
 tions. 
 
 106. The colonel may prosecute, either in the supreme court 
 or before any two justices of the peace, any person who shall abet 
 the desertion of a man on actual service under his command, or 
 harbor or assist a deserter, knowing him to be such, and if con- 
 victed before the supreme court the ofiender shall pay twenty 
 pounds or be imprisoned for three months, or if convicted before 
 the two justices he shall pay five pounds, or be imprisoned for 
 twenty days ; such imprisonments, however, to terminate in either 
 case upon payment of the penalty. 
 
 107. The governor may order the drafts to be selected and the 
 names returned to him, and the men to be drilled and disciplined 
 without calling them into actual service, and may select officers to 
 command such men, and may direct the measures to be adopted 
 and make such orders as may be necessary for that purpose, but 
 the number of days drill shall not exceed fifteen in any one year. 
 
 108. No man shall be required to attend drill at any squad drill 
 for more than three hours in one day, nor to travel more than four 
 miles from his home to attend such drill, nor to attend any com- 
 pany drill for more than four hours in one day, nor to travel more 
 than twelve miles from his home to attend such company drill. 
 
 109. If any man, being duly notified, shall not attend any 
 squad drill and shall not have a reasonable excuse, to be 'adjudged 
 of by his captain, he shall be fined in a sum not exceeding ten 
 shillings. 
 
 110. If any man shall misbehave at any meeting, or while en- 
 gaged in miHtia duty, the commanding officer may impose a fine 
 of not less than five nor more than twenty shillings, or commit him " 
 to jail for not more than three days, and shall send with him the 
 following warrant : 
 
 " To the sheriff or keeper of the jail for the county of . 
 
 You are hereby required to receive C. D. of my who was 
 
 guilty of [slaie the offence] on the day of , while en- 
 
TITLE vii.] Chap. 29. Sect. HI— 117. m 
 
 gaged in militia duty under my command, and him closely confine 
 in your jail for the space of from the time of his being de- 
 livered into your custody, and at the expiration thereof you are to 
 release the said C. D. on his paying your fees, and this shall be 
 your suiEcient -warrant. 
 
 Given under my hand this day of , 18 — ." 
 
 111. If any non-commissioned officer ordered to escort such KQefm- refusal to 
 man to jail shall neglect to do so he shall forfeit forty shillings and to™Ii?; °oS"' 
 be reduced to the ranks ; and any private who shall neglect to per- ""f """^ ''"""'■ 
 form such duty shall pay ten shillings ; and any sheriff or jailer 
 
 Avho shall refuse to receive and detain him for the time specified in 
 the warrant shall forfeit five pounds. 
 
 112. The non-commissioned officers shall receive three pence Fees fov commit 
 per mile for conveying the offender to jail, to be paid by the of- menf.' ™""'°"" 
 fender before he shall be discharged, and if unable to pay he shall 
 
 be detained in jail for twenty-four hours for every five shillings of 
 the amount ; and in that case the quarter master shall pay the 
 non-commissioned officer his fee out of the fines. 
 
 113. The commanding officer may confine any person inter- Confinement ana 
 rupting militia men when on duty, until the duty shall be per- ta^mTntarfduty" 
 formed, and the offender shall pay ten shillings for each offence. 
 
 114. Militia men going to and returning from duty shall be ren-iage free to 
 entitled to a free passage across any licensed ferry ; and shall be "om LW'st.^'*"" 
 free from arrest under civil process, and any officer arresting them 
 
 shall be liable to an action for damages. 
 
 115. Clergymen, members of the executive council, judges of Persons exempt 
 the supreme court, the master of the rolls, the receiver general, the -'''"" ''"™'"™'- 
 financial secretary, and the provincial secretary, shall not be liable 
 
 to be enrolled in the militia. 
 
 116. The following persons shall be exempted from attending Persons exempt 
 all musters, unless they hold commissions, viz : the members of '''™ ""="^''^- 
 the legislative council, the members of the house of assembly, the 
 attorney general and the solicitor general, justices of the peace, 
 
 high sheriffs, coroners, the surveyor general, officers of the cus- 
 toms, officers of the colonial revenue, physicians and surgeons, all 
 clerks, storekeepers, mechanics, laborers and others employed in 
 the civil and military departments, of the army and navy who may 
 be exempted by the governor, one miller to every grist mill, li- 
 censed ferrymen, the deputy postmaster general and the clerks in 
 his office, the deputy postmasters and all mail couriers, all firemen 
 and engine men, quakers certified by their society, and all teachers 
 of academies and ficensed schoolmasters. But whenever arms and 
 accoutrements shall be distributed, they shall be compelled under 
 the penalties provided for default, unless exempted from enrolment, 
 to provide for themselves the required arms and keep them in 
 order ; and shall be liable to be called out and to perform the du- 
 ties of militia men when called into actual service, or find substi- 
 tutes. 
 
 117. When any man shall complain that by reason of sickness sickness to ex- 
 
 empt from duty. 
 
112 
 
 Chap. 29. Sect. 118—127. 
 
 [part I. 
 
 Fine for false cer- 
 tificates by medi- 
 cal men. 
 
 Quarter-master'3 
 bonds and com- 
 mi'*sions. 
 
 Shall exhibit his 
 accounts. 
 
 May appoint a 
 cjuarter-master 
 sergeant. 
 
 Meetings to be 
 called by colonel 
 for making regu- 
 lations, &c. 
 
 Obedience en- 
 joined upon oflB- 
 cers by fine. 
 
 Accounts of fines 
 and their oppro- 
 priation provided 
 
 What rules shall 
 require the gover- 
 nor's sanction. 
 
 Fines on officers 
 for neglecting to 
 attend meetings. 
 
 Field officers re- 
 moving, or unat- 
 tached, liable to 
 duty. 
 
 or infirmity lie is unable to perform the duties required, the colonel 
 shall order a board of one field officer and two captains, or of three 
 captains, to inquire into the complaint ; and the court shall cause 
 the man to apply to a physician or surgeon for his certificate, which 
 shall be given mthout fee under a penalty of forty shillings ; and 
 if the board shall report that such man is unable to perform his 
 duty, the colonel shall exempt him therefrom until his disability 
 shall cease. 
 
 118. Any medical man giving a false certificate under the pre- 
 ceding section shall forfeit ten pounds. 
 
 liy. The quarter-master shall give bond, with two sureties, to 
 the colonel for the faithful discharge of his duties, and for accoun- 
 ting for and applying all monies and stores he may receive, and he 
 shall receive ten per cent, upon all fines received by him. 
 
 120. The quarter-master shall annually, at the general meet- 
 ing of the officers, and also upon three other occasions in the year 
 if required by the colonel, exhibit his accounts. 
 
 121. The quarter-master, with the approbation of the colonel, 
 may appoint a quarter-master-sergeant, for whom he shall be re- 
 sponsible. 
 
 122. Once in every year, and oftener on the advice of three 
 captains if he shall think fit, the colonel shall require the officers 
 to meet at such time and place as he shall appoint, and there con- 
 fer with him for the better regulation of their companies, for esta- 
 blishing the hmits of the company districts, and prescribing the 
 number of men in each company — for appropriating fines, and 
 making such rules as the major part may deem proper for the pro- 
 motion of military discipline. 
 
 123. All officers shall yield obedience to the commands of their 
 superior officers, and shall observe the written regulations made at 
 the meetings mentioned in the foregoing section under a penalty of 
 five pounds, to be adjudged at the next meeting ; but no officer 
 shall be bound by any regulation concerning his dress or appoint- 
 ment unless two-thirds of the officers of his regiment shall have 
 concurred therein. 
 
 124. An account of all fines, with theii- appropriation, shall be 
 rendered to the secretary's office by the colonel, under the hke 
 penalty for default as in the preceding section. 
 
 125. No rule shall be in force until it shall receive the gover- 
 nor's sanction, except such as relate to the limits of districts, the 
 number of men in a company, and the appropriation of fines. 
 
 126. If any officer shall neglect to attend any board or meet- 
 ing ordered by the colonel under this chapter, without a reasonable 
 excuse, he shall forfeit, if a field officer, five pounds ; if a captain, 
 three pounds ; and if a subaltern, two pounds. 
 
 127. Every field officer who shall remove from the district, or 
 who from other causes is not attached to any regiment, but retains 
 a commission in the militia, shall be liable to sit on courts martial 
 and to perform the other duties of his rank when required by his 
 
TITLE VII.] Chap. 29. Sect. 128—136. 113 
 
 superior officer, and may, in case of necessity or vacancy, be or- 
 dered to take his station in the regiment of the district where he 
 resides ; and in case of his neglect to obey such orders may be 
 tried by a general court martial and deprived of his commission. 
 
 128. No officer cashiered by the sentence of a general court officers cashier- 
 martial, or who may resign his commission, or who has been dis- dismtesciMose ' 
 missed from her majesty's service, or who shall neglect within six ''''"''' *^'^- 
 months to qualify himself for the duties of his station, and shall on 
 
 that account upon the representation of the colonel be deprived of 
 his commission by the governor, shall be entitled to any rank or 
 privilege from having held such commission, or be exempted from 
 enrolment or from the performance of the duties of a private. 
 
 129. Any officer who having been appointed to a commission officers negiec- 
 and notified thereof shall neglect for three months to take out his TOmmi'sstons°iia- 
 commission shall be liable to be superseded, or shall only take rank ^[f^/''^*'' '"5*''"=' 
 from the day on which such commission shall be taken, and which 
 
 day shall be inserted in the commission as the date thereof 
 
 130. The governor may appoint officers to inspect and com- inspecting ora- 
 mand all or any of the regiments of militia throughout the pro- pointedf ^ ^^' 
 vince, and such officers, when commissioned and published in ge- 
 neral orders to the militia, shall be obeyed in all things lawful by 
 
 all persons who shall be so placed under their respective com- 
 mands Adjutant general 
 ' 1 1 n 1 *"'^ quarter mas- 
 
 131. The adiutant general and quartermaster general shall be ter general ex- 
 
 , P '^ . '-' . ■'■ ^ empt from serving 
 
 exempt irom servmg on any jury. on juries. 
 
 132. People of color shall be set apart by the colonel and Persons of color 
 formed into companies or bands of pioneers, as their numbers may SJo companies. 
 admit, and may be commanded by a non-commissioned officer of 
 
 color, or otherwise, as the colonel shall appoint, and they shall as- 
 semble and train under such officer, but no greater degree of duty 
 shall be imposed upon them than upon other militia men. 
 
 133. If any person in actual service be wounded or disabled Provision for per- 
 while on duty, he shall be supported out of the public funds of the MtuaTservlce."" 
 province as long as the disability shall continue. 
 
 134. In case of the loss of any officer or man while on actual widows and fa- 
 
 , ,, , J / j.1. -J J p -1 J. r- milies of persons 
 
 service, provision shall be made tor the widow and tamily out oi luued, iiow provi- 
 
 the public funds. '^'"°'- 
 
 135. All fines, unless otherwise directed, when not exceeding Knes how rcco- 
 three pounds, shall be recovered before one justice, and when above forced. 
 three pounds before two justices ; and if payable by a militia man 
 
 may be recovered in the name of the officer commanding the com- 
 pany, and the clerk shall be a competent witness ; and if payable 
 from an officer, in the name of the adjutant ; and the amount in 
 either case may be levied with costs by distress, and for want of 
 goods the offender shall be committed to jail for the term prescribed 
 for the offence, and if no term shall be prescribed he shall be com- 
 mitted for two days for every five shillings of the penalty. 
 
 136. No justice of the peace shall take any fee for any service Justices not enti 
 
 n -1 -I J 1 • 1 1 tlCU to IC6S> 
 
 pertormed under this chapter, 
 15 
 
114 
 
 Chap. 30. Sect. 1. 
 
 [PAKT I. 
 
 Amendment of 
 process provirled 
 for. 
 
 Appropriation of 
 fines. 
 
 Limitation of 
 actions. 
 
 Definition of 
 terms. 
 
 Limitation of 
 cliapter- 
 
 137. Any process for recovery of a fine under this chapter 
 may be amended until final judgment. 
 
 138. All fines not otherwise appropriated shall, after deduct- 
 ing one fourth for collecting, be paid to the quartermaster, to be 
 applied under the direction of the colonel towards defraying the 
 expenses of the regiment. 
 
 139. All actions for any thing done under this chapter shall 
 be commenced within three months after the cause of action arose, 
 and the defendant may plead the general issue and give this chap- 
 ter and the special matter in evidence. 
 
 140. The following terms and expressions, when used in this 
 chapter, shall have the interpretations following, that is to say : 
 
 "Kegiment," any regiment or battahon of the militia; " colo- 
 nel," the colonel, heutenant-colonel, or the commanding ofiicer of 
 any regiment or battalion ; " captain," the captain or commanding 
 ofiicer of any company; "clerk," the clerk or any person per- 
 forming the duties of clerk of a company ; and " man," any per- 
 son enrolled or hable to be enrolled in the militia under the rank 
 of a commissioned ofiicer. 
 
 141. This chapter shall continue in force until the first day of 
 April, one thousand eight hundred and fifty-two. 
 
 CHAPTER 30. 
 
 OF BILLETTraG THE TROOPS AND MILITIA. 
 
 Section 
 1. Troops and militia, how billetted. 
 2- Fine for false certificates. 
 
 3. Expenses, how provided for and drawn. 
 
 4. Certificates under first section, liow pay- 
 
 able. 
 
 5. Further provisions for billetting troops in 
 
 certain cases. 
 
 Section 
 
 6. Baggage conveyances provided j rates of 
 
 charges. 
 
 7. Fines for refusal to fm-nish conveyances. 
 
 8. Fines on officers for illegal conduct in regard 
 
 to conveyances. 
 
 9. Horses and carts exempted when actually 
 
 employed 
 
 Troops and mili- 
 tia, how billetted. 
 
 1. Whenever any detachment of her majesty's forces or of the 
 militia shall be ordered to march in this province, the justices of 
 the peace shall billet them in inns and licensed taverns, or in the 
 houses of persons who have within one month previously kept an 
 inn or licensed tavern ; and the persons on whom they are billetted 
 shall furnish such troops or militia with lodging and with provisions, 
 consisting of bread, flesh and vegetables, and the ofiicer comman- 
 ding them shall give certificates of the number of meals and nights' 
 lodging, which shall entitle the person supplying the same to one 
 shilhng and three pence for each meal, and for every nights' lod- 
 ging three pence. 
 
TITLE vli.] Chap. 30. Sect. 2— 9. 115 
 
 2. If any militia officer shall give a false certificate, he shall Kne for faiae cer- 
 be cashiered by a general court martial, and shall also forfeit fifty ''''™'''"- 
 pounds, to be recovered in the supreme court, one half thereof to 
 
 be paid to the informer and the remaining half into the treasury. 
 
 3. The governor may draw warrants on the treasury in favor Expenses how 
 of the parties entitled thereto under such certificates for all sums 5™™.'"* *^°' "'"' 
 payable for the billetting of the militia, and also for the billetting of 
 
 regular troops when on a march under a route granted by the go- 
 vernor on their removal from one part in the province to another, 
 but no greater sum shall be drawn in any one year under this sec- 
 tion than five hundred pounds. 
 
 4. The certificates of the number of meals and nights' lodging certificates under 
 furnished to any of her majesty's troops under the first section, and payable.""" ''"'^ 
 for which payment is not provided under the last section, shall 
 
 entitle the person who furnished the same to receive payment from 
 the officer granting the certificate, or from the officer appointed by 
 the commander-in-chief to pay the same. 
 
 5. Where the houses specified in the fiirst section shall not be rm-ther provi- 
 sufficient to billet the whole regiment or detachment, part of them tTOSps'°iii''cevtain^ 
 may be biUetted on other housekeepers, in the discretion of the jus- '^'^^'^^■ 
 
 tices ; and any person who shall refuse to receive troops or militia 
 so billetted upon him shall forfeit five pounds. 
 
 6. Two justices may, upon the application of the commanding Baggage convey- 
 officer, and on production of a route, signed by the commander-in- ratiTs^of 'c'harges! 
 chief, order a suitable number of carts or waggons, and horses, to 
 
 be furnished for conveying the baggage of the regiment or detach- 
 ment, and the owners shall receive from the officer commanding the 
 detachment at the rate of one shilhng a mile for one horse, cart and 
 driver to carry five hundred gross weight for twenty miles, and for 
 every additional horse nine pence a mile, but the additional load 
 for each horse shall not exceed five hundred gross weight. When 
 ordered to halt, two shillings and six pence an hour shall be paid 
 while the detention shall last, and the commanding officer shall 
 make out certificates of the weights, distances, time and cause of 
 detention, and take receipts thereon for payments. 
 
 7. Any person refusing to furnish horses and carts, or wag- t^'™J '?V^'"?*' 
 gons, when ordered, without a reasonable excuse, shall forfeit forty ances. 
 shilhngs. 
 
 8. If any commanding officer shall constrain any cart to travel ?''"?,^ on officers 
 
 •' -line T 1 ■ ■ ^ ■ for illegal conduct 
 
 more than twenty miles, or snaJi reiuse to discharge it in due time m regard to con- 
 to return home, or shall overload it either by permitting soldiers or "^""'"^'*' 
 others to ride thereon, or otherwise, or shall force carts or horses 
 from the owners thereof, he shall forfeit forty shillings. 
 
 9. No loaded cart passing from town to town, nor any horse Worses and carts 
 travelling for the owner, shall be taken for the purpose of tran- actuauy em- 
 sporting baggage. '"'"^^ ' 
 
116 
 
 Chap. 31. Sect. 1—3. Chap. 32. Sect. 1. [part i. 
 
 CHAPTER 31. 
 
 OF PUBLIC FORTIFICATIONS. 
 
 Section 
 1. Private property, how appropriated for for- 
 tifications. 
 
 Section 
 
 2. Value wlien found ; ho\rand to whom paid. 
 
 3. Fines on sheriff and jury neglecting duty. 
 
 1. When the commander-in-chief of her majesty's troops shall 
 how a,ppropriate'd judge it neccssary to erect fortifications on private property, or to 
 
 Private property, 
 
 for fortifications 
 
 found, how and to 
 whom paid. 
 
 Fines on sheriff 
 and jui-y neglect- 
 ing duty. 
 
 apply the same for other military purposes, he shall apply to the 
 supreme court of the county where the lands are situate, and on 
 notice given to the owners a jury of twenty-four freeholders shall 
 be summoned, who, after being sworn, shall view the premises and 
 ascertain to whom the lands belong, and the value of the land of 
 each proprietor separately, and shall return their verdict to the 
 supreme court in writing, under the hands and seals of at least 
 thirteen of them, which shall be filed and become a record of the 
 court. 
 
 2. The amount of such verdict shall be paid to the respective 
 proprietors named therein, and if any of them shall refuse to accept 
 the same, the money shall be paid into court for their use, and 
 such lands shall thereupon become vested in her majesty for ever. 
 If any proprietor be a minor the value of his land shall be paid 
 to his guardian. 
 
 3. If the sheriif shall neglect to summon a jury, he shall for- 
 feit twenty pounds ; and in case any of the jury shall not attend, 
 or shall refuse to be sworn, each offender shall forfeit five pounds. 
 
 TITLE VIII. 
 
 CHAPTER 32. 
 
 OF THE NATURALIZATION OF ALIENS. 
 
 Section 
 1. Aliens naturalized by act of assembly. 
 '2. Copy and duplicate of oath where filed ; 
 fees of oflScer. 
 
 Section 
 3. Certificate to be given ; contents evidence ; 
 fee therefor. 
 
 Aliens natural- 
 ized by act of as- 
 sembly. 
 
 1. Aliens may be naturalized by an act of the assembly in 
 conformity -with the act of the imperial parliament, 10th and 11th 
 Victoria, chapter 83, and shall take and subscribe in duplicate the 
 oath of allegiance before a judge of the supreme court in open 
 court, who shall attest the same. 
 
TITLE IX.] 
 
 Chap. 33. Sect. 1—3. 
 
 117 
 
 2. One copy of the oath, shall be filed by the officer of the ^^^^""7^^; 
 court, who shall receive therefor, and for making the duplicate, Hieti ; tees of 
 twenty shilhngs ; and he shall forthwith transmit the duplicate, 
 certified under his hand and the seal of the court, to be filed in the 
 provincial secretary's office. 
 
 3. The officer shall also give a certificate under his hand and 
 the seal of the court that the oath of allegiance has been taken, 
 which certificate shall be evidence of its contents ; and therefor he 
 shall be entitled to ten shilhngs. 
 
 officer. 
 
 Certificate to be 
 given J contents 
 evidence j fee 
 therefor. 
 
 TITLE IX. 
 
 CHAPTER 33. 
 
 OF THE CENSUS AND STATISTICAL INFORMATION. 
 
 Section 
 
 1. Board of statistics, how appointed. 
 
 2. Forms to be prepared by the board. 
 
 3. Duty of board. 
 
 4. Secretary of board, how appointed. 
 
 5. First and succeeding general census, when 
 
 to be taken. 
 
 6. Counties how divided into districts •, ap- 
 
 pointment of enumerators ; of abstracts 
 and retui'ns. 
 
 7. Enumerators to be sworn. 
 
 8. Their duty. 
 
 Section 
 9. Then" powers ; penalty for obstructing. 
 
 10. Returns, how prepared and filed. 
 
 11. Clerk of the peace with justices to examine 
 
 and correct retui-ns, if necessary, and pre- 
 pare abstracts for the legislature. 
 
 12. Remuneration of enumeratoi-s. 
 
 13. Remuneration of clerks of the peace. 
 
 14. Fine upon enumerators. 
 
 15. Offences not specially provided against to be 
 
 punished as misdemeanors. 
 Schedule. 
 
 1. Two members of the executive council to be appointed by Board of statistics 
 the governor in council, shall, together with the financial secretary ^'ow appointed. 
 for the time being, constitute a board of statistics. 
 
 2. The board shall prepare and cause to be printed and circu- ^^^,^^^^ ^epre- 
 lated, as hereinafter provided, all such forms as to them shall seem paved by the 
 best adapted for the purposes of this chapter, and such instruc- 
 tions as they shall deem necessary for the guidance of the persons 
 appointed to take the census hereinafter provided for ; and shall 
 
 cause a sufficient supply of such forms and instructions to be for- 
 warded to the several clerks of the peace on or before the first day 
 of September previous to every year appointed for taking the cen- 
 sus. The tables to be issued shall be in the form in the schedule, 
 with such additional inquiries as to the board shall seem requisite, 
 and they may strike out any which, in practice, may be found in- 
 convenient. 
 
 3. The board shall have the general supervision of the statis- Duty of board. 
 tics of the province, and shall cause to be prepared annually, and 
 
 laid before the legislature at an early period of the session, a gene- 
 
118 
 
 Chap. 33. Sect. 4—11. 
 
 [part I. 
 
 Secretary of board 
 how appointed. 
 
 Fii-st and suc- 
 ceeding general 
 census when tu be 
 taken. 
 
 Counties how di- 
 vided into dis- 
 tricts ; appoint- 
 ment of enumera- 
 tors ; of abstracts 
 and returns. 
 
 Enumerators to 
 be sworn. 
 
 Their duty. 
 
 Their powei-s ; 
 penalty for ob- 
 structing. 
 
 Returns how pre- 
 pared and filed. 
 
 Cleric of the peace 
 with justices to 
 examine and cor- 
 rect returns, if ne- 
 cessary, and pre- 
 pare abstracts for 
 the legislature. 
 
 ral report of such statistics, to comprehend the returns of deaths 
 marriages, baptisms and births, of coroners' inquests, and convic- 
 tions, fines and forfeitures required to be made to them by law. 
 The report shall also contain such information relative to the trade, 
 manufactures, agriculture and population of the province, as they 
 shall be able to obtain. 
 
 4. The governor in council may appoint the clerk of the board 
 of 'revenue to be the secretary of the board, or assign the duties of 
 that office to any of the clerks in the office of the financial secre- 
 tary, the provincial secretary, or receiver general. 
 
 5. The first general census shall be taken betvreen the months 
 of June and December in the present year, and a like general cen- 
 sus shall be taken between the same months in every fifth year 
 hereafter. 
 
 G. As soon as the tables and instructions shall be issued by 
 the board, the sessions shall set off the several counties into difierent 
 sections, following the divisions of electoral districts, but with power 
 to unite districts ; and shall appoint enumerators for the different 
 sections, who shall be resident therein ; and they shall also appoint 
 two justices to act along with the clerk of the peace in preparing 
 the abstract of the returns as hereinafter provided : of all which 
 the clerk of the peace shall make a return to the board. 
 
 7. Enumerators, before entering upon the duties of their office, 
 shall be sworn into office before a justice of the peace, who shall 
 administer the oath without charge. 
 
 8. The enumerators shall visit every house within their sec- 
 tion, and take an account in writing, according to the forms to be 
 provided for that purpose by the board, of every thing specified in 
 the forms. 
 
 9. The enumerators may demand from the head of every family 
 residing within their respective sections, or from any member of the 
 family being more than twenty-one years of age, and from the 
 owners or managers of factories and agents of companies, or from 
 others having knowledge of the matters inquired into and not being 
 minors, true answers to all questions necessary for the purpose of 
 taking such accounts ; and any such person who shall not answer, 
 or shall wilfully give a false answer to any such question, and also 
 every person who shall in any way wilfully obstruct an enumerator 
 in the execution of his duties, shall, for every such offence, forfeit 
 not less than ten nor more than fifty shillings. 
 
 10. The enumerators shall sign their returns, and certify 
 thereon that the same have been truly and faithfully taken by 
 them, and that the same are correct so far as they can ascertain, 
 and shall lodge the same in the office of the clerk of the peace 
 within one month next after the account shall have been taken. 
 
 11. The clerk of the peace, together with the two justices, 
 shall examine the returns made by the enumerators, and cause any 
 defect or inaccuracy that may be discovered therein, to be supplied 
 or corrected by the enumerators, as far as possible, and shall make 
 
TITLE IX.] Chap. 33. Sect. 12—15. 119 
 
 therefrom an abstract in such form as may he required by the 
 board, and shall transmit triplicate copies of the abstract to the 
 board within one month next after receipt of the returns ; and co- 
 pies thereof shall be laid before the two houses of the legislature 
 within the first ten days of the session then next ensuing, and the 
 original returns shall be kept as records of the county in the office 
 of the clerk of the peace. 
 
 12. There shall be allowed out of the provincial treasury for nemumiation of 
 each of the enumerators who shall make and transmit to the clerk ''™"'^"' "'^^ 
 of the peace faithful returns of the forms issued by the board 
 within the time limited for that purpose, such sums of money as 
 shall be agreed upon by the sessions and enumerators ; and if the 
 service shall be agreed to be done by days' work no greater sum 
 shall be paid than six shillings and three pence per day for every 
 day that every such enumerator has been diligently and in good 
 faith engaged in the performance of his duties ; and the sessions 
 shall cause an account of such expense to be prepared and signed 
 by the clerk of the peace, and by him returned to the board. 
 
 1-3. Clerks of the peace shall, in full for all their services under Kemuneration of 
 this chapter, receive from the provincial treasury seven pounds and peace. ° 
 ten shillings, to be paid after the taking of every census, on the 
 certificate of the board that the services have been faithfully per- 
 formed. 
 
 14. Any enumerator who shall not perform the duties required ^™ |J,^°" '^™" 
 of him by this chapter shall, for every oifence, forfeit not less than 
 
 five nor more than ten pounds. 
 
 15. Any person who shall not comply with the requirements otrenccs not spe- 
 
 • •, .*^ • • ci8j11v providsd. 
 
 of this chapter in any matter for ^yhich no punishment is herein against to be pu 
 specially providedj shall be guilty of a misdemeanor. " ""^"^ ^" 
 
 nished as misde- 
 meanors. 
 
 SCHEDULE. Schedule. 
 
 QUBSTIOXS. 
 
 Buildings. 
 
 1. How many inhabited houses. 
 
 2. By how many families inhabited. 
 
 3. Houses now building. 
 
 4. Uninhabited houses. 
 
 5. Stores, barns and outhouses. 
 
 Inhabitants of various ages. 
 
 6. Number of males under ten years of age. 
 
 7. Number of females under ten. 
 
 8. Number of males from 10 to 20. 
 
 9. Number of females from 10 to 20. 
 10. Number of males from 20 to 30. 
 
120 Chap. 33. [part i. 
 
 11. Number of females from 20 to 30. 
 
 12. Number of males from 30 to 40. 
 
 13. Number of females from 30 to 40. 
 1-i. Number of males from 40 to 50. 
 
 15. Number of females from 40 to 50. 
 
 16. Number of males above 50. 
 
 17. Number of females above 50. 
 
 Married. 
 
 18. Number of married persons of both sexes. 
 
 Widowers. 
 
 19. Number of widowers. 
 
 Widows. 
 
 20. Number of widows. 
 
 Rale payers. 
 
 21. Number of rate payers. 
 
 Paupers. 
 
 22. Number of paupers. 
 
 Deaf and dumb. 
 
 23. Number of males deaf and dumb. 
 
 24. Number of females deaf and dumb. 
 
 Blind. 
 
 25. Number of males blind. 
 
 26. Number of females blind. 
 
 Lunatics. 
 
 27. Number of male lunatics. 
 
 28. Number of female lunatics. 
 
 Idiots. 
 
 29. Number of male idiots. 
 
 30. Number of female idiots. 
 
 Indians. 
 
 31. Number of male Indians, including children. 
 
 32. Number of female indians, including children. 
 
 Colored persons. 
 
 33. Number of colored males, including children. 
 
 34. Number of colored females, including children. 
 
 Assessments. 
 
 35. Amount of assessments for county rates. 
 
 36. Amount of assessments for poor rates. 
 
TITLE IX.] Chap. 33. 121 
 
 37. Highest rate for poor in the county. 
 
 38. Lowest rate for poor in the county. 
 
 Value of proper kj. 
 
 39. Assessed value of real estate. 
 
 40. Probable value of real estate. 
 
 41. Assessed value of personal estate. 
 
 Births, deaths, and murriuges. 
 
 42. Number of births the preceding year. 
 
 43. Number of deaths the preceding year. 
 
 44. Number of marriages the preceding year. 
 
 Ntimhers engaged in various occupations. 
 
 45. Number of clergymen or ministers. 
 
 46. Number of doctors. 
 
 47. Number of farmers. 
 
 48. Number of mechanics. 
 
 49. Number of merchants and traders. 
 
 50. Number of persons engaged in the fisheries. 
 
 51. Number of seamen registered. 
 
 52. Number of persons employed at sea. 
 
 53. Number of persons engaged in lumbering. 
 
 Places of worship). 
 
 54. Number of churches and places of worship of each deno- 
 
 mination. 
 
 Schools and piupils. 
 
 55. Number of schools in district. 
 
 56. Number of children attending school. 
 
 Numbers (f various religious denominations. 
 
 57. Number of church of England. 
 
 58. Number of catholics. 
 
 59. Number of kirk of Scotland. 
 
 60. Number of free church. 
 
 61. Number of presbyterian church of Nova Scotia. 
 
 62. Number of baptists. 
 
 63. Number of methodists. 
 
 64. Number of congregationahsts. 
 
 65. Number of universalists. 
 
 66. Number of lutherans, sandimanians, quakers, and other 
 
 denominations. 
 
 Iniproi;ed land. 
 
 67. Number of acres of dike land, and average value. 
 68- Number of acres of other improved land. 
 
 16 
 
122 Chap. 33. [part i. 
 
 AgrlciiUiiral jjrodiice. 
 
 69. Number of tons of hay cut. 
 
 70. Number of bushels of Avheat raised. 
 
 71. Number of bushels of barley raised. 
 
 72. Number of bushels of rye raised. 
 
 73. Number of bushels of oats raised. 
 
 74. Number of bushels of buckwheat raised. 
 
 75. Number of bushels of indian corn raised. 
 
 76. Number of bushels of peas and beans raised. 
 
 77. Quantity of timothy and clover seed raised. 
 
 78. Number of bushels of potatoes raised. 
 
 79. Number of bushels of turnips raised. 
 
 80. Number of bushels of other root crops raised. 
 
 Agricultural stock. 
 
 81. Number of neat cattle. 
 
 82. Number of milch cows. 
 
 83. Number of horses. 
 
 84. Number of sheep. 
 
 85. Number of swine. 
 
 Fisheries. 
 
 86. Number of vessels engaged in fisheries, and men on board. 
 
 87. Amount of tonnage engaged in fisheries. 
 
 88. Number of boats engaged in fisheries, and men on board. 
 
 89. Number of nets and seines. 
 
 90. Quantity of dry fish cured. 
 
 91. Quantity of salmon caught and cured. 
 
 92. Quantity of mackarel caught and cured. 
 
 93. Quantity of shad caught and cured. 
 
 94. Quantity of herrings caught and cured. 
 
 95. Quantity of smoked herrings cured. 
 
 96. Quantities and value of other fish cured. 
 
 97. Quantity and value of fish oil. 
 
 Mills and factories. 
 
 98. Number and value of saw mills, and number of hands em- 
 ployed. 
 
 99. Number and value of grist mills, and number of hands 
 employed. 
 
 100. Number and value of taimeries, and number of hands 
 employed. 
 
 101. Number and value of founderies, and number of hands 
 employed. 
 
 102. Number and value of weaving and carding establish- 
 iiients, and number of hands employed. - 
 
TITLE ix.J Chap. 33. 123 
 
 103. Number and value of breweries and distilleries, and num- 
 ber of hands employed. 
 
 104. Number and value of hand-looms. 
 
 105. Number and value of factories other than the above, and 
 number of hands employed. 
 
 106. Number of steam mills or factories. 
 
 Articles fnamifaciured. 
 
 107. Number of yards of fulled cloth manufactured last year. 
 
 108. Number of yards of cloth not fulled. 
 
 109. Number of yards of flannel. 
 
 110. Value of boots and shoes manufactured. 
 
 111. Value of leather manufactured. 
 
 112. Value of candles manufactured. 
 
 113. Value of soap manufactured. 
 
 114. Value of agricultural implements manufactured. 
 
 115. Value of chairs and cabinet ware manufactured. 
 
 116. Value of carriages manufactured. 
 
 117. Value of wooden ware other than the above manufac- 
 
 tured. 
 
 118. Value of iron castings manufactured. 
 
 119. Quantity of coal raised. 
 
 120. Quantity of iron smelted, and value. 
 
 121. Number of gallons of malt hquor manufactured. 
 
 122. Number of gallons of distilled liquor manufactured. 
 
 123. Casks of lime burnt, and value. 
 
 124. Quantity of bricks manufactured, and value. 
 
 125. Number and value of grindstones quarried. 
 
 126. Tons and value of gypsum quarried. 
 
 127. Quantity of maple sugar manufactured. 
 
 128. Quantity of butter manufactured. 
 
 129. Quantity of cheese manufactured. 
 
 130. Number of vessels built, and tonnage. 
 
 131. Number of boats built. 
 
 132. Quantity of deal made. 
 
 133. Quantity of pine boards made. 
 
 134. Quantity of spruce boards made. 
 185. Quantity of squared timber made. 
 136. Quantity of staves manufactured. 
 
124 
 
 Chap. 34. Sect. 1—3. 
 
 [part I. 
 
 TITLE X. 
 
 OF CERTAIN I'UBTJC OFFICERS. 
 
 CHAPTER 34. 
 
 VF THE SALARIES OF CERTAIN PUBLIC OFFICERS AND CERTAIN 
 
 PENSIONS. 
 
 Skction 
 
 1. Salaries of public ofiQcers. 
 
 2. Fees disallowed j what salaries are indrj. 
 
 pendent of expenses. 
 
 3. Salaries, the duration of which are speci- 
 
 fically limited. 
 
 Salaries of public 
 officers. 
 
 Pees disallowed ; 
 what salaries are 
 independent of 
 expenses. 
 
 Salaries, tlie du- 
 ration of which 
 are specifically 
 limited. 
 
 Section 
 
 4. Retiring pensions. 
 
 5. Conditions attached to cei-tain pensions. 
 C. Duration of certain pensions, 
 
 1. There shall be allowed to the several officers hereafter men- 
 tioned, to be paid quarterly out of the public funds income and 
 general revenue, the following salaries in sterhng money, to wit : 
 
 To the governor, three thousand pounds. 
 
 To the present chief justice, during his incumbency, one thou- 
 sand pounds. 
 
 To any future chief justice, six hundred and forty pounds. 
 
 To the master of the rolls, five hundred and sixty pounds. 
 
 To the honorable W. B. Bhss, one of the assistant justices of 
 the supreme court, during his incumbency, six hundred and fifty 
 pounds. 
 
 To the other assistant justices, now or hereafter to be appointed, 
 five hundred and sixty pounds. 
 
 To the provincial secretary, five hundred and sixty pounds. 
 
 To the attorney general, four hundred pounds. 
 
 To the solicitor general, one hundred pounds. 
 
 To the receiver general, four hundred and eighty pounds. 
 
 To the financial secretary, four hundred and eighty pounds. 
 
 To the present surveyor general and commissioner of crown 
 lands, for the next three years or for such part of that time as he 
 shall hold the office, four hundred and eighty pounds. 
 
 2. The salaries of the chief justice, master of the rolls, assis- 
 tant justices, and provincial secretary, to be without any fees of 
 office whatsoever ; and those of the receiver general and the pro- 
 vincial and financial secretaries to be clear of all deductions for the 
 necessary expenses of their departments. 
 
 3. The salaries of the governor, chief justice, master of the 
 rolls, assistant justices, provincial secretary, attorney general, and 
 solicitor general, are to be continued until eighteen months after 
 the demise of her present majesty. 
 
TITLE X.] 
 
 Chap. 35. Sect. 1—4. 
 
 125 
 
 Retiring pen- 
 sions. 
 
 4. There shall be paid quarterly to the several persons here- 
 after mentioned, for their respective lives, out of the puhhc funds 
 income and general revenue, the following pensions in sterling mo- 
 ney, to wit : 
 
 To Sir Rupert D. George, four hundred pounds. 
 
 John G-. Marshall, esquire, two hundred and forty pounds. 
 Thomas Ritchie, esquire, two hundred and forty pounds. 
 William Q. Sawers, esquire, two hundred and forty pounds. 
 Henry W. Crawley, esquire, two hundred and forty pounds. 
 Thomas Crawley, esquire, one hundred pounds. 
 Miss Cox, one hundred pounds. 
 
 5. The pensions to John Gr. Marshall, Thomas Ritchie, Wil- Conditions at- 
 liam Q. Sawers, and Henry W. Crawley, esquires, shall cease pensions. 
 upon their respectively accepting an office under government of 
 
 equal or greater value. 
 
 6. The pensions to Sir Rupert D. George and Miss Cox shall puraUo".of «v- 
 
 .1^ J^.o tain pensions. 
 
 cease eighteen months after the demise of her present ma-jesty, if 
 not sooner determined. 
 
 CHAPTER 35. 
 
 OF THE QUALIFICATIONS, APPOINTMENT, AND TENURE OF OFFICE 
 OF THE PRINCIPAL JUDICIAL OFFICERS. 
 
 Srctton 
 
 1. Qualifications of judges. 
 
 2. Judges not to enjoy a plurality of ofi&ces. 
 
 3. Tenure of judges' office. 
 
 Section 
 
 4. Removal of judges, how effected. 
 
 5. Appointment pf judges. 
 
 1. No person shall he appointed a judge of the supreme court Qualifications ot 
 or master of the rolls unless he shall have been a barrister of this "^ ^^^' 
 province for ten years, and shall have been practising as such for 
 
 five years next before such appointment. 
 
 2. The judges of the supreme court and master of the rolls Judges not to en- 
 shall hold no other office under government except that of judge of offices. 
 
 the admiralty and that of vice president of the court of marriage 
 and divorce. 
 
 3. The judges of the supreme court and master of the rolls Tenure of judges' 
 shall hold their offices during good behavior, notwithstanding the 
 
 demise of her majesty. 
 
 4. Provided always that it may be lawful for the governor to ?f^f"°™Jj°'' ^p 
 remove any judge of the supreme court or master of the rolls upon fected.' 
 
 the address of the legislative council and house of assembly ; and 
 in case any judge so removed shall think himself aggrieved thereby, 
 it shall be lawful for him within six months to appeal to her ma- 
 jesty in her privy council, and such amotion shall not be final until 
 determined by her majesty in her privy council. 
 
126 
 
 Chap. 86. Sect. 1—4. 
 
 [part I. 
 
 Appointment of 
 judges. 
 
 5. When any judge of the supreme court or master of the rolls 
 shall die or resign his oiBce, or be removed in the manner autho- 
 rised by the preceding section, it shall be lawful for the governor 
 to appoint by commission, under the great seal of this province, 
 some fit and proper person to hold the said office until the royal 
 pleasure shall be made known, and such appointment shall be held 
 to be superseded by the issuing of a commission under the great 
 seal of this province to the same person or such other person as 
 her majesty shall appoint in the place of any judge who has died 
 or resigned, or been removed in the manner authorised by the pre- 
 ceding section, or by signification, within the province, of the 
 royal decision in the privy council, restoring to his office any judge 
 who may have been so removed. 
 
 CHAPTER 36. 
 
 01" THE OFFICES OF RECEIVER GENERAL AND FINANCIAL SECRE- 
 TARY, AND THE RENDERING AND AUDIT OF THE PUBLIC 
 ACCOUNTS. 
 
 Sectios 
 
 1. ReoeiTer general's bonds and tenure of 
 
 office. 
 
 2. Clerk ; his duty, bonds, and salary. 
 
 3. Financial secretary's bonds and tenure of 
 
 office. 
 
 4. Clerk ; his duty, bonds, and salary. 
 
 5. Receiver general and financial secretary 
 
 members of tlie administration. 
 
 6. Receiver general's official duties. 
 
 Section 
 
 7. Receiver general managerof treasury notes, 
 
 funded debt, and savings' bank. 
 
 8. Financial secretary's official duties. 
 
 9. Warrant-s drawn only upon accounts duly 
 
 vouched. 
 
 10. Quarterly accounts to be rendered to the 
 
 financial secretary's office, and presented 
 to the assembly annually. 
 
 11. Governor may give directions for the ma- 
 
 nagement of the office. 
 
 Receiver gene- 
 ral's bonds and 
 tenure of office. 
 
 Clerk ; his duty, 
 bonds,and salary. 
 
 Financial secre- 
 tary's bonds and 
 tenure of office. 
 
 Clerk 5 his duty, 
 bonds, and salary. 
 
 1. The receiver general shall give bond in four thousand pounds, 
 with four sureties in one thousand pounds each, for the faithful 
 discharge of his duties, and shall hold office during pleasure. 
 
 2. He shall have a principal clerk to assist him in the business 
 of his office, who shall be the cashier of the savings bank, and shall 
 give bond in one thousand pounds, with two sureties in five hun- 
 dred pounds each, for the faithful discharge of his duties, and shall 
 be entitled to a salrry of two hundred and fifty pounds, payable 
 quarterly, such clerk to be appointed by the governor in council, 
 and to hold office during pleasure. 
 
 3. The financial secretary shall give bond in two thousand 
 pounds, with two sureties in one thousand pounds each, for the 
 faithful discharge of his duties, and shall hold office during pleasure. 
 
 4. He shall have a principal clerk to assist him in the business 
 of his office, who shall give a bond in one thousand pounds, with 
 two sureties in five hundred pounds each, for the faithful discharge 
 
TITLE X.] Chap. 36. Sect. 5—11. 127 
 
 of his duties, and shall be entitled to a salary of two hundred 
 pounds, payable quarterly, such clerk to be appointed by the go- 
 vernor in council, and to hold office during pleasure. 
 
 5. The receiver general and financial secretary shall be mem- Beceivei- general 
 bers of the provincial administration for the time being. cretai-" ''members 
 
 6. The receiver general shall receive, and on the warrant of j'ttheaitmmisua- 
 the governor pay, all public monies, and it shall be competent for iieceivcf gene- 
 
 ii. • -1 i T i c ,■ , ■• 1 ■ 1 (. ,1 i-aPs official du- 
 
 tne governor in council to direct from time to time which of the ties. 
 public accounts shall be filed in his office, and in what form the 
 books to be opened thereat shall be kept ; but one general cash 
 book shall be kept by him, in which there shall be entered, from 
 day to day, all monies received and paid, with the names of the 
 parties who received or paid the same, and which book shall be 
 open at aU times to the inspection of the members of the executive 
 government, or of any member of the legislature. 
 
 7. The receiver general shall manage or superintend the trea- Receiver general 
 sury notes, the funded debt, and the savings' bank, as hereafter sMrnotes, fllnd- 
 provided for. _ Igs^'tnT." '"" 
 
 8. It shall be the duty of the financial secretary to examine Financial secre- 
 and check from time to time, as they shall come in, all accounts of cSel""*^'*' 
 public receipt and expenditure of every kind and description. The 
 accounts of the revenue officers and collectors of light duties at 
 
 Hahfax and in the outports shall regularly pass under his super- 
 vision, and any error or mistake therein be immediately pointed 
 out and rectified, and the attention of the governor in council if 
 necessary directed thereto ; and no account of any public expendi- 
 ture whatsoever for road work, pubhc buildings, light houses, edu- 
 cation, or otherwise, shall be paid by the receiver general 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 
 financial secretary, or, in case of his absence or indisposition, by 
 his principal clerk. 
 
 9. Such accounts, so examined and certified under the hand of wareants drawn 
 the financial secretary, or. in case of his absence or indisposition counteXiy^" 
 under the hand of his principal clerk, shall be necessary vouchers ^°'"^''ed. 
 previous to the issue of a warrant for the payment of the sums 
 
 therein expressed, or for the payment thereof under any general 
 warrant previously issued therefor. 
 
 10. The principal revenue officer at Halifax and the receiver Quarterly -m-.- 
 
 ^ 1 -11 n • •] ,1 ± J} ^^ -11 counts to be ren- 
 
 genera) snail lurnish quarterly accounts oi all sums received and. cicred to the 
 paid by them respectively, to be examined and checked by the ,'?y.s™ffij.e''°!;li(|*" 
 financial secretary; and such quarterly accounts shall be collected presented 'to the 
 and formed into one general account, to be presented by the prin- auy. 
 cipal revenue officer and the receiver general to the general assem- 
 bly in every year within the first ten days of each session, and to 
 be examined and audited by a joint committee drawn from the 
 legislative council and house of assembly as heretofore. 
 
 11. It shall be competent for the governor in council to direct Governor may 
 
 from time to time which of the public accounts shall be filed iji the thrmamigemen"^' 
 
 Qftii«9fflge, 
 
128 
 
 Chap. 37. Sect. 1—2. Chap. 38. Sect. 1. [part i. 
 
 office of the financial 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 financial secretary to issue such orders for the more 
 economical expending of the public monies, by the taking of con- 
 tracts after due advertisemcut, or by such other guards and pro- 
 visions as may appear most judicious for the checking of any abuse 
 and the more vigilant and faithful husbanding of the pubUc monies. 
 
 CHAPTER 37. 
 
 OF THE OFFICES OF SURVEYOR GENERAL AND COMMISSIONER OF 
 CROWN LANDS. 
 
 Section 
 1. Siu'veyor general and commissioner of crown 
 lands' offices uniLed. 
 
 Section 
 
 :. Clerk and contingent allowances, specified 
 and limited. 
 
 Surveyor general 
 and commissioner 
 of crown lands' 
 offices united. 
 
 Clerk and contin- 
 gent allowances, 
 specified and 
 limited. 
 
 1. The offices of surveyor general and commissioner of crown 
 lands for the whole province shall be united in one person, who 
 shall hold office during pleasure. 
 
 2. The allowance for clerks and contingencies in the said office 
 for the next three years shall be two hundi-ed pounds sterling per 
 annum. 
 
 TITLE XI. 
 
 CHAPTER 38. 
 
 OF TREAPUKY NOTES, THE EUNDED DEBT, AND THE SAVINGS' 
 
 BANK. 
 
 Srction 
 
 1. Commissioners of ti^asary notes, how ap- 
 pointerl. 
 
 •J.. Form and mode of issue provided for. 
 
 o. Old notes how replaced. 
 
 ■I. Notes dated previously Lo 184i6, how dis- 
 posed of. 
 
 5. Warrants how paid. 
 
 6. Torn and defaced notes provided for ; issue 
 
 limited. 
 
 Section 
 
 7. Funded debt, payment of how provided. 
 
 8. Loan certificates may issue j their form, 
 
 &c. 
 
 9. Interest on, when and how payable. 
 
 10. Savings' bank, liow managed. 
 
 11. Interest on deposits ; deposits limited. 
 
 12. Manner of keeping accounts ; demands how 
 
 provided for. 
 
 Commisaioncrs of 
 treasury notes, 
 how appointed. 
 
 1. The governor iu council shall appoint three commissioners 
 of treasury notes, Avho shall hold oflB.ce during pleasure and be 
 
TITLE XL] Chap. S8. Sect. 2— li 129 
 
 sworn before a judge of the supreme court to the faithful discharge 
 of their duties. Any vacancy to be filled up by a similar appoint- 
 ment. 
 
 2. The form of treasury notes now in use, and the mode of Form ana inode 
 issuing, shall be continued ; and all impressions taken from the fm-r""^ ''™^' ^ 
 plate now in the custody of the provincial secretary shall be se- 
 curely kept in his office till required by the commissioners, or any 
 
 two of them, at the instance of the governor in council. 
 
 3. The commissioners shall from time to time deliver to the oidnoteahow 
 receiver general as many new treasury notes as may be required '"^p'*'^'^''- 
 
 to replace the old, and such new notes shall be immediately signed 
 by the receiver general. 
 
 4. Treasury notes issued previous to one thousand eight hun- Notes dated pre- 
 dred and forty-six, as they come into the treasury shall be deh- hl,™afspo»ea'o'f. 
 vered to the commissioners to be defaced, and shall be lodged in 
 
 the provincial secretary's office in sealed packets, which the com- 
 mittee of pubhc accounts shall examine and destroy. 
 
 5. The receiver general shall pay all warrants in gold or silver, wamnts how 
 if in the treasury, or in treasury notes issued since one thousand "''" 
 
 eight hundred and forty-six, which notes shall be again received at 
 the treasury and in payment of duties at their specified value. 
 
 6. Treasury notes issued since one thousand eight hundred and lom and defaced 
 forty-six, when torn or defaced, shall be replaced by new notes, fm-'fis'Simfted. 
 and shall be dealt with as in the fourth preceding section. The 
 
 whole amount to be issued shall never exceed the amount now 
 issued. 
 
 7. The governor in council may direct such portion of the Funded debt, 
 funded debt, not due to the savings' bank, to be paid off from time pJoSd."'^''""' 
 to time as they shall think prudent. 
 
 8. Loan certificates for the funded debt shall be issued when Loan certificates 
 required in the form now in use, and shall be transferable by en- S,T™ ' 
 dorsement. 
 
 9. The interest thereon shall be payable to the holders at the interest on, when 
 treasury on the first days of January and July in every year, "" "''p*''^ 
 when the certificates must be produced. 
 
 10. The receiver general shall superintend the savings' bank, savings' bank, 
 and shall see that the same is conducted by the cashier in accor- ™ "*°'''^^''- 
 dance with instructions issued by the governor in council. The re- 
 ceiver general shall personally superintend the weekly payments 
 
 and receipts of the cashier, and shall examine his accounts and 
 vouchers every month and certify them to be correct. And the 
 cashier shall prepare at the end of every year a full abstract of the 
 accounts and proceedings, and a report of the state of the bank, to 
 be certified by the receiver general and laid before the legislature. 
 
 11. Depositors in the bank shall be paid four per cent, inte- interest on depo- 
 rest, and no person shall be allowed to be a depositor of more than itoiitWi.^""^' '^ 
 fifty pounds. The whole amount of deposits shall not exceed forty 
 thousand pounds. 
 
 12. The accounts between the bank and the treasury shall be Manner of keep- 
 
 H fy ing accounts ; de- 
 
130 
 
 Chap. 39. Sect. 1—4. 
 
 [part I. 
 
 mandshowprovi- kept as heretofore; and if at any time there shall be' a demand 
 upon the bank which the cashier cannot meet the governor in 
 council shall order the same to be paid out of the treasury, and if 
 necessary shall open a cash account with any of the banks in order 
 to meet such demands, and on such terms as may be deemed most 
 advanta,geous. 
 
 TITLE XII. 
 
 OF COUNTIES AND COUNTY OFFICERS. 
 
 CHAPTER 39. 
 
 OF THE BOUNDARIES OP COUXTIES. 
 
 Sbctios 
 
 1. Boundary lines confirmed. 
 
 2. County dividing lines, provisions for run- 
 
 ning. 
 
 Section 
 
 3. Directions to adjoining counties. 
 
 4. Disagreement of suiTeyoi-s provided against. 
 
 Boundai-y lines 
 confirmed. 
 
 County dividing 
 lines, provisions 
 for running. 
 
 Directions to ad- 
 joining county. 
 
 Disagreement of 
 surveyors provi- 
 ded against. 
 
 1. The boundary lines of counties, and of the district of Saint 
 Mary's, are confirmed as at present established. 
 
 2. The sessions for any county may choose a surveyor to run 
 a dividing line, or a part thereof, between that and an adjoining 
 county, and shall appoint a day and place for the purpose sub- 
 sequent to the next term of the sessions of such adjoining county, 
 notice of which shall be transmitted by the clerk of the peace to 
 such sessions at or before their next sittings. 
 
 3. The sessions of the adjoining county may then nominate a 
 surveyor to meet the other. These two, or in case of neglect of 
 the sessions of the adjoining county to make an appointment, the 
 surveyor first appointed, shall run and mark the dividing line or 
 such part thereof, and make return of the proceedings, with a plan 
 annexed, to the clerk of the peace for each of the counties ; and 
 the hne, or portion thereof, so surveyed, shall be the boundary be- 
 tween the counties. 
 
 4. If the surveyors disagree, each shall make return of his 
 proceedings, with a plan annexed, to the clerk of the peace of the 
 county for which he was appointed, to be transmitted to the pro- 
 vincial secretary's office, and the same shall be laid before the 
 governor in council, who, with or without further evidence, may 
 determine upon a hne, a plan whereof shall be sent to the clerk of 
 the peace for each county, and the expense shall be eqxially divided 
 betAveen the counties and form a county charge. 
 
TITLK Xir.] 
 
 Chap. 40. Sect. 1—6. 
 
 131 
 
 CHAPTER 40. 
 
 OF SHERIFFS. 
 
 Section 
 
 1. Mode of selecting and pricking sheriffs; 
 
 bonds given before commission. 
 
 2. Commission may issue before bonds given 
 in certain cases. 
 
 3. Fine for refusing to accept office. 
 
 4. Slieriff re-eligible unless objected to by ses- 
 
 sions. 
 
 5. Death of sheriff provided against. 
 
 6. Bonds how given and registered. 
 
 7. Allowance of bonds ; provisions in case of 
 
 disallowance. 
 
 OECTION 
 
 8. Responsibilities of sm'eties, and substitution 
 
 of others. 
 
 9. Sheriff's oath. 
 
 10. Fine for neglecting to return accounts of 
 
 forfeitm-es. 
 
 11. Suits upon sheriff's bonds, how brought. 
 
 12. Damages regulated in suits for escapes. 
 
 13. Writs returned to be endorsed with items of 
 
 fees. 
 
 14. Limitation of actions. 
 
 1. The chief justice, and a judge of the supreme court selected Mode of selecting 
 by him, or, in the absence of the chief justice any two judges se- ^^trbSyvet 
 lected by the senior judge, together, in either case, with two mem- g."'"''' """"'s- 
 bers of the executive council, shall meet in Halifax during michael- 
 
 mas term in each year, and select three persons for sheriifs for 
 each county, out of whom the governor in council shall prick one to 
 serve for the ensuing year, who shall reside in his county, and 
 who, upon giving security by bond as hereinafter mentioned, shall 
 receive his commission and be invested with the powers of office. 
 
 2. A sheriff may receive his commission before his bond is ap- commission may 
 proved in case the late sheriff has misconducted himself or any of ^ten'ln ce'tata** 
 his sureties have become insolvent, or in case of the decease of a "^^«=- 
 sheriff ; but such new sheriff must find approved security within 
 
 one month, to commence from the date of the commission. 
 
 3. If any person appointed shall refuse to accept the office, he Fine for refusing 
 shall forfeit fifty pounds, and the governor shall prick another from ^ ^"^^^ °^'"'- 
 the list. 
 
 4. The name of a person serving the year previous in any sheriff re-eiigibie 
 county may be again returned, unless a representation by a majo- i^'sessims?''^'' '" 
 rity of the justices in session against him be filed in the supreme 
 
 court in Halifax before michaelmas term. 
 
 5. If a sheriff die whilst in office his deputy shall act till ano- Death of sheriff 
 ther be appointed, and the sureties of the sheriff so dying shall be •"'"^'^^'i against, 
 liable for such deputy as if the shei'iff were living. If there be no 
 
 deputy the governor in council may commission a sheriff for the 
 remainder of the year, who shall file security as other sheriffs. 
 
 6. Every sheriff shall deposit in the provincial secretary's office Bonds how given 
 a bond for the discharge of the duties of office, to be made to her *°'^ registered. 
 majesty : himself in one thousand pounds, with two sureties each 
 
 in five hundred pounds, and the bonds when approved shall be 
 registered in the provincial secretary's office, on the oath of a sub- 
 
132 
 
 Chap. 40. Sect. 7—13. 
 
 [part I. 
 
 Allowance of 
 bonds ; provisious 
 in case of disal- 
 lowance. 
 
 Responsibilities of 
 sureties, and sub- 
 stitution of others. 
 
 Slieritf 's oatli. 
 
 Fine for neglec- 
 ting to return 
 accounts of for- 
 feitures. 
 
 Suits upon she- 
 riffs' bonds, how 
 brought. 
 
 Damages regu- 
 lated in suits for 
 escapes. 
 
 "Writs returned to 
 he endorsed with 
 items of fees. 
 
 scribing witness. Where bonds are lost, certified copies shall be 
 receivable in evidence. 
 
 7. Such bonds when received by the provincial secretary shall 
 forthwith be laid before the governor in council, who shall approve 
 or disallow the same within twenty days. -Ajiy sherifi" whose bond 
 has been disallowed and not giving a satisfactory bond after reason- 
 able notice, may be removed by the governor in council, and the 
 sheriff for the preceding year shall continue in office, his sureties 
 remaining liable. If he be the same person he shall act under his 
 former appointment, and his former sureties shall continue until 
 he find approved security or be removed from office. 
 
 8. The sureties shall be responsible for the performance of the 
 sheriff's duty until the approval of new security. They may at 
 any time pray the governor to relieve them, and if, upon being re- 
 quired, the sheriff shall fail to substitute other approved sureties 
 within one month, the governor in council shall remove him from 
 office. 
 
 9. 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 in all things 
 will act uprightly in my office for the honor of the queen and the 
 good of her subjects." 
 
 10. If any sheriff delay more than two months after his year 
 of office expire to render an account on oath to the provincial se- 
 cretary of all forfeitures and debts of the crown levied by him, 
 with the names of parties paying, he shall forfeit twenty pounds to 
 the use of the crown. 
 
 11. Any person injured by any act or omission of a sheriff, 
 may sue on his bond in the name of the queen, and be entitled to 
 the proceeds with costs. The defendant shall be entitled to costs 
 if judgment be given in his favor, but no action shall be brought 
 upon the bond until judgment shall first have been recovered 
 against the sheriff. 
 
 12. In an action brought against a sheriff, jailer, or other of- 
 ficer for an escape under an execution in a civil suit, the jury shall 
 not be bound to find for the whole amount for which the prisoner 
 was committed, but they shall find a 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 gross negli- 
 gence, and in no case shall they find for more than the amount for 
 which the prisoner was committed. 
 
 13. Sheriffs shall return all writs to them directed with the 
 amount of their fees thereon indorsed, and the several items thereof 
 specifically set forth, otherwise the same shall not be taxed or re- 
 
TITLE XII.] Chap. 41. Sect. 1 — 7. 133 
 
 coverable. Sheriffs shall indorse upon every writ returned by 
 them an account of their doings thereon, and when and how ex- 
 ecuted, and the amount collected on all writs of execution. 
 
 14:. All actions against sheriffs must be brought within three Limitation of 
 years from the accruing thereof. actions. 
 
 CHAPTER 41. 
 
 OF COKONBRS. 
 
 Section 
 
 1. Coroners, how appointed and sworn. 
 "2. Inquisitions when and how returned. 
 3. Jui'ies how summoned ; inquisition may be 
 on Sunday. 
 
 Section 
 
 4. Fee for inquisition, how drawn and appro- 
 
 priated. 
 
 5. Extraordinary charges provided for. 
 
 6. Justices to act in absence of coroners. 
 
 7. Retiu-ns to board of statistics. 
 
 1. Coroners may be appointed by the governor in council, and coroners, how 
 shall be sworn into office before a judge of the supreme court or swo"™ 
 
 the custos of the county. 
 
 2. Coroners shall return their inquisitions to the clerk of the inquisitions wiien 
 crown for the county at or before the then next sittings of the su- turned"" '^'^ 
 preme court. The clerk shall file the same without fee, and give 
 
 the coroner a certificate containing the date of the inquisition and 
 the date of filing. 
 
 3. Coroners shall either personally or by a constable, furnished Junes how suni- 
 by them with a precept, summon a jury of the inhabitants of the "„°m mk™!?™!!" 
 county to attend inquisitions when requisite at a time and place Sunday, 
 appointed, and, if necessary, may hold inquests on a Sunday. 
 
 4. Upon the certificate of such clerk of the crown being filed Pee for inquisi- 
 with the provincial secretary, the governor may draw a warrant on Ind'appropriated. 
 the receiver general in favor of the coroner for fifty shillings in 
 
 fall for each inquisition, twelve shillings thereof to be paid to the 
 jury and two shillings and six pence to the constables, for their 
 fees. 
 
 5. If there be any further necessary or extraordinary charge Extraordinary 
 on an inquest or burial it shall be defrayed by the county, the f^ijfs'^s provided 
 grand jury and sessions approving thereof. 
 
 6. In the absence of the coroner, an inquisition may be held Justices to act in 
 before a justice, who shall be entitled in such case to the same fees l-oner!''^ " ""' 
 as a coroner. 
 
 7. Coroners shall return hsts in triphcate of the inquests held Eetums to board 
 by them, together with the findings of the juries to the board of "' s'*«s«'^s. 
 statistics, on or before the tenth day of January in every year, 
 
 under a penalty of five pounds. 
 
134 Chap. 42. Sect. 1—5. Chap. 43. Sect. 1. [part i. 
 
 CHAPTER 42. 
 
 OF CLERKS OF THE PEACE. 
 
 Section 
 
 1. Clerks of peace, how appointed and sworn. 
 
 2. Vacancies, provisions for and how iilled. 
 
 3. Book of rules and orders of session. 
 
 Section 
 
 4. Returns to board of statistics. 
 
 5. lees forbidden except in cases of licence. 
 
 Clerks of peace, 1. Clcrks of the peace shall be appointed by the custos of the 
 
 Md sivorn"''^'* county or district during pleasure, and shall be sworn into office by 
 the custos or a judge of the supreme court. 
 
 Tacancies, provi- 2. Upou the death Or removal of the custos, and also upon the 
 vote of a majority of the sessions, the office of the clerk of the 
 peace shall become vacant. 
 
 Book of rules and 3. Every clerk of the peace shall cause to be engrossed in a 
 book kept for that purpose only, and properly indexed, all rules, 
 regulations and orders of the sessions in force, or such as may be 
 made, with their dates respectively, -which book shall be open for 
 inspection at all reasonable times. 
 
 Keturns to board 4. Evory clerk of the peace shall annually on or before the 
 tenth day of January return in triplicate to the board of statistics 
 a list of all convictions had, and of all fines and penalties imposed 
 by the sessions, the amount of fines and penalties collected and 
 how appropriated, with the names of all offenders, under a penalty 
 of five pounds. 
 
 Fees forbidden 5. No cleilc of the pcacc shall receive any fee for the duties of 
 
 license.'" ''^"^ "' officc exccpt in cases of licenses only. 
 
 sions for and how 
 
 filled 
 
 orders of session. 
 
 of statistics. 
 
 CHAPTER 43. 
 
 OF SURVEYORS OF LAND. 
 Section 1. Deputy surveyors empowered to administer oaths. 
 
 Deputy surveyors 1. All survcyors appointed by the surveyor general as his 
 
 Sste oaths.^"^ deputies shall administer an oath to their chainmen before they 
 
 proceed upon any survey that they will well and truly perform the 
 
 service according to the best of their skill and judgment under the 
 
 directions they shall receive from such deputy surveyors. 
 
TITLE XII.] 
 
 Chap. 44. Sect. 1—2. 
 
 135 
 
 CHAPTER 44. 
 
 OF THE TIMES AND PLACES OF HOLDINa THE SESSIONS. 
 
 Section 
 
 1. Halifax sessions when held ; grand jury to 
 
 attend. 
 
 2. Colchester, Cumberland, Pictou, Hants, 
 
 Kings, Annapolis, Digby, Lunenburg, 
 Queens, Shelburne, Yarmouth, Sydney, 
 Guysborough, Cape Breton, Victoria, In- 
 verness, Richmond ; grand jury's atten- 
 dance when required. 
 
 Section 
 
 5. Dm'ation of the sittings of sessions ; of ad- 
 
 joui-nments. 
 4. Indictments may be found and tried in Ha- 
 Ufax sessions. 
 
 6. Cases may be prepared for supreme court, 
 6. Amendments j adjudication provided for. 
 
 berland, Pictou, 
 Hants, Kings, 
 Annapolis, Digby, 
 Lunenbiu'g, 
 Queens, Shel- 
 burne, Yarmouth, 
 Sydney, Guysbo- 
 rough, Cape Bre- 
 ton, Victoria, In- 
 verness, Ricli- 
 mond ; gi-and ju- 
 ry's attendance 
 when required. 
 
 1. The general sessions of the peace for the county of Halifax naufax sessions 
 shall be held on the first Tuesdays of March, June, September and ]L'y"o'attend.''" 
 December, respectively, and the grand jury are required to give 
 
 their attendance thereat. 
 
 2. The general sessions of the peace in the other counties shall coichester, cum- 
 be held as follows : 
 
 For Colchester, on the second Tuesday of January. 
 
 Cumberland, first Tuesday of January. 
 
 Pictou, first Tuesday of February and first Tuesday of July. 
 
 Hants, first Tuesday of October. 
 
 Kings, last Tuesday of April and last Tuesday of October. 
 
 AnnapoHs, third Tuesday of April and last Tuesday of October. 
 
 Digby, at the sessions house at Clare, last Tuesday of April ; 
 at Digby, first Tuesday of November. The grand jury shall at- 
 tend each sitting. 
 
 Lunenburg, second Monday of April. 
 
 Queens, second Tuesday of January. 
 
 Shelburne : at Barrington, on the Monday next after the fourth 
 Tuesday of April ; at Shelburne, on the Monday next after the 
 last Tuesday of September. The grand jury shall attend each 
 sitting. 
 
 Yarmouth : at Tusket Village on the last Tuesday of April ; at 
 Yarmouth, the third Tuesday of September. 
 
 Sydney, second Tuesday of January. 
 
 Guysborough : at Guysborough on the first Tuesday of January 
 and first Tuesday of May ; and at Saint Mary's on the first Tues- 
 day of July. The grand jury shall attend in January aiid July. 
 
 Cape Breton, first Tuesday of March and second Tuesday of 
 July. The grand jury shall attend in March. 
 
 Victoria, third Tuesday of November. 
 
 Inverness, third Tuesday of April and first Tuesday of October. 
 The grand jury shall attend in April. 
 Richmond, third Tuesday of December. 
 In counties where two terms are held, except as above provided, 
 
136 Chap. 45. Sect. 1. [part i. 
 
 the grand jury shall attend only at the fall or winter term. In all 
 
 counties where there is a single session for the year, the grand jury 
 
 shall attend. 
 
 Duration of the 3. The general sessions maybe kept open in the county of 
 
 sionsfofLijourn- Halifax fourteen days, hut in other counties not more than ten 
 
 merits. ^lays , and they may be adjourned from time to time during term 
 
 as occasion shall require. 
 Indictments may 4. Bills of iudictment may be preferred, found, and tried, and 
 fn a"i'ifax"ts-"^'' judgment thereon given in the general sessions of the peace for 
 sions. the county of Halifax as heretofore, and persons convicted thereat 
 
 may be sentenced to confinement in the provincial penitentiary, in 
 the same manner as if tried and sentenced in the supreme court. 
 Cases may be pre- 5. When a qucstion of law shall arise, and the sessions desire 
 ''"'°'' "'■°"""""° tlie opinion of the supreme court thereon, the clerk of the peace 
 may be ordered to prepare a case, to be signed by the custos or 
 the presiding justice, which may be filed and entered by either 
 party interested therein, or by the clerk of the peace with the pro- 
 thonotary, for argument at the next sitting of the supreme court 
 in the county. 
 Amendments ; 6. The presiding judge may order the case to be sent back to 
 
 adjudication pro- ^^ amended if he shall see fit. He may hear and determine the 
 same, or he may, if he think the matter more fit for the determi- 
 nation of the whole court, grant a rule nisi, returnable at Halifax, 
 to be argued and disposed of as other rules are. The judgment 
 of the supreme court, whether in the county or at Halifax, shall 
 be embodied in a rule and returned to the court of sessions by the 
 prothonotary, and shall be final. 
 
 pared for supreme 
 court. 
 
 CHAPTER 45. 
 
 OF SPECIAL SESSIONS. 
 
 Section 
 1. Special sessions how called J What business 
 transacted. 
 
 Section 
 2. Number of justices necessary ; records to 
 be made out and filed. 
 
 Special session.:! 1- The custos of hls owu authority may, and upon the written 
 buSn'Sftranl-^'" requisition of three justices specifying the particular objects thereof 
 acted. shall, Call Special sessions for the transaction of any business which 
 
 may be legally transacted thereat, and he shall in all cases direct 
 the clerk of the peace to convene the same, giving him at the same 
 time the necessary information as to the objects thereof, and the 
 clerk of the peace shall forthwith post up advertisements in at least 
 five of the most public places in the township or settlement inte- 
 rested in the business to be transacted at such sessions, and if there 
 
TITLE XII.] 
 
 Chap. 46. Sect. 1. 
 
 137 
 
 shall be any business affecting the interests of the county or dis- 
 trict generally, then advertisements shall be posted in at least 
 three of the most public places in each township of such county or 
 district, and all such advertisements shall be posted up at least five 
 days before the meeting of the sessions, and shall mention the par- 
 ticular business to be transacted thereat, and a copy of the notice 
 shall be filed by the clerk of the peace, and no business shall be 
 transacted at such sessions other than that contained in the adver- 
 tisement. In case of the absence from the county or illness of the 
 custos, any three justices may direct the clerk of the peace to call 
 such special sessions. 
 
 2. Every special session, unless otherwise prescribed, shall be 
 composed of five or more justices and the clerk of the peace, or in 
 his absence, a fit person to be named by the justices present shall 
 attend and make a record of such sessions and of all proceedings 
 had thereat, to be filed in the office of the clerk of the peace. 
 
 Nimiber of jus- 
 tices necessary ; 
 records to be 
 made and filed. 
 
 CHAPTER 46. 
 
 OF COUNTY ASSESSMENTS. 
 
 Section 
 
 E 1. Countytreasurer, how appointed. 
 
 2. Presentments for general purposes. 
 
 3. Presentments for local and for special pur- 
 
 poses. 
 
 4. Amercements for necessary and specific ob- 
 
 jects in cases of grand jury's neglect. 
 
 5. Apportionment of county assessment upon 
 
 towns and places. 
 
 6. Apportionment upon Halifax city, how as- 
 
 sessed and payable. 
 
 7. Assessors and collectors, how appointed. 
 
 8. Apportionment in cases of amercement. 
 
 9. Assessors to be notified of appointment ; 
 
 fine for refusal to act. 
 
 10. Assessments, when and how made. 
 
 11. Unoccupied real estate, how assessed. 
 
 12. Assessment rolls to be furnished clerk of 
 
 peace by assessors } assessors' fees. 
 
 13. Collectors to be furnished with copies of 
 
 rolls. 
 
 14. To pay over to treasurer j general retiirn 
 
 of defaulters. 
 
 15. General warrant of distress may issue ; 
 
 constables' fees. 
 
 16. Constables' duty on warrant. 
 
 17. Commissions to collectors. 
 
 Section 
 
 18. Collector's duties ; fine for neglect. 
 
 19. Amercements by supreme court on neglect 
 
 of sessions. 
 
 20. Treasurer to receive and pay all county 
 , money. 
 
 21. Treasurer's accounts to be prepared annu- 
 
 ally or oftener, and audited. 
 
 22. Hahfax accounts to be published in the royal ' 
 
 23. Commissions to county treasurers. 
 
 24. Appeals, when and how prosecuted. 
 
 25. Kepayment provided when so ordered by 
 
 sessions ; appeal not to delay collection. 
 
 26. Overseers of works to render accounts with 
 
 vouchers } proceedings for default. 
 
 27. Compensation to overseers, constables, &c. 
 
 28. Forfeitm-es and penalties, how collected and 
 
 disposed of. 
 
 29. Limitation of action and venue. 
 
 30. Certiorari, when allowed and how obtained ; 
 
 rates, when quashed. 
 
 31. Overpayments not recoverable from collec- 
 
 tors. 
 
 32. County to mean district in certain cases. 
 Form of general warrant. 
 
 1. The grand jury shall annually at the general sessions pre- countytreasurer, 
 sent the names of three persons, being residents in the county, one ""'^ ^pp°'°^^ ■ 
 18 
 
138 Chap. 46. Sect. 2—4.^ [part i. 
 
 of -whom shall be appointed by the court, treasurer for the county, 
 who shall give bond to her majesty, with sureties to be approved 
 of by the custos, in a sum to be named by the sessions, for the 
 performance of the duties of his office, and shall be sworn into 
 office ; and such treasurer shall continue to hold office until a suc- 
 cessor be appointed. 
 Presentments for 2. The grand jury, on their own knowledge, the recommenda- 
 genera purposes. ^.^^ ^^ ^^^ court, Or the representation of three or more freeholders 
 of such county, shall present any sums of money necessary in their 
 judgment, for any public purpose within the county ; the same to 
 be confirmed by the sessions. 
 Presentments for 3. IJpon the petition of twenty freeholders of any township or 
 dai purposes.'''^ placc. Certified to be such by a justice of the peace, the grand 
 jury may present any sums necessary for the erection or repairs of 
 lock-up-houses, and the payment of keepers thereof; for the pur- 
 chase, the erection, hiring, or repairing of market or town houses, 
 for the providing of hay scales, weights, and appurtenances, for 
 sets of weights and scales and for measures, long, liquid, and dry, 
 for any township or place, and such sums when confirmed by the 
 sessions shall be added to the apportioned assessment upon such 
 township or place, and assessed and levied exclusively thereon. 
 The sessions may make regulations for the use and management of 
 such buildings and pubhc property, and may appoint keepers 
 thereof 
 Amercements for 4. If any grand jury neglect or refuse to make a presentment 
 specScTbjeotsin whcn ucccssary for any of the following purposes, that is to say : 
 iur^s'neeS" ^^^ *^® buUdiug or repairing a jail or the appurtenances thereof, a 
 court house or sessions house, and for fuel for the use of the same ; 
 for erecting and repairing pounds, and providing bolts, bars and 
 shackles ; also for conveying persons accused of crimes to jail when 
 the distance shall be three miles or upwards, at a rate not over sis 
 pence per mile ; for the decent support of poor criminals, or poor 
 debtors in jail, for the salary to the treasurer of the county, for a 
 salary to the clerk of the peace of not less than twenty pounds, for 
 the maintenance of a jailer, for the paying of criers for the several 
 courts, for defraying the expenses of poor witnesses on the trial of 
 persons accused of any criminal ofience, for defraying the charges 
 of public executions and of conveying criminals under sentence to 
 their places of confinement, for defraying the expenses of persons 
 sentenced to confinement and labor within the county, and pro- 
 curing materials for such labor ; for paying extraordinary expenses 
 ordered by the sessions to constables and incurred in execution of 
 their duty in cases of riot or felony ; for paying allowances to spe- 
 cial constables ordered by the sessions about executing or assisting, 
 or trying to execute warrants for felony or misdemeanor ; for ex- 
 penses incurred or necessary to be raised about repairing bridges 
 within the county ; for expenses incurred about removing county 
 rates by certiorari or otherwise, or in prosecuting or defending any 
 action or proceeding at law respecting such county afiairs; the jus- 
 
TITLE xil] Chap. 46. Sect. 5—12. 139 
 
 tices in session shall amerce the county for any sum ■ffMch may 
 appear to them necessary to he raised for any such purpose. 
 
 5. So soon as the amount to be raised in the county shall he Apportionment of 
 
 J J. • J _Li • in • 1 • 1 1 • county asseas- 
 
 aetermined, the sessions shall ascertain what portion each township ment upon towns 
 
 and place shaU contrihute. '"'' ^'''''■ 
 
 6. The amount to be assessed upon the city of Halifax being Apportionment 
 so ascertained, shall be fiirnished by the clerk of the peace to the X°aSessld aS 
 city clerk, and thereupon it shall be assessed upon the city, and payable. 
 collected at the same time and in the same manner as other city 
 
 rates. The amount so collected shall be held payable to the order 
 of the sessions. The city of Halifex is exempted from the opera- 
 tion of the remaining sections of this chapter. 
 
 T. When any presentment shall be made, the grand jury shall Assessors ana coi- 
 farnish to the court the names of such number of the freeholders poSi """^ "''" 
 of the county as the court shall direct, to be assessors and collectors 
 respectively for the several townships and places in such county, 
 and the court shall appoint not less than half the persons named. 
 
 8. In case of amercement where no assessors or collectors shall Apportionment in 
 have been appointed, the sessions shall appoint the necessary num- ™nt. ° *™^"°' 
 ber, being freeholders within the county. 
 
 9. The clerk of the peace for the county shall in all cases no- Assessors to be 
 tify the assessors of their appointment, and they shall be sworn pointment ;°'flne 
 into office ; and in case of refasal to act, such assessors shall forfeit *" """""^ '° '""• 
 five pounds. 
 
 10. The assessors for each township and place shall meet at a Assessments, 
 time to be appointed by the clerk of the peace, and shall, within made.^" 
 twenty days after being sworn into ofSce, assess the sums so pro- 
 portioned upon the inhabitants of each township or place by an 
 
 equal pound rate on the real and personal property in their respec- 
 tive occupation or possession within the county, whether the same 
 be or be not in such township or place, regard being had to the 
 value of the rents of the real estate, and the capability of the per- 
 sonal estate to produce profit, in which assessment the assessors 
 shall be included. 
 
 11. Where real estate within the county is not in the occupa- Tinoccupied real 
 tion or possession of any inhabitant but produces some profit to the sessed. °^ ^' 
 owner, such owner shall be liable for a due proportion of the pound 
 
 rate in respect of such real estate, and if the same be not paid after 
 reasonable notice to the owner or his agent, the collectors shall let 
 so much of such real estate as will yield a rent sufficient to cover 
 the rate and the expense of letting. 
 
 12. The assessors shall, within twenty-five days after being Assessment roua 
 sworn into office, furnish the clerk of the peace with rolls of the cierko™eace by 
 names of the inhabitants so assessed, with the sums assessed oppo- Bor?tees.' ^^^^" 
 site each name, which assessment shall be made and rolls subscri- 
 bed by a majority of the assessors making the same ; and every 
 
 assessor while employed shall receive at the rate of five shillings a 
 day, not to exceed three, days, to be added to the assessment, and 
 ghall forfeit five pounds for every neglect of duty. 
 
140 Chap. 46. Sect. 13—21. [part i. 
 
 Coiiectois to be 13. Immediately after the assessments upon the townships and 
 raples'^ofraiis!' placBS shall have been returned by the assessors, the clerk of the 
 peace shall furnish the collectors with rolls of the assessment for 
 each township and place respectively. 
 To pay over to 14. The collcctors shall pay over the monies received without 
 laj^Xm oflTe- ^'^^^J ^^ the treasurer, who, if necessary, may maintain an action 
 faiuters. therefor : and every collector shall make a general return to a jus- 
 
 tice within the township or place, or if none reside there, to any 
 justice of the county, of every person who, after demand made, 
 shall not have paid his rate ; and the collector shall make oath in 
 writing before such justice, setting forth the name of every defaul- 
 ter, the sum assessed, that demand has been made, and what por- 
 tion of the rate is unpaid. 
 General waiTant 15. Such justicc shall thereupon forthwith issue a general 
 Luef consSs' Warrant of distress against the several defaulters in the form in the 
 ''"'^- schedule directed to a constable not being such collector, comman- 
 
 ding him to levy from the goods of each person named in the war- 
 rant the sum due by such person, with constable and justices fees. 
 The justice's fee for such warrant shall be three shillings and six 
 pence, and the constable's fee for each person in the warrant shall 
 be one shilling, but the constable shall have no travelling fees or 
 poundage, and the justice's fee shall be apportioned among the seve- 
 ral persons, if more than one, in the warrant ; and no suit shall be 
 brought against such defaulters before any justice. 
 Constables' duty 16. The coustable shall forthwith execute such warrant, and 
 pay over the amount collected thereunder to the collector for such 
 township or place, who shall thereupon pay the same to the county 
 treasurer. 
 
 Commissions to 17. The rate of commission to collectors shall not be more than 
 collectors. £^g ^^^ ccnt., but the sessions shall have power to fix a smaller 
 
 rate. 
 Collectors' duties, 18. Every person appointed a collector who shall neglect to be 
 fine for neglect, fj^om iuto officc, Or who shall not perform the duties thereof, shall 
 forfeit forty shillings, recoverable in the name of the county trea- 
 surer, as other debts of the hke amount are, which sum, when col- 
 lected, shall be paid into the county fund. 
 Amercements by 19. If the scssions shall ncglcct to make presentment as herein 
 neg[ecTorses-°° dircctcd, the supreme court shall amerce the county in such sum 
 as shall appear to them upon affidavit of a rate-payer to be neces- 
 sary for the purpose of the fourth section, which sum shall be as- 
 sessed upon the inhabitants of the county, collected, paid to the 
 treasurer, and accounted for as other rates. 
 Treasm-cr to re- 20. All mouies belonging to or due the county shall be paid to 
 the treasurer thereof, and all money due from the county shall be 
 paid by him on the order of the sessions. 
 
 21. The treasurer shall once in every year make up his ac- 
 
 parrtannuluy OT count and Send the same to the clerk of the peace to be filed, and 
 
 the same shall be laid before the justices and grand jury on the 
 
 first day of the next sessions, to be.audited ; but the justices, either 
 
 on warrant. 
 
 sions. 
 
 ceive and pay all 
 coimty money. 
 
 Treasurer's ac- 
 
 oftener, and 
 audited. 
 
TITLE XII.] Chap. 46. Sect. 22—30. 141 
 
 in general or special sessions, may at any time before the sessions, 
 if they see fit, order the county treasurer to make out and render 
 his account up to any period named in such order. 
 
 22. The accounts for Halifax county shall be laid before the iiaiifax accounts 
 December sessions, and after they have been audited shall be pub- the''roy^'gSte! 
 hshed in the royal gazette. 
 
 23. There shall be allowed to the treasurer five per cent, on commissions to 
 all monies received by him. ^Z!^ ''^'^"- 
 
 24. Any person aggrieved by the assessment or the levy may Appeals, when 
 appeal to the next sessions held in such county, or to any special Sl *""" i'™''™" 
 sessions to be held for hearing appeals, giving at least eight days' 
 
 notice to the clerk of the peace of such appeal, who is required to 
 appear in support of the assessment or rate ; and the court of ap- 
 peal, 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. 
 
 25. If any money has been paid by the appellant, and the ses- Repayment pro- 
 sions adjudge that the same or any part thereof be returned, the ordered^ b^Bes- 
 same shall by order of the sessions be repaid by the treasurer out S'deiayTou^c-"' 
 of any money received from the general assessment of the county ; '""'• 
 
 but no appeal shall delay the collection or recovery of the sum as- 
 sessed upon the appellaut. 
 
 26. Every person appointed by any presentment and order oveiseers of 
 thereon, or by any amercement, to be an overseer of work or dis- rccmmts ^m" 
 tributor of money so raised, shall at the next sessions, and within ""^J,™ (j,/^"" 
 a reasonable time, by the sessions to be appointed, produce his ac- fault. 
 count on oath if required, with vouchers, that the money by him 
 
 received has been expended according to law ; and if upon account 
 made he shall be found to have money on hand, he shall forthwith 
 pay the same to such person as the sessions shall appoint, and in 
 default of such account or payment he shall, by warrant of the 
 sessions, be committed to jail, there to remain in close confinement 
 for three months, or until such account be made, and the balance 
 be paid with costs, or suflScient security be given for the same. 
 
 27. The sessions, out of the money assessed, shall from time to Compensation to 
 
 1 IT . . "^ , T , -1 1 p overseers, consta- 
 
 time order a reasonable compensation to overseers, distributors ot wes, &c. 
 money, and constables employed under this chapter. 
 
 28. Forfeitures and penalties hereby imposed, the collection of forfeitures and 
 which is not otherwise provided for, shall be sued for by the clerk cou^ted'anrdis- 
 of the peace, by direction of two justices, and collected as other p°*'='' "'■ 
 debts of hke amount, with costs ; but no suit shall be brought be- 
 fore a justice who shall have directed the same ; and forfeitures 
 
 and penalties when recovered shall be paid to the treasurer for 
 county purposes. 
 
 29. No action shall be commenced for any thing done in pur- Limitation of 
 suance 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. 
 
 30. No certiorari to remove rates or orders, or other proceed- certiorari, when 
 
 * allowed and how 
 
142 Chap. 46. Sect. 31— 32. {part i. 
 
 obtained ; rates, jngg of the sessions toiichiiig rates, shall be panted but iipoix mo- 
 quas e . ^.^^ j_^ ^^^ g^^^ week of the next term in the county after the time 
 of appeal has expired ; and upon it being made to appear by affi- 
 davit that the merits of the question on such appeal or orders will 
 by such removal come properly in judgment ; and no certiorari 
 shall be allowed till a bond with one surety to be approved by the 
 treasurer be given to him in ten pounds to prosecute the same with 
 effect, and pay the costs if the rates or orders be confirmed ; nor 
 shall any rates or orders be quashed for matter of form only, nor 
 any general rate for any illegaUty in the rates of individuals, ex- 
 cept as to such individuals. 
 
 Overpayments gi. Jfo actiou shaU be brought against a collector or receiver 
 
 not recoverable „ - i i i • - i 
 
 from couectors. 01 moucy On a rate subsequently quashed on a certiorari or other- 
 wise, but the person who has overpaid shall have the amount re- 
 funded by the treasurer on the order of the sessions. 
 
 County to mean 32. The word " couutv " iu this chapter shall include a dis- 
 
 district in certain , • , ^ ,ii in, i t..tt 
 
 cases. trict whercvcr a county has been, or hereafter may be, divided 
 
 into districts. 
 
 SCHEDULE. 
 
 Form of general warrant of distress. 
 
 County of ) To A. B., one of the constables of the 
 \ township of . 
 
 Form of general Whercas by a rate and assessment made m. conformity with 
 warrant. ]j^.^^ ^]^g porsous named in the schedule hereunto annexed have 
 
 been assessed for county rates for the year ending the ; 
 
 and whereas it appears to me, one of the justices of the peace for 
 such county upon the oath of C. D., one of the collectors for such 
 township, 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 remaia unpaid: 
 these are therefore to require you forthwith to make distress of the 
 goods and chattels of the persons mentioned in the schedule ; and 
 if within the space of five days next after such distress by you 
 taken the sums in the schedule set opposite their respective names, 
 being the sums rated on them respectively, together with their pro- 
 portion of justice's and constable's fees and the necessary charges 
 of taking and keeping the distress be not paid by each of them re- 
 spectively, that then you do sell the goods and chattels of such of 
 them as shall not have paid such sums with fees as above men- 
 tioned, and out of the monies arising from such sale you do forth- 
 with pay over the sums so due by them respectively to the said 
 C. D., the collector, together with the justice's and constable's fees, 
 if any, by him paid ; and that you do render to the owners of the 
 goods respectively upon demand the surplus remaining from such 
 sale, the necessary charges of taking, keeping and selling the dis- 
 
TITLE XII.] 
 
 ^HAp. 47. Sect. 1—7. 
 
 143 
 
 tress 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) , J. P. (seal.) 
 
 CHAPTER 47. 
 
 OP JAILS AND OTHER COUNTY BUILDINGS. 
 
 Sectios 
 
 1 . Jails, court houses and sessions, how erected 
 
 and repaired. 
 
 2. Spii'ituous liquors forbidden within jail 
 
 limits. 
 
 3. Penalties for a second conviction. 
 
 4. Prosecutions to be by clerk of Kcense. 
 
 5. Liquors when prescribed medicinally may 
 
 be furnished. 
 
 6. Exceptions where houses within the limits. 
 
 7. Jail limits and yards, as well as the conduct 
 
 Section 
 
 of sheriff^s and officers, to be related by 
 supreme court. 
 
 8. Orders touching county buildings, affecting 
 
 jails, jailers and prisoners, made by ses- 
 sions in certain cases. 
 
 9. Jailer's salary, how regulated ; fees may be 
 
 aboUshed. 
 
 10. Sessions' orders to be submitted to the su- 
 
 preme court for allowance. 
 
 11. Jail regulations to be posted in the buUding. 
 
 1. County or district iails, court houses and session's houses, Jaii3,court houses 
 
 1 _. *^ n 1 ■!! T ^j_i 1 ' • 1 and sessions, how 
 
 may be erected and repaired by order ot the grand juries and ses- erected and Ve- 
 
 sions ia the respective counties and districts. v^aed. 
 
 2. If a jailer or other person shall sell or dehver, or permit any spirituous uquors 
 person to sell or deliver to any prisoner or other person any spi- Jau itofts. "'"™ 
 rituous hquors in any jail or jail yard, or within the hmits of any 
 
 jaU, or in any room or part of a house or building where a jail is 
 kept, or shall bring or suffer such hquors to be brought therein to 
 be used by any prisoner there, such person shall forfeit a sum not 
 exceeding three pounds. 
 
 3. Every jailer on a second conviction therefor, shall, in addi- 
 tion to paying a second fine, be disquahfied for office, and be forth- 
 with dismissed. 
 
 4. Prosecutions shall be in the name of the clerk of the licen- 
 ses for the county or district, and on information given him it shaU 
 be imperative upon him to sue for such fine. 
 
 5. Nothing herein contained shall prevent the introduction of Liquors when 
 hquors for sick persons being in jail when prescribed in writing by Sy^y bl^' 
 a physician. furnished. 
 
 6. If the hmits of a jail extend beyond the jail yard, and in- Exceptions where 
 elude any house or building other than the jail, nothing herein limits. 
 contained shall extend to such limits unless as respects dehvering 
 
 or carrying such spirituous hquors to prisoners confined within such 
 jail or the hmits thereof 
 
 7. The supreme court in the different counties shall from time jaii limits ana 
 to time make and publish niles and orders for fixing and ascertain- f^l'^^^^t'it^ 
 
 Penalties for a 
 second convic- 
 tion. 
 
 Prosecutions to 
 be by clerk of U 
 cense. 
 
144 
 
 Chap. 48. SicT. 1—2. 
 
 [part I. 
 
 sheriffs and offi- 
 cers, to be regu- 
 lated by supreme 
 court. 
 
 Orders touching 
 county buildings, 
 affecting jails, 
 jailers, and pri- 
 soners, made by 
 sessions in cer- 
 tain cases. 
 
 Jailer's salary, 
 how regulated j 
 fees may be 
 abolished. 
 
 Sessions orders to 
 be submitted to 
 the supreme court 
 for allowance. 
 
 Jail regulations to 
 be posted in the 
 building. 
 
 ing the Kmits and boundaries of jail yards, and for directing and 
 controlling the conduct of sheriffs, jailers and officers having the 
 charge or custody of prisoners, and for their safe keeping and pro- 
 tection. 
 
 8. The justices in sessions may make orders for the regulation 
 of county buildings and for the internal regulation of jails, for the 
 guidance of jailers and other subordinate prison officers, and for the 
 comfort and control of prisoners ; but the same shall not extend to 
 interfere -with or affect the security of prisoners there confined, nor 
 the custody or control of the sheriff over his prisoners, nor to les- 
 sen his responsibihty for their safe keeping. 
 
 9. The justices in session, -with the assent of the grand jury, 
 may regulate the salary of jailers and subordinate prison officers, 
 and may regulate or abohsh the payment by prisoners of fees. 
 
 10. Certified copies of all such orders shall forthwith thereafter 
 be furnished by the clerk of the pea<!e to the prothonotary of the 
 county, and thereupon the supreme court at its next term may 
 alter, disallow or confirm the same. If not altered or disallowed at 
 the next term, they shall immediately thereafter be in force. 
 
 11. Every sheriff and every jailer shall keep a copy of the jail 
 regulations posted in some conspicuous part of the building, and 
 the clerk of the peace shall furnish him therewith upon demand. 
 
 TITLE Xm. 
 
 OF TOWNSHIPS AND TOWNSHIP OFFICERS. 
 
 CHAPTER 48. 
 
 OF TOWNSHIPS, THEIR POWERS AND DUTIES, AND THE APPOINT- 
 MENT, QUALIFICATION, AND DUTIES OF TOWNSHIP OFFICERS. 
 
 Section 
 L Boundaries of townships confirmed. 
 
 2. Surveyors of township lines appointed j 
 
 their duties. 
 
 3. Town oflacers, how nominated and ap- 
 
 pointed. 
 
 4. Surveyors of highways, how appointed In 
 
 cases of omission of sessions. 
 
 Section 
 
 5. Officers to be sworn in j fines for certain 
 
 offences. 
 
 6. Provisions in caae of death, absence, &c. for 
 
 a successor. 
 
 7. Custody of town plans, grants, &c. pro- 
 
 Tided ; fee for inspection. 
 
 Boundaries of 1- The boundarj lines of townships, wherever the same have 
 
 £™<L^^ *^°°' been established, are confirmed. 
 
 Surveyors of 2. The grand lury for each county, when required by the 
 
 township lines , o °i''r in .•" „ \ »'•. 
 
 appointed j their couxt 01 senoral scssions, snail nominate out oi the respective 
 
 duties. o 7 . r 
 
TITLE XIII.] 
 
 Chap. 48. Sbct. 3—7. 
 
 145 
 
 townships ■within the county, or any of them, six persons., out of 
 whom the justices shall appoint three to be surveyors of hues and 
 bounds of such townships, who shall survey, examine, and ascer- 
 tain the lines and bounds of such townships, in such manner as the 
 sessions shall direct ; and the lines of townships so surveyed, when 
 confirmed by the sessions, shall be binding. 
 
 3. The grand iuries in the several sessions of the peace shall T"™ officers, 
 
 „ • . 1 -L /• /• i rp ji '">'' nominated 
 
 annually nommate such number ot persons tor town omcers as the and appoinwd. 
 justices shall direct, out of whom the justices shall appoint such 
 number as may be deemed expedient. 
 
 4. If the grand jury and sessions shall not appoint a surveyor surveyors of 
 of highways for any particular district, any two justices of the appoSdin"^ 
 peace of the township or settlement may make such appointment, obsessions!™''"" 
 
 5. The officers so appointed shall be respectively sworn to the °®°^''? '? ^ * 
 faithful discharge of their duty before a justice, before entering for certain of- 
 thereon ; and upon refusal to accept office or neglect to be sworn '™°*°' 
 
 in within fourteen days, or misbehaviour therein, every such officer 
 for each offence shall forfeit forty shillings. 
 
 6. If any person so appointed shall die or leave the township ProTisionsincase 
 during his term of office, or shall not perform the duties thereof, &c. for a succes- 
 any two justices of the township or settlement may appoint a sue- *"' 
 
 cesser until another person shall be appointed by the grand jury 
 and sessions at their next meeting. 
 
 7. All plans, grants, title deeds and conveyances, belonging to Custody of town 
 
 , ,f 'P ,.', ,, -XT. -i. ° . plans, grants, &c. 
 
 any township, or m which the propnetors have a common interest, provided ; fee for 
 shall be kept in the custody of the clerk of such township, who '°^p«'=''™- 
 may recover possession thereof in an action in his own name, and 
 such documents shall be open for inspection to all persons on pay- 
 ment of a fee of six pence. 
 
 CHAPTER 49. 
 
 OF FENCES AND FENCE VIEWERS, AND IMPOUNDING OF CATTLE. 
 
 Section 
 3. Fences of enclosed lands, how constructed. 
 
 2. Height of fences. 
 
 3. Damages by cattle, by and from whom re- 
 
 coverable. 
 
 4. Of the appraisement. 
 
 5. Damages recoverable after notice, as a debt. 
 
 6. Partition fences, how erected ; differences, 
 
 how adjusted. 
 "7. Fence viewers' charges ; fine for neglect of 
 duty. 
 
 8. Unimproved land ; owner of, not liable to 
 
 fence. 
 
 9. Cattle, &c. trespassinif on inclosures liable 
 
 to be impounded. 
 
 19 
 
 Section 
 
 10. Pound-keepers duty in such case. 
 
 11. His, fees and the mode of recovery. 
 
 12. Fines for rescue and pound breach ; how re- 
 
 covered and appropriated. 
 
 13. Rivers, creeks, &c. j when deemed lawful 
 
 fences. 
 
 14. Appeals from judgment of fence viewers 
 15- Damages recoverable if the portion of fence 
 
 broken were lawful. 
 
 16. Owner liable for damage if his cattle break 
 
 through his own portion of dividing fence. 
 
 17. Penalty for destroying railings, walla, and 
 
 fences on sides of public grounds, bridges, 
 &c. 
 
146 Chap. 49. , Sect. 1— IX. [part i. 
 
 rencesot enclosed 1. All fences of enclosed lands stall be built of stones, pickets, 
 stencted"" ''°°" boards, logs, poles, brush, or posts and rails, unless the lands are 
 
 bounded by ponds, unfordable rivers, or tbe sea, or surrounded by 
 
 suiEcient hedges. 
 Height offences. 2. Such feuces shall be at least four feet and a half high, except 
 
 stone -walls and picket and board fences, which shall be at least 
 
 four feet. 
 Damages by cat- 3. If any damage be done by horses, sheep, goats, swine or 
 whom^reTOyer-"" cattlc, breaking into and destroying the product of such enclosures, 
 ''*'"'• the same being enclosed at the time with a suflScient fence in the 
 
 judgment of the fence viewer, the owner of the animals trespassing 
 
 shall pay to the party injured, the value of such damages. 
 Of the appraise- 4. The damages shall be ascertained by an appraisement of 
 "™'- three persons living in the neighborhood, being first sworn before 
 
 a justice, truly to value the same. 
 Damages recover- 5. If the Owner refuso to pay the amount appraised, upon 
 
 able after notice a* j_i /» _li i_ • • i • j. • i.* i.i_ j» 
 
 as a debt. uotice thereoi, the party mjured may mamtam an action therefor 
 
 as for any other debt. 
 Partition fences, 6. The proprietor of a field adioining another enclosed and im- 
 
 DOW £l'6Ct6Q ' Qll" ^^ 
 
 ferences, how ad- provcd, shall build and maintain his proportion of fencing on that 
 justed. pg^j,^ ^^ gj^^jj j^j^^ which adjoins his own, and in case of neglect so 
 
 to do, after three days notice to that effect, 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 proprie- 
 tors 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. 
 Fence viewers' 7. No feucc viewcr shall bc allowcd more than three shilhngs 
 neglfcYof duty.""^ per day for his own trouble and time ; and for each neglect of duty, 
 
 when notified, he shall forfeit forty shilhngs. 
 Unimproved g. No owucr Or proprietor of wood, or barren or burnt lands, 
 
 land, owner of , . i n i n i i .. 
 
 not liable to fence, not uncicr improvements, siiall be compelled to make any part of a 
 
 fence against or on the same. 
 
 Cattle, &c. ties- 9. If any damage shall be done by horses, sheep, goats, swine 
 
 sures"fiawe™o°be Or Cattle breaking into and destroying the product of any enclosures, 
 
 impounded. ^j^^ persous whose fences have been broken and enclosures damaged 
 
 may impound the cattle so trespassing till the owner shall claim 
 
 the same. 
 
 Pound-keepers 10. The pouud keeper shall thereupon as soon as may be, ad- 
 
 utymsuc case. .^^gJ.^Jgg ^j^g gj^jjjg jj^ three of the most pubfic placcs in the settlement 
 
 where the trespass has been committed, in order that the person 
 
 injured may proceed against the owner of such animals refusing to 
 
 pay the damages done thereby. 
 
 His fees and the 11, The owucr of such animals shall pay to the pound-keeper 
 
 recovery. ^^^^^^^ ^j^g (jij^j^ges adjudged, one shilling for every horse or head 
 
 of cattle, and six pence for every sheep, goat or swine for each day 
 
 the same shall have been impounded for their support ; and in case 
 
 of refusal to pay the same within eight days after being impounded 
 
titEe xm.] Chap. '49. Sect. 12—17. 147 
 
 with the charge of advertising, the animals shall he 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,ihen to the overseers of the poor 
 of the plaee where the trespass was committed. 
 
 12. If any person shall rescue any animal from the person Fines for rescus 
 driving them to the pound, he shall forfeit to the party aggrieved SreachThow re- 
 twenty shillings above all damages sustained by the trespass com- ™i'ereii and ap- 
 mitted by such animal. And if any person break any pound or 
 
 by indirect means dehver any animals therefrom, he shall forfeit 
 five pounds to any person who will sue for the same ; which pen- 
 alty and damages or penalty as the case may be, shall be sued for 
 and recovered with costs, as if the same were a private debt, and 
 the penalties for such pound breach, after deducting any expenses 
 of repairing such breach of the pound, shall be paid to the over- 
 seers of the poor for the place where the offence shall have been 
 committed. 
 
 13. Such rivers, creeks, bays, harbours, and inlets of the sea Rivers, creeks, 
 only shall be deemed lawful fences, as in the judgment of the fence lawfui'^ten^e's™"^* 
 viewers of the township or place where such lands he, shall be suf- 
 ficiently deep and inaccessible to prevent the passing of cattle. 
 
 14. If any person feel aggrieved by the judgment of the fence Appeals from 
 viewers as to the lawfulness of such last mentioned fence, or desire i'lelSr* °"^™* 
 the decision of the court of sessions instead, such person may apply 
 
 to the sessions, who shall inqiure 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. 
 
 15. In every case where damage shall be done to the enclosed Damages recove- 
 lands of any person by any of the animals hereinbefore mentioned, tton^of fe'nce bro- 
 breaking the fences enclosing the same, the owner of such animal ''^ ^^"^ "''''^• 
 shall be hable for the damage, if that part of the fence broken by 
 
 such animal were lawful, although other parts of the enclosing fence 
 may not be lawful. 
 
 16. The owner of any of the animals hereinbefore mentioned owner liawe for 
 breaking through a division fence which such person is bound to tietrla/through 
 repair and keep up, shall be hable for any damage done by such ^I^Xn^'fencr''^ 
 animal upon the land of another person enclosed or partly enclosed 
 
 by such division fence, although the same may not be a lawful fence. 
 
 17. If any person shall destroy or injure any railing, stone Penalty for de- 
 wall or fence of any kind, placed on the side of any public square, TOUs^anrfeS 
 bridge or causeway, he shall forfeit for each offence not less than ™ound3,°brw'ges° 
 five or more than forty shilUngs in addition to any private damage &<;• 
 sustained. 
 
148 
 
 Chap, 50. Sect. 1 — 4. 
 
 [PAKT I. 
 
 TITLE XIV. 
 
 OF THE SUPPORT OF PUBLIC WORSHIP. 
 
 CHAPTER 50. 
 
 OF THE CHURCH OF ENGLAND. 
 
 SlCTlON 
 
 1. IjiceDSed clergymen only to officiate. 
 
 2. LicenBes not to be refused without cause 
 
 shewn in writing. 
 
 3. Parishes established ; mode of allotting, di- 
 
 viding, and establishing future parishes. 
 
 4. Of the election of churchwardens and vestry, 
 
 and then: powers. 
 
 5. To be bodies corporate for purposes speci- 
 
 fied. 
 
 Section 
 
 6. Of parishioners ; their power of granting 
 
 money; mode of assessment and collection. 
 
 7. Power of churchwardens and vestry over 
 
 assessments. 
 
 8. Meetings for business when and how called. 
 
 9. Churchwardens, &c. refusing to act, others 
 
 to be appointed. 
 10. Glebe lands how sold or leased. 
 
 Licenses not to be 
 refused without 
 cause shewn in 
 writing. 
 Parishes esta- 
 
 futui'e parishes. 
 
 Licensed clergy- 1. No minister of the church of England shall officiate as a 
 
 men only to offici- (.]gj.gyjjjg^Q £,£ ^Ij^^ chuTch but such as shall be duly hcensed by the 
 
 bishop, and shall conform to the orders and constitution of the 
 
 church of England, whereupon he shall be inducted into any parish 
 
 which may make presentation of him. 
 
 2. No hcense shall be refused without the causes therefor be- 
 ing signified in writing and dehvered to the appUcant. 
 
 3. The parishes already estabhshed shall remain as heretofore, 
 allotting d?vid1n°g ^^^ when any church shall be erected for divine service according 
 and estabushing to the rftos of the church of England, the bishop of the diocese may 
 
 allot a district which shall be the parish of such church, and may 
 divide and subdivide any parish now established or hereafter to be 
 allotted ; but no parish shall be divided or subdivided by the bishop 
 unless on the apphcation of a majority of the parishioners of the 
 parish proposed to be divided or subdivided, or by a majority of 
 parishioners expressed at any pubhc meeting of the parish called 
 for the consideration of such a measure. 
 Of the election of 4. The churchwardens and parishioners of every parish shall 
 and^vest'iT,^''and meet annually on Monday next after Easter-day, notice of the 
 their powers. j^q^j. ^-^^ placc of meeting having been first given by the rector or 
 officiating minister, at which meeting the parishioners shall choose 
 two churchwardens and twelve vestry men, to whom the clergyman 
 officiating as rector in the parish shall be added ; and such church- 
 wardens and vestry in all matters connected with the church, and 
 persons usually attending its services an.d ordinances within their 
 respective parishes shall have the like powers as they have hereto- 
 fore exercised in this province. 
 
TITLE XIV.] Chap. 50. Sect. 5—10. 149 
 
 5. Churchwardens and vestries are hereby constituted ■within to be bodies cor- 
 their respective parishes bodies corporate, with power to sue and se°3 spedfled™"" 
 be sued, to receive grants of real and personal estate for the use of 
 
 the church and all parish purposes, to improve the same and re- 
 ceive the rents thereof for the like use, and, with the approval of 
 the bishop, to sell and convey such real and personal property, and 
 to have a common seal, and to make bye-laws and regulations con- 
 sistent with the laws of the province for the management of the 
 temporaUties of their church and the due and orderly conducting 
 of their affairs. 
 
 6. The parishioners shall consist of pew holders and others ac- of parishioners ■, 
 customed to attend upon the services of the church ; and such graatinTmoney j 
 parishioners who have previously paid up their pew rents and ment anrSc- 
 assessments, or the accustomed contributions to the church, may, "™- 
 
 if they think fit at their annual meeting by a majority of those 
 present, grant money for the support of their ministers, and all 
 other expenses which shall be required for the payment of such 
 officers as may be found necessary, and for repairs and other ser- 
 vices, which shall be assessed by the churchwardens and vestry in 
 just proportions upon such parishioners being persons usually at- 
 tending the services and ordinances of the church according to 
 their respective abihties, and shall be collected in the name of the 
 clerk of the vestry for the use of the parish as an ordinary debt ; 
 but no act of the churchwardens and vestry shall be valid unless 
 it be agreed upon by seven of their members, nor shall the assess- 
 ment be vaUd unless it be subscribed by that number at least ; and 
 the parishioners at their annual meeting shall appoint three of 
 their number, by whom the churchwardens and vestry shall be 
 assessed. 
 
 7. The churchwardens and vestry shall have power to abate Power of church 
 any individual assessment if it should appear unequal, and to com- uy 
 promise the same for prompt payment or otherwise as it may be 
 for the interest of the church, without affecting the general rate. 
 
 8. The churchwardens and vestry may meet for the transaction Meetings tor busi- 
 of business as often as occasion may require; and the churchwar- howcauel!' ""^ 
 dens, vestry and parishioners may assemble for all business con- 
 nected with the parish except the choice of officers or maldng 
 assessments as often as it may be considered necessary, either upon 
 
 the application of the rector, the churchwardens or the parishion- 
 ers, provided that ten at least of the latter sign a requisition to 
 that effect, notice of such meeting and of the business to be tran- 
 sacted thereat having been given by the minister of the parish du- 
 ring divine service in the church on some Sunday at least three 
 days previously. 
 
 9. In case of refusal to act by persons nominated as church- churchwardens, 
 wardens and vestry, the parishioners shall proceed to nominate MVothers^to°b6 
 others in their place until a sufficient number shall accept office. appointed. 
 
 10. No conveyance by lease or otherwise of any parsonage or oiebe lands how 
 glebe held by a minister of the church of. England shaU be vaUd ''"""'"''O- 
 
 wardens and ves 
 over assesa- 
 ments. 
 
150 
 
 Chap. 51, Sect. 1—2. 
 
 [part I. 
 
 for a longer period than his own incumbency unless with the con- 
 currence of the churchwardens and vestry expressed in writing 
 under their common seal, and in no case for a longer period than 
 twenty-one years ; but with the concurrence of the bishop, the 
 rector and the churchwardens and vestry, absolute sale may be 
 made of any glebe lands or other real estate belonging to the parish 
 if the same be thought for the interests of the church. 
 
 CHAPTER 51. 
 
 OF KELIGIOUS CONGKEGATIONS AND SOCIETIES. 
 
 Seotios 
 
 1. Congregations formed by deed ; trustees 
 
 named ; other particulars provided. 
 
 2. Deed to be registered j property how ves- 
 
 ted. 
 
 3. Trustees to sue and be sued. 
 
 4. Amount of real and personal estate to be 
 
 held. 
 
 5. Meetings how held ; bye-laws may be made 
 
 thereat ; proceedings to be recorded. 
 
 6. Membership how regulated. 
 
 7. Real estate held before deed executed ; how 
 
 conveyed to new trustees. 
 
 Section 
 
 8. Provisions for enabling congregations incor- 
 
 porated by special acts to avail themselves 
 of this chapter. 
 
 9. Real estate how sold or disposed ot 
 
 10. Clergymen or ministers by whom engaged. 
 U. Agreement to be entered in congregation's 
 books. 
 
 12. Funds how provided in case of deficiency to 
 
 meet engagements. 
 
 13. Ohm'ch of England excepted ; limitation of 
 
 provisions as regards church discipline. 
 
 14. Operation of chapter. 
 
 provided. 
 
 Congregations 1- When any number of persons, not less than twenty, capable 
 
 tSSs^namld | °^ Contracting, desire to form themselves into a congregation of 
 other particulars christians for the pubhc worship of God according to their peculiar 
 rites and ceremonies, they may,- by deed, executed by them in the 
 presence of two or more witnesses, which shall be recorded in a book 
 kept for that purpose, constitute themselves such congregations, and 
 adopt a suitable name therefor, and declare the place where the same 
 is estabUshed, and the particular denomination of christians with 
 whose doctrines such congregation is connected; and they may 
 name two or more persons of the congregation to be trustees thereof 
 and give them a name of office, and describe in such deed by bounds 
 the particular situation of all lands conveyed to or in trust for the 
 congregation for all purposes connected therewith : And they may 
 also set forth in such deed the constitution of the congregation, the 
 mode of admission of future members, by whom the right of voting 
 at meetings shall be enjoyed, how the votes shall be ascertained and 
 given, the manner in which vacancies in the trust shall be supphed, 
 and such other particulars as they may think proper. 
 
 2. The deed shall be duly registered in the office of the regis- 
 trar of deeds for the county or district where the congregation is 
 estabhshed ; and after its registry all the lands described therein 
 and all real and personal estate granted to the congregation, or to 
 
 Deed to be regis- 
 tered ; property 
 how vested. 
 
TITLE XIV.] Chap. 51. Sect. 3—7. 151 
 
 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 trust without any assignment or con- 
 veyance except the transfer of stock and securities in the public 
 funds ; and shall also in any suit at law or in equity, or in any 
 criminal prosecution, be deemed the property of the trustees. 
 
 3. Such trustees in all cases concerning the real and personal Trustees to sue 
 
 rt, . 1111T* i» 3^u be Bued. 
 
 estate ot the congregation, may sue and be sued, by their name ot 
 ofiBce, 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 hke monies and 
 costs as if the action had been prosecuted in their names, for the 
 benefit of, or to be reimbursed from, the funds of the congregation. 
 
 4. Every congregation established under these provisions, may Amount of real 
 hold in the name of their trustees, real estate not exceeding the tau to"'e°heid''" 
 yearly value of two thousand pounds, and personal property not 
 exceeding in the whole at any one time ten thousand pounds : And 
 
 may use and dispose of such real and personal estate as the congre- 
 gation shall deem expedient. 
 
 5. The members of every such congregation may meet when Meetings how 
 they shall think proper, and at such meetings by the votes of the may be mtde'^' 
 majority of the members present, may make and put in execution J^gf j^ '^'Vec^ 
 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 such 
 regulations may change as they may think proper ; and such ma- 
 jority 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 suffi- 
 cient evidence of such proceedings, and of the regularity of the 
 meetings. 
 
 6. Every person admitted a member of the congregation after Membership how 
 the registry of the deed shall execute the same in the presence of "^^suiatea. 
 two witnesses before he shall be deemed a member. 
 
 7. All real estate which at the formation of any congregation Real estate heia 
 under this chapter shall be held therefor by any trustees not ap- ecuted ; how^ con- 
 pointed under any act or deed of incorporation, shall, by such trus- Stee^"*'' 
 tees or their survivors, or by such of them as then remain in this 
 province, be conveyed unto the new trustees named in the deed by 
 
 their name of office, and upon the conveyance being made and re- 
 gistered all the estate and interest of the original trustees or the 
 survivors of them and their heirs, shall be vested in the new trus- 
 
152 Chap. 51. Sect. 8—13. [part i. 
 
 tees to tlie use of the congregation as effectually as if all the origi- 
 nal trustees had joined in the conveyance. 
 Provisions for en- 8. Eehgious societies or Congregations incorporated by special 
 uoMtacOTpS" act of incorporation, or by deed under the provisions of the act 
 to'avail''them^" heretofore in force for such purpose, may avail themselves of the 
 selves of this provisious of thjs chapter, provided the parties executing the deed 
 c apter. comprise two thirds at least of the members of the former corpora- 
 
 tion who at the time form a part of the congregation, and also by 
 two thirds at least of the persons actually exercising the functions 
 of trustees by their individual names as such trustees, and upon 
 the new deed being registered the former act or deed of incorpora- 
 tion shall from thenceforth cease to be in operation, and the pro- 
 perty 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 for- 
 mer act or deed of incorporation. 
 Eeai estate how 9. Bv the votc of the maioritv of the members of any congre- 
 
 Bold or disposed ^. •' . ^ t ^- r r\ jj xl. 
 
 of. gation present at any regular meetmg ot the 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 
 terms as the meeting shall direct ; and every conveyance thereof 
 executed by the trustees for the time being, and signed by the 
 chairman of the meeting which shall order such disposal, shall be 
 valid in law to convey such estate in the lands therein described. 
 Clergymen or mi- 10. Under the ordcr of any such meeting, or of a meeting of 
 engaged*^ "^^""^ the church members, when by the provisions of the deed of consti- 
 tution 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 periods and salary as shall be agreed upon. 
 Agreement to be 11. The trustees haviug agreed with any minister or clergy- 
 ^egatfonV™" T^^n, shall, without delay, cause the agreement to be entered at 
 '"'°''=- length in the books of the congregation. 
 
 Funds how pro- 12. The trustccs for the time being, by the vote of the majo- 
 defldeMy tomeet ^'^^J °^ *^® members of the congregation at any such meeting shall 
 engagements. in cascs whcre the funds at their disposal are inadequate to the 
 discharge of the claims upon them, sue for and recover from mem- 
 bers a rateable share, to he fixed according to the rules of the con- 
 gregation, of such amount or deficiency, by separate suit for their 
 respective rateable proportion of the whole amount against the re- 
 spective surviving and solvent members of the congregation, or the 
 representatives of deceased members liable to such payment. 
 Church of Eng- 13. Nothing in thJs chapter shall oxtcud to the chuTch of Eug- 
 iMtal^fon^ofplo- Ifind or to the parishes thereof, or shall affect the rights of its cler- 
 IhStodpSfe! SJ^^^j ofiicers, and parishioners, nor to interfere with the spiritual 
 government and discipline of any church further than may be pro- 
 vided for in the deed under winch the seciety or congregation is 
 constituted. 
 
TITLE XIV.] Chap. 52. Sect. 1—4. 153 
 
 14. This chapter shall come into operation immediately on the operation of chap- 
 passing thereof. 
 
 CHAPTER 52. 
 
 OF ASSESSMENTS FOR THE REPAIRS OF MEETING HOUSES. 
 
 bECTION 
 
 1. Repairs of meeting houses provided for by 
 
 assessment. 
 
 2. Where assessment not paid, pews may 
 
 let for a limited time. 
 
 3. Possession, how given j rent recoverable. 
 
 Section 
 
 4. A second assessment may be made if neces- 
 
 sary. 
 
 5. Chapels of the church of England and Wes- 
 
 leyan Methodists excepted. 
 
 1. When funds are required for repairing, finishing, or painting Repau-s of meet- 
 any meeting-house or church, the proprietors thereof, at a public '"deSby^'aT- 
 meeting whereof notice shall have been previously given during the ^^^sment. 
 time of divine service at such meeting-house or church on three 
 
 several Sundays, may by vote of three-fifths of the proprietors pre- 
 sent 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 apportionment pubHc notice shall be given by put- 
 ting 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 threof. 
 
 2. If after such notice the persons interested in any of the pews where assess- 
 shall not pay the sums assessed on such pews within three months pews' may"be'iet 
 thereafter, the committee after notice having been given on the i<"-aiimitedtime. 
 previous Sunday immediately after divine service, may proceed to 
 
 let such pews at auction for such period, not exceeding ten years, 
 as may be sufiicient to pay the sums so assessed thereon respec- 
 tively ; or they may, on giving the like notice, let such pews from 
 year to year, until the rate or assessment be fully paid, so that 
 such letting shall not extend beyond the term of ten years. 
 
 3. The persons who shall so lease the pews shall be put in Possession, how 
 possession thereof by the committee, and shall have the exclusive verawe."'" "^'^°" 
 occupation thereof during the term of their lease, and the commit- 
 tee may sue for and recover the rent. 
 
 4. If the money arising from the leasing of the pews shall not a second assess- 
 amount to the assessment thereon, the committee may make a new made if necess- 
 assessment in the same way as the original amount is hereby di- ^^'■'^■ 
 rected to be assessed. 
 
 20 
 
154 
 
 Chap. 53. Sect. 1—2. 
 
 [part I. 
 
 Chapels of the 5. Nothing in this chapter shall extend to any church or chapel 
 
 "and and w°?- belonging to or connected with the church of England, or to any 
 excepted.*"'^'''' meeting-house belonging solely to the denomination of christians 
 called Wesley an methodists. 
 
 TITLE XV- 
 
 OF THE PUBLIC HEALTH. 
 
 CHAPTER 53. 
 
 OF QUARANTINE. 
 
 SeCTIO!J 
 
 1. Quarantine orders to be made by the gover- 
 nor in council. 
 
 Section 
 2, Disobedience thereto, a misdemeanor, in 
 addition to any forfeiture prescribed. 
 
 Quarantine orders 1. The govemor in couiicil may from time to time make qua- 
 goverS-'^hi'^coun- rantine orders, applicable to vessels, goods, personSj and things 
 *^^^- being within the pro\dnce or expected hither from abroad, and may 
 
 revoke, vary, or amend the same, and may aflSx penalties, forfei- 
 tures, and punishments for the breach thereof, which orders shall 
 be notified by proclamation or be published in the royal gazette, 
 and the production of any such proclamation or publication shall 
 be evidence of the making, date, and contents of such orders. 
 Disobedience 2. Persons disobeyiug any such orders maybe prosecuted for a 
 
 meanw tn'^Iddt misdemcanor, punishable by fine or imprisonment, or both, as the 
 tion to any forfei- court mav dircct ; or otherwise such persons may be sued for the 
 
 ture prescribed. i • . • i • .i i 
 
 penalties contamed m the order. 
 
 CHAPTER 54. 
 
 OF BOARDS OF HEALTH AND INFECTIOUS DISEASE. 
 
 Section 
 
 1. Sanatory orders to be made by the gover- 
 
 nor in council. 
 
 2. Health officers and boards of health, how 
 
 appointed ; their duties. 
 
 3. Vessels liable to such orders, how entered 
 
 and cleared. 
 
 4. Healthwardens how appointed ; their pow- 
 
 ers and duties. 
 
 5. Their powers to make written orders. 
 
 6. Violation of orders a misdemeanor ; pe- 
 
 nalty. 
 T. Fine for warden's refusal to accept office, 
 
 Section 
 
 and for misconduct ; duration of appoint- 
 ment, kc. 
 
 8. Cases of plague or imminent danger, how 
 
 provided against. 
 
 9. Power of removal of persons sick of infec- 
 
 tious disease, and of vacating houses when 
 necessary. 
 
 10. General vaccinations, how ordered and pro- 
 
 vided for. 
 
 11. Returns of poor persons vaccihated ; remu- 
 
 neration. 
 
TITLE XV.] Chap. 64. Sect. 1—7. 155 
 
 1. The governor in council may from time to time make sana- sanatory ordera 
 tory orders, and the same revoke, renew, alter, or vary for the governor in cmn- 
 prevention of infectious or contagious diseases, for the rehef of per- "'■ 
 
 sons suffering thereunder, and for the interment of persons who 
 may have died thereof, and such orders may be enforced by penal- 
 ties therein expressed, not to exceed one hundred pounds for any 
 one offence, and shall be notified by proclamation or be published 
 in the royal gazette, and the production of any such proclamation 
 or pubhcation shall be evidence of the making, date, and contents 
 of such order. 
 
 2. The governor in council may appoint persons at the several Health officers 
 ports of this province to act as health officers therefor, may esta- health how ap- 
 blish in any place a board of health for carrying such sanatory aS.'^ ' "'^''" 
 orders into effect, and may prescribe the duties of such health 
 
 officer and boards of health, and in case of vacancies may supply 
 the same by new appointments. 
 
 3. No vessel subject by such sanatory orders to be examined vessels iiabie to 
 shall be admitted to entry inwards at any custom house or office of entere°dandciear^ 
 entry until a certificate of such examination, signed by the health ''^' 
 
 officer, shall he exhibited, nor shall such vessel be admitted to en- 
 try or clearance until the master, owner, or consignee shall have 
 first paid to the officer appointed in that behalf all fees and charges 
 authorised by such sanatory orders, to be duly accounted for and 
 paid over as therein directed. 
 
 4. The city council for the city of Hahfax, and the courts of neaithwardens 
 general or special sessions in other places, may from time to time their powers and 
 appoint health wardens for the several townshaps or districts who '^''"^'" 
 
 may in the day time enter and examine all houses, buildings, and 
 places, and all vessels and boats, and report their condition as re- 
 quired by any sanatory order in that behalf, they shall give direc- 
 tions to health inspectors for cleansing any house, building, place, 
 vessel or boat, and generally for the preservation of public health, 
 the maintenance of cleanUness, and the prevention of contagion 
 and infection. 
 
 5. The wardens, or any two of them, may by order in writina; their powers to 
 
 1 1 M T 1 1 T i X 1 1 -J. make written or- 
 
 cause any house, buildmg, place, vessel or boat, to be white- ders. 
 washed, fumigated, or otherwise purified, and may cause any thing 
 dangerous to the public health to be removed therefrom or de- 
 stroyed. 
 
 6. Every violation of this chapter, or disobedience of any sana- violation of or- 
 tory order duly made thereunder, shall be deemed a misdemeanor, nor ; penalty. 
 and every person guilty thereof shall incur a penalty not exceed- 
 ing one hundred pounds. 
 
 7. If any health warden, upon being notified of his appoint- ^^Z'^t^^'^^^^l 
 ment, shall refuse to accept the office, or when accepted, shall re- "ffi^e, and tor 
 
 n T 1 1 1 • 1 /. 1 -il raisconduct ; du- 
 
 fuse to discharge the duties thereoi, or to comply witn any sana- ration of appoint- 
 
 tory orders to him communicated, he shall forfeit five pounds, and "*"'' *'°' 
 another shall immediately be appointed in his place ; but no ap- 
 pointment of health warden shall continue for more than one year, 
 
156 Chap. 54. Sect. 8—11. [part i. 
 
 nor shall any party be bound to serve oftener than once in four 
 
 years. 
 Cases of plague g. If any infectious plague, disease, or distemper shall have 
 ger"h™provided been introduced, or there shall be imminent danger of its introduc- 
 against. ^j^j^ -jj^Q ^j^y pjjj,^ ^j. pig^gg^ tjjg board of health, or if there be no 
 
 board of health, the general sessions, if then sitting, and if not, 
 a special sessions of the peace may assemble and make sanatory 
 orders, as occasion may require, with penalties as in the first sec- 
 tion above mentioned, and may appoint persons to enforce the 
 same ; and thereupon, copies of such orders shall be forthwith 
 transmitted to the provincial secretary's office, and the same, until 
 altered or amended by the governor in council, shall continue in 
 force. 
 Power of removal 9 j^y board of health or health wardens, or where none exist 
 
 of persons sick of '' . , . t , -, « 
 
 infectious disease, any general or special sessions, may order to be removed Irom any 
 houses when'ne? dwelling house or place, or from any vessel or boat approaching 
 cessary. jjgg^j. |.q qj, ^jthin any place or port, any person sick with any con- 
 
 tagious or infectious disease, to any hospital, house, or place proper 
 for that purpose ; it being first certified in writing by two or more 
 physicians of the port or place, or if there be but one there resi- 
 dent, then by him, that such removal is necessary for the pubhc 
 health ; — and if any person be sick with infectious or contagious 
 disease in any house or place, and such person cannot in the opi- 
 nion of such physicians be removed, then the board or health 
 wardens, or justices in session, as the case may be, may cause such 
 house or place, or any contiguous house or place, to be vacated by 
 other occupants for such time as the safety of the inhabitants shall 
 require. 
 General vaccina- 10. The general or any special sessions, consisting of not less 
 and provdded'^for! than scvcu magistrates, on requisition 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 pro- 
 viding for the expense of the vaccination of such poor and indigent 
 persons as are unable to pay therefor. 
 Returns of poor 11. All persous who shall vaccinate the poor and indigent, as 
 tedT°remunera- abovc, shall rotum to the grand jury and sessions, along with the 
 ''°°- particulars of their accounts duly attested to, the names and ages 
 
 of the persons vaccinated, and the date of their vaccination, and 
 such accounts when examined and allowed shall be assessed for and 
 paid as other county charges are. 
 
TiXLE XV.] Chap. 55. Sect. 1—2. Chap. 56. Sect. 1. 
 
 157 
 
 CHAPTER 55. 
 
 OF RABID ANIMALS. 
 
 Section' 
 1. Sessions to make orders for preventing dan- 
 ger from rabid animaJs. 
 
 Section 
 2. Kabid animals at large may be killed ; if 
 suspected, may be confined. 
 
 rabid animals. 
 
 1. The justices in general or special sessions may from time to sessions to make 
 time make orders for the protection of persons from the bite of tta|'^danger*fron 
 dogs or other rabid or diseased animals, 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 by 
 the symptoms usually attendant on canine madness, or otherwise 
 diseased, and affix penalties for the breach thereof, not to exceed 
 ten pounds for any one offence. 
 
 2. Any person may kill or destroy any dog or other rabid ani- 
 mal found at large, and may secure and place in confinement all 
 dogs or other animals at large and appearing to be rabid, or exhi- 
 biting symptoms of canine madness. 
 
 Rabid animals at 
 large may be kil- 
 led ; if suspected, 
 may be confined. 
 
 CHAPTER 56. 
 
 OF NUISANCES. 
 
 Section 
 1. Health inspectors how appointed ; duration 
 
 of office ; limits of jurisdiction. 
 2- Court how constituted. 
 
 3. Powers of inspectors. 
 
 4. Duties of inspectors. 
 
 .'». Their compensation, and how provided. 
 
 6. Dwelling houses and their conveniences ; 
 
 penalty for not providing. 
 
 7. Privies and vaults, how to be constructed. 
 
 8. Privies and vaults how cleansed when oflFen- 
 
 sive. 
 
 9. Privies and vaults how and when Lo be 
 
 emptied. 
 10. Waste water to be disposed of as inspector 
 shall appoint. 
 
 Section 
 
 11. Dwelling houses how vacated when public 
 
 health endangered. 
 
 12. Cellars or vacant lots how cleansed. 
 
 13. Offensive matter ; penalty for allowing ; 
 
 how to be removed. 
 
 14. Justice may make orders for removing or 
 
 destroying offensive substances. 
 
 15. Penalty for sale of unwholesome food- 
 
 16. TTncleaned fish and offal how prohibited. 
 
 17. Limits for slaughtering animals to be regu- 
 
 lated by sessions. 
 
 18. Penalties how recovered. 
 
 19. Forfeitures for violation of orders. 
 
 20. Limitation of actions ; prosecutions remo- 
 
 ved to supreme court, how conducted. 
 
 1. The general or any special sessions may by order appoint Health inspectors 
 health inspectors and define the limits of their respective jurisdic- dS7aSo?office; 
 tions, and may fix the time, not to exceed one year, for which such [i™^^^ ^^ jurisdic- 
 appointment shall be in force ; within the limits of the jurisdiction 
 
158 
 
 Chap. 56. Sect. 2—8. 
 
 [PAKT I. 
 
 Court, how consti- 
 tQted. 
 
 Powers of inspec- 
 tors. 
 
 Duties of inspec- 
 tors. 
 
 Their compensa- 
 tion, and how pro- 
 vided. 
 
 Dwelling houses, 
 and their conve- 
 niences i penalty 
 for not providing. 
 
 Privies and vaults 
 how to be con- 
 structed. 
 
 Privies and vaults 
 how cleansed 
 when offensive. 
 
 of commissioners of streets, the commissioners shall exercise such 
 powers instead of the sessions ; all such inspectors shall be sworn 
 into office. 
 
 2. Every board of health, and in places where none exist, three 
 or more health wardens, and where neither exist, a general or spe- 
 cial sessions shall constitute a court under this chapter, and all 
 orders by the court shall be forthwith executed, notwithstanding 
 any appeal therefrom. 
 
 3. Health inspectors for the purposes of this chapter shall have 
 charge of all streets, highways, passages, vessels, wharves, docks, 
 wells, markets and market places, common sewers, drains, vaults, 
 privies, and other places, and shall cause all nuisances and filth to 
 be removed therefrom or destroyed, and may open and enter all 
 places where noxious substances, dangerous to the public health, 
 may be reasonably suspected to exist, subject, nevertheless, to the 
 control of the commissioners of streets, if any there be, in all 
 things relating to pubhc streets, sewers, and drains within their 
 jurisdiction, and to the control of the special court in all other 
 matters. 
 
 4. Health inspectors shall execute and enforce all sanatory 
 orders to them directed under this chapter, or the several chapters 
 relating to infectious diseases and rabid animals. 
 
 5. Every health inspector shall be entitled to such adequate 
 compensation for his services, and for charges incurred about his 
 duties, as the justices in session or special court shall allow, and 
 after deducting any sum collected and received under this chapter 
 the balance, if any due him, together with all other necessary 
 charges and expenses incurred under this chapter shall be added 
 to the apportioned assessment upon such district or place, and as- 
 sessed and levied thereon exclusively, and collected as the county 
 rates now are. 
 
 6. Every dwelling house within the city of Hahfax, or else- 
 where within the limits of a health inspector, shall be furnished 
 with a suitable underground drain for carrying oiF waste water, 
 also mth a suitable privy and underground vault attached thereto, 
 and the owner of such dwelling house who shall neglect to provide 
 the same shall forfeit a sum not exceeding five pounds. 
 
 7. All privies and vaults shall be built so that the inside shall 
 be at least two feet from the line of the adjoining lot. unless by 
 consent of the owner thereof in writing, and shall be at least two 
 feet distant from every street, lane, court, square, public place, or 
 public or private passage way. There shall be no communication 
 between a privy and any public sewer or drain. Every vault shall 
 be tight, and the contents shall not be allowed to be within two 
 feet of the surface of the ground. But the special court may give 
 other directions relative to their construction. 
 
 8. When any privy or vault shall be reported ofiensive by the 
 health inspector, the same, within a reasonable time after notice in 
 writing to that effect given to the owner or his agent, or the occu- 
 
TITLE XV.] Chap. 56. Sect. 9—14. 159 
 
 pant of the land -vvliere situate, may be ordered by the special court 
 or health warden to be cleansed and disinfected at the expense of 
 the owner, agent, or occupant ; and in case of neglect the same 
 shall be done under the orders of the health inspector, who shall 
 recover double the expense from the owner, agent, or occupant, as 
 a private debt. 
 
 9. No vault or privy shall be emptied without a permit from Privies and vaults 
 the health inspector, where such is appointed, and in no case be- be'emptiel ^° 
 tween the fifteenth day of June and the fifteenth day of September, 
 
 unless by order of the special court, and then only in cases where 
 it is absolutely necessary. 
 
 10. All waste water shall be conveyed through drains under waste water to be 
 
 T, , i"^ -Jill,!- disposed of as in- 
 
 ground to a common sewer, or to such reservoir as the health m- spector siiaii ap- 
 spector shall appoint. p""'' 
 
 11. When it shall appear to the special court that any tene- pweiiing houses 
 ment used as a dwelUng house is so unfit for that purpose that the pubuc heaitii en- 
 public health is endangered thereby, the court may make an order '^^s"'^''- 
 
 in writing for its being vacated within a reasonable time therein to 
 be prescribed ; which order shall be served upon the inmates, or 
 left at such dweUing 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 comphance with the terms of such 
 order. 
 
 12. Whenever it shall appear to the special court that any ceiiars or vacant 
 cellars, lots or vacant grounds are in a state likely to endanger the '""^ ""^ cleansed. 
 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 owner or occupant as a private 
 debt. 
 
 13. No person unless specially hcensed in that behalf shall put offensive matter ; 
 in any place on land or water any offensive matter or thing likely Fng^how'to here- 
 to endanger the public health, under a penalty not exceeding five ™^"=''- 
 pounds 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 remove the same, the health inspector may re- 
 move 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 an Justice may maite 
 order in writing for the removal, burial, or destruction of any ytary°destr™- 
 offensive substance being or likely to become a nuisance in any g°|jj°g™''^* '"''" 
 place or in any boat or vessel, and may direct the same to be done 
 
160 
 
 Chap. 57. Sect. 1. 
 
 [part I. 
 
 Penalty for sale 
 of unwholesome 
 food. 
 
 Uncleaned fish 
 and offal how 
 prohibited. 
 
 Limits for slaugh- 
 tering animals to 
 be regulated by 
 sessions. 
 
 Penalties how re- 
 covered. 
 
 Forfeitures for 
 violation of 
 orders. 
 
 Limitation of ac- 
 tions ; prosecu- 
 tions removed to 
 supreme court, 
 how conducted. 
 
 by the party occasioning the offence, or by any other party whom 
 the justice shall appoint, and the expense shall be recovered as in 
 the order prescribed. 
 
 15. No person shall sell, or offer for sale, or have in his pos- 
 session in a pubhc 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 ten pounds, and the article may be 
 forthwith seized and destroyed by the health inspector. 
 
 16. The board of health or general sessions may make orders 
 for prohibiting the introduction into any city or town and for pre- 
 venting the sale and the offering for sale of any kinds of uncleansed 
 fish, and for preventing persons from throwing offal into any place 
 hkely to be offensive or dangerous to the public health. 
 
 17. Justices in general or special sessions may from time to 
 time make orders fi:xing the extent and limits within which the 
 slaughtering and dressing of animals for food shall be prohibited 
 or conducted, under penalties not to exceed ten pounds for any one 
 offence. 
 
 18. All 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 peace. 
 In either case such inspector or clerk shall be a competent witness. 
 The proceeds of every prosecution, after first deducting all reasona- 
 ble charges, shall be paid into the city or county funds. 
 
 19. Any person who shall violate any of the orders made under 
 this chapter, or shall obstruct any officer acting in discharge of his 
 duty, shall forfeit a sum not exceeding ten pounds. 
 
 20. No action shall be commenced against any person for any 
 thing done or omitted under this chapter, unless brought within 
 six months from the date of the offence charged, and whenever any 
 conviction shall have been removed into the supreme court at Hali- 
 fax, or an appeal thereto granted, it shall be the duty of the law 
 officers of the crown to conduct the prosecution or defence, as the 
 case may be, on behalf of the public. 
 
 CHAPTER 57. 
 
 OF REGULATIONS CONCERNING THE PRACTICE OF PHYSIC AND 
 SURGERY. 
 
 Section 1. Pees of surgeons and physicians, in what case recoverable. 
 
 Fees of surgeons 
 and physicians in 
 what case reco- 
 verable. 
 
 1. No person shall recover any fee or reward for curing or 
 attempting to cure any disease, or for performing any surgical ope- 
 ration who shall not previously have obtained the degree of doctor 
 
TITLE XVI.] 
 
 Chap. 58. Sect. 1—4. 
 
 161 
 
 of medicine or a certificate of his competency to practice as a surgeon 
 from some college or other public institution, legally authorised to 
 grant such degree or certificate, or who shall not have received a 
 license under the hand and seal of the governor after having been 
 examined and reported duly quahfied by competent persons ap- 
 pointed by the governor for that purpose; which license shall 
 specify that the person so licensed is qualified to practice physic or 
 surgery or both ; but nothing in this chapter shall extend to phy- 
 sicians or surgeons in the naval or military services of her majesty 
 or to persons who shall have been regularly settled, and in the 
 practice of physic and surgery in this province for seven years next 
 preceding the performance of the services in respect of which the 
 action shall be brought. 
 
 TITLE XVI. 
 
 CHAPTER 58. 
 
 OF INDIANS. 
 
 Section 
 
 1. Commissioners for indlan affairs how ap- 
 
 pointed ; districts to be allotted ; secu- 
 rity required. 
 
 2. Instructions to issue. 
 
 3. Duties of commissioners. 
 
 4. Compromises with persons who may have 
 
 improved Indian lands. 
 
 Section 
 
 5. Encroachments how prosecuted, 
 
 6. Special instructions to commissioners. 
 
 7. Education of indian children. 
 
 8. Provisions for securing a permanent fund. 
 
 9. Reports of commissioners 5 their contents, 
 
 &c. 
 
 1. The governor in council may appoint commissioners for commissioners 
 indian aifairs, and allot to them their respective districts, who shall hoVSppolm^^r 
 
 disricts to be alot- 
 ted ; security re- 
 quired. 
 Instructions to 
 
 give security for the faithful performance of their duties 
 
 2. The governor in council may from time to time issue instruc- 
 tions to the commissioners for their guidance. 
 
 3. The commissioners shall take the supervision and manage- 
 ment of all lands that are now or may hereafter be set apart as 
 indian reservations or for the use of Indians, they shall ascertain 
 and define their boundaries and report to the governor all cases of 
 intrusion, or of the transfer or sale of such lands, or of the use or 
 possession thereof by the Indians, and generally shall protect such 
 lands from encroachment and alienation, and shall preserve them 
 for the use of the Indians. 
 
 4. Where valuable buildings or improvements have been or may 
 be erected or made on such lands, the governor in council may 
 
 Duties of commis- 
 sioners. 
 
 Compromises 
 vath persons who 
 may have impro- 
 ved Indian lands. 
 
162 
 
 Chap. 58. Sect. 5—9. 
 
 [part I. 
 
 Encroachments 
 how prosecuted. 
 
 Special instruc- 
 tions to commis- 
 sioners. 
 
 Education of in- 
 dian cluldren. 
 
 Provisions for se- 
 curing a perma^ 
 nent fund. 
 
 Eeports of com- 
 missioners ; theur 
 contents, &c. 
 
 make agreement witt the persons who have made the same or those 
 claiming under them by compromise and grants of other lands for 
 the value of lands so improved, or otherwise as may be reasonable 
 and just. 
 
 5. In all cases of encroachment upon any such lands, it shall 
 be lawful to proceed by information in the name of her majesty in 
 the supreme court, notwithstanding the legal title may not be vested 
 in the crown. 
 
 6. The commissioners shall communicate with the chiefs of the 
 different tribes of the mic-mac race, and explain the wishes of the 
 governor, and invite their co-operation in the permanent settlement 
 and instruction of their people, and they shall parcel out a portion 
 of the reservations to each family, with such limited power of 
 alienation as may be authorised by the governor, and also shall aid 
 them in the purchase of implements and stock with such assistance 
 as they may deserve, in the erection of a dwelling for the chief, a 
 school house and place of worship, and generally shall take such 
 other measures as may seem necessary to carry out the objects of 
 this chapter. 
 
 7. The commissioners may make arrangements with the trus- 
 tees or teachers of any schools or academies for the board and 
 tuition of Indian children desirous of education, the expense to be 
 paid out of the funds at their disposal. 
 
 8. The commissioners may raise subscriptions and apply for 
 charitable contributions to secure a permanent fund for the pur- 
 poses of this chapter. The governor in council shall apportion such 
 sums of money as may be granted by the legislature among the 
 several commissioners. 
 
 9. The commissioners shall at the close of every year furnish 
 the governor, for the information of the legislature, with reports of 
 their proceedings and an account of their receipts and expenditure, 
 with the names of the chiefs for the time being, the numbers of 
 heads of families settled and children educated ; and generally such 
 other information as may enable the governor and legislature to 
 judge of the value and correctness of their proceedings. 
 
TITLE XVII.] 
 
 Chap. 59. Sect. 1—3. 
 
 163 
 
 TITLE XVII. 
 
 CHAPTER 59. 
 
 OF IMMIGRANTS. 
 
 Seotiok 
 
 1. Declaration of masters of vessels required 
 
 before entry ; its contents ; penalty for 
 oifence. 
 
 2. Penalty for landing passengers before decla- 
 
 ration. 
 
 3. Head money, and who liable therefor. 
 
 4. How collected. 
 
 5. Mode of computing passengers. 
 
 6. Persons exempted from the operation of 
 
 this chapter. 
 
 Sectiok 
 
 7. Governor in council may dispense with pay- 
 
 ment of quarantine monies. 
 
 8. Monies received, where and when paid, and 
 
 how applied. 
 
 9. Provisions in case of passengers landed in, 
 
 but not cleared for the province, having 
 received aid. 
 
 10. Provisions in case of wrecked passengers. 
 
 11. Subsequent irregularities not to affect dis- 
 
 tress. 
 
 12. Definition of terms. 
 
 1. The master of any vessel arriying in this province, shall Declaration of 
 immediately and before being admitted to an entry, and before any "^u^ed°bIfore^'^ 
 passengers shall be landed, either subscribe a declaration before the ™toy ; its con- 
 collector of colonial duties, that no passengers came in the vessel for oirence. 
 
 on that voyage, or deliver to the collector a list in ■writing, signed 
 by him, setting forth the name, age, trade, profession or employ- 
 ment of every passenger who may have sailed on board the vessel 
 on that voyage ; and every master violating the foregoing provision 
 or fraudulently subscribing any such declaration, or delivering any 
 such hst which shall be false in any particular, shall forfeit fifty 
 pounds. 
 
 2. Every master of a vessel arriving in this province, who, not penalty tor land- 
 being thereto compelled by absolute necessity, to be adjudged of by Se^de™lra- 
 the collector, shall knowingly suffer any passenger to land before "™, 
 making the declaration or delivering the list hereinbefore required, 
 
 shall forfeit ten pounds for every passenger so landed. 
 
 3. The master of every vessel arriving in this province with Head money, and 
 passengers or from which any passenger shall have been landed in J^° "'"'''' **''*^' 
 the province, shall at the time of reporting the vessel pay to the 
 
 collector the following sums for every such passenger, viz. : If be- 
 tween the thirty first of March and the first of October, ten shillings, 
 and between the thirtieth of September and the first of April, twenty 
 shillings. And if the vessel shall have been placed in quarantine, 
 on any other account than merely for the purpose of cleaning or 
 observation, the further sum of five shilhngs for every passenger 
 then on board, and if detained in quarantine more than ten days, a 
 farther sum of five shilhngs for every such passenger, and the 
 owner and charterer shall also be answerable for all such payments. 
 
164 Chap. 59. Sect. 4 — 11. [part i. 
 
 How collected. 4. Upon non-payment of any of the sums mentioned in the 
 
 preceding section, the collector shall sue for the same before two 
 justices of the peace in a summary way, and on conviction the same 
 shall be levied by warrant of distress under the hands and seals of 
 the justices and by sale thereunder of such vessel, her tackle, ap- 
 parel or furniture, and the overplus, after deducting costs, shall be 
 paid to the owner, or in his absence to the master, and no vessel 
 shall be cleared out or proceed to sea until all sums payable on ac- 
 count of such passengers shall have been liquidated. 
 Mode of compu- 5. For the purposes of this chapter, two children, each being 
 ting passengers, ^^^gj. fourteen ycars of age, shall be computed as one passenger, 
 
 and children under the age of one year shall not be reckoned. 
 Persons exempt- 6. Tliis chapter shall not apply to passengers who shall have 
 tion TttodTap- ^^^'^ ^°^^ °^ domiciled in the province, nor to any inhabitant of 
 '='^- the United States or of the British North American colonies who 
 
 may come to this prorace for a temporary purpose, and shall sa- 
 tisfy the collector thereof, nor shall it extend to vessels in the em- 
 ployment or service of her majesty's government. 
 GoTernorincoun- 7. The govemor in council may relieve from the payment of 
 wit™ wmenTot the quarantine monies under the third section in whole or in part 
 quarantine j^^^ q^ g^^jj ^erms as may be deemed reasonable. 
 
 monies. • /-^ '^ . . 
 
 Monies received, 8. Collectors shall at once pay into the public treasury monies 
 paidrand^ow"" received under this chapter, and the same may be drawn by war- 
 appiied. rant of the governor, and apphed for the benefit of poor immi- 
 
 grants, but an account of the application shall be submitted to the 
 legislature of the next session. 
 Provisions in case 9. If any passenger landed from a vessel which shall not have 
 dedTn "but not been cleared for this province shall have received aid either from 
 prov?nce,'°having ^he puMic treasury or the immigrant fund, or from any overseers 
 received aid. of the poor the owner and charterer and also the master of the ves- 
 sel shall be liable for the monies advanced, and the vessel shall not 
 be cleared out or be permitted to depart until the monies have been 
 repaid. 
 Provisions in case 10. If any vesscl be wrecked on the coasts of the province with 
 sengeS!'"^'* ^^' passcngers likely to become chargeable on the province ; and any 
 part of the vessel, her furniture or appurtenances be saved, and the 
 owner, charterer, or master, shall not provide for the sustenance 
 of the passengers and their transport to their place of destination, 
 the collector shall take charge of the wreck and furniture and ap- 
 purtenances thereof, and sell the same, and out of the procee(^, 
 after paying expenses and any amount due for salvage and wages 
 of the seamen, deduct the sum required for the support of the pas- 
 sengers and their expenses to the place of their destination, and 
 pay over the balance, if any, to the owner or in his absence to the 
 master. 
 Subsequent in-e- H- No distrcss uuder this chapter shall be deemed unlawful, 
 lff!!c't'di'str™s' '° '^°^ ^^^ party making the same be deemed a trespasser from the 
 beginning on account of any irregularity afterwards committed by 
 the party distraining, but the person aggrieved by such irregularity 
 
TITLE XVIII.] 
 
 Chap. 60. 
 
 165 
 
 may recover satisfaction for any special damage in an action on the 
 case. 
 
 12. The word " master," when used in this chapter, shall in- 
 clude the person having charge of any vessel, and the word "col- 
 lector " shall mean the collector of colonial duties for the port or 
 place, and shall also include any person appointed by the governor 
 in council for the purposes of this chapter, and which appointments 
 are hereby authorised. 
 
 Definition of 
 terms. 
 
 TITLE XVIII. 
 
 CHAPTER 60. 
 
 OF PUBLIC INSTRUCTION. 
 
 Section 
 
 1. Superintendant and commissioners of 
 
 schools, and trustees of academies, how 
 appointed. 
 
 2. School districts established. 
 
 3. School districts and subdivisions, how laid 
 
 off. 
 
 4. Trustees to be elected. 
 
 5. Clerk to be appointed ; his qualifications 
 
 and bonds j his duty and fees. 
 
 6. Schools entitled to be entered for participa- 
 
 tion in public allowance. 
 
 7. Of the examination of teachers, and the 
 
 granting of licenses. 
 
 8. Trustees' accounts how rendered to obtain 
 
 allowance. 
 
 9. Penalty for false returns. 
 
 10. Assessments for schools where a majority 
 
 agree. 
 
 11. Amount of public allowance for academies 
 
 and grammar schools. 
 
 12. Allowance for grammar schools, how divi- 
 
 ded. 
 
 13. Common school allowance how drawn and 
 
 apportioned. 
 
 14. Free scholars to be taught in Schools and 
 
 academies. 
 
 15. Commissioners to return annually to the 
 
 governor their accounts. 
 
 16. Conditions upon which allowance is pay- 
 
 able. 
 
 17. Grammar schools required to teach the 
 
 higher branches. 
 
 Section" 
 
 IS. Amount of salary, and number of scholars 
 to qualify a grammar school for allowance. 
 
 19. French, German, and Geelic schools entitled 
 
 to aid. 
 
 20. Academies required to teach certain bran- 
 
 ches. 
 
 21. Academy bye-laws how made. 
 
 22. Returns by trustees of academies required. 
 
 23. Examinations of academies and grammar 
 
 schools. 
 
 24. Conditions for receiving academy allowance. 
 26. Trustees of academy incorporated. 
 
 26. Superintendant's duty. 
 
 27. Meetings to be held by him -, instructions 
 
 for proceedings. 
 
 28. Lists of teachers ; distinctions of merit. 
 
 29. Instructions for, and general duty of, silper- 
 
 intendant. 
 
 30. Academies to be visited by superintendant. 
 
 31. Amount granted to purchase school books. 
 
 32. Amount for school libraries granted ; its 
 
 appropriation, &c. 
 
 33. Salary of superintendant, and contingencies. 
 
 34. Real estate may be held by commissioners 
 
 for the benefit of schools. 
 
 35. Clergy and magistrates appointed visiters. 
 
 36. Commissioner not to be a teacher or clerk. 
 
 37. Superintendant and teachers exempted from 
 
 certain public duties. 
 
 38. Limitation of chapter. 
 Schedules. 
 
166 
 
 Chap. 60. Sect. 1—8. 
 
 [part I. 
 
 Superintendant 
 and commission- 
 ers of schools, and 
 trustees of acade- 
 mies, how ap- 
 pointed. 
 
 School districts 
 established. 
 
 School districts 
 and subdivisions 
 how laid off. 
 
 Trustees to be 
 elected. 
 
 Clerk to be ap- 
 pointed ; his qua- 
 lifications and 
 bonds ; his duty 
 and fees. 
 
 Schools entitled to 
 be entered for 
 participation in 
 public allowance. 
 
 Of the examina- 
 tion of teachers 
 and the granting 
 of licenses. 
 
 Trustees* ac- 
 counts how ren- 
 dered to obtain 
 allowance. 
 
 1. The governor in council shall appoint a provincial superin- 
 tendant of education, and for each of the places named in schedule 
 A, five or more commissioners of schools ; adli for every academy 
 now or hereafter to be established, three or more trustees. 
 
 2. School districts shall remain as now established, until al- 
 tered. 
 
 3. The commissioners, except those for the city of Halifax, 
 may form new school districts, and subdivide or alter the limits 
 thereof, and of those now established ; but no subdivision or altera- 
 tion shall be made until after public notices of the intended subdi- 
 vision or alteration, to be posted up for ten days at least within 
 the district, and after considering such objections as may be raised 
 by persons interested therein. 
 
 4. Three school trustees shall be elected for each district by 
 the rateable inhabitants thereof, at pubhc meetings to be called by 
 the commissioners for that purpose, by public notices to be posted 
 up for ten days at least within the district. 
 
 5. The commissioners shall appoint a clerk, who shall not be 
 engaged in trade, and who shall give bond to her majesty with two 
 sureties for the performance of his duties, and he shall keep the 
 accounts, monies, and records of the board of commissioners. He 
 shall receive for each license to teachers two shillings and six 
 pence, and five per cent, on the actual disbursements, not to ex- 
 ceed in the whole twenty-five pounds in any one year. 
 
 6. When the inhabitants of any district shall have provided 
 one or more sufficient school houses, and the trustees shall have 
 engaged by written contract one or more competent teachers for 
 the district, male or female, at a specific remuneration, to give in- 
 struction in reading, writing, and arithmetic, the elements of Eng- 
 hsh grammar and geography, for a period not less than three 
 months, the commissioners, upon application of the trustees, shall 
 enter the school on a list, to be kept by them, for participation in 
 the sums allowed for the support of common schools. 
 
 7- The commissioners shall examine all school teachers, and 
 grant to such as they consider qualified and of good character, h- 
 censes to teach within the respective districts, and no teacher shall 
 without such license receive any part of the money hereby granted. 
 
 8. The trustees of every school seeking aid hereunder shall 
 render half yearly to the commissioners an account of the number, 
 names, sexes, and ages of the scholars, and the average number 
 who have attended since the last return ; the branches in which 
 they have been instructed, the books they have used, their pro- 
 gress in education, the amount and particulars of the income and 
 expenditure of the school, the amount of the salary of the teacher, 
 and how paid ; and shall certify that the sum to be received from 
 the commissioners by the trustees is payable to the teacher for liis 
 own use, and that the engagements of the persons applying for 
 such school have been performed, and shall furnish to the commis- 
 sioners a certificate from the teachers respectively, under oath, that 
 
TITLE XVIII.] Chap. 60. Sect. 9—13. 167 
 
 no part of their salary has been collusively "withheld, and that the 
 representations and engagements have been made in good faith, 
 and not merely to procure a portion of the allowance under this 
 chapter. 
 
 9. If a trustee or teacher of any school or academy wilfully Penalty for false 
 render an incorrect account or statement in any return, report, ''°""'°^- 
 certificate or affidavit, required under this chapter for the purpose 
 
 of obtaining provincial aid for any school, or for any teacher or 
 trustee, he shall be liable to a penalty of five pounds, to be reco- 
 vered by the clerk as a private debt, one half to his own use and 
 the other to be paid to the commissioners and added to the school 
 fund. 
 
 10. The trustees of any school district may call a public meet- Assessments tor 
 ing of the rateable inhabitants, after written notice by the trustees majorfty^agree. * 
 for at least twenty days in five of the most public places there, and 
 
 if a majority present agree to raise money for the support of one 
 or more schools by assessment, or for the purchase of land whereon 
 to erect school houses, or for the building or repairing them, they 
 shall then appoint three assessors, who shall forthwith assess the 
 amount voted by an even rate upon the inhabitants of such dis- 
 trict by an equal pound rate on the real and personal property in 
 their respective occupation or possession within the county, whe- 
 ther the same be or be not in such district, regard being had to 
 the value of the rents of the real estate and the capability of the 
 personal estate to produce profit, and shall return such assessment 
 to the general sessions, or to any special sessions held for that pur- 
 pose, where appeals shall be heard and determined, and all such 
 rates shall be collected and such other proceedings had, in relation 
 thereto as prescribed in case of poor rates. 
 
 11. The sum of one thousand seven hundred pounds shall be Amount or putuc 
 granted towards the support of academies and grammar schools, to demTeTand°gram^ 
 be apphed as specified in schedule A ; and the further sum of one """^ schools. 
 thousand one hundred and seventy pounds towards the support of 
 
 common schools, to be applied as specified in schedule B. 
 
 12. The sums allotted for grammar schools shall be subdivided Allowance for 
 among not less than two nor more than four schools in each county, hoTdi^de°a.°°'^ 
 in such proportions as may be directed by the commissioners, ex- 
 cept as 'may be otherwise provided in schedule A, but no grammar 
 
 school shall receive less than twenty-five pounds. 
 
 13. The commissioners shall draw half yearly from the trea- common school 
 sury the sums allowed for the places respectively, and shall appor- d"awnMdareov- 
 tion the same for common schools according to the sums raised by "^s'l- 
 
 the inhabitants of the district, and the number of useful branches 
 of knowledge taught therein, having regard to the nature, amount, 
 and quality of the instruction, and the amount paid by the people 
 towards the salary of the teachers. The commissioners shall ex- 
 clude any district from participation in the public grant if the in- 
 habitants have not according to their ability provided and paid for 
 a teswber and kept the school house in repair. Before distributing 
 
168 Chap. 60. Sect. 14—20. [pakt i. 
 
 the common school fund, the commissioners shall apply such sum, 
 not exceeding one-sixth of the whole fund at their disposal, as may 
 be necessary for schools in poor or thinly peopled settlements, on 
 such terms as they think reasonable. 
 Tree scholars to 14. Thorc shall bc always gratuitously taught in every school 
 sohS andaoa- or academy receiving aid under this chapter, as many poor scho- 
 demies. |g^].g^ j^q^ exceeding eight, as the commissioners and trustees re- 
 
 spectively shall see fit to send. 
 Commissioners to 15. The commissioncrs shall return to the governor, on or be- 
 th^govemor theu- fo^e the thirty-first day of December next, a true account of the 
 accounts. monics received and distributed by them, and a report of their pro- 
 
 ceedings, with such other returns as may be directed by the gover- 
 nor, and shall certify that the same are to the best of their know- 
 ledge correct, and that they have distributed the provincial money 
 impartially and faithfully. 
 Conditions upon -^Q ffj^g allowancc shall only be paid under the conditions fol- 
 
 whicli allowance ^ , __, i i i ■ i i i i 
 
 is payable. lowmg : — That a good and substantial school house, m an ap- 
 
 proved situation, shall be erected and completed to the satisfaction 
 of the commissioners ; that a salary not less than forty pounds a 
 year for the teacher shall be subscribed by the inhabitants and 
 secured to the satisfaction of the commissioners ; that the teacher, 
 before such school shall be admitted on the list of grammar schools, 
 shall be qualified, examined, and approved as herein mentioned, 
 and shall be competent to teach, in addition to the ordinary 
 branches, algebra and land surveying, and, when the same shall 
 be required by the commissioners, navigation, the classics, agricul- 
 tural chemistry, one or more of the modern languages, and some 
 of the practical branches of the mathematics. 
 Grammar schools 17. At grammar schools receiving aid under this chapter, in 
 the'wgher addition to reading, writing, arithmetic, geography, English gram- 
 
 branches. max, history, and composition, there shall be taught, when any 
 
 pupil shall require to be instructed therein, land surveying, navi- 
 gation, and the mathematics, and whenever it shall be found prac- 
 ticable to introduce the same, the classics, one or more of the mo- 
 dern languages, and agricultural chemistry. 
 Amount of salary 18. No grammar school shall receive any allowance unless the 
 schoia"sto''qua^ trustcos shall have actually received by the contribution of the 
 marSS'foT pcoplc, and the tuition fees, at least forty pounds per annum to- 
 auowannce. wards payment of the teacher, and unless at least twenty scholars 
 shall be regularly taught therein throughout the year, of whom 
 not less than ten shall constantly receive instruction in the above 
 higher branches, or some of them. 
 I'rench, German, 19. Schools whcroin the Ordinary instruction may wholly or in 
 entitled to aid. part be communicatcd in the French, German, Gaelic, or other 
 languages, shall participate equally in the provincial allowance 
 with schools wherein the English language is exclusively used, 
 provided such schools are in other respects entitled to such partici- 
 pation. 
 Kdto°teir?^' ^^- -^^ ^■'•^ academies receiving assistance hereunder, instruc- 
 
 tain branches. 
 
TITLE XVIII.] Chap. 60. Sect. 21—28. 169 
 
 tion shall be given in the classics, agricultural chemistry, the prac- 
 tical branches of the mathematics, algebra, geography, English 
 grammar, history, and composition, and also in one or more of the 
 modern languages. 
 
 21. The trustees of academies may make bye-laws for the re- Academy bye- 
 gulation thereof, to be transmitted -within a month thereafter to '""^ ^™ '^^°' 
 the governor, for his approbation in council, and they shall have 
 
 no effect until such approbation be signified. 
 
 22. The trustees of academies receiving aid hereunder shall Returns by trus- 
 make an accurate return, on or before the thirtieth day of June req^°e'd.''°'' ^"^ 
 and thirty-first of December, in every year, of all sums received 
 
 and expended by them, ■whether from legislative grant or other- 
 wise, with a report of the names and ages of the pupils and the 
 course of instruction and other particulars concerning such aca- 
 demy, its progress and management, in such form as the governor 
 in council may direct. 
 
 23. The trustees of academies and grammar schools receiving Examioationa of 
 aid hereunder shall hold public examinations twice in every year, gjammarschoois. 
 of which examination public notice shall be given. 
 
 24. No academy shall receive any allowance unless the trus- conditiona for re- 
 tees shall have actually received, by contribution and tuition fees, allowance?" ^"^ 
 at least one hundred pounds a year towards the payment of the 
 
 teacher and the support of the academy, and unless at least twenty- 
 five scholars shall be constantly taught therein through the year, 
 of whom not less than ten shall regularly receive instruction in the 
 classics, agricultural chemistry, one or more of the modern lan- 
 guages, the practical branches of the mathematics, algebra, and 
 arithmetic, English grammar, history, geography, composition, and 
 other branches of a higher English education. 
 
 25. The trustees of academies respectively shall be a corpo- Ti-usteeea of aca- 
 rate body, and possess the academy and its property so far as to teT^ ™orp<'r=' 
 prosecute and defend all actions relating thereto, and shall be de- 
 signated " the trustees of the academy." 
 
 26. The superintendant, as often as may be, shall visit the supermtendant'» 
 diflerent schools, personally inspect their discipline, inquire into "^"'^^ 
 
 the qualification of schoolmasters, the books in use, and the accu- 
 racy of returns and accounts ; and shall make a half yearly report 
 of the general state of education throughout the province. 
 
 27. Meetings shall be held at least once a year at some time Meetings to be 
 and place to be appointed by the superintendant, at which the com- stmcttons to'pl^ 
 missioners for the county or district, and all the licensed teachers, oeedings. 
 may attend. At such meetings, commissioners and teachers may 
 
 discuss the subject of education, and offer suggestions and move 
 resolutions. The superintendant shall preside, and the proceed- 
 ings of the meeting shall be recorded by the school clerk, who 
 shall furnish the superintendant with a copy of the same, to be 
 appended to the general report. 
 
 28. A list shall be kept by the clerks of all the licensed teach- Lists of teachers ; 
 era Tvithin their jurisdiction, the length of service of each being ^ait"'™' "' 
 
 22 
 
170 Chap. 60. Sect. 29—34. [pakt i. 
 
 noted, and the most meritorious five liaving a mark set opposite 
 their names, such distinction to be conferred by the superintendant 
 and commissioners, and a copy of such list shall be annually fur- 
 nished by the clerk to the superintendant for the information of 
 the executive. 
 Instructions for, 29. The Superintendant shall furnish the commissioners, trus- 
 ™ supSen" ^ tees, and teachers, with such necessary information as may tend to 
 *™'- improve the structure of school houses, their free ventilation, the 
 
 embelhshment of the grounds on which they stand, the supply of 
 the best maps, books, forms of returns, and means of illustration ; 
 and generally shall exert himself to encourage the formation of 
 teachers' institutes, to supply destitute districts with teachers, and 
 to establish, so far as may be done without undue interference with 
 the functions of the commissioners and trustees, an efficient and 
 uniform system of instruction. 
 Academies to be 30. The Superintendant may visit all academies drawing sup- 
 iutendant. port from the public funds — inspect their discipline and accounts — 
 
 offer suggestions for their improvement, and report on their state 
 and efficiency for the information of the executive and legislature. 
 Amount gi-anted 31. The govcmor may advance upon the requisition of the su- 
 s^hMi books. perintendant the sum of six hundred pounds, to be expended in the 
 purchase of improved school books, maps, apparatus and educa- 
 tional reports, to be distributed amongst the boards of commission- 
 ers of the respective counties and districts in the same proportion 
 as the money appropriated for common schools is divided, to be gra- 
 tuitously distributed by the commissioners among the poor schools 
 in their respective counties or districts, or otherwise sold at cost 
 price. 
 Amount tor 32. The govcmor may draw from the treasury a sum not ex- 
 
 ^antediTteap- cccding fivc hundred pounds, and apply the same in proportion to 
 propriation, &c. population for the establishment of school libraries in central and 
 suitable places in each county under such regulations as to the 
 governor in council may seem proper, to be under the charge and 
 control of the commissioners, and open to the inspection of the 
 superintendant. Catalogues of the books selected shall be returned 
 to the legislature, upon whose vote any book deemed objectionable 
 shall be withdrawn. 
 Salary of Buperin- 33. The Superintendant shall be allowed two hundred and fifty 
 ttagencies." °°"" pounds for his salary, and a farther sum of one hundred pounds 
 for the contingencies of his office and travelling expenses, exclusive 
 of postage. 
 Real estate may 34. Any pcrsou may convey or devise real estate to the com- 
 Ss?ion'^ersfor°the ™issioners for the place where the lands are situate, and duly vest 
 benefit of schools, in the commissioncrs and their successors in office the legal estate 
 therein in trust for the purpose of erecting and keeping in repair a 
 school house thereon ; and the commissioners may sue and be sued 
 in respect thereof, but shall have no control over any school house 
 on such lands as against the trustees of the school district or the 
 inhabitants other than may be conferred by the conveyance or de- 
 vise. 
 
TITLE xvm.] Chap. 60. Sect. 35—38. 171 
 
 35. The clergy and magistrates of each county shall be visiters oiergy and ma- 
 of the schools within the same. Id vMt™r°""" 
 
 36. No commissioner shall during his continuance in office be commissioner not 
 teacher or clerk. ^°^^ " ^^^^^'^ ""■ 
 
 37. The superintendant, the teachers of academies, and every Superintendant 
 licensed teacher of schools while employed, shall be exempted from mpSrom ceT 
 the performance of statute labor on the highways and from militia tain puwic duties, 
 duty, from serving in any town office or on juries, and from the 
 
 payment of all rates. 
 
 38. This chapter shall continue in force till the first day of Limitation of 
 May, in the year of our Lord one thousand eight hundred and °''''^"""' 
 fifty-two. 
 
 Schedule A. sciieduies. 
 
 The district of Halifax. — Eastern district of the county of 
 Halifax. — Fifty pounds for one or two grammar schools. 
 
 Western district of the county of Halifax. — Fifty pounds for 
 one or two grammar schools. 
 
 County of Lunenbug. — One hundred pounds for grammar 
 schools. 
 
 County of Queens County. — One hundred pounds for two or 
 three grammar schools. 
 
 County of Annapolis. — One hundred pounds for four grammar 
 schools, namely, Annapolis, Bridgetown, Paradise and Nictaux. 
 
 County of Kings County. — One hundred pounds for grammar 
 schools. 
 
 County of Pictou. — One hundred pounds for grammar schools, 
 to be divided equally between the townships of Pictou, Egerton, 
 and Maxwelton. 
 
 District comprising the township of Parrsborough, — and 
 such other portions of the county of Cumberland as are south of a 
 line to be drawn from the south-west corner of Frankhn Manor to 
 the centre of Sand Cove, in the Cumberland bay. — Twenty-five 
 pounds for one grammar school. 
 
 District comprising the residue of the county of Cumberland. 
 — Seventy-five pounds for two or three grammar schools. 
 
 County of Colchester. — One hundred pounds for an academy. 
 
 District of Rawdon and Douglas, in the county of Hants. — 
 Thirty-three pounds six shillings and eight pence for one grammar 
 school. 
 
 District comprising the residue of the county of Hants. — ■ 
 Sixty-six pounds thirteen shilhngs and four pence for two gram- 
 mar schools, one to be situate in Newport and one in the town 
 plot of Windsor. 
 
 District of Clare, in the county of Digby. — Thirty-three 
 pounds six shillings and eight pence for one grammar school. 
 
 District comprising the residue of the county of Digby. — 
 Sixty-six pounds tjiirteen shillings and few pence for one or two 
 grammw gebools, 
 
172 Chap. 60. [pakt i. 
 
 District of Yarmouth in the county of Yarmouth. — Sixty- 
 six pounds thirteen shillings and four pence for one or two gram- 
 mar schools. 
 
 District of Argyle, in the county of Yarmouth. — Thirty-three 
 pounds six shillings and eight pence for one grammar school. 
 
 District of Barrington. — Fifty pounds for one or two gram- 
 mar schools. 
 
 District of Shelburne. — Fifty pounds for one or two grammar 
 schools. 
 
 District of Saint Mary's, in the county of Guysborough. — 
 Thirty-three pounds six shillings and eight pence for one grammar 
 school. 
 
 District of Guysborough. — Sixty-six pounds thirteen shillings 
 and four pence for two or three grammar schools. 
 
 County of Sydney. — One hundred pounds for grammar schools. 
 
 County of Cape Breton. — One hundred pounds for three 
 grammar schools. 
 
 County of Richmond. — One hundred pounds for two grammar 
 schools. 
 
 Northern district, county of Inverness, — to commence at An- 
 gus Mclsaac's, number one, on the shore, thence to run by the 
 road to Loch Bar, thence by the waters of the lake, western side, 
 to Ainslie Glen, and thence by the main road to the head of the 
 bay, — Thirty-three pounds six shillings and eight-pence for one 
 grammar school. 
 
 Southern district of Inverness, — comprising the remainder of 
 the county, — Sixty-six pounds thirteen shillings and four pence 
 for two grammar schools. 
 
 Schedule B. 
 
 City of Halifax. — Seven hundred pounds. 
 
 Eastern district of the county of Halifax. — Three hundred 
 and eighty-nine pounds. 
 
 Western district of the county of Halifax. — Three hundred 
 and eighty-nine pounds. 
 
 County of Lunenburg. — Six hundred and fifty-two pounds. 
 
 Queen's county. — Three hundred and ninety pounds. 
 
 County of Annapolis. — Six hundred and forty-nine pounds. 
 
 King's county. — Six hundred pounds. 
 
 County of Pictou. — One thousand one hundred and twenty- 
 two pounds ; one half to the northern district, composed of the 
 township of Pictou, and the other half to the southern district, 
 composed of the townships of Egerton and Maxwelton. 
 
 District of the toivnship of Parrsborough, — as described in 
 the schedule A, — One hundred and eight pounds. 
 
 District comprising the residue of the county of Cumber- 
 land. — Four hundred and thirty-two pounds. 
 
 District of Stirling, in the county of Colchester. — One hun- 
 dred and forty-two pounds. 
 
TITLE XIX.] 
 
 Chap. 61. Sect. 1. 
 
 173 
 
 District comprising the residue of the county of Colchester. 
 — Four hundred and seventy-nine pounds. 
 
 The district of Rawdon and Douglas, in the county of 
 Hants. — Two hundred and thirty-two pounds. 
 
 District comprising the residue of the county of Hants. — 
 Three hundred and eighty-seven pounds. 
 
 District of Clare, in the county of Digby. — One hundred and 
 seventy-one pounds. 
 
 District comprising the residue of the county of Digby. — 
 Three hundred and forty-two pounds. 
 
 District of Yarmouth, in the county of Yarmouth. — Two 
 hundred and ninety-four pounds. 
 
 District of Argyle, in the county of Yarm,outh. — Two hun- 
 dred and fifteen pounds. 
 
 District of Barrington. — One hundred and ninety-five pounds. 
 
 District of Shelburne. — One hundred and ninety-five pounds. 
 
 District of Saint Mary's, in the county of Guysborough. — 
 one hundred and twenty pounds. 
 
 District comprising the rem,ainder of the county of Guysbo- 
 rough. — Three hundred and two pounds. 
 
 County of Sydney.— Six hundred pounds. 
 
 County of Cape Breton. — Eight hundred and fifty-five pounds. 
 
 County of Richmond. — Four hundred and thirty- three pounds. 
 
 Northern district of Inverness, as described in Schedule A. — 
 Two hundred and fifty-nine pounds. 
 
 Southern district of the county of Inverness. — Five hundred 
 and eighteen pounds. 
 
 TITLE XIX. 
 
 OF HIGHWAYS, STREETS, BRIDGES, PUBLIC LANDINGS AND 
 FERRIES. 
 
 CHAPTER 61. 
 
 OF LAYING OUT CERTAIN GREAT ROADS. 
 
 Section 
 
 1. Roads to which this chapter applies. 
 
 2. Private lands, when crossed by agreements. 
 
 3. Mode of procedure where no agreement can 
 
 be made. 
 
 4. Commissioner may proceed immediately 
 
 upon agreement or appraisement. 
 
 Section 
 
 5. Fences to be made before compensation. 
 
 6. Damages from treasury restricted to roads 
 
 in the first section described. 
 1. Width of road. 
 8. Site of road, when held as sun-endered. 
 
 1. The provisions of this chapter shall extend to the following Koads to which 
 roads only, viz : The main post road from Halifax to PictoUj ^^JJI^^^^pt^' ^P" 
 
174 Chap. 61. Sect. 2—3. [pabt r. 
 
 thence to Antigonislie, Guysborough, and Saint Mary's ; the 
 great eastern road from Halifax to Saint Mary's ; the eastern 
 shore road from Dartmouth to Saint Mary's ; the road from An- 
 tigonishe to Auld's, at the Gut of Canso ; the road from Guys- 
 borough to the Gut of Canso ; the road from McMillan's, east side 
 of the Gut of Canso, to Saint Peters, thence by the Bras d'Or to 
 Sydney, and thence to the Sydney mines, Boularderie, Baddeck, 
 Middle River and Margaree, thence to Broad Cove, Port Hood, 
 and McMillan's, at the Gut of Canso ; the road from Arichat to 
 Grandance ; the road from Truro to Amherst, and thence to the 
 boundary of the province ; the road from Truro to River Philip, 
 by Tatamagouche ; the road from Amherst to Parrsborough ; the 
 road from Pictou to River Philip, by Wallace ; the road from 
 HaUfax to Windsor, thence to Kentville, Annapohs, Digby, Yar- 
 mouth, Shelburne, and Liverpool ; the road from Liverpool to 
 Mills Village, thence to Bridgewater and Mahone Bay, and thence 
 to Chester and Windsor ; and the road from Chester to Halifax, 
 by Saint Margaret's Bay. 
 Private lands, 2. Commissioners to expend monies ' for the opening of new 
 
 ^eement.^^'^ ^^ roads Or altering old ones when it shall be necessary to cross pri- 
 vate lands for that purpose, the proprietors whereof claim damages, 
 shall, if deemed for the public benefit, make an agreement in 
 writing with the proprietors ; the agreement to state the length of 
 the road and the amount agreed on for damages and cost of fences, 
 and to have a plan annexed of the road and land through which it 
 is intended to be carried ; and the same shall be laid before the 
 general sessions of the peace for the county or district, or a special 
 sessions ; and if the sessions approve of the agreement or portions 
 thereof, they shall return the same with their certificate to the 
 provincial secretary's office, to be laid before the house of assem- 
 bly, and the house having considered may confirm the agreement, 
 or any portion thereof, in which case the same shall be returned to 
 the provincial secretary's office, and the governor may draw war- 
 rants on the receiver general for the amounts which may be con- 
 firmed. 
 Mode of proce- 3. Where no agreements shall be made, or any part thereof 
 a^eementcanbe shall not be Confirmed, one appraiser shall be appointed by the go- 
 made, vernor 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 lands, taking into account the improvement, 
 and assess the damages to the owners and tenants therefor, and for 
 fencing the sides of the road, which appraisement shall be reduced 
 to writing and accompanied by a plan and admeasurement of the 
 road, shall be retnrned to the clerk of the peace, to be laid before 
 
TITLE XIX.] 
 
 Chap. 62. Sect. 1—2. 
 
 175 
 
 Commissioner 
 may proceed im- 
 mediately upon 
 agreement or ap- 
 praisement. 
 
 a general or special sessions ; and further proceedings shall be had 
 thereon in conformity with the provisions of the last section. 
 
 4. After any agreement shall have been made or an appraise- 
 ment had under the second or third sections, the commissioner may 
 enter upon the lands and proceed with the road, leaving the com- 
 pensation to be paid to the proprietor, to be finally determined in 
 the manner in such sections respectively directed. 
 
 5. No payment for fences shall be made under this chapter Fences to be made 
 until the proprietors of the land shall have made oath that the uo'"** ''''™''™'*' 
 same has been put up in a proper manner and at least thirty-three 
 
 feet from the centre of the road, and encloses in whole or in part 
 some of his lands, and that the same shall not be removed with his 
 assent, nor shall any compensation for such fencing be made unless 
 claimed within one year after the road shall have been opened. 
 
 6. No money shall be drawn from the provincial treasury for 
 damages on the completion or running out of any new road, or 
 alteration of any old one, other than on the roads specified in this 
 chapter. 
 
 7. The road shall be at least sixty-six feet in width. 
 
 8. When roads have been or shall hereafter be altered without site ot road, when 
 any demand for compensation by the proprietors of land through deredf"* sunen- 
 which the new road runs and for which no compensation shall have 
 
 been afterwards made, such acquiescence on the part of the pro- 
 prietors 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. 
 
 from 
 treasui-y restrict- 
 ed to roads in the 
 first section de- 
 scribed. 
 
 Width of road. 
 
 CHAPTER 62. 
 
 OF LAYING OUT ROADS OTHER THAN CERTAIN GREAT ROADS. 
 
 Section 
 
 1. Roads to which the chapter applies. 
 
 2. Mode of laying out new, or altering old 
 
 roads. 
 
 3. Sessions to confirm or disallow proceedings. 
 
 4. Special sessions may act where general ses- 
 
 sions sit only once a year. 
 
 5. Appeal from the decisions of sessions. 
 6- Fines for non-attendance of jurymen. 
 
 7, Value of old roads may be allowed in ap- 
 praisement. 
 
 Section 
 
 8. Old roads to be shut up only by order of 
 
 sessions 
 
 9. Damages and expenses to be a county 
 
 charge. 
 
 10. Width of roads. 
 
 11. Sites of roads, when held as surrendered. 
 
 12. Open and pent roads, how laid out. 
 
 13. Gates and bars on private ways, by order 
 
 of sessions. 
 
 14. Fences to be made before compensation. 
 
 1. The provisions of this chapter shall be applicable to roads Roads to which 
 ■Other than those mentioned in the last chapter. pu^es.^^^*'' ''^' 
 
 2. Twenty or more freeholders of the county may petition the Mode of laying 
 sessions for the making of a new road or alteration of an old one, Sg o^irro^s^"^'^' 
 
176 
 
 Chap. 62. Sect. 3—7. 
 
 [part I; 
 
 SeBsioDS to con- 
 firm or disallow 
 proceedings. 
 
 Special sessions 
 may act where 
 general sessions 
 sit only once a 
 year. 
 
 Appeal from the 
 decisions of ses- 
 sions. 
 
 Fines for non- 
 attendance of 
 jurymen. 
 
 Value of old roads 
 may be allowed in 
 appraisement. 
 
 and the sessions, if satisfied of tlie propriety thereof, shall order a 
 precept to be directed to three disinterested freeholders resident 
 within the county, directing them within a convenient time to ex- 
 amine into the propriety of the desired new road or alteration ; 
 and if they shall be satisfied thereof, then to lay out and mark the 
 same in the way most advantageous to the public and least preju- 
 dicial to the proprietors of lands through which the road may pass, 
 and the freeholders, if satisfied of its propriety, shall ascertain the 
 length of the new road or alteration, and taking into consideration 
 the distance which it may run through the lands of different par- 
 ties, and the nature of the soil and the improvements, and the 
 fencing which will be rendered necessary, shall make an appraise- 
 ment of the damages to be paid to each person through whose 
 lands the road will run, specifying separately the damage to soil, 
 and for improvements, and for fencing, and shall make return of 
 their proceedings to the clerk of the peace, who shall file the same 
 and forthwith post notices, containing the substance of such return, 
 in at least six places of public resort in the county, and also near 
 the contemplated new road or alteration, for the space of thirty 
 days previous to the next sessions. 
 
 3. At the next sessions the proceedings shall be considered, 
 and objections, if any, heard thereto ; and the sessions shall con- 
 firm or disallow the proceedings, and, if confirmed, they shall be 
 recorded. 
 
 4. In counties where there shall be only one general sessions 
 in the year, a special sessions shall have all the powers of a gene- 
 ral sessions, subject to the like approval. 
 
 5. Any person who may have objected to the proceedings, may 
 appeal from the decision of the sessions, in which case a precept 
 shall be by the clerk of the peace directed to the sheriff or his de- 
 puty, who shall thereupon summon and swear a jury out of the 
 adjoining townships, who shall lay out the road or alteration, and 
 make an appraisement in manner hereinbefore prescribed ; and the 
 sheriff, or his deputy, shall return the same under his hand, and 
 the hands of the jurors, to the then next sessions, when the same 
 shall be confirmed and recorded ; but no appeal shall be allowed 
 until the appellant shall give bond to her majesty, with two sure- 
 ties in a sum to be ordered by the sessions, upon condition that if 
 the jury who may be summoned to lay out or alter the road shall 
 confirm the return of the freeholders, or shall not give greater 
 damages to the appellant by one-sixth more than was allowed by 
 the return of the freeholders ; into all which the jury are hereby 
 empowered to inquire, then the appellant shall pay the expenses 
 consequent on the appeal, to be taxed by the sessions. 
 
 6. If a juror shall not attend and perform the duties required 
 by this chapter when summoned, he shall forfeit twenty shillings. 
 
 7. The freeholders in making their appraisement in case of 
 alteration of a road, may apportion the old road or parts thereof to 
 proprietors of land through which the alteration runs, and put a 
 
TITLE XIX.] Ohap. 62. Sect. 8—14. 177 
 
 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 land 
 of the proprietor to whom it is apportioned. 
 
 8. When the proceedings shall be finally confirmed the land oia roa4 to be 
 apportioned under the last section shall become the absolute pro- order"? session^ 
 perty in fee of the person to whom the same shall have been allot- 
 ted, but it shall not be shut up or the public excluded from the free 
 
 use thereof until closed by order of sessions, under the law in refer- 
 ence to the closing of old roads. 
 
 9. The damages appraised and expenses incurred shall form a Damages and ex- 
 
 . 1 o J. 1 A penses to be a 
 
 county charge. county charge. 
 
 10. The roads hereinbefore referred to shall be laid out at least width of roads. 
 sixty-six feet in width. 
 
 11. Where roads have been, or shall hereafter be, altered with- Site» of roads, 
 
 1 i« ,. It ., /.11 when held as aur- 
 
 out any demand tor compensation made by proprietors oi land rendered. 
 through which the new road runs and for which no compensation 
 shall have been afterwards made, such acquiescence on the part of 
 the proprietors shall be held a voluntary surrender to her majesty 
 forever, for a pubhc highway, of all the land through which the 
 new road passes to the breadth of sixty-six feet. 
 
 12. The sessions, upon application, may order two surveyors open and pent 
 of highways to lay out a private way, either open or pent, and the out. ' 
 surveyor may agree with the proprietors of land through which 
 
 the same runs as to the damages, or otherwise the sessions shall 
 direct a jury to be summoned, who shall appraise the damages in 
 manner hereinbefore prescribed ; the amount of damages in either 
 case, with the expenses incurred, shall be included in the next 
 poor-rate of the place where the road runs, and when collected 
 shall be paid to the clerk of the peace for the parties entitled 
 thereto. 
 
 13. The sessions may direct gates and bars to be placed on pri- Giites and bars on 
 vate ways, and make regulations respecting the placing and keep- order of'sSons^ 
 ing thereof; and persons guilty of a breach of the regulations shall 
 
 for every offence forfeit not less than five nor more than forty 
 shillings. 
 
 14. No compensation for fencing shall be made under this Fences to be made 
 chapter until the proprietor of the land shall have made oath be- tion.™ ''°"'^*''°^" 
 fore a justice that the fence has been put up in a proper manner 
 
 and at least thirty-three feet from the centre of the road, and en- 
 closes, in whole or in part, some of his lands, and that the same 
 shall not be removed with his assent. 
 
 23 
 
178 
 
 Chap. 63. Sect. 1—4. 
 
 [part I. 
 
 CHAPTER 63. 
 
 OF SURVEYORS OF HIGHWAYS ANI) HiaHWAY LABOR, EXCEPT 
 IN HALIFAX. 
 
 Section 
 
 1. City of Halifax excepted throughout this 
 
 chapter. 
 
 2. Eoad districts as established confirmed. 
 
 3. Districts, how altered ; new ones, how es- 
 
 tablished. 
 
 4. Persons liable to perform statute labor, and 
 
 the amount. 
 
 5. Labor of horses and teams. 
 
 6. Tine for neglecting to send teams, &c. 
 
 1. Persons above sixty years, having teams, 
 required to send them. 
 
 8. Truck or waggon to be sent if party own 
 
 such. 
 
 9. A day's work shall be eight working hours. 
 
 10. Lists, how made out. 
 
 11. Persons how and when summoned ; season 
 
 for repairing roads. 
 
 Section 
 
 12. Certain counties excepted, and season spe- 
 
 cified. 
 
 13. Absent persons liable on return. 
 
 14. ObatrucUons of roads, bridges, &c. from un- 
 
 foreseen causes. 
 
 15. Commutation of labor. 
 
 16. Fines for non-attendance. 
 
 17. Relief to poor persons. 
 
 18. Persons residing on islands 
 
 19. Sessions may oi'der labor on particular 
 
 roads. 
 
 Highways not to be altered without the con- 
 sent of two justices. 
 
 "Winter labor. 
 
 Returns of surveyor, how made. 
 
 20. 
 
 23. Fines, how recovered and appropriated!, 
 
 City of Halifax 
 excepted 
 throughout this 
 chapter. 
 
 Road districts as 
 established con- 
 firmed. 
 Districts, how 
 altered ; new ones 
 how established. 
 Persons liable to 
 perform statute 
 labor, and the 
 amount. 
 
 1. The provisions of this chapter shall not extend to the city 
 of Halifax. 
 
 2. The districts as now established for the performance of sta- 
 tute labor on the roads are confirmed. 
 
 3. The sessions may erect new districts; or alter the limits of 
 those established. 
 
 4. Persons over sixteen and under sixty years of age, being 
 able to do a reasonable day's work for themselves, or being free- 
 holders able to pay the commutation, or hire the labor in this chap- 
 ter prescribed, without injury to their families, and not being mili- 
 tary persons, or holding commissions from her majesty in the mi- 
 litary or civil department of the army, nor teachers of academies 
 or grammar schools, nor licensed schoolmasters, shall annually per- 
 form upon the highways the number of days labor following, by 
 themselves or sufficient substitutes to be approved by the surveyor 
 of highways or commissioners of streets, and provided with the 
 tools by him or them directed, viz : — Every person above twenty- 
 one years and under sixty years of age, being a householder and 
 the owner or possessor of real or personal estate, and not being a 
 hired servant, journeyman, or day laborer, nor residing with his 
 parents, shall perform six days' labor. 
 
 Every person above twenty-one years of age, being a hired ser- 
 vant, journeyman, or day laborer, shall perform two days' labor ; 
 masters of vessels and hired seamen, not being freeholders, to be 
 considered as hired servants. 
 
TITLE XIX.] Chap. 63. Sect. 5—11. 179 
 
 Every person above twenty-one years of age residing with his 
 parents shall perform three days' labor. 
 
 Every person above twenty-one, and under sixty years of age, 
 not being a householder, hired servant, journeyman or day laborer, 
 nor residing with his parents, shall perform four days labor. 
 
 Every minor and apprentice, above sixteen and under twenty- 
 one years of age, shall perform two days' labor. 
 
 5. In addition to the labor in the last section mentioned, every Labor of horses 
 such person over twenty-one and under sixty years of age, owning °'°'^ '^^"'' 
 working oxen, or saddle or draught horses, shall perform one day's 
 
 labor for every pair of working oxen, and every saddle or draught 
 horse ; but no person shall be liable to perform more than four 
 days' labor on account of any number of oxen or horses by him 
 owned. 
 
 6. Every such person so owning any such working oxen or rine for negiect- 
 draught horses shall, when required by the surveyor or commis- '^=""^'""^''"=' 
 sioners, send such oxen or horses, properly yoked and harnessed, 
 
 to labor upon the highways under a penalty of three shillings a 
 day for every such pair of oxen and every such horse respectively, 
 and for every pair of oxen and every horse so sent to labor, or the 
 penalty therefor paid, every such person shall be allowed one day's 
 labor. 
 
 7. Every person above sixty years of age, being a householder Persons above 
 and owning working oxen or draught horses, shall, when notified, i^'te^Trt'l*^" 
 send to labor upon the roads a pair of oxen or one draught horse, at ?"'''^'i '° s™* 
 
 1 • /• 1 ■ • 11 1 them. 
 
 the option oi the surveyor or commissioners, properly harnessed, 
 for four days, or, at the option of the person, such pair of oxen or 
 draught horse, with a driver, for two days ; and every such person 
 so notified who shall not send the same shall forfeit for every day's 
 omission three shillings for the pair of oxen or draught horse, and 
 six shillings for the pair of oxen or draught horse with a driver, to 
 be commuted or sued for and recovered ia manner as hereinafter 
 directed as respects claims for non-performance of days' labor. 
 
 8. When any person owning oxen or draught horses shall be Truck or waggon 
 so required to send any such oxen or horses, such person shall paJly wnsuch. 
 also, if required by the surveyor or commissioners, send therewith 
 
 a cart, truck, or waggon, if he shall own one, which the surveyor 
 or commissioners consider fit, and in case of neglect shall forfeit 
 two shillings for every day. 
 
 9. A day, when mentioned in this chapter, shall mean eight a day's work 
 
 -.-•'' ^ ' ^ shall be eight 
 
 WOrkmg hours. working hom-s. 
 
 10. The surveyors and commissioners shall make out fists of Lists, how made 
 persons fiable to perform highway labor, whether by themselves or ""'• 
 
 in respect of owning oxen or horses, and shall be responsible for 
 the correctness thereof. 
 
 11. The surveyors and commissioners shall cause to be sum- persons how and 
 moned the persons contained in their lists to labor upon the high- "e^on'i-n-'ep^air- 
 ways at the most seasonable time, between the first day of June "s ^oaAs. 
 
 and the first day of September in every year, seed time and har- 
 
180 
 
 Chap. 63. Sect. 12—14. 
 
 [PAET I. 
 
 excepted, and 
 seasons 
 
 Absent persons 
 liable on return 
 
 vest excepted, by giving them six day&' notice of the time ajid 
 place where they are to be employed, and of the tools to be brought 
 for such labor ; the notice to be given either by the surveyors or 
 commissioners, or by any person by them authorized, and to be 
 left verbally or in writing, with some person of the age of discre- 
 tion, at the usual place of abode of the party ; and at the time and 
 place appointed, the surveyors and commissioners shall attend and 
 oversee the persons so summoned to labor in making and repairing 
 the highways and bridges in the most useful maimer during the 
 number of days required by this chapter for each person to labor, 
 and the surveyors and commissioners shall be excused from any 
 other service upon the highways than that of overseeing the persons 
 employed thereon. 
 Certain counties 12. In the following couutics instead of the time prescribed in 
 speeded, the last section, the labor shall be performed within the times fol- 
 lowing in every year, viz : In the counties of Yarmouth, Shel- 
 burne, Queens and Lunenburg, between the fifteenth day of May 
 and the fifteenth day of September ; in the county of Cape Breton 
 between the first day of June and the fifteenth day of October, and 
 in the county of Richmond between the first day of May and the 
 fifteenth day of October. 
 
 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 perfor- 
 mance of his labor, and shall not have provided a sufficient substi- 
 tute or paid the commutation therefor as hereinafter prescribed, or 
 shall not adduce satisfactory proof of his having performed or so 
 commuted, or otherwise paid for his statute labor in some other 
 district, shall, if he shall return to his usual place of abode within 
 the year, pay three shillings for every day's labor to which he was 
 liable. 
 
 14. In case a highway shall become obstructed, or a bridge 
 broken down or carried away, or the road rendered impassable by 
 any unforeseen cause except by the falling or drifting of snow, the 
 surveyors of highways or commissioners of streets, under the direc- 
 tion of two justices of the peace, shall notify such persons within 
 the district as may be deemed necessary, to attend immediately 
 either by themselves or with their teams as may be considered ad- 
 visable to remove the obstructions or make such repairs upon the 
 highway or bridge as may be, by the justices, considered absolutely 
 necessary to render the same passable ; and every person so atten^ 
 ding and laboring shall be allowed for the labor by a reduction of 
 the hke number of days from the labor to be by him performed 
 under this chapter either for that or the subsequent year, as the 
 same may occur, before or after the time limited for the perfor- 
 mance of highway labor in the district, in the same manner and to 
 the same extent as if the labor had been performed at the usual 
 time ; and every person duly notified to attend and labor under 
 this section who shall neglect so to do, shall be liable to the same 
 
 Obstructions of 
 roads, bridges, &c. 
 from unforseen 
 causes. 
 
TITLE XIX.] Chap. 63. Sect, 15—21. 181 
 
 forfeitures as if he huA neglected to attend and labor at the i-egular 
 time, such forfeiture, for each day, when paid to reckon for one 
 day's lahor of such person under thi^ chapter. 
 
 15. If any person liable to perform labor hereunder shall pre- commutation of 
 fer paying money to doing the labor, he may, at or before the day 
 
 on which he shall be notified to attend and labor, pay to the sur- 
 veyor or commissioners a commutation for the whole labor to be by 
 him performed, but not for any part thereof, at the rate of two 
 shillings and six pence for every day's labor, to which he may be 
 liable for the current year ; and if any person so offering commu- 
 tation shall be sued for not performing his labor, on proof of the 
 tender of the commutation, and on the same being paid at or be- 
 fore the trial the plaintiff shall be nonsuited. 
 
 16. Every person duly notified, who shall not labor agreeably Fines for non- 
 to the notice, or tender the commutation therefor as in the last *"^° *°'"' 
 section directed shall forfeit three shillings for every day's labor to 
 
 be by him performed. 
 
 17. Two justices of the peace for the county may, by a certi- Keuettopoor 
 ficate under their hands, relieve any person from a portion of his p^'^""*- 
 labor hereunder, if they shall be satisfied from his circumstances 
 
 and situation in life he is really entitled to such relief 
 
 18. No person residing upon an island whereon there are any peraons residine 
 highways upon which the performance of labor under this chapter ™ '^lan*'- 
 may be enforced, shall be obliged to work or furnish any labor here- 
 under upon the main land, or be hable 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 highway or bridge on the island ; and where the island shall 
 be connected with the main land by a causeway or bridge, such 
 portion of the labor as may be required to keep the causeway 
 or bridge in repair, or to rebuild the same, shall be performed 
 thereon. 
 
 19. The sessions may grant permission in writing to persons sessions may 
 to perform their labor upon such roads as they shall direct, and particular roads. 
 the faithful performance by such persons of the labor as directed 
 
 by the sessions shall be held tp be the performance of their ordi- 
 nary highway labor under this chapter, but they shall, within one 
 week after the performance of the labor, obtain from the surveyor 
 or commissioners for the district^ who, if the labor has been faith- 
 fully performed, are hereby required to grant the same, a certifi- 
 cate of the due performance thereof ; which permission and certifi- 
 cate shall be a bar to any action brought against any such person 
 for non-performance of his ordinary highway labor under this 
 chapter. 
 
 20. No surveyor shall alter any highway without the consent Higiiway not to 
 of two justices of "the peace for the county, although the owner of the''comentJttwo 
 the land required for the alteration may assent thereto. justices. 
 
 21. The surveyors and commissioners shall, as often as they winter labor. 
 shall deem necessary during the winter, order the iahabitanta to 
 
182 
 
 Chap. 63. Sect. 22—23. 
 
 [PAET I. 
 
 Returns of sur- 
 veyor, how made. 
 
 Pines, how reco- 
 vered and appro- 
 priated 
 
 ^vork with their shovels, horses, oxen and sleds upon the highways, 
 in order that the same may be rendered passable, and every inha- 
 bitant not complying with the order shall, for every omission, for- 
 feit five shillings, but no person shall be obliged to ftirnish more 
 than one day's 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. 
 
 22. Every surveyor shall, annually, on or before the first day 
 of the sessions which shall happen next after the time herein limi- 
 ted for the performance of highway labor, make a true and faith- 
 ful return in writing, under his hand, to the clerk of the peace, of 
 the labor performed under his directions, designating the names of 
 the persons and the labor performed by ea<;h, and shewing the 
 commutations and fines by him received and the expenditure 
 thereof, and the amount of monies then in his hands, and which 
 latter he shall at the same time pay over to the clerk of the peace, 
 to be expended under the direction of the sessions upon the roads. 
 
 23. Forfeitures, except under the fourth and fifth sections of 
 this chapter, shall be sued for and recovered by the surveyor or 
 commissioners by their name of of&ce, 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 hke costs as if they 
 were private debts ; and, when recovered, shall be apphed by the 
 surveyor or commissioners to the repair of the highways. 
 
 CHAPTER 64. 
 
 OF COMMISSIONERS OF STREETS. 
 
 SeOtioK 
 
 1. Commissioners for certain places named, to 
 
 retain office. 
 
 2. Commissioners for Milton, how appointed. 
 
 3. Rosters to be provided. 
 
 4. Vacancies, how filled up, &c. 
 
 6. Jurisdiction of Commissionei!s defined. 
 
 6. Sections applicable to the city of Halifax. 
 
 7. Clerk and receiver appointed j subdivision 
 
 of districts. 
 
 8. Duty of commissioners. 
 
 9. Accounts of commissioners. 
 
 10. Further duties of commissioners. 
 
 11. Tine for neglecting to keep gutters and 
 
 street in front of premises clean. 
 
 12. Persons building may occdpy streets fof 
 
 placing material. 
 
 13. Wells and pumps, how provided. 
 
 14- Nuieances and encroachments liable to re- 
 moval. 
 
 Section 
 
 15. Line of street, how protected in case of new 
 
 buildings. 
 
 16. Line settled by jury in case of depute ; re- 
 
 turn how confirmed. 
 
 17. Soil of street to be broken only by permis- 
 
 sion in writing j fine for offences. 
 
 18. Fine for driving or riding on side path. 
 
 19. Duties on licenses appropriated in part to 
 
 repair of streets, except in Halifax. 
 
 20. Annapolis rivef bridge under charge of 
 
 commissioners. 
 
 21. Powers of commissioner. 
 
 22. Monies and fines, how, recovered and ap- 
 
 plied. 
 
 23. Notice of action against commissioners ; 
 
 limitfitlon. 
 
 24. Definitictn of term. 
 
TiTiiB XIX.] Chap. 64, Sect. 1—5. 183 
 
 1. The commissioners of highways in the towns and villages commisBioners 
 following, that is to say : Maitland, Windsor, Bridgetown, Anna- ^Zm^^^J^^^ 
 polls Koyal, Digby, Liverpool, Port Medway, Lunenburg, Chester, office- 
 Dartmouth, Pictou, New Glasgow, Guysborough and Sydney, 
 
 shall remain commissionera of streets during the pleasure of the 
 governor. 
 
 2. The governor in council shall appoint three freeholders, in- Commissioners 
 habitants of the village of Milton, in Queen's County, to be com- a°ppointea.' 
 missioners of streets for that place during pleasure. 
 
 3. A roster of the commissioners shewing the date of their re- Kosters to be 
 spective appointments shall be formed by them annually and for- p"^"^'***' 
 warded to the provincial secretary's oflBce, and the commissioner 
 
 first appointed shall annually go out of office ; and where the ear- 
 liest appointments are of the same date, then such one shall go out 
 as the governor shall direct, and the person going out shall not be 
 ehgible to be re-appoiuted that year. 
 
 4. Upon a vacancy in any commission the governor in council vacancies, hew 
 shall appoint some inhabitant and freeholder of the place where the *"'^'* "^' ^' 
 vacancy occurs to supply the same, so that the commissioners may 
 continue five for the town of Pictou and three for each of the other 
 
 towns and villages. 
 
 5. The jurisdiction of the commissioners shall be confined to jurisdiction of 
 the limits following, that is to say : d°eS.™°"' 
 
 FOR MAIXLAND. 
 
 From Richard Anthony's east Une to the Five Mile River, and 
 along the Kennetcook road to Rocky brook. 
 
 FOB WINDSOR. 
 
 To such parts of the town as extend from Smith's island to the 
 northward and eastward as far as the bridge over the Trecothick 
 creek, on the main road leading out of the town of Windsor, as far 
 as the church, and on the southward and westward to Falmouth 
 ferry. 
 
 FOR BRIDGETOWN. 
 
 Within the bounds following, that is to say : beginning at the 
 western boundary line of the late Wilham Ruffee, one half a mile 
 to the northward of the Granville main road as now situate, thence 
 westwardly until it meets the eastern boundary line of the late 
 Henry Troop, thence southwardly until it meets the Annapolis 
 river, thence by the course of the river to the western line of 
 William Rufiee, 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 intersec- 
 tion of the main.road to Hahfax, by the old road leading to the 
 
184 <^H1P. 64. [PART 1. 
 
 Dalhousie settlement, southwardly to the General's Mdge, west- 
 wardly to Allen's creek, and northwairdly to Hdg Iskad, ineludlng 
 the same. 
 
 FOR DIGBt. 
 
 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 LIVBRfOOI/. 
 
 To such parts thereof as extend from Fort Point by the western 
 side of Liverpool harbor to the bridge crossing the main road lead- 
 ing 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. 
 
 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 Etherington's house, 
 thence rimning one mile and a quarter on a course about north 
 forty-five degrees west, in the direction of and past the house of 
 Joseph Ford, jnr., including such house, thence southwardly paral- 
 lel to the river until it comes opposite to the residence of Freeman 
 Tapper 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 extending 
 back from the river one mile. 
 
 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 Bums' tan-yard, and north to the bridge in the rear of 
 the town. 
 
 FOR CHESTER. 
 
 To the town plot. 
 
 FOR DARTMOUTH. 
 
 Within the distance of one mile, measured in a southwardly, 
 eastwardly and northwardly direction, from the public landing or 
 steamboat company's wharf. 
 
 FOR PICTOU. 
 
 On the west, by the west side of the Town Gut, on the east, by 
 the west side line of the farm lately occupied by the late David 
 Lowden, on the south by the harbor of Pictou, and on the north to 
 the rear line of the original lots laid out and fronting the harbor. 
 
TITLE XIX.] Chap. 64. Sect. 6— 9. ]85 
 
 FOR NEW aLASGOW. 
 
 To such part as is comprehended -within the bounds following, 
 that is to say : — To be bounded on the south by a line running on 
 the south line of the property of the widow of Alexander Fraser, 
 deceased, and extending eastwardly and westwardly to the east and 
 west hnes and boundaries hereinafter mentioned ; on the north by 
 a line running on the north hne of the property of John Rose, and 
 extending eastwardly and westwardly as hereinbefore mentioned ; 
 on the east by a line running on the front line of Edwai'd Gra- 
 ham's house, and extending northwardly and southwardly to the 
 north and south lines hereinbefore mentioned, in a parallel course 
 with the river ; and on the west by the road leading from the Al- 
 bion mines to the point. 
 
 FOE GUYSBOKOUGH. 
 
 To the town plot. 
 
 FOR SYDNEY. 
 
 To the peninsula of Sydney, extending to the southward and 
 eastward to Fresh Water River Creek, the old Saint Peter's road, 
 and theace in an eastwardly direction to Copitt's mill brook, and 
 thence to be bounded by the brook until it meets the waters of 
 Malony's creek. 
 
 6. The subsequent provisions of this chapter shall extend to sections appiica- 
 the city of Hahfax, and the commissioners of streets therein, un- Halifax!^ ''"^°' 
 less where specifically excepted. 
 
 7. The commissioners shall appoint a clerk and receiver of mo- cierk ana receiver 
 nies, and subdivide their districts and assign a part to each com- dfvision'^otdis-''" 
 missioner. '™'^- 
 
 8. The commissioners shall remove all incumbrances upon the Dutyofcotnmis- 
 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 ob- 
 served the laws touching the streets and bridges or the work to be 
 performed thereon ; and especially shall call out, siie for, levy and 
 receive from the inhabitants liable to perform highway labor, the 
 monies, services, highway work and penalties, and composition 
 therefor, due, payable, or to be performed by them ; and shall 
 prosecute for offences committed against the laws relating to high- 
 ways, and sue persons holding monies appropriated to the repair 
 of the streets, or not paying any penalty appropriated thereto. 
 
 9. The commissioners shall keep an exact account of monies Accounts of com- 
 received by them, and services performed under their direction ;' ™*^"»"='''- 
 and shall, under a penalty of five pounds, annually on or before 
 
 the first day of the sessions which shall happen first after the time 
 limited for the performance of statute labor, render under their 
 hands to the clerk of the peace, to be laid before the sessions, a 
 general, regular, and fair account in writing of all monies received 
 and paid by them as commissioners for the past year, to the end 
 24 
 
186 Chap. 64. Sect. 10—14. [part i. 
 
 that the same may be audited and passed by the sessions. This 
 section not to extend to the city of Halifax. 
 Further duties of IQ. 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, 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 proprietors of the soil, and may employ and pay 
 boatmen, carts, and laborers, as they may judge conducive to the 
 accomplishing the designs of this chapter ; and may also make con- 
 tracts for the repairing and paving of the streets ; and may com- 
 pound with persons by the year for such sum in advance as they 
 may deem reasonable for the proportion of highway labor or pay- 
 ments 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 course of 
 gutters, water-courses and channels, ruiming in or through the 
 streets, to be altered as they shall think proper. 
 Fine for neglect- H. Persous residing withiu the forcgoiug limits respectively, 
 tera an/streets in shall keep the guttors and streets before the houses, buildings, or 
 front^of premises j^^^ inhabited Or occupied by them, free from dirt, filth, and nui- 
 sance of every kind ; and whenever any incumbrance or nuisance 
 shall be found in any of the streets, the persons before or nearest 
 whose house, building, or land the same shall be, shall forfeit 
 twenty shilhngs, and also pay the expense of removing the same ; 
 and any commissioner may cause the removal thereof without gi- 
 ving notice to the owner, or being in any way answerable therefor ; 
 but no person shall be liable to this penalty unless he shall have 
 placed the nuisance or incumbrance in the street where found, or 
 not having so placed it shall suffer the same to continue twenty- 
 four hours. 
 Persons building 12. Pcrsous by Icavc of the commissioners may place in the 
 StTfoTpiacing strccts materials for building, and erect posts, bars, or enclosures 
 materials. for sccuring 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. 
 Wells and pumps, 13. The commissioners may cause wells to be dug, and pumps 
 how provided. ^^ ^^ placcd therein, in the streets where they shall judge neces- 
 sary and convenient, in manner as they shall direct. 
 Nuisances and 14. The commissiouers shall cause all things belonging to any 
 
 building or cellar, or to any ground or enclosures 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 inconve- 
 nience to the public, may suffer the same to remain, upon the pro- 
 prietor giving security that it shall not be repaired or rebuilt, and 
 also paying to the commissioners a reasonable annual ground rent 
 
 encroachments 
 liable to removal 
 
TITLE XIX.] Chap. 64. Sect. 15—19. 187 
 
 for the part of the street encroached on during the continuance of 
 the encroachment. 
 
 15. Persons intending to build upon, or close to, the Une of a J''"'"''^'''^^'|';„ 
 street, shall, before digging a foundation or beginning the building, caseofMwbuu- 
 apply to the commissioners to cause the line of the street to be de- *'°^^' 
 
 fined 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 hne, avoiding any encroachment ; and if 
 any person shall erect a building upon the Une of the street with- 
 out making such application, and having the line so ascertained, 
 he shall forfeit ten pounds, and shall also remove the encroach- 
 ment, or otherwise the commissioners may remove the same, or 
 take the steps by law allowed in cases of common nuisances. 
 
 16. When the commissioners shall have proceeded to ascertain P°'? ^^'"^* Jy 
 
 ^ jury in caae of 
 
 the hne of the street on the apphcation of any person about to build aiapute -, return, 
 thereon, and he shall be dissatisfied with the line pointed out by 
 the commissioners, a judge of the supreme court shall, upon appli- 
 cation of either party, issue a precept to the sherifi' 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 
 sheriflF or his deputy, well and truly to lay out and establisli the 
 line of the street according to their best judgment, and the' wit- 
 nesses tendered shall be sworn by the sheriff' or his deputy ; and 
 if the jurors or either party require it, a new survey of the line 
 shall be made, and the sheriff or his deputy shall make a return 
 forthwith under the hands of himself and the jurors, to the judge, 
 who, if he shall approve thereof, shall confirm the return, and the 
 same shall be filed in the office of the clerk of the peace ; but if 
 the judge shall not approve of the return, a new precept shall be 
 issued and further proceedings had thereon in manner prescribed 
 as to the first precept, and so on until a return be confirmed ; and 
 the judge shall direct how and by whom the expenses of the pro- 
 ceedings shall be paid, and the same shall be taxed by the judge 
 and shall not exceed ten pounds. 
 
 17. No person shall break up the soil of a street without first sou of streets to 
 making apphcation to the commissioners in writing, specifying the plmisrion S*' ^ 
 purpose for which such breaking up is required, and obtaining their '^s!^acesi ^''^ '"^ 
 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 the terms imposed by the commissioners, shall for 
 every offence forfeit five pounds. 
 
 18. Every person who shall drive any carriage or ride over a rine for driving 
 side path, or roll or place heavy articles over or on the same to the plth*""^""^"** 
 injury or obstruction of the side path, shall for every offence forfeit 
 
 not less than five nor more than forty shillings. 
 
 19. The county treasurer shall pay to the commissioners out Duties on licenses 
 of the COUJJtj treasury, quarterly, three-fifth parts of the monies part to"epair'of 
 
188 
 
 Chap. 64. Sect. 20— 24. 
 
 [part I. 
 
 streets, except in 
 Halifax. 
 
 Annapolis river 
 brirtge under 
 charge of com- 
 missioners. 
 
 Powers of com- 
 missioners. 
 
 Money and fines, 
 liow recovered 
 and applied. 
 
 Notice of action 
 against commis- 
 sioners ; limita- 
 tion. 
 
 Definition of 
 terms. 
 
 arising from duties on licensed houses and shops within their juris- 
 diction, to be apphed by the commissioners to the repair of the 
 streets or the purposes of this chapter. This section shall not ex- 
 tend to the city of Halifax. 
 
 20. The whole of the bridge over the Annapolis river at 
 Bridgetown shall continue under the charge of the commissioners 
 there, whose duty it shall be to see to the proper keeping and re- 
 pair 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. 
 
 21. The commissioners shall have all the powers by law vested 
 in surveyors of highways, and no surveyor of highways shall have 
 any power within their jurisdiction. 
 
 22. Monies and forfeitures payable under the foregoing sec- 
 tions may be sued for and recovered by the commissioners in their 
 name of office as commissioners of streets for the place for which 
 they have been appointed, or in the individual names of them or 
 any of them, in the same manner and with the like costs as if they 
 were private debts, and when recovered shall be apphed by the 
 commissioners to the repair of the streets, or other the purposes of 
 this chapter. 
 
 23. No action shall be commenced against the commissioners 
 or persons acting under them until twenty days' 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 every such action shall be laid and tried in the county 
 within which the commissioners have jurisdiction. 
 
 24. The word " commissioners," when used in this chapter, 
 shall include the commissioners of streets, or the major part of 
 them within their respective jurisdictions, unless otherwise expres- 
 sed or repugnant to the sense ; and the word " streets" shall in- 
 clude highways, lanes and bridges. 
 
 CHAPTER 65. 
 
 OF HIGHWAY LABOR IN THE CITY OF HALIFAX. 
 
 Section 
 1. Labor of teams, &c. in Halifax. 
 2 Persons liable to labor two days. 
 3. Persons liable to labor six days. 
 i. List of persons exempted. 
 
 5. Persons over sixty years liable for team 
 
 labor. 
 
 6. A day's work in Halifax (o be ten work- 
 
 ing hours. ' 
 
 Section 
 Y. Winter labor. 
 
 8. Substitution of men for teams. 
 
 9. Extraliability where more than two horses 
 
 kept. 
 
 10. Horses not employed with trucks or carts, 
 
 how rated. 
 
 11. Fine for neglect to labor. 
 
 12. How recoyered and apphed. 
 
TITLE XIX.] Chap. 65. Sect. 1 — 9. 189 
 
 1. Every person within the city of Halifax keeping a cart, Labor ot teams, 
 team, or truck, shall at the time notified by the commissioners of "' '" 
 streets, send one cart, team, or truck, with two oxen or two horses, 
 
 or with one horse, if he shall own no more, and one able bodied 
 man to drive the same, to labor on the streets of the city, for four 
 days in every year ; and if he shall not attend and labor, he shall, 
 for every day's omission, forfeit, if owning two or more horses, ten 
 shillings, and if owning only one horse, seven shillings. 
 
 2. Every hired servant, minor, apprentice, journeyman, and persons liawe to 
 day laborer shall, at the time notified by the commissioners, and '^'""' '"" ^^^^' 
 provided with the necessary tools directed by the commissioners, 
 
 work for two days. 
 
 3. Every other person able of body between the ages of six- Persons liawe to 
 teen and sixty, shall at the time notified by the commissioners, and * "' "^ ^^"' 
 provided with the necessary tools directed by the commissioners, 
 
 work for six days in every year. 
 
 4. The following persons are exempt from the provisions of List of persons 
 this chapter : — Military persons, and persons holding commissions °''™i''^*- 
 from her majesty in the civil or military departments of the army ; 
 teachers of academies or grammar schools, and licensed school- 
 masters ; the officers, clerks, and persons employed and borne on 
 
 the books of her majesty's ordnance department, naval yard, vic- 
 tualling estabhshment, and naval hospital establishment, in Hali- 
 fax. This latter class of exemptions not to extend to more than 
 forty persons in all, whose names shall be from time to time fur- 
 nished by the heads of the departments to the city clerk. 
 
 5. Persons within the city keeping carts, teams, or trucks, who Persons oyer six- 
 being sixty years old or upwards are exempt from labor under the ^am laLr! 
 foregoing provisions, shall, nevertheless, when summoned so to do, 
 
 send their carts, teams, or trucks, to labor four days. 
 
 6. A day's labor, when mentioned in this chapter, shall mean a day's work in 
 ten working hours, and the labor shall be performed by the person worwng'ho^s'"" 
 liable, either by himself or his hired yearly or monthly servant, to 
 
 be approved of by the overseer. 
 
 7. The commissioners shall, as often as they deem necessary winter labor, 
 during the winter, order the inhabitants to work with their horses, 
 
 oxen, and sleds, on the streets, in order that the same may be ren- 
 dered passable ; and every inhabitant not complying with the or- 
 der shall, for every omission, forfeit ten shillings, but no person 
 shall be compelled to furnish more than one day's labor of himself 
 and team for any one fall of snow, or to work in any case where 
 the fall or drift of snow shall not exceed twelve inches in depth. 
 
 8. When the commissioners shall deem the labor of men more substitution of 
 useful than the employment of carts, teams, or trucks, then the °'™f°'^'*™^- 
 persons by this chapter required to furnish carts, teams, or trucks, 
 
 shall, instead thereof, be required under the like penalties to send 
 two men provided with the necessary tools, and to labor for the 
 time hereinbefore prescribed. 
 
 9. Every person resident in the city, and keeping carts or Extra liability 
 
 ° where more than 
 
190 
 
 Chap. 66. Sect. 1. 
 
 [part I. 
 
 two horses kept, trucks with more than two horses, shall, besides the performance 
 of labor hereinbefore prescribed, pay for the additional horses over 
 two the following sums annually, viz : for a third horse seven shil- 
 lings, and for a fourth and every other horse five shillings each. 
 
 10. Every person resident in the city who may keep horses 
 not employed with trucks or carts, or for which he may not be 
 subject to the labor or payments hereinbefore provided, shall pay 
 for such horses annually, as follows, viz : for one horse seven shil- 
 hngs, for each additional horse five shillings. 
 
 11. Persons not performing the labor on the streets under this 
 chapter, when summoned six days previously by a notice in wri- 
 ting from the commissioners, or any person acting under them, and 
 delivered personally or at the usual place of abode of the party, 
 shall forfeit for each day's labor to which he may be liable three 
 shillings. 
 
 12. Monies and forfeitures under this chapter shall be reco- 
 vered in the name of the city in the same manner and with the 
 like costs as private debts, and the proceeds shall belong to the ge- 
 neral funds of the city. 
 
 Horses not em- 
 ployed with 
 trucks or carts, 
 how rated. 
 
 Fine for neglect to 
 labor. 
 
 How recovered 
 and applied. 
 
 CHAPTER 66. 
 
 OF THE EXPENDITURE OF MONIES ON THE ROADS, 
 
 Section 
 
 1. Commissioners, how appointed. 
 
 2. Commissioners* bonds where sums over 
 
 twenty pounds. 
 
 3. Sums under twenty pounds not to be drawn 
 
 till expended ; over that amount, one 
 third only. 
 
 4. Money, how to be expended •, accounts, form 
 
 of oath, &c. 
 
 5. Contracts, how to be entered into and when 
 
 to be fulfilled. Form. 
 
 6. Contracts in cases under twenty pounds- 
 Form. 
 
 7. Return of commissioner in cases of monies 
 
 expended by contract. Oath. 
 
 Section 
 
 8. Two justices may certify where work is not 
 
 faithfully performed ; proceedings there- 
 upon. 
 
 9. Materials, how provided, where the owner 
 
 of the soil is absent or obstinate. 
 
 10. Number of laborers under one commis- 
 
 sioner ; wages, how paid. 
 
 11. Foremen may be appointed. 
 
 12. Commissioners' per centage and pay j pay 
 
 of men and teams ; working hours. 
 
 13. Encroachments and incumbrances, how pro- 
 
 ceeded against. 
 
 Commissioners, 
 how appointed. 
 
 1. The governor in council shall annually before the fifteenth 
 day of May, and thereafter in cases of necessity, appoint commis- 
 sioners for superintending the expenditure of monies granted for 
 the making and repairing of roads and bridges, and may remove 
 them at pleasure and appoint others in their place ; and the pro- 
 vincial secretary shall furnish the receiver general with a list of 
 the names of the commissioners and the sums to be by them ex- 
 
TITLE XIX.] Chap. 66. Sect. 2—5. 19] 
 
 pended, and shall give the receiver general notice of alterations 
 made in the commissions, and shall, within twenty days after the 
 appointments, have the commissions and the bonds to be entered 
 into by the commissioners, where required, transmitted ready for 
 execution. 
 
 2. The commissioners, when the amount to be expended shall Commissioners' 
 exceed twenty pounds, shall, before entering upon the duties of over twenty ™°" 
 office, give security by bond, with two sureties to the satisfaction p""""*^- 
 
 of two justices of the peace for the county in double the amount of 
 the sum to be by them expended, faithfully to lay out and account 
 for the money according to law ; and the justices shall certify their 
 approbation and the sufficiency of the sureties upon the back of the 
 bond. 
 
 3. The receiver general shall retain in his hands, where the sums under twen- 
 amount shall not exceed twenty pounds, the whole, and in other ^e dr°aTn\i"i°'ex- 
 cases two-thirds of the amount to be expended, until the whole pended; over that 
 
 -,^^ TiT'T amount one-tmrd 
 
 sum shall have been duly laid out. only. 
 
 4. The monies shall be expended by tender and contracts, un- Money how to be 
 less it shall appear to the commissioner that the same or parts countf fonn ^ 
 thereof cannot be so advantageously expended in that manner as oath.&c. 
 
 by day's work, in which case the monies or parts thereof required 
 may be expended by day's work ; but the commissioner who shall 
 expend any monies by day's work shall render an account thereof 
 in writing, under oath, to the receiver general, the oath to be ad- 
 ministered by a justice of the peace, without fee, and to be, as near 
 as may be, as follows : 
 
 "I, A. B., do swear that the annexed [or foregoing account] 
 is just and true, and that the monies by me expended have been 
 feirly and honestly applied for the purposes for which they were 
 granted ; that I procured the best labor in my power to procure, and 
 at the lowest rate of wages, and that the day's work charged in the 
 account has been, in my opinion, more advantageous to the public 
 than if the expenditure of the sum had been made by tender and 
 contract. 
 
 (Signed) A. B., commissioner. 
 Sworn to at , this day of , 18 — , be- 
 fore me. (Signed) C. D.— J. P." 
 
 5. Before entering into any contract, the commissioner shall give b" entered ^nt'J '" 
 notice thereof by advertisenient posted up for ten days previously and when to be 
 in the places usual for pubhc notices in the county, and he shall 
 
 receive sufficient security from the contractor for the performance 
 of the contract within the time specified ; and he shall, where the 
 whole amount to be expended exceeds twenty pounds, pay the con- 
 tractor as the work shall be proceeded in, monies on account, until 
 one third of the amount of the contract shall have been paid ; but 
 shall not pay the remaining two-thirds until the work shall be 
 completed agreeably to contract. Contracts shall be made to ex- 
 pire on or before the last day of September in the year in which 
 they are entered into, except those for the opening of new roads 
 
192 Chap. 66. Sect. 6—7. [part i. 
 
 and the improving such as have not been used for wheel carriages, 
 and for erecting bridges which may be extended until the thirty- 
 first day of October, and the contracts shall be as near as may be 
 in the words following, and shall be binding on the parties thereto : 
 
 ^'"™- " Articles of agreement made this day of , one 
 
 thousand eight hundred and , between A. B., commissioner of 
 
 of the one part, and C. D. of , and E. F. and G. H. of 
 
 , as sureties of the said C. D. of the other part, as follows, 
 
 viz : the said C. D., E. F. and G. H. agree with the said A. B. 
 
 that the said C. D. will, on or before the day of 
 
 next, in a good and workmanlike manner, well and sufficiently 
 
 , to the satisfaction of the said A. B. ; and the said 
 
 A. B. agrees with the said C. D. that he, the said A. B., will pay 
 
 unto the said C. D. the sum of , in manner following, that 
 
 is to say : one third thereof from time to time as the work shall be 
 proceeded in, and the remaining two-thirds when the work shall 
 be completed according to this contract." 
 Contracts in cases 6. Where the sum to be expended on any particular work shall 
 pounds"^" ^ not exceed twenty pounds, it shall not be imperative on the com- 
 missioner to require the contractor to enter into the formal contract 
 hereinbefore prescribed, but it shall be sufficient to make a memo- 
 randum in writing, which shall be binding upon the contractor and 
 his surety, for the due performance of the contract, and upon the 
 commissioner for the payment of the monies agreed on. And the 
 memorandum shall be, as near as may be, in the words following : 
 Form. A. B. of hereby agrees with C. D. of to per- 
 form the following work, viz : and to complete the 
 
 same in a good and workmanlike manner, on or before the • ■ 
 
 day of next. For the due performance whereof, E. F. of 
 
 hereby becomes surety for the said A. B. And the said 
 
 C. D. as commissioner for the performance of the work, hereby 
 agrees with the said A. B. on the due performance of his con- 
 tract, to the satisfaction of the said C. D. to pay him the sum of 
 
 therefor. 
 
 Dated this day of 18 — . 
 
 (Signed) A. B. 
 
 C. D. 
 E. F. 
 Keturn of com- 7. Commissioners expending any monies by contract, shall 
 o? modes' expen- make rotum under oath to the provincial secretary's office, stating 
 ded by contract. ^]jg amount of the different contracts entered into by them, — the 
 oath to be administered by a justice of the peace, without fee, and 
 to be, as near as may be, as follows : 
 Oath. " I, A. B., do swear that the contract referred to in the annexed 
 
 [or foregoing] account, has been faithfully executed, and the money 
 voted for the work has been laid out properly, and to my entire 
 satisfaction. (Signed) A. B. 
 
 Sworn to at this day of 18 — , before me. 
 
 (Signed) C. D.— J. P." 
 
TITLE XIX.] Chap. 66. Sect. 8—13. 193 
 
 And they shall also make return of the contracts, or copies thereof, 
 when exceeding ten pounds. 
 
 8. If two justices of the peace for the county shall certify to Certify where""'^ 
 the governor that the work upon any road or bridge hath not been "'"■'' >« not faith- 
 fadthfuUy performed, or that any contract hath not been faithfully procee'aings"'^ ' 
 executed, the commissioner shall not draw the money entrusted to ""^""p™- 
 him to expend, or the remaining two-thirds thereof, as the case 
 
 may be ; but the general sessions for the county, or a special ses- 
 sions to be called for the purpose, shall inquire into the expendi- 
 ture of the money, the performance of the labor, and the execution 
 of the contract, where one has been entered into, notwithstanding 
 the same may have been performed to the satisfaction of the com- 
 missioner, and shall certify to the governor the particulars of the 
 expenditure, and the sum which, in their judgment, ought to be 
 paid to the commissioner, which sum only the commissioner shall 
 receive from the treasury. 
 
 9. Where it may be necessary or expedient to procure materials Materials how 
 for the repair of the roads, the commissioner, if from the absence thrmntrrf'^the 
 or obstinacy of the owner or possessor of the soil, no agreement obstinate.'^™' °' 
 can be made with him, may enter with workmen, carts, carriages 
 
 and horses, upon any lands, and therefrom, for the repair of the 
 road, dig up and carry away stones and gravel, and cut doAvn and 
 carry away trees, brushes, logs, poles, and brush wood ; and the 
 damage done thereby shall be appraised by three indifferent free- 
 holders, nominated by the nearest justice of the peace for the 
 purpose ; and the sum appraised shall be paid by the commissioners 
 to the owner of the soil, if demanded, within three months after. 
 
 10. There shall not be employed in any one day more than forty Number of labor- 
 laborers to work under one commissioner, and the wages of laborers co^j^sloner ; 
 shall be paid in cash only. ™e<^'' '"'" p^''^- 
 
 11. For every ten laborers daily employed by one commis- Foreman may be 
 sioner, the commissioner 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 laborers generally in the 
 absence of the commissioner. 
 
 12. Commissioners shall be entitled to charge and retain, after Commissioners- 
 the rate of five per cent, on the monies to be by them expended; ply^^ay^Srllen 
 and also four shillings per day for every day they shall have been f"' ^ou"/' '""''" 
 actually employed superintending day laborers, and shall have had 
 
 at least ten laborers at work throughout the day. No foreman or 
 laborer shall be paid more than four shillings per day. No owner 
 of a team, consisting of a cart, driver and two horses, or four oxen, 
 shall be paid more than ten shillings per day ; — and, of a team 
 consisting of a cart, driver, and one horse or two oxen, more than 
 seven shilhngs and six pence per day. The day to consist of at 
 least ten working hours : and the foregoing wages to be paid only 
 where suitable day laborers, teams and drivers, cannot be had at • 
 lower rates for cash. 
 
 13. The commissioners shall examine the breadth of the roads Encroaciments 
 
 25 
 
194 
 
 Chap. 67. Sect. 1—3. 
 
 [part I. 
 
 and incumbran- 
 ces, how provided 
 Hgainst. 
 
 within the hmits of their commission ; and if it shall appear that 
 any encroachment or incumbrance hath been made or placed upon 
 the same, shall forthwith give notice to the owner or possessor of 
 the land adjoining, that unless the road be opened and cleared to 
 its proper width, within thirty days, the person who shall have 
 caused or continued the encroachment or incumbrance will be pro- 
 secuted as the law directs ; and the commissioners shall make an 
 accurate return of the breadth of the roads and of incumbrances 
 thereon to the supreme court or sessions for the county, at its next 
 sitting after their appointment, in order that such proceedings may 
 be thereupon had by the court as may be deemed proper to carry 
 into eiFect the laws in relation to encroachments and incumbrances 
 on the highways. 
 
 CHAPTER 67. 
 
 OF THE PRESERVATION OF ROADS. 
 
 Section 
 
 1. Fine for alterations or encroachments. 
 
 2. Justice on his own view, or the oath of a 
 
 witness, may fine for incumbering roads ; 
 fine how levied. 
 
 3. Side paths preserved by order of sessions. 
 
 4. Fine for destroying trees, &c., between ri- 
 
 vers and highways. 
 5- Bedford Basin road protected. 
 
 6. Incumbrances on the above road forfeited. 
 
 7. Bridges protected. 
 
 8. Carriges on runners to be driven with bells. 
 
 Section 
 9. Width of caiTiages on runners. 
 
 10. Width of loads othay. 
 
 11. Unloaded sleds not to have pointed stakes, 
 
 &c. 
 
 12. Centre of highway to be left on the right. 
 
 13. Persons passing in carriages to leave suffi- 
 
 cient space on the left. 
 
 14. Carriages standing, not to be wi^thin eigh- 
 
 teen inches of the centre of the road. 
 
 15. Fines for offences when to be prosecuted. 
 
 16. How applied. 
 
 Fine for altera- 
 tions or encruach 
 ments. 
 
 Justice on his own 
 view, or the oath 
 of a witness, may 
 fine fur incum- 
 be!in<( roads; fine 
 how levied. 
 
 Sidi- paths preser- 
 vf^d hy order of 
 
 sessions. 
 
 1. If any person shall illegally alter or encroach on a public 
 highway or private road laid out and estabhshed by law, he shall 
 forfeit five pounds. 
 
 2. A justice of the peace on his own view, or on the oath of a 
 witness, may impose a fine not exceeding twenty shillings on any 
 person who shall encumber any road or bridge by placing any thing 
 thereon, to be levied by warrant of distress on the offender's goods ; 
 or in case the offender shall not be known, by sale of the incum- 
 brance, the overplus, if any, being retained for the owner when 
 discovered. If the incumbrance shall be continued, it shall be 
 deemed a new offence. 
 
 3. The sessions may make regulations for preserving the side 
 paths of any public highway, except within the city of Halifax, 
 from being injured ; and every person guilty of a breach of the 
 regulations, shall forfeit not less than fiye nor more than fifty 
 shillings. 
 
TITLE XIX.] Chap. 67. Sect. 4—15. 195 
 
 4. If any person sball destroy or iniure any trees or under- I'me for desuoy- 
 
 1 .•'^ ilini-ii • 11 iiig trees, .^c, I).- 
 
 wood. growing upon the land lying between any river, lake or arm tween i ivei-s .w^ 
 of the sea, and any public highway running within thirty feet of the ''«''"''>'''■ 
 margin thereof, he shall forfeit a sum not exceeding forty shillings. 
 
 5. If any person shall injure or destroy any trees or under- Bedfoni Basia 
 wood growing between the road leading round Bedford Basin from ""^'^ P'otected. 
 the three mile house to Sackville bridge, and the waters of the 
 
 basin, at any place where the bank shall not be of greater width 
 than twenty feet from the eastern side line of the road, or shall, 
 from any place above high water mark, where the bank shall not 
 be of greater width than before mentioned, unless for agricultural 
 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 oifence, 
 forty shillings ; and in default of payment, or goods whereon to 
 levy, he shall be committed to jail for not less than ten, nor more 
 than thirty days. 
 
 6. All incumbrances found on the ditches or tract of the road, incumbrances on 
 in the last section mentioned, shall be forfeited, and may be dis- forfeited. 
 posed of by the surveyor of highways, without any legal procee- 
 dings, and the proceeds shall be applied by the surveyor to the repair 
 
 of the road. 
 
 7. No person shall trot or gallop any horse over a bridge Bridges protec- 
 within, or partly within this province, of greater length than 
 twenty-five feet. 
 
 8. Carriages on runners driven on the highway shall have carriages on run- 
 affixed to the harness two good open bells, or four good round bells, Sbeiis^. 
 such as are commonly used in sleighs. 
 
 9. Carriages on runners used for the conveyance of loads on widaofcania- 
 the highway, shall be not less than four feet wide from outside to s"""^"^""""'- 
 outside. 
 
 10. No load of hay or straw of greater width than fourteen width of loads of 
 feet, shall be drawn on a highway. 
 
 11. No unloaded sled shall have pointed stakes standing, or ™?^'!^*f "^j'^t. 
 frames or projecting pieces outside. ed stakes, &c. 
 
 12. Persons in driving upon the highway shall leave the centre ^™'tobe''Son 
 of the road on their right hand. the right. 
 
 13. Persons attempting, when driving, to pass another carriage ?f™"?J|f^j^°s 
 on the highway leading in the same direction, shall leave a suffi- leave suBicient 
 cient way open on their left hand for the carriage which they are "'"""' °" """ '''^'' 
 about to pass. 
 
 14. Carriages standing on the highway shall not be nearer the carriages stan- 
 centre of the road than eighteen inches, and on the proper side within eighteen 
 
 , p Inches of the een- 
 
 tnereOI. _ tre of the road. 
 
 15. Persons violating any of the provisions of the last eight Pines for offences 
 sections shall, for every offence, forfeit ten shillings ; and in default cum.'" ''" '"'°'^' 
 of payment, or goods whereon to levy, shall be committed to jail 
 
196 
 
 Chap. 68. Sect. 1—3. 
 
 [part I. 
 
 for not more than forty-eight hours ; but the prosecutions must be 
 commenced within forty-eight hours after the offence. 
 How applied. 16. Forfeitures under this chapter, not specifically appro- 
 
 priated, shall be appHed under the directions of the sessions to the 
 repair of the roads and bridges. 
 
 CHAPTER 68. 
 
 OF SUPERVISORS OF PUBLIC GROUNDS. 
 
 1. Supervisors how appointed. 
 
 2. Title of public grounds, &c., to be vested in 
 
 supervisors. 
 
 3. Leases of, how made } accounts to be iiled ; 
 
 rent how applied. 
 
 4. Lands and property excepted from the ope- 
 
 ration of this chapter. 
 
 5. Encroachments upon roads, how dealt with; 
 
 proceedings in cases of dispute. 
 
 6. Fine for disobeying supervisor's or sessions* 
 
 order. 
 
 7. Expensei how borne and recovered. 
 
 Section 
 
 8. Order of supervisors, how proved. 
 
 9. Record to be signed, and filed. 
 
 10 . Appeal from order. 
 
 11. Costs of appeal how paid if order confirmed. 
 
 12. When order reversed, costs how paid. 
 
 13. Supervisors may take order for widening 
 
 roads. 
 
 14. Proceedings to be had at sessions. 
 
 15. Sessions may appoint three freeholders to 
 
 lay off road *, subsequent proceedings. 
 
 16. Width of road. 
 
 17. Roads affected by this chapter. 
 
 Supervisors how 
 appointed. 
 
 Title of pubUc 
 grounds, &c., to 
 be vested in su- 
 pervisors. 
 
 Leases of, how 
 made, accounts 
 to be filed ; rent 
 how applied. 
 
 1. The grand jury in each county or district shall, on the ap- 
 phcation of twenty freeholders of any township, appoint six persons 
 resident in such township, out of whom the sessions shall appoint 
 three to be supervisors of public grounds, and the sessions, upon 
 the recommendation of the grand jury, may remove them, or any 
 of them, and vacancies shall be suppUed by the grand jury recom- 
 mending double the number of persons necessary to supply the 
 same, out of whom the sessions shall appoint the number required, 
 and the clerk of the peace shall keep a record of such appoint- 
 ments, removals, and vacancies, and the dates thereof; and such 
 supervisors shall be a body corporate, by the name of " the super- 
 visors of public grounds for the township of ." 
 
 2. The legal title of and in all public parade grounds and pub- 
 lic landings within the township, and of all commons and other 
 lands not belonging to the county or district 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 ap- 
 pointment, vest in the supervisors for the original purposes for 
 which they were intended. 
 
 3. The supervisors may, by direction of the grand jury and 
 sessions, lease any such lands not required for public uses for any 
 period not exceeding seven years ; and they shall annually render 
 
TITLE XIX.] Chap. 68. Sect. 4—7. 197 
 
 to the sessions an account of monies by them received for rents, 
 and of expenses connected with the letting, to be audited by the 
 grand jury and sessions and then filed in the office of the clerk of 
 the peace ; and the balance of such rents, after deduction of the 
 expenses, shall be by the supervisors paid to the overseers of the 
 poor for the township, or -where there shall be more than one poor 
 district in the township then such balance shall be equally divided 
 among the different districts, and paid to the overseers thereof re- 
 spectively. 
 
 4. Nothing in the preceding sections contained shall extend to i^^nds and pro- 
 
 1 i? J- • 1-- t, • 1 J 11 J perty excepted 
 
 any place ot divme worship, burial ground, college, academy, from the opera- 
 school, or any land thereto belonging, or any land belonging to «™»ft'''s''''^p- 
 any reUgious congregation or society, or shall deprive any person 
 of any right lawfully acquired, or affect any lands or buildings now 
 vested in trustees. 
 
 5. Whenever the supervisors shall deem a road encroached Encroachments 
 
 ^ 1 ^1 . -,. . 11, !• , upon roads, how 
 
 upon or encumbered, and in all cases where a doubt or dispute dealt with ; pro- 
 shall exist as to the true hne of a road, or as to which side is en- „? dl^uu" "'"'^^ 
 croached 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 hne is in dispute, or the parties who may have caused 
 the encroachment or incumbrance, of the time and place at which 
 they will investigate the matter, shall repair to the place where the 
 encroachment or incumbrance shall be alleged to exist or the line 
 be in dispute, and there inquire into the facts, and, if necessary, 
 may then, or at a future day, have a 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 
 incumbrances to be removed to such distance as they shall deter- 
 mine on, but they shall not cause to be removed any building 
 erected upon the road ; but where a building shall be found to en- 
 croach thereon, they shall report the same to the next sessions, and 
 the sessions shall make such order in relation thereto as may be 
 deemed proper. 
 
 6. If any person shall not obey the order of the supervisor or rme for disobey 
 sessions delivered to him in writing, within thirty days after recei- or^aSna' order. 
 ving the same, he shall forfeit twenty shilhngs ; and if the encroach- 
 ment or incumbrance 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 twenty shillings ; and so in hke manner shall every further con- 
 tinuance of the encroachment for twenty days be held a new of- 
 fence, and the further fine of twenty shillings be imposed therefor. 
 
 7. The supervisors may apportion and order the payment of the Expenses how 
 expenses incident to the proceedings. hereinbefore mentioned, among cowed" 
 
198 Chap. 68. Sect. 8—15. [part i. 
 
 and by such persons as shall appear advisable, and the same shall 
 be recoverable by the parties entitled thereto, as if it were a pri- 
 vate debt of the like amonnt. 
 Order of suporvi- g. In any suit under either of the two preceding sections, the 
 SOI, ow piov . pj.Q^Qg(JQ]j Qf ^ (jQpy of ^^g order of the supervisors under their 
 hands, or of the order of sessions, under the hand of the clerk of 
 the peace — ^proof of the hand writing being in either case given, 
 shall be good evidence of the order, and shall suffice to establish 
 the claim of the plaintiff. 
 Record to be sign- 9. The sttpervisors shall make a record of their investigations 
 ' '^° * ■ and order, setting out therein the lines of road by them estabhshed, 
 which record shall be signed by them, and be returned to the clerk 
 of the peace to be filed in his office. 
 order' '™°' ^^- -^^J person dissatisfied with the order of the supervisors, 
 
 or of the sessions, may appeal therefrom to the next supreme 
 court of the county, where the matters in dispute shall be tried 
 and determined by the verdict of a jury, if a jury shall be ordered 
 by the court, and pending the appeal, no further proceedings 
 shall be had under the order. 
 Costa of appeal, H. If judgment, on appeal, shall confirm the order, then the 
 cSmed! "" °' cost 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 conse- 
 versed, costs how q^gjj^ thoreou, as wcU as the expenses attending the making of the 
 order, shall be paid in the first instance by the supervisors, but 
 shall form a county charge, and be refunded to them, together with 
 their own reasonable charges. 
 S'ke OTde"f°^^ 13. Where a road shall have been opened and used as a pubhc 
 widening roads, highway, and the same, although not encroached upon, has been 
 originally laid off too narrow, or shall have been made public by 
 use only, and the supervisors shall deem it proper to widen the 
 same, they shall notify the parties in possession of the lands on 
 both sides of their intention to widen the road, and that apphcation 
 for that purpose will be made to the next sessions. 
 Proceedingfl to be 14. The supcrvisors shall, at the next sessions, submit to the 
 had at sessions. pQ^j.). ^jjgjj. appHcatiou 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 pro- 
 prietors of the land as to compensation for land and fencing, shall 
 at the same time submit it ; and if the court are satisfied of the 
 propriety of widening the road, and shall approve of the agreement 
 so made, they shall make an order for widening the road, specifying 
 the breadth to which it shall be extended, and confiLrm the agree- 
 ment made — which order shall be final, and the supervisors shall 
 proceed to widen the road accordingly. 
 Sessions may ap- 15. In casc uo agreement shall have been made, or the sessions 
 holders' to'^ia/ off shall uot approvc of the agreement, but shall be satisfied of the 
 PTOeetogs.'*''™' propriety of widening the road, they shall appoint three disinte- 
 rested freeholders, one to be nominated by the supervisors, one to 
 
MTLB XIX.] Chap. 69. Sect. 1. 199 
 
 be nominated by the possessors of the lands, or, on their omission, 
 by the sessions, and the third to be nominated by the sessions, and 
 shall issue their precept to the three freeholders, directing them to 
 lay off and mark out the road to the width directed, in the way 
 most conducive to the public good, and least prejudicial to the pro- 
 prietors of the lands. And all further proceedings in reference 
 to the widening of the road, whether upon appeal or otherwise, 
 shall be had in the manner prescribed by the sixty-first chapter of 
 this act, in regard to opening new roads or altering old ones, 
 except that the propriety of widening the road shall not be inquired 
 into, and the damages appraised shall form a county charge ; but 
 no fencing shall be paid for except as directed under the last men- 
 tioned chapter. 
 
 16. No road shall be opened under the last three sections to a width of road. 
 greater extent than sixty-six feet. 
 
 17. The provisions of this chapter shall extend to roads upon Eoads affected by 
 which grants of monies may have been made by the legislature — 
 to roads which have been open for the use of the public for twenty 
 years, and to roads upon which statute labor may have been per- 
 formed, except private or pent roads, whereon the statute labor 
 may have been performed by direction of the sessions, but shall in 
 no case apply to roads which have been abandoned. 
 
 this chapter. 
 
 CHAPTER 69. 
 
 OF CLOSING ROADS. 
 
 Sbction 
 
 1. Old roads may be closed by sessions on pe- 
 
 tition ; proceedings prescribed. 
 
 2. Parties who may be heard ; appeal allowed. 
 
 Section 
 3. Where owner of adjoining lands is dead, 
 who to be considered the proprietor. 
 
 1. Where a line of road has been altered, and the old road has cm roads may bs 
 been abandoned by the public as a general thoroughfare, any of the on'petitfon*^"""- 
 proprietors of land adjoining the old road, may, by petition stating ^^^■''"^^ prescn- 
 the facts, and the names of all persons interested in the lands on 
 either side of the road, apply to the sessions to shut up or other- 
 wise dispose of the same, — which petition shall be accompanied by 
 an affidavit that at least thirty days' previous notice in writing of 
 the apphcation has been given to the parties interested, and posted 
 up in two public places near the road ; and the sessions shall hear 
 the parties applying, and their witnesses, and also the parties noti- 
 fied, if they shall desire it, and their witnesses ; and shall make an 
 orderj either dismissing the application, or granting, or modifying 
 the same. Persons dissatisfied with the order, may appeal there- 
 
200 Chap. 70. Sect. 1—3. [part i. 
 
 from within ten days, to the next sitting of the supreme court, and 
 the clerk of the peace shall thereupon return the proceedings to the 
 supreme court, who shall examine them, and if deemed advisable, 
 hear the parties appearing, and their witnesses, and shall make 
 order as shall seem right therein. The order of the sessions, if 
 not appealed from, and the order of the supreme court in case of 
 appeal, to be conclusive. 
 Parties who may 2. Pcrsons, although not interested in lands adjoining or near 
 
 be heard \ appeal , ^ -, I , . ^ ,, -, .*'t9. 
 
 allowed the road, and their witnesses, may be heard against the closing or 
 
 disposing thereof, and may appeal from the order of sessions. 
 Where owner of 3. If any laud adjoining the road shall have been the property 
 de£ri°who''to'be of a person deceased, and be not divided among 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 proprie-. 
 tors. 
 
 considered the 
 proprietor. 
 
 CHAPTER 70. 
 
 OF RAILROADS. 
 
 Section 
 
 1. Bells or whistles to be kept on engines — 
 
 when to be rung or sounded. 
 
 2. Painted boards, at crossings. 
 
 3. Gates and keepers at crossings may be or- 
 
 dered by sessions. 
 
 4. Fine for violation of preceding sections. 
 6. Fine for obstructing railroads. 
 
 Section 
 6. Fine for going upon, or leading animals on, 
 
 rail road. 
 *J. Fine for cattle trespassing on rail road limits. 
 
 8. Imprisonment when no goods to satisfy fine. 
 
 9. Special constables how appointed ; their 
 
 badge and duty. 
 10. Definition of terms. 
 
 Bells or whistles 1. The proprietor of any railroad whereon any locomotive en- 
 
 ^nes-whenVbe' S^^^ ^^^^^ ^^ ^^^> shall causc a Suitable bell or steam whistle to be 
 
 rung or sounded. £ept On cvcry engine while running, and which shall be rung or 
 
 blown at the distance of at least eighty rods from every place where 
 
 the rail crosses any other road upon the same level with the rail, 
 
 and shall be kept ringing or sounding until the engine has crossed. 
 
 Painted boards at 2. The proprietor of every such railroad shall cause boards to 
 
 crossings. ^^ placed, well supported by posts and constantly maintained, 
 
 across every road at every place where crossed by the rail on the 
 
 same level ; such boards and posts to be of a height to be easily 
 
 seen by travellers without impeding the travelling ; and on each 
 
 side of the boards shall be painted, in capital letters at least nine 
 
 inches high, the following inscription, to be kept always plainly 
 
 legible : " railroad crossing, — ^look out for the engine." 
 
 Gates and keepers 3. Upou application to the scssions. Setting forth that in addi- 
 
 beorderSbyS tion to the foregoiug provisions it is necessary for the security of 
 
TITLE XIX.] Chap. 70. Sect. 4 — 9. 201 
 
 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 
 sessions 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 pubhc, shall make an order accordingly, with which order 
 the proprietor shall comply ; but no such order shall be made un- 
 less a summons, to be issued by the clerk of the peace, setting 
 forth the nature of the application, shall be served on the manager 
 or person having charge of the railroad, or some known agent of 
 the proprietor thereof, actually employed in and about the rail- 
 road, at least fourteen days before the first day of the sitting of 
 the sessions at which the investigation shall take place, requiring 
 cause to be shewn against such application. 
 
 4. If any proprietor shall violate any of the provisions of the I'ine for violation 
 three preceding sections, he shall, for every offence, forfeit a sum tions"^^ '"^ '™ 
 not exceeding fifty pounds. 
 
 5. If any person shall maliciously obstruct the passing of any mm for obstruc- 
 engine or carriage along any railroad, or shall maliciously place ''"^ railroads. 
 any thing on such railroad calculated to obstruct the passing of 
 
 any engine or carriage, or to injure or endanger the same, or shall 
 maliciously injure such railroad or any thiug thereto appertaining, 
 or any materials or implements for the construction or use thereof, 
 such person, and also every person abetting the offence shall forfeit 
 a sum not exceeding fifty pounds. 
 
 6. If any person, after any such railroad shall be opened for rine for going up- 
 use, shall himself go thereon, or shall ride, drive, or lead any °^i]^l^'S^a. 
 animal thereon without the consent of the proprietor, he shall for 
 
 every offence forfeit twenty shilhngs ; but nothing in this section 
 shall prevent the passing across the railroad where the same is 
 crossed by any other road on a level therewith. 
 
 7. If any animal shall be found going at large within the limits rine for cattie 
 of any such railroad after the same is opened for use, the person raiiroad'Ss'. 
 through whose neglect the same shall occur shall for every offence 
 
 forfeit five shillings ; provided the railroad shall have on the sides 
 thereof where it shall not cross some other road on the same level, 
 a lawful fence. 
 
 8. If any person convicted under any of the three preceding impriaonment 
 sections shall not pay the judgment, and no goods can be found to'sTtisfy ^e' 
 whereon to levy, he may be imprisoned for a term not exceeding 
 
 one day for every five shillings of the amount of the judgment ; 
 such term in no case to exceed three months. 
 
 9. In order more effectually to prevent breaches of the fore- special constables 
 going regulations, the general sessions or any special sessions, JheTrteS'ge'lnci 
 not interested in the railroad or connected therewith, may appoint ''"'y- 
 
 and swear in constables for such railroad, to be nominated by the 
 proprietor ; and such constables shall be stationed at such places 
 26 
 
202 Chap. 71. Sect. 1. [paet i. 
 
 as may be deemed necessary, at the expense of the proprietor, and 
 shall carry such distinguishing badge when on duty as the general 
 or special sessions shall direct, and shall have all the powers of 
 constables in preventing such breaches, and for apprehending of- 
 fenders and taking them before justices of the peace, and for pre- 
 serving pubhc peace and order on and within the limits of the rail- 
 road. 
 ?erm°s''°°°' ^^' ^^® ^^'''^ "proprietor," when used in this chapter, shall 
 
 include his agents and servants ; and the word "road" shall in- 
 clude streets, lanes, and highways. 
 
 CHAPTER 71. 
 
 OP CERTAIN BRIDGES AND PUBLIC LANDINGS. 
 
 Section 
 
 1. Wharves, landings, and certain bridges to be under the control of the sessions. 
 
 dlngrandc^ertain ^- '^^^ sossious shall havc the control of all public wharves 
 bridges to be un- and Bublic landings, and of all draw bridges, and also of the fol- 
 
 der the control of • o / o ' 
 
 the sessions. lowing Other bridges, viz : — Lake Porter bridge, in the county of 
 Halifax, the bridge over Sissaboo Kiver, in the county of Digby, 
 and Bear River, dividing the counties of Annapolis and Digby, 
 which latter bridge, for the purposes of this chapter, shall be con- 
 sidered wholly in the county of Digby, and the sessions may make 
 orders for the preservation and proper keeping thereof, and may 
 appoint persons to superintend the same, who shall in such case 
 be sworn to the faithful discharge of their duties before a justice of 
 the peace, and the sessions may affix penalties for the breach of 
 any such orders, not exceeding in any one case three pounds, and 
 may also impose charges on vessels lying at, and goods landed on, 
 such wharves or landings, and may direct the mode of recovery 
 and apphcation of such penalties and charges ; but nothing herein 
 contained shall aifect rights conferred by any act of incorporation 
 in relation to any such draw bridge, pubUc wharf or pubhc lan- 
 ding. 
 
TiiLE XIX.] Chap. 72. Sect. 1—5. 203 
 
 CHAPTER 72. 
 
 OF FEREIBS. 
 
 Seohos 
 
 1. Ferries and ferriage to be established and 
 
 regulated by sessions. 
 
 2. Lennox Passage, and the Gut of Canso, to 
 
 have a ferryman on each side. 
 
 Section 
 3 Duty of ferrymen. 
 
 4. Fine for neglect of duty ; further liability. 
 
 5. Fine for interfering with ferrymen's privi- 
 
 1. The sessions may establisli ferries over harbors, bays, rivers Ferries and ferri- 
 and creeks within their counties or districts, and agree with and bfished^Ld rtgu- 
 grant licenses to ferrymen on one or both sides thereof, under the '"''^'^ ^^ sessions. 
 regulations, and at the rates of ferriage by the sessions establish- 
 ed or to be estabhshed. 
 
 2. At the Lennox passage, in the Island of Cape-Breton, and Lennox Passage, 
 at the Gut of Canso, there shall be at least one ferryman appointed oanso,''to have "a 
 
 on each side. ferryman on each 
 
 3. Ferrymen shall keep safe and good boats, or vessels in good Duty of ferrymen. 
 repair, and suitable for the ferry, and give ready attendance on 
 passengers, according to the regulations. 
 
 4. Ferrymen not complying with the regulations, or receiving Fine for neglect 
 more than the established rate of ferriage, or neglecting to keep uawuty.' '"""^'' 
 boats or vessels, or to give attendance as hereinbefore directed, shall 
 
 forfeit for every offence not less than ten nor more than forty shil- 
 lings, and shall be further liable to an action on the case for damage 
 by any person sustained from the neglect. 
 
 5. When a ferry has been established, and the ferryman licensed. Fine for interfe- 
 if any other person shall carry over the harbor, bay, river or creek, men's^prMegra" 
 whereon the ferry is estabhshed, any person, cattle or carriage, for 
 
 hire, unless by consent of the licensed ferryman, or on his not 
 giving due attendance, he shall for every offence forfeit not less than 
 five nor more than twenty shillings, to the use of the person suing ; 
 and in default of goods whereon to levy, the person convicted shall 
 be committed to jail, for not less than five nor more than ten days, 
 to be in the execution expressed, unless the amount shall be 
 sooner paid ; but if the Ucensed ferryman shall not give attend- 
 ance pursuant to the regulations, then any other person may sup- 
 ply his place, and receive pay as if licensed, until another shall be 
 appointed. 
 
204 
 
 Cjhap. 73. Seco!. 1—2. 
 
 [part I. 
 
 TITLE XX. 
 
 OF SEWKRS, COMMONS, ANO COMMON FIELDS. 
 
 CHAPTER 73. 
 
 OF COMMISSIONERS OF SEWERS AND THE REGULATING OF DIKED 
 AND MARSH LANDS. 
 
 Section 
 1. CommiBsions already issued to continue in 
 
 force, 
 ■J. Commissioners how appointed and sworn in; 
 
 clerk to be appointed and sworn. 
 
 3. Commissioners how chosen to carry on 
 
 work i how dismissed. 
 
 4. Powers of commissioners for carrying on 
 
 works ; new works how begun. 
 
 5. Overseers may be appointed ; how sworn. 
 
 6. Notice to be given proprietors. 
 
 7. Assessment to be made, and for what pur- 
 
 poses. 
 
 8. Rates exceeding seven shillmgs and six 
 
 pence per acre, how assessed. 
 
 9. Meadow and swamp lands assessed for ori- 
 
 ginal draining as in last section. 
 
 10. Assessment when agreed to unanimously 
 shall be valid as other rates. 
 
 11 Fines, rates and assessments, how recover- 
 ed J private set off disallowed. 
 
 12. Lands may be leased for payment of rates. 
 
 13. May be sold, if rents not sufficient. 
 
 14. Land only liable where owner hath not 
 
 agreed to the works. 
 
 15. Deficiencies of rates, how levied and collec- 
 
 ted. 
 
 16. Actions by owners, &c., against commis- 
 
 sioner for work, &c. when sustainable. 
 
 17. Owners and occupiers required to furnish 
 
 labor ; fine for neglect. 
 
 18. Damage for sods or soil how assessed. 
 
 19. Record to be kept by clerk ; fees for inspec- 
 
 tion and extracts. 
 
 20. Salt marshes liable in certain cases to ex- 
 
 penses of breakwaters. 
 
 Section 
 
 21. Expense to be ^sessed upon the parts be- 
 
 nefitted. 
 
 22. Competency of clerks and other officers as 
 
 witnesses. 
 
 23. Commissioner shall not be clerk. 
 
 24. Plans when necessary, how obtained. 
 
 25. Outer dikes protecting lands enclosed by 
 
 inner dikes, how kept in repair. 
 
 26. Outer dikes ceasing to protect inner dikes. 
 
 27. Proprietors interested in inner dikes may 
 
 take proceedings to compel repairs of outer 
 dikes. 
 
 28. Dikes injured by pasturage or roads, how 
 
 repaired. 
 
 29. Applications for drainage, how made •, duly 
 
 of commissioners thereon. 
 
 30. Proprietors dissatisfied with rates may have 
 
 assessors chosen, whose decision shall be 
 final. 
 
 31. Mode of procedure where the provisions of 
 
 last section are not complied with. 
 
 32. Damages to lands of persons not applicants, 
 
 how valued and assessed. 
 
 33. Cases of two proprietors, but neither owning 
 
 two thirds, how provided for. 
 
 34. Certiorari for removing proceedings into 
 
 supreme court. 
 
 35. Fines for clerks and other officers neglecting 
 
 duty. 
 
 36. Notices may be verbal, unless otherwise 
 
 specified. 
 
 37. Two thirds of proprietors may choose col- 
 
 lectors and other officers, settle rates of 
 wages, &c. &c. 
 
 38. Commissioner how far liable for his prede- 
 
 cessor's acts. 
 
 Commissions ai- 1. All commissioiis issucd for the appointment of commission- 
 coniume'in'force. ^rs of scwors shall contlnue in force till the governor in council 
 
 shall otherwise direct. 
 £""'^^0*^"^ ^* ^^^ governor in councilj at the request of any of the pro- 
 
 md sworn in ; prietors of any marsh, swamp, or meadow lands, may appoint one or 
 
tixitB XX.] Chap. 73, Sect. 3—7. 205 
 
 more commissioners of sewers for the county, township, or place ciei-t to be ap- 
 where such lands lie, who shall be sworn into office by a justice of 3w"m. ™ 
 the peace, and such swearing shall be entered in the commissioners' 
 book of record, which shall be evidence of the fact ; and the com- 
 missioners shall appoiat a clerk, who shall be sworn into office by 
 one of the conmiissioners, and the swearing shall be entered in the 
 book of record, which shall be evidence of the fact. 
 
 3. Two thirds in interest of the proprietors of any marsh, commissioners 
 swamp, or meadow lands within the jurisdiction of such commis- oarry°on work"; 
 sioners may, by themselves or their agents, select one or more ''"w dismissed. 
 commissioners to carry on any work for reclaiming such lands ; 
 
 and they may at any time add to or diminish the number of com- 
 missioners 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 in- 
 terest in such lands, and shall be entered in the book of record or 
 filed by the clerk. Whenever any marsh, swamp, or meadow 
 lands He partly in two counties, one or more commissioners of 
 sewers may be chosen therefor out of one or both the counties in 
 which such lands lie. 
 
 4. The commissioners so chosen may require the proprietors of Powers otcom- 
 such lands to furnish men, teams, tools, and materials to build or rariTing'^on 
 repair any dikes or wears necessary to prevent inundation, to dam, ^Ssiow begun. 
 flow, or drain such lands, or to secure the same from brooks, ri- 
 vers, or the sea, by aboiteaux or breakwaters, or in any way they 
 
 may think proper, and in case of neglect may employ men and 
 teams, and provide tools and materials for that purpose at the ex- 
 pense of such proprietors ; the commissioners so chosen shall con- 
 sult 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 prac- 
 ticability of the work, or any thing 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 proprietors of overseers may be 
 such lands one or more overseers to assist them, who shall be sworn swom° ^ ' 
 
 by one of the commissioners. 
 
 6. Commissioners shall in ordinary cases cause three days' no- Notice to be given 
 tice, exclusive of Sundays, to be given to the proprietors of lands, p™p"^'"'^- 
 
 or to their known agents where they reside within ten miles of the 
 place where the labor is required to be done, to attend and furnish 
 labor and materials ; but in cases of sudden breaches in any 
 works, or apprehension thereof, the immediate attendance of each 
 proprietor may be required. 
 
 7. The commissioners so chosen may assess the owners or oc- Assessment to be 
 cupiers of such lands for any expenses incurred by them or their whLt'pm-poses. 
 predecessors, whose accounts remain unsettlesl, for dikes, wears, 
 
 drains, aboiteaux, or breakwaters, including seven shillings and 
 
206 Chap. 73. Sect. 8—13. [parti. 
 
 six pence per day for every commissioner while actually employed, 
 and a reasonable sum for the payment of the clerk, overseers, and 
 collector, having regard to the quantity and quality of land of each 
 owner or occupier, and the benefit to be by Mm received. 
 Eates exceeding g. Where any rate shall exceed sevcu shillings and six pence 
 and six pence per an acro ou the whole quantity of rateable land the commissioners 
 acre, how assess- ^^^^jj gummon the owners or occupiers of such land, or their 
 known agents, or such of them as shall reside within ten miles of 
 the work, to meet at a certain place and at a certain time, not less 
 than three days exclusive of Sunday, after service of such sum- 
 mons, when two thirds in interest of the owners or occupiers pre- 
 sent may elect not less than three 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 in- 
 curred, including a sum not exceeding seven shillings and six pence 
 a day for each assessor while actually employed. 
 Meadow and 9. An assessmcut may be made in the same way in respect of 
 
 srasS'for "origtaai mcadow lauds and swamps for the original opening or draining 
 draining as in last thereof although the rate be less than seven shillings and six pence 
 
 an acre on the quantity of rateable land. 
 Assessment wtien 10. If the owuers or occupiers, or their agents, attending such 
 ^usiy 'shauTe meeting shall unanimously agree to an estimate and assessment in 
 rates"'""""' writing, to be entered in the books of the commissioners, it shall 
 
 be vahd and binding, as any other rate or assessment. 
 Tines, rates, and 11. All fincs, rates and assessments, shall be recovered by and 
 recoverarfpru™ 11 the namos of the commissioners so appointed and chosen, with 
 vatesetoffdis- (jog^s as if the same were private debts ; and a copy of the assess- 
 
 aliowed. n i i i • t ip 
 
 ment, or ot such part as may relate to the particular rate sued tor, 
 shall be sufficient proof of the assessment having been made, and of 
 the liabihty of the OAvner or occupier of the land in question to pay 
 the same ; and no fine, rate, or assessment shall be subject to any 
 set off of a private nature, or be connected with any private claim 
 on the part of the plaintiff. 
 Lands may be 12. When uo goods of any owner or occupier of such lands can 
 ment ot°raS" bc fouud withiu the couuty 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. 
 May be, sold, it 13. If any such lands cannot be let for a sufficient sum to pay 
 the rate and expenses, the sheriff or his deputy, at the request of 
 the commissioners, shall sell the same, or so much thereof as is 
 necessary to pay the rate and expenses, having given three months' 
 previous notice of the time and place of such sale, by handbills, 
 posted in at least three of the most public places in the township 
 where such lands fie ; and shall execute and deliver to the pur- 
 chaser a valid deed of such lands, — for which deed, and his atten- 
 
 rents not suffi- 
 cient. 
 
TITLE XX.] Chap. 73. Sect. 14—21. 207 
 
 tion about the sale, he shall be entitled, out of the proceeds, to 
 ten shillings. A recital in the deed of such handbills having been 
 duly posted, shall be presumptive evidence of the fact. No school 
 or glebe lands shall be sold under this chapter. 
 
 14. Where the present or former owner or occupier of any Land only liawe 
 land, or his known agent, shall not have agreed to the building of Mt^a^JIISTo''''"' 
 any dike, wear, aboiteau or breakwater, or to the damming, flow- ""^ ™''''^- 
 ing or draining of such land, the land only shall be liable for the 
 
 rate or assessment. 
 
 15. Any deficiency in the amount of a rate may be levied and Deficiencies of 
 
 n , T . • 1 , rates, how levied 
 
 collected as an original rate. and collected. 
 
 16. No commissioner shall be liable to an action for any de- Actions by own- 
 mand for work or materials furnished by the owner or occupier, or commis's'ionfrfor 
 his agent, until all rates and expenses thereon against the lands of Samawe/'^''^" 
 such owner or occupier shall have been paid, nor until after a rea- 
 sonable 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. 
 
 17. Every owner or occupier of such lands, or their agents, owners and ocou- 
 
 1.111 'iT-j-T- •• 'J J. i* piers required to 
 
 shall, when required by the commissioners, provide, at a certain fm-nish labor; fine 
 time and place named, a sufficient number of laborers, with tools, f'"'"'=s'«<='- 
 carts and teams, in proportion to the quantity of land owned or oc- 
 cupied ; and for each day's neglect, in case of a sudden breach, or 
 the apprehension of one, shall pay, besides his rate or assessment, 
 a fine of five shillings for each laborer, and a like sum for each 
 cart or team so required. All fines when recovered to be applied 
 for the benefit of such lands generally. 
 
 18. When sods or soil shall be cut off the land of any proprie- D™ag<= for sods 
 
 TT T . "11 ' p T1 • 1 or soil how assess- 
 
 tor, diked in common with other proprietors, lor diking the same, ed. 
 or such lands shall be washed away, or diked out, or injured by 
 carting over the same by order of the commissioners, such damage 
 shall be valued, assessed and paid as other dike rates. If there be 
 any lands so reclaimed, lying undivided and in common, the same 
 shall be, as far as it may be available, allotted to the party injured, 
 and the balance only, if any, assessed as above. 
 
 19. The clerk of the commissioners shall keep a record of all Record to be kept 
 their proceedings, and a fair account of all monies expended by in^spectiokand ""^ 
 them, open to the inspection of aU persons interested therein, on ***='^- 
 payment for each search and examination of the book at one time 
 
 of one shiUing ; and a copy shall be furnished to every person inte- 
 rested, when demanded, on payment of six pence for every ninety 
 words. 
 
 20. Whenever by the making or repairing of a breakwater, sait marshes ua- 
 salt marsh lying outside the same shall be benefitted thereby, the caleTto^ex^nses 
 same shall be taxed and assessed, towards the expense of the break- "'•'rs^kwaters. 
 water, in proportion to the benefit derived. 
 
 21. Whenever in the draining of any swamp or meadow land Expense to be as- 
 a part shall be benefitted, the proportion of the expense shall be parts benefitted. 
 assessed on that part only. 
 
208 
 
 Ghap. 73. Sect. 22—27. 
 
 [PAKT I. 
 
 Competency of 
 clerks and other 
 officers as wit- 
 nesses. 
 
 Commissioner 
 shall not be clerk. 
 
 Plans when neces- 
 sary, how obtain- 
 ed. 
 
 Outer dikes pro- 
 tecting lands en- 
 closed by inner 
 dikcSjhow kept in 
 repair. 
 
 Outer dikes cea- 
 sing to protect 
 inner dikes. 
 
 Proprietors inte- 
 rested in inner 
 dikes may take 
 proceedings to 
 compel repairs 
 of outer dikes. 
 
 22. A clerk or overseer or collector shall be a competent wit- 
 ness to prove any fact connected with the duties of his office, 
 although a proprietor in the land included in the assessment, ex- 
 cept in a matter touching the particular rate or assessment upon 
 his own land or himself in relation thereto. 
 
 23. No commissioner of sewers shall hold the office of clerk 
 or collector. 
 
 24. When any commissioner of sewers, having the charge of 
 any land, shall think it necessary to have a plan thereof shewing 
 the several lots and boilndaries, and the names of owners or occu- 
 piers, 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. 
 
 25. Where any lands enclosed by dikes shall, by other dikes 
 erected outside the same, be enclosed and protected, the commis- 
 sioner in charge of the lands reclaimed by outer dikes shall call a 
 meeting of all the proprietors of the land within the whole level 
 contained and enclosed by the outer dikes, who shall reside within 
 the township or within ten miles of the place where such lands 
 lie, giving six days' notice of the time and place of meeting to each 
 proprietor or his known agent ; and two thirds in interest of such 
 owners or occupiers present, or, in case of their neglect, then the 
 commissioners shall elect not less than three nor more than five 
 disinterested freeholders, who, being sworn before a justice, shall 
 determine what proportion or degree of benefit hath accrued or is 
 likely to accrue to the old or inner dikes and the lands lying 
 ■within the same, from the new or outer dikes, and shall settle and 
 declare the proportion of expense the proprietors of the lands within 
 the old dikes ought annually to contribute and be assessed to- 
 wards the maintenance and repair of the new dikes ; and such per^ 
 sons, or two thirds of them, shall make a report in writing of their 
 proceedings, which shall be entered in the book of record for such 
 outer dikes, and every sum or proportion of expenses so settled 
 and declared shaU be borne upon the lands within the inner dikes 
 and assessed and collected as other dike rates. 
 
 26. If such outer dikes shall at any time cease, in whole or in 
 part, to protect such inner dikes, the lands within the inner dikes 
 shall not for such time contribute or be assessed to the support or 
 repair of the outer dikes. 
 
 27. If at any time two thirds in interest of the proprietors of 
 the lands within the inner dikes shall be apprehensive that the 
 outer dikes are unsafe or out of repair, two thirds in interest of the 
 proprietors of the whole level may call upon one or more commis- 
 sioners to examine the outer dikes ; and if it appear to him or them 
 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 
 
TITLE XX.] Chap. 73. Sbct. 28—30. 209 
 
 the same to be repaired, or otherwise, with the like consent, put 
 the inner dikes in a state of repair, as shall seem most advisable. 
 If the inner dikes be repaired, then the proprietors of the lands 
 enclosed thereby shall bear the expense. 
 
 28. If any person shall pasture marshes or other lands en- mkes injured by 
 closed by a common dike, or without and adjoining such dike, or Ss'howTe- 
 shall make a road oyer such dike whereby it shall be injured, the ''™''"^' 
 commissioners may make an order on such person as often as oc- 
 casion may require for repairing the injury by a certain day to be 
 
 named therein ; and, in case of refusal of obedience to such order, 
 the commissioners shall cause the injury to be repaired, and the 
 person disobeying the order shall forfeit for every offence ten 
 shillings, which, with the costs of the repair, may be recovered and 
 applied as other dike rates. 
 
 29. On application by any proprietor of marsh, swamp, or Applications for 
 meadow lands, in writing, signed by him or his agent, to the com- maaeTauty^t 
 missioners for a county or township in which the lands lie, or in thCTeon^'™'^' 
 case there has been a commissioner or commissioners selected by 
 
 two thirds in interest for carrying on work over the lands whereof 
 the same forms a part, then to such commissioner or commissioners, 
 setting forth that the same are frequently overflowed and rendered 
 unproductive, the commissioners, or any three of them, or the com- 
 missioner or commissioners so selected, as the case may be, shall 
 inquire into the merits of the appHcation, 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 proprie- 
 tors or occupiers of the lands through which the drainage shall be 
 ordered, to perform a just proportion of the labor necessary for 
 the purpose, and shall have power to tax all lands benefitted by 
 such drainage, and the proprietors or occupiers thereof, for the ex- 
 penses incurred, and for damage arising therefrom, in proportion to 
 the benefit to be received by such lands respectively, by a rate ac- 
 cording to the quantity and quahty of the lands owned by the pro- 
 prietors respectively ; which rate shall be levied and recovered as 
 other dike rates are ; but no such rate shall be payable until ten 
 days after notice given by the commissioner or commissioners, or 
 his or their collector or clerk, to the proprietors or occupiers, or 
 their known agents respectively, residing within ten miles of the 
 lands drained, of the amount thereof, or, in case of an appeal, un- 
 til after the decision thereon. 
 
 30. If any proprietor or occupier taxed shall, within seven Proprietors ciissa- 
 days after being notified thereof, give notice to the commissioner or may^Lve'li'ssra'-"' 
 commissioners in writing, signed by himself or his agent, that he a°eds1onThrii"'be 
 is dissatisfied with the rate, such commissioner or commissioners anai. 
 shall summon the owners or occupiers of such lands, or their known 
 agents, or such of them as shall reside within ten miles of the 
 work, to meet at a certain place and on a certain day, being at 
 27 
 
210 Chap. 73. Sect. 31—37. [part i. 
 
 least three days, exclusive of Sunday, after service of such sum- 
 mons, when a majority in interest of those present shall elect not 
 less than three nor more than five disinterested persons as asses- 
 sors, and the assessors, or a majority of them, having been fiirst 
 sworn into office in the same way as the clerk, with such commis- 
 sioner or commissioners, shall assess such owners or occupiers for 
 the expenses incurred, including a sum not exceeding seven shil- 
 lings and six pence a day for each assessor while actually employed, 
 and the decision of the assessors, or any three of them, shall be 
 final. 
 Modeofproce- 31. In casc the proprietors neglect to meet at the time and 
 
 dure where the ^ . , ■, , '■ ^ . , ^ . ,^ 
 
 provisions of last piace appomted, or to appomt assessors, or m case the assessors or 
 
 compued Witt! ^ majority of them neglect to perform the duties imposed upon 
 
 them, the commissioner or commissioners shall forthwith submit 
 
 and refer such rate to three other disinterested commissioners of 
 
 sewers of the county or township within ivhich the lands lie, by 
 
 name, who shall forthwith revise, and, if they see fit, amend such 
 
 rate, and the decision of the revising commissioners, or any two 
 
 of them, shall be final. 
 
 Damages to lands 32. When the land of any proprietor within such marsh, 
 
 piicants"how va- swamp, Or meadow land, other than that of the applicant, shall 
 
 lued and assessed, jjg^yg |)gg^ 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- 33. Where any diked marshes are owned by two persons in 
 
 prietors, but nei- . , < .... , r ■'■ „ 
 
 ther owning two- such proportioDS that neither is mterested to the extent oi two 
 vided W.°" '"°" thirds, either party may require one or more commissioners to take 
 charge of and carry on any work necessary for repairing the dikes 
 thereof 
 Certiorari for re- 34. If any owuer or occupier of land think himself aggrieved 
 dings toto su- by the proceedings of the commissioners, or of any person acting 
 preme com-t. under this chapter, he may remove the proceedings of such com- 
 missioners by certiorari into the supreme court, where they shall be 
 examined if necessary, and such determination made as shall be 
 proper ; but suiBcient security shall be first given by the apphcant 
 to the prothonotary of the court for payment of costs to be awarded 
 and taxed. 
 Fines for clerks 35. All clerks, collectors, overseers, and assessors, who shall 
 negi°ctTngduty!^ ncglcct Or rcfusc to comply with their duties, shall be liable to a 
 fine of ten shillings for each offence, to be collected and appropria- 
 ted as other fines under this chapter. 
 Notices may be 36. Evcry uotice required to be given, unless herein otherwise 
 otherwise'speci- directed, may be a verbal notice to be given to the parties in per- 
 ^^<'- son, or left at their dweUing houses if known, and within the dis- 
 
 tance hmited in this chapter. 
 Two-thirds of pro- 37. Two thirds in interest of the proprietors of any marsh, 
 StrasIJ'' collectors swamp, or meadow land, may make choice of a collector, overseers, 
 and other oiBcers, and asscssors ; may order, confirm, or disallow any plan of lands, 
 
 Mettle rates nf ^ , ' •' i -i p i n 
 
 wages, &c. &c. and settle the wages to be paid to or tor the collector, overseers, 
 
TITLE XX.] Chap. 74. Sect. 1—2. Chap. 75. Sect. 1. 
 
 211 
 
 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 gui- 
 dance of the commissioners. 
 
 38. No commissioner shall be liable for any act of his prede- Commissioner 
 cessors in office about any work in "which such commissioner is en- hiT predecessor's 
 gaged, unless for money he might or could have collected on ac- ^^^^• 
 count of work done by his predecessors. 
 
 CHAPTER 74. 
 
 OF COMMONS. 
 
 Section 
 1. Sessions to have the management of com- 
 mons. 
 
 Section 
 2. Halifax common, and commons regulated 
 by special acts, exempted. 
 
 1. The sessions shall make regulations respecting commons in sessions to have 
 the several townships, and enforce the same by penalties, not excee- of^coSmom!"^^'^'^ 
 ding forty shillings ; and they shall have the general management 
 
 of the commons, and the control of the surper visors in the discharge 
 of their duties in relation thereto. 
 
 2. Nothing in this chapter contained shall extend to the city of Halifax common, 
 Halifax, nor to any coumions regulated by a special act remaining gSiareTby^^pedai 
 unrepealed. '^'^'' exempted. 
 
 CHAPTER 75. 
 
 OF COMMON FIELDS. 
 
 SECTION 
 
 1. Lines and boundaries how kept up. 
 
 2. Regulations to be made at general annual 
 
 meeting. 
 
 3. Regulations to be recorded. 
 
 4. Fine for non-compliance with regulations. 
 
 5. Proceedings to compel the erection of fences. 
 
 6. Brands to be entered in clerk's book ; fee 
 
 therefor. 
 
 7. rine for a second entry of same mark. 
 
 8. Fine for unauthorized or counterfeit brands. 
 
 9. Proceedmgs to compel proprietor of adjoin- 
 
 ing lands to repair his fences. 
 
 Section 
 
 10. Proprietors in common fields desirous of 
 
 fencing, shall bear the whole expense un- 
 less two-thirds in interest consent. 
 
 11. Committee of management, how appointed ; 
 
 their duty. 
 
 12. Instructions as to assessments for various 
 
 pm'poses. 
 
 13. Collectors appointed by committee ; their 
 
 duty. 
 
 14. Allowance to committee to be included in 
 
 assessment. 
 
 1. Each proprietor of lands lying unfenced, or in a common Lines and boun- 
 field, shall, p;ncein)bwP years, on six days' notice given him or ^^"^^ how kept 
 
212 Chap. 75. Sect. 2—10. [part i. 
 
 his agent, by the adjoining proprietor, run the lines, and make and 
 keep up the boundaries of such lands, by stones or other sufficient 
 marks, and any person neglecting so to do shall forfeit twenty shil- 
 lings. 
 
 Regulations to be 2. The proprictors of common fields shall meet annually on 
 
 Smili meeting." the first Monday of September, or on some other day, to be ap- 
 pointed at a general meeting, at some convenient place, and by 
 vote of a majority in interest of those present, may make regula- 
 tions 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. 
 
 ScOTded""" 'o "<= 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. 
 
 Fine for non-com- 4. If any person shall not comply with the regulations, he 
 
 dUQjOcc witli rcETii" ^ «/ jl x k/ cj * 
 
 lations. shall forfeit a sum not exceeding ten shillings. 
 
 proceedingB to 5. j^ addition to any penalty imposed by this chapter, if any 
 
 compel the erec- . in /. i-ii ■ c ^ • 
 
 tionoffeaces. proprietor shall, after thirty days notice from another propnetor, 
 neglect to obey any regulation 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 insuf- 
 ficient, and the person so refusing shall pay double the expense to 
 the fence-viewer. 
 Brands to be en- 6. Every brand or mark adopted by the proprietors of any 
 booit ; fee there- common field by their regulations, for branding or marking animals 
 '"''■ to be turned thereon, before being used, shall be entered in the 
 
 town clerk's book, and he shall receive one shilling therefor. 
 Fine for a second 7. The towu clcrk, after entry of such brand or mark, shall 
 mark." ^""^ not enter any other brand or mark similar thereto, under a penalty 
 
 not exceeding ten pounds. 
 Fine for unautho- 8. If any proprietor in a common field, or any person by his 
 feu bran<R™*"' direction shall, with a brand or mark not recorded or entered by 
 the town clerk, brand or mark any animal for the purpose of tur- 
 ning 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 ofiending, or being accessory thereto, shall forfeit 
 a sum not exceeding five pounds. 
 Proceedings to 9. Every proprietor of any field adioining a common field, 
 
 coimicl DronriCuor 1/ x i. v o o / 
 
 of aujoiuing lands encloscd and improved, in case his part of the fence dividing his 
 fence's'!"' ""^ l^'id from such common field shall become defective, shall immedi- 
 ately 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. 
 Proprietors in ^Q. If any proprietor in a common field shall desire to have 
 
TITLE XX.] Chap. 75. Sect. 11— 14. 213 
 
 his land separately fenced, he shall, unless otherwise assented to common Aeids 
 
 t . l^ ' 1 • • n -t IT • T ^ 11 desirous 01 fen- 
 
 by two-thirds in interest oi the whole proprietors, bear the whole cing, shaiibear 
 expense of fencing the same, and shall be bound to keep such fence un'jrs'rtwo-tSa 
 in repair at his individual expense. sent'™'^'' """" 
 
 11. At the annual meeting the proprietors shall appoint from committee of ma- 
 among themselves a committee of not less than three, nor more Sppointea -, "tick 
 than five, to carry into effect the regulations made respecting such '*"'^' 
 common field for the ensuing year. 
 
 12. Whenever the committee shall find it necessary to raise instructions as to 
 money to carry into effect any regulation not applying to the ma- wiouTpiuTiioses. 
 king or repairing of roads or bridges in or across such common field, 
 
 they shall assess the amount on the several proprietors or occupiers 
 of the common field, by an equal and even rate, according to the 
 quantity and quality of land held ; and in cases of regulations 
 apphcable 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. 
 
 13. The committee may, by writing, appoint a person to collect Collectors ap- 
 from the proprietors or occupiers the several sums assessed upon See^Uelr™ 
 them respectively ; and the collector, upon neglect of any party ""'s'- 
 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. 
 
 14. The committee may include in any sum to be assessed, five Allowance to 
 shillings for the attendance of each of their number, for every day SiSed '' ''" '"' 
 actually employed in carrying the regulations into effect. 
 
 m as- 
 sessment. 
 
 TITLE XXI. 
 
 OF THE REGULATION OF TRADE IN CERTAIN CASES. 
 
 CHAPTER 76. 
 
 OF SHIPPING AND SEAMEN. 
 
 Section 
 1. Shipping articles in what cases necessary j 
 
 their form, contents, attestation, &c. 
 2- Tine for shipping seamen contrary to the 
 
 first section, and for non-compliance with 
 
 its provisions. 
 3. Articles not to lessen seaman's lien for 
 
 wages. 
 
 Section 
 4. Proceedings where seamen refuse to join 
 
 ship after articles signed. 
 6. Sureties liable for advance and expenses 
 
 where seamen refuse to proceed on the 
 
 voyage. 
 6. Execution of articles by surety ; advance, 
 
 how recovered back when forfeited. 
 
214 
 
 Chap. 76. Sect. 1—4. 
 
 [part I. 
 
 Section 
 1. Forfeitures incurred by seamen for absence 
 and other offences ; mode of proof. 
 
 8. Mode of computing forfeiture where agree- 
 
 ment is by the year. 
 
 9. Forfeiture in case of desertion. 
 
 10. Harboring or secreting seamen, how pu- 
 
 nished ; seamen's debts, how and when 
 recoverable. 
 
 11. Seamen's wages when and how recoverable. 
 
 12. Payment to seamen vaUd, notwithstanding 
 
 previous assignments. 
 
 13. Seamen entitled to certificate; fine for re- 
 fusing. 
 
 14 Proeedings for wages where seamen about 
 to proceed on a voyage. 
 
 15. Wages how collected when under twenty 
 
 pounds. 
 
 16. Costs to be disallowed in the vice admiralty, 
 
 Section 
 
 where wages might be recovered before a 
 justice. 
 
 17. Medicines to be kept on board vessels. 
 
 18. Crews discharged abroad only on certifi- 
 
 cates. 
 
 19. Crews not to be left abroad unless for good 
 
 cause duly certified. 
 
 20. In case of action the burden of proof as to 
 
 certificates to be borne upon the master. 
 
 21. Entering the naval service shall not be held 
 
 desertion. 
 
 22. Seamen's right to wages and efi'ects when 
 
 entering the naval service. 
 
 23. Court's power to reduce penalties ; limita- 
 
 tion of actions 
 
 24. Coasting vessels not affected by this chap- 
 
 ter. 
 Form of agreement. 
 
 Shipping articles, 
 in what cases ne- 
 cessary ; their 
 form, contents, 
 attestation, &;c. 
 
 Fines for shippmg 
 seamen contrary 
 to the first sec- 
 tion, and for non- 
 compliance with 
 its provisions. 
 
 Articles not to 
 lessen seaman's 
 lien for wages. 
 
 Proceedings 
 where seamen re- 
 fuse to join ship 
 jifter articles 
 signed. 
 
 1. The master of any vessel registered in and belonging to this 
 province, trading to parts out of the province, shall not carry to 
 sea, as one of his crew, any person, apprentices excepted, without 
 entering into an agreement in writing with such person, specifying 
 what wages he is to receive, the capacity in which he is to act, and 
 the nature of the voyage intended. The agreement shall contain 
 the date when made, and shall be signed by the master, in the first 
 instance, and by each person shipped, at his port of shipment : — 
 it shall be in the form, and shall contain, as far as possible, the 
 particulars in the schedule hereto annexed ; and a copy, attested 
 by the signature of the master, shall, on reporting the arrival of 
 the vessel, be deposited in the customs there. A clause may be 
 inserted therein providing for the sale of the vessel during the 
 voyage intended, and for the discharge of the crew in the event of 
 such sale ; but such clause must state the amount of wages to be 
 paid to the seamen upon such sale. 
 
 2. The master of any such vessel carrying to sea any such 
 person, apprentices excepted, without having entered into the agree- 
 ment hereby required, shall forfeit five pounds for every such per- 
 son ; and the master not depositing, as hereby required, a true 
 copy of the agreement, shall forfeit five pounds. 
 
 3. The entering into the agreement shall not deprive any sea- 
 man of his lien on the vessel, or of any legal remedy for the reco- 
 very of his wages : no agreement made contrary to the above pro- 
 visions, and no clause depriving seamen of their right to wages in 
 the case of freight earned, by a vessel subsequently lost, shall be 
 binding on the seaman. No seaman shall be obliged to produce 
 the agreement, or a copy of it, to support his claim for wages. 
 
 4. If a seaman, having signed the agreement hereby required, 
 shall not join his vessel, or shall refase to proceed to sea in her, or 
 shall absent himself therefrom without leave, any justice of the 
 peace near the place shall, upon complaint made upon oath by the 
 master, mate or owner, by his warrant, cause such seaman to be 
 
TITLE XXI.] Chap. 76. Sect. 5 — 7. 215 
 
 apprehended and brought before him ; and if such seaman shall not 
 satisfy the justice as to such neglect, refusal or absence, the justice 
 shall, upon due proof, commit such seaman to jail, there to be 
 kept at hard labor, for a period not exceeding thirty days ; but if 
 such seaman shall consent to join his vessel and proceed on the 
 voyage, the justice, if requested by the master, shall, instead of 
 committing such seaman, cause him to be conveyed on board the 
 vessel, or dehvered to the master, and shall award to the mas- 
 ter the costs incurred in such apprehension, not exceeding the sum 
 of two pounds, exclusive of jail fees, which shall be deducted from 
 the wages to grow due to such seaman. 
 
 5. If any seaman having received an advance on his shipping, sureties liawe for 
 
 ,..•;, ,_ 1 p 1 Till adTance and ex- 
 
 and signing the agreement, and tor whom any person snail nave penses where sea- 
 become surety, and as such subscribed the agreement, shall °ed'on"the°voy- 
 not proceed on the voyage, such surety shall repay such advance ; "^e- 
 and if the master or owner shall be compelled to procure another 
 seaman, and thereby incur additional expense, the surety shall also 
 repay the same — provided it do not exceed half the sum originally 
 advanced. 
 
 6. The party becoming surety shall subscribe his name to the Execution of arti- 
 agreement in the proper column thereof, opposite to the name of advance, Cv'fe- 
 the seaman for whom he becomes surety, and such signature shall XentortSted. 
 render him liable to the extent above declared ; and the amount 
 
 shall be sued for as debts of the hke amount by law are ; and on 
 ' production of the agreement, and proof of the execution thereof 
 by the seaman and by the surety, and of the refusal of the seaman 
 to proceed to sea, judgment shall be given against the surety for 
 the advance paid to the seaman, and for the additional expense, to 
 the extent above named, together with costs, as allowed by law in 
 cases of debts of the like amount. 
 
 7. If any seaman after having signed the agreement, and during Porfeitmes incur- 
 the period for which he has agreed to serve, shall, without leave, Lbsenceandother 
 absent himself from the ship, or from his duty, he shall, in cases ^l"l^^ ' °""^^ °' 
 not of absolute desertion, or not treated as such by the master, for- 
 feit out of his wages, to the master or owner, the amount of two 
 
 days' pay for every twenty-four hours' absence, and in like proportion 
 for a less period of time, or, at the option of the master, the ex- 
 penses incurred in hiring a substitute to perform his work ; — and 
 any seaman, without sufficient cause, neglecting to perform the duty 
 required by the person in command, shall be subject to a like forfei- 
 ture for every such offence, and for every twenty-four hours' conti- 
 nuance thereof; — and if any seaman, after having signed the agree- 
 ment, or after the ship's arrival at her port of delivery, and before 
 the discharge of her cargo, shall quit the ship without a discharge 
 or leave from the master, he shall forfeit to the master or owner 
 one month's pay out of his wages. No such forfeitures shall be 
 incurred unless the fact of the seaman's absence or neglect, and the 
 time and duration thereof, be entered in the log book : this entry 
 the owner or master shall, in cases of dispute, be obliged to sub- 
 stantiate by evidence of the mate, or other credible witness. 
 
216 
 
 Chap. 76. Sect. 8—11. 
 
 [PAKT I. 
 
 Mode of compu- 
 ting forfeiture 
 where agreement 
 is by the year. 
 
 Forfeiture in case 
 of desertion. 
 
 Harboring or se- 
 creting seamen, 
 how punished ; 
 seamen's debts, 
 how and when 
 recoverable. 
 
 Seamen's wages 
 when and how 
 recoverable. 
 
 8. Where the seaman has contracted by t;he voyage or by the 
 run, the amount of forfeitures shall be ascertained thus : — If the 
 duration of the voyage shall exceed one month, the forfeiture of 
 one month's pay shall be considered a forfeiture of a sum bearing 
 the same proportion to the whole wages as a month bears to the 
 whole time spent in the voyage ; a forfeiture of two days' pay, or 
 less, shall be considered a forfeiture of the sum bearing the same 
 proportion to the whole wages as that period bears to the time 
 spent in the voyage ; if the whole time does not exceed one month 
 the forfeiture of one month's pay shall be considered a forfeiture 
 of the whole wages ; if such time does not exceed two days, the 
 forfeiture of two days' pay shall be considered a forfeiture of the 
 whole wages. The master shall deduct all forfeitures from the 
 wages of the seaman incurring the same. 
 
 9. A seaman deserting his vessel shall forfeit to the owner or 
 master all his effects remaining on board, and the wages due to 
 him; provided the circumstances of the desertion be at the time 
 entered in the log-book, certified by the signature of the master 
 and mate, or other credible witness. The absence of a seaman 
 within twenty-four hours immediately preceding the vessel's sail- 
 ing, without leave of the master, or at any time under circum- 
 stances shewing an intention not to return, shall be considered an 
 absolute desertion ; and if such desertion shall take place out of 
 this province, and the master shall be obliged to engage a substi- 
 tute for the deserter at an increased rate of wages, he shall recover 
 from such deserter the excess of wages paid to such substitute as 
 wages are hereby made recoverable. 
 
 10. Any person harboring or secreting a seaman who shall 
 have signed the agreement hereby required and absented himself 
 from his vessel without leave, knowiug or having reason to suspect 
 him to be so absent, shall forfeit twenty shillings. No debt over 
 five shillings incurred by a seaman after signing the agreement 
 shall be recoverable until the conclusion of the voyage. The 
 keeper of a public house shall not detain any efiects of a seaman 
 for any debt contracted by him. In case of such detention, any 
 justice shall, on complaint on oath by or on behalf of such seaman, 
 inquire into the matter, and he may, by warrant, cause such effects 
 to be delivered to such seaman. 
 
 11. The master or owner shall pay every seaman bis wages, if 
 demanded, within three days after the delivery of the cargo, or ten 
 days after the seaman's discharge, whichever shall first happen. 
 The seaman, on his discharge, shall be entitled to receive one- 
 fourth of the estimated balance due to him ; and in defeult thereof 
 the master or owner shall forfeit to the seaman two days' pay for 
 each day, not exceeding ten days, that such payment without suf- 
 ficient cause is withheld. This forfeiture shall be recoverable in the 
 same manner as seamen's wages ; but this provision shall not ap- 
 ply to cases where the seaman by the agreement is paid by a share 
 in the profits of the adventure. 
 
TITLE XXI.] 
 
 Chap. 76. Sect. 12—17. 
 
 217 
 
 12. The payment of wages to a seaman shall be valid notwith- 
 standing any bill of sale or assignment thereof, or any attachment 
 or incumbrance thereon. No assignment or sale of wages made 
 prior to the earning thereof, and no power of attorney to receive 
 wages expressed to be irrevocable, shall be valid or binding on 
 the party making it. 
 
 18. A seaman shall on his discharge, be entitled to a certifi- 
 cate, signed by the master, of his period of service, and the time 
 and place of his discharge ; and a master refusing such certificate, 
 without reasonable cause, shall forfeit five pounds. 
 
 14. If a seaman, having been three days discharged, and 
 desiring to proceed again to sea, shall require immediate payment 
 of his wages, — any justice, on his application, and proof that delay 
 would hinder him of employment, shall summon the master or 
 owner of the vessel to shew cause why immediate payment should 
 not be made, and if cause be not shewn, he shall order payment 
 forthwith ; and in default of such payment the master or owner 
 shall forfeit five pounds. 
 
 15. When the wages due to a seaman do not exceed twenty 
 pounds, any justice in the neighborhood, on complaint upon oath, 
 by or on behalf of such seaman, shall summon the master or owner 
 to appear and answer such complaint ; and on liis appearance, or 
 in default thereof, on proof of his having been summoned, the jus- 
 tice shall, on the oath of the parties and their Avitnesses, examine 
 into the complaint, and order payment of the amount due ; and if 
 such order be not obeyed within two days, he shall issue his war- 
 rant to levy the amount awarded, by distress and sale of the effects 
 of the party on whom such order was made, rendering to him the 
 overplus, if any, after deducting the expenses attending the com- 
 plaint, and the distress and levy ; and if sufficient distress be not 
 found, he shall cause such wages and expenses to be levied on the 
 vessel; and if she be not within his jurisdiction, he shall cause 
 the party on whom the order was made to be committed to jail, 
 there to remain until payment of the amount awarded, and all 
 costs and expenses. The award of such justice shall be final and 
 conclusive. 
 
 16. If a suit for the recovery of a seaman's wages be brought 
 in the court of vice admiralty, or any court of record of this pro- 
 vince, and it shall appear to the judge that the plaintiff might have 
 had as effectual a remedy by complaint to a justice, as above di- 
 rected, he shall certify to that effect, and no costs of suit shall be 
 awarded the plaintiff. 
 
 17. The master of every such vessel shall constantly keep on 
 board a sufficient supply of medicines, suitable to accidents and 
 diseases arising on sea voyages ; and in default thereof, or in case 
 a seaman shall sustain injury in the service of the vessel, the ex- 
 pense of the surgical and medical advice, and attendance and 
 medicines he shall require, until he is cured or returns, shall be 
 
 28 
 
 Payment to sea- 
 men valid not- 
 withstanding pi'c- 
 vioLis assign 
 ments. 
 
 Seamen entitled 
 to certificate j 
 tine for refusing. 
 
 Proi-ecrlings for 
 wages where sea- 
 man about to pro- 
 ceed on a voyage. 
 
 Wages how col- 
 lected when un- 
 der twenty 
 pounds. 
 
 Costs to be disal- 
 lowed in the vice 
 admiralty where 
 wages might be. 
 recovered before 
 a justice. 
 
 3Jeclicine3 to be 
 kept on board 
 
 vfs&els. 
 
catei 
 the 
 
 Entering the na- 
 val yervice sliall 
 
 218 Chap. 76. Sect. 18—23. [part i. 
 
 borne by the owner or master of the vessel, without any deduction 
 on account of wages. 
 creivs discharged jg, j^q guch mastcr shall discharge any of his crew at any 
 certificates. British port out of this province without the sanction, in writing, 
 of the officer appointed in that behalf, or of the principal officer of 
 the customs, oi' of two respectable merchants resident there ; nor 
 at any foreign port without the sanction, in writing, of the British 
 minister, consul, or vice consul there, or of two respectable resi- 
 dent merchants ; any of whom may make examination on oath, and 
 grant or refuse a certificate of such sanction, according to their 
 discretion. 
 Mt abroad mdess ^^- No such master shall leavc at any placc abroaxl, either on- 
 for good cause ghore Or at sea, any of his crew as unfit to proceed on the voyage, 
 or having deserted or disappeared, without having obtained a cer- 
 tificate, as in the foregoing section, approving thereof, if there be 
 any such persons to apply to for that purpose ; and such persons 
 may make examination on oath, and grant or refuse such certifi- 
 cate according to their discretion. 
 In ra>e of action 20. In any action brought for violation of this or the prece- 
 proot'as tocevtifi- diug sections, it shall be incumbent on the master to prove his 
 master" "^"^ haviug obtained the certificate thereby required, or prove the im- 
 practicability of obtaining such certificate. 
 
 21. Nothing herein shall prevent the entry of any person be- 
 not be heiTaeser- longing to any merchant ship into her majesty's naval service, — 
 such entry shall not be a desertion, and shall not incur any forfei- 
 ture -whatever. No clause creating a penalty or a forfeiture for 
 such entry shall be inserted in any ship's articles. 
 t-eaman'i rigiit to 22. A SBamau rcccived into such service from a merchant ves- 
 when entering'the scl, not having Committed an act of total desertion, treated as such 
 naval service. ^^ ^^^ mastcr, shall, on such entry, receive all his effects from such 
 vessel, and if she shall have earned freight, the proportionate 
 amount of his wages from the master up to such entry, in money 
 or a bill on the owner. For failure to dehver such effects and 
 money, or bill, the master shall forfeit twenty-five pounds. If no 
 freight has been then earned, the master shall give to th6 seaman a 
 bill on the owner for his wages then due, payable on the ship's 
 arri\al at her destined port. If he be unable to ascertain the 
 amount, he shall give to the seaman a certificate of his period of 
 service, and the rate of his wages, and shall produce to the officer 
 commanding such ship of war, the shipping agreement. On such 
 delivery of the seaman's effects and settlement of his Avages, the 
 officer commanding shall, on request of the master, give him a cer- 
 tificate under his hand endorsed on the agreement of the entry of 
 the seaman into such ship of war. 
 rvmrts iww.r In 2:'>. Tlie court or justices before whom proceedings are brought 
 fi)v wcovevy of penalties hereby imposed, may make such reduc- 
 tion tlic'icin, not exceeding one half of the original amount, as 
 tliey think fit. All such proceedings shall l)e commenced within 
 two years after the offence ; or if committed without the province 
 witliin six months after the return thereto of the offender. 
 
 t'WC'i }ienalLie: 
 lunUiiLioi 
 Lions. 
 
TITLE XXI.] 
 
 Chap. 76. Sect. 24. 
 
 219 
 
 T'orm of a^'ree 
 ment. 
 
 24. The foregoing sections shall not extend to any ship trading coastuig vessels 
 coastwise between the ports of this province, or to any regarded as "his chapter. ^ 
 coasting vessels by any law of this province. 
 
 Schedule in this chapter referred to. 
 
 An agreement made pursuant to chapter seventy-six, title twenty- 
 one, of an act of the general assembly of Nova-Scotia, passed in 
 the fourteenth year of the reign of her majesty Queen Victoria, be- 
 tween master of the ship of the port of 
 
 of the burthen of tons, and the several persons ■whose 
 
 names are subscribed hereto. 
 
 It is agreed by and on the part of the said persons, and they 
 severally hereby engage to serve on, board the said ship in the se- 
 veral capacities against their respective names expressed, on a voy- 
 age from the port of to \here the intended voyage 
 
 is to be described as nearly as can be done, and the places at 
 11'hich it is intended the ship shall touch, or if that cannot Iw 
 done, the nature of the voyage in xohich she is to be eni]>loijed.'\ 
 
 and back to the port of ; and the said crew further engage 
 
 to conduct themselves in an orderly, faithful, honest, careful, and 
 sober manner, and to be at all times diligent in their respective 
 duties and stations, and to be obedient to the lawful commands of 
 the master in every thing relating to the said ship, and the mate- 
 rials, stores and cargo thereof, whether on board such ship, in boats 
 or on shore. [Here may be inserted any other rkinse, tchicli 
 the parties may think proper to be introduced into the agree- 
 ment — provided that the sam,e be not contrary to and inconsist- 
 ent with this act.] In consideration of which services to be duly, 
 honestly, carefully and faithfully performed, the said master doth 
 hereby promise and agree to pay the said crew, by way of com- 
 pensation or wages, the amount against their names respectively 
 expressed. In witness whereof, the said parties have hereto sub- 
 scribed their names on the days against their respective signatures 
 mentioned. 
 
220 
 
 Chap. 76. 
 
 [part I. 
 
 iS o 
 
 
 i 3 
 
 *< 
 
 -. a 
 
 
 ^^ 
 
 era 
 
 
 
 
 
 
 
 
 
 
 
 
 o 
 
 5' 13 
 > -« 5 
 
 < re et- 
 
 CD p Z . 
 
TITLE XXI.] 
 
 Chap. 77. Sect. 1—3. 
 
 221 
 
 CHAPTER 77. 
 
 OF WRECKS AND WRECKED GOODS. 
 
 HeCTioN 
 
 1. AV recked ships or goods how, for, and by 
 
 whom preserved. 
 
 2. Proceedings and punishment in case of 
 
 taking or concealing wi'ecked goods. 
 
 3. Vessels in distress, how assisted ; salvage 
 
 in such cases, how adjusted. 
 
 4. Proceedings where no claimant. 
 
 Srction 
 
 5. Property in legal custody not to be inter- 
 
 fered with ; molesting an officer, a misde- 
 meanor. 
 
 6. Supreme court to sustain proceedings 
 
 brought up from inferior coui-Ls, unless 
 in cases of wilful error. 
 
 1. -All ships, and goods of every description, wrecked, aban- wrecked ships or 
 doned, or forced on, or within the soundings or shores, or found andbywhom^pie- 
 fioating in the bays or rivers of this province, shall be preserved '"''''■'"'■ 
 
 for the owners thereof ; and persons finding such wrecks or goods 
 shall immediately give notice thereof, either to the sheriff, coroner, 
 officers of customs, officers of impost and excise, or a justice, which 
 ever shall be nearest at hand, who shall, or a majority of them if 
 more than one, attend forthwith and take all necessary measures 
 for preserving such ship or goods. 
 
 2. Any justice upon information on oath made before him, that Proceedings and 
 any such goods have been carried away and concealed, shall issue ° '"""' " 
 his warrant to search all places where they are suspected to be 
 concealed, and commit to jail any person who shall appear to have 
 wilfully concealed the same, there to remain until delivered by due 
 course of law. 
 
 3. Any of the officers hereinbefore named, when any vessel 
 shall be in danger, or shall be driven on shore, or discovered float- 
 ing, may command as- many men of the neighborhood, as may be 
 necessary, to assist in preserving the lives of the people and the 
 property on board such vessel ; and may order the person com- 
 manding any vessel at anchor to furnish his boats, and as many 
 men as he can conveniently spare, and such men are hereby re- 
 quired to give their assistance accordingly. Any person disobey- 
 ing any such orders shall, upon information on oath before any 
 justice, be committed to jail for trial, unless good security be given 
 for his appearance at the next term of the supreme court for the 
 county ; and, upon conviction of such oifence, he shall be subject 
 to a fine not exceeding fifty pounds, or imprisonment for a term 
 riot exceeding six months, at the discretion of the court ; but any 
 person giving assistance' to the people, or towards preserving any 
 property on board any ship in danger of being wrecked, or towards 
 the preservation of any property found floating, or cast on shore, 
 shall within thirty days from the performance of such service be 
 paid a reasonable reward therefor by the commander of the vessel, 
 or owner of the property preserved ; and in default of such pay- 
 
 jiunishinent in 
 cases of taking or 
 concealing wreck- 
 ed ji'ondri. 
 
 Vessels in distress 
 how assisted; sal- 
 vage in such cases 
 liow adjastetl. 
 
222 Chap. 77. Sect. 4—6. [part i. 
 
 ment, the property preserved shall remain in the custody of any 
 of the hereinbefore named officers until such charges be paid : — 
 and all persons who aid in such preservation shall be reasonably 
 remunerated for their services, unless it appear that during the 
 time of the performance thereof, they have been guilty of disho- 
 nesty, disobedience, or disorderly conduct ; and the officer, if any 
 such, who shall attend and direct the making of the salvage shall 
 certify to the actual performance of such services. The amount of 
 such remuneration shall be determined by three neighboring jus- 
 tices, mutually chosen by the parties, who shall adjust the quantum 
 of reward to be paid to each of the persons employed in making 
 such salvage ; which decision shall be binding upon all parties, and 
 the amount so awarded shall be recoverable by action at law. 
 Proceedings 4. If no persou shall appear to claim the goods so saved, the 
 
 ant. officer or: person who has the charge of them, shall sell so much 
 
 thereof as will be sufficient to pay such salvage, with the incidental 
 charges incurred : or, if the goods are in danger of perishing, or 
 of being lost by delay, then the whole shall be sold, and the pro- 
 ceeds thereof when sold, put into the immediate possession of some 
 principal officer of the customs, or other responsible person if no 
 such officer be present, who shall make an account thereof, and 
 sign the same ; and if the goods or money be not claimed within 
 twelve months by the owner thereof, such of the goods as may 
 then be on hand shall be sold by public auction, and the proceeds 
 thereof, reasonable expenses of such sale being deducted, paid into 
 the treasury, there to remain until claimed by the owner, who, 
 upon affidavit, or proof of his right thereto, to the satisfaction of 
 a judge of the supreme court, shall, upon his order, receive the 
 same out of the treasury. 
 Property in legal 5. No pcrson. Under any pretence whatever, shall interfere 
 mterfered°'wfth'! ''^'ith any kind of property referred to in this chapter, if it be in 
 Sr'T'mfsde °° ^^^ ^^g^^ custody of any person, unless his assistance be required, 
 raeanor. and the pcrsou in charge of any vessel wrecked or in distress, or the 
 
 officer who shall come to his assistance, may repel by force any at- 
 tempt to meddle therewith without his consent. Any person con- 
 victed of molesting or obstructing any officer or other person having 
 charge, or employed in making salvage of any such vessel or goods, 
 shall be punished as for a misdemeanor. 
 Supreme court to 6. if any proceedings Under this chapter be removed from a 
 f^r^roughT'ifp court of inferior jurisdiction to the supreme court, and they shall 
 c^OTtfuniLs in ^ppsar to have been in accordance with the justice of the case, the 
 cases of wilful suprcmc court shall confirm the same, notwithstanding the want 
 of legal form therein, or may correct and amend the same, and 
 give final judgment upon the merits, and shall wholly reverse the 
 proceedings only for wilful and corrupt error. 
 
 error. 
 
TITLE XXI.] 
 
 Chap. 78. Sect. 1—2. 
 
 f^(^i$ 
 
 CHAPTER 78. 
 
 OF PILOTAGE, HARBORS, AND HARBOR MASTERS. 
 
 1. Commissioners of pilots for certain ports 
 
 named ; how appointed ; their number ; 
 oath of ofBce. 
 
 2. Pilots how appointed ; form of certificate of 
 
 appointment. 
 '<j. Certificates to be numbered, registered, aud 
 renewed annually ; fees on certificates 
 and for renewal ; penalty for transfer. 
 
 4. Bye-laws may be made by commisBioners. 
 
 5. Regulations respecting flags and boats ; 
 
 fine for disobeying. 
 
 6. Penalty for taking pilot to sea. 
 
 7. Pilots detained after vessel anchored, enti- 
 
 tled to wages. 
 
 8. Unlicensed pilots when to surrender vessel 
 
 to licensed pilots. 
 9 Licensed pilots hailing vessels, but refused, 
 entitled to certain fees specified if another 
 pilot be taken. 
 10. Fine for not shortening sail, &c. when hailed 
 by a licensed pilot. 
 
 riag to be hoisted for pilot to take ship out 
 of hai'bor ; unlicensed pilots taken where 
 no others offer. 
 
 Such unUcensed pilot to surrender the ves- 
 sel to a licensed pilot offering. 
 
 Pilot inward, to be preferred if he offer, as a 
 pilot outwai'd. 
 
 Vessels when exempted from pilotage. 
 
 Any person may act in the absence of a li- 
 censed pilot, and receive fees. 
 
 11 
 
 12, 
 
 13, 
 
 Section 
 
 16. Harbor-masters appointed by sessions for 
 certain ports named. 
 
 IT. Bridgeport and Spanish River harbor-mas- 
 ters appointed by the governor in council. 
 
 18. Duties of harbor-master to be defined by 
 
 sessions. 
 
 19. Powers and duties of sessions relative to 
 
 anchorage, ballast, public wharves, &c,, 
 and the making of bye-laws. 
 
 20. Wharfage how estabUshed, and collected. 
 
 21. Buoys and marks to be erected in certain 
 
 harbors under regulations made by ses- 
 sions. 
 
 22. Funds for caiTying out such regulations, 
 
 how raised. 
 
 23. Exemptions for certain vessels at Saint 
 
 Mary's. 
 
 24. A'iolation of regulations to be prosecuted by 
 
 harbor-master. 
 
 25. Regulations and bye-laws to be approved 
 
 of by governor in council. 
 
 26. Relief to party aggrieved by application to 
 
 supreme coui-t. 
 
 27. Antigonish tow-path how repaired. 
 
 28. Fish point bar protected. 
 
 29. Licensed pilots at Spanish River to be fur- 
 
 nished with, and to furnish, regulations to 
 ship master:;. 
 
 30. Rates of pilotage regulated by schedule A. 
 31- Harbor-masters fees regulated by sche- 
 dule B. 
 
 1. The governor in council shall appoint not less than three commissioners of 
 nor more than five commissioners of pilots for each of the ports of pjfi-un^e'd^how 
 Halifax, Sydney, Pictou, Pugwash, Wallace, Antigonishe, Saint appointed ; 'their 
 ^Mary's, Arichat, Tatamagouche, and Point Bruley. Every com- office. "^ ' 
 missioner shall take the following oath : 
 
 '' I, [7tame of cof/t missioner \, do swear that I will act dili- 
 gently, faithfully, and impartially in the examination and selection 
 of pilots for the port of [name of port]. ^^ 
 
 Three commissioners in any one of the said commissions to be a 
 quorum. 
 
 2. The commissioners shall examine and select as many pilots pilots how ap- 
 as they may think necessary for each of the ports in the preceding cerSficate*^°of"ap- 
 section mentioned ; and shall grant certificates to such pilots in pointment. 
 
 the following form, and which shall be revocable at pleasure : 
 
224 
 
 Chap. 78. Sect; 3^6. 
 
 [part 1. 
 
 " Province of Nova Scotia, 
 
 No. — , port of [name of port \. 
 
 We, [Nantes of commissioners], commissioners appointed by 
 
 law to examine and select pilots for the port of [name of port], 
 
 certify that [name and i-esidence of pilot], having been examined 
 
 by us, was deemed a fit person to undertake the pilotage of vessels 
 
 of every description into and out of the said port ; and on the 
 
 day of A. D. 18 — , was by us licensed to act in that capa- 
 city. 
 
 (Signed) [names of commissioners]. 
 
 Entered in the register of pilots' hcenses. 
 This license cannot be lent or transferred. 
 
 Commissioners. 
 
 Description of [nam,e and residence of pilot] No. — . 
 
 Age. 
 
 Height. 
 
 Complexion. 
 
 Color of hair 
 and eyes. 
 
 Remarks. 
 
 Certificate^ to be 
 numbered, regis- 
 tered, and renew- 
 ed annually ; fees 
 on certiticates and 
 for renewal ; pe- 
 nalty for transfer. 
 
 Bye-laws may be 
 made by commis- 
 sioners. 
 
 Regulations re- 
 specting flag's and 
 boats ; fine for 
 disobeying. 
 
 Penalty for taking 
 pilot to sea. 
 
 o. Every such certificate shall be numbered and registered in 
 a book kept for the purpose, and shall be annually renewed. The 
 pilots for Halifax and Sydney shall pay twenty shillings for the 
 certificate, and two shiUings and six pence for every renewal 
 thereof ; and the pilots for the other ports shall pay ten shillings 
 for the certificate and two shillings and six pence for every renewal 
 thereof. And no pilot shall lend or transfer his certificate under a 
 penalty of five pounds. 
 
 4. The commissioners may from time to time establish bye-laws 
 for the further regulation of pilots, and for extra remuneration in 
 cases of any extraordinary nature, and for the adjustment and de- 
 cision of questions arising between masters of vessels, pilots, and 
 others respecting pilotage ; and also respecting the salvage of an- 
 chors and cables ; and may annex penalties for enforcing the same ; 
 but no bye-law shall be in force until approved by the governor in 
 council. 
 
 6. Every licensed pilot shall carry such flag, and have his boat 
 marked and rigged in such manner as the commissioners shall di- 
 rect, under a penalty not exceeding twenty nor less than five shil- 
 lings ; and every unlicensed person carrying such flag shall forfeit 
 ten pounds. 
 
 6. No pilot shall be taken to sea against his will under a pe- 
 nalty of twenty-five pounds on the master of the vessel, except 
 when through stress of weather the same is unavoidable, in which 
 case he shall be entitled to receive from the master or owner of the 
 
TITLE XXI.] Chap. 78. Sect. 7 — 13. ^25 
 
 vessel five pounds a month for time lost, and shall also be provided 
 with a passage home at the expense of such master or owner from 
 the first port which the vessel shall enter where the same can be 
 obtained. 
 
 7. If any licensed pilot shall be detained on board any vessel ruots detained ar- 
 after the day of the arrival and anchoring thereof, he shall be paid eci'entmed'toi™- 
 five shiUings a day, in addition to his food, whether the deten- ^'^''• 
 
 tion be caused by quarantine regulations or otherwise. 
 
 8. Any unlicensed person, other than the master, taking charge unlicensed piiots 
 of any vessel as a pilot, shall surrender the guidance thereof, un- resseuoTeensea 
 der a penalty of five pounds, to the first licensed pilot who shall p"""' 
 
 hail her at the respective distances hereinafter mentioned, from the 
 several harbors following, viz : — at Halifax, southward of Herring 
 Cove or Thrum Cap ; at Sydney, outside of Low Point and Cran- 
 berry Head ; at Pictou, outside of the Light House ; at Antigo- 
 nishe, outside the Bar ; at Saint Mary's, one mile outside of Wedge 
 Island, at Wallace, Pugwash, Tatamagouohe, and Point Bruley, 
 more than one mile from the mouth of the harbors respectively ; 
 and at Arichat eastwardly two miles west from Green Island, and 
 westwardly outside of Madame Island Point. 
 
 9. If the services of the hcensed pilot so hailing such vessel Licensed pilots 
 shall not be accepted, or the master shall afterwards take another butrefusrare^,'- 
 pilot, the licensed pilot who first offered shall be paid half pilotage feesijecmecf'i'r 
 by such master, except at Halifax, where he shall receive one-third ■■^not\vr piiut he 
 only, if the vessel be owned in this province, or in any other part of 
 
 her majesty's dominions, or be british built, and half pilotage on all 
 other vessels. And during the months of November, December, 
 January, February and March, the master of any vessel approach- 
 ing the port of Halifax, shall pay such pilot two-thirds of the 
 pilotage, if his services shall not be accepted. 
 
 10. The master of any vessel approaching any of the before rine for not shor- 
 mentioned harbors, when hailed within a reasonable distance by a when^hatenjy a 
 licensed pilot with his flag flying, shall shorten sail, haul to, or use i'<^<^"'^<' p""'- 
 other means, as circumstances will permit, to facilitate the pilot's 
 boarding, under a penalty of forty shillings. 
 
 11. A master requiring a pilot to take his vessel out of any of Fiag to be hoiste.i 
 the before mentioned harbors, shall, if a british vessel, hoist the fhipoutoVhai- 
 union jack, or if a foreign vessel, such flag as is usually worn ^ri ""'teensed 
 
 t'' ~,, 11 Ti • 1 pdots taken when 
 
 thereby, at the toretop-gallant-mast-nead, and there continue the no othevs oaev. 
 same for twelve hours during day light, before the time of sailing ; 
 and if in the mean time no licensed pilot shall offer himself, the 
 master may employ any person he may think fit to pilot the vessel 
 outwards. 
 
 12. Any unhcensed person who shall take charge of such ves- Such unlicensed 
 sel, shall surrender the guidance thereof to the first licensed pilot fhe°vesseHo^a''iT- 
 Avho shall board her within the time specified in the last section, sensed pilot otfer- 
 under a penalty of five pounds, if such vessel be bound from the 
 
 port of Halifax, and three pounds if bound from any other port. 
 
 13. Where a licensed pilot shall have conducted a vessel in- piiot inward, td 
 
 29 
 
226 Chap. 78. Sbct; 14—21. [parti. 
 
 be piefeneri if he -(vards, and shall offer his services to pilot her outwards, and shall 
 "uuvarrt!''"'"' be in attendance, ready and willing so to do, when such vessel is 
 ready for sea, he shall be preferred to any other licensed pilot ; and 
 if his services be declined, he shall be entitled to the proportion of 
 pilotage prescribed by the ninth section ; — and if the pilot who 
 conducted her inwards shall not have tendered his services, then 
 any licensed pilot who shall first offer himself within the time spe- 
 cified in the eleventh section, shall be entitled to the same propor- 
 tion of pilotage if his services shall not be accepted. 
 Vessels when ex- 14. The following vcsscls shall be exempted from pilotage : — 
 rdte^'e!' '™"' '" vessels owned in the province and employed in the coasting trade 
 or fishery, except whalers, and all vessels under eighty tons bur- 
 then coming from any part of her majesty's dominions, and all her 
 majesty's ships of war ; but no vessel voluntarily taking a pilot on 
 board shall be exempted from pilotage ; nor shall any vessel not 
 spoken by a hcensed pilot at the distances from the respective har- 
 bors prescribed by the eighth section be subject thereto. 
 
 15. Nothing in this chapter contained shall deprive any per- 
 son who may act as a pilot in the absence of a licensed pilot, from 
 fees, receiving payment for his services, according to the tables of rates 
 in the schedule. 
 
 IG. A general or special sessions shall from time to time ap- 
 point and license one fit person for each of the harbors of Pictou, 
 t.iin ports narneii. Pugwash, Wallacc, Saiut Mary's, Antigonishe, Tatamagouche and 
 
 Point Bruley, to be harbor master thereof. 
 Bridgeport anri 17. The govcmor in council shall appoint for ea,ch of the har- 
 bors of Bridgeport and Spanish River, in the Island of Cape-Bre- 
 ton, one fit person to be harbor master thereof 
 
 18. The sessions shall from time to time prescribe the duties of 
 
 Duties of harbor- i i i. x 
 
 master to iM deft- such harDor masters. 
 
 r^wera and duties ^^- '^^^ sessious shall also make regulations for the anchorage 
 of sessions vela- of vcssels, and establish convenient and proper places for vessels to 
 ballast, public ' ' dischaxgc their ballast at, and may make agreements with persons 
 rh'e''iSng''orbye for crectiug wharves and other conveniences for such vessels to dis- 
 '""■' charge their ballast upon, and may make bye-laws to compel ves- 
 
 sels to discharge their ballast upon such wharves, or at such other 
 places as they may appoint, and for allowing masters of vessels a 
 reasonable time for disposing of or seUing such ballast ; and may 
 ai£x penalties not exceeding ten pounds for breach of any such re- 
 gulation or bye-law. 
 
 20. The rates of wharfage to be paid by vessels using the 
 wharves and other conveniences mentioned in the preceding sec- 
 tion, shall be established by the sessions, and may be recovered a.s 
 a private debt. 
 
 Buoys and marks 21. The general sessions or any special sessions, shall from time 
 iertain^harbors! time dircct as many buoys and other marks to be placed on the 
 sand banks and bars in the harbors of St. Mary's and Antigonishe, 
 as to them may appear necessary for the safety of the shipping, 
 and the convenient navigation of those harbors respectively ; and 
 
 Any person mjiy 
 aet iu the alj.;eai'e 
 of a lieensed pilot. 
 
 Jlarbor-masters 
 iijipointeil by seS' 
 ions forcer 
 
 Spanish Kiver 
 harbor-masters 
 appointed by the 
 {governor in coun- 
 cil. 
 
 Wharfage how es 
 tabhshed and col 
 lected. 
 
 under regtilations 
 
 made bv sessi 
 
TITLE XXL] Chap. 78. Sect. 22—31. 227 
 
 shall make regulations for the maintenance of such buoys and 
 marks, and authorise the harbor masters to carry the same into 
 effect ; and may affix penalties for breach of any such regulations, 
 not to exceed five pounds for any one offence. 
 
 22. The sessions shall appropriate out of the district funds at I'unJs roi- «iny 
 Saint Mary's, and out of the license funds at Antigonishe, the piutions^"iioV° 
 sums necessary for the purposes of the last section, which shall be ""^"'■ 
 repaid by a regular rate to be by them established from time to 
 
 time upon the different vessels coming into the respective harbors, 
 according to the tonnage thereof; which rates shall be collected by 
 the harbor master, and paid over to the district treasurer. 
 
 23. At St. Mary's, the last preceding section shall not apply Exemptions fov 
 to vessels exempted from the payment of harbor dues. saimMl.™?.''' "' 
 
 24. It shall be the duty of the harbor masters to prosecute all ^iv'ationofregu- 
 
 •J , PI- ■ lations to be pro- 
 
 persons violatmg the regulations or bye-laws of their respective secutedbyiiaiboi- 
 harbors. 
 
 2.5. No regulation or bye-law to be made by the sessions under Regulations and 
 this chapter shall be in force until approved by the governor in j/iovea by'jrovtr 
 
 council. nor in council. 
 
 26. Any person feeling aggrieved by any regulation or bye- iieiier to party 
 law, may complain thereof on affidavit to the supreme court in the piicat'ion''to'''su- 
 county, and the court shall inquire into the complaint ; and if it i"''™" ''™'''^- 
 appear that the regulation or bye-law is contrary to law or oppres- 
 sive, shall annul the same ; and the sessions shall not afterwards 
 
 make any regulation or bye-law to the same effect. 
 
 27. The sessions shall from time to time appropriate out of the Antigonish tow- 
 district funds, sufficient sums to keep in repair the tow-path of the ea* """^ ''^'""'" 
 harbor of Antigonishe. 
 
 28. No person shall take away any stones or ballast from the Pisii point bar 
 bar or beach called Fish Point, on the western side of the harbor ''"' "^^ '^ ' 
 of Cape Forchu, in the county of Yarmouth, under a penalty not 
 exceeding five, nor less than three pounds. 
 
 29. The harbor master of Spanish River shall furnish copies of iicense.i puot 
 
 ;s hL 
 
 the regulations made by the sessions, by virtue of the nineteenth iJefumtaM with" 
 section, to the licensed pilots of the harbor, who shall give a copy ™fa,t°ons"o^si,'j';" 
 thereof to the master or commander of every vessel which they shall masters. 
 take in charge. 
 
 30. The rates of pilotage to be received by the licensed pilots Kates of pilotage 
 for conducting vessels into or out of the respective harbors shall be schedule' a^ 
 according to the table in schedule A. ; and any pilot exacting or 
 attempting to exact a larger sum for his services, or taking a less 
 
 sum therefor, shall for every offence forfeit two pounds, and shall 
 also refund any excess so received. 
 
 31. The fees to be taken by harbor masters shall be at the iiarhi.r masters 
 rates in schedule B, according to the registered tonnage of the ves- soheSB!"'' ''^ 
 sels entering the harbors. 
 
228 Chap. 78. [parti. 
 
 SCHEDULE A. 
 
 RATES OF PILOTAGE. 
 
 At Halifax. 
 
 For vessels of 200 tons and under, . . . j£2 
 
 " '■■ from 200 tons to 300 tons, . . . 2 10 
 
 " ■' " 300 " to 400 " . . 3 
 
 " " of 400 " and upwards, . . . 3 10 
 
 On her majesty's ships under 6th rates, . . 2 
 
 " " " of 4th, 5th, and 6th rates, . 2 10 
 
 " ofthehne, ... 300 
 
 If any vessel be boarded north of Herring Cove or Thrum Cap, 
 
 the rate shall be one fourth less. 
 
 At Sydney. 
 
 For vessels under 100 tons, to Sydney town, £17 6 
 
 To Plant's bar, £10 
 
 From 100tol50 tons, to Sydney town, 1 12 6 
 
 To Plant's bar, 15 
 
 150to200 tons, to Sydney town, 1 17 6 
 
 To Plant's bar, 1 10 
 
 200to250tons, to Sydney town,£2 5 
 
 Plant's bar, £1 15 
 
 250to300 tons, to Sydneytown, 2 10 
 
 Plant's bar, 2 
 
 300to350 tons, to Sydneytown, 2 15 
 
 Plant's bar, 2 5 
 
 350to400 tons, to Sydney town, 3 
 
 Plant's bar, 2 10 
 
 And for every additional fifty tons to Sydney town ten shillings, 
 and to Plant's bar five shillings. 
 
 Al Pictoti, Pugwash, Wallace^ Antigonishe, Arichat, Tata- 
 magouche, and Point Bruley : 
 
 For vessels of 80 tons and under 140 tons, £1 10 
 
 " " 140 " " 240 " 2 
 
 240 " " 300 " 2 10 
 
 '• 300 " and upwards, 3 
 
 And on all vessels under eighty tons three pence per ton. 
 
 At Saint Man/s. 
 Three shillings and six pence for every foot of the draught of 
 water of each vessel. 
 
 SCHEDULE B. 
 
 HARBOR MASTERS' 1' E E y . 
 
 At Sydney. 
 For vessels not exceeding 100 tons, . . . £0 5 
 For vessels exceeding 100 and under 200 tons, . 10 
 
TITLE XXI.] 
 
 Chap. 79. 
 
 229 
 
 For vessels exceeding 200 and under 300 tons, . £10 
 300 tons, . . . .15 
 Vessels engaged in the coasting and fishing trade to be exempt 
 from the payment of any fee. 
 
 At Bridgeport, 
 
 One penny per ton to the extent of one hundred tons on all fo- 
 reign vessels. 
 
 At Pictov. Ptigivash^ Wallace^ Tatamagotic/ie^ and Point 
 
 Bridey : 
 One half-penny per ton on all vessels not under forty tons. 
 
 At Saint Mary^s. 
 For vessels exceeding 100 and under 150 tons, <£0 5 
 
 '• " " 150 ''• 250 '' 10 
 
 ''- " 250 tons, 10 
 
 Vessels engaged in the coasting and fishing trade, and all other 
 vessels resorting to the harbor for shelter, wood, "water, or provi- 
 sions, and not anchoring within the bar, to be exempt from the 
 payment of any fee. 
 
 At Aatigonlshe. 
 The fees to be estabhshed by the sessions. 
 
 CHAPTER 79. 
 
 OF PARTNERSHIPS. 
 
 SECTION' 
 
 1. When co-partnership has terminated mem- 
 
 bers may proceed against each other in 
 supreme court in certain cases by petition 
 and smnmons. 
 
 2. Copy of petition and summons to be served. 
 
 3. Court may proceed by rule to order arbitra- 
 
 tors. 
 
 4. Court may appoint arbitrators wliere the 
 
 parties neglect. 
 0. Arbitrators shall appoint a third person. 
 
 6. Arbitrators to be sworn ; form of oath. 
 
 7. Mode of proceeding by arbitrators presci'i- 
 
 bed. 
 
 8. Power to enforce attendance of witnesses. 
 
 9. Parties and witnesses to be examined j 
 
 award how made ; judgment how entered. 
 
 10. Execution to issue ; costs and expenses, 
 
 from whom and how recoverable. 
 
 11. Judgment when entered sliall be final. 
 VI. Limited partnerships, how formed. 
 
 Vo. Certificates and preliminary proceedings in 
 case of limited partnerships. I 
 
 Section 
 
 14. Certificates to be verified under oath. 
 
 15. Publication in newspapers and by handbdis 
 
 necessaiy. 
 
 16. llenewals of limited partnerships Ijow pro- 
 
 vided for. 
 
 17. Alterations in names or business to consti- 
 
 tute the partnership general, unless in 
 case of renewal. 
 
 18. Limited partnership under what names con- 
 
 ducted. 
 
 19. Actions to be in the names of the general 
 
 partners. 
 
 20. Regulations as to capital stock, anil the dis- 
 
 tribution of profits. 
 31. Special pai'tners may advise, but nut tran 
 
 sact business, for the partnership. 
 22. i'raud in special partnerships how punished. 
 2y. I'referential assignments by partjiers to be 
 
 held void against creditors. 
 
 24. Creditors' claims to be preferred to those of 
 
 special partners in case of iusolven(;y, &,c. 
 
 25. Dissolution how efiected. 
 
230 
 
 Chap. 79. Sect. 1—9. 
 
 [PAKT I. 
 
 AVden co-partuei'- 
 sliip has termina- 
 Led members may 
 proceed aj^aiiist 
 each other in su- 
 preme court in 
 certain caacs by 
 lietition and sum- 
 mons. 
 
 Copy of petition 
 and sumraoDS to 
 be served. 
 
 Court may pro- 
 ceed by rule to 
 order arbitrators. 
 
 Court may ap- 
 jioint arbitrators 
 where the parties 
 neglect. 
 
 -\ rhitrators shall 
 appoint a third 
 person. 
 
 Arbitrators to be 
 sivorn i form of 
 I »ath. 
 
 1. In cases of partnership where two partners only are con- 
 cerned, and where the whole amount of their dealings shall not have 
 exceeded two thousand pounds, and their partnership shall have 
 terminated, either of them may file a petition in the supreme court, 
 stating the facts respecting their dealings, and praying the aid of 
 the Court. A writ of Summons shall thereupon issue commanding 
 the appearance of the partner complained of at the next term, in the 
 county where the petition is filed, to answer the same. 
 
 2. A copy of the petition shall be served on the partner com- 
 plained of, at the time of the service of the summons or within a 
 convenient time before the return day thereof 
 
 3. On the return of the summons, if it shall be shewn to the 
 court that the partnership consisted of two persons only, and that 
 their whole dealing did not exceed two thousand pounds, the Court 
 shall, by rule, direct each partner to select one fit person as an ar- 
 bitrator between them. 
 
 4. If the partners do not, within the time specified by the 
 court, select two such persons, the court shall appoint two persons 
 to act as arbitrators. 
 
 5. The two persons so appointed shall select one other person, 
 and they, with such person, shall be arbitrators to examine and 
 settle the partnership dealings. 
 
 G. The arbitrators, before commencing such examination, shall 
 make, before a judge or commissioner, the following affidavit, which 
 shall be filed in the prothonotary's office : 
 
 We, A. B. C. D. and E. F. do hereby solemnly swear honestly 
 a'nd 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 — 
 
 G. H., J. P. 
 
 18—. 
 A. B. 
 C. D. 
 E. F. 
 
 Mode of pi'oceecl- 
 ing by arhitraLor; 
 prescribed. 
 
 atteinlaiicc of wit- 
 nesses. 
 
 Tarties a 
 nesses Lo 
 mined ; 
 linw made 
 
 id 
 
 v/ it- 
 be c.\a- 
 iward 
 judg- 
 
 ment Itow cnter- 
 
 7. The arbitrators shall then order the production of all books, 
 papers and accounts, relative to the partnership dealings, and shall 
 appoint such times and places as may appear expedient for the in- 
 vestigation 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 c.vjinrle. 
 
 S. Witnesses shall be summoned to attend before the arbitra- 
 tors by subpcena in the usual form, and if, upon being duly sum- 
 moned, 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. 
 
 y . The ai'bitrators shall examine the partners and their witnesses 
 upon oath, to be administei-ed by any one of the arbitrators, and 
 shall make an award in favor of such party, as they or two of them, 
 shall find justly entitled thereto, which shall be filed in the pro- 
 
TITLE XXI.] Chap. '79. Sect. 10—13. 231 
 
 thonotary's office, and judgment shall be entered for the amount 
 thereof, with or without costs, as directed by the arbitrators in tKeir 
 award, at the next term, if no sufficient objection be made thereto. 
 
 10. Execution may be issued on such judgment in the usual Execution m is- 
 course, and the arbitrators, or any two of them, shall have power expenwrr™" 
 to direct the costs of the proceedings, including reasonable com- rer™erai)V"'" 
 pensation 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. 
 
 11. Neither of the partners shall after such adjudication com- JudgnK-ntwiien 
 mence any proceedings in equity touching the partnership dealings, rmar' 
 
 and the judgment of the supreme court, under the above provi- 
 sions, shall be final. 
 
 12. Two or more persons may enter into and form limited part- ijimited pariuei- 
 nerships for the transaction of mercantile, mechanical, or manu- 
 facturing business, upon the terms, with the rights and powers, 
 
 and subject to the conditions and liabilities herein prescribed. 
 Nothing herein shall authorize any such partnership to engage in 
 any banking operation, or to become insurers upon any marine 
 risk, or upon loss 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 spe- 
 cific 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. 
 
 13. Persons desirous of forming such partnerships shall, be- certificates .nna 
 fore the same shall go into operation, make and severally sign a ceeaings, in case 
 certificate, containing the name of the firm under which such part- siii™!'"" '""'""''■' 
 nership is to be conducted, the nature of the business to be tran- 
 sacted, the names of all the partners interested therein, distinguish- 
 ing which are general and which special partners, and their respec- 
 tive 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 termi- 
 nate. Such certificate shall be acknowledged by the several per- 
 sons signing the same before a judge of the supreme court or jus- 
 tice of the peace, and such acknowledgment shall be certified in 
 writing on such certificate by the person before whom the same is 
 made. The certificate so acknowledged and certified shall be filed 
 in the office of the registrar of deeds, where the principal place of 
 business of the partnership shall be situated, and shall be recorded 
 by him at large in a book to be kept for that purpose, open to pub- 
 lic inspection ; and if the partnership shall have places of business 
 situated in different counties or districts, a transcript of the certifi- 
 
verified under 
 oatli 
 
 Chap. 79. Sect. 14 — 20. [part i. 
 
 cate 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. 
 Certificates to be 14. An aflSdavit of one or more of the general partners, and 
 also of one or more of the special partners, shall also at the same 
 time be filed in the same ofiice, stating that the sums specified in 
 the certificate to have been contributed by each of the special part- 
 ners to the common stock, have been actually and in good faith 
 paid in cash; and no such partnership shall be deemed to have 
 been formed until a certificate shall have been made, acknowledged, 
 filed, and recorded, and an affidavit filed as above directed ; and if 
 any false statement be made in such certificate or afiidavit all 
 persons interested in such partnership shall be liable as general 
 partners. 
 Publication in 15. The torms of every such partnership, when registered, 
 bnwnabi'iis''M- shall immediately be published at least six weeks in the royal ga- 
 cvRsniy. 2ette and one other newspaper published in Hahfax, and by hand- 
 
 bills posted up in some public places in the township in which the 
 business of the partnership shall be carried on. If such publica- 
 tion be not so made, such partnership shall be deemed general. 
 Affidavits taken before a justice, of the publication of such notice 
 by the printers of newspapers who shall have published the same, 
 and by the persons who shall have posted the hand-bills, may be 
 filed with the register, with whom the certificate of the partnership 
 shall have been filed, and shall be evidence thereof. 
 Kenewais of limi- 16. Evcry renewal or continuance of such partnership beyond 
 how pm^'uiefifon the time originally fixed for its duration shall be certified, acknow- 
 ledged, and recorded, and an affidavit of a general and special part- 
 ner made and filed, and notice given in the manner herein required 
 for its original formation; every such partnership otherwise re- 
 newed or continued shall be deemed a general partnership. 
 Alterations in 17. Evcry alteration made in the names of the partners, the 
 
 t'o™onstitute"the naturc of the business, or the capital or shares thereof, or in any 
 raruntes'in^case Other matter specified in the original certificate, shall be deemed a 
 or renewal. dissolution of the partnership ; and every such partnership carried 
 
 on after any alteration shall be deemed a general partnership, un- 
 less renewed as a special partnership according to the provisions 
 of the foregoing section. 
 Limited partner- 18. The business of the partnership shall be conducted under 
 namerconrtucteS ^ ^^^ ^^ *^^ names of the general partners only, without the ad- 
 dition 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 ^^- A.ctions and suits at law and in equity in relation to the 
 the names of the busiuess of the partnership may be brought and conducted by and 
 geneia pai nei.,. g^gg^jj^g^j. ^^^ general partners, as if there were no special partners. 
 Regulations as to 20. No part of the sum contributed by a special partner to the 
 the tirstrihution"o't Capital stock shall be withdrawn by him, or paid or transferred to 
 profits. jjjjjj jjj ^jjg ghape of dividends, profits or otherwise, at any time du- 
 
TITLE XXL] Chap. Y9. Sect. 21—25. 233 
 
 ring the contimiance of the partnership ; but a partner may annu- 
 ally receive lawful interest on the sum so contributed by him, if 
 the payment thereof shall not reduce the original capital ; and if 
 after the payment of such interest any profit shall remain to be 
 divided, he may also receive his portion of such profit ; but if it 
 shall appear that by the payment of interest or profits to any spe- 
 cial partner the original capital has been reduced, the partner re- 
 ceiving the same shall restore the amount necessary to make good 
 his share of capital with interest. 
 
 21. A special partner may from time to time examine into the spedai partnere 
 state and progress of the partnership concerns, and may advise as nouransart'bS 
 to their management, but he shall not transact any business on ness, fortueijait- 
 account of the partnership, nor be employed for that purpose as 
 
 agent, attorney, or otherwise ; and if he shall interfere contrary to 
 these provisions he shall be deemed a general partner. General 
 partners shall be liable to account to each other, and to the special 
 partners, for their management of the concern, both in law and in 
 equity, as other partners now are. 
 
 22. A partner guilty of any fraud in the afiairs of such part- Fiaua in special 
 nership shall be liable civilly to the party injured to the extent of pu'nMiwL'''''^"" 
 the damage, and shall also be liable to an indictment for a misde- 
 meanor, punishable by fine or imprisonment, or both, in the dis- 
 cretion of the court. 
 
 23. Every sale, assignment, or transfer of any of the property preferential as- 
 or effects of such partnership, or of a general or special partner, ',i^™™'\^\g 
 made by such partnership or a general or special partner, when heui void against 
 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 at- 
 torney 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 part- 
 ner who shall violate any provision of this chapter, or concur in, 
 or assent to, any such violation by the partnership, or by any in- 
 dividual partner, shall be hable as a general partner. 
 
 24. In case of the insolvency or bankruptcy of the partner- creditors' claims 
 ship, no special partner shall, under any circumstances, be allowed [jJ„''3eof''spedai"' 
 to claim as a creditor until the claims of all other creditors of the partners in case 
 
 T . ,' f* ^ uf insolvency, &c. 
 
 partnership are satisfied. 
 
 25. No dissolution of such partnership by the acts of the par- Dissolution how 
 ties shall take place previous to the time specified in the certificate «ff<^'^'«'- 
 
 of its formation or in the certificate of its renewal, until a notice of 
 such dissolution shall have been filed and recorded in the regis- 
 trar's office, 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 Halifax, and by handbills 
 in each of the counties where the partnership may have places of 
 business. 
 
 30 
 
234 
 
 Chap. 80. Sect., 1—3. 
 
 [part 
 
 CHAPTER 80. 
 
 OF FACTORS AND AGENTS. 
 
 Section 
 
 1. Agent in possession of goods, or the title 
 
 thereof, entitled to sell or pledge them. 
 
 2. Agent's powers in cases of exchange of 
 
 goods or their titles. 
 
 3. Contracts made with agent in good faith to 
 
 be held valid ; lien for antecedent debt 
 invalid. 
 
 4. Documents of title defined. 
 
 5. Possession of documents of title possession 
 
 of goods. 
 
 6. Pledge upon title to be pledge upon goods. 
 
 7. Agent to be considered in possession of 
 
 goods, &c., whenever they are under his 
 control. 
 
 8. Advance to an agent possessed of goods, or 
 
 their title, where agent not authorized to 
 
 Section 
 
 pledge, when held valid ; contracts bj' 
 otJiers for agent held valid. 
 9. Advances may be in money, or negotiable 
 securities. 
 
 10. Possession by agent of goods, or their title, 
 
 evidence of agency. 
 
 11. Agent pledging goods illegally guilty of a 
 
 misdemeanor. 
 
 12. Accessories also guilty of a misdemeanor. 
 
 13. Agent may pledge goods for advances or 
 
 acceptances. 
 
 14. Conviction not evidence against agent \ 
 
 compulsory disclosures not evidence 
 against agent. 
 
 15. Owner may redeem goods pledged. 
 
 10 Proceedings under this chapter not to aflFect 
 other remedies at law or equity. 
 
 Agent in posses- 
 sion of goods, or 
 the title thereof, 
 empowered to sell 
 or pledge them. 
 
 Agent's powers in 
 cases of exchange 
 of goods or their 
 titles. 
 
 C(intracts made 
 with agent in 
 good faith to be 
 held valid -, lieii 
 for antecedent 
 debt invalid. 
 
 1. Any agent entrusted -with the possession of goods, or the 
 documents of title thereto, shall be deemed the OAvner thereof, so 
 as to render valid and binding upon all persons interested therein 
 any contract made with such person for the purchase of such 
 goodsj or by way of pledge, lien, or security for advances upon 
 such goods or documents, or for further or continuing advances 
 thereon, although the person making such purchase, or claiming 
 such pledge or lien, may have had notice that the person with 
 Avhom 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 con- 
 tract, that such agent is not authorized to sell the goods and re- 
 ceive the purchase money, or to pledge such goods. 
 
 2. Any contract for pledge, lien, or security made by an agent 
 entrusted ivith the possession of goods, or the 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 dehvering them has at the time a valid lien for a previous 
 advance by virtue of some contract made with such agent, shall be 
 as vahd as if ^he consideration therefor had been an advance of 
 money ; but the lien required thereby shall not exceed the value 
 at the time, of the goods, documents of title, or negotiable security 
 delivered up and exchanged. 
 
 3. Such contracts, loans, advances and exchanges as are made 
 in good faith and without notice that the agent making such con- 
 tracts or agreements is acting Avithout authority or in bad faith, 
 although with notice of such agent not being the owner of the 
 
TITLE XXL] Chap, 80. Sect. 4—12. 235 
 
 goods are alone rendered valid hereby and binding upon all per- 
 sons interested therein. Nothing herein shall make vahd 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. 
 
 4. Any document used in the ordinary course of business as Documents ot title' 
 proof of the possession or control of goods, or authorizing or pur- *'^''"^''- 
 porting to authorize the holder to transfer or receive goods thereby 
 represented, shall be considered a document of title within the 
 
 meaning hereof. 
 
 5. Any agent possessed of any such document, whether de- Possession or do- 
 rived immediately from the owner of such goods or obtained by possess'ton""'^ 
 reason of such agent's having been possessed of the goods or any sooAs. 
 
 other document of title thereto, shall be deemed to be possessed of 
 the goods represented by such document. 
 
 6. Any contract pledging or giving a lien upon such docu- Pledge upon title 
 ment shall be deemed a pledge or lien upon the goods to which the goodsf '^ °'^ "''™ 
 same relates. 
 
 7. Such agent shall be deemed possessed of such goods or Agenttobeconsi- 
 documents, whether the same be in his actual custody or be held sfon^f goods'"&c 
 by any other person subject to his control or on his behalf. whenever they 
 
 o -nn. J • J J. i T /■ 1 "'■* under his con- 
 
 s. Where any advance is made to an agent possessed ot goods troi. 
 or documents of title thereto on the faith of a contract in writing, age™praies^dof 
 to consign, deposit, transfer or deliver such documents, if such f °t°*^; ?■■ "'^''^ 
 goods or documents shall be received by the person making such not authorized to 
 advance without notice that such agent was not authorized to make viafd^rantracte* 
 such pledge or security, such advance shall be deemed to be an ''y°*f''fj'°'',., 
 
 ■TO ■ ^ ^ 1 1 ■ ^ ■ 1 agent held valid, 
 
 advance on the security ot such goods or documents within the 
 meaning hereof, though such goods or documents shall not be re- 
 ceived by the person making the advance until a period subsequent 
 to such advance. Any contract, whether made direct with such 
 agent or with any person on his behalf, shall be deemed to be 
 made with such agent. 
 
 9. Any payment, whether by money or negotiable security. Advances may be 
 shall be deemed an advance within the meaning hereof gotSbifi'secu- ™ 
 
 10. Any agent in possession of goods or the documents of title S*^- . , 
 
 1 11 1 1 1 11 -111 1 Possession by 
 
 thereto, shall be deemed entrusted therewith by the owner unless agent of goods, 
 
 . 1 , 1 1 ■ . 1 "^ or then- title, evi- 
 
 the contrary be shewn m evidence. dence of agency. 
 
 11. Any agent who shall, unauthorized by his principal, for Agent pledging 
 his own benefit and in violation of good faith, make any consign- ^"-jjy of Tmu- 
 ment, deposit, transfer or delivery of any goods or documents of Aemea,not. 
 title so in his possession as a pledge or security, or accept any ad- 
 vance on the faith of a contract to make any such consignment, 
 
 deposit, transfer or delivery, shall be guilty of a misdemeanor, and 
 be imprisoned in the provincial penitentiary for a term not excee- 
 ding seven, nor less than two years, or be fined, or both, as the 
 court shall award. 
 
 12. Any person knowingly and wilfully assisting in making Accessories also 
 
236 
 
 Chap. 81. Sect. 1. 
 
 [part I. 
 
 guilty of a misde- 
 meanor. 
 
 Agent may pledge 
 goods for ad- 
 vances or accep- 
 tances. 
 
 Conviction not 
 evidence against 
 agent ; compul- 
 sory disclosures 
 not evidence 
 against agent. 
 
 Owner may re- 
 deem goods 
 pledged. 
 
 Trnceedings un- 
 der this chapter 
 not to affect other 
 remedies at law or 
 equity. 
 
 any such consignment, deposit, transfer or delivery, 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 such con- 
 signment, deposit, transfer or delivery as above mentioned for ad- 
 vances 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 evidence in 
 any suit against him, and no agent shall be liable to such convic- 
 tion upon any evidence whatsoever who shall previous to his in- 
 dictment have made disclosure upon oath under compulsory process 
 of any court in any action instituted in good faith by a party ag- 
 grieved. 
 
 15. Nothing herein shall affect the right of the owner to re- 
 deem such goods or documents of title so pledged before the sale 
 thereof upon repayment of the amount of the lien thereon or resto- 
 ration 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. 
 
 16. These provisions shall not, nor shall any conviction or 
 judgment under them lessen, or in any way affect any remedy at 
 law or in equity which any person aggrieved would have had 
 against the offender if such provisions had not been made. 
 
 CHAPTER 81. 
 
 OF BILLS or EXCHANGE AND PROMISSORY NOTES. 
 
 Section 
 1" Damages and interest on protested bills of 
 
 exchange. 
 2. Promissory notes negotiable ; who may sue 
 
 thereon. 
 .;. Notes not payable in money presumed to be 
 
 Section 
 
 for a good consideration, but not negotia- 
 ble ; how recovered. 
 4. No damages recoverable for non-delivery of 
 articles mentioned in such note. 
 
 Dama^^cs and in- 1. A bill of oxchangc drawu by a person residing within the 
 tested bmroT province and returned protested, shall, if drawn upon a person 
 .-xchange. residing within the province, be subject to six per cent, per annum 
 
TiTjiE XXI.] Chap. 82. Sect. 1—2. 237 
 
 interest from the date of the protest to the time of payment. If 
 drawn upon a person in any part of North America without the 
 province, it shall be subject to five per cent, damages and six per 
 cent per annum interest from the date of the protest to the time 
 of payment ; and, if drawn upon a person in any other country, it 
 shall be subject to ten per cent, damages and six per cent, per 
 annum interest from the date of the protest to the time of pay- 
 ment. 
 
 2. A promissory note shall be assignable or endorsable in the riomissory notes 
 
 - 1 1 -t -n n 1 T ,1 negotiable; who 
 
 same manner as an miand bill ot exchange ; and the payee, or may sue thereon. 
 endorsee thereof, or the holder, where the note is payable to bearer, 
 may bring an action thereon in his own name. 
 
 3. A note in writing for a sum certain payable otherwise than Notes not payaue 
 in money, shall be held prima facie to be given for a valuable ™,n.'ed"to'be''for a 
 consideration, but shall not be negotiable. The amount of such 8:,o°<i consideia- 
 note may be sued for and recovered as if the amount thereof were tiawe i how lecu- 
 payable unconditionally in money. ^"^' ' 
 
 4. In an action brought upon such note the amount only pay- no damages reco- 
 able thereunder shall be recoverable without damages for the non- delivery of aitu 
 delivery of the articles enumerated therein. snch'Se'f'"'' " 
 
 CHAPTER 82. 
 
 OF INTEREST. 
 
 Section ; Section 
 
 1. Interest to be 6 per cent. ; contracts reser- ! 4. Interest may be allowed in certain cases for 
 
 Ting a higher rate to be void, and of- delay of payment. 
 
 fender to forfeit treble value. ! 5. Damages in the nature of interest may be 
 
 2. Contracts respecting grain or live stock ex- [ allowed in certain actions. 
 
 cepted. [ 6. Limitation of actions for taking illegal in- 
 
 ?>. Hypothecation of vessels excepted. I tercst. 
 
 1. No person upon any contract, shall take directly or in- interest to he 
 directly, for the loan of monies or goods, above the rate of six per f,.S rcseUinra 
 cent, per annum. All contracts whereby a greater rate of interest higher rate to i,c 
 
 J- , ., in 1 • • . void, and offender 
 
 is reserved, shall be void, and all persons taking or receiving upon to forfeit treble 
 any contract or security a greater rate, shall forfeit treble the *'"'"''■ 
 value of the monies or goods in such contract or security contracted 
 for or secured. 
 
 2. Any person may, nevertheless, contract for the loan or hire contracts ic- 
 of grain or live stock, upon halves or otherwise, upon the lender o'*fj'™^s 
 taking upon himself all risk of such stock : but if it shall appear "'=i"'='i- 
 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. 
 
 Tain 
 stock ex- 
 
238 
 
 Chap. 83. Sect. 1. 
 
 [PAKTI. 
 
 HypoLliccatiou of 
 vessels excepted. 
 
 Interest may lie 
 allowed in cert:iiii 
 Ciises for delay of 
 payment. 
 
 Damages in the 
 nature of interest 
 may be allowed in 
 certain actions. 
 
 Limitation of ac- 
 tions for taking 
 illegal interest. 
 
 o. The foregoing provisions shall not extend to any hypothe- 
 cation or agreement in writing entered into for money advanced 
 upon the bottom of a ship or vessel, her cargo or freight. 
 
 4. Upon all debts or sums certain payable at a certain time, 
 or otherwise, the jury, and the court where there is no jury, on 
 the trial of any issue or inquisition of damages, may, if they shall 
 think fit, allow interest from the time when such debts, or sums 
 certain, were payable, if such debts or sums be payable by virtue 
 of some written instrument at a certain time, or if payable other- 
 wise, 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 jury on the trial of any issue, or on any inquisition of 
 damages, may, if they shall think fit, give damages in the nature 
 of interest above the value of the goods at the time of the con- 
 version or seizure, in all actions of trover, or trespass de bonis 
 asportatis^ and above the money recoverable in all actions on poli- 
 cies of assurance. 
 
 6. No prosecution for taking illegal interest shall be com- 
 menced but within twelve months from the time the offence was 
 committed. 
 
 CHAPTER 83. 
 
 OF CURRENCY. 
 
 Sbctios 
 
 1. Coins which are a legal tender, and their 
 
 rate of value. 
 
 2. Amount of British silver which may be ten- 
 
 dered at one time. 
 
 3. Bankers' notes and bills to be payable in 
 
 gold or silver, and twelve per cent, inte- 
 rest after demand. 
 i. Such notes to be transferable by delivery, 
 and recoverable by the holder. 
 
 Section 
 
 5. The holder may tender such note to the 
 
 maker as a payment. 
 
 6. Bank notes not to issue under five pounds, 
 
 and to be payable in specie. 
 
 7. Treasury notes excepted, also orders, bank 
 
 checks, and promissory notes, not in- 
 tended as currency. 
 
 Coins which arc a 
 le(-'al tender, and 
 their rate of value. 
 
 1. The several coins hereafter mentioned shall be legal tenders 
 in discharge of any liability or demand, at the respective rates here- 
 after declared, viz : 
 
 The gold coin of the United Kingdom called a sovereign, being 
 of full weight, at the rate of one pound sterling, or one pound five 
 shillings currency. 
 
 The foreign gold coin called the doubloon, being of not less 
 weight than four hundred and fifteen grains, each containing not 
 less than three hundred and sixty grains of pure gold, at and 
 after the rate of three pounds four shillings sterling, or four 
 pounds currency. 
 
TITLE XXI.] 
 
 Chap. 83. Sect. 2—7. 
 
 239 
 
 The Peruvian, Mexican, Columbian, and old Spanish dollar, 
 being of the full weight of four hundred and sixteen grains, and 
 containing not less than three hundred and seventy-three grains of 
 pure silver, at the rate of four shillings and two pence sterling, or 
 five shillings and two pence half-penny currency. 
 
 All British silver coins after the same rate as the sovereign in 
 the same proportion as such respective coins bear thereto. 
 
 And the copper coin legally current in the United Kingdom and 
 that issued from the treasury of the province as penny and half- 
 penny pieces currency. 
 
 2. No person shall be compelled to receive at any one time a 
 greater amount than fifty shillings currency in British silver mo- 
 ney, nor more than twelve pence currency in copper money ; and, 
 in any payment, no account shall be taken of any fractional part 
 remaining due less than one half penny. 
 
 3. The holder of any undertaking or order for the payment of 
 money, which is designed to be, and to serve the like purpose of 
 notes or bills of bankers, or for circulating currency, whether pay- 
 able to a real or fictitious person or to the bearer thereof, or pur- 
 porting to be transferable by endorsement or delivery, and whether 
 made payable in gold or silver or otherwise, may demand the full 
 amount thereof in gold or silver money from the party by whom 
 the same is payable ; and in default of such payment the party 
 shall pay to such holder interest at the rate of twelve per cent, per 
 annum upon the amount thereof from the day of such demand and 
 refusal. 
 
 4. Every such undertaking shall be transferable by delivery 
 only without endorsement or assignment ; and every holder of such 
 undertaking may recover the amount therein expressed as if the 
 same were a promissory note, made absolutely payable in gold or 
 silver money. 
 
 5. The holder of any such order or undertaking being indebted 
 to the person being the maker thereof may tender the same to such 
 maker in or towards payment of such debt for the full amount 
 therein expressed. 
 
 6. Any person issuing as circulating currency any promissory 
 note, bank note or bill for a less sum than five pounds, shall, for 
 every such oflence, forfeit ten pounds ; and any person issuing as 
 circulating currency any promissory note, bank note or bill, ex- 
 pressed to be payable otherwise than in gold or silver money, shall, 
 for every such offence, forfeit a like sum. 
 
 7. The foregoing provisions shall not extend to treasury notes 
 of this province nor to any undertaking or order not designed for 
 circulation as currency, but bona fide drawn by any person upon 
 his banker or any other person, nor shall they prevent any person 
 indebted in a sum less than five pounds from making to his credi- 
 tor a promissory note or undertaking to pay such sum. 
 
 Amount of British 
 silver wllicll may 
 be tendered at one 
 time. 
 
 Banliers' notes 
 and bills to be 
 payable in gold or 
 silver, and twelve 
 per cent, interest 
 after demand. 
 
 Such notes to be 
 transferable by 
 delivery, and re- 
 coverable by the 
 holder. 
 
 The holder may 
 tender such note 
 to the maker as a 
 payment. 
 
 Bank notes not to 
 issue under five 
 pounds, and to be 
 payable in specie. 
 
 Treasury notes 
 excepted, also or* 
 ders, bank checks 
 and promissory 
 notes, not in- 
 tended as cur- 
 rency. 
 
240 Chap. 84. Sect. 1—6. [part i. 
 
 CHAPTER 84. 
 
 OP MILLS AND MILLERS. 
 
 Sf.ctton 
 
 1. Tolls for grinding wheat, &c. regulated. 
 
 2. Tolls for hulling barley, bolting flour, &c. 
 
 3. Quantity of grain, how ascertained. 
 
 4. Fine for taking or demanding illegal toll. 
 
 Section 
 
 5. Fine for refusing to grind, &c. ; steam mills, 
 
 when excepted. 
 
 6. Millers to keep scales and weights in mills 
 
 under penalty of five pounds. 
 
 Tolls for rindin" ^- '^^^ *°^^^ *° ^® taken bj every miller for grinding Avheat, 
 wheat, &c. regu- rye, barley, buckwheat, or indian corn, or for grinding oats which 
 
 lated 
 
 are not kiln dried, shelled and sifted, shall not exceed one sixteenth 
 part, nor the tolls for kiln drying, shelhng, grinding and sifting 
 oats, one eighth part of the whole quantity brought to the mill to 
 be ground. 
 
 Tolls for hulling 2. Evcry miller shall receive for hulling barley one sixth of the 
 flour \c""'"^ 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. 
 Quantity of grain, ^- ^^^ quantity of grain or corn to be ground, shall be ascer- 
 how ascertained, taiucd by a Sealed measure. 
 
 Fine tor taking or 4. A miller demanding or taking any larger toll than is hereby 
 
 demanding illegal allowcd, shall forfeit forty shillings for every such oifence, and 
 
 shall pay the owner the full value of the grain or meal taken 
 
 beyond the prescribed toll. 
 
 Fine for refusing ^- -^ miller refusing to grind any grain or corn, or to hull any 
 
 to grind, &c. i barley which shall be in good order, or to bolt or sift any flour or 
 
 excepted'. ' meal, having the requisite machinery therefor, shall forfeit forty 
 
 shillings for every ofience ; 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 convenient 
 
 weights "in mills place, propcrly fitted and provided, a good and sufiicient beam and 
 
 five'^pou'ndi's'!"^ °' 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 
 
 eveiy such offence, forfeit five pounds. 
 
TITLE XXI.] 
 
 Chap. 85. 
 
 241 
 
 CHAPTER 85, 
 
 OF THE REGULATION AND INSPECTION OF PROVISION'S, LUMBER, 
 FUEL, ANB OTHER MERCHANDIZE. 
 
 Section 
 
 1. Appointment of inspectors ; their bonds j 
 
 penalty for trafficking in fish ; penalty for 
 acting without authority. 
 
 2. Chief inspector to appoint deputies. 
 
 3. Qualities of inspected fish, and their de- 
 
 scriptions respectively. 
 
 4. Casks and boxes ; their quality, dimen- 
 
 sions, capacity, &c. 
 
 5. Casks to contain certain quantities of fish 
 
 and salt. 
 
 6. Pickled and smoked fish to be inspected 
 
 before exportation. 
 
 7. Certificates of inspection ; fine for exporta- 
 
 tion without. 
 
 8. Smoked herrings liable to seizure if not in- 
 
 spected. 
 
 9. Instructions for curing and packing fish. 
 
 10. Damaged fish not to be inspected. 
 
 11. Fish to be sorted, inspected, and branded 
 
 in inspector's presence. 
 
 12. Inspectors, when to attend ; manner of in- i 
 
 spection. [ 
 
 13. Smoked herrings, how inspected. 
 
 14. Fees of inspectors, and how paid. 
 
 15. Eeturns of chief Inspectors, how made. 
 
 16. Deputy inspectors to account to chief in- 
 
 spectors. 
 
 17. Fine for allowing unauthorized parties to 
 
 inspect fish, and for lending branding 
 
 18. Fine for acting without authority. 
 
 19. Counterfeiting brands, or shifting fish im- 
 
 properly, punishable by fine and impri- 
 sonment. 
 
 20. Fine for intermixing or improperly export- 
 
 ing pickled fish. 
 
 21. Forfeiture upon masters of vessels for re- 
 
 ceiving on board uninspected smoked her- 
 rings. 
 '22. Actions for misconduct of deputies ; liability 
 of inspector in such cases, and his re- 
 dress. 
 
 23. Inspected casks may be re-inspected ; de- 
 
 ficiencies, how supplied. 
 
 24. Casks of fish oil, how branded. 
 25- Guager's duty and fees. 
 
 26. Fine upon guager for misconduct. 
 
 27. Fine for acting as a guager without autho- 
 
 rity. 
 
 28. Qualities and descriptions of inspected beef 
 
 and pork. 
 
 31 
 
 Section 
 
 29. Casks for packing salted beef and pork, 
 
 their quality and dimensions. 
 
 30. Casks to contain a certain weight of meat 
 
 and salt of certain descriptions. 
 
 31. Duty of inspectors and re-packers 5 mode 
 
 of branding. 
 
 32. Beef and pork, how prepared for re-pack- 
 
 ing. 
 
 33. Fees of inspectors. 
 
 34. Fines for misconduct. 
 
 35. Fines for exporting uninspected beef or 
 
 pork. 
 
 36. Proceedings where there is suspicion that 
 
 uninspected beef or pork has been shipped. 
 
 37. Forfeiture for shifting or intermixing re- 
 
 packed beef or pork. 
 
 38. Fresh beef; regulations for weighing, &c. 
 
 39. Live cattle and government contracts ex- 
 
 cepted from the operation of last section. 
 
 40. Officers' fees. 
 
 41. Fine upon officer for neglect of duty. 
 
 42. Bread for sale, how marked. 
 
 43. Weight of loaves. 
 
 44. Fine for selling unmarked bread. 
 
 45. Persons selling bread shall keep scales and 
 
 weights. 
 
 46. Justices or constables authorized may seize 
 
 bread unmarked or short of weight as for- 
 feited. 
 
 47. Fine for obstructing officer. 
 
 48. Fine for selling bread short of weight. 
 
 49. Fine for servants or journeymen offending. 
 
 50. Baker may be relieved from fines incurred 
 
 by the wilful misconduct of servants. 
 
 51. Loaves made to order, or weighing less than 
 
 half a pound, excepted ; limitation of 
 suits. 
 
 52. Weight of grain and corn, per bushel. 
 
 53. Wheat and barley, not home produced, to 
 
 be sold by weight. 
 
 54. Grain sold on board, to be delivered from a 
 
 vessel, to be weighed and measured by a 
 sworn measurer. 
 
 55. Heated or unmarketable grain not to be 
 
 taken account of, unless by request of pur- 
 chasez'. 
 
 56. Fees of measurers 5 their measures. 
 
 57. Fine for violation of provisions. 
 
 58. Fine upon measui'ers for misconduct. 
 
 59. Flour to be weighed ; weight of barrels, &c. 
 
 60. Barrels, &c. how branded. 
 
242 
 
 Chap. 85. Sect. 1—2. 
 
 [part I. 
 
 Section 
 
 61. Fine for selling ban-els, &c. light of weight 
 
 or not branded. 
 
 62. Weighers' fees. 
 
 63. Fine for improperly refilling empty branded 
 
 barrels, &c. 
 
 64. Tare of barrels, &c. how ascertained. 
 
 65. Fine upon weighers for misconduct. 
 
 66. Home manufactured floui* excepted, if 
 
 weighed and branded by the proprietor of 
 the mills. 
 
 67. Wheat floui- warehoused for exportation 
 
 excepted. 
 
 68. Weighers, how appointed ; their returns. 
 
 69. Tare on sugar, how ascertained. 
 
 70. Fine for not allowing tare on sale. 
 
 71. Coal and salt to be measured. 
 
 72. Liable to foi-feiture if delivered without 
 
 being measured. 
 
 73. Fees of measurers. 
 
 74 Fine upon measurei'S for misconduct. 
 
 75. Coals, how measured. 
 
 76. Inspectors of sole leather shall keep scales 
 
 and weights ; their duty on jn.spection ; 
 marks and numbers to be impi-essed. 
 
 77. Deductions from weight when leather is not 
 
 dry ; inspectors' fees. 
 
 78. Fine for oQering for sale unstamped sole 
 
 leather, 
 
 79. Fine for violation of duty by inspector. 
 
 80. Hay ; how weighed ; weighers' fees. 
 
 81. Cordwood for retail ; its quality and di- 
 
 mensions. 
 
 82. Cordwood from shipboard to be measured ; 
 
 measurers' fees. 
 
 83. Fine for selling without being measured. 
 
 84. Undimensioned wood to be rejected. 
 
 85. Provisions in case of rotten or crooked 
 
 wood, 
 
 Section 
 
 86. Fine for measm-er violatmg his duty. 
 
 87. Boards to be of four qualities ; their de- 
 
 scription. 
 
 88. Dimension deals defined. 
 
 89. Plank for exportation ; their size and 
 
 quality. 
 
 90. Ton timber for exportation ; its size and 
 
 quality. 
 
 91. Merchantable spruce, pine, and hardwood 
 
 timber ; the size and quality. 
 
 92. Shingles to be of three qualities ; their de- 
 
 scriptions. 
 
 93. Clapboards ; their length and description. 
 
 94. Lathwood ; description of, and how mea- 
 
 sured. 
 
 95. Staves 5 then- description and mode of cal- 
 
 culation. 
 
 96. Timber, lumber, and shingles purchased for 
 
 exportation shall be as respectively de- 
 scribed. 
 
 97. Duty of lumber measurers on a survey. 
 
 98. Fees of surveyoi's of lumber. 
 
 99. Sui-veyors certificates ; their effect ; provi- 
 
 sions in cases of dispute. 
 
 100. Fees of surveyor payable by seller 5 seller's 
 
 duty on survey. 
 
 101. Timber, lumber, and shingles forfeited if 
 
 sold without being sui'veyed ; cargoes in 
 the city of Halifax excepted. 
 
 102. Shingles, clapboards, and staves found de- 
 
 fective to be rejected. 
 
 103. Shingles and clapboai-ds forfeited when of- 
 
 fered for sale deficient in the marked 
 quantity. 
 
 104. Fine for destroying surveyors' marks on 
 
 timber, &c. 
 
 105. F'ine for lumber surveyor violating his duty. 
 
 106. Limitation of actions. 
 
 Appointment of 
 inspectors ; theu' 
 bonds ; penalty 
 for trafficking in 
 fish -, penalty for 
 acting without 
 authoritj''. 
 
 Chief inspector to 
 appoint deputies. 
 
 Fish. 
 
 1. The governor in council shall appoint in every county a 
 chief inspector of pickled fish therein, who shall be sworn into 
 ofiice and shall give a bond with two sureties in five hundred 
 pounds to her majesty for the faithful discharge of his duty. He 
 shall not engage nor have any interest, direct or indirect, in the 
 curing or packing or the sale of pickled fish, under a penalty of 
 one hundred pounds, and forfeiture of his office ; and any person 
 who shall act as inspector or deputy inspector without having been 
 duly appointed and sworn, shall forfeit five pounds for each of- 
 fence. 
 
 2. Every chief inspector shall appoint a sufiScient number of 
 deputies to act under him during pleasure, and shall be responsi- 
 ble for their official conduct, and shall take a bond from each of 
 them in fifty pounds with sureties ; and every such deputy shall 
 be sworn to the faithful discharge of his duty in the same manner 
 as the chief inspector. 
 
TITLE XXI.J Chap. 85. Sect. 3—4. 243 
 
 3. There shall be three qualities of mackerel, three of salmon, Qualities of in- 
 two of other kinds of pickled fish, and two of smoked herrings. E'lteBcriptions 
 
 Mackerel of the quality number one shall consist of the best and '■'==P^<='"«'y- 
 fattest fall mackerel, having had the blood well washed out pre- 
 vious to being salted, and being properly soaked, well cured in 
 every respect, free from taint, rust or damage, well split, and be- ' 
 ing of the best kind and in the best condition, and measuring not 
 less than fifteen inches from the extremity of the head to the 
 crotch of the tail, — such mackerel shall be branded " mackerel, 
 number one," and if scraped shall be branded " mackerel, number 
 one, extra." 
 
 Mackerel of the quahty number two shall consist of the best 
 fall mackerel which shall remain after the selection of the first 
 quality, being properly soaked, the blood washed out, well cured, 
 and in every respect free from taint, rust or damage, well split, 
 and measuring not less than twelve inches from the extremity of 
 the head to the crotch of the tail ; and such mackerel shall be 
 branded " mackerel, number two," and if scraped shall be bran- 
 ded "mackerel, number two, extra." 
 
 The quality to be branded number three shall consist of good 
 sound mackerel properly soaked, the blood washed out, well cured, 
 well split, and in every respect free from taint, rust or damage ; 
 and all mackerel less than ten inches in length shall be branded 
 " small;" and all rusty fish, without reference to quality, shall be 
 branded " rusty." 
 
 Salmon to be branded " No. 1" shall consist of the best and 
 fattest kind, having had the blood well washed out previous to its 
 being salted, and being well cured, well split, and in every respect 
 free from taint, rust or damage, being fish of the best kind and in 
 the best condition. Those to be branded " No. 2" shall compre- 
 hend the best salmon that remain after the selection of the first 
 quahty ; and those to be branded " No. 3" shall consist of other 
 salmon, but both of the last mentioned qualities shall be, never- 
 theless, sound, good fish, blood well washed out, well cured, well 
 spht, and in every respect free from rust, taint or damage. 
 
 The quality of herrings, alewives, or other pickled fish to be 
 branded " No. 1 " shall consist of the fattest and best fish ; and 
 the quality to be branded '' No. 2" of the poorer, thinner and in- 
 ferior fish, and both of the qualities shall be carefully cured and 
 cleansed, and in every respect free from taint, rust or damage. 
 
 Smoked herrings branded " No. 1" shall comprehend the smoked herrings; 
 
 their No flrTifl 
 
 fattest and best fish; and those branded "No. 2" the poorer, qualities'. 
 thinner, and smaller fish. They shall be sweet, and well cured 
 and smoked. 
 
 4. Barrels and half barrels in which pickled fish is intended to casks and boxes ; 
 be packed shall be made of sound, well seasoned staves, free from mensbn™ 'ca'ta-" 
 sap, and the heading shall be of hard wood, pine or spruce, smooth ''"^' ^''' 
 on the outside, and shall, as well as the staves, be at least three 
 quarters of an inch in thickness, but of hardwood the staves may be 
 
244 Chap. 85. Sect. 5—9. [pakt i. 
 
 five-eighths of an inch in thickness. Staves for mackerel and sal- 
 mon shall be twenty-eight inches in length, and the heads, between 
 the chimes, seventeen inches, the staves for herrings and ale- 
 wives, twenty-seven inches, and the heads, between the chimes, 
 sixteen inches ; and the bung stave shall always be of hard wood ; 
 the casks shall be well hooped with at least four hoops on each 
 bilge and four on each chime. Mackerel and salmon barrels shall 
 contain not less than twenty-eight nor more than twenty-nine gal- 
 lons, and barrels for herrings and alewives not less than twenty-six 
 nor more than twenty-seven gallons, and the tierces and half bar- 
 rels shall contain a quantity proportionate thereto. The makers 
 shall brand their names on every barrel and half barrel under a 
 penalty of five shillings for each cask. 
 
 Boxes for smoked herrings shall measure on the inside eighteen 
 inches in length, twelve in breadth, and six in depth ; or eighteen 
 inches in length, nine in breadth, and eight in depth : and shall be 
 strong, well made, sufficiently seasoned, and the covers well planed 
 or shaved. 
 Casks to contain 5. Casks shall contaiu the quantity of fish hereinafter pre- 
 of fish'and''""'."'^ scribod for each respectively, over and above the salt and pickle 
 necessary to preserve the same, that is to say : a tierce, three 
 hundred pounds ; a barrel, two hundred pounds ; and a half bar- 
 rel, one hundred pounds. Each barrel shall contain, two pecks of 
 salt, clean and suitable for the purpose ; and every tierce and half 
 barrel shall contain a like proportion. 
 Pickled and 6. All pickled fish intended for exportation in tierces, barrels 
 
 inspected before and half barrels, and all smoked herrings intended for exportation 
 exportation. ^^ ^^^^^ gj^g^jj ^^ gj.g^ inspected, and the cask or box branded on 
 
 the head thereof by an inspector in plain legible characters, with 
 the description of the fish, the number of the quality and the 
 weight, the initials of the christian names and the whole surname 
 of the actual inspector, the name of the town or place where he 
 acts as inspector, the capital letters " N. S." for Nova Scotia, and 
 the year of the inspection. 
 Certiflcates or in- 7. The pcrson who shall havc actuallv inspected any pickled 
 
 sT)Gction ' fin6 tor t v ^ 
 
 exportation with- fish, shall grant a certificate of such inspection, which shall be 
 
 ""'■ given to the proper officer before any vessel on board which the 
 
 fish may be laden, shall be cleared out. Any person exporting 
 
 pickled fish in tierces, barrels or half barrels, contrary to this 
 
 section, shall forfeit five shilhngs for every such cask. 
 
 Smoked imrrings g. Smokcd hcrrings shipped or sold without having been duly 
 
 ll3.Dl6 to S61Zlirti it O J. i. O 1/ 
 
 not inspected. inspected and branded, may be seized under a warrant of a justice 
 
 of the peace, to be given upon information under oath. 
 instractions for 9. All inspcctcd plcklcd fish, whether split or otherwise, shall 
 ing flsh™'' '""'''" be well struck or salted in the first instance, and the qualities shall 
 be those prescribed in the third section. Each cask shall be filled 
 up with fish of the same kind and quality, properly packed and 
 headed up, with the requisite number of hoops thereon. The fish 
 shall be very carefully sorted and classed, ^iccording to their re- 
 
TITLE XXI.] Chap, 85. Sect. 10—16. 245 
 
 speotive numbers and qualities, and then weighed : and on every 
 layer of fish, as packed in the barrel, the quantity of salt herein- 
 before prescribed, shall be regularly placed. Herrings and ale- 
 wives, whether split or round, and all number three mackerel, 
 shall be packed with coarse salt. Smoked herrings shall be care- 
 fully packed, each box with fish as nearly as possible of the same 
 size, laid in the same direction and not across one another, and so 
 stowed as completely to fill the package. 
 
 10. Tainted or damaged pickled fish, or smoked herrings, shall Damaged ask not 
 
 J. T. -ii J J. • i- to be inspected. 
 
 on no account be permitted to pass mspection. 
 
 11. The sorting, weighing, inspecting and branding of any Ksh to be sorted, 
 package of pickled fish or smoked herrings, shall be done by or branded In in- 
 in the sight of an inspector thereof, and if any casuahty render it senc^"'^ ''"^" 
 necessary to re-pack a cask of inspected pickled fish in any place, 
 
 it shall in all cases be done by an inspector of pickled fish, if one 
 be resident within five miles thereof. 
 
 12. Every chief inspector, by himself or his deputy, shall inspectors, when 
 
 . .. ^ x 1/ ' ^ attend ■ niaii- 
 
 inspect all pickled fish under the provisions of this chapter, when ner or inspection. 
 ten casks are ready for his inspection and he is required so to do, 
 under a penalty of twenty pounds for every default, unless his 
 residence be more than five miles from the place where his atten- 
 dance may be required : and shall likewise inspect all tierces, bar- 
 rels and half barrels, which are intended to contain pickled fish, 
 and condemn all such as shall not be conformable to these provi- 
 sions, and brand those he shall approve upon the bung-stave with 
 the initials of his name. 
 
 13. Inspectors of smoked herrings shall inspect, and, when smoked herrings, 
 necessary, shall cull and re-pack every box thereof which is in- 
 tended for sale or exportation, and shall for that purpose open, 
 
 and, after inspecting, re-close and brand the same as hereinbefore 
 directed. 
 
 14. Every inspector actually performing the duty, shall be i'««5 of inspec- 
 entitled to receive the following fees for inspecting and branding, paid. 
 
 viz : for every tierce, nine pence ; for every barrel, five pence ; 
 and for every half barrel, two pence half-penny ; to be paid one 
 half by the buyer, and the other by the seller ; and for each 
 empty cask, one penny, to be paid by the seller. For every box 
 of smoked herrings, one penny half-penny ; and for culling and 
 re-packing the same, when necessary, two pence half-penny in 
 addition. 
 
 15. Every chief inspector shall make a return to the provin- Returns of chief 
 
 •'„-,, •^. ,,ini. 11 !• i-T inspectors, how 
 
 cial secretary of all the pickled nsh inspected by him or his depu- made. 
 ties ; the same to be made up to the last days of March, June, 
 September and December, in each year, and delivered within one 
 month thereafter. 
 
 16. The deputy inspectors shall account to the chief inspector Deputy inspect 
 
 T , 1 , • ,1 i_i ft_ ■/• tors to account to 
 
 under Avhom they act, once in every three months, or oitener it cWef inspectors. 
 required, for all fish inspected, and the fees received by them 
 therefor ; and shall pay over to him one fifth of the same. 
 
246 
 
 Chap. 85. Sect. 17—24. 
 
 [part I. 
 
 Fine for allowing 
 unauthorized par- 
 ties to inspect 
 fish, and for lend- 
 ing branding 
 irons. 
 
 Fine for acting 
 without autho- 
 rity. 
 
 Counterfeiting 
 brands, or shift- 
 ing fish impro- 
 perly, punishable 
 by fine and im- 
 prisonment. 
 
 Fine for inter- 
 mixing or impro- 
 perly exporting 
 pickled fish. 
 
 Forfeiture upon 
 masters of vessels 
 for receiving on 
 board uninspect- 
 ed smoked her- 
 rings. 
 
 Actions for mis- 
 conduct of depu- 
 ties ; liability of 
 inspector in such 
 cases, and his re- 
 dress. 
 
 Inspected casks 
 may be re-in- 
 spected ; defi- 
 ciencies, how 
 supplied. 
 
 Casks of fish oil, 
 how branded. 
 
 17. No person other than an inspector, shall sort, weigh, 
 inspect, brand, or alter any tierce, barrel, or half barrel of pickled 
 fish intended for exportation, unless in the presence and sight, and 
 by the authority of an inspector ; and any inspector -who shall 
 suffer any person so to act, or shall lend his branding irons in vio- 
 lation or evasion of this section, shall forfeit ten pounds for every 
 offence. 
 
 18. If any person not duly appointed and sworn shall act as 
 an inspector of pickled fish, he shall for every offence forfeit twenty 
 pounds. 
 
 19. Any person counterfeiting or using the brand of an in- 
 spector of smoked herrings, or being accessory thereto, or shifting 
 any smoked herrings which shall have been packed and branded, 
 or putting in other fish contrary to or in evasion of these provi- 
 sions, shall be punished by fine or imprisonment, at the discretion 
 of the court before whom he may be convicted. 
 
 20. If any person shall take out, shift, or intermix any in- 
 spected pickled fish which have been duly packed or branded, or 
 shall cause to be exported in tierces, barrels and half barrels, 
 pickled fish, not duly inspected and branded, or any such cask not 
 duly inspected and branded, he shall forfeit five shillings for every 
 such cask. 
 
 21. If any master or commander shall receive on board his 
 vessel any smoked herrings which have not been duly inspected 
 and branded, for the purpose of conveying the same out of the 
 township wherein they were cured, he shall forfeit the value 
 thereof; but no such forfeiture shall exceed fifty pounds for any 
 one offence. 
 
 22. All actions for the recovery of penalties or damages on 
 account of the misconduct or neglect of any deputy inspector, 
 may be prosecuted either against such deputy or the chief inspector 
 under whom he acts, who shall have his remedy against the deputy 
 either upon the bond given by him or by action on the case for 
 damages : and in every such action the judgment recovered against 
 the chief inspector shall be evidence of damages against such 
 deputy or his sureties, if the deputy shall have had due notice of 
 the action brought against the chief inspector. 
 
 23. When any cask of pickled fish branded by a deputy inspec- 
 tor shall prove unequal in quantity or quality to that which may 
 be indicated by the brand on the cask, or deficient in any of the 
 requisites hereby prescribed, the chief inspector may cause the 
 same to be re-inspected ; and if it appear that the defect arose from 
 the condition of the fish or the bad quality of the cask, or the bad 
 packing or pickling of the fish at the time of the inspection, he 
 may recover the costs and charges of such re-inspection from the 
 deputy who branded the same. 
 
 Fish oil. 
 
 24. On every cask of fish oil guaged shall be branded, or cut 
 
TITLE XXL] Chap. 85. Sect. 25—29. 247 
 
 with a double iron, the initial letters of the christian name of the 
 guager, and the whole of his surname, and the word "cod," 
 "dog," "whale," "seal," or whatever word will express the de- 
 scription of the contents. 
 
 25. No guager shall be compelled to leave his residence to ouager's duty 
 guage a less quantity than five barrels ; and the fees for guaging 
 
 shall be at the rate of one shilling a puncheon, or nine pence a 
 barrel. 
 
 26. Any guager who shall falsely brand any cask of fish oil, rine upon guager 
 shall, tor every gallon, lorieit six pence. 
 
 27. If any person shall act as a public guager of fish oil with- rine for acting as 
 out having been duly appointed and sworn, he shall, for every authority."' 
 offence, forfeit five pounds. 
 
 Salted beef and pork. 
 
 28. There shall be three quahties of salted beef and pork re- Qualities and de- 
 spectively, which shall be designated " mess," " prime," and specteTbeefalid 
 " cargo." " Mess beef" shall comprehend all large and fat beef '™'''- 
 
 of the first quality, without hocks, shins, or neck pieces; "prime 
 beef," good and well fatted beef of the next quality, each barrel 
 containing one round at least, and not more than two hocks or 
 shins and half the neck ; and " cargo beef" inferior quality beef, 
 each barrel containing not more than three hocks or shins and half 
 the neck. " Mess pork" shall consist of the rib pieces of good fat 
 hogs only; "prime pork" of the next best pieces, with no legs, 
 and not more than three shoulders and twenty pounds of head in 
 any one barrel ; and " cargo pork" shall be fat and merchantable, 
 with no legs, and not more than four shoulders and twenty-five 
 pounds of head in a barrel. The snouts above the tusks and the 
 ears shall be cut off all the heads, and the brains and bloody grizzle 
 taken out. All pieces of pork shall, as nearly as possible, be cut 
 square, and mess pork as near as may be to the weight of four 
 pounds ; and no piece of prime or cargo pork shall exceed twelve 
 or be less than four pounds in weight. 
 
 29. The staves and heading of the casks in which salted beef casks for packing 
 and pork respectively shall be packed for exportation, shall be made p^'k ; tiieu- quaii- 
 of good seasoned hard wood, free from sap and every other defect ; ^^ ^"'^ aimen- 
 and each cask shall be secured with two iron hoops, and fourteen 
 
 ash, oak, yellow birch, hickory, or maple hoops ; and the casks to 
 contain beef or pork for home consumption shall be made either of 
 the above descriptions of hard wood, or of good seasoned spruce, 
 with spruce or hard wood heading, free from every defect, with 
 hoops similar in number and quality to those required for casks 
 intended for exportation, with the exception of the two iron hoops, 
 for which wooden ones may be substituted — the heads in all cases 
 to be made of good tliick stuff, and the hoops to be well set and 
 drove. The dimensions of pork and beef barrels shall be seventeen 
 inches between the chimes and twenty-eight inches long, and shall 
 not guage less than twenty-seven, nor more than thirty gallons. — 
 
248 Chap. 85. Sect. 30—36. [pakt r. 
 
 Half barrels either for beef or pork, shall contain not less than 
 fourteen, nor more than fifteen gallons. 
 Casks to contain 30. Every barrel shall contain two hundred pounds nett 
 of meat" nTsl'it Weight of beef or pork, not less than three ounces of salt petre, 
 of certain iie- am] jf pork, half a bushel of salt, and if beef, a peck and a half 
 of salt; the salt to be Turk's Island, Bahama Island, or Saint 
 Ube's, and every half barrel shall contain one half the quantity 
 and quality of beef or pork, salt and salt petre, above prescribed 
 for each barrel respectively. 
 Duty of inspec- 31. The inspectors and re-packers shall within the districts as- 
 packeral mode of sigucd to them respectively, examine and sort all salted beef and 
 branding. pQj.]j intended for exportation or sale, and see that the same, and the 
 
 casks in which they are packed, are of the qualities and dimensions 
 hereinbefore in that behalf prescribed, and shall brand on one of the 
 heads of each barrel the figures " 200," and " 100" on each half 
 barrel, and the words "mess," " prime" or "cargo" "beef" or 
 " pork" as the case may be, the name of the inspector, and the place 
 of inspection or re-packing, at full length, in plain legible charac- 
 ters ; and they shall carefully secure their branding irons, so as to 
 put it out of the power of any person to use the same. 
 Beef and pork ; 32. No becf Or pork shall be repacked until it has laid in salt 
 ?e-pac\Mnr''"' fourteen days. 
 
 Fees of inspec- 33. The iuspectors shall receive for inspecting or re-packing 
 each barrel of beef or pork one shilhng, and seven pence half-penny 
 for each half barrel ; for putting on each hoop wanting two pence, 
 and for flagging, nailing, pegging and pickling each barrel seven 
 pence half-penny, and for each half barrel five pence, the owner to 
 supply the salt. 
 lines for misron 34. Any inspector or re-packer who shall inspect, re-pack or 
 brand any cask of salted beef or pork contrary to, or shall in any 
 way offend against these provisions, shall forfeit forty shillings for 
 every ofience. 
 
 Fines for cxiwrt- 35. All Salted beef or pork, packed or re-packed, whether for 
 beef™i'pOTic.'°* home consumption or exportation shall be inspected, re-packed and 
 branded in the manner hereinbefore prescribed ; and any person who 
 shall ship for exportation any salted beef or pork without being so 
 inspected, shall forfeit forty shilhngs for every cask ; and any mas- 
 ter having the same on board his vessel shall forfeit twenty shillings 
 for every cask. 
 Proceedings 36. If any inspector or re-packer shall have reason to suspect 
 
 ^p^cion that un- that any salted beef or pork is shipped contrary to the last section, 
 "oTtaa been" ^® ^^J ^Pp'j ^^ ^ justlcc of the pcace, assigning under oath, the 
 shipped. causes of his suspicion, and the justice, if he shall think the suspi- 
 
 cion well grounded, shall issue his warrant to the inspector to board 
 and search the vessel ; and if any salted beef or pork not inspected, 
 re-packed or branded, shall be found therein laden, any justice of 
 the peace, upon the application on oath of such inspector, shall 
 direct his warrant to the sheriff or to any constable of the county, 
 commanding him to enter the vessel and cause the same to be 
 
 tors. 
 
 duct. 
 
TITLE xxr.] Chap. 85. Sect. 37—46. 249 
 
 re-landed and delivered to the owner, upon his paying all expenses 
 of the warrant, search and re-landing. Any person obstructing the 
 search or re-landing shall forfeit fifty pounds. 
 
 37. If any person shall take out of the cask, or sliift or inter- '''°.''''?"^''''/°,'|^j,,, 
 mix any salted beef or pork which has been duly re-packed and m'i'xiulre-packeti 
 branded, and shall load on board any vessel, or sell the same, shall '"^«f<"'i"»'''- 
 forfeit fifty pounds. 
 
 Inspection of fresh beef. 
 
 38. Fresh beef slaughtered in the province, and sold by weight Fresh beef ; i-egu- 
 at a stated price, shall, if required, be inspected and weighed by an ing°&o.°' ^'''^ 
 ofiicer appointed for the purpose, to be named by the seller, who 
 
 shall, at his discretion, make a fair allowance to the purchaser for 
 any loss he may sustain by the same being weighed within four 
 hours after the slaughter, or for any bruises found thereon, or to 
 the seller, by maldng compensation to him for what may have been 
 improperly trimmed off or reduced in weight by the purchaser. 
 The hide and tallow shall, if the seller so require, be weighed with 
 the carcase, and paid for by the purchaser as for the like quantity 
 of beef; and it shall be imperative upon the purchaser to take such 
 hide and tallow, under a penalty of twenty shillings for each car- 
 case. 
 
 39. Nothing in the preceding section contained shall prevent Live cattie and 
 any person from selling or purchasing live cattle by weight, nor Kto'ITxcepted"" 
 shall extend to any contract with the government or any public [[""^'/'fast'sec- 
 department. "on. 
 
 40. Where no more than two carcases shall be inspected and omceis' fees. 
 weighed at one time the officer shall receive nine pence for each, 
 
 and where three or more six pence for each. 
 
 41. The officers for every neglect of duty shall respectively Pine upon officer 
 
 duty. 
 
 forfeit not less than two nor more than five pounds. ^"^ neglect of 
 
 Bread. 
 
 42. All bread intended for sale shall be marked in roman cha- Bread for saie, 
 racters, with the initial letters of the grain of the flour or meal of ^°'" ■n="''<=d. 
 Avhich it is made, and with the initials of the christian and surname 
 
 of the baker, and shall be also marked with the weight thereof 
 
 43. All bread intended for sale shall be made to the following weight of loaves. 
 weights respectively, and no other, viz : four pounds, two pounds, 
 
 one pound and eight ounces. 
 
 44. No person shall sell any bread that shall not be marked in rine for selling 
 accordance with the forty-second section ; and any person violating ™"^'*<^* '"'^'"i- 
 the same, by having in liis possession, selling, or offering for sale, 
 
 any bread not duly marked, shall forfeit for every loaf not duly 
 marked, not less than one nor more than five shillings. 
 
 45. Every person selhng bread shall keep a pair of scales and Persons seiung 
 weights, in order that the purchasers of such bread may, if they scales an^d """^^ 
 require, have the same weighed. weights. 
 
 46. Any justice of the peace, or constable authorized by the Justices or con- 
 
250 Chap. 85. Sect. 47—55. [part i. 
 
 stables authorizea Warrant of a justice, or the clerk of the market, may visit thepre- 
 unmarked''or'"^ iiiises wherein bread is made or sold, and may search for and weigh 
 short ot weight as all bread therein ; and if any bread be 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 dis- 
 posed of to poor persons under the direction of such justice. 
 Fine for obstruct- 47. If any pcrsou shall obstruct or oppose the officer in making 
 ingo cei. g^^j^ search or seizure, he shall forfeit not less than twenty nor 
 
 more than forty shillings. 
 
 Kne for selling 48, Any persou Selling bread deficient in Weight, andthe oflFence 
 
 wdght*"" °^ being proved by the same being weighed within 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 six pence, nor more than two shillings and six pence for every 
 
 half ounce deficient. 
 
 Pine for servants 49. If any Servant or journeyman in the employ of a baker, 
 
 offending.^""^" shall offcnd against these provisions, he shall forfeit not less than 
 
 twenty nor more than forty shillings, and in default of payment he 
 
 shall be imprisoned not less than seven nor more than fourteen days. 
 
 Baker may be re- 50. If any baker shall pay any of the foregoing penalties in 
 
 InTun-ed by th^' conscquencc of the wilful neglect or default of his servant or jour- 
 
 or!f"' ""r"'"'""^' neyman, any justice of the peace, upon the application of such 
 
 baker, may cause the offender to be brought before him, and order 
 
 him to pay a reasonable sum by way of recompense, and if he shall 
 
 not comply with such order may commit him to jail for a period 
 
 not exceeding a month. 
 
 Loaves made to 51. Thcsc provisions shall not apply to loaves made to order and 
 
 less tiian hull a rasped by the desire of the customer, nor to loaves or cakes sold, 
 
 iiudtatto'^^o?sui'ts! weighing less than half a pound. Prosecutions for breach of any 
 
 such provisions shall be commenced within three days after the 
 
 offence committed. 
 
 Grain and corn. 
 
 Weight of grain 52. Merchantable grain and corn shall be of the following 
 bashe"'"' '"^' weight per bushel, viz : wheat, sixty pounds ; foreign barley, fifty 
 
 two pounds, and if the produce of the province, forty eight pounds ; 
 
 rye, fifty six pounds ; Indian corn, fifty eight pounds ; oats, thirty 
 
 four pounds ; and malt, thirty nine pounds. 
 Wheat and bar- ^3. All wheat and barley not the produce of the province shall 
 'jra'duced "tC^be ^^ ^^^^ '""y "^^eight, and the number of pounds by the last section 
 sold by weight, established as the standard weight of a bushel thereof respectively 
 
 shall be deemed to represent a bushel of such wheat or barley. 
 Grain sold on 54. All grain and corn sold on board of, and intended to be 
 
 livCTc-d'trom'^a" dehvercd from any vessel, shall be weighed and measured by a 
 vessel, to be gwom mcasurer ; but grain or corn may be exported or be sold in 
 
 weighed and raea- . , J . . ^ . _ '^ , ^ 
 
 sured by a sworn a storc without hjs mtcrvention, unless the purchaser require to 
 
 have the same weighed or measured by such officer. 
 Heated or umnar- 55. If the mcasurcr shall find the same heated, or in any 
 tote tokenac™' Other rcspcct Unmarketable, he shall inform the purchaser, and 
 
Fine for violation 
 
 Fine upon mea- 
 surers for miscon- 
 duct. 
 
 TITLE XXI.] Chap. 85. Sect. 56— 63. 251 
 
 shall not take any account thereof unless at the request of the count of, unksis 
 
 1 ^ ^ by request of pur- 
 
 purchaser. chaser. 
 
 56. The grain measurers shall receive from the seller for jeeg ot measu- 
 inspecting and weighing or measuring grain, or corn, at the rate '^^J "^"="' *"=='" 
 of two shilhngs and sixpence for every hundred bushels. The 
 measures used by them shall, in all cases, be struck with a straight 
 
 stick rounded at the edges. 
 
 57. If any person shall sell and deliver any grain or corn, in 
 violation of these provisions, he shall forfeit six pence for every of provisions 
 bushel of such grain or corn. 
 
 58. If any grain measurer shall undertake to attend the 
 weighing or measuring of grain or corn from more than one vessel 
 at the same time, or shall be guilty of any neglect or dereliction of 
 his duty, he shall forfeit a sum not exceeding five pounds for each 
 offence. 
 
 Flour and Meal. 
 
 59. All barrels and half barrels of flour and meal brought riour to be 
 into or offered for sale in the city of Hahfax, or in any of the Is^^^^i^ ^f*^*"' 
 counties, townships, or districts, for which weighers of flour and 
 
 meal may be hereafter appointed, shall, before being used or offered 
 for sale, or carried out of the city or any such county, township, 
 or district, be Weighed by one of the weighers of flour and meal, 
 and each barrel shall contain not less than one hundred and ninety 
 six pounds nett weight, and each half barrel not less than ninety 
 eight pounds nett weight. 
 
 60. Every barrel or half barrel found to be of full weight. Barrels, &c. how 
 shall be branded by the weigher with the initials of his christian '"■'""^'^'^• 
 name and his surname at full length, and with figures denoting 
 
 the nett weight — no barrel or half barrel deficient in weight shall 
 be branded until the importer or owner shall have the deficiency 
 supplied. 
 
 61. Every person sending from, or offering for sale within the Fine for selling 
 city of Halifax, or within any such county, township, or district, of'wdght'^or'lot 
 any barrel or half barrel of flour or meal deficient in weight, or '^'''^'i'='i. 
 without its having been previously branded, shall be liable to a 
 
 penalty not exceeding twenty shillings for each barrel, ten shil- 
 lings for each half barrel, and six pence for every pound weight 
 deficient. 
 
 62. Weighers shall receive for weighing every barrel, one w^ghers' fees, 
 penny, and every half barrel, one half penny, from the person 
 employing them. 
 
 63. When any barrel or half barrel shall, after having been Fine for impro- 
 branded, be emptied of its contents, the brands thereon shall be Sni.y branded 
 erased before the same shall be refilled for the purpose of exporta- barrels, &c. 
 tion or sale, and any person refilling any such barrel or half barrel 
 
 without first erasing the brands, shall be hable to a penalty not 
 exceeding five shillings for every barrel, and two shilhngs and six 
 pence for every half barrel. 
 
252 
 
 Chap. 85. Sect. 64—70. 
 
 [PAET I. 
 
 Tare of barrels, 
 &c. how ascer- 
 tained. 
 
 Fine upon weigh- 
 ers for miscon- 
 duct. 
 
 Home manufac- 
 tured flour ex- 
 cepted, if weighed 
 and branded by 
 the proprietor of 
 the mills. 
 
 Wheat flour 
 warehoused for 
 e^^portation ex- 
 cepted. 
 
 Weighers, how 
 appointed ; their 
 returns. 
 
 64. To prevent any damage or loss sustained in unpacking 
 flour or meal to ascertain the tare of the barrels or half barrels, 
 the weigher may affix a tare according to his judgment without 
 unpacking or weighing the same, which judgment shall be final 
 unless disputed by the buyer or seller, in which case the barrel or 
 half barrel may be unpacked, but the reasonable expense attending 
 the same shall be paid by the party complaining. 
 
 65. If any weigher shall brand any barrel or half barrel con- 
 trary to these provisions, he shall be hable to a penalty of forty 
 shillings for every barrel, and twenty shillings for every half barrel, 
 and every weigher offending in any other manner, shall be liable 
 to a penalty of ten pounds. 
 
 66. These provisions shall not extend to the weighing of bar- 
 rels or packages of flour and meal manufactured within the pro- 
 vince, if branded with the name of the proprietor of the mill where 
 manufactured, and which shall have the nett weight thereof dis- 
 tinctly branded thereon, unless the purchaser shall require the 
 same to be weighed by the public weigher, and if any such flour or 
 meal shall be sold without being so marked, or the barrel or pack- 
 age so branded shall not contain the full weight branded thereon, 
 the proprietor of such mill shall be liable to a penalty not exceed- 
 ing twenty shillings for each barrel, and ten shillings for each half 
 barrel, and six pence for every pound weight deficient. 
 
 67. These provisions shall not extend to wheaten flour which 
 may be warehoused and shall be taken therefrom for exportation. 
 
 68. The sessions may, upon the recommendation of the grand 
 jury, annually appoint weighers of flour and meal for their respec- 
 tive counties or for particular townships or districts therein in 
 manner as township officers are appointed, who, when sworn, shall 
 have the same authority and perform the same duty as the weigh- 
 ers of flour and meal in the city of Halifax, and every weigher shall 
 make a quarterly return to the provincial secretary's office of all 
 flour and meal weighed by him, to be made up to the last days of 
 March, June, September and December, and deUvered within one 
 month thereafter. 
 
 Tare oii Sugar. 
 
 Tare on sugar, 
 how ascertained. 
 
 B'ine for not al 
 lowing tare on 
 sale. 
 
 69. The tare to be allowed on the sale of brown or raw sugar, 
 shall, upon every barrel, be twenty two pounds ; and, upon every 
 other package of the weight of fourteen hundred pounds or less, 
 eleven pounds for every hundred pounds of gross weight; and, 
 upon every package of such sugar above the weight of fourteen 
 hundred pounds, the tare shall be ten pounds for every hundred 
 pounds of gross weight. 
 
 70. Any person who shall not allow the full tare as herein 
 prescribed, shall forfeit two shillings and six pence for every hun- 
 dred weight of the sugar upon which such full tare shall not be 
 allowfid. 
 
rei'S for miscon- 
 duct. 
 
 TITLE XXI.] Chap. 85. Sect. 71—80, 253 
 
 Coal and Salt. 
 
 71. All coal or salt sold from shipboard by retail in this pro- coai and salt to 
 vince, shall be measured by officers appointed for the purpose. ^'^ measmed. 
 
 72. If such coal or salt shall be delivered to any truckman or Liawe to foifci- 
 other person without having been measured according to the last 'rtthout''betaT'' 
 section, the seller shall forfeit the same or the value thereof to the meaBmed. 
 use of the poor. 
 
 73. The measurers of coal shall receive from the seller six reesotmeasu- 
 pence for every chaldron, and measurers of salt shall receive two '"^' 
 pence for every hogshead which they shall respectively measure. 
 
 74. If any measurer of coal or salt shall undertake to attend rineuponmcusu- 
 the admeasurement of coal or salt from more than one vessel at 
 the same time, he shall forfeit a sum not exceeding forty shillings 
 for each offence ; and for any neglect or misconduct other than the 
 offence last mentioned, a sum not exceeding three pounds. 
 
 75. All coal shall be measured in tubs containing three heaped coais, how mea- 
 bushels, and twelve of such tubs shall constitute a chaldron. ' ^'"''' ' 
 
 Sole leather. 
 
 76. Every inspector of sole leather shall provide himself with inspectors of soie 
 proper scales and weights, and shall weigh every side of sole Sera?^"" '"^'''' 
 leather presented to him for inspection, and shall impress thereon : S'on Lspec- 
 
 1 ° . His own surname, and the name of the place for v/hich "0° ; ""••'s ™<i 
 
 1 . . , ^ numbers to be 
 
 he IS mSpectOr. impressed. 
 
 2°. The word "best" if the leather be manufactured of good 
 hides and in the best manner. 
 
 3 ® . The word " good" if the leather be manufactured of 
 
 good hides in a merchantable manner. 
 
 4 ° . The word " damaged" if the leather be manufactured of 
 
 damaged hides in a merchantable manner. 
 5'^. The word "bad" if the leather be not of one of the 
 
 qualities above mentioned. 
 6 ° . The weight of the side shall also be distinctly impressed 
 
 thereon, either in figures or in words at length. 
 
 77. The inspector shall make such a deduction as he shall think Deductions from 
 reasonable from the actual weight of every side of sole leather therisno^Trj'T" 
 inspected by him which shall not be perfectly dry, and he shall inspectors' ices. 
 receive three pence for every side of sole leather which he shall 
 
 inspect, weigh, and stamp. 
 
 78. If any person shall offer for sale any sole leather which I'me for offering 
 shall not have been duly stamped, he shall forfeit a sum not ex- ed sole leath™''' 
 ceeding five shillings for every side. 
 
 79. If any inspector shall violate his duty, he shall forfeit a rine for violation 
 sum not exceeding twenty shillings for every offence. spector.''^ "' 
 
 Hay. 
 
 80. Hay may be weighed in scales, or by steel-yards, duly iiay ; how 
 stamped by the clerk of the market, and weighers shall receive at Sees.' ™^''' 
 
254 
 
 Chap. 85. Sect. 81—89. 
 
 [PAET I. 
 
 Coi'dwoofl for re- 
 tail -, its rjuality 
 (ind dimensions. 
 
 Cordwood from 
 shipboai'd to be 
 measured ; mea- 
 surers' fees. 
 
 Fine for selling 
 without being 
 measured. 
 
 ITndimensioned 
 wood to be re- 
 jected. 
 
 Provisions in case 
 of rotten or crook- 
 ed wood. 
 
 Fine for measurer 
 violating his 
 duty. 
 
 Boards to be of 
 four qualities ; 
 their description. 
 
 Dimension deals 
 defined. 
 
 Plank for expor- 
 tation ; their sise 
 Hnd quality. 
 
 the rate of a penny for every hundred weight of hay -weighed by 
 them ; and four pence for every mile they shall be required to 
 travel, if the distance shall exceed one mile. 
 
 Cordwood. 
 
 81. Every stick of cordwood intended for retail shall measure 
 four feet in length, accounting half the scarf, and be sound hard- 
 wood, and every cord shall be of the full length of eight feet, and 
 four feet high, and piled close. 
 
 82. All cordwood sold from shipboard shall be surveyed and 
 measured before sale by an officer appointed for the purpose, who 
 shall receive four-pence from the seller for every cord by him sur- 
 veyed and measured. 
 
 83. Persons selling such cordwood -without ha-ving the same 
 surveyed and measured under the last preceding section, shall for- 
 feit the same, or the value thereof 
 
 84. All sticks of such wood not of the requisite length shall 
 be rejected by the measurer. 
 
 85. Persons offering any cordwood for sale, shall pile all the 
 crooked and rotten sticks, if any, separately ; and if on the sui-vey 
 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. 
 
 86. If any measurer shall violate his duty, he shall forfeit a 
 sum not exceeding twenty shillings for every oifence. 
 
 Liimbei'. 
 
 87. In the survey of boards there shall be four qualities, -vdz : 
 First, — Clear boards, at least one inch in thickness. 
 
 Second, — Merchantable boards of first quality, sawed of equal 
 thickness throughout, and, when not hardwood, scjuared 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 di- 
 mensions, and free from rots, shakes, and worm holes ; and 
 
 Fourth, — Refuse to include all other descriptions of boards. 
 
 SB. All dimension deals shall be twelve, fourteen, sixteen, 
 eighteen, twenty, and twenty-one feet long, nine, eleven, and 
 twelve inches wide, and three inches thick, respectively, having an 
 allowance of from one to two inches in the length, from a quarter 
 to half an inch in the breadth, and from one-eighth to a quarter of 
 an inch in the 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 off. 
 
 89. All plank intended for exportation, except hardwood plank, 
 ghall be from ten to twenty feet in length, nine inches in breadth, 
 
TITLE XXI.] Chap. 85. Sect. 90—97. 255 
 
 and three inches and one-eighth in thickness, and of the same qua- 
 lity as dimension deals. 
 
 90. All ton timber for exportation shall be straight lined and Ton timber for 
 squared, and -with not more than one inch of wane on the edges, sizrand quality. 
 without offsets or joints, square, butted at both ends, and free from 
 
 all marks of scoring, rots, splits or worm holes which may be de- 
 trimental to the same. 
 
 91. Merchantable spruce or pine timber shall be sixteen feet, Meiciiantabie 
 and hardwood timber ten feet in length at least, and at least ten iiardwooa timber-, 
 inches square ; and where it does not exceed sixteen feet in length, quality. ""** 
 the ends shall be of equal size, and all ton timber shall be measur- 
 ed by the girth, one quarter part thereof to be taken as the side of 
 
 the square. 
 
 92. In the survey of shingles there shall be three quahties, shingies to be ot 
 
 three qualities ; 
 V]Z ' their descrip- 
 
 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 quar- 
 ter 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. 
 
 93. Clapboards shall be four feet four inches long, five inches clapboards; tiieh- 
 wide, and half an inch thick at the back. scrfptiou! 
 
 94. Lathwood shall be of fresh growth, straight rift, free from Lathwood ; de- 
 bark, heart and knots, and measured by the cord. how meMSed""^ 
 
 95. Hogshead staves shall be forty-two inches long, from three staves -, their de- 
 and a half to five and a half inches wide, and three quarters of an mode of"oa"cuia- 
 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 of an 
 inch on the back : to be of good rift, fairly split, free from twists, 
 knot holes, rotten knots, worm holes and shakes, and shall be cal- 
 culated by the tale of twelve hundred to the thousand. 
 
 96. Upon any contract or bargain for a quantity of timber or Timber, imnber, 
 lumber for exportation, the same shall be understood to mean that chLed to?^lxpor- 
 which is hereinbefore described, and the purchaser shall not be respectiieiVde-^ 
 obliged to receive any other unless under a special written agree- scribed. 
 ment specifying what he actually is to receive. 
 
 97. The surveyors of lumber shall, when required, diligently Duty of lumber 
 
256 Chap. 85. Sect. 98—101. [part i. 
 
 measmei-s ou a examine and survey every description of lumber described in any 
 survey. ^^ ^j^g 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 survey ; but if it shall have been pre- 
 viously surveyed in the province, he shall only re-survey and 
 mark anew the same when he shall have any doubt of the mea- 
 sure ; and on every survey he shall furnish the seller and the pur- 
 chaser 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 surTcyovs 98. The surveyors of lumber shall receive the following fees, 
 viz : for measuring and surveying all ton timber, three pence per 
 ton, together with four pence for every mile they shall necessarily 
 travel in coming to the place of the survey. 
 
 For every thousand superficial feet of deals, planks, scant- 
 hngs and boards respectively, nine pence for surveying and three 
 pence for marking; and for viewing only where the same shall 
 have been previously surveyed and the surveyor shall doubt the 
 measure, three pence. 
 
 For every cord of lathwood, six pence. 
 
 For every thousand shingles, three pence ; and for culhng and 
 re-packing, six pence. 
 
 For every thousand hpgshead staves, one shilling and six pence. 
 For every thousand barrel staves, nine pence. 
 surveyoi-s certifl- 99. The survcyor's certificate shall be binding between the 
 provVsionf in '"^ ' Seller and purchaser, but in case they disagree, either party may 
 cases of dispute, gj^y ^^ three Other surveyors who are in no way interested in the 
 matter in dispute, to re-survey the same, and their decision shall be 
 final. If the first survey be confirmed, the expense of the second 
 shall fall upon the party by whom it was had, but if the first sur- 
 vey is not established, then the surveyor shall bear the expense of 
 the second survey. 
 Fees of surveyor 100. The survcyors fees shall, in all cases, be paid by the 
 sSfer's''autro'n'' seller, who shall remove all obstacles in the way of the surveyor 
 survey. wMch may prevent him from viewing and measuring with facility 
 
 any timber or lumber which he may be required to survey, and 
 shall, if necessary, have the same canted. But the purchaser, 
 upon any special agreement therefor, or if he shall require a fresh 
 survey, shall pay the surveyor's fees. 
 Timber, iiunber, 101. All timber, lumbcr, and shingles, shall be surveyed and 
 feltedtfTOidVi'thl marked, as prescribed by this chapter, before delivery on sale or 
 out ijeing sur- shipment for exportation, and if any person shall violate this provi- 
 
 veyeu ; cargoes •ii n t • i ^ ■» 
 
 in the city of Ha- sion, he shall forfeit the article or the value thereof; but in the 
 h ax e.\cepte . ^j^^ ^^ Halifax entire cargoes of lumber sea borne may be disposed 
 
 of without the intervention of a surveyor between the first buyer 
 
 and seller. 
 
TITLE XXI.] Chap. 86. Sect. 1 — 5. 257 
 
 102. Upon the survey, of shingles, clapboards and staves, shingies, ciap- 
 respectively those which are deficient in quality or dimensions shall found detenu™ to 
 
 be rejected. be rejected. 
 
 103. All shingles and clapboards exposed to sale by quantities shingies ana 
 in bundles, and not holding the number they are marked for shall, feuVwhen o't- 
 unless it appear that part thereof have been accidently shaken out a™ nt°ta the*"'' 
 after packing, be forfeited. marked quantity. 
 
 104. Any person who shall, without the permission of the line for destroy- 
 owner of any timber or lumber, alter, deface, or destroy the marks mfrkronTimber, 
 of a surveyor of lumber thereon, shall forfeit a sum not exceeding '^'=- 
 twenty shilUngs for each offence. 
 
 105. Any surveyor of lumber violating any of these provisions, rine for lumber 
 shall forfeit a sum not exceeding five pounds for each offence. ttagTs duty^" 
 
 106. All prosecutions under these provisions shall be com- Limitation of ac- 
 menced within twelve months from the time of the commission of 
 the offence. 
 
 tions. 
 
 CHAPTER 86. 
 
 OF WEIGHTS AND MEASURES. 
 
 Section 
 
 1. Standard of weiglits and measures. 
 
 2. Clerk of peace to be furnished with sets of 
 
 standard weights and measures. 
 
 3. Clerks of markets to keep stamped weights 
 
 and measures. 
 
 Section 
 
 4. Weights and measures liable to examina- 
 
 tion. 
 
 5. False scales, weights, and measures hable 
 
 to seizure, and the possessors to be fined ; 
 fines for obstructing officers. 
 
 1. Weights and measures shall be according to the standard standard of 
 
 ^ ^ weights and mea- 
 
 nOW m use. smes. 
 
 2. The clerk of the peace shall be furnished at the expense of cierksofpeaceto 
 each county or district, with a set of standard weights and mea- sets of standard 
 sures, which shall be accessible to every person at all reasonable S*!'* ™* "''^ 
 times. 
 
 3. The clerks of the market, and in places where no such cierks of markets 
 
 <Y> .11 1 1 1 11 1 r- • 1 *° ''^'^P stamped 
 
 ofiicers are appomted, the town clerk shall keep a set ot weights weights and mea- 
 and measures, long, liquid and dry, which shall be stamped by the 
 clerk of the peace with the letter S. and they shall be standard 
 weights and measures. 
 
 4. The clerks of the market, or the town clerk, may enter all ^^j.f^^y"''"'*^" 
 stores, shops, and places of business, and all vessels within their amination. 
 respective districts, and may examine every weighing apparatus 
 
 and all weights and measures therein. 
 
 5. All imperfect weights and measures, and every imperfect >aise scales, 
 instrument or machine for weighing, shall be seized by the clerk sures uawe t"^" 
 of the market or town clerk as forfeited, and the person in whose ^'^'"'''' ™'' """ 
 
 33 
 
258 Chap. 87. Sect. 1—2. [part i. 
 
 possessors to be possession such weights or measures shall be found, shall forfeit a 
 
 floed 1 fines for . t " in ^ . ■, . 
 
 obstiuctingoffl- sum not exceedmg ten pounds, and any person reiusmg admittance 
 "''^' to those officers or any of them, or obstructing them in making 
 
 the search and examination hereby directed, shall forfeit a like 
 
 penalty. 
 
 TITLE XXIT. 
 
 OF CORPOR ATIO (VS. 
 
 CHAPTER 87. 
 
 OF GENERAL PROVISIONS RESPECTING CORPORATIONS. 
 
 Section Section 
 
 1. Corporations ; their powers anJ privileges. 
 
 2. Bye-law3 and proceedings to be regulated 
 
 thereby. 
 '.i. Proceedings, how recorded when required 
 by the act of incorporation, 
 
 4. First meeting, how called. 
 
 5. How called in special cases. 
 
 6. Powers and duties of corporation when as- 
 
 sembled. 
 
 7. Shares to be personal property. 
 
 8. Real estate to be sold as personal property. 
 
 9. Acts to expire unless put in operation with- 
 
 12. Officers and members, how sued. 
 
 13. Liability of individual members. 
 
 14. Liability of directors, &c., personally in spe- 
 
 cial cases for overtrading, &c. 
 15- Acts of companies valid without seal. 
 
 16. No company to engage in banking or insu- 
 
 rance business unless specially autho- 
 rized. 
 
 17. Arbitrations, how conducted where a cor- 
 
 poration is a party. 
 
 18. Keturns of business by companies to be 
 
 made annually. 
 
 in three years, I 19. Keturns, how authenticated j penalty for 
 
 10. Charters to continue three years after expi- neglect, and for false returns. 
 
 ration for closing concerns, 
 11. Tmstees may be appointed to wind up busi- 
 ness within the three years, 1 
 
 20. This chapter to come into immediate ope- 
 ration. 
 
 coiTorations, 1- All corporations shallj where no other provision is specially 
 
 i'1-iviie^'Tr^^ ^^^ made, be capable in their corporate name to sue and be sued, to 
 prosecute and defend actions, to have a common seal which they 
 may alter at pleasure, to elect in such manner as they may deem 
 proper all necessary officers, and to fix their compensation and de- 
 fine their duties, and to make bye-laws and regulations not con- 
 trary 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. 
 Bye-laws, and 2. All corporations may, by their bye-laws, where no other 
 
 ?e2Sbted^her°e- ^ provisiou is Specially made, determine the manner of calhng and 
 ^'^'- conducting meetings, the number of members which shall consti- 
 
 tute a quorum, the number of shares which shall entitle the mem- 
 
TITLE xxii.J Chap. 87. Sect. 3—6. 259 
 
 bers to one or more votes, the mode of voting by proxy, the mode 
 of selling shares for the non-payment of instalments and of trans- 
 ferring 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 bye-laws not ex- 
 ceeding in any case the sum of five pounds for any one oifence. 
 
 3. When any charter or act of incorporation shall direct that Pi-oceetiings, how 
 the bye-laws and list of shareholders, or either of them, shall be quired by the act 
 registered, no bye-law of the corporation shall be in force until a "f'°™''P™^"°"- 
 copy thereof, and also, if required by the charter or act of incorpo- 
 ration, a list of the names of all the members of the corporation, 
 
 with the amount of the stock held by each member respectively, 
 certified under the hand of the president and secretary, or if the 
 company shall not have been organized, under the hands of three 
 at least of the members of the company, of whom one at least shall 
 have been named in the charter or act of incorporation, shall be 
 recorded in the office of the registrar of deeds in such county as 
 may be directed by such act or charter ; and no subsequent bye- 
 law, nor any subscription of additional stock, nor the transfer of 
 any stock or shares in the corporation, except by devise or by de- 
 scent, or other act of law, shall be effectual, until a certificate 
 thereof, under the hand of the president and secretary, shall be re- 
 corded in the same office ; and in all cases bye-laws relating to the 
 real estate of the corporation shall, before they become effectual, 
 be recorded in manner above mentioned in the office of the registry 
 of deeds for the county or district in which such real estate may 
 be situate. 
 
 4. The first meeting of all corporations shall, unless otherwise First meeting, 
 provided in their charters or acts of incorporation, be called by no- ^"'^ ''*"^*' 
 tice signed by any one or more of the persons named in the char- 
 ter 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 disability of Howcaiiedin 
 the officers of any corporation there shall be no person authorized '^^"^^ '^^^"' 
 to call or preside at a meeting thereof, any justice of the peace 
 
 may, on a written application of three or more of the members, 
 issue a warrant to any one of 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 officers to Powers and du- 
 fill all vacancies then existing, and may act upon such other busi- ^hen assemble™ 
 ness as might by law be transacted at regular meetings of the cor- 
 poration. 
 
260 
 
 Chap. 87. Sect. 7—13. 
 
 [PAKT I. 
 
 Shaves to be per- 
 sonal property. 
 
 Real estate to be 
 sold as personal 
 property. 
 
 Acts to expii'e un- 
 less put in opera- 
 tion within three 
 years. 
 
 Charters to con- 
 tinue three years 
 after e.\piration 
 for closing con- 
 cerns. 
 
 Trustees may be 
 appointed to wind 
 up business with- 
 in the three years. 
 
 Officers and mem- 
 bers how sued. 
 
 Liability of indii 
 dual members. 
 
 7. Notwithstanding the corporation may hold real estate, the 
 shares of the stockholders shall be deemed to be personal property 
 for all purposes. 
 
 8. The real estate of the company may be sold under execu- 
 tion in the same manner as personal estate, and the 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, unless 
 the company thereby established shall go into operation within 
 three years from the passing thereof, unless otherwise specially 
 provided therein. 
 
 10. All corporations whose charters, after they shall have gone 
 into operation shall expire by their own limitation, or shall be 
 annulled by forfeiture or otherwise, shall nevertheless be continued 
 as bodies corporate for the term of three years after the time when 
 they would have been so dissolved, for the purpose of prosecuting 
 and defending suits by or against them, and of enabling them to 
 settle and close their concerns, to dispose of and convey their pro- 
 perty, and to divide their capital stock ; but not for the purpose 
 of continuing the business for which such corporations were esta- 
 blished. 
 
 11. When the charter of any corporation shall expire or be 
 annulled, as provided in the preceding section, the supreme court 
 on application of any creditor of such corporation, or of any mem- 
 ber 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 cor- 
 poration, 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 busi- 
 ness 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. 
 
 12. When any officer or member of a corporation is liable for 
 any debts of the corporation, or for acts in relation to its business, 
 or to contribute for money paid by other officers or members on 
 account of any such debts or acts, he may be sued therefor either 
 in the supreme court or court of chancery. 
 
 13. No member of any corporation shall be relieved from 
 individual liabihty for its debts or obligations ; but each member 
 thereof shall be liable as a partner to the same extent as if no cor- 
 poration existed ; and in case any execution issued on any judg- 
 ment against the corporation shall be returned unsatisfied, the 
 individual real and personal estate of every member of the corpo- 
 ration shall 1)0 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 cor- 
 
TITLE XXII.] Chap. 87. Sect. 14— J7. 261 
 
 poration shall exempt its members from such liability ; aiid any 
 member who shall be so compelled to pay any monies on account 
 of the debts of the corporation, shall be entitled to credit therefor 
 in the books of the corporation. 
 
 14. The directors or board of managers of any such corpora- Liability of direc- 
 tion, the liability of whose members shall be limited by the act or afiyto'spedaua- 
 charter of incorporation, unless otherwise specially directed there- a'ln.r^&c."^™"''" 
 in, shall in all cases be personally liable for any responsibility 
 
 incurred by them on account of the corporation beyond the amount 
 of the stock subscribed without the sanction of the company to be 
 obtained at a meeting thereof held in occordance with the bye 
 laws, unless such larger amount of dealing be specially authorized 
 by the act or charter of incorporation ; but this section shall not 
 extend to insurance companies. 
 
 15. The acts of incorporated companies performed within the TOi'idwittaSaT 
 scope of their charters or acts creating them, shall be valid, not- 
 withstanding they may not be done under, or be authenticated by 
 
 the seal of such corporations. 
 
 16. No corporation shall issue notes or bills for payment of no company to 
 money, lor tne purpose ot circulatmg the same as money, or ing or insmance 
 engage in any banking or insurance business unless specially au- spSiy au- 
 thorized to do so by its act of incorporation, and if any corpora- '■'^'^''■ 
 
 tion, not so authorised, shall issue such bills or notes, or shall 
 engage in any banking or insurance business, its charter shall be 
 thereby rendered void. 
 
 17. Whenever in any act or charter of incorporation any dis- jfonducte™ where 
 putes or matters of controversy in which the corporation may be a corporation is a 
 interested, or any damages to which 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 appoint- 
 ment 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 arbitra- 
 tor to act on 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 
 arliitrator, 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 
 
Chap. 87. Sect. 18—20. 
 
 [part I. 
 
 Returns of busi- 
 ness by compa- 
 nies to be made 
 annually. 
 
 Returns, how 
 autbenticated ; 
 penalty for neg- 
 lect and for false 
 returns. 
 
 This chapter to 
 come into imme- 
 diate operation. 
 
 shall have received notice in writing from the other party for that 
 purpose he fail to do so, the other arbitrator may proceed to hear 
 and determine the matters in question. 
 
 Where two arbitrators shall have been appointed, they shall, 
 before entering upon the matters referred to them, appoint by 
 writing under their hands an umpire to decide in case they shall 
 differ, and if the umpire shall die, refuse, or for seven days neglect 
 to act, they shall forthwith appoint another umpire in his place, 
 whose aiyard, 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 such proportions as may be directed in the 
 award. 
 
 The submission to any such arbitration may be by rule or order 
 of any court. 
 
 18. On or before the last day of February in every year a re- 
 turn shall be made into the provincial secretary's oifice of the busi- 
 ness of insurance upon lives, against fire, and upon all marine risks 
 done by every corporate body and agency within the province of 
 Nova Scotia 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 into, 
 the number of policies renewed, the amounts insured and the pre- 
 miums 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 of the province ; 
 in case of marine risiks, the ports to which the vessels insured be- 
 long, whether to the port of Halifax or otherwise where known, 
 and which return shall also state the capital and other security for 
 the payment of losses and where the same is situated ; and in case 
 of companies and corporate bodies out of Nova Scotia whether there 
 is any security or capital within the province for the payment of 
 losses, and the nature, permanency and amount thereof. 
 
 19. The returns shall be certified to be true under the hands 
 of the president or secretary of any company or corporate body 
 having a president or secretary in Nova Scotia, and under the 
 hand of the agent of any company or corporate body not having a 
 president and secretary in the province but doing business by an 
 agent ; and every person neglecting to make such return or know- 
 ingly making a false or defective return, shall forfeit fifty pounds. 
 
 20. This chapter shall come into operation immediately upon 
 the passing thereof, and shall extend to acts of incorporation passed 
 during the present session, except in so far as may be therein spe- 
 cially directed, but not to any act or charter heretofore in force. 
 
TITLE XXII.] 
 
 Chap. 88. Sect. 1. 
 
 263 
 
 CHAPTER 88. 
 
 OP agricultural corporations. 
 
 Section 1. Agi-icultural corporations, how organized. 
 
 1. Whenever twenty persons or more shall raise ten pounds . . „ , 
 per annum, or upwards, to be applied for the improvement of porauons, how 
 agriculture, they shall thereupon become a corporate body by such '' 
 
 name as they shall think fit, with all the privileges and obhgations 
 in chapter eighty-seven, but such privileges shall continue only so 
 long as there are twenty members or more in the society and they 
 shall annually raise the sum of ten pounds at the least and apply 
 it for the improvement of the local agriculture. 
 
 organized. 
 
 TITLE XXIIL 
 
 OF THE POOR. 
 
 CHAPTER 89. 
 
 OF THE SETTLEMENT AND SUPPORT OF THE POOR. 
 
 Section 
 
 1. Definition of the word township. 
 
 2. Overseers of poor, how appointed. 
 
 3. Settlement, how gained. 
 
 4. Proceedings preparatory to removal of a 
 
 pauper. 
 6. If the overseers of the place of his settle- 
 ment refuse to remove him, a warrant for 
 his removal may issue. 
 
 6. Persons near of kin, and able, required to 
 
 maintain their poor relations. 
 
 7. The property of persons forsaking their 
 
 families may, if necessary, be seized and 
 sold for their support. 
 
 8. Children to be supported where deceased 
 
 parents have gained a settlement, 
 
 9. Appeals provided for parties aggrieved. 
 
 10. Proceedings on appeal where a person has 
 
 been unduly removed. 
 
 11. Costs on appeal, how taxed and allowed. 
 12* Amount ordered to be paid, how recovered. 
 
 Section 
 
 13. Townships liable for support of poor after 
 
 notice. 
 
 14. Penalty for improperly bringing a pauper 
 
 into a township. 
 
 15. Town meetings, and the days for holding. 
 
 16. Overseers to notify the meetings by adver- 
 
 tisements. 
 
 17. Proceedings at meetings ; money to be 
 
 voted 5 assessors chosen. 
 
 18. Meetings may be adjourned if necessary. 
 
 19. Deficiencies of money may be voted at sub- 
 
 sequent meeting. 
 
 20. Poor houses may be built or hired } title, 
 
 how vested j poor, how managed. 
 
 21. Assessments, how made j collectors ap- 
 
 pointed. 
 
 22. Proceedings to collect rates shall be by ge- 
 
 neral warrant of distress j form given, 
 fees, &c, 
 
 23. Appellants to be relieved by the sessions. 
 
264 
 
 Chap. 89. Sect. 1—5. 
 
 [PAKT I. 
 
 Section 
 
 24. Parties liable to be assessed- 
 
 25. Overrated persons may appeal. 
 
 26. Appropriation of monies 5 collectors may be 
 
 sued by overseer. 
 
 27. Accounts of overseers, when and how ren- 
 
 dered. 
 
 28. Setisions to audit the accounts. 
 
 29. Fine for refusal to serve as overseer. 
 
 30. Fine for neglecting to render accounts as 
 
 required. 
 
 31. Townships maybe amerced by the sessions, 
 
 in case of neglect to assess for the support 
 of poor. 
 
 32. Appointment of collectors j assessments to 
 
 be posted. 
 
 33. Fine for assessors refusing to serve ; ap- 
 
 pointment of others. 
 
 34. Fine for assessors neglecting duty. 
 
 Section 
 
 35. Fine for collectors refusing to serve ; ap- 
 
 pointment of others. 
 
 36. Collectors to account and pay over to over- 
 
 seers once every three months. 
 
 37. Fine for collector neglecting duty. 
 
 38. Persons receiving aid shall refund the 
 
 a&ount if able. 
 
 39. Assessors not exempt from assessments ; 
 
 fine for neglecting to assess themselves. 
 
 40. Commissions to collectors. 
 
 41. Forfeitures, how applied. 
 
 42. Clerk and treasurer may be appointed ; 
 
 bonds to be given. 
 
 43. Duty of clerk and treasurer. 
 
 44. Chapter applicable to the city of Halifax 
 
 where not inconsistent with the act of in- 
 corporation. 
 
 Definition of the 
 word township. 
 
 Overseers of poor, 
 how appointed. 
 
 Settlement, how 
 gained. 
 
 Proceedings pre- 
 paratory to re- 
 moval of a pau- 
 per. 
 
 If the overseers 
 of the place of his 
 settlement refuse 
 to remove him, a 
 warrant for his 
 removal may 
 issue. 
 
 1. The words ^^ township" and '^settlement" when used in 
 this title shall be held to mean any district set off and established 
 as a district for the support of the poor. 
 
 2. The grand jury shall annually at the sessions nominate ten 
 freeholders out of every township, of whom the court shall appoint 
 five to be overseers of the poor ; and if any person so appointed 
 shall cease to reside in the township, or shall die within the period 
 for which he was appointed, any two justices for the county may 
 appoint another to act instead until the next meeting of the grand 
 jury and court of sessions. 
 
 3. Every poor person who is a native of a township, or hath 
 served an apprenticeship therein, or hath lived as an hired servant 
 one whole year therein under an agreement to serve the same mas- 
 ter one whole year then next before application for relief, or hath 
 executed a pubhc annual office therein, or hath been assessed and 
 hath paid his share of poor and county rates in the township during 
 one year at one time, shall be entitled to a settlement, and such 
 township shall be obliged to maiatain him. 
 
 4. Any person applying to the overseers of poor of any town- 
 ship for relief who shall not have obtained a 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 set- 
 tlement within the province a copy of the declaration certified by the 
 justice, with the amount of expense incurred, shall be transmitted 
 to the overseers of poor of the township to which such person be- 
 longs. 
 
 5. If such last mentioned overseers refuse or neglect to remove 
 such person, two justices, by a warrant, shall cause such person to 
 be removed to the township where a last settlement has been 
 obtained ; and the overseers of the poor there shall receive such 
 person, and pay to the overseers of the first named township the 
 necessary expense incurred about his removal. If the overseers 
 of the last named township have no money in hand to pay such 
 
TITLE xxiii.J Chap. 89. Sect. 6—12. 26^ 
 
 expense, they shall stand charged therewith until the next assess- 
 ment made on the township to -which such person belongs. 
 
 G. The father, grandfather, mother, grandmother, children and Persons near of 
 grandchildren respectively, of every old, blind, lame, impotent, or qulled' to main- 
 other poor person not able to work, being of suf&cient abihty, shall 'eiati'ons! ''°°' 
 relieve and maintain at their own charge, every such poor person, 
 as a general or special sessions shall direct, and in case of refusal 
 shall forfeit five shillings per week for such poor person, to be sued 
 for in the name of the overseers of the poor. 
 
 7. Where any husband or father shall forsake his wife or chil- The property of 
 dren, or any widow shall forsake her children and leave them a their fammcs 
 public charge, two justices on the application of the overseers of beTJizeTami'soid 
 the township, shall issue a warrant to seize the goods, and to let fomieir support. 
 out and receive the annual rents and profits of the lands of such 
 husband, father or widow, towards the maintenance of such wife, 
 
 child or children ; and when the seizure shall be confirmed by the 
 sessions any two overseers may, as occasion shall require, dispose 
 at public sale of such goods or so much thereof as shall be neces- 
 sary, and shall apply the proceeds towards the maintenance of such 
 destitute persons. 
 
 8. The children of deceased parents who have gained a settle- Chiuiren to be 
 ment in any township, shall, if paupers, be supported by such de!?eased parents 
 
 tnwnshin ^"'■'^ gained a 
 
 LUWIlbUip. settlement. 
 
 9. If any overseers on behalf of the township, or any other Appeals provided 
 person shall feel aggrieved by any proceedings under this chapter, grieTCd!'"^ "" 
 such overseers or person may appeal to the next sessions to be held 
 
 for the county where the township is or the person shall reside, and 
 the sessions shall hear and determine the same, and their order 
 shall be final. 
 
 10. If the justices, on an appeal concerning the settlement of a proceedings on 
 poor person, determine that such poor person was unduly removed p'^^'JJJJ ^^"H^,, 
 they shall then or at a future sessions order to be paid to the appel- u"f'»iy removed. 
 lants 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. 
 
 11. Upon the determination of an appeal concerning the set- costs on appeal, 
 tlement of a poor person, or upon proof of notice of an appeal JSowed^'^'' ^""^ 
 given by the proper ofiicer to the overseers of the poor, though 
 
 the appeal be not prosecuted the justices shall then or at a future 
 sessions order to the successful party on a trial, or to the party 
 notified if not further prosecuted, such costs as in their discretion 
 are reasonable, to be taxed and allowed according to the rates 
 adopted in the supreme court, which shall be paid by the unsuc- 
 cessful party or the party giving such notice. 
 
 12. If the overseers or other person ordered to pay such sum Amount ordered 
 of money or costs, shall, after service of a copy of such order, l^JoJ^^^' ''"''' 
 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 
 34 
 
266 Chap. 89. Sect. 13—20. [part i. 
 
 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. 
 Townships liable 13. Evory to^TOsMp shall be liable to pay any expense which 
 pom'after notice, shall necessarily be incurred for the rehef of a 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. 
 Penalty for im- 14. If any pcrsou shall bring any poor and indigent person into 
 a™paut«i^1nt°o"a ^^J towuship wherc such person has not a lawful settlement, know- 
 township, ing 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 twenty pounds for every such offence. 
 Town meetings, 15. The inhabitants of every township liable to pay poor rates 
 holding. **''^ '""^ shall hold two meetings annually if necessary, to provide for the 
 support of their poor, which shall be held on the first Mondays of 
 April and November. 
 Overseers to noti- 16. The oversccrs of the poor in the several townships shall 
 by'advel'Use-^^ ^* ■'^^^t t®^ ^^J^ bcforc the times appointed for holding meetings to 
 ments. provide for the support of the poor cause advertisements to be 
 posted up in at least five of the most public places in the township, 
 notifying the inhabitants to meet on the several days respectively 
 for that purpose, and in case of neglect such overseers shall forfeit 
 ten pounds. 
 Proceedings at 17. The inhabitants present at such meetings having first 
 "^be"voted"™as^ choscu a chairman to preside, shall vote such sums of money as 
 sessors chosen, ^hcy shall judgo ncccssary for the support of the poor for the cur- 
 rent year or until the next meeting, and incidental expenses 
 connected therewith, and shall choose not less than five nor more 
 than ten inhabitants to be assessors of poor rates. 
 Meetings may he 18. If the busiucss of the meeting cannot be completed on the 
 ^j°™™'' '^ °^" days above respectively named, the chairman, with the consent of 
 the majority of those present, shall adjourn the meeting as occa- 
 sion may require to conclude the business. 
 Deficiencies of 19- If the moucy voted at any meeting shall be insufiicient for 
 Yo°e7at°subse- *^^ support of the poor, the inhabitants, at their next meeting, 
 quent meeting, shall votc sufiScieut to make good the deficiency. 
 Poor houses may 20. The inhabitants, if deemed advisable, may, at such meet- 
 hirea'J'tuie, how ^^E,j determine to erect or hire a building for a poor house, and 
 vested ; poor may voto monev for that purpose and for the annual repairs and 
 
 how managed. ,•' •' ii -i ii i 
 
 other necessary expenses connected therewith, and thereupon the 
 overseers shall proceed to hire or erect a building as directed, the 
 title and interest in which, when conveyed to them, shall vest in 
 them and their successors in ofBce as a body corporate. The over- 
 seers shall have the control and management of the poor house and 
 the supervision and government of the inmates, and may appoint 
 the officers and keepers thereof, and may purchase materials upon 
 which the labor of the poor may be profitably employed. They 
 shall annually submit an account of their proceedings and of thp 
 
TITLE XXIII.] Ohap. 89. Sect. 21—27. 267 
 
 general state of the institution, and of their receipts and expendi- 
 tures, for the examination and audit of the sessions. 
 
 21. The assessors being first sworn into office shall forthwith Assessments, how 
 assess the sum voted at the meeting upon the inhabitants of the aroom'ted!"^"'"' 
 township for which they were appointed, by an equal pound rate 
 
 upon the real and personal property in their respective occupation 
 or possession within the same, regard being had to the value of 
 the rents of the real estate, and the capability of the personal 
 estate to produce profit, and the assessors shall appoint collectors 
 who shall collect and receive the same notwithstanding any appeal 
 made or pending. No assesssor shall act as collector. 
 
 22. Separate suits shall not in future be brought against de- i'™cccdiugs to 
 
 i. o o collect I'iLtes 5li3.ll 
 
 faulters. but every collector shall make a general return to a jus- be by general 
 tice within the township, or if none reside there to any justice of TressTform given, 
 the county, of every person upon his list, who, after demand made, '^^^' *^''- 
 shall not have paid his rate ; and the collector shall make oath in 
 writing before such justice, setting forth the name of every defaul- 
 ter, the sum assessed, that the demand has been made, and that 
 the rate is unpaid, and thereupon such justice shall forthwith issue 
 a general warrant of distress against the several defaulters in the 
 form in the schedule, directed to a constable not being such collec- 
 tor, commanding hini to levy upon the goods of each person named 
 in the warrant the sum due by such person, with constable's and 
 justice's fees. The constable shall forthwith execute the warrant 
 and pay over the amount collected to the collector, who shall there- 
 upon pay the same to the overseers. The justice's fee for such 
 warrant shall be three shillings and six pence, and the constable's 
 fee for each person in the warrant shall be one shilhng, but the 
 constable shall have no travelling fees or poundage, and the jus- 
 tice's fee shall be apportioned among the several persons, if more 
 than one, in the warrant. 
 
 23. The iustices in general or special sessions, as the case may Appellants to be 
 
 T 11 1 in f 1 11 relieved by the 
 
 be, may relieve appellants as they snail see fit, and may order the sessions. 
 overseers of the poor to refund any excess of rates collected. 
 
 24. No person shall be assessed for the support of the poor Parties iiawe to 
 unless in the opinion of the assessors he is able to pay a rate of at ^ "^^^^^^ ' 
 least one shilling annually. 
 
 25. If any person think himself over-rated he may appeal to overrated per- 
 the next sessions or to the next special sessions to be held for hear- ™°^ "^^ ^^^^ ' 
 ing such appeals in the county or district wherein the assessment 
 
 was made, and the order of such court of appeal shall be final. 
 
 26. The overseers shall apply all sums of money voted and Appropriation of 
 received by them to the purposes specified, and any collector who tors 'may be'sued 
 shall neglect to pay over to the overseers any sum by him collec- ^^ overseer. 
 ted may be sued by them, and the amount shall be recovered as if 
 
 it were a private debt. 
 
 27. The overseers of the poor shall within one month after the Accounts of over- 
 expiration of their office render to the clerk of the peace of the how^rendwedT'^ 
 county jn whicli they rggide, to be laid before a general or special 
 
■ to render ac- 
 countb as ve- 
 quii'ed. 
 
 sessions, m case 
 of neglect to as- 
 scds for the sup- 
 port of poor. 
 
 268 Chap. 89. Sect. 28—37. [part i. 
 
 sessions, an account of all money received and the particulars of 
 all expenditures by them for the support of the poor, and shall 
 account for the same, on oath if required, before such sessions. In 
 case there is no clerk and treasurer for the district, they shall 
 enter their proceedings in a book to be kept for the purpose, and 
 at the expiration of their office shall dehver the same, and any 
 money in hand unexpended, to their successors. 
 Sessions to audit 28. The general or special sessions shall examine the accounts 
 
 tiie aocounts. „ /. i t i • i t i n n t 
 
 01 overseers oi the poor -when so submitted, and snail allow or dis- 
 allow the same as shall seem proper and determine the just balance 
 that may be due thereon. 
 
 Fine for refusal to 29. Evcry person appointed an overseer of poor who shall refuse 
 to serve shall forfeit five pounds, to be recovered by the overseers of 
 poor next in office for the same place. 
 
 Fine for neglect- 30. Overscers of poor who shall not within one month after 
 the expiration of their office render to the clerk of the peace an 
 account of all sums of money received and expended by them, 
 shall forfeit five pounds. 
 
 Tuirashipsmay 31. If the inhabitants of any township shall neglect to meet 
 
 be tLiiiercecl Ijv tlie 
 
 as required, or, having met, shall neglect to make adequate provi- 
 sion for the support of their poor, the justices in sessions or any 
 special sessions called for the purpose, shall, on the apphcation of 
 the overseers of poor for such township, amerce the same in a sum 
 necessary for that purpose, and shall appoint five freeholders of 
 the township to assess the inhabitants thereof in case there are no 
 assessors already appointed. 
 Appointment of 32. The asscssors in the last section shall appoint collectors to 
 sessmentVto be collect and receivc the amounts assessed, and the assessment when 
 posted. made shall be affixed in some public place within such township 
 
 that the persons assessed, may, if they see fit, appeal therefrom. 
 The amounts amerced and assessed shall be levied, collected, paid, 
 and expended as other poor rates. 
 i-ino for assessors 33. If any persou appointed an assessor shall refuse to serve, 
 appointmenr'or' the inhabitants or justices as the case may be respectively, or a 
 special sessions shall appoint another in his stead ; and such person 
 refusing shall forfeit forty Shillings. 
 riue for assessoi-s 34. Every assessor accepting office who shall neglect to make 
 the assessment required witiun twenty days alter his appointment, 
 shall forfeit five pounds ; but no person shall be obliged to serve 
 as assessor oftener than once in three years. 
 
 35. Every person appointed a collector who shall refuse to 
 appoi'ntm'enr'or' scrvc shall forfeit forty shilhngs, and another collector shall be 
 otiiers. forthwith appointed in his place. 
 
 Collectors to ;il- 36. Evory collector shall, once in every three months, account 
 ovel'to'°overii.Ts "^^1*^ ^^^ ¥'W to the ovcrsecrs all money received by him ; and 
 once every thr,;e upon neglcct SO to account and pay, the same may be recovered by 
 
 the overseers as a private debt. 
 Fine for collector 37. Every collcctor who shall neglect for thirty days after, 
 
 "°"°" '" acceptance of office to perfqrm the duty thereof, shall forfeit five 
 
 pounds. 
 
 other 
 
 neglecting duty. 
 
 Fine for collectors 
 
 neglecting duty. 
 
to be given. 
 
 TITLE XXIII.] Chap. 89. Sect. 38—44. 269 
 
 38. When any person shall apply for and obtain relief from Persons receiving 
 the overseers, and it shall happen that such person was at the theamouit™ 
 time possessed of or entitled to any property, out of which the *'''■ 
 expenses so incurred may be repaid, the overseers may demand 
 
 and recover from such person a repayment of the expenses so in- 
 curred, as if it were a private debt, and any money recovered shall 
 be accounted for by such overseers as other public money. 
 
 39. No person being an assessor shall on that account be Assessors not ex- 
 
 , r ij lini/_j_ cmpt from assess- 
 
 exempt irom assessments ; and any assessor who shall neglect to ments ; fine for 
 assess himself in a just proportion, shall forfeit five pounds. "ras'^temse'ive^" 
 
 40. The sessions shall establish the rate of commission to be commissions to 
 allowed to collectors of poor rates, but the same shall not exceed '"'"™'"^- 
 five per cent. 
 
 41. All forfeitures under this chapter when recovered shall be rorfeitmes, how 
 applied to the support of the poor of the township. *^'' '° ' 
 
 42. The inhabitants at one of their meetings may, if they see cierkancureasu- 
 
 *' "^ rcr ifl&v DC ^11- 
 
 fit, provide a salary for an officer to be called the clerk and treasurer pointed ■, bonds 
 
 of the district, and thereupon may appoint a person, not being an 
 
 overseer, assessor or collector, to fill the office. He shall give a bond 
 
 to the overseers by their name of office, with two sureties, in double 
 
 the amount of the annual assessment, or thereabouts, conditioned 
 
 for the faithful discharge of his duty, and shall be sworn into 
 
 office. 
 
 43. The clerk and treasurer shall be under the direction of the P"'y otaerk and 
 
 1 -1 • • 1 1 n 1 T f treasurer. 
 
 town meetmg while m session, and shall keep a correct record ot 
 its proceedings, from time to time, in a book to be furnished him 
 for that purpose, which book shall be open for inspection to all rate 
 payers at all reasonable times. He shall assist the assessors when 
 required, in writing out and copying rate bills ; he shall assist the 
 overseers in making up their accounts, and shall audit and check 
 the same ; he shall be authorised to give receipts and discharges to 
 collectors for monies paid by them to him, and he shall pay over 
 monies so received upon orders addressed to him in that behalf by 
 the overseers ; he shall file away for future reference all accounts, 
 papers, and vouchers relating to his office, and produce the same 
 when required by the town meeting or the overseers, and shall 
 generally discharge the duties of clerk and treasurer to the dis- 
 trict ; he shall not receive or take any commissions or other remu- 
 neration except his salary, which shall not be required to be voted 
 annually, but shall be continued until otherwise altered by a vote 
 of the town meeting. 
 
 44. This chapter shall extend to the city of Halifax in all cases ciiapter appiica- 
 
 • ■'■ , . ... ..1 ,1 . ,1 , ble to the city of 
 
 where its provisions are not inconsistent with, those m the act con- i-iaufaxwiierenot 
 ceming the city, passed in the present session. the°acf o? 'inco^ 
 
 poration. 
 
270 Chap. 89. [part i. 
 
 sch bdule. 
 Form of general warrant of distress. 
 
 r, , -. P To A. B., one of the constables 
 County of 5 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 
 
 J that the several sums for which they have been assessed 
 
 have been demanded from such persons respectively, and that the 
 sums set opposite their names in the schedule hereto annexed, 
 remain unpaid. These are therefore to require you forthwith to 
 make distress of the goods and chattels of the persons mentioned 
 in the schedule, and if within the space of five days next after 
 such distress by you taken, the sums in the schedule set opposite 
 their respective names, together with their proportion of justice's 
 and constable's fees, and the necessary charges of taking and keep- 
 ing 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 mo- 
 nies arising from such sale you do forthwith pay over the sums so 
 due by them respectively to the said C. D., the collector, together 
 with the justice's and constable's fees, if any, by him paid; and 
 that you do render to the owners of the goods respectively upon 
 demand the surplus remaining from 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 90. 
 
 OF POOR DISTRICTS. 
 
 Section 
 
 1. Poor districts conflrtned. 
 
 2. Pi'oceedings for dividing districts •, sessions 
 
 may make orders for shewing cause. 
 
 3. Orders to be posted. 
 
 4. Orders may be made dividing townships 
 
 jnto districts, with names, &c. 
 
 Section 
 
 5. Sessions may by order adjust expenses and 
 
 the support of present paupers. 
 
 6. Sessions may re-adjust expenses by subse- 
 
 quent orders. 
 
 7. Rates pending at such division not thereby 
 
 invalidatecl. 
 
TITLE XXIII.] Chap. 90. Sect. 1—7. 271 
 
 1. Poor districts as now established shall so continue until pom- districts con- 
 
 1, 11 1 farmed. 
 
 altered by law. 
 
 2. If twenty or more of the rate payers within any township Proceedings for 
 estabhshed for the support of poor, shall, by petition, apply to the sSSf ma"""' 
 court of sessions, stating their desire that such township should be "^^11?^™'" 
 divided into two or more districts, and setting forth the proposed 
 boundaries thereof, the court may, if they think fit, pass an order 
 
 calling upon the parties interested to shew cause at the next ses- 
 sions why such division should not be made. 
 
 3. Copies of such order, setting forth particularly such pro- orders to be 
 posed boundaries, shall be posted up in at least five of the most p™"^'^' 
 public places within the township sought to be divided, for at least 
 
 thirty days next previous to the ensuing sessions. 
 
 4. At such sessions the court may, if they think fit, make an orders may be 
 order dividing the township, either by the boundaries so proposed towMhipsliTto 
 or by such other boundaries as may be deemed proper, into as many districts, witii 
 
 i*. Ill Pin n 1 names, &c. 
 
 districts as may be thought necessary tor the future support 01 the 
 poor within the same, with a name or designation to each. 
 
 5. The sessions shall thereupon also ascertain the number of Sessions may by 
 paupers then chargeable on the whole township divided, and the penres^M'the" 
 amount required for their support, and, by order, direct the pro- ™upers°''"^'''^"' 
 portion 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 court of sessions may at any time alter or make anew sessions may re- 
 any order made in relation to the expenses of paupers, chargeable b^^subsequent' 
 at the date of their first order on the whole township, thereby to °'''*'^"- 
 efiect a more equal distribution of such expenses rendered neces- 
 sary by any increase or diminution thereof. 
 
 7. All rates, assessments, suits or actions, pending at the date Rates pending at 
 of such first order, may be prosecuted, levied and collected, as if the?eby™vau-"°' 
 such division had not been made. ''"*'='*• 
 
 CHAPTER 91. 
 
 OP THE MAINTENANCE OF BASTARB CHILDREN. 
 
 Section 
 
 1. Information of woman pregnant with a bas- 
 
 tard child ; how taken, and justices war- 
 rant thereon. 
 
 2. Reputed father to enter into bond^ until 
 
 after the birth. 
 
 3. Hearing after the birth, and order of filia- 
 
 tion. 
 
 Section 
 
 4. Reputed father shall give bond to fulfil the 
 
 order, or pay twenty pounds, or suffer six 
 months Imprisonment. 
 
 5. Information withm three months aft^r birth, 
 
 and justices warrant thereon. 
 
 6. Wh^D the reputed father cannot be served 
 
272 Chap. 91. Sect. 1—5. [part i. 
 
 Section Section 
 
 the order of filiation may be made in his making an order of filiation, and to make 
 
 absence ; proceedings thereon, 
 
 7. Such order may be subsequently confirmed 
 
 or reversed ; proceedings thereon. 
 
 8. Appeal from order of filiation. 
 
 9. Power of justices to control the expenses in 
 
 further order. 
 
 10. Overseers may sue bond in their own 
 
 names ; death or removal from office shall 
 not abate such suit. 
 
 11. Forms given. 
 
 Information of 1. If any womaii shall become pregnant Tvith a bastard child 
 
 with^a Sard likely to bccome chargeable to any township, she shall make oath 
 and^iisticefwar- ^^ Writing before a justice for the county where she resides that 
 rant thereon. gjig is SO pregnant and who is the father of the child, and such jus- 
 tice shall forthwith issue his warrant to apprehend the reputed 
 father and cause him to be brought before him or some other jus- 
 tice of the county. 
 Reputed father to 2. The rcputed father when brought before a justice shall be 
 unwate^the'"' required to enter into a bond with a surety to indemnify such 
 '"''"'• township until after the birth of the child and until an order of 
 
 filiation shall be made thereon, or till the reputed father be dis- 
 charged 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 the 3. As soon as Convenient after the birth of the child two jus- 
 ormiation.™ ^^ tices, on apphcation of an overseer of the poor or some substantial 
 householder of such township, 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 and of any 
 other person, except the reputed father, who may be produced by 
 the mother or reputed father, under oath to corroborate or invah- 
 date the testimony of the mother, as the case may be, and shall 
 either discharge the reputed father or make an order of fihation to 
 indemnify the township 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 weekly as they shall consider right, respect being 
 had to his abihty, towards the support of the bastard child while 
 chargeable to such township. 
 Eeputed father 4. The rcputcd father shall then enter into a bond with one 
 tofuimthe^order, surcty to fulfil the order of filiation, or shall pay to the overseers 
 pounds'Tr^suffer of ^^^ P°°^ twButy pounds for the support of each such child, or 
 six months impri- other town uscs, and, in default, shall 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 twenty pounds. 
 Information with- 5. If the mother of a bastard child shall not previously to its 
 after'wrth°and hirth have made oath in writing before a justice disclosing the 
 justices warrant rcputed father, any justice may at any time within three months 
 after the birth, on apphcation of an overseer of the poor of the 
 township where the child has been, or is hkely to become charge- 
 able, take the oath of the mother in writing, declaring who is the 
 father of such child, and, thereupon, two justices shall issue a 
 
TITLE XXIII.] Chap. 91, Sect. 6— 11. 273 
 
 warrant to bring the reputed father and the mother before them at 
 a time and place therein named, and such proceedings shall be had 
 thereon as directed in cases "where the mother has disclosed the 
 name of the father before the birth. 
 
 6. If any reputed father shall conceal himself or so avoid ser- ^^'i'™ "i« f^- 
 vice of a -warrant that he cannot be brought before the justices as rot be sewed, tho 
 therein directed for hearing and examination, then they may make Aay'b?maae'ta 
 up their order of filiation in his absence and issue their warrant to "^^ absence ; pvo- 
 
 , '^. I . , ~ , , 1 T, ,. ceedmgs thereon. 
 
 bring him beiore 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 township from the charge of 
 such child. 
 
 7. At the time and place appointed the justices shall proceed such oida- may 
 to confirm, reverse, modify, or make a new order of filiation, as conflrmed'or"ic^ 
 may seem right, and thereupon the reputed father shall imme- iwf^ere™^^'* 
 diately enter into a bond with one surety to perform the order so 
 confirmed, modified or made anew, or shall pay twenty pounds for 
 
 the support of the child, or other town uses ; and in default shall 
 be liable to the penalties and imprisonment before prescribed for 
 non-performance of an order of fihation. 
 
 8. If a reputed father think himself aggrieved by an order of Appeal nom 
 filiation, he may appeal to the next supreme court to be held in '"■<'s'^"'fli»'>™- 
 the county, except in Halifax where the appeal shall be to the 
 
 next general sessions, where the whole matter may be heard and 
 tried by a jury and the order of fihation 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 per- 
 form the order of fihation, if confirmed, and in such case to pay 
 the costs incurred by the overseers in consequence of the appeal. 
 
 9. Upon the examination and hearing preparatory to making power of justices 
 an order of fihation, the justices may direct that the mother shall pensTs'to making 
 bear a part or the whole of the expense of the maintenance of such ^° ""^aer of fliia- 
 child, either by nursing the child or as otherwise directed in the further orders. 
 order of fihation, or make any other order in relation thereto. 
 
 10. The overseers for any township may sue in their own overseers may 
 names upon any bond entered into under this chapter, whether own^names""^""^ 
 made to them or their predecessors in ofiice ; and such suit shall ?'=''"' °'' removal 
 
 11111 IP iv n 1 n °°^ office shall 
 
 not abate by the death or removal trom omce oi such overseers oi not abate such 
 
 '^ /. ,1 suit. 
 
 poor or any or them. 
 
 11. The following forms shall be used and adhered to as nearly Forms. 
 as may be : — 
 
 Examination of mother previous to birth of child. 
 
 County of ss. 
 
 The examination of A. B., of , in the county of - 
 
 taken on oath before me, who deposeth that she is with child, 
 which is likely to be born a bastard, and to be chargeable to the 
 35 
 
274 Chap. 91. [paet i. 
 
 township of and that C. D. of is the father of such 
 
 child. 
 
 A. B. 
 
 Sworn before me this day of , A. D. 18—. 
 
 E. F., J. P. 
 
 Warrant to apprehend the reputed father before the birth. 
 
 County of ss. 
 
 To any of the Constables of the said county. 
 Whereas A. B. of , in the said county, hath by her exa- 
 mination in writing, taken upon oath before me this day, declared 
 herself to be with child, which is likely to be born a bastard, and 
 
 to be chargeable to the township of and that C. D. of 
 
 is the father of such child, I do hereby command you to 
 
 apprehend the said C. D. and bring him before me, or some other 
 justice for the said county, to find security to perform any order of 
 filiation that may be made, or in default thereof to commit him to 
 jail, there to remain until an order of filiation shall be made. 
 
 E. F., J. P. 
 
 Form of a cmnmitnient where the reputed father when brought 
 up before birth of child, refuses to enter into boiid of indem- 
 nity, to be endorsed on the warrant. 
 
 Whereas the within named C. D. now before me, hath refused to 
 enter into a sufficient bond to perform an order of filiation if made, 
 I hereby order that he be committed to jail, there to remain until 
 he shall have given such bond, or be brought up for ftirther exa- 
 mination in the premises. Witness my hand and seal, this 
 
 day of A. D. 18— 
 
 E. F, J. P. (Seal.) 
 
 Examination 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 \iiude or female\ bastard child which is likely to become 
 
 chargeable to the township of , and that CD. 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. 
 
 KnoAv all men by these presents that we, C. D. of , in 
 
 the county of , and G. H. of , in the same county ■, 
 
 are held and firmly bound unto the overseers of the poor for the 
 township of , in the said county and tjieir successors ii^ 
 
TITLE XXIII.] Chap. 91. 275 
 
 office in pounds, to be paid to the said overseers of the 
 
 poor or their successors in office, for which payment well and truly 
 to be made we bind ourselves, and each of us by himself, our and 
 each of our heirs, executors and administrators, firmly by these 
 
 presents, sealed with our seals. Dated this day of , 
 
 A. D. 18—. 
 
 Whereas A. B. of hath declared on oath that she is 
 
 with child, which is likely to be born a bastard and to be charge- 
 able to the township of , and that 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 perform any 
 order of fihation that may be made upon him in the premises, then 
 this obligation to be void. 
 
 Signed, sealed, and dehvered, ) C. D. (Seal.) 
 
 in presence of \ G. H. (Seal.) 
 
 J. K. 
 
 Warrant to bring up 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 township of , and that 
 
 C. D. of is the father of such child, and that such child is 
 
 now hving and chargeable to the township of , and the 
 
 overseers of the poor of such township have applied to us to issue 
 this warrant : 
 
 These are to command you that you bring the said A. B. and 
 
 the said CD. respectively before us at the of , in 
 
 the said county, on the day of , at the hour of , 
 
 to be by us further examined that we may make such order 
 thereon as to right may appertain, and also that you do personally 
 attend at the same time and place. 
 
 Witness our hands and seals this day of , A. D. 
 
 18—. 
 
 E. F., J. P. (Seal.) 
 L. M., J. P. (Seal.) 
 
 Order of filiation. 
 
 County of , ss. 
 
 The order of E. F. and L. M., esquires, two justices for the said 
 county, concerning a \male or fem,ale\ bastard child lately born in 
 the township of , of A. B. 
 
 Whereas upon the oath of the said A. B. it hath appeared unto 
 us that on the day of last past, she was delivered of 
 
276 Ghap. 91. [part I. 
 
 a [male or female] bastard child in the township of , and 
 
 that such child is now chargeable to the township of , and 
 
 likely so to continue, and that C. D. of is the father of 
 
 such child. 
 
 And whereas the said C. D. hath been brought before us by our 
 warrant, [or "hath refused to appear" as the case may be,] 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 otherwise, 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 township of as for the sustenance 
 
 of such child that the said C. D. shall forthwith, upon notice to 
 him given of this our order, pay to the overseers of the poor for 
 
 the said township the sum of towards the lying in of the 
 
 said A. B. and the maintenance of such child up to this date. 
 
 And further that the said C. D. shall pay to the overseers of 
 
 the poor of the said township for the time being the sum of 
 
 weekly from the date hereof during so long time as the child 
 shall remain chargeable to such township towards the maintenance 
 of such child. And we order that the said A. B. shall also pay to 
 
 the overseers of the poor of the township the sum of weekly 
 
 so long as the child shall be chargeable to the township in case she 
 shall not herself take care of the child. Given under our hands 
 
 and seals, tliis day of , A. D. 18 — . 
 
 E. F., J. P. (Seal.) 
 L. M., J. P. (Seal.) 
 
 ConimUmcnt to be endoi'sed upon the ordei' of filiation. 
 
 County of ss. 
 
 Whereas CD., within named, hath refused to comply with the 
 within order, or to give sufficient bonds to the overseers of the poor 
 
 to indemnify the township of in the said county, in respect 
 
 of the support of the child within referred to, we hereby direct the 
 liigh 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.) 
 
 Warrant to apprehend reputed father after order of filiation, 
 tvhere he shall have avoided service of previous warrant. 
 
 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 
 
 aay of , A. B, of , and C. D. of , 
 
TITLE XXIII.] Chap. 91. 277 
 
 ■wMch 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 fihation in the absence of the 
 said CD., but he the said CD. has not complied therewith : these 
 are therefore to command you to bring the said CD. before us, at 
 
 the , on the day of , at o'clock, that 
 
 he may be examined by us touching such order of fihation, 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 fulfil the order of filiation. 
 
 Know all men by these presents, that we, C D. of , in 
 
 the county of , and G. H. of , in the same county 
 
 , are held and firmly bound unto the overseers of the poor 
 
 for the township of , in the said county, in pounds, 
 
 to be paid to the said overseers of the poor, and their successors in 
 ofiice, 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 for 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 obhgation is such that if the 
 said C D., his executors or administrators, do well and truly obey 
 such order of fihation, then this obhgation shall become void. 
 
 Signed, sealed, and delivered, 1 C D. (Seal.) 
 
 in presence of \ G. H. (Seal.) 
 
 J. K. 
 The like, where an appeal from such order shcdl have been 
 'made to the supreme court. 
 
 Know all men by these presents, that we C D. of ^, in 
 
 the county of , and G. H. of , in the same county 
 
 , are held and firmly bound unto the overseers of the poor 
 
 for the township of , in the said county, in pounds, 
 
 to be paid to the said overseers of the poor, and their successors in 
 
 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 admin- 
 istrators, firmly by these presents. Sealed with our seals, dated 
 this day of , A. D. 18—. 
 
278 Chap. 92. Sect. 1—4. [pabt i. 
 
 Whereas by an order of filiation duly 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 supreme court, [or sessions at Ha- 
 lifax.] Now the condition of this obligation is such, that in case 
 such order shall be confirmed bythe court, then if the said CD., his 
 executors or administrators, do pay all costs and charges which may 
 be legally incurred by the overseers of the poor for the said town- 
 ship, in consequence of such appeal, and also do obey such order 
 so confirmed, then this obligation shall become void. 
 
 Signed, sealed, and delivered, ) C. D. (Seal.^ 
 
 in the presence of ) G. H. (Seal.) 
 
 J. K. 
 
 TITLE XXrV. 
 
 OF CERTAIN BIRDS AND ANIMALS. 
 
 CHAPTER 92. 
 
 OF THE PRESERVATION OF USEFUL BIRDS AND ANIMALS. 
 
 Section 
 
 . Sessions to make orders repilating the pe- 
 riods of the year for killing moose. 
 
 . Imprisonment provided where fines are not 
 paid. 
 
 . lines for keeping dogs accustomed to kill 
 
 Section 
 
 1. Partridge, snipe, and woodcock not to be 
 
 killed between the first of March and the 
 first of September. 
 
 2. Fine for ofience. 
 
 3. Moose preserved by order of sessions. 
 i. Snares in violation of such orders may be 
 
 destroyed. 
 
 Partridge, snipe, 1. No persou shall take or kill any partridge, snipe, or wood- 
 w be^'kmerbe-"' cock, Or shall sell, buy, or have the same in his possession, between 
 Marcli'and^the"^ *^® ^^^ °^ March and the first of September in any year ; but 
 first of septem- Indians and poor settlers may kill them for their own use at any 
 
 season. 
 Fine for offence. 2. Evcry oficuder shall forfeit ten shillings for each offence. 
 Moose preserved 3. The sessious may make orders respecting the setting of 
 sions'.''" °' ^'^^ snares or traps for catching moose, and for their preservation, and 
 
 affix penalties not to exceed five pounds for the breach of such 
 
 orders respectively. 
 tSn'ofsucholders ^' "^^^ pcrson may destroy any snare made or existing in 
 may be de- ' vioMon of such ordcrs. 
 
 ptroyed. 
 
TITLE XXIV.] Chap. 93. Sect. 1—4. 279 
 
 5. The sessions may make orders for regulating the periods of sessions to make 
 the year within which moose may be killed, and moose flesh may the periods of the 
 be bought or sold, or offered for sale, and affix penalties for the ^Zm^ '""'"'^ 
 breach thereof, to be not more than five pounds forkilhng a moose, 
 
 nor forty shillings for any other offence under this section. 
 
 6. If the penalties incurred under these provisions be not paid p"'J,M°™fi"re 
 with costs the offender shall be committed to jail there to remain fines aie not paid. 
 one day for every five shilhngs thereof, or until the amount be 
 
 paid. 
 
 7. Any person who shall keep a dog known to kill or accus- |'™^ f'"' keeping 
 
 , ■' ^ , , , J^ -in 1 -IT ""Bs accustomedl 
 
 tomed to worry sheep or lambs, alter notice, shall pay ten shillmgs to kiii steep. 
 to the owner for every sheep or lamb killed, and shall also forfeit 
 twenty shillings for each offence. 
 
 CHAPTER 93. 
 
 OF THE DESTRUCTION Oi' NOXIOUS ANIMALS. 
 
 Section 
 
 1. Sessions may appoint rewards for killing 
 
 bears, loup-cerviers, wild cats and wolves. 
 
 2. Preliminary proceedings for obtaining pro- 
 
 vincial boxmty for killing a wolf. 
 
 Section 
 
 3. Justice's duty on application ; his certifi- 
 
 cate. 
 
 4. Bounty of five pounds allowed from the 
 
 treasury. 
 
 1. The sessions, with the approval of the grand jury, may esta- sessions may ap- 
 blish rules and appoint rewards for encouraging the killing of bears, kultag'^^s,^ '"" 
 loup-cerviers, wild cats, and wolves, and such rewards shall be a '"a'tslndwdTCsI' 
 county charge. 
 
 2. Every person kilUng a wolf within the province and inten- Preiiminaiy pro- 
 ding to claim a bounty therefor, shall produce the head of the tafning^ provincial 
 animal with the skin and ears entire, to a justice of the peace of ^™°,\f ''°' '''"'°» 
 the county where taken, and shall make oath of the fact in writing, 
 
 stating the time and place where such wolf was taken, and shall 
 submit to any further examination required by such justice, but no 
 bounty shall be allowed for any wolf taken out of the womb of 
 the mother. 
 
 3. If the justice shall be satisfied of the truth of the state- justice's duty oa 
 ment, he shall cut off and burn the ears and scalp of such wolf, 'Zfimc^^' *"' 
 and deliver to the person applying a certificate of the facts, annex- 
 ing thereto the affidavit taken, and shall number the certificates 
 
 issued by him each year and mark the number and year thereon. 
 
 ■J:. Upon the certificate with the affidavit annexed, being trans- Bounty of five 
 mitted to the office of the provincial secretary, a bounty of five frorthetSury. 
 pounds shall be paid out of the treasury to the party entitled. 
 
280 
 
 Chap. 94. Sect. 1—3. 
 
 [part I. 
 
 TITLE XXV. 
 
 OF THE FISHERIES. 
 
 CHAPTER 94, 
 
 OF THE COAST FISHERIES. 
 
 Section 
 
 1. Revenue of&cers may board vessels hover- 
 
 ing within three miles of the coast, &c. 
 
 2. Proceedings when the master, bound else- 
 
 where, refuses on notice to depart. 
 
 3. Foreign vessels, fishing or preparing to fish, 
 
 and their cargoes, forfeited. 
 
 4. Vessels and goods forfeited liable to seizure -, 
 
 penalty for obstructing officers. 
 
 5. Custody of vessels and goods seized. 
 
 6. Condemned vessels and goods, how dis- 
 
 posed of, and the proceeds how applied. 
 
 1. Penalties and forfeitures, how prosecuted. 
 
 8. Vessels and goods to be delivered on secu- 
 rity. 
 
 9 Suits, how brought and prosecuted ; oral 
 evidence admissible as to the authority of 
 seizing officers. 
 
 Kevenue officers 
 may board vessels 
 hovering within 
 three miles of the 
 coast, &c. 
 
 Proceedings 
 where the master, 
 bound elsewhere, 
 refuses on notice 
 to depart. 
 
 Foreign vessels 
 fishing or prepar- 
 ing to fish, and 
 their cargoes, 
 forfeited. 
 
 Section 
 
 10. Burden of proof in cases of seizure to rest 
 
 with claimant. 
 
 11. Claims upon property seized to be under 
 
 oath. 
 
 12. Security to be given before claim entered. 
 
 13. Month's notice to officer before action. 
 
 14. limitation of action against seizing officers. 
 
 15. Certificate of probable cause of seizure shall 
 
 prevent the recovery of costs, &c. 
 
 16. Amends may be tendered within one month. 
 
 17. Limitation of actions for penalties, &c. 
 
 18. Appeals, within what time to be prosecuted. 
 
 19. Coasting vessels to have a narrow piece of 
 
 plank or iron extending aft of the stern 
 post. 
 
 20. Forfeiture for destroying nets where coast- 
 
 ers are not so provided. 
 
 21. Definition of terms. 
 
 1. Officers of tlie colonial reveimCj sheriffs, magistrates, and 
 any other person duly commissioned for that purpose, may go on 
 board any vessel or boat -within any harbor in the province, or 
 hovering within three marine miles of any of the coasts or harbors 
 thereof, and stay on board so long as she may remain -within such 
 place or distance. 
 
 2. If such vessel or boat be bound elsewhere and shall continue 
 within such harbor, or so hovering for twenty-four hours after the 
 master shall have been required to depart, any one of the officers 
 above mentioned may bring such vessel or boat into port and search 
 her cargo, and also examine the master upon oath touching the 
 cargo and voyage, and if the master or person in co;nmand shall 
 not truly answer the questions demanded of him in such examina- 
 tion he shall forfeit one hundred pounds ; and if there be any pro- 
 hibited goods on board, then such vessel or boat, and the cargo 
 thereof, shall be forfeited. 
 
 3. If the vessel or boat shall be foreign and not navigated ac- 
 cording to the laws of Great Britain and Ireland, and shall have 
 been found fishing or preparing to fish or to have been fishing 
 within three marine miles of such coasts or harbors, such vessel or 
 boat, and the cargo, shall be forfeited. 
 
TiTiE xxv.J Chap. 94. Sect. 4—13. 281 
 
 4. All goods, vessels and boats liable to forfeiture may be vessels ana goods 
 seized and secured by any of sucb ofiScers or persons so commis- seizure* peuaity" 
 sioned, and every person opposing them, or any one aiding such Sficei^s'""^''"'^ 
 opposition, shall forfeit tvro hundred pounds. 
 
 5. Goods, vessels and boats, seized as liable to forfeiture under custody of ves- 
 this chapter, shall be forthwith delivered into the custody of the Jg,,^'' ^'""^' 
 officers of the colonial revenue next to the place where seized, to be 
 
 secured and kept as other vessels, boats, and goods seized, are di- 
 rected to be secured and kept by law. 
 
 6. All goods, vessels, and boats, condemned as forfeited under condemned ves- 
 this chapter, shall, by direction of the principal officer of the colo- how disposed^of, 
 nial revenue where the seizure shall have been secured, be sold at howa^'^ued'^'^'"''* 
 public auction, and the produce of such sale shall be applied as 
 
 follows : the amount chargeable for the custody of the property 
 seized shall first be deducted, and paid over for that service, one 
 half of the remainder shall be paid to the officer or person seizing 
 the same without deduction, and the other half, after first deduct- 
 ing therefrom all costs incurred, shall be paid into the treasury of 
 the province; but the board of revenue may nevertheless direct 
 that any vessel, boat or goods, seized and forfeited, shall be destroyed 
 or reserved for the pubhc service. 
 
 7. All penalties and forfeitures hereunder shall be prosecuted Penalties and 
 
 1 i'i.1 !/•• I'l, forfeitures, how 
 
 and recovered m the court oi vice admiralty. prosecuted. 
 
 8. If any goods, vessel or boat, shall be seized as forfeited under vessels ^„,^ g^ods 
 this chapter, the iudge of the vice admiralty, with the consent of '° •'^ '•e-i'^iivevea 
 
 ■'^'..JO i"'iT 1 ,. "f security, 
 
 the persons seizmg the same, may order re-dehvery thereot, on 
 security by bond, to be made by the party, with two sureties, to the 
 use of her majesty. In case the property shall be condemned, the 
 value thereof shall be paid into the court, and distributed as above 
 directed. 
 
 9. All suits for the recovery of penalties or forfeitures shall be suits, how 
 
 in the name of her majesty, and shall be prosecuted by the advo- seSedToraiev'i- 
 cate general, or in case of his absence by the solicitor general. If as'trthe'^authra^ 
 a dispute arise whether any person is authorized to seize under this 'y »f seizing om- 
 chapter, oral evidence may be heard thereupon. 
 
 10. If any seizure take place under this chapter, and a dispute Bmdenofproofin 
 arise, the proof touching the illegahty thereof shall be upon the resTwith^Sm-'" 
 owner or claimant. '>"'■ 
 
 11. No claim to any thing seized under this chapter, and ciaims upon pro- 
 returned into the court of vice admiralty for adjudication, shall be S^dra olT'L '° 
 admitted, unless the claim be entered under oath, with the name of 
 
 the owner, his residence and occupation, and the description of the 
 property claimed, which oath shall be made by the owner, his 
 attorney or agent, and to the best of his knowledge and belief 
 
 12. No person shall enter a claim to any thing seized under security to be 
 this chapter until security shall have been given in a penalty not fi,™°ed''"' ^ "'"''" 
 exceeding sixty pounds to answer and pay costs occasioned by such 
 
 claim, and in default of such security the things seized shall be 
 adjudged forfeited and shall be condemned. 
 36 
 
282 Chap. 94. Sect. 13—21. [part i. 
 
 Month's notice to 13. No writ shall be sued out against any ofiScer or other 
 
 officer before ac- pgj,gQjj autliorfzed to seizo uudcr this chapter for any thing done 
 thereunder, until one month after notice in -writing, dehvered to 
 him or left at his usual place of abode by the person intending to 
 sue out such writ, his attorney or agent, in which notice shall be 
 contained the cause of action, the name and place of abode of the 
 person who is to bring the action, and of his attorney or agent, 
 and no evidence of any cause of action shall be produced except 
 such as shall be contained in such notice. 
 
 Limitation of ac- I'l- Evcry such action shall be brought within three months 
 
 tion against sei- after the causc thereof has arisen. 
 
 zing olncerg. . . . • i t i • 
 
 „,.,,, 15. If on any mformation or suit brought to trial under this 
 
 Certificate of pro- •/ . . ini 
 
 babie cause of chapter on account of any seizure, judgment shall be given for the 
 venr'the recoveiy claimant, and the judge or court shall certify on the record that 
 of costs, &c. there was probable cause of seizure, the claimant shall not recover 
 costs, nor shall the person who made the seizure be liable to any 
 indictment or suit on account thereof. And if any suit or prose- 
 cution 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 plaintiif besides the thing seized or its value shall not recover 
 more than two pence damages nor any costs of suit, nor shall the 
 defendant be fined more than one shilling. 
 Amends may be 16- The Seizing officcr may within one month after notice of 
 on"''mon'tC'*'" ^ctioH rcceivcd tender amends to the party complaining or his at- 
 torney or agent, and plead such tender. 
 Limitation of ac- ^ '^ ■ "^^^ actjous for the recovery of penalties or forfeitures im- 
 tions tor penal- posed by this chapter must be commenced within three years after 
 ' ' the offence committed. 
 
 , . , , 18. No appeal shall be prosecuted from any decree or sentence 
 
 Appeals, witnin ^.^,. .^ ,. •'- ««. 
 
 what time to be 01 any court m this province, touching any penalty or lorieiture 
 prosecuted. ijnposcd hereby, unless the inlubition be applied for and decreed 
 
 within twelve months from the decree or sentence being pro- 
 nounced. 
 Coasting vessels 1^. All coasting vcssels Under sixty tons burthen, owned in 
 to have a narrow -[his province, and engaged in the coasting trade thereof, shall be 
 iron extending aft fumished with a uarrow piece of plank or iron afiBxed to the bot- 
 of the stern post. ^^^ ^^ ^j^^ j^^gl ^^^ j^^^j therewith, extending aft at least six 
 
 inches beyond the aperture between the stern post and rudder, and 
 well secured on the keel. But this section shall not extend to 
 vessels in which the main or false keel extends six inches beyond 
 the aperture between the stern post and rudder. 
 Forfeiture for de- 20. Any owner or master of a coasting vessel not so furnished 
 wherl"?o°sters ^^ built, ruuniug foul of any net set off the harbors, bays and 
 are not so pro- nvers of the coast, shall, upon due proof thereof, forfeit five 
 pounds, to be recovered by the party injured to his own use as a 
 private debt, leaving to the party grieved, nevertheless, his rights 
 at common law for any further damage. 
 Definition of 21. In this chapter "vessels" shall include ships, and "har- 
 
 terms. bors" shall include ports, bays and creeks. 
 
TITLE XXV.] 
 
 Chap. 95, Sbct. 1—5. 
 
 283 
 
 CHAPTER 95. 
 
 OF RIVER FISHERIES. 
 
 Section 
 
 1. Sessions empowered to make orders for 
 
 river fisheries. 
 
 2. Mill-dams to have proper waste gates. 
 
 3. Proceedings by a jury upon a complaint, 
 
 how taken. 
 
 4. Fine and order of sessions on jury finding 
 
 complaint well founded. 
 
 5. Sheriff to destroy Che mill-dam if waste gates 
 
 are not made. 
 
 6. Fisheries on rivers running through private 
 
 lands to be regijlated by sessions. 
 
 7. Session orders to extend to the centre of the 
 
 channel of a river which divides counties. 
 
 Section 
 
 8. Sessions to make orders respecting the set" 
 
 tmg or drifting of nets, erecting of wears, 
 &c. ; to appoint overseers. 
 
 9. Fees of overseers. 
 
 10. Salmon fisheries in rivers regulated and 
 
 protected. 
 
 11. Fine and forfeiture for violation of last sec- 
 
 tion ; trial of offender ; appeal. 
 
 12. Persons equipped by night for fishing to be 
 
 considered in the act of fishing. 
 
 13. Existing regulations to remain in force one 
 
 year, unless altered. 
 
 1. The sessions may from time to time make orders for regu- Sessions empow- 
 
 1.. . f»i*T 11 11, 1 ered to make or 
 
 lating river nsheries, and any person who shall transgress such ders for river 
 
 orders shall forfeit a sum not exceeding ten pounds for each offence. *^'"=''"=^- 
 
 2. All mill-dams or other obstructions placed on or across any Mni-damstohave 
 river resorted to by fish from the sea for spawning, shall be built gates" "^"^"^ 
 with a waste-gate or slope sufficient for such fish to pass up and 
 
 return down, and which shall be kept in repair during the whole 
 season of such fish passing up and returning. 
 
 3. If any such dam or obstruction be built without a sufficient Proceedings by a 
 waste-gate or slope, on complaint under oath made to the general •i'f'T "p"" 'J 'i°"' 
 
 q .^',,^„., „ ,, 5^ plamt, how taken. 
 
 or special sessions, and whereoi the owner oi such dam or obstruc- 
 tion shall have had timely notice in writing, such sessions shall 
 issue a precept to the sherifi' commanding him to empanel a jury of 
 twelve men, and with the same to repair to and view the place, and 
 having heard the examination upon oath of any witnesses produced 
 on either side to return an inquest to the general sessions. 
 
 4. If the jury shall find the complaint well grounded, the ses- 
 sions shall make an order directing the owner of such mill-dam or 
 obstruction to construct a sufficient waste-gate or slope within a 
 reasonable time therein specified, and requiring him to pay a fine 
 not exceeding twenty nor less than five pounds ; and in case of re- 
 fusal to pay the same with such reasonable charges or expenses as 
 may be taxed and allowed, the sessions may direct an execution 
 therefor to be issued as if such judgment had been given for a debt. 
 
 5. If the party convicted shall not construct a sufficient waste- 
 gate or slope as required within the time specified in the order, the 
 general or a special sessions, upon such neglect being made to ap- 
 pear to them, may issue a precept to the sheriff requiring him to 
 take with him sufficient aid, and to prostrate and wholly destroy 
 the mill-dam or obstruction ; and all persons whose aid may be so 
 required shall assist for tliat purpose. 
 
 Fine and order of 
 sessions on jury 
 finding complaint 
 well founded. 
 
 Sheriff to destroy 
 the mill-dam if 
 waste gates are 
 not made. 
 
284 
 
 Chap. 95. Sect. 6—12. 
 
 [part I. 
 
 i'isheries on ri- 
 vers running 
 tlirough private 
 lands Lo be re- 
 gulated by ses- 
 sions. 
 
 Session orders to 
 extend to the 
 centre of the 
 channel of a river 
 which divides 
 counties. 
 
 Sessions to make 
 orders respecting 
 the setting or 
 drifting of nets, 
 erecting of wears, 
 &c. ; t<) appoint 
 overseers. 
 
 Fees of overseers. 
 
 Salmon fisheries 
 in rivers regula- 
 ted and pro- 
 tected. 
 
 Fine and forfei- 
 ture for violation 
 of last section ; 
 trial of offender ; 
 appeal. 
 
 Persons equipped 
 
 6. The sessions shall annually appoint such and so many places 
 on the rivers and streams as may be attended with the least incon- 
 venience to the owners of the soil or the rivers as resorts for the 
 purpose of taking fish ; but the same, and the enactments herein 
 contained, shall not extend to any species of fish from the sea ex- 
 cept salmon, bass, shad, alewives and gaspereaux. 
 
 7. In cases where a river shall be the dividing line between two 
 counties, the orders and regulations of the sessions in each county 
 shall have force and efiect only to the centre of the channel of the 
 river being such dividing line. 
 
 8. The sessions may from time to time make orders for the set- 
 ting and drifting of nets, the erecting and placing of wears and 
 generally for the conducting of fisheries in all the bays, harbors, 
 rivers, streams or creeks, or on the shores thereof, or those of any 
 of the counties, to be enforced by penalties not exceeding ten 
 pounds for breach of any such order, and shall appoint overseers 
 for such fisheries and define the limits of their jurisdiction, and 
 the overseers shall see such orders carried into efiect. 
 
 9. Each overseer shall be entitled to five shillings annually 
 from each person owing or having the use of a net, seine or wear, 
 within the limits of his jurisdiction. 
 
 10. No person shall by spearing or sweeping with net or seine, 
 take, or attempt to take any salmon in any river, stream, lake or 
 water course, above where the tide usually rises and falls, and nets 
 for taking salmon above the usual rise and fall of the tide, shall 
 be set or placed only on one side of such river, stream, lake or 
 watercourse, and at such times as shall be fixed by the regulations 
 of the sessions. No stake, seine, wear, net, or other contrivance 
 for taking salmon shall be set or placed within one quarter of a 
 mile next below any mill or dam erected across any such river, 
 stream or watercourse, and no net for taking salmon shall extend 
 more than one third of the distance in a straight line across such 
 river, stream or watercourse. 
 
 11. Any person who shall violate the provisions of the last 
 section, shall forfeit a sum not exceeding ten pounds, and in addi- 
 tion all spears, implements, canoes, boats, nets, seines, wears, and 
 other contrivances used or employed in, about or preparatory to 
 the taking of salmon contrary to the preceding section or to any 
 orders of sessions made or to be made thereunder, shall be liable 
 to forfeiture, and the same may be seized at once under warrant of 
 any justice and detained until the trial of the oflender, when they 
 may be declared forfeited, and ordered to be sold at public auction. 
 If upon appeal from the judgment of the justice the owner or 
 possessor of the articles so declared forfeited shall give security to 
 pay into such justice's hands the value thereof, to be by him esti- 
 mated, in case the judgment appealed from shall be confirmed, 
 then such owner or possessor shall be entitled to their immediate 
 restoration. 
 
 12. Every person discovered at night with a spesw: and pic]i, 
 
TITLE XXVI.] 
 
 Chap. 96. Sect. 1—3. 
 
 285 
 
 or a torch only, in or about any river, stream, lake or watercourse, by night for flsh. 
 above the rise and fall of the tide, either in a boat or canoe, or "Herei in tiTact 
 otherwise, and apparently equipped for taking or spearing salmon, °ffi«'"'>s- 
 shall be considered in the act of spearing salmon, and the burthen 
 of disproving the same shall be upon the party so discovered. 
 
 13. The regulations of sessions relative to the fisheries not Existing reguia- 
 being deep sea fisheries in force at the time this chapter comes ^o^l oneTe^i?,'" 
 into operation, shall remain in force for one year thereafter unless ""^^^^ aiteied. 
 previously altered by the sessions. 
 
 TITLE XXVI. 
 
 CHAPTER 96. 
 
 OF THE ENCOURAGEMENT OF AGRICULTURE AND RURAL 
 ECONOMY. 
 
 Section 
 
 1. Central board of agriculturej how appoioted. 
 
 2. Board entitled to draw certain sums of mo- 
 
 ney ; application thereof and accounts. 
 
 3. Duty of the board. 
 
 Section 
 
 4. Fifty pounds granted to each county ; how 
 
 to be divided, and on what conditions. 
 
 5. Application of gi'ants. 
 
 6. Accounts of societies to be rendered under 
 
 oath. 
 
 1. The governor in council shall appoint a central board of agri- Central board of 
 culture at HaUfax, to consist of eleven persons, seven of whom aroototed*' ^°'^ 
 shall be resident in Hahfax or its vicinity, and one each in the east- 
 ern, middle and western divisions of the province and in Cape 
 
 Breton, four of whom shall be a quorum. 
 
 2. The board shall be entitled to draw out of the treasury two Board entitled to 
 hundred pounds annually for two years, out of which they may ^™ of money ■ 
 expend a sum not exceeding seventy-five pounds annually for the application 
 salaries of their ofScers, and a further sum not exceeding twenty- counts. ™ ^ 
 five pounds for their incidental expenses, and shall lay out the ba- 
 lance in such way as they shall deem best for promoting agricultural 
 improvement ; and they shall exhibit an account of such expenditure, 
 
 with proper vouchers, every year to the legislature. 
 
 3. The board shall open and carry on a correspondence with the Butyof theboaid. 
 several agricultural societies already formed, or which may here- 
 after be formed in this province, and shall aid and direct them as 
 
 far as may be required in prosecuting their several objects ; and 
 shall hkewise inspect and audit the accounts to be rendered by the 
 several societies of the apphcation and expenditure of their funds 
 
286 
 
 Chap. 96, Sect. 4—6. 
 
 [PAET I. 
 
 Fifty pounds 
 granted to each 
 county ; how to 
 be divided, and 
 on what condi- 
 tions. 
 
 Application of 
 grants- 
 
 Accounts of socie- 
 ties to be rendered 
 under oath. 
 
 as hereafter mentioned ; and from the reports to be furnished by 
 the societies, and from such other sources of information as may 
 be accessible to the board, shall furnish to the legislature, at every 
 session, a general report of the progress of agriculture throughout 
 the province, and of the expenditure of all monies granted therefor. 
 
 4. The sum of fifty pounds for each of the counties, making 
 eight hundred and fifty pounds in all, may be applied annually for 
 the next two years, as follows : — the board in each year shall ascer- 
 tain whether the agricultural societies that now are, or hereafter 
 may be, formed in the several counties, ought to receive a propor- 
 tion, and shall likewise determine what proportion, if any, each 
 one of such societies shall receive out of the grant of fifty pounds, 
 such proportion to be regulated by the board, with reference to the 
 numbers and contributions of the members of each society, and to 
 its local position and usefulness, and so as one society, if there be 
 no more than one in any of the counties, may receive, with the 
 approval of the board, the whole of such grant ; and the president 
 and secretary of each society shall be entitled to draw out of the 
 treasury, for the purposes of this chapter the sum that may have 
 been assigned to it by the board ; but no society shall be entitled 
 to any portion of such grant, which shall not raise annually by 
 private contribution, the sum of ten pounds at the least, and not 
 more than four societies shall receive any proportion of the grant 
 in any one county ; and in all cases where a central county society, 
 with a branch or branches in the county, shall be formed, and 
 approved of by the central board, the sum of fifty pounds shall be 
 given to such central society for distribution, for the purposes of 
 this chapter, in all cases where the sum of twenty pounds shall 
 have been raised by the central society and branch or branches 
 thereof jointly in manner before mentioned. 
 
 5. The sums so assigned and paid to the several societies shall 
 be applied and expended by them in the importation of live stock, 
 implements or seeds, in the ofiering of judicious premiums, or in 
 such other agricultural objects and uses as may from time to time 
 be recommended by the board, or in the absence of such recom- 
 mendation, as in the judgment of each society may be best adapted 
 to its local position and wants ; but no part of such sum shall be 
 applied in the expense of managing the societies. 
 
 6. Each one of the societies throughout the province shall ren- 
 der to the board on or before the thirty-first day of December in 
 every year, a full and exact account, verified by the oath of the 
 president or secretary, of the expenditure of the sum so assigned 
 and paid to such society out of the grant, as also of the amount 
 and appropriation of the funds contributed by or belonging to such 
 society, with a report of its proceedings for the past year ; and any 
 society which shall neglect or refuse to furnish such account and 
 report, unless excused by the board, shall not be entitled in any 
 year thereafter to receive any proportion of the grant. 
 
TITLE XXVII.] Chap. 97. Sect. 1—5. 287 
 
 TITLE XXVII. 
 
 OF CERTAIN MUNICIPAL REGULATIONS. 
 
 CHAPTER 97. 
 
 OE TRUSTEES OP PUBLIC PROPERTY. 
 
 Section 
 
 1. Trustees of public property appointed by 
 
 sessions ; record to be kept ; trustees a 
 body corporate. 
 
 2. Lands and property vested in trustees. 
 
 3. Lands to be leased subject to control of ses- 
 
 sions. 
 
 4. Leases limited to seven years. 
 
 5. Bye-laws, how made. 
 
 Section 
 
 6. Accounts of trustees to be rendered an- 
 
 nually. 
 
 7. Penalties and rents, how recovered. 
 
 8. Expenses of trustees to form a county 
 
 charge. 
 
 9. Lands and property exempted from the ope- 
 
 ration of this chapter. 
 
 1. The grand jury in each county or district shall recommend Trustees of puwio 
 six persons resident therein, out of whom the sessions shall appoint ^SlTby^s'es- 
 three to be trustees of public property ; and the sessions, upon the sions ; record to 
 
 ,. t* t i .^ *' ^ . Ji: i,e kept 5 trustees 
 
 recommendation ot the grand jury, may remove them or any ot a body corporate. 
 them, and vacancies shall be supplied by the grand jury recommen- 
 ding double the number of persons necessary to supply the same, 
 out of whom the sessions shall appoint the number required. The 
 clerk of the peace shall keep a record of such appointments, remo- 
 vals and vacancies, and the dates thereof. Such trustees shall be 
 a body corporote by the name of " the trustees of public property 
 for the county [or district] of ." 
 
 2. All lands granted, conveyed, reserved or dedicated, or which Lands and pro 
 may have been procured, or, for twenty years before the passing ^ifJJfeJs^^'^* '° 
 of this chapter, shall have been used for public purposes in the 
 
 county or district, whether for the site of any court house, jail, or 
 lock-up house, or for the public purposes of the county or district 
 generally, with the buildings and appurtenances thereon or thereto 
 belonging, and all lands and buildings hereafter procured or given 
 for the public purposes of the county or district generally, shall 
 vest in such trustees on their appointment for the public uses for 
 which the same may have been originally intended. 
 
 3. All such lands and buildings shall be leased and managed ^^sS subject to 
 by the trustees, under and subject to the control of the sessions. '=™'™' °' ^«''- 
 
 4. No lease shall be made hereunder for a longer period than i^ease's limited to 
 
 seven years. 
 
 seven years. 
 
 5. The trustees may make bye-laws for the better regulation Bye-iaws, how 
 of such lands and builcfings, and aflix penalties for breach thereof, 
 
288 
 
 Chap. 98. Sect. 1—2. 
 
 [PAKT I. 
 
 Accounts of trus- 
 tees to be ren- 
 dered annually. 
 
 Penalties and 
 rents, how re- 
 covered. 
 
 Expenses of 
 trustees to form 
 a county charge. 
 
 Lands and pro- 
 perty exempted 
 from the opera- 
 tion of this chap- 
 ter. 
 
 but no bye-law shall be in force until approved by the sessions and 
 filed with the clerk of the peace. 
 
 6. The trustees shall annually render their accounts in writing 
 to the sessions, to be by them audited, and when approved they 
 shall be filed by the clerk of the peace. 
 
 7. Penalties incurred under the bye-laws, and rents due to the 
 trustees, may be recovered by them in like manner as if they 
 were private debts due them ; and the trustees shall pay into the 
 county treasury all monies that they may receive hereunder. 
 
 8. The expenses of the trustees in the execution of the trust, 
 shall, when approved by the sessions, form a county charge. 
 
 9. Nothing herein contained shall afiect any place of divine 
 worship, burial ground, college, academy, school, or any land 
 thereto belongmg, or any land belonging to any religious congre- 
 gation or society, or any lands vested in the supervisors of pubhc 
 grounds, under chapter 68, or shall deprive any person of any 
 right lawfully acquired, nor shall any thing herein contained aiFect 
 any lands or buildings now vested in trustees, or the necessary 
 control of the sheriff over the court house and jail. 
 
 CHAPTER 98. 
 
 OF PUBLIC MARKETS. 
 
 Section 
 
 1. Existing public markets coniirmed ; sessions 
 
 may establish others. 
 
 2. Sessions to appoint officers, make bye- 
 
 Section 
 
 laws, and generally control the mar- 
 kets. 
 
 3. Rents and penalties, how applied. 
 
 4. Accounts to be rendered annually. 
 
 Existing public 
 miirkets confirm- 
 ed ; sessions may 
 establish others. 
 
 Sessions to ap- 
 point officers, 
 make bye-laws, 
 and generally 
 control the mar- 
 kets. 
 
 1. Pubhc markets where now by law established are confirmed, 
 and upon the recommendation of the grand jury, the sessions may 
 establish new pubhc markets, and may procure and fit up a market 
 house as directed in chapter 46. 
 
 2. The sessions may direct the days of the week and hours on 
 which pubhc markets shall be held, and may appoint keepers of the 
 market who shall also act as clerks thereof, and shall be sworn into 
 ofiice and have the powers of constables so far as regards keeping 
 order in the market, and shall be removable by the sessions. The 
 sessions shall also estabhsh the pay of such keepers and clerks, and 
 fix the rates of stalls or standings in the markets, and make bye- 
 laws for the regulation of markets and impose penalties for breaches 
 thereof, not exceeding ten shilhngs for every oiFence. The keepers 
 and clerks shall bring actions for such penalties in their own names, 
 and shall be competent witnesses to prove the offence. 
 
TITLE XXTII.] 
 
 Chap. 99. Sect. 1. 
 
 289 
 
 Rents anil penal- 
 ties, ho^v applied. 
 
 3. Tte rent of the stalls and standings in the markets, to- 
 gether with the whole amount of the penalties recovered under the 
 preceding section^ shall he applied under the direction of the ses- 
 sions to the repairs of the market house. 
 
 4. The keepers and clerks shall annually render their accounts Accounts to 
 in AYriting to the sessions, to he hy them audited^ and when ap- aiiy. 
 proved they shall be filed by the clerk of the peace. 
 
 CHAPTER 99. 
 
 OF FIRES AND FIEEWAKDS. 
 
 Section 
 
 1. Places to which the provisions of this chap- 
 
 ter extend. 
 
 2. Limits of towns and places defined. 
 
 3. Provisions of chapter, how carried out in 
 
 Halifax city, 
 ■i. Firewards how appointed ; to be sworn, and 
 
 have a staff as badge of oflBce. 
 5 Duty of firewarda on breaking out of fire j 
 
 their powei-s. 
 
 6. Buildings may be pulled down in certain 
 
 cases by proper order ; contribution ; da- 
 mages and mode of recovery. 
 
 7. Sessions to mean general or special sessions, 
 
 8. Fire-proof buildings not taxable under sixth 
 
 section ; other buildings partly fire-proof, 
 how taxed. 
 
 9. Fine for breaking open buildings without 
 
 proper authority. 
 
 10. Duty of firewards as regards fire imple- 
 
 ments. 
 
 11. Districts and implements to be numbered ; 
 
 provision for safety of implements. 
 
 12. Firemen, how appointed ; their duty. 
 
 13. A fireman duly appointed by the firewards 
 
 to have the power of a fireward. 
 
 14. Fire constables, how appointed ; their pow- 
 
 ers and duties. 
 
 15. Enginemen, how appointed ; their duties. 
 
 16. An engineman appointed by the firewards 
 
 to have the powers of a fireward. 
 
 17. Firemen and enginemen exempted from 
 
 certain public duties. 
 
 Section 
 
 18. Vacancies, how supplied. 
 
 19. Chimney sweepers, how appointed and li- 
 
 censed ; penalty for acting without li- 
 cense. 
 
 20. Chimney sweepers to give bonds ; penalty 
 
 for neglect of duty, &c. 
 
 21. Fines for enforcing regulations respecting 
 
 the sweeping of chimneys. 
 
 22. Power of firewards to enter into buildings 
 
 and make orders respecting dangerous 
 chimneys, &c. 
 
 23. Their power to remove dangerous combusti- 
 
 ble materials ; penalties incurred, how en- 
 forced. 
 
 24. Provisions respecting gunpowder ; penal- 
 
 ties and their enforcement. 
 
 25. Warrant to issue, and places broken open if 
 
 necessary to search for dangerous quanti- 
 ties of gunpowder ; proceedings there- 
 under. 
 
 26. Sessions empowered to make orders and 
 
 bye-laws relative to fires. 
 
 27. Fine for injmang public wells or pumps. 
 
 28. Chairman to be appointed annually by fire- 
 
 wards ; his of&ce and duties. 
 
 29. Application of penalties ; fire implements, 
 
 how provided and repaired ; expenses, 
 how levied and collected. 
 
 30. Definition of terms. 
 
 31. Chapter to be in immediate operation. 
 
 1. The provisions of this chapter shall extend to the city of piaces to which 
 Plalifax and the following towns, viz: Windsor, Bridgetownj Anna- thfstiwpter'ex-^ 
 polis, Digby, Yarmouth, Shelburne, Liverpool, Lunenburg, Ches- t^i^*!- 
 ter, Dartmouth, Pictou, New Glasgow, Antigonishe and Sydney, 
 Cape-Breton. 
 
 37 
 
290 Chap. 99. Sect. 2—6. [part i. 
 
 Limits of to™3 2. The extent of such towns, for the purposes of this chapter, 
 an ^j) aces e- ^j^^jj ^^ confined to the hmits within which the commissioners of 
 streets have jurisdiction, but may be altered by the sessions, and 
 the sessions may also divide the towns into different wards, and may 
 appoint such limits where there are no commissioners of streets. 
 Provisions of S, In Halifax appointments and other proceedings which, as 
 
 rSout iT^iiaii- respects other places, are hereinafter directed to be made and taken 
 fax- city. by the sessions, shall be made and taken by the city council, and 
 
 prosecutions, which in other places are directed to be instituted 
 before a justice of the peace, shall be instituted before the mayor's 
 court, or the mayor and one of the aldermen ; and penalties directed 
 to be recovered in the name of the firewards, may be recovered in 
 the name of the city ; and nothing herein contained shall affect any 
 powers conferred upon the city council by the acts respecting' the 
 incorporation of the city. 
 Fivewai-ds, how 4. The scssions shall annually appoint such number of the inha- 
 sl7om"ami'haYe a bitants of cvcry such town as may be deemed necessary to befire- 
 offlcc.'^ '''^^' °' wards, who shall be sworn to the faithful discharge of their duties, 
 and shall have a suitable staff assigned them as a badge of office. 
 On any re-appointment of such firewards, it shall not be necessary 
 that they should be again sworn into office. 
 Dutyofflrewai-ds ^- Upou the breaking out of a fire, the firewards, taking their 
 nnbreai<ingautof badgcs with thcm, shall forthwith repair to the spot and use their 
 ers.' utmost endeavours 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 danger 
 thereof, and 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 obe- 
 dience shall be yielded unto them for those services, and generally, 
 at such fires ; and for any disobedience of their orders, informa- 
 tion thereof shall, within ten days next thereafter, be given to a 
 justice of the peace, and the offender shall be liable to a penalty 
 not exceeding forty shillings, and if he shall not pay the same, 
 shall be imprisoned for a period not exceeding ten days. 
 Buildings may he 6. TJpon the occurrenco of a fire in Halifax four of the fire- 
 !?erto?no°™by "vvards, and in the absence of four firewards, three firewards, and 
 proper order ; jn all Other placcs two of the firewards, or in the absence of two 
 mages, and mode fircwards any fircward that is present with a justice, may direct 
 of recovery. ^^^ building to be pulled down, if in their judgment the doing so 
 will tend to prevent the further spreading of the fire, and if the 
 pulling down of such building shall have the effect of stopping the 
 fire, or the fire shall stop before it comes to the same, the owner 
 of such building shall receive payment therefor from the rest of 
 the inhabitants, whose houses have not been burnt, in manner fol- 
 lowing, viz : the owner of the building shall, as soon as may be, 
 make application to the sessions, who, if satisfied of the justice of 
 
TITLE XXVII.] Chap. 99. Sect. 7 — 10. 291 
 
 the claim, shall make an order for a valuation of the damages so 
 sustained, to be made by three indiiferent persons ; and such per- 
 sons shall be sworn before a justice of the peace to the faithful 
 discharge of their duties, and they or any two of them shall make 
 return of their proceedings to the sessions, whereupon the court 
 shall appoint two or more assessors, who shall tax the houses that 
 have not been burnt in such proportions as shall be deemed just 
 according to their value, for paying the damages sustained by the 
 owner of the building so pulled down, and also the charges for 
 valuation, taxation and collection, to be settled before the making 
 of the assessment; and the assessors shall also report their pro- 
 ceedings upon oath to the sessions and the court shall thereupon 
 issue an order for collecting the monies so assessed, and in case of 
 non-payment the same shall be levied by warrant of distress, to 
 be issued by the sessions upon application by the collectors ; and, 
 when the assessments are collected, the sessions shall order pay- 
 ment to be made to the claimant of his damages, according to the 
 approved report of the appraisers, and also the payment of the 
 charges hereinbefore mentioned : but, if the building pulled down 
 shall be the building where the fire began, or if any other building 
 shall be pulled down or be begun to be pulled doAvn which shall be 
 on fire at the time the orders are given for pulhng the same down, 
 or which shall take fire while such orders are being carried into 
 execution, the owner of such building shall not be entitled to any 
 compensation therefor. 
 
 7. The word "sessions" whenever used in the preceding sec- sessions to mean 
 
 , ,, . , T .,.■*• ^ general or special 
 
 tion, shall mean either a general or special sessions. sessions. 
 
 8. Buildings constructed of stone or brick and covered with Pire-proofbuiid- 
 
 I'li '11 ni IP • 11 ^°SS not taxable 
 
 incombustible materials shall be exempted from taxation under the unaer sixth sec- 
 sixth section, and such buildings when covered with combustible buildings partly 
 materials shall be liable to an assessment upon half the value fS!""^' ''°''' 
 thereof only. 
 
 9. No person shall, at a fire, break open any building or at- pine for jireawng 
 tempt to pull the same down, or order others so to do, unless orders Sout™proper 
 therefor shall have been first given by the owner of the building ^""'°"'y- 
 
 or as previously provided ; and any person violating this provision 
 shall for every offence forfeit a sum not exceeding five pounds. 
 
 10. The firewards shall from time to time report to the sessions Duty of Hrewarcis 
 what number of ladders, hooks, buckets, bags, chains, ropes, axes tapilments!'^ 
 and saws are required for service at fires, and the probable expense 
 
 thereof and of keeping the same in repair ; and the sessions shall 
 order such of them to be provided as they may deem necessary ; 
 but every fireward shall be at all times provided Avith 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, and where, on an alarm of fire, the inhabi- 
 tants of the district shall assemble and proceed, under the direction 
 
292 
 
 Chap. 99. Sect. 11—17. 
 
 [part I. 
 
 Disti'icts find im- 
 plements to be 
 numbered ; pro- 
 vision for safety 
 of implements. 
 
 Firemen, how ap- 
 pointed ; their 
 duty. 
 
 A fireman duly 
 appointed by the 
 fi rewards to have 
 the power of a 
 fireward. 
 
 Fire constables, 
 how appointed ; 
 their powers and 
 duties. 
 
 I^ngine men, how 
 a|)pointed j their 
 duties. 
 
 An en-rine man 
 appointed by the 
 firewards to liH\e 
 the powers of a 
 lireward. 
 
 Firemen and en- 
 ;,'ine men e.\- 
 einpted from cer- 
 tain public du- 
 ties. 
 
 of the firewards, with such of the implements as may be deemed 
 necessary, to the place of danger. 
 
 11. The district of which each fireward shall have charge shall 
 be numbered, and the implements in the last section mentioned 
 shall be marked with the number of the district to which they be- 
 long, 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 any of such implements shall be found 
 in the possession of any person, he shall forfeit a sum not excee- 
 ding forty shillings ; and any person who shall use such imple- 
 ments except at a fire or on an alarm thereof, shall forfeit a like 
 sum. 
 
 12. The sessions may appoint such number of firemen for each 
 town as they may deem necessary, who shall, under the firewards, 
 have the charge of the fire-implements hereinbefore mentioned, and 
 shall be obhged 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 de- 
 posit of such implements and bring the same to the place where the 
 fire shall have been discovered, and shall there dihgently use the 
 same, under the direction of the firewards, in such way as may be 
 deemed most useful for extinguishing the fire. 
 
 13. One of such firemen, to be appointed by the firewards, 
 shall have the power of a fireward in commanding assistance in 
 taking the fire-implements to or from any fire, and a like penalty 
 shall attach for disobedience of his orders as of those of a fireward. 
 
 14. The sessions may appoint so many fire constables as they 
 may deem necessary, not exceeding six for each district, who shall 
 be sworn into oflBce, 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 pre- 
 venting 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 duty, 
 he shall forfeit a sum not exceeding forty shillings. 
 
 15. The sessions may from time to time appoint such number 
 of engine men as may be deemed necessary, who shall take charge 
 of the fire engines, and shall keep the same in good order and fit 
 for service ; and upon an alarm of fire they shall repair with their 
 engines to the place where the fire shall have been discovered, and 
 work the same under the direction of the firewards. 
 
 16. One of the engine men, to be appointed by the firewards. 
 shall have the power of a fircAvard to command any necessary 
 assistance in taking the engines to and firom fires, and any person 
 refusing to obey his orders therein shall be liable to the same fine 
 as hereinbefore imposed for disobeying a fireward. 
 
 17. Firemen and engine men shall be exempted from the per- 
 formance of statute labor, except in respect of cattle and teams, 
 and from serving on juries, or in the office of constable ; and these 
 exemptions shall extend to persons who shall have actually served 
 
TITLE XXVII.] Chap. 99. Sect. 18—23. 293 
 
 as firemen or engine men for a period of sixteen years, and shall 
 have obtained a certificate of such service from the captain or lieu- 
 tenant of the company, countersigned by the secretary. 
 
 18. Upon any vacancy among the firemen or engine men, the vacancies, how 
 same shall be at once reported by the captain to the sessions, that ^"^p"'^''- 
 the vacancy may be supplied. 
 
 19. The firewards may nominate and license chimney sweep- chimney sweep- 
 ers, and if any person shall act in that capacity without being so af'anriiSld'i 
 licensed, he may, on a summary conviction thereof before a justice p™<'i'y f?r acting 
 of the peace, be imprisoned for a period not exceeding one month. 
 
 20. Licensed chimney sweepers shall enter into bonds with Chimney sweep- 
 two sureties, to be approved by the firewards, for performing their pena,°ty toi-''n°g-'*' 
 duties during the term for which they may be appointed, and for 'ectofduty, &c. 
 conforming to the regulations of the firewards in reference to the 
 sweeping of chimneys. And in case of neglect or refusal to per- 
 form their duties, or comply with such regulations, they shall for- 
 feit, for every offence, not less than five nor more than twenty 
 
 shillings, and if the penalty shall not be paid within ten days after 
 conviction, and no personal property whereon to levy can be found, 
 the offender may be imprisoned for a period not exceeding ten days, 
 or the bond may be put in suit for the payment of the penalty and 
 costs. 
 
 21. The firewards may make regulations respecting the times rinea for enfor- 
 and mode of sweeping chimneys, and if a fire shall happen in any respectog'^ti™'' 
 building or chimney so as to create alarm or to endanger the sweeping of chim- 
 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 hcensed sweeper, they 
 shall forfeit ten shillings, to be recovered in the name of any 
 fireward. And any fireward who shall be aware of the offence 
 and shall not prosecute for the penalty within five days thereafter, 
 shall forfeit five pounds. 
 
 22. Any two firewards may demand admittance into any bull- Power of flrc- 
 ding wherein they have reason to believe there is any dangerous kiiotaiidingsMd 
 chimney, stove, stove-pipe or funnel ; and if in their opinion the ^wcung' dligev- 
 same shall be dangerous, they shall order them to be altered or »"s chimneys,&c. 
 removed in such manner as they shall direct ; and if their direc- 
 tions shall not be complied with, the firewards shall cause such 
 
 removal or alteration to be made at the expense of the occupants of 
 the building ; and if any person shall refuse admittance to the fire- 
 wards while acting under this section, or shall not make the removal 
 or alteration by them directed, he shall forfeit a sum not exceeding 
 forty shilhngs, to be recovered, together with the expenses of re- 
 moval or alteration, in the name of the fireAvards, or any of them, 
 and in default of payment the offender may be imprisoned for a 
 period not exceeding ten days. 
 
 23. If any two firewards shall consider it proper to inspect the Their power to 
 placing or situation of any combustible materials, they may demand ou"combust!bie" 
 admittance into any building or place for that purpose, and if they msiteriais -, penai- 
 
294 Chap. 99. Sect. 24—28. [pakt i. 
 
 tiesincuvred.iiow shall deem the same dangerous, they shall direct the occupant of 
 enfovcod. ^-j^Q building or place to remove such materials or alter the placing 
 
 thereof, and if he shall neglect to obey them, they may make the 
 removal or alteration at his expense ; and if any person shall refuse 
 admission to the firewards while acting under this section, or shall 
 not carry out their orders, he shall forfeit forty shillings, in addi- 
 tion to the expense of carrying out the direction of the firevrards, 
 to be recovered in the name of the fire-wards, or of any of them ; 
 and if the penalty and expenses shall not be paid with costs, the 
 oil'endcr may be imprisoned for a period not exceeding ten days. 
 Piovisions le- 24. No pcrson shall keep at any one time in any one place 
 
 (krVpenames',"'" within the limits of the firewards, or in any vessel or boat, for more 
 men t'.*'""^ '^"'°""^' than twelve hours after she has reached any wharf within such 
 limits, more than twenty-five pounds of gunpowder ; and if any 
 person shall violate the provisions hereof he shall forfeit five shil- 
 lings 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 oficnce shall be committed. 
 Warrant to issue, 25. Any justico of thc peacB, upon complaint on oath by a 
 o"en''irneces°ary fircward, that he has reasonable cause to suspect that dangerous 
 ■"erourl'iuanti'ties quantities of guupowdcr are kept in any place contrary to the pro- 
 of gunpowder ; visions of the last section, may issue his warrant to search therefor 
 thereunder. 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. 
 Sessions empow- 26. The sossions may make regulations to prevent the occur- 
 (?ers amu'esuia- rcncc, increaso or spreading of fires within the towns in this chap- 
 uoas relative to ^qj. mentioned, 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 fire- 
 men, and may increase or diminish their numbers, and shall have 
 general powers for the due carrying out of the provisions of this 
 chapter, and may afiSx penalties for breach of any such regulations, 
 not exceeding forty shillings. 
 Fine for injuring 27. If any person shall wilfully destroy or iniure any public 
 
 puhlio wells or ,, j2 i • _e ■ i , 
 
 pumps. well or pump, or fare plug, or any engine or fare implements, 
 
 within the limits to which this chapter extends, he shall forfeit five 
 pounds ; and in defiiult of payment, and no effects being found 
 whereon to levy, may be imprisoned for not more than ten days. 
 cii;iirman to be 28. The firowards shall annually appoint a chairman who shall 
 aiirby'flrewanih; ^^^ ^^ trcasurcr of the board, and shall submit his accounts annu- 
 his otaco and du- ally to tho fircwards to be audited and signed by them and submit- 
 ted to the sessions for examination and approval. 
 
TITLE xsvii.] Chap. 100. Sect. 1—3. 295 
 
 29. All penalties recovered hereunder shall be applied under Appiiciuion ot 
 the direction of the sessions towards the purchasing and keeping impiL-menls, how 
 in repair engines and fire implements, and the sinking and keeping paire'|i|'''ex1"nse5^ 
 in repair of pumps and wells, and generally in carrying out the j!°,7j,47a"' "'"^ 
 objects of this chapter, and the sessions may at any time direct 
 
 new engines and fire implements to be procured for any town 
 herein mentioned which may be within their jurisdiction, and new 
 wells to be sunk and pumps placed therein; and the expenses 
 thereof and of keeping them or those already in use in repair, and 
 all such further sums as may be requisite for the purposes of this 
 chapter, shall be assessed, levied and collected within the hmits of 
 the town where the expense shall be incurred, in the same manner 
 as poor rates are assessed, levied and collected, and shall be paid 
 over to the county treasurer, to be applied under the direction of 
 the sessions for the purposes contemplated. 
 
 30. The word " Firewards " when used in this chapter, shall Definition of 
 include one or more of them, unless otherwise expressed or repug- 
 nant to the context. 
 
 31. This chapter shall come into operation on the passing of cimpter to be in 
 
 T . ■*■ ^ A o numeuiate upera- 
 
 thlS act. tion. 
 
 CHAPTER 100. 
 
 OP THE DISCHARGE OF FIKE-AEMS AND FIEE-WOKKS. 
 
 Section 
 
 1. Fine for unnecessary discharge of fire- 
 
 arms. 
 
 2. Fine for improperly tlu-owing fire-works into 
 
 Section 
 
 certain places, or improperly making bon- 
 fires. 
 3. Prosecutions to be within eight days. 
 
 1. If any person shall unnecessarily discharge any fire-arms Pine for unneces; 
 within the city of Hahfax or within any town, or within one hun- m-Mms!""''''^ °' 
 dred yards of any person riding or driving, he shall for every 
 
 ofience forfeit ten shilhngs on summary conviction before a justice 
 of the peace, and in default of payment shall be imprisoned for 
 twenty-four hours. 
 
 2. If any person shall wantonly throw any fire- works, or per- Kne for impro- 
 mit the same to be thrown, into any street, thoroughfare or passage, fl?e-works°™o 
 or into any building, or shall make any bon-fire within one hundred topvJJe^iTma-"' 
 yards of any building, he shall for every offence forfeit forty shil- ^'"^e bonfires. 
 lings, and in default of payment shall be imprisoned for a period 
 
 not exceeding fourteen days. 
 
 3. Prosecutions under this chapter must be commenced within Prosecutions to 
 eight days after the offence committed. H;T^ ''°''' 
 
296 
 
 Chap. 101. Sect. 1—8. Chap. 102. Sect. 1. [pakt i. 
 
 CHAPTER 101. 
 
 OP THE TKANSPORTATION OF GUNPOWDER. 
 
 Section 
 
 1. Of the conveyance of gunpowder by land. 
 
 2. Protection where more than fifty pounds in 
 
 one cart. 
 
 3. Carts not to stop within twenty rods of a 
 
 dwelling house. 
 
 4. Metallic substances not to be placed on a 
 
 cart laden with powder. 
 
 Section 
 
 5. Quantities over fifty pounds weight, how 
 
 secured for carriage. 
 
 6. Quantities over twenty-five pounds, how 
 
 secured for carriage. 
 
 7. Forfeitures for offences. 
 
 8. Carriage of gunpowder for her majesty's 
 
 seiTice not to be affected by this chapter. 
 
 Of the conveyance 
 of gunpowder by 
 land. 
 
 Protection where 
 more than fifty 
 pounds in one 
 cart. 
 
 Caits not to stop 
 within twenty 
 rods of a dwelling 
 house. 
 
 Metallic substan- 
 ces not to be 
 placed on a cart 
 laden with pow- 
 der. 
 
 Quantities over 
 fifty pounds 
 weight, how se- 
 cui-ed for car- 
 riage. 
 
 Quantities over 
 twenty-five 
 pounds, how se- 
 cured for car- 
 riage. 
 
 Forfeitures for 
 offences. 
 
 Can-iage of gun- 
 powder for her 
 majesty's sei-vice 
 not to be affected 
 by this chapter. 
 
 1. No person stall convey by land more than one thousand 
 pounds of gunpowder at one time. 
 
 2. More than fifty pounds of gunpowder shall not be 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. 
 
 3. No carriage conveying gunpowder shall be stopped less than 
 twenty rods from any dwelling house. 
 
 4. No iron, steel, or metallic substance, other than copper 
 hoops on the casks, shall be placed on any carriage, together with 
 any quantity of gunpowder exceeding fifty pounds. 
 
 5. No gunpowder exceeding fifty pounds shall be placed in any 
 carriage but in barrels, half-barrels, or quarter barrels, tight and 
 well hooped with wood or copper hoops. 
 
 6. No more than twenty-five pounds of gunpowder shall be 
 carried from one place to another, unless the package shall be well 
 hooped and sufficiently wrapped with woollen or hair cloth. 
 
 7. If any person shall offend against the provisions of this 
 chapter, he shall forfeit for every offence a sum not exceeding 
 twenty pounds. 
 
 8. Nothing in this chapter contained shall affect the caiTiage of 
 gunpowder for her majesty's service. 
 
 CHAPTER 102. 
 
 OF BURNING WOODS AND MARSHES. 
 
 Section 
 1. Sessions to make regulations for burning 
 
 woods, marshes, &c. 
 'J. Limitation of prosecutions. 
 
 Section 
 3. Imprisonment ou conviction for want of 
 goods. 
 
 Sessions to make 
 regulations for 
 
 1. The sessions shall make regulations for preventing damage 
 by setting fire to and burning woods, under-brush or marsh lands 
 
TITLE XXVII.] Chap. 103. Sect. 1—2. 
 
 297 
 
 at unseasonable times, and shall affix penalties for breach thereof burning woods, 
 &ot exceeding five pounds. ""''''''' *''• 
 
 2. Prosecutions under this chapter must be commenced within Limitation of 
 three months after the offence committed. proBecutions. 
 
 3. If any person convicted under this chapter shall not pay imprisonment c 
 the penalty and costs, and shall have no goods whereon a levy can ^^nt o" gooS^ 
 be made, he may be imprisoned for a term not exceeding one day 
 
 for every five shillings of the amount of the judgment unless the 
 same shall be sooner paid. 
 
 CHAPTER 103. 
 
 OF THE CONVEYING OP TIMBER AND LUMBER ON RIVERS, AND THE 
 REMOVAL OE OBSTRUCTIONS THEREFROM. 
 
 Section 
 
 1. CommiSBloners, how appointed ; their juris- 
 
 diction, how defined. 
 
 2. Powers of commissioners. 
 
 3. Connniasioners may borrow money. 
 
 4. Tolls to be established ; their application. 
 
 5. Accounts to be submitted annually and 
 
 audited by the sessions. 
 
 Section 
 
 6. Operation of chapter restricted. 
 
 7. Sessions empowered to make regulations. 
 
 8. Logs, timber, and lumber may be brought 
 
 down rivers under regulations. 
 
 9. Definition of the word river. 
 
 1. Upon the written application of twenty fi-eeholders resident commissioners, 
 in the locality of any river, or owning lands thereon or interested ^heirTurisdicUon 
 in rafting and driving logs, timber, and lumber, or conveying wood how defined. 
 or other articles down such river, setting forth their desire that 
 commissioners should be appointed for clearing and removing ob- 
 structions from such river, which application shall be first read at 
 
 the sessions and approved of by the grand jury and sessions, who 
 shall, in such cases, estabhsh the points in the river between which 
 the powers of the commissioners shall be limited, the clerk of 
 the peace shall return such application into the provincial secre- 
 tary's office with a certificate of such approval and the limits so 
 established, and thereupon the governor in council may appoint 
 three or five commissioners for the purposes of the five succeeding 
 sections of this chapter. 
 
 2. The commissioners may remove from the river all obstruc- 
 tions within the limits of their authority, and may erect wing-dams 
 at such places and in such manner as they shall see fit, and do all 
 other acts necessary to facihtate the passage of logs, timber, lum- 
 ber, wood, and other articles down the river, and for that purpose 
 may enter upon pubUc or private lands doing no unnecessary 
 damage. 
 
 38 
 
 Powers of com- 
 missioners. 
 
298 
 
 Chap. 103. Sect. 8—9. 
 
 [part I. 
 
 Commissioners 
 may borrow mo- 
 ney. 
 
 Tolls to be esta- 
 blished, their ap- 
 plication- 
 
 Accounts to be 
 submitted annu- 
 ally and audited 
 by the sessions. 
 
 Operation of 
 cliapter re- 
 stricted. 
 
 Sessions empow- 
 ered to make re- 
 gulations. 
 
 Logs, timber, and 
 lumber may be 
 brought down 
 rivers under regu- 
 lations. 
 
 Definition of the 
 word river. 
 
 3. The commissioners may borrow upon their own credit or 
 upon the credit of the tolls arising as hereinafter mentioned such 
 sums of money not exceeding one thousand pounds in the whole, 
 as may be necessary for the purposes of their appointment. 
 
 4. When the undertaking is completed the commissioners may 
 collect a toll of such amount, and in such manner, and under such 
 regulations for enforcing payment thereof as the sessions may from 
 time to time direct upon logs, timber, lumber, wood, and other 
 articles brought down the river within their jurisdiction, and shall 
 apply the tolls to the payment of the amount borrowed with in- 
 terest, but no toll shall be levied after the amount is liquidated. 
 
 5. The commissioners shall annually submit an account of 
 their expenditure and proceedings, and of the tolls collected to the 
 sessions for audit, and when approved it shall be filed by the clerk 
 of the peace. 
 
 6. Nothing herein contained shall be construed to sanction any 
 claim on the provincial revenue in respect of the monies so bor- 
 rowed, or to authorize any interference with the navigation or 
 fisheries of the river, farther than may be absolutely necessary 
 for the purposes contemplated, or to injure or affect private righte 
 further than as expressly provided. 
 
 7. The sessions shall, when found necessary, make regulations 
 respecting the bringing down of logs, timber, and lumber on 
 rivers, and the seasons of the year at which the same shall be 
 brought down and the removal of obstructions thereto, and also as 
 to the placing and upholding of booms with the consent of the 
 owners of the soil on either side of the river, and the times of 
 continuing such booms, and for preventing the booms from ob- 
 structing the navigation of the river, and may fix the rates of 
 boomage that shall be paid to the owners of the booms on articles 
 secured thereby, and the manner in which such boomage shall be 
 collected and applied, whether for the repair of the booms or the 
 use of the owners thereof; and also as to the taking of articles 
 from one boom to another, and may appoint persons to take charge 
 of the booms and collect such monies as may be due under such 
 regulations, and may impose penalties for breach of such regula- 
 tions, of not less than five nor more than forty shillings ; but 
 nothing herein contained shall authorize the removal of any mill- 
 dam. 
 
 8. Persons may bring logs, timber and lumber down rivers, in 
 reference to which such regulations have been 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. 
 
 9. The word " river " when used in this chapter shall include 
 streams running into any river. 
 
TITLE XXVII.] Chap. 104. Sect. 1—2. 299 
 
 CHAPTER 104. 
 
 OP MADMEN AND VAGKANTg. 
 
 Section 
 1. Madmen may be apprehended and sent to 
 the place of their last settlement ; ex- 
 penses, how provided for. 
 
 Section 
 2. Common vagrants, who shall be deemed 
 such, how punished. 
 
 1. Any madman may be apprehended under warrant from two Madmen may be 
 justices of the peace, and if his legal settlement shall be in any Sto te'^pia^ce* 
 place within the county, he shall be secured within the same, and y^^^nt .'ex- ^'^' 
 there, if necessary, chained ; and if such settlement be not within penses, how pro- 
 the county, 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 county 
 to which he shall be so removed ; and the charges of removing, 
 maintaining, and curing such person during his restraint, being 
 first proved on oath before two justices, shall be paid out of the pro- 
 ceeds of the personal property, or the rents of the real estate of 
 such person, if any he have over what will maintain his family, 
 and which property or rents may for that purpose be seized and 
 sold by the overseers of the poor of the place of such person's last 
 legal settlement, under a warrant from two justices ; and if such 
 person hath not any property or rents applicable therefor, then 
 such expenses shall be borne by the inhabitants of the district 
 within which such person shall have his last legal settlement, in 
 the same manner as if he were a pauper chargeable to such dis- 
 trict. 
 
 2. Persons who unlawfiilly return to any place whence they common va- 
 have been legally removed as paupers, and idle and wandering fj;^aeem^a°such" 
 persons having no visible means of subsistence, and persons going how punished. ' 
 about to beg alms, shall severally be deemed common vagrants, and 
 
 may be brought up and summarily convicted by a justice of the 
 peace, and thereupon imprisoned for not more than one month. 
 
 CHAPTER 105. 
 
 OF PUBLIC EXHIBITIONS. 
 
 Section 
 
 1. Licenses for public exhibitions, bow ob- 
 
 tained. 
 
 2. Mode of proceeding where clerk of license 
 
 absent or living beyond a certain distance. 
 
 3. Fees on granting license. 
 
 Section 
 
 4. Fine for exhibitions without license, and 
 
 how recovered. 
 
 5. Clerk of the peace's duty in relation to fines 
 
 collected. 
 
 6. City of Halifax excepted from this chapteh 
 
300 
 
 Chap. 106. Sect. 1. 
 
 [PAKT I. 
 
 Licenses for pub- 
 lic exhibitions, 
 how obtained. 
 
 Mode of proceed- 
 ing where clerk 
 of license absent 
 or living beyond 
 a certain dis-^ 
 tance. 
 
 Fees on granting 
 license. 
 
 Fine for exhibi- 
 tions without 
 license, and how 
 recovered. 
 
 Clerk of the 
 peace's duty in 
 relation to fines 
 collected. 
 
 City of Halifax 
 excepted from 
 this chapter. 
 
 1. The clerk of the licenses, with the consent of two justices 
 of the peace, shall grant a license to any person applying, for hold- 
 ing any show, play, or public exhibition, upon such person paying 
 the sum of twenty-five shillings for every day for which the license 
 is granted, to be therein expressed, which license shall not be ope- 
 rative out of the county where granted. 
 
 2. If the clerk of the licenses shall be absent, or shall reside 
 more than five miles from the place where it shall be 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 grant- 
 ing the license, make return thereof to the clerk of the licenses, 
 and at the same time pay over the amount of duties received 
 therefor. 
 
 3. The clerk of the licenses or justices granting any such 
 license shall be entitled to receive therefor a fee of two shillings 
 and six pence. 
 
 4. If any person shall hold any show, play, or public exhibi- 
 tion without previously obtaining a license, he shall forfeit five 
 pounds for every day the same shall be held, to be recovered in a 
 summary manner before two justices of the peace, and to be by 
 them, within thirty days after receipt, paid over to the clerk of the 
 licenses. 
 
 5. The clerk of the hcenses shall, within ten days before every 
 sittings of the sessions, pay over to the county treasurer for county 
 purposes all duties and penalties by him received under this chap- 
 ter. 
 
 6. The provisions of this chapter shall not extend to the city 
 of Hahfax. 
 
 CHAPTER 106. 
 
 OF STRAY HORSSS AND CATTLE. 
 
 Section 
 
 1. Stray cattle, &c., how to be dealt With. 
 
 2. Town clerk's duty and fees." ' 
 
 3. Proceedings where no claimant appears 
 
 after due notice. 
 
 4. Application of proceeds of sale. 
 
 SECTiort 
 
 5. Fees payable where property claimed before 
 
 sale. 
 
 6. Disputes as to ownership or expenses how 
 
 settled. 
 
 7. Finfes for detaining cattle, &c., and not pro- 
 
 ceeding as in this chapter directed. 
 
 Stray cattle, &c. 
 how to be dealt 
 with. 
 
 1. Whenever any horses or pattle, or any swine or sheep shall 
 stray into the yard, barn, or enclosure of any person, he shall de- 
 tain the same, and if not claimed within twenty-four hours, he shall 
 forthwith thereafter transmit to the town clerk of the township, or 
 
TITLE XXVII.] Chap. 106. Sect. 2—7. 301 
 
 if the place be not within any 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 de- 
 tained. 
 
 2. The town clerk shall file the description and notice, and ^"^^"'f'^'^''^'^ 
 post up a copy thereof in his office for at least ten days after he has 
 
 received the same, for which services he shall be entitled to a fee 
 of one shilling for every animal. 
 
 3. If no person shall claim the animals within ten days after Proceedings 
 
 , ,. -^,1 iij!i ij. • I.- a i\. where no claimant 
 
 such notice posted up, the finder may apply to a justice oi the appears after due 
 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 pubhc 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 be- 
 fore the first day of May, the constable shall not proceed to sell 
 until after the thirty-first of October. 
 
 4. After deducting from the proceeds of sale five per cent, for Application of 
 the 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 thereof, unless claimed by the owner of the animals within 
 twelve months after sale, in which case it shall be paid to the 
 owner. 
 
 5. If the owner shall claim his property before sale, he shall Fees payable 
 be bound to pay the finder his reasonable expenses of keeping, and dafmedbSore'^ 
 also the town clerk's fee, and if advertised the reasonable expense =^'^- 
 thereof 
 
 6. If any question shall arise between the owner or overseers Dispute as to 
 of the poor,, and the finder, either respecting ownership or expenses pensTshoVset^" 
 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. 
 
 7. If any person who may have detained any such stray ani- Knes for detain- 
 mal, shall not, within a reasonable tiniej transmit the description Lndnotprocee- 
 and notice to the town clerk as hereinbefore directed, he shall for- ^halter dire'cted. 
 feit for every horse or head of cattle not more than forty shillings, 
 
 and for every hog or sheep not more than twenty shillings. 
 
302 Chap. 107. Sect. 1—2. Chap. 108. Sect. 1—2. [part i. 
 
 CHAPTER 107. 
 
 OF THE GOING AT LARGE OF INFECTED CATTLE AND OF DOGS, 
 AND VICIOUS ANIMALS AND GEESE. 
 
 Section ISection 
 
 1. Sessions shall make regulations respecting! 2. Imprisonment for want of goods to pay fine, 
 infected cattle, dogs, geese, &c. * 
 
 Sessions shall ] . The sessions shall make regulations for preventing the going 
 
 make regulations ^ n • n ii ii -i i i* ?t 
 
 respecting infec- at large 01 mtected horses and cattle, and the spreading oi dis- 
 geesef&c!' °^' tempers among them ; and also as to the going at large of dogs 
 and of vicious animals, and of geese ; and shall affix penalties for 
 breach of any such regulations, which penalties shall not exceed, 
 as respects horses and cattle, five pounds, and as respects dogs 
 and geese, twenty shillings. 
 Imprisonment for 2. If judgment be given for any such penalty and the defen- 
 pay flne.^°° * dant shall not pay the same, and shall not have goods whereon 
 the same may be levied, he may be imprisoned for a period not ex- 
 ceeding one day for every five shillings of the penalty. 
 
 CHAPTER 108. 
 
 OF THE GATHEEINQ OF SEA MANURE. 
 
 Sectios 
 1. Sessions may make regulations respecting 
 sea manure. 
 
 Section 
 2. Private rights not affected. 
 
 Sessions may 1. The sessious may make regulations with regard to the col- 
 
 make regulations i.. ^ l t • p i.i ii* i 
 
 respecting sea Iccting and taking away oi sea manure which may be driven by 
 
 manure. 
 
 the sea and lodged upon the shores and beaches ; and if any person 
 shall transgress such regulations he shall, for every ofience, forfeit 
 a sum not exceeding forty shillings. 
 Private rights not 2. Nothing in this chapter contained shall extend to take away 
 or abridge any private rights or interests on any of such shores or 
 beaches. 
 
TITLE XXVII.] Chap. 109. Sect. 1—2. Chap. 110. Sect. 1—2. 303 
 
 CHAPTER 109. 
 
 OF COASTING ON HIGHWAYS. 
 
 Section 
 1. Sessions may make regulations respecting 
 coasting. 
 
 Section 
 2. Parents and masters responsible for penal- 
 ties. 
 
 1. The sessions may make regulations for preventing persons sessions may 
 from coasting, skating, or sliding on the snow or ice down the hills respectufg^coMt-* 
 on highways or streets ; and impose a penalty not exceeding five '°e- 
 shillings for breach of such regulations. 
 
 2. The parents of minors and the masters of apprentices, who Parents and mas- 
 shall transgress any such regulation, shall be hable for the penalty foiVenaS!''^ 
 therefor. 
 
 CHAPTER 110. 
 
 OF ROADS OVER THE ICE. 
 
 Section 
 1. Sessions may make regulations respecting 
 tracks and roads over the ice. 
 
 Section 
 2. Expenses to form a county charge. 
 
 1. The sessions may make regulations for ascertaining the sessions may 
 safest track for roads over the ice on harbors, rivers, creeks, lakes, ™'^'"' reg^iftions 
 
 ,., . , J , ^ ,' ,' respecting tracks 
 
 or bogs, and tor puttmg down or continuing bushes or other marks and roads over 
 for defining the course of such roads, and to prevent the removal 
 or destruction of such bushes or other marks, and may afiix a pe- 
 nalty for breach of any such regulations not exceeding twenty shil- 
 lings for each oflence, which shall be apphed, one half to the per- 
 son suing, and the other half for county purposes. 
 
 2. The expenses incurred in putting down, continuing, repair- Expenses to form 
 ing and protecting such marks, shall form a county charge. a county charge. 
 
304 Chap. 111. Sect. 1—2. [paet ii. 
 
 PART II. 
 
 OF THE ACQUISITION, TRANSMISSION, AND ENJOYMENT OF PRO- 
 PERTY, REAL AND PERSONAL, THE DOMESTIC RELATIONS, 
 AND OTHER MATTERS CONNECTED WITH 
 PRIVATE RIGHTS. 
 
 TITLE XXVm. 
 
 OF REAL PROPERTY AND THE ALIENATION THEREOF. 
 
 CHAPTER 111. 
 
 OF DEEDS BY MARRIED WOMEN. 
 
 Section 
 
 1. Deeds by married women, how executed. 
 
 2. Deeds how executed abroad. 
 
 Section 
 3. Acknowledgments, certificates, and powers 
 of attorney, mentioned in preceding sec- 
 tions, to be registered. 
 
 Deeds by married 1. All deeds executed Under power of attorney or otherwise, 
 cute'™ ''"" '''^" made by a married woman jointly with her husband, or concurred 
 in by a separate conveyance executed by him, of estates to which 
 she is entitled or may have any present or future interest, whether 
 in her own right or by way of dower or otherwise, shall have the 
 same effect as if made by an unmarried woman, if such power of 
 attorney or deed be acknowledged by such married woman before 
 a judge of the supreme court or a justice of the peace, as her free 
 act and deed, and to have been executed without compulsion by 
 her husband, or to that effect, which acknowledgment shall 
 thereupon be certified by such judge or justice in writing, upon 
 such power of attorney or deed. 
 Deeds how execu- 2. If such married woman reside without this province, such 
 t„,i .V,™,. acknowledgment may be taken before the mayor of any city or a 
 
 judge of any court of record residing at or near the place where 
 such married woman may be, and shall be certified in writing on 
 the power of attorney or deed by such mayor or judge, and his 
 
 ted abroad. 
 
TITLE XXVIII.] Chap. 112. Sect. 1. 305 
 
 certificate shall be authenticated under the hand and seal of a 
 notary public. If such married woman reside in a foreign country, 
 such acknowledgment may be taken before any pubhc minister, 
 ambassador or consul from the court of Great Britain or vice con- 
 sul there residing, and shall be certified on the power of attorney 
 or deed under the hand and seal of such public functionary. 
 
 3. Every such acknowledgment and certificate shall be regis- Acknowiedg- 
 
 •^ n ^ ^ meiits,certificates 
 
 tered with the power ot attorney or deed. and powers o< 
 
 attorney, men- 
 tioned in pre- 
 ceding sections, 
 to be registered. 
 
 CHAPTER 112. 
 
 OF ESTATES TAIL. 
 Section 1. Estates tail abolished. 
 
 1. All estates-tail are abolislied and every estate which "would ^ , ^ , ., , 
 
 1*1 1 1 Til n -11111 r^ 1 Til Estates tail abo- 
 
 nitherto nave been adjudged a lee-tailj shall herealter be adjudged Hshea. 
 a fee-simplej and if no valid remainder be limited thereon, shall be 
 a fee-simple absolute, and may be conveyed or devised by the 
 tenant in tail, or otherwise shall descend to his heirs as a fee- 
 simple. 
 
 CHAPTER 113. 
 
 OF THE REGISTRY OF DEEDS AND INCUMBRANCES AFFECTING 
 LANDS. 
 
 Section Section 
 
 1. Registrars of deeds, how appointed J depu- 10. Oaths administered by registrars, judges, or 
 
 ties, how appointed in certain cases. 
 
 2. Eire-proof safes to be provided. 
 
 3. Bonds to be given. 
 
 4. Books of registry, how provided ; their 
 
 kind and quality. 
 
 5. Double indexes of the books of registry to 
 
 be kept. 
 
 6. Double indexes of books of entry to be kept. 
 
 7. Deeds, &c. to be recorded where the lands 
 
 Ue. 
 
 8. Deeds to be copied so as to be transcripts j 
 
 justices of the peace ; certificate to shew 
 the date. 
 
 11. Deeds how proved where subscribing wit- 
 ness dead or absent. 
 
 12. Deeds how proved out of the province. 
 
 13. Deeds, &c. duly proved and lodged for re- 
 gistry held registered from the time of be- 
 ing lodged. 
 
 14. W^hen a deed is executed under a power of 
 attorney the power must be registered. 
 
 15. A subpoena may issue to compel the atten- 
 plans to be entered in the books. ! dance of a witness on the production of a 
 
 9. Deeds how proved within the province. | deed for proof and registry. 
 
 39 
 
306 Chap. 113. Sect. 1—8. [part n. 
 
 fcECTIO!* 
 
 10, Certificates of registry to be received in evi- 
 dence. 
 
 17. Deeds to liave priority from tlie date of re- 
 
 gisti-y. 
 
 18. Mortgages, &c. siiall not l3e taclted. 
 
 19. Mortgages liow released. 
 
 20. .Tudgments to bind lands from date of regis- 
 
 try. 
 
 Section 
 
 21. Dockets of judgment, tlieir contents, how 
 
 registered. 
 
 22. "Writs of attaclutnent, lands how Vjound 
 
 thereby, how registered. 
 
 23. Judgments and attachments, how dischar- 
 
 ged. 
 
 24. Leases for more than three years to be re- 
 
 corded, and a reasonable rent to be reser- 
 ved. 
 
 Eegistrai-s of 1- The govemor in council may appoint a registrar of deeds for 
 
 ''dnted''°deTties evcrj countj in the province, and for every district in which such 
 
 how appointed in appointments are now made. In case of the contemplated absence 
 
 from the county of the registrar, or in case of his illness, he may, 
 
 with the approbation of the governor and council, appoint a deputy, 
 
 who may perform all the duties of the registrar during such absence 
 
 or illness, and for all his acts the registrar and his sureties shall be 
 
 responsible. 
 
 Fire-proof safes to 2 Fire proof safes shall be provided in the several counties and 
 
 be provided. districts for the preservation of the records, books, and papers of 
 
 the registry. 
 
 Bi.iidstobegiven. 3. No registrar shall enter upon the duties of his office until he 
 
 shall have given bond to her majesty, with such sureties, and to 
 
 such amount, aud in such form as the governor in council may 
 
 direct, for the faithful performance of the duties of his office, and 
 
 the indemnifying of all parties who may be injured by his default 
 
 or misconduct, nor until he shall have satisfied the governor in 
 
 council that he has provided a suitable place for the custody of all 
 
 deeds, papers, and books of registry, which may come to his charge 
 
 or keeping. 
 
 Bookiof registry 4. Evcry registrar shall furnish well bound books, of a kind to 
 
 thelr'kind and ^^ approved of by the governor in council, as suitable for the re- 
 
 fiLiiiiity. gistry of deeds and incumbrances affecting lands, and in which 
 
 books such incumbrances and deeds shall be registered. 
 Double indexes of •'3. A doublc indox to the books of registry shall be made and 
 t?y tobe'kept.^'^" kept by every registrar, including, in the case of deeds, the names 
 of all the grantors and grantees; and in the case of judgments and 
 attachments, the names of all the plaintiffs and defendants. 
 Double indexes of 0. A doublc index shall be made and kept in like manner by 
 be°k"[,t'.^ '"'"■*' '" every registrar of all deeds proved and lodged in his office, and of 
 all dockets of judgments and attachments lodged therein, in which 
 every deed shall be entered so soon as it is proved and lodged, and 
 every docket of judgment or attachment when lodged. 
 Deeds, &c. to be 7. All decds, judgments and attachments, affecting lands, shall 
 the°ia'nds\ie^'° bo registered in the office of the county or district in which the 
 
 lands lie. 
 Deeds to be copied 8. All dccds shall bc copiod into the books of registry, so as to 
 la-ipta'-, vtans'i'o be, as near as possible, transcripts of the original, and copies of 
 booTs.^""' '" """ ^''^J plaiis or schedules annexed shall likewise be entered in the 
 books. 
 
TITLE XXVIII.] Chap. 113. Sect. 9—15. 307 
 
 n. Deeds within the province may be proved, first, upon the ^^fty^'X"™"*"* 
 oath of one of the subscribing witnesses to the due execution vmce. 
 thereof by the parties executing the same, or, secondly, upon the 
 personal acknowledgment by the parties, under oath, of the due 
 execution thereof 
 
 10. Such oaths may be administered by the registrar of the oaths administer- 
 county or district, and shall be so certified upon the deed ; or they Judged, on'ustices 
 may be administered by a judge of the supreme court, or a justice u ficftetrsilew' 
 of the peace, or by any other registrar, who shaU sign a certificate "le ante. 
 threof, declaring the date of the attestation on the deed, and the 
 
 same shall be registered thereupon along with such certificate. 
 
 11. In case all the subscribing witnesses to the execution of a Deeds iww proved 
 deed by all or any of the parties thereto, shall be dead or absent witn^rdead o"^ 
 from the province, the registrar shall register the deed upon sufii- ^''^™'' 
 
 cient proof of such death or absence, and of the hand writing of 
 any one of the subscribing witnesses thereto, to be made before 
 him or any other registrar, or a judge of the supreme court upon 
 oath, such oath to be endorsed upon the deed or annexed thereto 
 and registered therewith. 
 
 12. Deeds may be proved out of the province by the oath of needs low proved 
 a subscribing witness, or the acknowledgment of the parties under vince. ^^ '"" 
 oath as in the ninth section, such oaths to be administered by a 
 
 judge of any court of record, by the mayor of any city, by a jus- 
 tice of the peace, or by a notary pubhc, residing respectively at 
 or near the place where the deed is proved, and the attestation 
 with the date to be certified under the seal of a court of record, or 
 of a city, or under the hand and seal of a notary public ; and 
 where a deed is proved in a foreign country, the oath may be ad- 
 ministered 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. 
 
 13. Where a deed shall have been duly proved and lodged, or Deeds, &c. duiy 
 the docket of a judgment or the copy of a writ of attachment with p™™'J '^^f^^^^y 
 the description and appraisement duly lodged as above, for regis- heu registered 
 
 »/ o f CD from the time of 
 
 try, the time when the same shall have been so proved or lodged, being 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. 
 
 14. The registry of a deed executed by virtue of a power of -wben a deed is 
 attorney shall not be vahd unless such power or a deed subse- p™e"'^„f a™omey 
 quently confirming the authority given thereby, shall be registered '•>« p";^'''' '™st 
 in the ofiice of the county or district where the lands lie. 
 
 15. Process of subpoena may be issued out of the supreme Asubposnamay 
 court as in ordinary cases, and with the necessary variation in the"att°nd°mce ot 
 form, to compel the attendance of any witness to, or the produc- a witness in the 
 tion of any deed for proof thereof, that the same be registered ; dee'itorproofand 
 and the court or a judge shall have the like power to punish any "^'^b'^''^- 
 disobedience to such subpoena in the same manner and to the same 
 
308 
 
 Chap. 103. Sect. 16—24. 
 
 [part n. 
 
 Certificates of re- 
 jristry to be recei- 
 ved in evidence. 
 
 Deeds to have pri- 
 ority from the 
 date of registry. 
 
 Mortgages, &c. 
 shall not be 
 tacked. 
 
 Mortgagee how 
 released. 
 
 .Tudgments to 
 bind lands from 
 date of registry. 
 
 Dockets of judg- 
 ment, their con- 
 tents how regis- 
 tered. 
 
 AVnts of attaxjh- 
 raent ; lands how 
 bound thereby, 
 how registered. 
 
 .Tudgments and 
 attachments how 
 discharged. 
 
 Leases for more 
 
 extent as in other cases ; but no witness shall be compelled to pro- 
 duce under such subpoena any deed ■vvhich he would not be com- 
 pelled to produce on a trial. 
 
 16. The certificate of a registry endorsed on any deed, docket 
 of judgment or attachment, and signed by the registrar, shall be 
 taken and allowed in all courts, as evidence of the registry. 
 
 17. Deeds or mortgages of lands duly executed, but not regis- 
 tered, shall be void against any subsequent purchaser, or mortgagee 
 for valuable consideration, who shall first register his deed or mort- 
 gage of such lands. 
 
 18. No mortgage, judgment, or other incumbrance afiecting 
 lands, shall have any priority or efiect by reason of being held by 
 or vested in the same person with another mortgage or incum- 
 brance of prior date and registry. 
 
 19. IMortgages shall no longer be discharged by 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 fur- 
 ther fee, on the book of registry of the mortgage referring to the 
 registry of the release. 
 
 20. Judgments duly recovered and docketed shall bind the 
 lands of the party against whom the judgment shall have passed 
 only from and after the registry thereof in the county or district 
 wherein the lands are situate, and deeds or mortgages of such 
 lands, duly executed but not registered, shall be void against the 
 judgment creditor, who shall first register his judgment. 
 
 21. The docket of a judgment to be registered shall contain 
 the names of the parties, the amount recovered, the signature of 
 the judge, and the time of signing ; and a copy of such docket cer- 
 tified 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 
 
 22. Lands levied upon under writs of attachment shall be 
 bound thereby only from the time that true copies of the writ and 
 of the description and appraisement of the lands, certified by the 
 sheriff or his deputy under his hand, shall be lodged for registry 
 in the county or district where the lands lie, which copy shall be 
 recorded without further proof, and shall continue to bind the 
 lands until thirty days after final judgment signed in the cause. 
 
 23. Judgments and attachments so entered shall be 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 par- 
 ties by Avhom the judgment was obtained, or of a certificate under 
 the seal of the court and the hand of the prothonotary that the 
 judgment has been satisfied, or the suit in which the attachment 
 was issued discontinued or set aside. 
 
 24. Leases of land for a term exceeding three years shall be 
 
TITLE XXIX.] 
 
 Chap. 114. Sect. 1. 
 
 309 
 
 void against any subsequent purchaser, mortgagee for valuable t"' ^^ 'l-ecordedr 
 
 consideration, or judgment creditor, unless such leases shall have and a reasonable 
 
 been previously registered, and a reasonable rent reserved in good vcd. ° 
 faith therein. 
 
 TITLE XXIX. 
 
 OF TITLE TO REAL AND PERSONAL PROPERTY BY WILL AND BY 
 
 DESCENT, AND THE SETTLEMENT OF THE ESTATES OF 
 
 DECEASED PERSONS. 
 
 CHAPTER 114, 
 
 OF WILLS OF REAL AND PERSONAL ESTATE. 
 
 Section 
 
 1. What property may be devised. 
 
 2. Persons under twenty-one yeai'S incompe- 
 
 tent to make a will. 
 
 3. Wills which may be made by married wo- 
 
 men. 
 
 4. Wills by a married woman not void for a 
 
 gift to her husband. 
 
 5. Wills how to be executed ; formalities re- 
 
 quired. 
 
 6. Soldiers' and sailors' wills of personal estate 
 
 may be as heretofore. 
 
 7. Power of appointment by will to be execu- 
 
 ted as a will. 
 
 8. Wills executed as above required, valid 
 
 without further publication. 
 
 9. No will to be invalid for the incompetency 
 
 of the witnesses. 
 
 10. A devise to an attesting witness, the hus- 
 
 band or wife of such, where there ai-e but 
 two witnesses, shall be void. 
 
 11. Debts charged upon real or personal estate 
 
 shall not disqualify the creditor as a wit- 
 ness. 
 
 12. Executors may be witnesses. 
 
 13. Marriage shall revoke a will except in cer- 
 
 tain cases specified. 
 
 14. Wills not revoked by presumptions. 
 
 15. Wills how revoked. 
 
 Section 
 
 16. Obliterations, interlineations, alterations,&c. 
 
 in what case and how far they shall affect 
 a will. 
 
 17. Wills revoked, how revived. 
 
 18. Conveyances and other acts how far they 
 
 shall affect wills previously made. 
 10. Wills when to take effect ; executors to be 
 trustees to fulfil testator's contracts in cer- 
 tain cases. 
 
 20. Lapsed legacies to be included in any resi- 
 
 duary devise. 
 
 21. Rules for constructing wills of real estate in 
 
 certain cases. 
 
 22. General devises, how construed. 
 
 23. Devises of real estate without words of limi- 
 
 tation to be construed as a devise of a fee 
 simple. 
 
 24. The words " die without leaving issue, &c." 
 
 how constnied. 
 
 25. Devises of real estate to trustees or execu- 
 
 tors, how construed. 
 
 26. Devises as of estates tail shall not lapse in 
 
 consequence of the devisee dying before 
 testator, if the devisee leave issue. 
 
 27. Devises to testator's children, &c,, who die 
 
 before him shall not lapse if they have left 
 issue living, 
 
 28. Penalty for suppressing a will. 
 
 29. Definition of terms. 
 
 1. Any person may devise or bequeath by his will executed as wi,at property 
 hereinafter mentioned all real estate and all personal estate^ and all ^^y ^^ devised, 
 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 
 
310 
 
 Chap. 114. Sect. 2—11. 
 
 [part II. 
 
 Persons under 
 twenty-one years 
 incompetent to 
 make a will. 
 Wills which may 
 be marie by mar- 
 ried women. 
 
 Wills by a mar- 
 ried woman not 
 void for a gift to 
 her husband. 
 
 Wills how to be 
 executed ; forma- 
 lities required. 
 
 Soldiers' and sail- 
 ors' wills of per- 
 sonal estate may 
 Ijc as heretofore. 
 
 Power of appoint- 
 ment by will to be 
 execnted as a will. 
 
 Wilis evecuted as 
 above required, 
 valid without fur- 
 ther publication. 
 No will to be inva- 
 lid for the incom- 
 petency of the 
 witnesses. 
 A devise to an at- 
 testing witness, 
 the husband or 
 wife of such, 
 where there are 
 but two witnesses, 
 shall be void. 
 
 Debts charged 
 upon real or jter- 
 sonal estate shall 
 not dis(|ualify the 
 creditor as a wit- 
 ness. 
 
 which if not so devised or bequeathed, would devolve upon his 
 heirs at law or representatives. 
 
 2. No will made by any person under the age of twenty one 
 years, shall be valid. 
 
 3. No will made by a married woman subsequent to the first 
 of October, one thousand eight hundred and forty, shall be vahd, 
 except a will of personal estate upon which the husband's consent 
 has been expressed in writing, or a will appointing one executor or 
 more to a will whereof she is executrix : or a will of real or per- 
 sonal estate to which she may be entitled for her separate use ; or 
 an appointment by will in pursuance of a power to be executed 
 notwithstanding coverture. 
 
 4. No will nor any devise or bequest in any will made by a 
 married woman shall be void by reason of any devise or bequest, 
 or of any gift or disposition to or for the use or benefit of her 
 husband. 
 
 5. No will shall be valid unless it shall be in writing, 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. 
 
 6. Any soldier being in actual military service, or any mari- 
 ner or seaman being at sea, may dispose of his personal estate as 
 heretofore. 
 
 7. No appointment made by will in exercise of any power 
 shall be valid unless the same be executed in manner 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 exe- 
 cution or solemnity. 
 
 8. Every will executed in manner hereinbefore required shall 
 be valid without any other pubhcation thereof. 
 
 9. No will shall be invahd on account of the incompetency of 
 the witnesses to prove its execution. 
 
 10. All devises, bequests, or appointments, except charges and 
 directions for the payment of debts, to an attesting Avitness of the 
 will, or to the wife or husband of such person, shall be void, and 
 he shall be admitted to prove the execution of the will, or the vah- 
 dity or invalidity 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. 
 
 11. In case by any will any real or personal estate shall be 
 charged with any debt, and any creditor, or the wife or husband 
 of any creditor whose debt is so charged, shall attest the execution 
 of such will, such creditor, notwithstanding such charge, shall be 
 
TITLE XXIX.] Chap. 114. Sect. 12 — 18. 311 
 
 admitted a -witness to prove the execution of such ■will, or to prove 
 the validity or invalidity thereof. 
 
 12. No person shall, on account of his being an executor of a is-wcutois may be 
 ■will, be incompetent to be admitted a -witness to prove the execu- 
 tion of such will, or a witness to prove the validity or invahdity 
 
 thereof. 
 
 13. All wills shall be revoked hj marriage, except a will made Marriage shaii re- 
 
 ,, „ . , , 1.1 1 , voke a will except 
 
 m exercise oi a power oi appomtment, when the real or personal in certain cases 
 estate thereby appointed would not in default of such appointment "i"'"''"^''- 
 pass to the heir, executor or administrator, or the person entitled 
 as next of kin. 
 
 14. No will shall be revoked by any presumption of an inten- i^^presmipttons*^ 
 tion to revoke on the ground of an alteration in circumstances. 
 
 15. No will or codicil, or any part thereof, shall be revoked wnis laow revo- 
 otherwise than as above mentioned, or by another will or codicil 
 executed in manner hereinbefore required, or by some writing de- 
 claring an intention to revoke the same, and executed in the man- 
 ner in which a will is hereinbefore required to be executed, or by 
 
 the burning, tearing, or otherwise destroying the same by the tes- 
 tator, or by some person in his presence and by his direction, with 
 the intention of revoking the same. 
 
 16. No cancelling by drawing lines across a will, or any part ow|teratioTis, in- 
 thereof, and no obhteration, interlineation, or other alteration made terations, &c'., in 
 in any will after the execution thereof, shall be valid, or have any how'fartiijj shaii 
 effect, except so far as the words or the effect of the will before •'"■"'^'■'■"■'ii- 
 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 memoran- 
 dum referring to such alteration and written at the end or some 
 other part of the will. 
 
 17. No will or codicil, or any part thereof, which shall be in wiiis revoked, 
 any manner revoked, shall be re-vdved otherwise than by the re-exe- ^ "'^"'^' ' 
 cution thereof, or by a codicil executed in manner hereinbefore re- 
 quired, 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 shewn. 
 
 18. No conveyance or other act made or done subsequently to Conveyances and 
 the execution of a will of any real or personal estate therein com- ^he^shau ^iJr 
 prised, except an act by which such will shall be revoked as before j^'^J^s^p^viousiy 
 mentioned, shall prevent the operation of the will, with respect to 
 
 such estate or interest in such real or personal estate, as the testa- 
 tor shall have power to dispose of by will at the time of his death. 
 
312 
 
 Chap. 114. Sect. 19—24. 
 
 [part ir. 
 
 Wills when to 
 take effect ; ex- 
 ecutors to be truS' 
 tees to fulfil tes- 
 tator's contracts 
 in certain cases. 
 
 Lapsed legacies 
 to be included in 
 any residuary 
 devise. 
 
 Rules for constru- 
 ing wills of real 
 estate in certain 
 cases. 
 
 General devises 
 how construed. 
 
 Devises of real es- 
 tate without 
 words of limita- 
 tion to be con- 
 strued as a devise 
 of a fee simple. 
 
 The words " die 
 without leaving 
 issue, &c." how 
 construed. 
 
 19. Every will shall be construed, •with reference to the real 
 and personal estate comprised in it, to speak and take effect as if 
 it had been executed immediately before the death of the testator, 
 unless a contrary intention shall appear by the will. If the testa^ 
 tor 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 con- 
 veyances 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. 
 
 20. Unless a contrary intention shall appear by the will, such 
 real estate or interest therein as shall be comprised 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 lifetime of 
 the testator, or by reason of the devise being contrary to law, or 
 otherwise incapable of taking effect, shall be included in the resi- 
 duary devise, if any, contained in such will. 
 
 21. A devise of the land of the testator or of the land of the 
 testator in any place, or in the occupation of any person men- 
 tioned 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 include the leasehold estate of the testator, 
 or his leasehold estates or any of them to which such description 
 shall extend, as the case may be, as well as freehold estates, unless 
 a contrary intention shall appear by the will. 
 
 22. A general devise or bequest of the real or personal estate 
 of the testator, or of the real or personal estate of 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 description shall extend, as the case may be, 
 which he may have power to appoint in any manner he may think 
 proper, and shall operate as an execution of such power, unless a 
 contrary intention shall appear by the will. 
 
 23. Where any real estate shall be devised to any person with- 
 out any words of limitation, such devise shall be construed to pass 
 the fee simple or other the whole estate or interest which the tes- 
 tator had power to dispose of by will in such real estate, unless a 
 contrary intention shall appear by the will. 
 
 24. In any devise or bequest of real or personal estate, the 
 words " die without isssue," or "die without leaving issue," or 
 " have no issue," or any other words which may import either a 
 want or failure of issue of any person in his lifetime, or at the 
 time of his death, or an indefinite failure of his issue, shall be 
 
TITLE XXIX.] Chap. 114. Sect. 25—29. 313 
 
 construed to mean a want or failure of issue in tlie 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 preceding 
 gift being, without any implication arising from such ivords, 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 preceding gift, shall be born, or if there 
 shall be no issue who shall hve to attain the age, or otherwise 
 answer the description required for obtaining a vested estate by a 
 preceding gift to such issue. 
 
 25. Where any real estate shall be devised to any trustee or Devisee of reaies- 
 executor, such devise shall be construed to pass the fee simple, or exemtors"tow °' 
 other the whole estate or interest which the testator had power to constiueci. 
 dispose of by will in such real estate, unless a definite term of 
 
 years, absolute or determinable, or an estate of freehold, shall 
 thereby be given to him expressly or by implication. 
 
 26. Where any person to whom any real estate shall be de- Devises of es- 
 vised for an estate tail, or for an estate in quasi entail shall die in Spll' neons"-""' 
 the lifetime of the testator leaving issue, who would be inheritable JJ'™''^ °^ "btfore 
 under such entail if such estate existed, and any such issue shall testator, if the de- 
 be living at the time of the death of the testator, such devise shall 
 
 not lapse but shall take eifect as if the death of such person had 
 happened immediately after the death of the testator, unless a con- 
 trary intention shall appear by the will. 
 
 27. Where any person being a child or other issue of the tes- Devises; to testa- 
 tator, to whom any real or personal estate shall be devised or be- ^ho totefore*""' 
 queathed for any estate or interest not determinable at or before ["™ ^l'^" ™' 
 the death of such person, shall die in the lifetime of the testator lett issue living. 
 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 efiect, as if the death of such person had 
 happened immediately after the death of the testator, unless a con- 
 trary intention shall appear by the will. 
 
 28. Any person suppressing a will shall forfeit, after the lapse Penalty for sup- 
 of the first thirty days, five pounds for every month he shall so P''«s3ingawiii. 
 suppress such will. 
 
 29. The words and expressions hereinafter mentioned, which. Definition of 
 in their ordinary signification have a more confined or a difierent 
 meaning, shall, in this chapter, except when the nature of the pro- 
 vision 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 testa- 
 ment or devise of the custody and tuition of any child, and to 
 any other testamentary disposition ; and the words "real estate" 
 shall extend to manors, messuages, lands, rents and hereditaments, 
 whether freehold or any other tenure whatsoever and wheresoever, 
 and whether corporeal, incorporeal or personal, and to any undivi- 
 
 40 
 
 terms. 
 
314 
 
 Chap. 115. Sect. 1—3. 
 
 [part ii. 
 
 ded 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 
 monies, shares of government and other stocks or funds, whether 
 in this province or in the United Kingdom or elsewhere, to securi- 
 ties for money not bemg real estates, 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 115. 
 
 OF THE DESCENT OE REAL AND PERSONAL ESTATE. 
 
 Section 
 
 1. Rule of descent of undevised real estate 
 
 where deceased leaves issue. 
 
 2. Where he leaves no issue. 
 
 3. Other cases, and as to collateral kindred. 
 
 4. Rule in case of unmarried deceased minor 
 
 children leaving brothers, surviving, or 
 theu' issue. 
 
 5. Method of dividing property under last sec- 
 
 tion. 
 
 6. Mode of computing degrees of kindred. 
 
 7. Where intestate hath no kindred, the widow 
 
 shall inherit. 
 
 8. The interest of deceased in lands held in 
 
 trust chargeable with debts. 
 
 9. Rules for distributing the personal estate of 
 
 intestates. 
 
 Section 
 
 10. Posthumous children how provided for 
 
 where testator has made no provision. 
 
 11. Advancement how treated on division and 
 
 distribution. 
 
 12. Same subject. 
 
 13. Advancement in real estate how to be con- 
 
 sidered and regulated. 
 
 14. What gifts or grants shall be held advance- 
 
 ments. 
 
 15. Value if stated by testator to be conclusive. 
 
 16. Advancement as among grand children. 
 
 17. Tenancy by the curtesy and in dower not 
 
 affected hereby. 
 
 18. Lands held in dower, how divided. 
 
 19. Estates not devised to be distributed as in- 
 
 testate. 
 
 Rule of descent of 
 undevised real es- 
 tate where decea- 
 sed leaves issue. 
 
 Where he leaves 
 
 no issue. 
 
 other cases, and 
 as to collateral 
 kindred. 
 
 1. Where any person shall die entitled to any real estate in 
 fee simple or for the life of another, not having devised the same, 
 it shall descend to his children in equal shares, and in case of the 
 decease of any of his children, to such as shall legally represent 
 them, such representatives to take the share of the deceased pa- 
 rent in equal proportions, and if there be no child of the intestate 
 living at the time of his death, to his other lineal descendants ; 
 and if all the descendants shall be in the same degree of kindred 
 they shall share the estate equally, otherwise they shall take ac- 
 cording to the right of representation. 
 
 2. If the deceased shall leave no issue, one half of his real 
 estate shall go to his father, and the other half to his widow in 
 lieu of dower, and if there be no widow the whole shall go -to his 
 father. 
 
 3. If he shall leave no issue nor father, one half of his real 
 estate shall go to the widow, and the other half shall be distributed 
 
TITLE XXIX.] Chap. 115. Sect. 4—9. 315 
 
 in equal shares to his mother, brothers, and sisters, and the chil- 
 dren of any deceased brother or sister by right of representation ; 
 and if there be no widow the whole shall go to his mother, bro- 
 thers, and sisters, and the children of any deceased brother or sis- 
 ter 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 admit- 
 ted among collaterals after brother's and sister's children. 
 
 4. If any person shall die leaving several children, or leaving Euieincaseof 
 one child and the issue of one or more others, and any such sur- "Sminofohu"^ 
 viving child shall die under age, and not having been married, all fha" 'B^vMng" 
 the estate that came to the deceased child by inheritance from such or theu- issue. 
 deceased parent shall descend in equal shares to the other children 
 
 of the same parent, and to the issue of any such other children 
 who shall have died, by right of representation. 
 
 5. If at the death of such child who shall die under age, and Method of divi- 
 not having been married, all the other children of his parent shall dcHastTcSn.'' 
 also be dead, and any of them shall have left issue, the estate that 
 
 came to such child by inheritance from his parent shall descend to 
 all the issue of the other children of the same parent ; and if all 
 the issue are in the same degree of kindred to such child they shall 
 have his estate equally, otherwise they shall take according to the 
 right of representation. 
 
 6. The degrees of kindred shall be computed according to the Mode of compu- 
 rules of the civil law, and the kindred of the half blood shall in- k?„|jS''''°' 
 herit equally with those of the whole blood in the same degree. 
 
 7. If the intestate shall have no kindred, his estate shall go to where mt«state 
 
 , . , . ' ° hath no kindred 
 
 the widow to her own use. the widow shau 
 
 8. The interest of a party in lands held in trust for him in fee ^J'^'^^j'te^egt „ 
 simple shall descend and shall be chargeable with his debts in the ceased in lands 
 same manner as if he had died seised of such lands. chargeable with 
 
 9. The personal estate of any person who shall die without '^^'^ 
 having bequeathed the same shall be distributed as follows : ung^the' pmonai 
 
 The widow shall be allowed all her paraphernalia articles of ap- tates!"''"'^^ 
 parol or ornament, according to the degree and estate of her hus- 
 band, the apparel of the minor children, and also such provisions 
 and other articles as shall be necessary for the reasonable susten- 
 ance of herself and the family under her care for the period of 
 ninety days after the death of her husband, and such allowance 
 shall be made, as well when the widow waives the provision made 
 for her in the will of her husband as when he dies intestate. 
 
 The wearing apparel of the deceased, not exceeding ten pounds 
 in value, shall be distributed at the discretion of the executor or 
 adciinistirator among the fatmily of the deceased. 
 
316 
 
 Chap. 115. Sect. 10—16. 
 
 [part II. 
 
 Posthumous chil- 
 dren how provi- 
 ded for where 
 testator has made 
 no provision. 
 
 Advancement 
 how treated on 
 division and dis- 
 tribution. 
 
 Same subject. 
 
 Art vancement in 
 real estate how to 
 be considered and 
 regulated. 
 
 What gifts or 
 grants shall be 
 held advance- 
 ments. 
 
 Value if stated by 
 tL'btdLor to be con- 
 clusive. 
 
 Advan(;cment as 
 among grand- 
 children. 
 
 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 at- 
 tendant upon the settlement of the estate, shall be distributed, one 
 third to the widow, if any, and the residue among the persons who 
 would be entitled to the real estate, and if there be no widow, then 
 the whole among such persons. 
 
 10. Any child born after the death of the father, there being 
 no provision made in his will for such child, shall have the like 
 interest in the real and personal estate of his father as if lie bad 
 died intestate, and all the devisees and 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. 
 
 11. Any real or personal estate given by the intestate as an 
 advancement to any child or grandchild, shall be considered as a 
 portion of the estate of the intestate, so far as regards the division 
 and distribution of the estate of the deceased, and shall be taken 
 by such child or grand child towards his share of the intestate's 
 estate. 
 
 12. If such advacement shall exceed the share of the child or 
 grandchild, so advanced', he shall be excluded from any further 
 portion in the division and distribution of the estate, but he shall 
 not be required to refund any of such advancement, and if the 
 amount so received shall be less than Ms share, he shall be enti- 
 tled to as much more as will give him his full share of the estate 
 of the deceased. 
 
 13. If the advancement be in real estate, the value thereof 
 shall, for the purposes of the preceding section, be considered 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, lie shall 
 not refund any part of it, but shall receive so much less out of the 
 other part of the estate as will make his whole share equal to those 
 of the other heirs who are in the same degree with him. 
 
 14. All gifts and grants shall be deemed to have been made in 
 advancement if expressed in the gift or grant to be so made, or if 
 charged in writing by the intestate as an advancement, or acknow- 
 ledged in writing, or upon examination before the judge of pro- 
 bate, on oath, as such, by the child or grandchild, and not other- 
 wise. 
 
 15. If the value of the estate so advanced shall be 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 ac- 
 cording to its value when given. 
 
 16. If any child or grandchild so advanced shall die before the 
 intestate leaving issue, the adyancenient shall be taken into consi^ 
 
TITLE XXX.] Chap. 116. Sect. 1. 317 
 
 deration in the division and distribution of the estate, and the 
 amount thereof shall be allowed accoi'dingly by the representatives 
 of the child or grandchild so advanced as so much received to- 
 wards their share of the estate, in like manner as if the advance- 
 ment had been made directly to them. 
 
 17. Nothing in this chapter contained shall affect the title of a Tenancy by the 
 husband as tenant by the curtesy nor that of a widow as tenant in dowS noutfected 
 dower. ''«'*y- 
 
 18. Lands held as dower by the widow shall, after her decease, Lands hew in 
 be divided as hereinbefore directed. Lands set off as dower prior ^°J"^' ^°'^ ^"^' 
 to the act of 5th Victoria, chapter 22, shall, after the decease of 
 
 the widow, be divided as before the passing of that act. 
 
 19. All such estate, real or personal, as is not devised in a will. Estates not devi- 
 shall be distributed as if the testator had died intestate. ted as intestate. 
 
 TITLE XXX. 
 
 OF TITLES TO REAL PROPERTY BY SPECIAL PROVISIONS 
 OF LAW. 
 
 CHAPTER 116. 
 
 OF JOINT TENANCY AND TENANCY IN COMMON. 
 
 Section 
 
 1. An estate to two or more persons, unless declared to be in joint tenancy, sliiill be a tenancy 
 in common, except when vested in them as trustees or executors. 
 
 1. Every estate granted or devised to two or more persons in An estate to two 
 
 their own right, shall be a tenancy in common, unless expressly de- uni^rde'iareTto 
 
 clared to be in joint tenancy ; but every estate vested in trustees j!y 'sha'irbe"'a te- 
 
 or executors as such shall be held by them in ioint tenancy. This nancy in common, 
 
 6xc6pt when vgs~ 
 
 section shall apply as well to estates already created or vested as ted ia them as 
 
 estates hereafter to be granted or devised. u^ustees or execu- 
 
 CHAPTER 117. 
 
 OF THE SALE OF LANDS UNDER FORECLOSURE OF MORTGAGES. 
 
 Section 
 1. In actions for money secured by mortgage, 
 defendant may pay into coui't and have a 
 re-conveyance* 
 
 Section 
 2. Proceedings where one or more of the mort- 
 gagors absent may be as in cases of absent 
 debtors. 
 
318 
 
 Chap. 117. Sect. 1—5. 
 
 [part II. 
 
 Section 
 
 3. Notice to be given to such parties as in 
 
 cliancery would be defendants. 
 
 4. Sale of mortgaged premises. 
 
 5. Re-hearing provided where defendant is an 
 
 absent debtor. 
 
 Section 
 
 6. Sheriff's deed, its effect j when recorded 
 
 shall convey mortgagor's right ; writ of 
 possession may issue. 
 
 7. Proceeds of sale, how applied. 
 
 8. Powers of supreme court to adjust equities, 
 
 In actions for mo- 
 ney secured by 
 mortgage defen- 
 dant may pay 
 into court and 
 have a re-couvey- 
 ance. 
 
 Proceedings 
 where one or more 
 of the mortgagors 
 
 1. When actions of ejectment by a mortgagee, or actions on 
 bonds or notes secured by mortgage, or on any covenant in the 
 mortgage, are brought in the supreme court, and no suit touching 
 the same matter is pending in the court of chancery, 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 reconvey 
 to such defendant the lands mortgaged, and deliver up all writings 
 in his custody relating thereto. 
 
 2. In case such mortgagor, or any one of several of such mort- 
 gagors, be an absent or absconding debtor, a declaration in eject- 
 
 Tn caSes™t'absent ^^^^ o*" Other process may be served upon the tenant, if any, in 
 debtors. possession of the lands, and upon any of such defendants who shall 
 
 not be absent or absconding, and a copy thereof shall also be left 
 at the last place of abode of any of the defendants who may be ab- 
 sent 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 hereinafter mentioned ; but before such decla- 
 ration shall be served the same affidavit shall be made and filed in 
 the office of the prothonotary of the county where the declaration 
 is returnable, as is necessary in ordinary cases of proceeding against 
 absent or absconding debtors. In cases 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 given 3. In casc any persons besides the mortgagor are interested in 
 '"chancery'wouid the knds who wouM require to be made 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 attornies or agents speci- 
 fying the proceedings that have been or are about to be taken, and 
 requiring them to appear at the supreme court to protect their 
 interests ; which notice shall be served the same length of time as 
 is required in notices of trial. 
 
 4. In case the defendant shall neglect to pay the amount found 
 due 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. 
 Be-hcaring provi- 5. In casc thc defendant shall be an absent or absconding 
 dantTs In absent debtor, hc shall be entitled to a rehearing at any time within three 
 
 debtor. 
 
 be defendants. 
 
 Sale of mortgaged 
 premises. 
 
TITLE XXX.] Chap. 118. Sect. 1—2. 
 
 319 
 
 years after judgment ; and the plaintiif, upon obtaining a rule for 
 the sale of the mortgaged lands, shall give security for the re-pay- 
 ment of the sums levied, if judgment should be reversed on such 
 rehearing. 
 
 6. The deed shall be executed and delivered by the sheriff to 
 the purchaser, 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 
 he, shall be sufficient to convey all the estate and interest of the 
 mortgagor in the lands therein described, and the court may award 
 a writ of possession upon judgment being had. 
 
 7. The sheriff shall out of the proceeds of the sale pay to the Proceeds of sale, 
 plaintiff the sum due to him, and shall pay over the residue, if any, ™ ''''^ '^ ' 
 
 to such person as the court shall direct. 
 
 8. The supreme court shall have the same powers as are pos- P»wersofsu- 
 
 TIT r»i • p 1 T • preme court toad - 
 
 sessed by the court or chancery, m reference to the proceedmgs m just equities, &c. 
 such suits, and for the equitable adjustment of the rights of the 
 different parties interested. 
 
 Sheriff's deed, its 
 effect ; when re- 
 corded shall con- 
 vey mortgagor's 
 right •, writ of pos- 
 sesion may issue. 
 
 CHAPTER 118. 
 
 Of TiiE SALE OJ' LANDS TO SATISEY EXECUTION DEBTS. 
 
 Section 
 
 1. Judgments to bind lands so Soon as recor- 
 
 ded, but ahall not be levied till after two 
 years. 
 
 2. A beneficial interest in lands held in trust 
 
 may be taken in execution. 
 
 3. Executions as against lands may issue with- 
 
 in five years. 
 
 4. Execution may be levied upon a part or the 
 
 whole of any lands as plaintiflf shall di- 
 rect. 
 
 5. Subsequent judgment creditors may require 
 
 prior judgment creditor to levy. 
 
 6. In case of neglect the subsequent creditor 
 
 shall acquire a preference. 
 
 7. Lands to be levied upon without appraJse- 
 
 Section 
 
 ment, and advertised thirty days ; con- 
 tents of advertisement. 
 
 8. Copies of advertisement to be posted twenty 
 
 days ; sale to the highest bidder. 
 
 9. Defendant may, by timely notice, select any 
 
 particular portion to be first sold. 
 
 10. Sheriff's deed ; its operation and effect. 
 
 11. To be presumptive evidence of conveyance 
 
 of defendant's title. 
 
 12. Where lands are in possession of a tenant 
 
 the purchaser shall become the landlord. 
 
 13. Any surplus money after satisfaction of the 
 
 execution and expenses, to be paid as the 
 court shall direct. 
 
 14. Special provisions applicable to titles made 
 
 previously to 1841. 
 
 1. Judgments recovered in the supreme court shall bind the judgments to 
 real estate of the debtor from the time such ludsment shall be ^^^^ ^^"^^^ ^^^ , 
 
 -,1.111/. . r»i !•• !• ^°°° ^^ recorded, 
 
 recorded in the books or registry tor the county or district wherein but shaii not be 
 
 such real estate is situate : but no lands shall be levied upon until Iwo^ye^" .^^^^^ 
 two years after such registry, 
 
 2. The interest of the party beneficially interested in lands a beneficial inte- 
 held in trust for him, may be taken in execution for the payment intnlstmaybe 
 
320 Chap. 118. Sect. 3—12. [part ii. 
 
 taken in execu- of his debts in the same manner as if he were seised or possessed 
 
 of such lands. 
 Executions as 3. Execution as against lands may issue at any time within 
 
 issne within five fivc years from the signing of the judgment without a scire facias 
 
 yeai-s- Qj. leave of the court. 
 
 wtedu°onT''art ^- '^^^ plaintiif may order execution to be levied on the whole 
 
 or the whole of or auv portion of the real estate lying within such county or dis- 
 
 any lands as.-''^ ./o J 
 
 plaintiff shall di- triCt. 
 
 r?'' , . , 5. Where a judgment has been so registered for the period of 
 
 Subsequent judg- iii i ii i /i. i 
 
 ment creditors two ycars, and no levy has been made on the real estate bound 
 judgmeTt'creditor thereby, any judgment creditor whose judgment has been subse- 
 toievy. quently registered, may, by a written notice, require the prior 
 
 judgment creditor to levy on the real estate within three months. 
 In case of neglect 6. If the prior judgment creditor shall not levy, the party 
 creator Xir'ac- giving the notice shall acquire a preference over the judgment cre- 
 quire a prefe- ditor to whom such notice had been given. 
 
 Lands to be levied T. The sheriff upou receiving such execution shall, at the ex- 
 pra^eme'nrand"" piration of the two years, levy on such lands without appraisement, 
 advertised 'thirty and shall cause to be inserted, for thirty days next preceding the 
 adver'tiseme™." day of Sale, in the royal gazette newspaper, and also, except in 
 the county of Hahfax, in any newspaper which may be pubhshed 
 in the county or district wherein the lands are situate, an adver- 
 tisement 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 against the defendant, the time and place fixed 
 for such sale, and having appended thereto the name of the sheriff 
 and the attorney of the plaintiff. 
 Copies of E^ver- g. The sheriff after causing copies of such advertisement to be 
 posted twenty posted up in the most public places of the township or settlement 
 hfghVst^bidde *° wherein the lands he, for at least twenty days previous to the time 
 appointed for the sale, shall proceed to sell the same by public 
 auction to the highest bidder. 
 Defendant may, 9. If the defendant, by notice in writing delivered to the 
 seie™any part? sheriff at Icast ten days previous to the sale, require that certain 
 b!f flrsTsoi™ '° portions of the land so advertised be first sold, the sheriff shall 
 cause the same to be first put up for sale, and if a sufficient sum 
 should 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 ; 10. The sheriff shall deUver to the purchaser a deed of such 
 effecr''' '™ ''" lands, which shall be sufficient to convey to the purchaser all the 
 interest of the defendant in the lands therein described, subject to 
 prior incumbrances. 
 Tobepresump- 11. The sheriff's deed shall be presumptive evidence of the 
 Mnveyan°e°of° defendant's title having been thereby conveyed to the purchaser. 
 whTre^^andfare ^^' ^^^^^ ^^^ ^^^"^^ ^° convcycd shall bc in the possession of 
 in possession of a the tenants of the defendant, the purchaser shall become the land- 
 Ser shtiite- lo^d, and shall have the hke rights and remedies against the tenant 
 io°rd?"'^'^'"^" ^ *^® defendant would have had, and shall be entitled to all rents 
 accruing after such purchase. 
 
TITLE XXXI.] 
 
 Chap. 119. Sect. 1. 
 
 321 
 
 13. Where the sum realized by such sale shall be more than Any surplus mo- 
 sufficieut to satisfy the execution and necessary expenses attendant tion of the eLcu- 
 on such levy and sale and interest on the amount of the judgment tobrpaiir'arthe 
 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 
 
 14. Titles to land made by any sheriff previous to the tenth special pvovisions 
 day of April, one thousand eight hundred and forty one, shall not m™ e''^)l■ev'io^sly 
 be invalidated by any irregularity or defect in the proceedings pre- '° ^^*^' 
 scribed 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 sheriif. 
 
 TITLE XXXI. 
 
 OF COPYRIGHTS AND PATENTS. 
 
 CHAPTER 119. 
 
 OP THE LAW OF COPYRIGHT. 
 
 Section 
 
 1. Copyrights of authors, how secured. 
 
 2. PeDalties for infringing copyrights by im- 
 
 portation. 
 
 3. Penalties for infringing copyrights by imi- 
 
 tation or otherwise. 
 
 4. A printed copy of the title to be registered 
 
 in the provincial secretary's oflQce before 
 publication. 
 
 5. Penalty for illegally inserting an entry as 
 
 registered. 
 
 6. Limitation of actions. 
 
 7. Printing or publishing a manuscript without 
 
 the author's consent, actionable. 
 
 Section . 
 
 8. Proprietors of protected works required to 
 
 furnish copies to the legislative libraries. 
 
 9. All books may be imported duty free except 
 
 re-prints of books protected by imperial 
 acts. 
 
 10. Duties collected on books protected by im- 
 
 perial acts, how remitted to the proprie- 
 tor. 
 
 11. Tine for improperly importing, selling, or 
 
 having dutiable reprints, how recovered, 
 how applied ; re-prints forfeited, &c. 
 
 12. Re-prints imported to be stamped. 
 
 1. The author of any map, chart, or book printed, or of any 
 print engraved "within this province, who has not transferred the 
 copyright thereof, and any other person who has legally acquired 
 the copyright of any such map, chart, book, or print, in order to 
 publish the same, shall have the sole right of publishing such map, 
 chart, book or print, for the term of twenty-one years from the 
 recording the title or the entry thereof in the ofBce of the secretary 
 of the province ; and the author of any map, chart, book or print, 
 not published within the province, his executors, administrators or 
 assigns, shall have the sole right of publishing such map, chart, book 
 41 
 
 Copyrights of au 
 thors, how secu- 
 red. 
 
322 
 
 Chap. 119. Sect. 2—4. 
 
 [PAKT ir. 
 
 Penalties for in- 
 fringing copy- 
 rights by impor- 
 tatiou. 
 
 Penalties for in- 
 fringing copy- 
 rights by iniita- 
 tation or otlier- 
 wise. 
 
 A printed copy of 
 tlie title to )»e re- 
 gistered in the 
 provincial secre- 
 tary's office before 
 publication. 
 
 or print, for the like term ; and if at the expiration of such term, 
 the author of any such map, chart, book or print, shall be living, 
 the same right shall be continued to him for the further period of 
 fourteen years ; but he shall cause the title thereof to be a second 
 time recorded and published, ■within six months before the expira- 
 tion of the first term of twenty-one years ; and no person shall be 
 entitled to any right hereunder unless he shall be resident -within 
 the province at the time of his application therefor. 
 
 2. If any other person, after the recording of the title of any 
 map, chart or book, and publishing the same, within the times 
 limited, shall print or import from any other country copies of such 
 map, chart or book, without the consent of the author and proprie- 
 tor thereof first had in writing signed in the presence of two wit- 
 nesses, or expose to sale any such copy of such map, chart or book, 
 such offender shall forfeit all copies of such map, chart, or book, 
 and all sheets, being part of the same, to the author and proprie- 
 tor thereof, who shall forthwith destroy the same ; and every such 
 offender shall forfeit not less than one nor more than five shillings 
 for every sheet found in his possession, to whosoever will sue for 
 the same. 
 
 3. If after the recording the title, and entering of any print, 
 any person whosoever shall engrave, etch or work, or in any man- 
 ner copy or sell, in the whole or in part, by copying, varying, 
 adding to or diminishing from the main design, or shall print, re- 
 print, or import for sale, any such print, or any part thereof, with- 
 out the consent in wHting of the proprietor thereof, signed in the 
 presence of two witnesses, or knowing the same to be so printed, 
 re-printed or imported, without the consent of the proprietor, shall 
 publish, sell, or expose the same to sale, such offender shall forfeit 
 the plates on which such print shall be copied, and all sheets of 
 such print, and all parts thereof, to the proprietor of the original, 
 print, who shall forthwith destroy the same, and such offender shall 
 forfeit the sum of twenty shillings for every print found in his 
 custody, either printed, published, or exposed to sale, or otherwise 
 disposed of, to whosoever will sue for the same. 
 
 4. No person shall be entitled to benefit under these provisions 
 in cases where any map, chart, book or print, has been already 
 published, unless a printed copy of the title of the same shall, 
 before publication, be deposited in the secretary's office, who shall 
 record the same in a book kept by him for that purpose, in the 
 words following, and give a copy thereof under his hand, to the 
 author or proprietor if required : 
 
 " Province of Nova-Scotia. 
 
 Be it remembered, that on this day of - 
 
 A. B., of 
 
 , A. D. 18- 
 
 in the said province, has deposited in this office, 
 the title of a map, [chart, book or priiit, as (he case may be,] the 
 copyright whereof he claims in the words following : [here insert 
 Hie i'ttle,] in conformity with chapter 119 of the revised statutes. 
 
 " C. D.. Provincial Secretary." 
 
TITLE xxxl] Chap. 119, Sbct. 5—11. 323 
 
 For which certificate the secretary shall receive five shillings, and 
 five shillings for every copy, and the author or proprietor shall cause 
 a copy of such record to be inserted in full length in the title page, 
 or in the page following the title page of such book ; and if a map, 
 chart or print, the following words shall be impressed on the face 
 
 thereof: "entered according to law on the day of , 
 
 18—, by A. B., of ." 
 
 5. If any person, not having legally acquired the copyright, Po'iaity fi>r ine- 
 
 , . ^ -1 ' b b J ^ IJ b^ > gaily inserting an 
 
 shall prmt or publish any map, chart, book or pnnt, and shall m- entry as register- 
 sert therein or impress thereon, that the same has been entered 
 according to law, or words purporting the same, he shall forfeit one 
 hundred pounds, to be applied as hereinafter directed. 
 
 6. Actions under this chapter shall be commenced within three Limitation of ac- 
 years from the time when the cause of action accrued. """s- 
 
 7. Any person printing or pubhshing any manuscript, without Printing or pub- 
 the consent of the author or proprietor thereof if resident in this script°w1thouuhe 
 province, shall be hable to such author or proprietor for all damage actionabic^™^^"'' 
 occasioned thereby to be recovered by a special action on the case. 
 
 8. The proprietor of any map, chart, book or print entitled to Proprietors of 
 the rights and privileges hereby conferred, shall, within six months required to fm- 
 from the publication thereof, deposit one copy thereof in the library "egi'sia°ti'veVbra-"' 
 of the legislative council, and one copy in that of the house of as- ''''*• 
 sembly. 
 
 9. AU books shall be admitted into this province duty free, au books may be 
 except re-prints of books the copyright whereof is protected by Jrerexcept le^ 
 the acts of the imperial parliament. protect°ed''b°y'' Im 
 
 10. On the importation of any reprint of books, bound or in periaiaxMs, 
 
 covers, the copyright of which is protected by the acts of the mbooksproTel 
 
 imperial parliament, there shall be paid an advalorem duty of 'I'l 'v imperial 
 
 A ^ ',.,, in 1 acts, how remit- 
 
 twenty per cent, but this duty shall not extend to newspapers or tedtotheproprie 
 other regular periodicals containing extracts only from such books. 
 The duty when collected shall be paid into the treasury and remit- 
 ted by the governor to the commissioners of customs at London, 
 with a detailed account thereof once a year, that the same may be 
 paid to the registered proprietor of the copyright of the books re- 
 spectively, such re-prints however shall not be hable to duty unless 
 the originals shall have been registered according to the provisions 
 of the imperial act passed in the fifth and sixth years of her majes- 
 ty's reign, intituled " an act to amend the law of copyright." 
 
 11. Any person who shall import or bring into the province Fine for improper 
 for sale, use or hire, any reprints hereby made liable to duty with- jfngTha'°ng(iu- 
 out paying the same, or shall knowingly sell, publish or expose to fiJJJ^'"co'Je°a' 
 sale, or let to hire, or have in his possession any such reprint, shall 1";^ appiuii ; I-e- 
 be liable to a penalty of five pounds and double the value of every & ™ '^ ""*' ^ > 
 copy of such reprint, which may be sued for before two justices of 
 
 the peace as an ordinary debt, two pounds thereof to go to the 
 officer who shall sue for the same, and the remainder to be paid 
 into the treasury and remitted for the registered proprietor of the 
 popyright, and every reprint imported contrary to these provisions, 
 
324 
 
 Chap. 120. Sect. 1—3. 
 
 [part II. 
 
 Re-prints impor- 
 ted to be stamped. 
 
 shall be forfeited and sold, and one half of the proceeds thereof 
 shall be paid into the treasury to the use of the registered proprie- 
 tor, and the other to the seizing officer. 
 
 12. Each reprint on its importation shall be stamped by the 
 officer before whom the entry is made, and the form of the stamp 
 shall be furnished by the receiver general to the several outports 
 if required. 
 
 CHAPTER 120. 
 
 OF PATENTS FOR USEFUL INVENTIONS. 
 
 Section 
 
 1. Letters patent, how and by whom to be ob- 
 
 tained. 
 
 2. Patentees of improvements not to use any 
 
 original invention ; original patentee not 
 to use the improved patent. 
 
 3. Changes of form or proportions not deemed 
 
 an improvement. 
 
 4. Pees on patents. 
 
 .5. Copies of letters patent and drawings, how 
 charged for. 
 
 Section 
 
 6. Oath preparatory to granting letters patent. 
 
 7. Descriptions, explanations and models to be 
 
 deposited in the provincial secretary's 
 office. 
 
 8. Patentee's rights may be assigned ; assign- 
 
 ments to be recorded. 
 
 9. Actions for illegally using or selling a pa- 
 
 tent. 
 10. Defence how pleaded, and what may be 
 given in evidence. 
 
 Letters patent ]. Whencvcr any person resident in the province, and who 
 
 to beTbtained!"" shall havc resided therein for the period of one year, shall apply to 
 the governor alleging that he has discovered any new and useful 
 art, machine, manufacture, or composition of matter, or any new 
 and useful improvement thereon not theretofore known or used, 
 and pray that a patent may be granted him for the same, the go- 
 vernor may direct letters patent to be issued, reciting therein the 
 allegations of such petition and giving a short description of such 
 invention, and shall thereupon grant to the person so applying for 
 the same and his representatives, for a term not exceeding four- 
 teen years, the exclusive right of making, using, and vending the 
 same to others, which letters patent shall be good and available to 
 the grantee, and shall be recorded in the secretary's office in a 
 book for that purpose, and shall then be delivered to the patentee. 
 Patentees of im- 2. Whcrc any letters patent shall be obtained by any person 
 Ssr'any"o'riSna'i for ally such invcntion, and thereafter any other person shall dis- 
 
 invention ; origi- ' . - . . - _ - - 
 
 nal ]iaLeiitee not 
 to use tlic impro- 
 ved patent. 
 
 Changes of form 
 or proportions not 
 deemed an im- 
 provement. 
 
 cover any improvement in the principle or process of any such in- 
 vention, and shall obtain letters patent for the exclusive right of 
 such improvement, the person who shall obtain such new patent 
 shall not make, use, or vend the original invention, nor shall the 
 ori,i.^-iiial patentee make, use, or vend any such improvement. 
 
 3. The simple change of the form or proportions of any ma- 
 chine or composition of matter shall not be deemed a discovery or 
 improvement within the meaning of ^his chapter. 
 
TITLE XXXI.] Chap. 120. Sect. 4—10. 325 
 
 4. Persons applying for letters patent, on delivering in their Fees on patents. 
 petition, shall pay into the secretary's office twenty shillings, to be 
 
 applied as other fees payable therein. 
 
 5. Any person may receive from the secretary's office any copies or tetters 
 copy of such letters patent, or of the petition whereon the same fiTgsh'ow'chai-gea 
 were granted, or of any paper or drawing connected therewith, on '"''■ 
 paying six pence a folio, and a reasonable fee for every copy of 
 
 such drawings. 
 
 6. Before any person shall obtain any letters patent he shall oa,iii preparatory 
 
 T . . ."^ . ■*■ , T •! 1 T 1 1 • 1 • to granting letters 
 
 make oath m writmg that he verily believes that he is the true m- patent, 
 ventor or discoverer of the art, machine, or composition of matter, 
 or improvement, for which he solicits letters patent, and that such 
 invention or discovery has not been known in this province or in 
 any other country, which oath shall be delivered in with the peti- 
 tion for such letters patent. 
 
 7. Before any person shall obtain any letters patent he shall Descriptions, ex- 
 
 T T • 1 1 m • n- -11 1 1 • planations, and 
 
 deliver into the secretary s office an intelligible and exact descrip- models to be de- 
 tion of such invention, and of the manner of using, or process of vi'ncia?s'ecretary'3 
 compounding the same, so as to enable any person skilled in the °'^'^''- 
 science of which it is a branch to make and use the same, and in 
 case of any machine, shall deliver a model, and explain the prin- 
 ciple by which it may be distinguished from other inventions, and 
 shall accompany the whole with drawings and written references 
 where the case admits of drawings, or with specimens of the ingre- 
 dients sufficient for the purpose of experiment, where the inven- 
 tion is a composition of matter, which description, signed by such 
 person and attested by two witnesses, shall be filed in the secre- 
 tary's office, and copies thereof, certified by the provincial secretary, 
 shall be competent evidence in all courts, where matters concerning 
 such letters patent may come in question ; but the governor may, 
 upon special grounds being shewn, dispense with the delivery of the 
 model at the secretary's office if he shall deem it right to do so. 
 
 8. Any patentee may assign all his right in such invention and Patentee's rights 
 discovery to any person ; and the assignee thereof, having recorded assfgnmSto be 
 such assignment in the secretary's office, shall stand in the stead of ''<^'^'"^<i'=<'- 
 
 the original patentee as well as regards all his rights as all his lia- 
 bilities ; and the assignee of any such assignee shall also be consi- 
 dered to be in the stead of the original patentee. 
 
 0. Whenever any letters patent shall be granted to any person. Actions for lue- 
 and any other person, without the consent of the patentee or his ungVpatlnt""'' 
 representatives first had in writing, shall make, use or sell the inven- 
 tion or discovery whereof the exclusive right is secured to such 
 patentee, the person so oflending shall be ansAverable to him or his 
 representatives in damages. 
 
 10. The defendant in such action may plead the general issue. Defence iiowpiea- 
 and give this chapter and every special matter in evidence to prove maybe gwe'n in 
 that the specification filed by the patentee does not contain the evidence. 
 whole truth relative to the invention or discovery alleged to have 
 been made by him, or contains more thaij is necessary to produce 
 
326 
 
 Chap. 121. Sect. 1—3. 
 
 [part II. 
 
 the described eiFect, wMcli concealment or addition shall fully ap- 
 pear to have been fraudulently made, or that the invention or 
 discovery so secured by letters patent was not originally discovered 
 by the patentee, but had been in use or had been described in some 
 public work anterior to the supposed invention or discovery of such 
 patentee, or that such patentee had surreptitiously obtained such 
 letters patent for the invention or discovery of some other person, 
 in either of which cases, upon proof thereof, the verdict shall be 
 found and judgment entered thereon for the defendant with costs, 
 and such letters patent, by the court, shall thereupon be adjudged 
 void. 
 
 TITLE XXXII. 
 
 CHAPTER 121. 
 
 OF THE PEEVENTION OF FRAUDS AND PEEJURIES. 
 
 Section 
 
 1. Leases and estates in land, not in writing, 
 
 to be estates at will, except as to leases 
 under three years. 
 
 2. Interest in lands assignable only by deed or 
 
 note in writing. 
 
 3. Previous contracts and agreements which 
 
 require to be in writing and signed by the 
 party chargeable. 
 
 Section 
 
 4. Contracts for goods above ten pounds not 
 
 valid unless the buyer accept a part, give 
 earnest money, or a note in writing be 
 signed. 
 
 5. Declarations and creations of trust in lands 
 
 to be in writing ; implied and resulting 
 trusts excepted. 
 
 6. Assignments of trusts to be in writing. 
 
 ^Tnd^noliinwi? ^' -^^^ kascs, Gstates, or other interests in land not put in wri- 
 ting, Lo be estates ting and signed by the parties creating or making the same^ or their 
 to Ses'^Ser''^ agcnts thereunto authorized by "writing, shall have the force of 
 three years. leases or ostatos at -will only, except leases not exceeding the term 
 of three years from the making thereof "whereupon the rent re- 
 served shall amount to two-thirds at least of the annual value of 
 the lands demised. 
 
 2. No interest in land shall be assigned, granted or surren- 
 dered, except by act and operation of law, unless it be by deed 
 or note in writing, signed by the party assigning, granting or sur- 
 rendering the same, or by his agent thereunto authorized by wri- 
 ting. 
 
 3. No action shall be brought whereby to charge any executor 
 or administrator upon any special promise to answer damages out of 
 
 tfnrand^s"gned his owu estatc, or whereby to charge a defendant upon any special 
 KeS-^ promise to answer for the debt, default or miscarriage of another 
 
 Interest in lands 
 assignable only 
 by deed or note in 
 writing. 
 
 Previous con- 
 tracts and agree- 
 ments which re- 
 
TITLE XXXIII.] Chap. 122. Sect. 1—2. 327 
 
 person, or -whereby to charge any person upon any agreement made 
 upon consideration of marriage, or upon any contract or sale of 
 lands or any interest therein, or upon any agreement that is not 
 to be performed within the space of one year from the making 
 thereof, unless the agreement upon which the action shall be brought, 
 or some memorandum or note thereof shall be in writing, signed by 
 the party to be charged therewith, or some other person authorized 
 by him. 
 
 4. No contract for the sale of any goods for the price of ten contracts for 
 pounds or upwards shall be good, except the buyer accept part of pounds'not valid 
 the goods so sold and actually receive the same, or give something ""cepta'pLt^gTve 
 in earnest to bind the bargain or in part of payment, or that some earnest money, or 
 note or memorandum in writing of the bargain be made and signed be signed. 
 
 by the parties to be charged by such contract, or by their agents 
 thereunto authorized. 
 
 5. No declaration or creation of a trust in lands shall be valid Declarations and 
 unless it shall be in writing, signed by the party entitled to declare i^rraSfto be"i'n 
 or create the trust, or by his last will ; but this provision shall not and''i"e?uittag''"'''' 
 extend to any trusts in lands arising or resulting by implication or t™sts excepted 
 construction of law, or which may be transferred or extinguished 
 
 by act or operation of law. 
 
 6. No grant or assignment of any trust shall be valid unless it Assignments of 
 shall be in writing, signed by the party granting or assigning the miung." 
 same, or by his last will. 
 
 TITLE XXXni. 
 
 OF THE DOMESTIC RELATIONS. 
 
 CHAPTER 122. 
 
 OF MARRIAGE AND THE SOLEMNIZATION THEREOF. 
 
 Section 
 
 1. Ordained ministers may solemnize mar- 
 
 riage. 
 
 2. Penalty for solemnizing marriage without 
 
 publication of bans or license. 
 
 Section 
 
 3. Penalty for ministers refusing to publisli 
 
 bans. 
 
 4. Licenses to issue as heretofore. 
 
 5. Penalties when recovered to be paid into 
 
 the treasury. 
 
 1. Every duly ordained minister of any congregation of chris- Ordained minis- 
 
 .■ ',1 ■ J 1 ■ • 1 * • "L T-T J.* ters may solem- 
 
 tians withm this provmce may solemnize marriage, by publication nize marriage. 
 of bans or by license in that behalf to him directed, as herein pro- 
 vided. 
 
 2. Any person who shall officiate in the solemnization of any penalty for soiem- 
 marriagOj unless notice of such marriage'shall have been previously wiTh^urpubuct 
 
328 
 
 Chap. 123. Sect. 1. 
 
 [part ir. 
 
 tion of bans or 
 license. 
 
 Penalty for minis- 
 ters refusing to 
 publisll bans 
 
 Licenses to issue 
 as heretofore. 
 
 Penalties when 
 received to be 
 paid into the 
 treasuiy. 
 
 given publicly during the time of divine service at three several 
 meetings at a place of public worship on two or more Sundays 
 in the place or places where the parties or one of them shall reside, 
 or unless a license shall have been obtained under the hand and 
 seal of the governor, shall forfeit fifty pounds. 
 
 3. The officiating minister of any congregation at the place 
 where either of the parties desiring to be married shall reside, who 
 shall refuse or neglect to give such notice after having been re- 
 quested to do so, shall forfeit fifty pounds, and shall be liable to an 
 action for damages at the suit of either of the parties aggrieved, 
 unless in cases where comphance would be inconsistent with the 
 rules and discipline of the church or congregation to which such 
 parties shall respectively belong. 
 
 4. The governor may direct marriage licenses to the duly or- 
 dained and settled ministers of any congregation of christians in 
 the forms and with the bonds heretofore used, and authorizing 
 them to solemnize marriages between persons on whose behalf such 
 license shall be required without publication of bans, according to 
 the rites of the church to which the minister shall belong. 
 
 5. The penalties imposed by this chapter shall, when reco- 
 vered, be paid into the treasury for the use of the province. 
 
 CHAPTER 123. 
 
 OF THE REGISTRY OP BIRTHS, MARRIAGES AND DEATHS. 
 
 Section 
 1. Registry of births, marriages and deaths by 
 whom and how kept ; returns to whom 
 and how made. 
 
 Section 
 2. Fines for neglect of duty. 
 
 Kegistry of 
 births, marriages 
 and deaths, by 
 whom and how 
 kept ; returns to 
 whom and how 
 made. 
 
 1. Every person who may baptize, marry, or perform the bu- 
 rial service, shall keep a registry, shewing the names and ages of 
 the persons whom he shall have baptized and married, or who have 
 been born, or who have died within his cure or belonging to his 
 congregation; a return of which, in duplicate, under his hand, 
 shall be by him forwarded to the clerk of the peace in the county 
 where he shall reside or ofEciate at the time, within ten days after 
 the first day of January in every year, one of which returns shall 
 be filed in the office of the clerk of the peace as a public record, 
 and the other shall be transmitted by the clerk of the peace to the 
 board of registration and statistics at Halifax. Parents, in case 
 their children shall not be baptized within one year after their birth, 
 shall within that period give notice to the town clerk, who shall 
 
TITLE XXXIII.] Chap. 124. Sect. 1 — 3. 329 
 
 keep a register of such birth similar to that required to be kept by 
 persons who toay baptize, and shall make returns thereof to the 
 clerk of the peace, at the times and in the manngr hereinbefore 
 prescribed. 
 
 2. Any person neglecting to keep the register, or to make the Knes for neglect 
 returns as required by this chapter, and any clerk of the peace """'y- 
 neglecting to transmit such return as herein directed, shall for each 
 offence forfeit five pounds. 
 
 CHAPTER 124. 
 
 OE GUARDIANS AND WARDS. 
 
 Section 
 
 1. Guardians may be appointed by the father. 
 
 2. Guardians when and how appointed by 
 
 judge of probate. 
 
 3. Power of guardians. 
 
 Section 
 
 4. Bonds to be given ; theii- conditions. 
 
 5. Lettere how applied for and when granted. 
 
 6. Apprenticeships entered upon not affected 
 
 hereby. 
 
 1. The father of unmarried children under the age of twenty- Guardians may be 
 one years may by any instrument in writing, executed in the pre- faXr"'^* ^^ ""* 
 sence 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 where Guardians when 
 none have been appointed by the father, the next of kin to be ap- S by'^jud''|e°'o"t 
 pointed if any of them shall apply, unless on special cause shewn p™''*'^- 
 
 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 herein- 
 after specified. 
 
 3. All guardians appointed under the provisions of this chapter power of guar- 
 shall have the exclusive control of their wards, and may maintain '^*°'- 
 actions against any person who shall take them away or detain 
 
 them, and shall recover damages for their benefit. They may take 
 possession of all their property, 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. 
 ^ -^ 42 ^ 
 
330 
 
 Chap. 125. Sect. 1—2. 
 
 [part II. 
 
 Bonds to be gi- 
 ven ; their condi- 
 tions. 
 
 4. Every guardian appointed by the judge of probate, or nomi- 
 nated by 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 condition that he will faithfully manage 
 and dispose to the best advantage of the property of the minor 
 committed to his care, that he will not commit waste thereon, and 
 will render a just account thereof to the court of probate when re- 
 quired, and to the ward when he shall come of age. 
 
 5. No letters of guardianship shall be granted by any judge of 
 probate unless application therefor be made by the minor or some 
 near relation of his, or by the executors or administrators of an 
 estate in which the minor is interested ; 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. 
 
 6. The provisions of this chapter shall not affect any appren- 
 affected hereb "°^ ticcship which may legally have been entered into by or on behalf 
 
 Letters how ap- 
 plied for and 
 when granted. 
 
 Apprenticeships 
 
 affected hereby. 
 
 of any minor, or by any overseers or commissioners of the poor. 
 
 CHAPTER 125. 
 
 OF MASTERS, APPRENTICES AND SERVANTS. 
 
 Section 
 
 1. Minors may be bound as apprentices or 
 
 servants. 
 
 2. Under fourteen years, how bound. 
 
 3. Above fourteen, how bound. 
 
 4. Indenture to be of two parts, sealed and 
 
 certified in certain cases. 
 5 Custody of minor's part. 
 
 6. Overseers of poor may bind out pauper mi- 
 
 nors. 
 
 7. Terms of contract of indenture. 
 
 8. Minors how bound by overseers. 
 
 Section 
 9. Money, &c. paid or allowed by master to be 
 for the apprentice. 
 
 10. Duty of parents, guardians and overseers 
 
 respecting children bound out. 
 
 11. Proceedings for misconduct of master. 
 
 12. Healing, and power of justices to afford re- 
 
 dress. 
 
 13. Proceedings where complaint is dismissed. 
 
 14. Appeal for persons aggrieved. 
 
 15. Apprentice absconding or guilty of miscon- 
 
 duct, how punished. 
 
 Minors may be' 
 bound as appren- 
 tices or servants. 
 
 Under fourteen 
 years, how bound. 
 
 1. All children under the age of fourteen years may be bound 
 as apprentices or servants until that age, and all 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 mar- 
 riage, 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 bound by 
 their father, or in case of his death or incompetency, 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 appro- 
 bation of two justices of the peace. 
 
TITLE xxxiil] Chap. 125. Sbct. 3—12. 331 
 
 3. Minors above the age of fourteen years may be bound in Above fourteen, 
 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 of imjentuietobeot 
 two parts, sealed and delivered by both parties ; and when made Zl c'ertifled^^n^ 
 with the approbation of the justices of the peace, their approba- <=»taiii cases. 
 tion 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 of the Custody of mi- 
 minor by his parent or guardian when executed by them respec- 
 tively, and when made with the approbation of two justices of the 
 
 peace, it shall be deposited with the town clerk or clerk of the 
 peace, and be safely kept in his ofBce for the use of the minor. 
 
 6. The overseers of the poor may bind as apprentices or ser- overseers of poor 
 vants, the minor children of any poor person, who has become peTminorr ^™' 
 chargeable to the district, as having a lawful settlement 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 charge- 
 able 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 fourteen Terms of contract 
 years may be bound, females to the age of eighteen years, or to ''f""'™'"'^^- 
 the time of their marriage within that age, and males to the age of 
 twenty-one years ; and provision shall be made in the contract for 
 
 teaching such children to read write and cypher, and for such 
 other instruction, benefit and allowance, either within or at the end 
 of the term, as the overseers may think reasonable. 
 
 8. No minor shall be bound by the overseers unless by an Minors how 
 indenture of two parts, sealed and dehvered by the overseers and seers? ^^ "'^^ 
 by the master, one part of which shall be deposited with the town 
 
 clerk or clerk of the peace, and be safely kept by him for the use 
 of the minor. 
 
 9. All considerations of money or other things paid or allowed Money, &c. paia 
 by the master upon any contract of service or apprenticeship made masteTto b^e for 
 in pursuance of this chapter, shall be paid or secured to the sole ""* apprentice. 
 use of the minor thereby bound. 
 
 10. Parents and guardians, and overseers shall inquire into the Duty of parents, 
 treatment of all children bound by them respectively, or with their werse'erst te^ 
 approbation, and of all who shall have been bound by their prede- bound"?ut. ''"''' ™ 
 cessors in office, and defend them from all cruelty, neglect, and 
 
 breach of contract, on the part of their masters. 
 
 11. In case of any misconduct or neglect of the master, a com- Proceedings for 
 plaint may be made in writing by the parents, guardian, or over- Sas'ter.'^""' °' 
 seers, to any two justices of the peace for the county in which the 
 
 master resides, setting forth the facts and circumstances of the case, 
 and the justices, after having duly notified the master, shall proceed 
 to hear and determine the same. 
 
 12. After a full hearing of the parties, or of the complainants Hearing, ana 
 
332 
 
 Chap. 125. Sect. 13— 15. 
 
 [part II. 
 
 power of justices 
 to aflford redress. 
 
 Proceedings 
 where complaint 
 is dismissed. 
 
 Appeal for per- 
 sons aggrieved. 
 
 Apprentice ab- 
 sconding or guilty 
 of misconduct, 
 how punished. 
 
 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 exe- 
 cution accordingly, and the minor may be thereupon bound out 
 anew. 
 
 13. If the complaint shall not be maintained, the justices 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. 
 
 14. Any person feeling himself 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 county, and such ap- 
 peal shall be granted and determined in the same manner as in 
 civil suits. 
 
 15. If any apprentice or servant bound, as in this chapter, 
 shall unlawfully depart from the service of his master, or shall be 
 guilty of any gross misbehavior, or refusal to do his duty, or wil- 
 ful neglect thereof, any justice of the peace, upon complaint on 
 oath made to him hj the master, or by any one on his behalf, may 
 issue his warrant 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 offender to be returned 
 to his master, or may commit him to the common jail for a term 
 not exceeding twenty days, unless sooner discharged by his mas- 
 ter. 
 
TITLE XXXIV.] Chap. 126. Sect. 1—3. 
 
 333 
 
 PART III. 
 
 OF COUKTS AND JUDICIAL OFFICERS, AND PROCEEDINGS IN 
 SPECIAL CASES. 
 
 TITLE XXXIV. 
 
 OF COURTS AND JUDICIAL OFFICERS. 
 
 CHAPTER 126. 
 
 OF THE SUPREME COURT AND ITS OFFICERS. 
 
 Sect [ON 
 1. Powers of the supreme court. 
 3. Terms and return days of the supreme com'fc 
 in Halifax. 
 
 3. Sittings in other counties when held, &c. 
 
 4. Duration of terms or sittings. 
 
 5. When a judge shall not arrive the sheriff 
 
 shall give notice of attendance for the fol- 
 lowing day. 
 
 6. Sittings in Halifax after term, when and 
 
 how long to continue. 
 
 7. Powers of coiurt on last day of sittings ; 
 
 power of extending the sittings. 
 
 8. Prothonotary not to part with original pa- 
 
 pers without a judge's order. 
 
 Section 
 9. Deputy prothonotaries not to give certified 
 copies of papers unless by a judge's order. 
 
 10. Statements of fines to be fui-nished by the 
 
 prothonotaries on the first day of term, 
 and returns to be made, &c. 
 
 11. Calendar of criminal causes and depositions 
 
 to be sent to the grand jury -, indictments 
 when made out. 
 
 12. Prothonotai'ies not bound to issue execu- 
 
 tions till fees are paid. 
 
 13. Commissioners for taking afl&davits and re- 
 
 cognizances of bail, how appointed. 
 
 14. Powers of commissioners. 
 
 1. The supreme court shall have within this province the same Powers of the su^ 
 powers as are exercised by the courts of queen's bench, common ^^^^^ ^°^^' 
 pleas, and exchequer in England. 
 
 2. The supreme court shall sit three times a year in Halifax, Terms and return 
 viz : in Easter, Trinity, and Michaelmas terms, which terms shall preme Vo^tTn 
 respectively commence on the first Tuesday of April, the fourth Halifax. 
 Tuesday of July, and the fourth Tuesday of November, and each 
 
 term shall continue until all the causes for argument thereat shall 
 have been called, provided that no term shall extend beyond four- 
 teen days ; and there shall be two return days in each term, viz : 
 the first and second Tuesdays therein. 
 
 3. The supreme court shall sit twice a year in the other coun- 
 ties at the times and places following, viz : 
 
 Lu7ienburg. 
 
 At Lunenburg on the Thursday before the third Tuesday of 
 April, and on the third Tuesday of October. 
 
 Sittings in other 
 counties when 
 held, &c. 
 
334 Chap. 126. [part m. 
 
 Queens. 
 
 At Liverpool on the fourth Tuesday of April and second Tues- 
 day of October. 
 
 Shelburne. 
 
 At Shelburne on the second Wednesday after the fourth Tues- 
 day of April, and on the second Wednesday after the last Tues- 
 day of September. 
 
 Yarmouth. 
 
 At Tusket Village on the Tuesday next but one after the fourth 
 Tuesday of April. 
 
 At Yarmouth on the last Tuesday of September. 
 
 IIa7iis. 
 
 At Windsor on the first Tuesday of May and on the third Tues- 
 day of October. 
 
 Kings. 
 
 At Kentville on the second Tuesday of May and on the second 
 Tuesday of October. 
 
 Amiapolis. 
 
 At Annapolis on the third Tuesday of May and on the first 
 Tuesday of October. 
 
 Digby. 
 
 At Digby on the fourth Tuesday of May and on the last Tuesday 
 of September. 
 
 Cumberland. 
 
 At Amherst on the third Tuesday of June and on the first Tues- 
 day of October. 
 
 Colchester. 
 
 At Truro on the second Tuesday of June and on the second 
 Tuesday, of October. 
 
 Pictou. 
 
 At Pictou on the first Tuesday of June and on the third Tues- 
 day of October. 
 
 Cape Breton. 
 
 At Sydney on the first Tuesday of June and on the first Tues- 
 day of October. 
 
 Victoria {after the present year^. 
 
 At Baddeck on the second Tuesday of June and on the second 
 Tuesday of October. 
 
 Inverness. 
 
 At Port Hood on the third Tuesday of June and on the third 
 
 Tuesday of October. 
 
TITLE XXXIV.] Chap. 126. Sect. 4—9. 335 
 
 Richmond. 
 
 At Arichat on the fourth Tuesday of June and on the fourth 
 Tuesday of October. 
 
 Gvysborough. 
 
 At Guysborough on the Tuesday next after the fourth Tuesday 
 of June, and on the Tuesday next after the fourth Tuesday of 
 October. 
 
 Sydney. 
 
 At Antigonishe on the second Tuesday next after the fourth 
 Tuesday of June, and on the second Tuesday next after the fourth 
 Tuesday of October. 
 
 In each of these counties there shall be but one return day, viz : 
 the first day of the term. 
 
 4. The respective terms or sittings of the supreme court, in the Duration of terms 
 preceding section mentioned, shall continue so long as the business °'' sittings. 
 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 Satur- 
 day after the return day of such terms or sittings respectively. 
 
 5. In case any judge shall be prevented from arriving at the when a judge 
 place on the day appointed for holding the court, the sheriff shall the'sher'ffS 
 give pubhc notice at the court house that the court will meet on tenaa°ncffor°the'" 
 the following day ; and the sheriff shall continue to give such no- following aay. 
 tice from day to day for three successive days, unless the judge 
 
 shall in the meanwhile arrive. 
 
 6. There shall be three sittings after term held in each year at sittings in Halifax 
 Halifax, for the trial of all civil and criminal causes, viz: on the and' ^0™!™''''^ 
 third Tuesday of April, the second Tuesday after the fourth Tuesday continue. 
 
 of July, and the second Tuesday after the fourth Tuesday of No- 
 vember ; and such sittings respectively shall continue until all the 
 causes for trial shall have been called — provided that the sittings 
 after easter and trinity terms respectively shall not extend beyond 
 sixteen days. 
 
 7. On the last days of the sittings after term the judges shall Powers of court on 
 exercise the same powers as in term. Motions relating to the bu- ti'ngs' fywer'of 
 siness of the then sittings to have precedence, and in case of ne- ttog™''™^ "'^ ^" 
 cessity the judges may extend each of the sittings one day more 
 
 than the day intended to be the last day thereof 
 
 8. The prothonotary shall not permit any original paper to be Prothonotary not 
 taken out of his custody without a written order from a judge, nai papers wlfil- 
 which order shall be filed. _ S.' ^"'^''^ "- 
 
 9. The deputy prothonotaries shall not transmit original papers Deputy prothono- 
 to the officers in Hahfax without special order from a judge, but certiflea°co'piel'of 
 shall, when required by any suitor or his attorney, provide certi- ^^age's oX.''^ 
 fied copies to be used in place of the originals. 
 
336 
 
 Chap. 127. Sect. 1. 
 
 [PAET III. 
 
 Statements of 
 lines to be fur- 
 nished by the pro- 
 thonotaries on the 
 first day of term, 
 and returns to be 
 made, &c. 
 
 10. On the first day of each term the prothonotary and clerk 
 of the croTim shall make out and deliver in open court a correct 
 statement of all fines which shall have been imposed by the court 
 at the preceding term or sittings, together with a statement of all 
 such as have been collected and paid to him by the sherifi" since the 
 last preceding term, and he shall annually return to the board of 
 statistics a return in triplicate of all convictions had before, and of 
 all fines and forfeitures imposed by the supreme court, the amounts 
 collected and the appropriation thereof, under a penalty of five 
 pounds. 
 
 11. A calendar of the criminal causes shall be sent by the 
 clerk of the crown to the grand jury in each term, together with 
 the depositions taken in each cause, and the names of the difierent 
 witnesses ; and the indictments are not to be made out, except in 
 Halifax, until the grand jury shall so direct. 
 
 12. The prothonotary shall not be obhged to issue any execu- 
 tion until the fees and costs due him on th^ judginent are paid. 
 
 13. The commissioners for taking affidavits to hold to bail and 
 recognizances of bail in the several counties, shall be appointed by 
 
 vits and recosni- ,i . •i 
 
 zancesofbaii,how the govemor m council. 
 
 appointed. -^^ Such commissiouers shall have authority to allow writs of 
 
 certiorari, and also to take affidavits in causes depending in court, 
 and affidavits for holding to bail, and on which to found writs of 
 attachment, and of summons against absent or absconding debt- 
 ors, and specially to endorse writs in manner as now practised by 
 judges of the supreme court, and subject to the same rules. They 
 shall have the same power as the judges in relation to the render- 
 ing by bail of their principal, and they shall also have power to 
 take the examination of witnesses aged, infirm, or about to leave 
 the province, and to administer oaths to such witnesses. 
 
 Calendar of crimi- 
 nal causes and de- 
 positions to be 
 sent to the grand 
 jury ; indictments 
 when made out. 
 
 Prothonotaries 
 not bound to is- 
 sue executions till 
 fees are paid. 
 Commissioners 
 for taking afBda- 
 
 Powers of com- 
 missioners. 
 
 CHAPTER 127. 
 
 OF THE COURT OF CHANCERY. 
 
 Section 
 
 1. Practice in chancery, how regulated. 
 
 2. Power of court to make rules. 
 
 3. Attachments to what cases restrained. 
 
 4. Executions may issue to enforce payment 
 
 of money. 
 
 6. The master of the rolls to be responsible ad- 
 viser and judge of the court ; to sign or- 
 ders, &c. 
 
 6. Conveyances of land under decree. 
 
 Section 
 
 7. When a party ordered to execute an instru- 
 
 ment shall refuse, a master may execute it. 
 
 8. Pi'oceedings where some defendants are in, 
 
 and some out of the province. 
 
 9. Witnesses aged, or about to depart the pro- 
 
 vince, may be examined. 
 
 10. Oral examinations may be ordered. 
 
 11. Powers of masters extraordinary. 
 
 Practice in^ch^n^ 1. In all proceedings in the court of chancery, not regulated 
 ted.' by the practice thereof, the practice of the high court of chancery 
 
 in England shall be adopted. 
 
TITLE XXXIV.] Chap. 127. Sect. 2—11. 
 
 337 
 
 2. The court shall make such rules as they may deem expe- 
 dient for regulating the practice. 
 
 3. No writ of attachment or other process of contempt shall be 
 necessary in order to have a bill in the court taken pro cotifesso 
 The issuing of process of attachment shall be restrained to cases 
 where it shall be necessary to compel obedience to the order or de- 
 cree of the court. 
 
 4. For enforcing payment of any sum decreed to be paid, 
 writs of execution similar in form, and having the same effect as 
 those issued out of the supreme court, may be obtained. 
 
 5. The master of the rolls, except on appeals from his decisions, 
 and hearings thereon, shall be the responsible adviser and judge of 
 the court, and shall sign all orders and decrees made by him therein, 
 and the signature of the chancellor shall not be necessary for the 
 validity of any orders or decrees not made by himself; but all de- 
 crees to be enrolled, shall be signed by the chancellor. 
 
 6. All conveyances of land made in pursuance of any order or 
 decree of the court shall be effectual, when confirmed by the court, 
 for conveying such land, without the persons whose interests are 
 conveyed being made parties thereto. 
 
 7. When a party to a cause depending before the court shall 
 refuse, after an order has passed therefor to execute or acknow- 
 ledge an instrument, such instrument may be executed or acknow- 
 ledged by a master thereof, and when confirmed by the court shall 
 have the same efficacy as if made by the party refusing. 
 
 8. When there are two or more defendants, one or more of 
 whom are out of the province, then such as are within the juris- 
 diction of the court may be served with process ; and the procee- 
 dings and remedies pursued shall be assimilated as nearly as may be 
 to those in like cases in the supreme court. 
 
 9. Witnesses aged, infirm, or departing from the province, may 
 be examined under an order of the court, and the depositions taken 
 shall be evidence in any cause then pending. 
 
 10. The court may order the oral examination of witnesses. 
 
 11. Masters extraordinary shall have power to administer oatlis 
 to all persons answering or making affidavits to be used in the 
 court, and shall also act as examiners of the court. 
 
 Power of court tu 
 make rules. 
 
 Attachments, to 
 what causes re- 
 strained. 
 
 Executions ma.v 
 issue tu enforce 
 ]);iyment of mo- 
 ney. 
 
 The master of the 
 rolls to be respon- 
 sible adviser and 
 .iudge of tlie 
 court ; to sign or 
 iters, &c. 
 
 Conveyances of 
 lima under de- 
 cree. 
 
 When a party oi-- 
 dered tn execute 
 an instrument 
 sliall refuse, a 
 master may ex- 
 ecute it. 
 
 Proceeding's 
 where some de- 
 fendants are in, 
 and some out of 
 tlie province. 
 
 Witnesses aged, 
 oi-a)iout to dejiai-t 
 tlie province 
 may be examined. 
 
 Oral examina- 
 tions may be or- 
 dered. 
 
 Powers of masters 
 extraordinary. 
 
 CHAPTER 128. 
 
 OF THE COURT OF MARRIAGE AND DIVORCE. 
 
 Section 
 
 1. Of the president and vice president of the 
 
 court of marriage and divorce. 
 
 2. Vice president's duty. 
 
 3. Court, how constituted. 
 
 4. Jurisdiction of the court* 
 
 43 
 
 Section 
 
 5. Of the examination of witnesses, and the 
 
 sentence of the court } its power over 
 costs. 
 
 6. Power of the court to enforce its sentence. 
 1. Rules, orders, &c., how signed. 
 
338 
 
 Chap. 128. Sect 1—7. Chap. 129. Sect. 1. [part m. 
 
 of the president 
 and Vict: president 
 of the fijurL of 
 marriiiire and di- 
 vorce. 
 
 Vice president's 
 ilutv. 
 
 Court, how con- 
 stituted. 
 
 Jurisdiction of 
 the court. 
 
 Of tlie examina- 
 tion of witnesses, 
 and the sentence 
 of the court 5 its 
 power ovr costs. 
 
 Power of the court 
 to enforce its sen- 
 tence. 
 
 Kules, orders, kc. 
 how signed. 
 
 1. The governor shall be president of the court of marriage 
 and divorce, and shall appoint, by warrant under his hand and 
 seal, the chief justice, the master of the rolls, or any one of the 
 judges of the supreme court, to be vice president thereof 
 
 2. The vice president shall sit as a member of the court when 
 the governor is present, and shall preside in his absence. 
 
 3. The court shall consist of the president, vice president, and 
 the members of the executive council : but the vice president and 
 any two members of the council shall constitute a court. 
 
 4. The court shall have jurisdiction over all matters relating 
 to prohibited marriages and divorce, and may declare any marriage 
 null and void for impotence, adultery, cruelty, pre-contract or kin- 
 dred 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, and when- 
 ever 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. 
 
 5. The court may direct the examination of witnesses orally, 
 and declare, by definitive sentence or otherwise, the marriage be- 
 tween the parties in the suit to be null and void from such time as 
 the court may deem proper, and may allow costs and alimony to 
 the wife during the suit and upon its termination, and may award 
 costs to either of the parties. 
 
 6. The court may enforce the performance of any 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. 
 
 7. The rules, orders, process and other proceedings of the 
 court, may be signed by the registrar, and the signature of the 
 president or vice president shall not be necessary unless the court 
 shall otherwise order. 
 
 CHAPTER 129. 
 
 OF THE COURT OF ESCHEAT. 
 
 fcRCflON 
 
 1. Notice of Inquest of office, how given. 
 
 2. Inquisitions where to be returned j traver- 
 
 salile in supreme court. 
 
 Section 
 
 3. Tenant neglecting to give landlord infol'hia- 
 
 tion of notice served. 
 
 4. Escheated lands when to be granted. 
 
 Notice of inqnest 1. Beforc any inquest of office shall be made, notice thereof 
 ven° '" '"" '^'" shall be given in the royal gazette, a copy of which notice shall be 
 
TITLE XXXIV.] Chap. 129. Sect. 2—4. 
 
 339 
 
 fixed at the door of the court house, and in three other public 
 places of the county in which the land is situate, and if any person 
 be living on the lands, a copy of the notice shall also be delivered 
 to him at least three months before the inquest. 
 
 2. One part of every inquisition shall be returned into the 
 office of the surveyor general, and any inquisition may be traversed 
 in the supreme court, having been previously removed thereto by 
 order of a judge. 
 
 3. If any tenant shall wilfully neglect to give information of 
 the notice to his landlord, in case he shall be within the province, 
 or to his known attorney or agent, in case he shall be absent there- 
 from, he shall forfeit one hundred pounds, to be recovered by the 
 party injured. 
 
 4. No lands escheated shall be granted to any person before 
 the expiration of one year from the day of the inquest, except to 
 the original owner. 
 
 IiKjuisiUoris 
 where lo be re- 
 turned ; traversa- 
 ble ill supreme 
 court. 
 
 Tenant ueslecting 
 to give landlord 
 information of no- 
 tice served. 
 
 Eselieated land.-, 
 when to lie gran- 
 ted. 
 
 CHAPTER 130. 
 
 OF THE PROBATE COUKT, 
 
 Section 
 
 1. Judge and registrar, how appointed and 
 
 sworn. 
 
 2. Judge of codnty where deceased last dwelt, 
 
 to grant probate, &c. 
 
 3. Probate, &c. where granted when deceased 
 
 lived out of the province. 
 ■i. Real estate may be ordered by judge to be 
 divided or set off to the eldest children in 
 succession. 
 
 5. Divisions and valuations to be by five sworn 
 
 freeholders. 
 
 6. Plans may be ordered by judge. 
 
 7. License for sale, mortgage, or letting of real 
 
 estate where personal property insuflicient 
 to pay debts, &c. 
 
 8. License to be in force for one year only. 
 
 9. License to be entered and registered ; cer- 
 
 tified copy to be evidence. 
 
 10. Security for license to be given by bond. 
 
 11. In case the executor, &c. shall not give the 
 
 security, the judge may appoint another 
 person to act. 
 
 12. Undevised real estate, if any, to be sold, 
 
 first for payment of debts, legacies, &c. 
 
 13. Judge empowered to issue compulsory pro- 
 
 cess, and to punish for contempt. 
 
 14. Letters ad coUig-endum how grantctl. 
 
 15. "Where judge interested to a certain amount 
 
 the cas? to be transferred to the ijext coun- 
 ty- 
 
 Section 
 
 16. Judge nor registrar to be of counsel with 
 
 any party. 
 
 17. llegistrar to have the charge of books, &c. ; 
 
 temporary registrar, how appointed. 
 
 18. Different books to be kept by registrar 
 
 19. Oatlis to be subscribed in writing. 
 
 20. Wills, how registered. 
 
 21. "VVJUs, when and how taken from the office. 
 
 22. Decrees to be filed and registered. 
 
 23. Letters of guardianship, &c. to be registered, 
 
 24. Apphcations for probate or letters of admi- 
 
 nistration, how made ; acts and orders to 
 be in writing. 
 
 25. Verbal apphcations, how made. 
 
 26. Applications for filing and recording wills 
 
 proved out of the province, liow made ; 
 proceedings thereon. 
 
 27. Eights of parties without tlie province to be 
 
 reserved in applications for administra- 
 tion, &c. 
 
 28. Compulsory process, how directed. 
 
 29. Proceedings where executor, &c. required 
 
 to render an account ; citations, how 
 served, their form, &c. 
 
 30. Citations on final settlement, to whom di- 
 
 rected. 
 
 31. Who may serve citations ; service, how 
 
 verified ; expense, how borne. 
 
 32. All persons interested may contest the final 
 
 settlement. 
 
340 
 
 Chap. 130. • Sect. 1—3. 
 
 [part III. 
 
 ' 3o. Executors, &c. to produce vouchers ; may 
 be examined upon oath ; sums under forty 
 shilling's, liow vouched. 
 
 34. Parties may file papers and advocate their 
 own causes. 
 
 :jo. Testimony to prove a will or touching a con- 
 troversy to be in writing and filed. 
 
 oG. "Wills, liow proved where witness distant, 
 absent, or sick. 
 
 37. Hearings may be adjourned ; auditors ap- 
 pointed. 
 
 '■'S. Final settlement and allowance of account, of 
 what parts it shall be conclusive evi- 
 dence. 
 
 .39. Costs, how allowed, taxed, and recovered ; 
 review of taxation provided. 
 
 40. Value of estates as to fees, how estimated 
 
 in the first instance. 
 
 41. Appeals to chanceiy or supreme court pro- 
 
 vided i time and manner of appeal ; bond 
 
 wlieri to be tiled. 
 4J, Judge to transmit appeal ; copies of papers, 
 
 Sec. to tlte court of appeal. 
 4:5. Court of appeal may enforce return of papers 
 
 on neglect of judge. 
 
 44. On special cause shewn appeals may be al- 
 
 lowed within six months after the ordinary 
 time lias elapsed. 
 
 45. Costs may be allowed by the court of ap- 
 
 jjeal, and execution may issue ; bonds 
 how and wiien to be presented. 
 
 46. Feigned issues may be ordered. 
 
 47. The court of chancery may order a case for 
 
 the opinion of the supreme court. 
 43. Forfeiture for executors' neglect to prove a 
 
 will. 
 49. Administration with the will annexed may 
 
 be granted where the executor refuses to 
 
 act. 
 30. An executor may be ordered to give bonds 
 
 upon a complaint of waste. 
 
 51. Administration, to whom granted, and in 
 
 what order. 
 
 52. An administrator of a person dying out of 
 
 the province applying for administration 
 within it to be preferred. 
 
 Section 
 
 53. A previous executor, &c. may be cited by 
 
 his successor to account, &c. 
 
 54. Administrator to give bonds. 
 
 55. Inventory to be filed within three montlis. 
 
 56. Further inventories may be filed. 
 
 57. Fine for neglecting to file inventory, how 
 
 and by whom recoverable. 
 
 58. Articles to be omitted from inventory. 
 
 59. Warrants of appraisement, when and how 
 
 issued ; appraisers' fees. 
 
 60. When property in different places thej'e 
 
 may be two or more inventories j warrant 
 to be filed with the inventory. 
 
 61. Appraiser's oath, before whom to be sworn ; 
 
 certificate to be on the wai-rant. 
 
 62. Executors, &c. to advertise in the royal ga- 
 
 zette ; accounts to be tested according to 
 fonn ; cases of informal attestation pro- 
 vided against. 
 
 63. Executor, &c. a creditor to file account one 
 
 month before distribution. 
 
 64. Naming a debtor executor shall not extin- 
 
 guish a debt. 
 
 65. Executor, &c. after eighteen months to pay 
 
 all debts and make distribution. 
 
 66. Estates, when and how declared insolvent ; 
 
 order of insolvency may be pleaded -, 
 power of judge to adjust claims on peti- 
 tion } appeals in such cases. 
 
 67. Order of distribution j preferential claims, 
 
 &c. 
 
 68. Blortgages and judgments and other claims 
 
 when not affbcted by the last section. 
 
 69. Notice of sale of real estate by license, how 
 
 given. 
 
 70. Executor may adjourn sale if advisable ; 
 
 notice of adjournment to be given. 
 
 71. Aifidavit of executor, &c. ; evidence of sale. 
 
 72. Deeds, &c. to be as efiectual as if made by 
 
 deceased. 
 
 73. Commissions to executors, &,c,, how ad- 
 
 justed. 
 
 74. A specific legacy as compensation to an 
 
 executor, unless renounced, shall be in lieu 
 of commission. 
 
 75. Forms to be as in schedule. 
 
 Judge and regis- 
 triir, liow ap- 
 j)oiiited and 
 sworn. 
 
 .Kulgc of couiily 
 wliere dectiised 
 last dwelt to grant 
 piijliate, &c. 
 
 Probatn, &c. 
 where gratitcil 
 when ileceayfd 
 lived out of the 
 province. 
 
 1. The judge and registrar of probate in each county, shall be 
 appointed by the governor in council, and hold office during plea- 
 sure, and shall be sworn before a judge of the supreme court or the 
 custos of the county. 
 
 2. The judge of probate for the county -wherein the deceased 
 last dwelt shall have power to grant letters testamentary or letters 
 of administration of his estate. 
 
 o. When the deceased shall die out of the province, the judge 
 of probate for the county wherein any estate of such deceased 
 person may lie, if letters testamentary or letters of administration 
 have not been previously granted Avithin this province, shall have 
 power to grant the s^^me. 
 
TITLE XXXIV.] Chap. 130. Sect. 4—11. 341 
 
 4. The judge of probate may order the real estate of the tes- Real estate may 
 tator or intestate wherever situate -within the province, to be divi- ju<°gc ti^L divi- 
 ded. Where such division cannot be made without great preju- fhe ewest chif- '° 
 dice to the whole estate, he may order the whole to the eldest son, <).i<^n i° ™'^'^'=^- 
 and on his refusal, to the other sons successively, and, on their re- 
 fusal, to the eldest and other daughters in like succession, such son 
 
 or daughter paying to the other children their shares of the value 
 of such estate, or giving satisfactory security for the payment 
 thereof with six per cent interest thereon. Where there shall be 
 a claim for dower, or the widow shall claim any undivided share or 
 right devised by will, the judge of probate shall have power to 
 order the same to be assigned and set oflF. 
 
 5. All divisions and valuations of real estate under an order Divibions ami va- 
 of the judge of probate, shall be made by five disinterested free- fivVswovn'frae-^^ 
 holders, to be appointed by the judge for that purpose, who shall '"''*^''^- 
 
 be sworn to the faithful discharge of their duty. No such valua- 
 tion or division shall be valid unless three at least of the persons 
 so appointed and sworn shall concur therein, and the judge shall 
 approve thereof. 
 
 6. Where such division is made the judge may, if necessary, Hans may be or- 
 order a surveyor to prepare a plan to be filed with the registrar. "'^'^ y judge. 
 
 7. In case the personal estate of the deceased shall be found License for saie, 
 by the judge on afiidavit insuflScient for the payment of his debts "ng S rciresute 
 and legacies, such judge, upon security being given by the admi- propei.t'y'tas"iifli- 
 nistrator or executor, to account for the proceeds of the sale or the ';'«;'" '? p*y 
 
 ,.,- '. 1-1 I'T debts, &c. 
 
 sum obtained by mortgaging or leasing the same, may, at ms dis- 
 cretion, 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. 
 
 8. No such license shall be in force more than one year after License to be in 
 
 ■ 1 i* j.T_ i^ force for one year 
 
 the grantmg thereor. only. 
 
 9. Every license shall be entered in the registrar's book, and ucensetobe en- 
 a copy thereof duly certified by the judge or registrar shall be telea ;™ rimir 
 registered in the office of the registrar of deeds for the county or So'." '"^ "'" 
 district in which the real estate may he, and such certified copy, 
 
 or a copy thereof from the registry certified under the hand of 
 such registrar of deeds, shall be evidence of such license in all 
 courts, without further proof. 
 
 10. The security to be given by any executor or administrator security for ii- 
 before the granting of such license, shall be a bond to the judge by bond. " ^'"^ 
 of the court of probate in a sufficient penalty with two sureties to 
 
 be approved by him, the bond to be in the form in the schedule. 
 
 li. In case any executor or administrator shall not give such in case the e.xe- 
 security within a reasonable time, the judge may, on the applica- not™i've"t'he sccu- 
 tion of any person interested, order such executor or administra- J^ly'appofn'l^auo- 
 tor having been first duly cited, to give such security within a ;■'«'' p'=''sou to 
 period in the order to be named ; and if such executor or admini- 
 strator without sufficient cause shall neglect so to do, the judge 
 
342 
 
 Chap. 130. Sect. 12—20. 
 
 [part in. 
 
 Undevised real 
 estate, if uny, to 
 be sold fii'St lor 
 payment of dcl)ts, 
 le";acies, &u. 
 
 .Tuilge empow- 
 ered to issue eom- 
 pulsory proeess, 
 and to punish for 
 
 f.'ontemiit. 
 
 Letters nd rnlh- 
 Zfiidu/n, how 
 sranted. 
 When judge in- 
 terested to a eer- 
 tain amount the 
 ease to be trans- 
 ferred to tlic next 
 eounty. 
 
 Judge nor regis- 
 trar tobeof eoun- 
 sel with any 
 party. 
 
 Registrar to have 
 the eharj-'e of 
 books, &e. ; tem- 
 porary registrar, 
 linw appointed. 
 
 Different boolts to 
 be kejit by regis- 
 trar. 
 
 Oaths to l)e suli- 
 seribed in wri- 
 ting. 
 
 "Wills, how regis- 
 tered. 
 
 may appoint some other person interested in the estate, to act as 
 administrator for the sale of the real estate and appropriation of 
 the proceeds, upon his giving the security required. 
 
 12. When any part of the real estate of the testator has been 
 undevised, and the personal estate shall be insufficient for the pay- 
 ment of debts, legacies and expenses, the undevised real estate 
 shall be first sold, unless it shall appear from the Tvill that a dif- 
 ferent 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 Avith the provisions of the will. 
 
 13. The judges of probate shall have power to issue such pro- 
 cess as may be necessary for the discharge of the trust reposed in 
 them, and also to issue subpoenas to compel the attendance of wit- 
 nesses and the production of papers material to any inquiry pend- 
 ing before them. The party refusing or neglecting to obey such 
 process may be punished as in a court of law for a contempt, and 
 all such process shall be executed by the officer to whom it is di- 
 rected. 
 
 14. No letters ad colligendum shall be granted by the judge 
 without due security being first taken. 
 
 15. When the judge of probate shall be interested in the estate 
 of the deceased as heir, legatee, debtor or creditor, to the extent of 
 two hundred pounds and upwards, or as executor or administrator, 
 or when a person so interested, after proceedings have been had 
 before the court of probate, shall be appointed judge thereof, the 
 case shall be transferred to the probate court of the next adjoining 
 county, and shall there be disposed of and settled ; and so soon as 
 such estate shall be settled, the judge shall transmit to the court of 
 probate where the deceased last dwelt, a certified copy under his 
 hand and the seal of his court, of his proceedings therein, and such 
 proceedings shall be entered and recorded in the books of registry 
 of the court to which they are so transmitted. 
 
 16. No judge or registrar shall be directly or indirectly em- 
 ployed, 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 judge or registrar. 
 
 17. The registrar shall have the care and custody of all papers 
 and books to the probate office belonging, and in case of the death, 
 sickness, or necessary absence of the registrar, the judge may ap- 
 point and swear into office some fit person to officiate in his stead 
 until the standing registrar shall be able to attend his duty, or 
 until a new one be duly appointed. 
 
 18. The registrar shall keep a book for the registration of 
 wills, a book for the registration of decrees and orders of sale of 
 real estate, a book of acts or a book containing a short abstract of 
 the proceedings of the court, properly indexed. 
 
 19. Every oath administered to an executor or administrator 
 on entering into office shall be subscribed in writing. 
 
 20. In the book for the registration of wills all original 'wills 
 
TITLE XXXIV.] Chap. 130, Sect. 21—30. 343 
 
 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. 
 
 21. No judge of probate shall permit an original will to be in wiiis, when and 
 any case taken out of the province, or to be removed from the offiL.''''"'" ''"" 
 ofiS.ce but for the purpose of being produced in the court of chan- 
 cery or the supreme court, and then only on security being taken 
 
 for its safe custody and return. 
 
 22. All decrees are to be regularly filed and registered. fifed Indreg'il- 
 
 23. All letters of guardianship and letters ad colli s:e?iduin are t'^','^''- , 
 
 , . , ^ ^ ^ Letters of guar- 
 
 to be registered. dianship, &c. to 
 
 24. All apphcations for the probate of wills or letters of ad- App'ikStons'foi- 
 ministration may be made either verbally or in writing ; all other oradminwratio" 
 oflficial acts and orders shall be in writing. how maje -, acts 
 
 25. Where such appUcation is verbal it shall be made to the in wHUng? 
 registrar of the court of probate at his oflfice, who shall thereupon donsfhow''made. 
 enter such appUcation in the act book, and shall, upon such entry 
 
 being signed by the party making such application, submit the 
 same to the judge for his_^a^ thereon. 
 
 26. Whenever apphcation shall be made to a judge of probate Applications for 
 for filing and recording a copy of a will proved without the pro- Sio^wlns pm™i 
 vince, the testator having real or personal property within his iuris- °"' °^}-^^ '""" 
 
 J. . 1 1 11 T 1 • 'IT • ■ 1 vince, how made; 
 
 diction, he snail order the registrar to give public notice in the proceedings 
 royal gazette newspaper at Hahfax of the application and of the "'*^''™"' 
 time and place when the apphcation will be heard. 
 
 27. In all cases of application for letters of administration or nights of parties 
 probate when the party or any one of several parties entitled to y'nceto be re?™" 
 administration or probate is without the province, the judge shall served in appuca- 
 reserve the right of such absent person, but shall proceed notwith- stration, &c. ' " 
 standing. 
 
 28. All compulsory process shall be directed to the sheriflf or compulsory pro- 
 his deputy, or to the coroner. fl^'- ■>"" ''"■'■'^'- 
 
 29. Upon being required by the judge of probate to render an proceedings 
 account, the executor or administrator may apply to the judge for Ic."requ1red°to 
 a citation requiring the creditors and next of kin of the deceased, ™™Jf'. ^^."tgj?^"^^ 
 and the legatees if any, to appear before him on a day therein to how served, their 
 be specified, and to attend the settlement of such account ; such '^°™' '^' 
 citation shall be served personally on all those to whom it shall be 
 
 directed living in the county of the judge, at least fifteen days 
 before the return thereof, and upon those living out of the county, 
 or whose residence may be unknown, either personally fifteen 
 days previously, or by publishing the same in the royal gazette at 
 least four weeks before the return thereof The citation to be in 
 the form in the schedule. 
 
 30. It shall not be necessary to serve any citation preparatory citations on enai 
 to the final settlement of an estate upon any creditor whose debt whom directed. 
 shall have been paid, nor upon any legatee or next of kin, unless 
 
 the judge of probate shall order such service and shall in such 
 order name the parties to be so cited. 
 
344 
 
 Chap. 130. Sect. 31—38. 
 
 [part III. 
 
 Who may serve 
 citations ; service 
 how verified ; 
 expense, how 
 borne. 
 
 All persons in- 
 terested may con- 
 test the final set- 
 tlement. 
 
 Executors, &c. to 
 produce vouch- 
 ers •, may be e.xa- 
 mined upon oath; 
 sums under forty 
 shillings, how 
 vouched. 
 
 Parties may file 
 papers and aflvo- 
 i:ate their own 
 causes. 
 
 Testimony to 
 prove a will or 
 touching a con-,^' 
 troversy to be in 
 writing and filed. 
 Wills, "how proved 
 when witness dis- 
 tant, absent, or 
 sick. 
 
 Hearings may be 
 adjourned ; audi- 
 tors appointed. 
 
 Final settlement 
 and allowance of 
 account, of what 
 facts it shall be 
 conclusive evi- 
 dence. 
 
 31. Any literate person may serve such citation, and an affida- 
 vit in writing of the service having been regularly made, by the 
 person serving the same, taken before the judge or registrar or 
 any justice of the peace, and filed in the registrar's office, and 
 specifying the time and place of service, shall be sufficient, the 
 expense of which service shall be borne by the party at whose 
 instance the same was granted or paid out of the estate, as the 
 judge may direct. 
 
 32. Any person interested in the estate of the deceased may 
 attend the settlement of such account and contest the same, and 
 may obtain from the judge process to compel the attendance of 
 witnesses. 
 
 33. On making his account, every executor or administrator 
 shall produce vouchers for all debts and legacies paid, and for all 
 funeral charges and expenses ; and such executor or administrator 
 may be examined upon oath by a master in chancery under an 
 order of the court or by the judge of probate, touching any pro- 
 perty or effects of the deceased which have come to his hands or 
 knowledge, and the disposition thereof, and such executor or ad- 
 ministrator may be allowed any item of expenditure not exceeding 
 forty shillings, for which no voucher is produced, if such expendi- 
 ture be supported by his own oath positively to the fact of pay- 
 ment, specifying when and to whom the same was paid, and such 
 oath being uncontradicted. 
 
 34. It shall not be necessary in any case for a party to em- 
 ploy a proctor or advocate in the court of probate, but every party 
 may prepare and file his own papers, and advocate his own cause 
 therein. 
 
 35. The testimony adduced before any judge of probate in re- 
 lation to the proof of any will, or in any controversy before him, 
 shall be reduced to writing and filed. 
 
 36. When any will shall be offered for probate, and the wit- 
 nesses live out of the province, or more than thirty miles distant, 
 or by reason of age or sickness are unable to appear and give evi- 
 dence 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. 
 
 37. Any hearing may be adjourned from time to time as shall 
 be necessary, and the judge may appoint one or more auditors to 
 examine the accounts before him and to make report thereon under 
 oath, subject to his confirmation, and may make a reasonable al- 
 lowance to such auditors, to be paid out of the estate. 
 
 38. The final settlement of the account and the allowance 
 thereof by the judge, or upon appeal, shall be conclusive evidence 
 against all creditors, legatees, next of kin of the deceased, and all 
 persons in any way interested in the estate upon whom the citation 
 shall have been served, either personally, or by pubhcation as 
 herein directed, of the following facts ; 
 
TITLE XXXIV.] Chap. 130, Sect. 39— .43.^ 345 
 
 . First. — That the charges made in such account for monies paid 
 to creditors, to legatees, to the next of kin, and. for necessary ex- 
 penses, are correct. 
 
 Second. — That such executor or administrator has been charged 
 all the interest for monies received by him and embraced in his 
 account, for which he was legally accountable. 
 
 Third. — That the monies stated in such account as collected, 
 were all that were collectable on the debts stated in such accounts 
 at the time of the settlement thereof. 
 
 39. The judge shall tax and award such costs as are allowed by costs, how aiiow- 
 law, to be paid by the party against whom the decision may be covered'^'rewew" 
 made in any matter contested before the court, and if against the «" taxation pro- 
 executor or administrator, to be paid out of his own estate or out 
 
 of the estate of the deceased, as may be just and proper, which 
 taxation and order shall have the like effect as a judgment in a 
 court of record, and execution may be issued by the judge in the 
 form in the schedule. Any such taxation or order may be re- 
 viewed by the court of chancery or the supreme court, or by any 
 judge at chambers, upon notice given to the party in whose favor 
 the taxation and order may be made, without any appeal being en- 
 tered and perfected, and such order made therein as to such court 
 or judge shall seem just and proper. 
 
 40. The value of an estate in reference to the fees payable vaiae of estates 
 thereon shall be ascertained in the first instance by the oath of the rimated^ln'th"^" 
 administrator or executor to his belief of the value thereof, to be ''"''^' instance. ^ 
 regulated however eventually, by the actual amount. 
 
 41. Any person may appeal from any order, sentence, decree. Appeals to chau- 
 or denial of the judge of probate, to the court of chancery, or to the court^provwed"; 
 supreme court at its next sitting in the same county, wliich courts o™app"eaiT™™d 
 shall have power to confirm, alter or reverse the same, and the ap- "'"'" '" belied. 
 pellant shall within thirty days from the making of such order, 
 
 sentence, decree or denial, enter his appeal, and file in the registi-y 
 of the court of probate a statement of the grounds on which the 
 appeal is sought, and also, within ten days thereafter, shall file a 
 bond to the judge, with two sureties to be approved by him, in 
 the penal sum of sixty pounds conditioned for the payment of such 
 costs as may be awarded against him upon such appeal, and such 
 appeal when so perfected shall be a stay of proceedings. 
 
 42. Upon the appeal being perfected and the fees for making Judge to transmit 
 the copies hereafter mentioned being paid, the judge of probate papere,'&c°.'toti°i 
 shall immediately transmit to the court in which the appeal is to ™'"'' "f appeal. 
 be heard and determined, a copy of the appeal and of all such pa- 
 pers, documents and testimony as shall be ordered by the court or 
 
 any judge thereof at chambers, on the subject of the appeal, with a 
 statement of the decision made by him, certified under his hand or 
 that of the registrar. 
 
 43. If upon the appeal having been perfected and the fees court of appeal 
 allowed in the previous section tendered, the judge of probate shall S o? papa' on 
 neglect to transmit the appeal and papers connected therewith to "<;s'«tof judge. 
 
 44 
 
346 Chap. 130. Sect. 44—50. [part ra. 
 
 the court ■wherein the appeal is to be heard and determined, on due 
 proof thereof the court may proceed to enforce the return by attach- 
 ment as for a contempt. 
 On special cause 44. The court of chanccry, supreme court, or any judge at 
 may be allowed chambers, upon special cause shewn at any time -within six months 
 Iterthe orTna^ after the time limited for entering and perfecting an appeal, may 
 time has elapsed, allow au appeal upon such terms as may seem just, in which case 
 the same proceedings shall be had as if the appeal had been origi- 
 nally entered in the court of probate. 
 Costs may be ai- 45_ The court in which the appeal is heard may direct the 
 court of appeal, costs thereof to be paid personally by the parties against whom 
 mlfyissueTtands such costs shall bc awarded, or out of the esta.te which may be the 
 brTOecuteT '° subject of appeal. The payment of the costs may be enforced 
 against the appellant by execution or suit on the bond, and against 
 other parties by execution, but no such suit on the bond shall be 
 commenced without the order of the court of appeal or a judge 
 thereof. 
 Feigned issues 46. The court of appeal when any matter of fact shall arise 
 may be ordered. ^^^^ j£ ^^^^ think fit. Order a feigned issue to be made up, and 
 prescribe the manner of making the same, and direct the county 
 in which the same shall be tried, and shall have power to grant 
 new trials thereof, and to order by whom, and in what manner the 
 costs attending the determination of the issue shall be paid : the 
 final determination of such issue shall be conclusive as to the facts 
 * therein controverted. 
 
 The court of Chan- 47. When the court of chancery shall be the court of appeal, 
 cS for'^the'' opi'^ ^^^ ^ question of law shall arise, the court may order a case to be 
 Dion of the su- gtatcd for the opinion of the supreme court, and may make such 
 
 "Drsixi^ court. x ^ */ 
 
 order as to the costs attending the determination thereof as it shall 
 deem proper. The judges of the supreme court after the case has 
 been fully argued, shall certify their opinion thereupon to the court 
 of chancery. 
 Forfeiture for ex- 48. Any exccutor kuowiug of his being named as such, and 
 to"proYeTwnf neglecting without sufBcient reason to cause the will to be proved 
 and recorded in the probate court of the proper county, or to pre- 
 sent such will and declare his refusal of the executorship, shall 
 forfeit, after the lapse of the first month, five pounds for every 
 month he shall neglect his duty therein, which may be recovered 
 to his own use by any person having an interest in the estate of 
 the deceased in an action of debt. 
 Administration! 49. Upon the rcfusal of the executor to accept the trust, the 
 nexed'maybe™' j^^^g^ ^^ probato shall commit administration of the estate with the 
 Secuto """eP ^^^^ annexed to those who would have been entitled to the admini- 
 to act. stration thereof, if the deceased had died intestate. 
 
 An executor may 60. The court of chauccry or court of probate may, if they 
 bonds'^up™" a "'^ ^^^^^ think fit, upon summary application and upon due proof that 
 complaint of the cxccutor is wasting the estate, order the executor to give secu- 
 rity for the performance of his duty : and, if he shall not obey 
 such order, shall cancel bis authority, and the court of probate 
 
TITLE XXXIV.] Chap. 130. Sect. 61—56. 347 
 
 shall thereupon appoint another executor who shall have full au- 
 thority to proceed with the settlement of the estate. 
 
 51. Administration of an intestate estate shall be granted to Administration, 
 some one or more of the persons hereinafter mentioned, and they and iTSt '^ ' 
 shall respectively be entitled thereto in the following order : '"^'^'"' 
 
 First. — The widow or next of kin, or both, as the judge of pro- 
 bate 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 shall fail without sufficient 
 cause, to take out administration, within thirty days after the de- 
 cease of the intestate, the judge of probate shall commit it to one 
 or more of the principal creditors, if competent and willing to 
 undertake the trust, or to any other person on the application of 
 one or more of the creditors duly proved to be such, as he shall 
 think fit. 
 
 Thirdly. — If the deceased were a married woman, administra- 
 tion of her estate shall be granted to her husband, if willing to 
 undertake the same, unless she shall by force of a marriage settle- 
 ment, or other lawful power, have made some testamentary dispo- 
 sition of her separate estate, or some other provision which shall 
 render it necessary or proper to appoint some other person to ad- 
 minister her estate. 
 
 52. When administration of the estate of any person dying out An administiator 
 of the province shall have been granted in the place where the de- out'oTthTpro-"^ 
 ceased was last domiciled out of the province, and the person to ]lTliS&yi- 
 whom the same was granted shall applv to have administration of ''°° "i*'" >' '" 
 such part of the estate as may be within the province, he shall be 
 preferably entitled thereto, and the administration to him granted 
 
 by the judge of probate shall supersede any other administration 
 thereof 
 
 53. When the authority of an executor or administrator shall a previous exe- 
 cease he may be cited to account before a judge of probate, at the cM'by hTsuc- 
 instance of the person succeeding to the administration of the es- ™ssor to account, 
 tate. 
 
 54. Every administrator shall, before entering on the execution A.dminiatrator to 
 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 an- 
 nexed schedule. 
 
 55. The executor or administrator to whom letters testamentary inventory to be 
 or letters of administration shall have been granted, shall within moaths."™ '^^^ 
 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 de- 
 ceased, which shall have come to his possession or knowledge. 
 
 56. If any real or personal estate of the deceased shall come to Further invento- 
 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. 
 
whom recove- 
 rable. 
 
 348 Chap. 130. Sect. 67—62.' [part hi.' 
 
 Tine for neglect- 57. Any exGCutor or axiministrator neglecting to file such in- 
 toiT!"how and™y vcntory after having been duly cited to file the same, shall forfeit 
 five pounds for each month's neglect ; to be recovered by any per- 
 son having an interest in the estate of the deceased, in an action of 
 debt. 
 Articles to be 58. In making such inventory, the following articles shall be 
 
 omitted from m- . - _ - ^,o J ^ o . . ^ 
 
 ventory. omittcd, and shall not be considered as assets, nor be administered 
 
 as such, notwithstanding the estate of the deceased should be in- 
 solvent, viz : 
 
 First. — All the paraphernalia and articles of apparel or orna- 
 ment of the widow, according to the degree and estate of her hus- 
 band, and also the apparel of the minor children. 
 
 SecoiuHij. — The wearing apparel of the deceased not exceeding 
 ten pounds in value, which shall be distributed at the discretion of 
 the executor or administrator, among the family of the deceased. 
 
 Thirdly. — Such provisions and other articles as shall be neces- 
 sary for the reasonable sustenance of the widow, if any, and also 
 of the family of the deceased, for ninety days after his death. 
 Warrants ot ap- 59. The ludge ou granting letters of administration, or letters 
 
 praisement, when , , , i n /.^ i i 
 
 and how issued j tcstamentary. and as otten atterwards as may become necessary or 
 appraisers' fees, ^dvisable, shall, by a warrant of appraisement, appoint two or more 
 disinterested persons to estimate and appraise all the real and per- 
 sonal estate of the testator or intestate ; and such appraisers shall 
 be entitled to receive a reasonable compensation for their services 
 for the time they may be actually employed, not exceeding ten 
 shillings for each person per day. 
 When properly in gQ. When appraisors are so appointed, the inventory shall be 
 
 uiQ6renr plaxies i, *. > o 
 
 there may be two made by the exocutor or administrator with the aid of such ap- 
 ri'esTwaiTant"t'o praiscrs ; and when property shall be in difierent and distinct 
 SvfntoriT'"' ""^ pl^-ces, two or more inventories may be made, and every such war- 
 rant of appraisement shall be returned and filed in the registry of 
 probate with the inventory. 
 Appraiser's oath, 61. Bcforc proceeding to make the appraisement, the apprai- 
 
 before whom to be i n i i ii • j • j. • j.- x- j.1 
 
 sworn; certiftcate sers shall bo sworii by the judge or registrar or a justice oi the peace 
 nnt. "^ ^^^ """' truly and impartially to appraise the property which may be ex- 
 hibited to them according to the best of their knowledge and ability ; 
 the taking of the oath shall be certified on the warrant of appraise- 
 ment by the person administering the same. 
 Executors, &c. to 62. Evory executor or administrator, previous to the payment 
 royal 'gazette ; ° of dobts Or distribution of the estate of the deceased, shall, by 
 tes'ted'"lccorcUng advcrtiscment in the royal gazette newspaper, in all cases where 
 to form; cases o°f the cstato shall be under two hundred pounds for one month, and 
 
 informal attesta- . n . ,i n ii i i 
 
 tion provided in Other cascs tor Six months, call on all persons who have any 
 agdmst. 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 regis- 
 trar or a justice of the peace, and the affidavit shall be in the form 
 \n the annexed schedule, but no account shall be rejected by a 
 
TITLE XXXIV.] Chap. 130. Sect. 63— 6T. 349 
 
 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. 
 
 63. When the executor or administrator shall be a creditor of Executor &c. a 
 the estate, he shall file in the ofiice of the registrar at least one Zmmi one'"'' 
 month before the distribution of the estate, a true and correct month before cus- 
 account of all dealings between the deceased and himself, verified 
 
 by afiidavit in the form in the annexed schedule. 
 
 64. The naming of any person executor in a will shall not operate Naming a debtor 
 as a discharge of any claim which the testator had against him, but e™™ ulsh' a' °°' 
 such claim shall be included as part of the estate of the deceased in debt. 
 
 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 dis- 
 tribute the same as part of the personal estate of the testator. 
 
 65. Every executor or administrator, at the expiration of eigh- Executor, &c. 
 teen months from the date of the letters testamentary or letters of months' to'pay an 
 administration, advertisement having been made as hereinbefore afg''tributto'™''* 
 prescribed, shall pay all such legal and just claims as shall then be 
 exhibited, so far as the estate of the deceased in his hands will en- 
 able him ; and shall make such distribution of the surplus as di- 
 rected by the will of the deceased or by this chapter. 
 
 66. Any executor or administrator may make oath before the Estates, when 
 judge of probate who has granted administration of the estate, that ™srtvent*^''order 
 he believes the same to be insolvent, and the judge may, if he shall of insolvency may 
 think fit, by an order for that purpose, declare the estate insolvent, er kludge 'to ad- 
 and the executor may plead such order in bar of any legal titton'iTpp°eair' 
 proceedings instituted against such executor or administrator for '° ^'^"^ ''^'^^• 
 any cause of action accruing in right of the deceased, and judg- 
 ment shall thereupon be given in favor of such executor or admi- 
 nistrator. On the petition of any creditor or person interested in 
 
 the insolvent estate, the judge of probate may proceed to adjust the 
 claims of all parties interested therein, and to settle the estate ; and 
 where the judge shall decide against any creditor in respect of any 
 controverted claims, the creditor may appeal to the supreme court 
 in like manner as by this chapter is provided in respect to appeals 
 from other decisions of the judge of probate. 
 
 67. In the settlement and distribution of the insolvent estate order of distribu- 
 of any deceased person, the whole of the real and personal estate cSaf&c.'^™'"'' 
 remaining after payment of the funeral charges, the necessary me- 
 dical and other attendance on him during his last illness, and the 
 
 expenses attendant on the settlement of the estate, shall be distri- 
 buted among those creditors who shall have rendered their accounts 
 duly attested, within\the period before prescribed, in the following 
 manner. 
 
 Firsi. — Domestic and farm servants and rent, to be paid in full 
 when not more than a years' 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. 
 
350 Chap. 130. Sect. 68—74. [part hi. 
 
 Mortgages and 68. Nothing in the preceding section contained shall affect 
 othfrdaim™'' debts due on mortgages of real or personal estate or on judgments 
 by "thria^sf sei> registered in the lifetime of the deceased person so far as the value 
 ti»n. of the property so mortgaged or lands bound by such judgment 
 
 shall extend and no more, leaving the mortgagee or judgment cre- 
 ditor at liberty to claim as any other creditor for any balance that 
 may remain due to him after the value of such property or lands 
 shall have been realized, or as affecting the widow's dower in real 
 estate, or to prevent any creditor who may not have 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 distribu- 
 tion 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. 
 Notice of sale of 69. Where the executor or administrator shall have obtained 
 cense^how given' a license for the sale of the real estate of the deceased, he shall 
 give pubhc notice of the time and place thereof by advertising the 
 same in the royal gazette at Halifax, and by posting up notices 
 thereof in the township or settlement wherein the lands lie for 
 thirty days previous thereto, and shall proceed to sell the same by 
 pubhc auction at the time and place named in the advertisement. 
 Executor may ad- 70. Where the oxecutor at the time appointed for the sale 
 sable rnotioe Tf shall deem it for the interest of all persons concerned therein that 
 be''g?ve"™' '° t^6 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. 
 Affidavit of ox- 72. The affidavit of the executor or administrator, made before 
 
 ccutor, »KC., evi . . r» 1 1 ^1 1 ' 1 • • 1 • 
 
 denceofsaie. a judge or registrar ot probate, and tiled m the registry withm 
 one year after the sale, shall be admitted as evidence of the time, 
 place and maimer of the advertisement and notices. 
 Deeds, &c. to be 72. All dccds of convcyance, mortgages or leases, made pur- 
 madrby" de^ "' suant to the license, shall have the same effect as if made by the 
 ceased. dcccased. 
 
 Commissions to 73. In the Settlement of any estate, the executors or admini- 
 how adjusted'!'' strators may be allowed over and above all such actual and neces- 
 sary 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 administrators of any estate as may appear just and proper, ac- 
 cording to the labor bestowed, or responsibility incurred by them 
 respectively. 
 A speciflc legacy 74. When any provision shall be made by any will for specific 
 to an" xecutor"" Compensation to an executor, the same shall be deemed a full satis- 
 uniess renounced faction for his scrviccs in heu of any commission or his share 
 
 shall be m lieu of oi i iii' ni'iir»iT. 
 
 commission, thercoi, unlcss such executor by declaration under his hand tiled in 
 the court of probate, shall renounce all claim to such specific 
 legacy. 
 
TITLE XXXIV.] Chap. 130. Sect. 75. 351 
 
 75. The forms in the annexed schedule shall be observed as roi™ to be as in 
 near as may be in the court of probate. 
 
 SCHEDULE. 
 
 Form of affidavit to be annexed to any account or claim ren- 
 dered by a creditor to an cxeautor or administrator. 
 
 A. B. of , maketh oath and saith, that the foregoing 
 
 paper writing doth contain a true and correct account of his de- 
 mand against the estate of , deceased, that all the credits to 
 
 which the deceased was honestly and justly entitled, so far as 
 deponent believes, have been given on said account ; and that the 
 
 balance of is justly and truly owing to deponent. 
 
 Sworn before me, at 
 
 this day of 
 
 Citation. 
 Nova Scotia. 
 
 To A. B. of , in the county of — . 
 
 Greeting : 
 Whereas, A. B., executor [or administrator, or other person, 
 interested as the case nmy Zie,] hath prayed that you may appear 
 and [here state in short forms the object,^ you are therefore re- 
 quired 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 forms the object. '\ 
 
 Given under my hand and seal of the said court, this 
 
 day of , 18 — . 
 
 C. D., judge of probate. 
 E. F., registrar of probate. 
 
 Probate court. 
 County of 
 
 Attachment. 
 
 ss. 
 
 To the sheriff of — 
 
 Greeting : 
 
 You are hereby required to attach by his body, if found witlun 
 your bailiwick, and him safely keep, so that you may have his body 
 
 before me at my office in , on the day of next 
 
 coming, to answer concerning a 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 for refusing to testify after ap- 
 pearing, for refusing to testify before me] in a certain matter lately 
 pending before me as a jiidge of probate for said county, and have 
 then there this writ. 
 
 Given under my hand this day of , 18 — . 
 
 C. D., judge of probate. 
 E. F., registrar. 
 
352 ' Chap. 130. : [part hi. 
 
 Execution. 
 Probate court. 
 County of 
 
 To the sheriff of the said county of . 
 
 Greeting : 
 You are hereby required [or in case it be an alias execution as 
 
 before,] to levy of the goods and chattels of , within your 
 
 bailiwick, the sum of -, for costs awarded in favor of ^ — , 
 
 in a certain proceeding lately had before me as judge of probate 
 in and for the said county, and have that money before me at my 
 
 office in , within thirty days from the date hereof, to be 
 
 rendered to the said , and for want of such goods and chat- 
 tels whereon to levy you will take the body of the said , 
 
 and him safely keep until the said sum and your costs of levying 
 this execution be paid, and make return hereof within thirty days 
 from the date hereof. 
 
 Given under my hand this day of , 18 — . 
 
 C. D., judge of probate. 
 E. F., registrar. 
 
 'Warrant of appraisemerit. 
 
 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 seised or possessed 
 
 within the province, and according to your best skill and judgment 
 truly to appraise the same, which, when completed, you are to de- 
 liver 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 — . 
 
 S. S. C. D., judge of probate. 
 
 The above named appraisers personally appeared before me and 
 made oath that they would faithfully and impartially perform the 
 services to which they are appointed by the above warrant. 
 
 Bond on ajtpeal. 
 
 (The bond to be taken for pounds, payable to the judge 
 
 of probate in the same manner as administration bonds, and con- 
 ditioned as follows :) 
 
 Whereas the above bounden hath appealed from the deci- 
 sion of the judge of probate, made in a certain matter now pending 
 before the said judge. Now the condition of this obligation is such 
 
 that if the said ■ — shall well and truly pay such costs arising 
 
 from such appeal, and to such person as the court of appeal may 
 
TITLE XXXIV.] Chap. 130. 353 
 
 order and direct, then this obligation to be void, otherwise to re- 
 main in full force. 
 
 Signed, sealed and delivered, ) 
 in the presence of . \ 
 
 Administrafioti bond. 
 
 Know all men by these presents, that we, A.B., CD., 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 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, dated this day of , 18 — . 
 
 The condition of this obhgation is such, that if the above boun- 
 
 den A.B., administrator of the goods and eifects of , deceased, 
 
 do make a true inventory of the goods and effects of the de- 
 ceased 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 thou- 
 sand eight hundred and ; and all the residue of the said 
 
 goods and effects which shall be found remaining upon the said ad- 
 ministrator'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 said judge by his decree shall appoint ; 
 and if the said A. B., administrator, shall perform all orders and 
 decrees made by the court, touching the goods and effects of the 
 deceased ; and if it shall hereafter appear that any last will was 
 made by the deceased, and the same be proved and allowed by the 
 court, then if the above bounden A. B., being thereunto required, 
 do deliver the said letters of administration to the said judge, or 
 his successor in office, then this obhgation to be void. 
 Signed, sealed, and dehvered ) 
 in the presence of . ) 
 
 Bond on sale of real estate. 
 
 Know all men by these presents that we [as in ad/ministration 
 bond.] 
 
 Whereas, Ucense has been granted by the above named judge of 
 probate to the above bounden executor of the last will and testa- 
 ment [or administrator of all and singular the goods, chatties, 
 
 credits and estate, as the case may be,] of ■ , deceased, to 
 
 to sell [or lease or mortgage, as the case m,ay be,] the real es- 
 tate of the said deceased for payment of his debts and legacies. 
 45 
 
354 
 
 Chap. 130. 
 
 [PAKT III. 
 
 Now the condition of this obligation is such, that if the said A. B. 
 executor [or adTninistrator] as aforesaidj shall faithfully apply all 
 all monies 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 de- 
 ceased, agreeably to law, and shall truly account for the same in his 
 administration account, before the court of probate for the county 
 
 of or other court of competent authority in that behalf; 
 
 and shall pay any surplus monies which may be found remaining 
 in his hands upon such accounting unto such person as the court 
 of probate for the said county of or other court of compe- 
 tent authority in that behalf shall by decree appoint, then this ob- 
 ligation to be void. 
 
 Signed, sealed and delivered f 
 in the presence of . \ 
 
 CHAPTER 131. 
 
 OF THE JURISDICTION OF JUSTICES OF THE PEACE IN CIVIL 
 
 CASES. 
 
 Section 
 1. Jurisdiction of a single justice, £3 ; of two 
 justices, £10 i no power to sue executors, 
 &c. ; jury in cases over £5 ; account or 
 note to be filed. 
 
 4. Return of writ, how made by constable. 
 
 5. Af&davit of service required where defen- 
 
 dant does not appear. 
 
 6. No arrest by capias for a debt under twenty 
 
 shillings, nor for a debt less than five 
 pounds unless under a special affidavit. 
 
 7. Females or minors not to be arrested on 
 
 capias. 
 
 8. Persons arrested to be admitted to bail. 
 
 9. Causes to be tried between 10 a. m. and 6 
 
 p. m. 
 
 10. Causes may be continued by justices if ne- 
 
 cessary. 
 
 11. Juiy, how summoned. 
 
 12. Fine for juror not attending. 
 
 13. Jurors, how sworn ; proceedings until ver- 
 
 dict. 
 
 14. Challenges may be made ; jury, how filled 
 
 up. 
 
 15. Proof to be on oath, where Eiction not con- 
 
 16. Plaintiff's proof confined to his statement 
 
 filed. 
 
 17. Defendant before trial to file his set ofT, and 
 
 his proof to be confined thereto. 
 
 18. If defendant prove a set off under ten 
 
 pounds and less, or equal to or above 
 plaintifif's demand as proved, there shall 
 be judgment accordingly. 
 
 iSection 
 
 2. Writs to be directed to and served by con- 
 
 stables. 
 
 3. A copy of summons to be delivered defen- 
 
 dant five days before the return. 
 
 19. If defendant tender the amount due before 
 
 suit, and pay in the same, he shall have 
 judgment with costs. 
 
 20. The successful party to have costs. 
 
 21. Execution, how issued where the justice 
 
 who tried the cause ia dead, absent, or 
 has resigned ; where one of the justices 
 dead, &c 
 
 22. Return of executions. 
 
 2o, Executions not to issue after one year from 
 judgment, except in certain special cases. 
 
 24. Duty of constable in levying execution on 
 
 personal property. 
 
 25. Sale, how conducted ; return of execution ; 
 
 money to whom payable j sale may be ad- 
 journed for want of buyers : goods unsold 
 to be returned. 
 
 26. Constables not to purchase. 
 
 27. Constable for want of goods to commit the 
 
 party, unless otherwise directed. 
 
 28. Appeal and manner of pi-oceeding thereon. 
 
 29. Justice to return all papers in the cause to 
 
 the prothonotary, unless by consent of 
 pai'ties in writing. 
 
 30. Fine for constable neglecting to return wit 
 
 of summons. 
 
 31. Fine and proceedings where constable neg- 
 
 lects to retwn a writ of execution. 
 
TITLE xxxiv.J Chap. 131. Sect. 1—10. 355 
 
 1. In actions for debt, where the whole dealing or cause of ac- Juvisdiction of a 
 tion does not exceed three pounds, one justice, and where the whole TivoTusticeff ' 
 dealing or cause of action exceeds three pounds and does not ex- "" j,x°cutor3,"° 
 ceed ten pounds, two justices of the county wherein the defendant '^^;.; '^^JP^^^^-l 
 resides or wherein the debt was contracted, shall have jurisdiction ; ornotciobcriied. 
 but justices shall have no power to sue executors or administrators. 
 
 When the Avhole cause of action exceeds five pounds and does not 
 exceed ten pounds, either party may obtain a jury by applying to 
 the justices therefor at least two days before the return day of the 
 process. No justice shall issue any writ of summons or capias 
 unless the party applying therefor shall file a statement in writing 
 containing the particulars of his cause of action, or the promissory 
 note or other instrument on which he is suing, a copy of which 
 statement, note, or other instrument shall be furnished to the de- 
 fendant by the justice, if required. Where final judgment shall 
 have passed thereon, the statement, note, or other instrument shall 
 be retained by the justice, and in cases of appeal shall be transmit- 
 ted with the other papers in the cause. 
 
 2. All writs shall be directed to, and be served and executed lected to and ' 
 by, a constable of the county wherein the writ is made returnable. ^H^'^ ^^ °™'"-^' 
 
 3. A copy of the summons or capias shall be delivered to the a copy of sum- 
 defendant at least five days before the return day thereof, and the ™™j defendant 
 constable serving the same shall, if required, explain such writ to a™ days before 
 
 ,1 T n 1 I ^iiQ return. 
 
 the deiendant. 
 
 4. The constable shall make return of such writ, with his do- iietm-n of wi-u, 
 ings thereon, on or before the return day, and if required by the Si"^^''^''''"" 
 justice, shall make an affidavit of the manner in which he has 
 
 served the same. 
 
 5. When the defendant does not personally appear, the justice v™ requM^"^" 
 shall not proceed in the cause unless the constable shall make an '^^'"^ defendant 
 affidavit " that he has delivered a copy of such writ to the defen- 
 dant," and if by the defendant at the time of service required so 
 
 to do, " that he explained the contents thereof to the defendant." j^^^ ^^.^.^^^ ^ ^^ 
 
 6. No person shall be arrested for a debt under twenty shil- piaa for a debt 
 hngs, nor for any debt less than five pounds, unless the affidavit Siiinngs^^uo^- for 
 contain an allegation that the plaintiff verily believes that unless flve^polmds'un" 
 such writ be granted the debt will be lost. ¥? "5?5 ? «i«=- 
 
 i-r-fcTPi • ini 1 - (* • ^^^^ affidavit. 
 
 7. JNo female or mmor shall be arrested on a writ ot capias Females or mi- 
 issued by a iustice. "°'7„ ™' '<> ''^'"- 
 
 J •) .. rested on capias. 
 
 8. Any person arrested on any such writ shall be admitted to persons an-ested 
 bail by the officer in the same manner as in other cases of arrest. ^°_}^ admitted to 
 
 9. All causes shall be tried between the hours of ten o'clock in causes to he tried 
 the forenoon and six o'clock in the afternoon of the day on -vVhich i^'ween lo a. m. 
 
 _ *' and 6 p. ra. 
 
 process is made returnable. 
 
 10. When, from the number of causes to be tried, a cause can- causes may be 
 not be heard and determined within the time specified in the pre- ttaesTnecefsary 
 ceding section, or when sufficient cause on affidavit is shewn, the 
 
 justice may continue the cause till some further time, not excee- 
 ding eight days, of which continuance he shall notify the parties 
 plaintiff and defendant. 
 
attending. 
 
 356 Chap. 131. Sect. 11—18. [pakt hi. 
 
 Jury, how sum- 11. Where a jury has been demanded, the justice shall issue a 
 """^•i- 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 quahfied to act as petit jurors from the township or place 
 wherein the action is to be tried, to appear at the time and place 
 therein to be specified. 
 Tine for juror not 12. Any iuror SO summoncd, who shall neglect to appear and 
 shall not shew to the justices some sumcient excuse thereior, shall 
 forfeit five shillings, 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. 
 .Turors, how 13. The jury shall be sworn by one of the justices in open 
 
 f"g°s"ntii^verdtat! court, wcll and truly to try the cause according to the evidence ; 
 and the evidence of the witnesses produced shall be made and de- 
 livered in the hearing and presence of the justices and jury so im- 
 panelled ; 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 atten- 
 dance, such other person as shall by such justices be appointed for 
 that purpose, who shall be sworn " to keep such jury together 
 without meat or drink, and not to suffer any one to speak to them 
 nor to speak to them himself, without leave of the justices ;" and 
 when agreed, the jury shall return their verdict, whereupon judg- 
 ment shall be given accordingly, 
 be miSe fjuryf 14. Either party may challenge for cause any of the jurors, 
 how filled up. g^jj^ jf ^jjg challenge be allowed, or any of the jurors do not appear, 
 the justices shall direct the constable forthwith to summon any per- 
 son duly qualified and not liable to be challenged, to fill up the 
 jury, 
 oathwhere'acuon 15. In all cascs Under this chapter where the plaintifi''s de- 
 not confessed. mand Or cause of action is not confessed by the defendant in per- 
 son, or in writing under his hand, the same shall be established, 
 whether the defendant appear or not, on the oath of one witness. 
 Jonflned'^rhi's l^. The plaintifT shall not be permitted to give evidence of any 
 statement filed, thing not Contained in the statement filed by him previous to the 
 
 issue of the writ. 
 Defendant before i^j ffj^e defendant before the trial of the cause shall file with 
 
 trial to file his ^ . . . i r. «. i 
 
 set off, and his the justico a Statement oi the particulars ot any set-oif he may 
 fln°ed thereto™ havc, 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. 
 prolf a tTt'off 18- Whenever the defendant shall establish a set ofi" equal to 
 under ten pounds or excccding the demand proved by the plaintiff, or any other suf- 
 to or aboVe plain- ficiont defence thereto, the defendant shall have judgment ; if the 
 proved.therethau ^ct oE be Icss than the plaintiff's 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 ten pounds, the defendant sliall in that case 
 have judgment for such excess. 
 
 be judgment 
 accordingly. 
 
TITLE XXXIV.] Chap. 131. Sect. 19—26. 357 
 
 19. When it shall appear that the defendant had tendered the if defendant ten- 
 amount due before suit brought, such defendant may before the due befol™sSit, 
 trial pay the same into the hands of the justice, and shall there- Bamerhe"8hau 
 upon be entitled to his costs, which shall be deducted by the ius- have 'judgment 
 
 .*■ ' V V with costs 
 
 tice out of the money so paid into his hands. 
 
 20. The party succeeding shall in all cases be entitled to his The successful 
 
 . >■ ti o party to have 
 
 costs. costs. 
 
 21. "Where judgment has been awarded, the justice or justices Execution, how 
 before whom the suit was tried, and in case of the death, resigna- jStee who^tried 
 tion, or removal of such iustice or justices, any other iustice, and "?*^ """'^ '? ^^^^ 
 
 1 1 ii'iip .•'. .*^ n ^ absent, or has re- 
 
 wnen such cause has been tried beiore two justices, in case ot the signed ; where 
 
 death, resignation, or removal of one of them, the remaining jus- dead, &c!^''^''°'"' 
 tice shall issue execution against the goods and chattels, and for 
 want thereof against the body of such person, for the sum awarded, 
 with costs. 
 
 22. All executions shall be made returnable in thirty days. ?^'»™ "' '^^'"^^- 
 
 23. No execution shall issue after the lapse of one year from Executions not to 
 the time of giving judgment, unless it shall be made to appear by ''™ff,^m''uT° 
 affidavit that a balance is still due thereon, and that due dihgence ment, except in 
 has been used to levy the same, in which case further executions TLes? '^''^''''' 
 may issue for the balance at any time within four years after the 
 rendering of the judgment. 
 
 24. The constable to whom the execution shall be delivered Duty of constable 
 shall proceed forthwith to levy for the sum due, and shall take tion on Jersonai 
 sufficient goods of the party against whom the execution is issued P'"i"^''y- 
 
 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. 
 
 25. At the time and place so appointed, if the amount remain saie, iiow con- 
 unpaid, the officer acting therein shall sell the goods at auction to oSecution" mo- 
 the highest bidder, and shall forthwith return the execution with awe'^saiemay^bi 
 his doings thereon, to the justice who issued the same, and pay the adjourned for 
 debt and costs levied thereon to the plaintiff or his agent duly gmlds unsow t'o^ ' 
 authorized after deducting the fees of levy and sale, returning the ''^ "^s'"™*- 
 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 whatever goods 
 remain unsold after satisfying the execution and expenses, shall be 
 restored. 
 
 26. No constable shall, directly or indirectly, purchase any OonstaWea not to 
 goods at any sale made by him under this chapter, and every such ^^^°^^^- 
 purchase shall be absolutely void. 
 
 be 
 
358 Chap. 181. Sect. 27—32. [part hi. 
 
 Constobie for 27. For Want of goods -whereon to levy, tlie constable unless 
 
 \rant of goods to ,, • t , t i 1 1 'j ,i *" . , ,' ""'•"'"° 
 
 commit the party, othorwise directed, shall commit the person against whom the same 
 rrecw"'"'"'"' is directed to jail. 
 
 Appeal, and man- 28. In case of an appeal the appellant, or in his absence his 
 t'hereoZ""^'"''''"" agent, before the appeal shall be allowed, shall make an afiSdavit in 
 writing that he is dissatisfied with the judgment and feels aggrie- 
 ved thereby, and that such appeal is not prosecuted solely for the 
 purpose of delay, and shall file the same with the justice ; and the 
 party so appealing, or in his absence his agent, shall, within two 
 days thereafter, enter into a bond with two sureties in a penalty 
 double the amount of the judgment, with a condition that the ap- 
 pellant shall enter and prosecute his appeal and perform the judg- 
 ment of the court, 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 apphed for at any time within ten days after judgment in such 
 cause, such justice or justices shall be bound to grant, returnable 
 to the next term of the supreme court in the county in which the 
 trial was had, and execution if not issued when the appeal is ap- 
 plied for, and the appellant or his agent shall make or be ready to 
 make the afiidavit, shall be stayed ; but in such case, if the defen- 
 dant 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. 
 Justice to return 29. lu case of appeal the justice, unless he shall receive a no- 
 causfto'thrpro- tice iu wrftiug signed by both parties or their agents to the con- 
 byTottentoTpaf ^^^^Ji ^hall retum to the prothonotary of the supreme court before 
 ties in writing, the Opening of the court on the first day of the next term in the 
 county, all papers in the cause, with a transcript of the judgment, 
 and the afiidavit and bond whereon the appeal was allowed. 
 Fine for constable 30. Any constablc neglecting to serve or make return of a writ 
 "mn writ^of sum- of summons or capias, besides being hable to an action on the case 
 "'°°^' for any damage that may have been sustained, shall forfeit twenty 
 
 shillings. 
 Fine and pro 31. Any constablc neglecting to retum an execution for the 
 
 constowenegi'ects spacc of ten days after the return day thereof, unless with the 
 a writ of consent of the party in whose favor it was issued, or to pay over 
 within five days the monies received thereon, or to pay the surplus, 
 if any, on demand, shall forfeit twenty shillings, and may also be 
 sued in an action for money had and received ; and the justices 
 shall have jurisdiction though the sum claimed exceed ten pounds. 
 32. The forms shall be as in the schedule. 
 
 to return 
 execution, 
 
TITLE XXXIV.] Chap. 131. 359 
 
 SCHEDULE OP FORMS. 
 
 Summons. 
 
 County of s.s. 
 
 To any of tlie constables of the said county : 
 
 You are hereby required to summon A. B. of to appear 
 
 before at on the day of , at 
 
 o'clock in the noon, to answer to C. D. in the sum of , 
 
 and to make return thereof on or before the said day. 
 
 Witness hand and seal the day of , 18 — . 
 
 E. P. J. P. (seal.) 
 G. H. J. P. (seal.) 
 
 Capias. 
 
 County of , s.s. 
 
 To any of the constables of said county : 
 
 You are hereby required to take A. B. of , and him 
 
 safely keep, so that you may hare him before at on 
 
 the day of at o'clock in the noon, to an- 
 swer to C. D. in the sum of , whereof fail not, and to have 
 
 there then this writ, with your doings thereon. 
 
 Witness hand and seal at the day of , 
 
 18—. 
 
 E. F. J. P. (seal.) 
 G. H. J. P. (seal.) 
 Note. — On the back of the capias, and copy thereof, to be en- 
 dorsed the sum sworn to in words at length, as follows : 
 
 By oath for the sum of . 
 
 E. F. J. P. 
 
 Execution. 
 
 County of s.s. 
 
 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 jail [oi- 
 where there is a lock-up house or other place of confinement in 
 any county nearer the residence of the party to be arretted in- 
 sert the nam,e of it in place of the jail] in , the keeper 
 
 whereof is required to take the said C. D. into his custody, and 
 him safely keep until he pay the sum above mentioned, with your 
 fees and jailer's fee, or that he be discharged by the said A. B. or 
 otherwise by due course of law. Whereof fail not, and make due 
 
360 Chap. 131. [paet in. 
 
 return of tliis writ with your doings thereon to within 
 
 days. Witness hand and seal the day of , 
 
 18 
 
 County of - 
 
 E. F. J. P. (seal.) 
 G. H. J. P. (seal.) 
 
 Subpmna. 
 
 To J. K. L. M. N. 0. and P. Q. 
 
 [according to the number.] 
 
 Yon and every of you are required to appear at , on the 
 
 day of , at the hour of , o'clock in the 
 
 noon, to give evidence on the part of the [plaintiff or defendant, 
 as the case may be,] in a suit now depending between A. B. plain- 
 tiff, 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. 
 
 C A. B., Plaintiff, 
 Between < and 
 
 I 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. 
 
 Yenire. 
 
 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 , plain- 
 tiff, and , defendant. Dated the day of , 18 — . 
 
 E. F., J. P. (seal.) 
 
 Note. — All writs of summons, capias, subpoena, and venire re- 
 quire but one seal, and the same, as well as all executions in cases 
 before two justices, are to be prepared by the justice first apphed 
 to in the suit. In all cases the capias is to be endorsed by the 
 justice first apphed to, who is to prepare the affidavit also. In all 
 suite triable before two justices, the summons and capias must be 
 signed by two justices, and the execution in such case to have two 
 seals, and to be signed by the two justices that issued the mesne 
 process and tried the cause. Writs of subpoena and venire and the 
 subpoena ticket are to be signed by one justice only ; all affidavite 
 are to be taken before and all oaths undier this act to be administered 
 
TITLE XXXIV.] Chap. 131, 361 
 
 by one justice only ; and in all suits before two justices all acts 
 required to be done hj one justice only are to be bad and done by 
 and before the justice first applied to, Avbo is to be the keeper of 
 all papers in the cause, and to make return of the proceedings 
 therein in cases of appeal. 
 
 Affidavit io obtain a cajjlas. 
 
 A. B. of , in the county of , maketh oath and 
 
 saith, that C. D. is justly indebted to the deponent in the sum of 
 after giving full credit, to the best of deponent's knowl- 
 edge or belief, for all payments or offsets, and that the cause of 
 action does not exceed ten pounds. 
 
 A. B. 
 
 Sworn at , the • ( 
 
 day of , before me. ) 
 
 E. F., J. P. 
 
 Note. — The sum sworn to must in all cases be twenty shillings 
 at least, and if under five pounds then after the words " ten 
 pounds " above add, " and that there is danger of losing the debt 
 unless a capias is allowed the deponent." 
 
 RETURNS TO THE FOLLOWING WRITS. 
 
 To a stmwnons. 
 
 " The within process was duly served on the said C. D. on the 
 
 — day of — by me." 
 
 0. P., constable. 
 
 If required, the following affidavit to be made by the ofiicer ser- 
 ving the process : 
 
 "0. P. of , in the county of , maketh oath 
 
 and saith that he did on the day of personally 
 
 serve the defendant in the annexed process named, with a true 
 
 copy thereof, and at the same time acquainted with the 
 
 contents thereof 
 
 0. P. 
 
 Sworn before me, at , I 
 
 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. 
 
 46 
 
 0. P., constable. 
 
362 Chap. I3l. [part ni. 
 
 To a vfiitirc. 
 
 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 creciition. 
 
 ■ 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 jail as 
 within directed. 
 
 0. P., constable. 
 
 I have levied the sum of , part of the debt and costs 
 
 within mentioned, the remainder not satisfied. 
 
 0. P., constable. 
 
 I could not find any goods and chattels, or the body of the said 
 CD. 
 
 0. P., constable. 
 
 OATHS TO BE TAKEN BY WITNESSES, JURORS AND CONSTABLES, ON 
 
 TRIALS. 
 
 Witnesses. 
 
 You shall truly say whether you have any interest in, or can 
 gain or lose by the event of this suit, and shall true answer make 
 to all such questions as shall be put to you touching the same. 
 
 So help you God. 
 
 Note. — This oath only to be administered when either party 
 desires to examine the witnesses as to interest in the suit. 
 
 The evidence you shall give to the court [or to the court and 
 jioy] sworn touching the matter in question, shall be the truth, 
 the whole truth, and nothing but the truth. 
 
 So help you God. 
 
 Jtirors. 
 
 You shall well and truly try this cause between A. B., plaintiif, 
 and C. D., defendant, and a true verdict give according to the evi- 
 dence. So help you God. 
 
 Constable or other person appointed to attend jtiry. 
 
 You shall keep every one of the jury sworn, and now about to 
 make up their verdict, in some convenient place without either 
 meat or drink ; 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. 
 
TITLE XXXIV.] Chap. 131. 363 
 
 Ball bond on capias. 
 
 Know all men by these presents that we [nmiies, place of 7-esi- 
 dence. and profession or calling of the defe/idaiit and his bail,] 
 are held and firmly bound unto \naine of the plaintiff in the suit, 
 adding his place of residence an.d profession or calling] in the 
 sum of [tunre the amount sworn to and endorsed on the capias] 
 to be paid to the said [name of the plaintiff,] his certain attor- 
 ney, executors, administrators or assigns, for which payment, we 
 bind ourselves, and every of us by himself, our and every of our 
 heirs, executors and administrators, firmly by these presents, 
 sealed with our seals, and dated the day of , 18 — . 
 
 The condition of the foregoing obligation is such, that if the 
 above bounden [the defendant] shall appear before [name (he jus- 
 tire or justices issuing the capias] on the day of , 
 
 [insert the day appointed for the trial] to answer to the suit of 
 the above named [name the plaintiff] in the sum of [here insert 
 the sum sworn ^o,] then the above obligation to be void. 
 
 Signed, sealed and delivered, ) (seal). 
 
 in the presence of .\ (seal). 
 
 (seal). 
 
 Affidavit to be made by the party appealing. 
 
 In the court before [name the justice or justices before whom 
 the trial was had,] justices of the peace. 
 
 C A. B., plaintiif, 
 Between < and 
 
 ( C. D., defendant. 
 
 A. B., [the party making the appeal] of , in the county 
 
 of , the above named [plaintiff' or defendant, as the case 
 
 may be, or if the party for %ohom the appeal is made be absent, 
 say " agent for the above named pla/intiff" or defendant, as the 
 case may be,] maketh oath and saith that he is really dissatisfied 
 with, and feels aggrieved by, the judgment given in this cause, and 
 that he does not appeal therefrom solely for the purpose of delay, 
 but that justice may be done therein. 
 
 Sworn at , the ) To be signed by the party ap- 
 
 ■ day of , > pealing, or, in his absence, 
 
 18. — . ) the agent. 
 
 Before me, , J. P. 
 
 Bond to be given on appeal being made. 
 
 Know all men by these presents, that we, A. B., 0. D., and 
 E. F., [names of the appellant if he be present, or, if absent, of 
 the agent, and tlie sureties, with their places of residence] are 
 held and firmly bound to G. H. [the party against whom the ap- 
 peal is allowed] in the sum of [double the amount of the judg- 
 ment, debt and costs,] to be paid to the said G. H., his certain 
 
364 Chap. 131. [part hi. 
 
 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 boundeu A. B. 
 [if the party appellant be the prinrApal in the bond, or if he be 
 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 may be] tried before [name 
 the justiee or Justices before lohoni 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 term of the supreme 
 court for the county of [nunLe the county in irJdch the cause tvas 
 tried] shall duly enter and prosecute his said appeal, and shall 
 proceed therein to final judgment, and shall abide by and fulfil the 
 judgment of the said court to be given in such appeal, or shall 
 previous to the first day of the sitting of such court pay the full 
 amount of judgment in such cause, together with all costs subse- 
 quently accruing thereon, then the above obligation to be void. 
 Signed, sealed and delivered, in the presence of 
 
 A. B. (seal.) 
 C. D. (seal.) 
 E. F. (seal.) 
 
 CHAPTER 132. 
 
 OF BARRISTERS AND ATTOKXIES. 
 
 1. Attornies and barristers to be admitted. 
 
 2. Month's notice to be posted of intention to 
 
 apply for admission. 
 
 3. Term of service of clerkship preparatory to 
 
 admission as an attorney. 
 
 4. Time from which service shall be reckoned, 
 b. Qualifications requisite for admission ; at- 
 torney's oath. 
 
 6. Barristers of Ureat Britain or Ireland enti- 
 
 tled to admission on filing proper certifi- 
 cates. 
 
 7. Colonial barristers and attornies, and attor- 
 
 iSection 
 
 8. Ban-isters, when admitted. 
 
 9. Attorney not to allow any other person than 
 
 bis articled clerk or another attorney to 
 sue or defend causes in his name. 
 
 10. Barristers, their privileges and precedence ; 
 
 power of courts to control all practition- 
 ers. 
 
 11. Practising barristers only to take clerks. 
 
 12. >'o bai'rister to have more tlian two articled 
 
 clerks at once. 
 
 13. Persons wlio have voted at elections, or 
 
 paid rates, entitled to the privileges of 
 
 nies of Great Britain and Ireland, entitled barristers, proctors, and advocates, 
 
 to admission on filing proper certificates. I 
 
TITLE XXXIV.] Chap. 132. Sect. 1—8. 365 
 
 1. No person shall practise as an attorney or barrister unless Attomies ana 
 he shall have been duly admitted. ^I'iS '° "' 
 
 2. Every person intending to apply for admission as a barris- Month's Dotice to 
 ter or attorney shall cause notice thereof to be posted up in the lentta' to °app°y 
 prothonotary's office at Halifax at least one month before the com- '"'' ^"imission. 
 mencement of the term, and his admission shall be moved for in 
 
 open court within the first four days thereof 
 
 3. No person shall be admitted an attorney unless he shall ctakswp"re 1-°' 
 have actually served under articles of clerkship, whether such arti- 'ftay '» admis- 
 cles shall be the original articles for the whole term, or any trans- ney. *^ ™ ^ °"^ 
 ference thereof, or new articles for the residue of such term, for a 
 
 period of five years, or if a regular graduate of any college in her 
 majesty's dominions for the period of four years, with some prac- 
 tising barrister, or shall have kept terms for a portion of the time 
 prescribed at one of the inns of court in Great Britain or Ireland, 
 reckoning four terms for one year. 
 
 4. The term of service shall commence from the time of filing ''™? f™™ "hich 
 a duplicate of the articles of clerkship in the prothonotary's office reckoned. 
 
 in Halifax. 
 
 5. Any student of the age of twenty-one years who shall file Qualifications re- 
 satisfactory certificates of his having comphed with the 4-equisites sionl 
 
 of the third section of this chapter, and of his good moral charac- 
 ter from the barrister with whom he last served, and shall also 
 undergo a satisfactory examination as to his qualification before a 
 judge and two barristers to be named by the court, shall be enti- 
 tled to be admitted an attorney on taking the following oath : 
 
 "I, A. B., do swear that I will truly and honestly demean Attorney's oath. 
 myself in the practice of an attorney, solicitor, or proctor, in all 
 and every of the courts of this province in which I shall be em- 
 employed as such, according to the best of my knowledge and 
 abiUty." 
 
 6. A barrister of any court in Great Britain or Ireland shall Barristers of 
 be entitled to be admitted to practise as a barrister and attorney irdandOTWieato 
 on filing a satisfactory certificate of his being a barrister at the J'j'.™'ssion on 
 
 & .7 & filing proper cer- 
 
 time 01 apphcation and oi his good moral character. titicates. 
 
 7. A barrister or attorney of any court in her majesty's colo- Coioniai barris- 
 nies, and an attorney of any court in Great Britain or Ireland, on aid a'ttornie's°of' 
 filing a satisfactary certificate of his being a barrister or attorney MandenUHedto 
 at the time of application and of his good moral character, and also admission on a- 
 of his having served as an articled clerk for a term equal to that Acate's'."^'" 
 hereinbefore prescribed for articled clerks in this province, and 
 
 who shall undergo a satisfactory examination as hereinbefore pro- 
 vided for, shall be entitled to be admitted an attorney on taking 
 the foregoing oath. 
 
 8. An attorney of the supreme court of one year's standing Barriste.s, when 
 shall be entitled to be admitted a barrister, if no sufficient objection 
 be made ; but any student having regularly graduated shall be en- 
 titled to be admitted as a barrister immediately on being admitted 
 an attorney. 
 
 admitted. 
 
366 
 
 Chap. 132. Sect. 9—13. 
 
 [past hi. 
 
 A ttorney not to 
 ■allow any other 
 person than his 
 articled clerk or ! 
 another attorney 
 to sue or defend 
 causes in his 
 name. 
 
 Barristers, tlieu" 
 privileges and 
 
 9. No attorney shall permit any person not an attorney, other 
 than his articled clerk actually serving in his office, to sue out any 
 writ or process, or to prosecute or defend any action in his name. 
 
 10. Barristers of the supreme court shall be counsel, advo- 
 cates, proctors and solicitors of the court of chancery, court of vice 
 admiralty, court of error, court of marriage and divorce, and all 
 
 precedence; pow- courts within this provinco, and as such shall be entitled to prose- 
 controi'au prac- cutc and defend all causes therein, and shall have such seniority 
 titioners. ^j^j pre-audiencc therein as they are entitled to in the supreme 
 
 court ; but nothing herein contained shall interfere with or affect 
 the wholesome control which the queen's courts are authorized to 
 exert over the several practitioners therein, or to prevent such 
 courts from suspending, silencing, dismissing or striking off the 
 roll any barrister, advocate, attorney, solicitor or proctor for mal- 
 practice or misconduct. 
 
 11. No barrister not actually practising his profession, except 
 only to take Qjjjy ^]jg prothonotary at Halifax being a barrister, shall take or 
 
 retain any clerk. 
 
 12. No barrister shall have at any one time more than two ar- 
 ticled clerks. 
 
 13. Any of her majesty's subjects who shall have voted at any 
 election, or paid poor and county rates, may plead and reason in 
 any of her majesty's courts of judicature within this province, en- 
 joying all rights and privileges therein in as full and ample a man- 
 ner as these are now enjoyed by barristers, proctors and advo- 
 cates. 
 
 Practisiog barriS' 
 
 ter 
 
 clerks. 
 
 No barrister to 
 have more than 
 two articled 
 clerks at once. 
 Persons who have 
 voted at elections, 
 or paid rates, en- 
 titled to the privi- 
 leges of barris- 
 ters, proctors, and 
 advocates. 
 
 TITLE XXXV. 
 
 OF ACTIOiNS IN GENERAL, AND THE PRACTICE OF THE SUPREME 
 
 COURT. 
 
 CHAPTER 133. 
 
 OF THE COMMENCEMENT OF ACTIONS, AND THE FORM AND SER- 
 VICE OF WRITS. 
 
 1. W'riLs, how and by whom to be signed, and 
 
 how directed. 
 1. Actions of replevin, how commenced. 
 3. AVrits of mesne process, liow long to be 
 
 served before the retm*n day. 
 i. No writ to be served on Sunday. 
 
 Section 
 
 5. Affidavits to hold to bail ; before whom 
 
 made ; lunount to be endorsed on the 
 capias. 
 
 6. Proceedings, in what cases valid when de- 
 
 fendant desL-ribed by initials or a wi'ong 
 name. 
 
TITLE XXXV.] Chap. 133. Sect. 1—9. 
 
 367 
 
 Section 
 
 7. Supplimental affidavits to hold to bail not 
 
 allowed. 
 
 8. Writs of summons on corporation, how 
 
 served. 
 
 9. Bonds on executing writs of replevin, how 
 
 taken. 
 
 10. Bail bonds, wlien and in what amount to be 
 
 taken. 
 
 11. Bail bonds, how assigned. 
 
 12. Second arrest after non pros, nonsuit, or dis- 
 
 Section 
 
 continuance, not to be made without a 
 judge's order. 
 
 13. "Within what time after action brought, and 
 
 upon what times, special bail may render 
 their principal. 
 
 14. Bail before a commissioner, how taken ; 
 
 recognizance to be transmitted. 
 
 15. In wliat case and how they may justify be- 
 
 fore a commissioner. 
 
 1. All writs shall be signed by the prothonotary, with his wiiis, how and 
 name and the date of their issue, and be subscribed with the name signed°"and how 
 of the attorney or party by whom they are sued forth, and shall be '^"■^'^"^'i- 
 directed to the proper officer, and be in the forms heretofore used. 
 
 2. Every action of replevin shall be commenced by writ of Actions of repie- 
 summons in the form heretofore used. menoai! ^"^ 
 
 3. All writs of mesne process shall be served on the defendant writs of mesne 
 if residing within the same county to which process is returnable to^bf served 'be? 
 at least eight days, if residing in any other county at least fourteen f°^''« ""^ ■^^*""'" 
 days, and if the defendant resides in Cape Breton, and the writ is ' 
 made returnable in any county not in the Island, or if the defen- 
 dant resides out of Cape Breton, and the action is brought within 
 
 any county in the Island, at least twenty-one days before the return 
 day, otherwise the defendant shall have, until the return day of 
 the ensuing term, to enter an appearance. 
 
 4. No person upon the Lord's day shall serve or execute any no writ to be 
 writ or process, but the service thereof shall be void, and the party day. 
 serving the same shall be liable to the party grieved as if he had 
 executed the same without any writ or process. 
 
 5. The party applying for a capias shall make and subscribe Atadavits to hou 
 the usual affidavit for holding a party to bail, which affidavit shall whom inade"^ 
 be made before a judge or commissioner, or, in their absence, or in d™™'(,n''the ca- 
 case of the illness of the party making affidavit, before a justice of pias- 
 
 the peace ; and the sum set out in the affidavit shall be endorsed on 
 the capias in words at length, and shall be signed by the person 
 before whom the affidavit was made. 
 
 6. Where the defendant is described in the process or affidavit Proceedings, in 
 to hold to bail by initials or by a wrong name or without a chris- when defendant 
 tian name, the defendant shall not be discharged out of custody, or S"o*r'"l ''wrong 
 the bail bond be dehvered up to be cancelled, if it shall appear by """«■ 
 
 the affidavit that due diligence has been used to obtain a knowledge 
 of the proper name. 
 
 7. No supplemental affidavit shall be allowed to supply any Suppiimentai 
 
 ^ c ■ ■ fi:^ iEJ -i X 1, IJ i u -1 affidavits to hold 
 
 deficiency m the amdavit to hold to bail. to bau not ai- 
 
 8. A writ of summons against a corporation may be served on 'wTus'of summons 
 the principal officer or on the clerk or secretary. hw served"™' 
 
 9. The sheriff previously to executing a writ of replevin shall Bonds on execu- 
 take in his own name from the plaintiff and two sufficient sureties, pieli"'£w°' '^' 
 a bond in double the value of the goods where their value is under "•''™-' 
 
368 Chap. 133. Sect. 10—15. [part hi. 
 
 one hundred pounds ; but where their value shall exceed that sum 
 he shall not require a bond for any larger sum than the value of 
 the goods, and one hundred pounds more conditional for prosecu- 
 ting the suit with effect and without delay, and duly returning the 
 goods in case a return shall be awarded. 
 Ban bonds, when 10. A defendant, having been arrested, shall be discharged if 
 amount to''be ^t any time before the return day of the writ he enter into a bail 
 taken. ]3Qjj^ ^Q ^;jjg gtieriff, with two sufficient sureties in double the amount 
 
 endorsed on the capias where the amount so endorsed does not ex- 
 ceed one hundred pounds and where the amount exceeds one hun- 
 dred pounds then for the amount so endorsed and one hundred 
 pounds more conditioned for bail to the action being put in and 
 perfected. 
 Bail bonds, how H- The sheriff, at the request of the avowant or party ma- 
 assigned. ;^jjg cognizancc in replevin, or of the plaintiff in any other action, 
 
 or of their attornies, shall assign the replevin bond or bail bond to 
 the avowant or party making cognizance or to the plaintiff, by en- 
 dorsing his name thereon, which endorsement shall be a sufficient 
 assignment thereof to enable the party to whom it shall be so as- 
 signed to bring action thereon in his own name. 
 Second arrest 12. After iion pros, nou-suit or discontinuance, the defendant 
 
 nonsu™ OT^dis- shall uot bc arrcstcd a second time without the order of a judge. 
 continuance not J 3 jjj ^ cascs whcre the writ of execution against the defen- 
 
 to be made with- o t . . 
 
 out a judge's dant in any action is returned non est inventus, and an action is 
 Within what time prosecutcd agaiust his bail upon their recognizance they shall be 
 after action allowed to render their principal in discharge thereof at any time 
 upon n hat times, withiu the first four days after the returning of the process against 
 rento their pr£ them if they pay to the plaintiff the costs which have been incur- 
 '''P*'- red in the action against them upon their recognizance. 
 
 Bail before a 14. Where rccognizances of bail are taken before a commis- 
 
 how'takenTre- siouor, the Same shall be transmitted to a judge, who, upon affida- 
 tran°smS.'° "^ '^^ of the duc taking thereof shall receive the same, and such re- 
 cognizance shall thereupon have the same effect as if taken before 
 a judge. 
 In what case and 15. When the bail live above twenty miles from the place 
 fusufy bef"re''a whorc actiou is brought, or where the bail live within that distance 
 but the court shall not be in session, they may justify before a 
 commissioner by affidavit, and the commissioners may examine the 
 sureties upon oath touching the value of their respective estates. 
 
 commissioner. 
 
TITLE XXXV.] 
 
 Chap. 134, 
 
 369 
 
 CHAPTER 134. 
 
 OF PLEADINGS AND PRACTICE. 
 
 Section 
 
 1. Rules of the supreme court : 
 Rulel®. Defendant to appear and plead, in 
 Halifax, within four days after filing 
 declaration ; in other counties before 
 the opening, of the court on the suc- 
 ceeding day. 
 2®. Warrants of attorney need not be 
 filed. 
 
 3 ® . Costs for unnecessary length of de- 
 
 claration disallowed to plaintiff *, costs 
 of excess, when allowed defendant. 
 
 4 ° . Venue to be in the mai'gin of the de- 
 
 claration, and not in the body, nor in 
 subsequent pleaduig 5 where local de- 
 scription necessary it shall be given. 
 
 fi ° , In trespass q. f. g. name or abuttals 
 to be given, or the defendant may de- 
 mur. 
 
 6 ° . Omission to state a precise time with 
 material fact when the time is not 
 necessary, shall not be cause of de- 1 
 murrer. 
 
 7°. Pledges to prosecute not be stated. 
 
 8 ° . Particulars, when to be delivered 
 
 with declaration. 
 
 9 ® . Summons and order for particulars 
 
 may be given by a judge or prothono- 
 tary without affidavit ; further parti- 
 culars, how obtained. 
 
 10 ■=■ . Time for pleading after delivery of 
 
 particulars ; judgment, when to be 
 signed. 
 
 11 ° . Defendant entitled to a continuance 
 
 for short service of declaration. 
 
 13 ^ . Special bail, when to put in. 
 
 13 ° . "When defendant may be discharged 
 on filing common bail. 
 
 14® . Plaintiff outof court unlesshedeclare 
 within one year. 
 
 15® . Declarations in ejectment, how serv- 
 ed, and defaults, how marked. 
 
 16® Consent rule to specify premises 
 defended ; contents of rule j procee- 
 dings at the trial. 
 
 It ® . Of payment of money into court ; 
 rule fur when unnecessary. 
 
 18 ® . Actions specified in which money 
 
 may be paid into court. 
 
 19 ® . Payment of money into court, how 
 
 pleaded. 
 
 20 ® . Money to whom paid 5 receipt how 
 
 given j how paid out, 
 
 21 "^ . Replication and subsequent procee- 
 
 47 
 
 dings when mon£y taken in full, and 
 
 when not. 
 22 ® . Rule for further time to plead, when 
 
 and how granted. 
 23® . Pleadings, how filed and served. 
 24. Fourteen days' notice may be served 
 
 with pleas, &c.; their effect ; defaults 
 
 marked under, how taken off. 
 
 25 ® . Pleadings must be signed by th« 
 
 pai'ty, or his attorney. 
 
 26 ° . Pleas to be waived only by leave. 
 27°. Pleas of abatement for misnomer in 
 
 personal actions not to be allowed , 
 proceedings substituted instead. 
 
 28 ® . Mutual debts may be set off. 
 
 29 ® . Set-off may be pleaded, or notice 
 
 thereof given. 
 
 30 ° . Notice of set-off may be served with 
 
 any plea ; effect of such service. 
 
 31 ° . Set-off, how pleaded in cases of pe- 
 
 nalties. 
 32 ® . Formal words, such as actionem non 
 and the like, when unnecessary. 
 
 33 ° . Formal defences unnecessary ; com- 
 
 mencement of plea given. 
 
 34 ® . Leave of the court not required to 
 
 plead a second or subsequent plea. 
 
 35 ® . A single plea to two or more counts, 
 
 or one replication to two or more 
 pleas, when allowed. 
 
 36 ° . General issue may be pleaded, and 
 
 the special matter, given in evidence, 
 where defendilht has acted under any 
 statute. 
 
 37 ® . In such case the words "by statute" 
 
 to be in the maj^in of the plea. 
 
 38®. Where a party'appears in any suit 
 in a representative character, his right 
 so to appear sliall be held admitted 
 unless specially denied. 
 
 59 ® . Protestations in pleadings forbidden. 
 
 40®. Special traverses, &;c., to conclude 
 to the country ; when the other party 
 may plead over to the inducement. 
 
 41 ® . Discontinuance how effected. 
 
 42 ® . Form of a demurrer. 
 
 43®. Demurrers before delivery to have 
 the matter of law for argument in the 
 margin ; further matters how added 
 and argued. 
 
 44 ® . Joinder, in demurrer secured by a 
 fourteen day notice. 
 
 45®. Entries of , continuances forbidden; 
 
370 
 
 Chap. 134. 
 
 [PAET III. 
 
 Rule 
 
 pleas puis darrein^ &c., how pleaded. 
 
 46 ® . Entries of warrants of attorney, and 
 
 pledgee, &:c. forbidden. 
 
 47 ® . First entry in a cause,, what shall be 
 
 held. 
 
 48 ° . Plaintiff may file the issue at any 
 
 time before trial. 
 
 49 ° . Amendments for variances may be 
 
 allowed on trial. 
 
 50 ° . Order for amendment, how entered. 
 
 51 ° . Party dissatisfied with amendment 
 
 may apply for new trial. 
 
 52 ® . Instead of an amendment the judge 
 
 may direct the jury to find the facts 
 and adjudicate thereon. 
 
 55 ^ . What defects are cured by verdict. 
 54 ° . Special cases may be prepared. 
 
 65. Tenirej where local, may be changed 
 by application to the court. 
 
 56 ® . Notice of trial, how long necessary ; 
 
 of continued costs of the day, when 
 incurred. 
 
 57 ° . Continuances for the absence of a 
 
 witness, when and how granted. 
 
 68 ® One counsel only to be heard on each 
 side on a motion during trial 5 if cases 
 are cited one counsel in reply. 
 
 59®. Defendant's counsel may open his 
 evidence and close his case ; the plain- 
 tiff to have the general reply. 
 
 60° . "Where bail is filed, a rule nisi for a 
 new trial being refused, entry of judg- 
 ment is thereby stayed. 
 
 61 ° . Admission of improper evidence no 
 
 ground for a new trial if there was 
 other sufficient evidence. 
 
 62 '=' Costs to follow the judgment. 
 
 63 ® . Where damages in trespass or case 
 
 are un,der forty shillings, to entitle 
 plaintiff to costs the judge must cer- 
 certify, tnjless in cases of trespass to 
 land where notice has been given. 
 
 64 ® . In what cases one of several defen- 
 
 dants entitled to costs. 
 
 65 ° . Plaintiff shall not recover, but shall 
 
 pay costs if he have had opportunity 
 of setting off his claim^ unless in spe- 
 cial cases. 
 
 66 ° . An acceptor of a bill of exchange or 
 
 a maker of a note may have Ta stay of 
 
 proceedings, on payment of debt and 
 
 costs in that action., 
 _67°. A party in ejectment entitled to 
 
 costs where lessor of plaintiff refuses 
 
 to join in a consent rule. 
 68 "^ . Defendant entitled to execution for 
 
 his costs against lessor of plaintiff. 
 69° . Costs, how allowed, and set-off where 
 
 issues are not all found for one party. 
 ■70°. Costs on & nollp prosequi fov e.ny 
 
 ona coHRt to ba ^llQffed, 
 
 how taxable where papers of excessivo 
 length. 
 
 72 ° . Costs of new trials, how regulated. 
 
 73 ° . Security for costs, when to be applied 
 
 for. 
 
 74 ° - If plaintiff shall not give security 
 
 for costs within twelve months, he 
 shall be out of court. 
 75 ° . Costs to be allowed the successful 
 party on all rules, unless otherwise 
 .ordered. 
 
 76 ® . Costs on commissions and deposi- 
 tions, when used, to be costs in the 
 cause. 
 
 77°. Costs of rules or orders for taking 
 examinations de bene esse., how borne. 
 
 78 ° . Costs to be examined by prothono- 
 tary, and signed by a judge. 
 
 79°. Bill of costs taxed, to be filed. 
 
 80 ° . Notice of taxation of costs accruing 
 in Halifax, how and to whom given ; 
 papers to be filed ; no notice neces- 
 sary where there is no appearance. 
 
 81®. Execution may issue for interlocu- 
 tory costs. 
 
 82 ° . Interest, in what cases, and how al- 
 
 lowed. 
 
 83 ® . Damages may be allowed in nature 
 
 of interest. 
 
 84 ° . Upon a default in assumpsit or debt 
 
 the court or a judge may assess da- 
 mages. , 
 
 85 ° . If the default be marked in vacation, 
 
 notice of assessment of damages to be 
 given. 
 
 86 ® . Assessment may be had before a ju- 
 
 ry or special jury, upon application. 
 87°. Judgment by default, when to be 
 signed. 
 
 88 ° . Judgment by default for want of a 
 
 plea, how and when marked. 
 
 89 ° . Costs OD pleas of abatement, how re- 
 
 gulated. 
 
 90 ° . Defendant entitled to judgment for 
 
 any excess proved under a set-off. 
 
 91 ° . Judgments of non-pros may be had. 
 92°. Final judgment, how and by whom 
 
 signed. 
 93°. Judgment to have relation to the 
 
 day it was signed. 
 94°., Judgments given at Halifax upon 
 
 causes removed thither, how entered ; 
 
 transcripts to be transmitted. 
 
 95 ° . A scire facias may be sued forth by 
 
 an administrator de bonis non^ upon 
 a judgment obtained by an executor. 
 
 96 ° . "Writs of execution to be in form as 
 
 heretofore ; returnable from term to 
 term, or in pixty days. 
 
 97 ° . Directions to be endorsed on writ, 
 
 ftnrt tiie wwounf ^o b? levied spc^ 
 
TITLE XXXV.] 
 
 Chap. 134. Sect. 1. 
 
 371 
 
 Rule 
 
 99* 
 
 100' 
 101° 
 102 o 
 
 103° 
 
 104° 
 105° 
 
 108' 
 109' 
 
 110° 
 111 
 
 . Executions not to issue till bill of 
 costs and record filed. 
 . A member of provincial parliament, 
 if released by his privilege, may be 
 retaken in execution. 
 . Current coin may be taken in exe- 
 cution. 
 
 . Bank notes, &c,, may be taken in 
 execution. 
 
 . Wearing apparel, bedding, tools of 
 trade, and the last cow, exempted 
 from execution. 
 
 . "VYrit of execution to bind goods from 
 the date of its receipt by sheriif, to be 
 endorsed thereon. 
 
 . Satisfaction piece, how signed, &c. ; 
 form. 
 
 . List of continued and new causes in 
 HaUfax, when to be given prothono- 
 tary. 
 
 . Rules to guide prothonotary in ma- 
 king up docket J priority in new 
 causes, how determined. 
 . Dockets of continued, and of new 
 causes in Halifax, when to be called ; 
 parties required to answer, otherwise 
 judgment. 
 
 . Docket to be called but once. 
 . Addition and place of residence of a 
 person making an affidavit to be in- 
 serted therein, unless he be a party in 
 the cause. 
 
 Days, how computed. 
 . Costs of making a judge's order a 
 rule of court, by whom to be paid. 
 . Causes for argument, when to be 
 entered. 
 
 Rule 
 
 113°. Rules nisi operating to delay judg- 
 ments, to be entered by the parties 
 obtaining them. 
 
 114°. Entry of causes, by whom to be 
 made ; cause not be entered a second 
 time. 
 
 116 ° . Demurrer books, affidavits, &c., and 
 papers upon which rules nisi have 
 been granted, when to be filed. 
 
 116 ° . Judges' report of a cause for argu- 
 ment, when to be filed ; copies, how 
 procured ; report, how amended. 
 
 117 ° . Judgments to be delivered the first 
 day of term ; and motions heard. 
 
 118 ° . Rules nisi, how obtained on first day 
 of term. 
 
 119 ° . Remainder of term to be devoted to 
 arguments ; order of arguments ; no 
 concilium to be moved. 
 
 120 ° . Modes of arguing rules nisi. 
 
 121 ° . Copies of papers to be furnished 
 judges. 
 
 122 ° . One summons only shall be neces- 
 sary before an order, at chambers. 
 
 123 ° . When a judge is authorized to grant 
 an order he may grant a rule nisi re- 
 turnable to term. 
 
 Section 
 
 2. Cases not provided for shall be governed by 
 
 the practice of the queen's bench. 
 
 3. Rules touching the pleadings of the court or 
 
 its practice, how made and published. 
 
 4. The practice of the queen's bench relating to 
 
 defects in pleas, &c., abatement, disconti- 
 nuance, forfeits, &c., &c., to be continued 
 in force. 
 
 1. The following rules shall be observed in the supreme court : 
 
 1 ^ - The defendant having been duly served shall be bound to 
 appear and plead within four days after filing of the declaration at 
 Halifax, or before the opening of the court on the day after filing 
 of the declaration in every other county. 
 
 2 ^ . It shall not be necessary to file warrants of attorney to 
 prosecute or defend. 
 
 3 ^ . If any declaration in assumpsit, being for any of the de- 
 mands mentioned in the schedule of forms and declarations an- 
 nexed to an order of the superior courts of common law in Eng- 
 land in the year one thousand eight hundred and thirty-one, or 
 demands of a like nature^ shall exceed in length such of the forms 
 set forth or directed in the schedule as may be apphcable to the 
 case ; or if any declaration in debt for similar causes of action, and 
 for which the action of assumpsit would lie, shall exceed such 
 length, no costs of the excess shall be allowed to the plaintiff if he 
 succeeds in the cause, and such costs of the excess as have been 
 incurred by the defendant shall be -taxed and allowed to the defen- 
 dantj and be deducted from the costs allowed to thejplaintifi". 
 
 Rules of the su- 
 preme court": 
 Defendant, to ap- 
 pear and plead in 
 Halifax within - , , 
 four days after 
 fihng declara- 
 tion 5 in other 
 counties before 
 the opening of the 
 court on the suc- 
 ceeding day. 
 Warrants of attor- 
 ney need not be 
 filed. 
 
 Costs for unne- 
 cessary length of 
 declaration disal- 
 lowed to plain- 
 tiff ; costs of ex- 
 cess, when allow- 
 ed defendant. 
 
372 Chap. 134. [paet m. 
 
 Venae to be In 4 ° . The name of a county shall in all cases be stated in the 
 declaration °an4° margin of a declaration, and shall be taken to be the venue in- 
 MrinsSbseque'nt tended by the plaintiff, and no venue shall be stated in the body 
 pleading ; where of the declaration or in any subsequent pleading, but in cases 
 necessary it shall -ffhere local dcscription is now required such local description shall 
 '^«"^"- be given. 
 
 In trespass q. f. g. 5 ° . In actions of trespass qvare clausum f regit the close or 
 t^Te\Lven,orthe placc in Tvhich, &c. must bc designated by name or abuttals, or 
 demur.*"'""'^ Other dcscription, in failure whereof the defendant may demur 
 
 specially. 
 Omission to state g ° . Where the statement of the real or precise time is unne- 
 
 a precise time , . . - . . , ^ . - 
 
 with material fact ccssary, the omissiou to state the time with any matenal or traver- 
 necYssary°shau°' sablc fact shall not bc causc of demurrer. 
 
 demumr'^^ °' '^ ° ■ Pledges to prosccutc shall not in future be stated at the 
 Pledges to prose- conclusiou of the declaration. 
 
 staged."" ° " 8° . With every declaration containing counts in indebitatus, 
 S'be'de'iwerrd'™ assumpsit. Or debt on simple contract, the plaintiff shall deliver 
 with declaration. fuH particulars of his demand under those counts when such par- 
 ticulars can be comprised within three folios, and where the same 
 cannot be comprised within three folios he shall deliver such a 
 statement of the nature and amount of his claim as may be com- 
 prised within that number of folios, and in all such cases if any 
 declaration be delivered without such particulars or such statement 
 and a judge shall afterwards order a delivery of particulars, the 
 plaintiff shall not be allowed any costs in respect of the particulars 
 he may afterwards deliver. 
 Summons and or- 9 ° . A summons for particulars and order thereon may be 
 ra'aybe^given by obtained ffom a judgc or the prothonotary by either party without 
 nou^y^wlthout'" the productiou of any affidavit, but a summons and order for fur- 
 affidavit i further thcr Or better particulars shall be granted only by a iudge, and 
 
 particulars, how j-,,.^ ^ J./J©? 
 
 obtained. upon aindavit. 
 
 Time for pleading 10 ° . A defendant shall be allowed the same time for plea- 
 parMcuiarinudg- ding after the delivery of particulars under a judge's or prothono- 
 ™ened"''^° '" "' tary's order which he had at the return of the summons, never- 
 theless judgment shall not be signed until the day after the deli- 
 very of particulars unless otherwise ordered by a judge, and the 
 judge may order further time. 
 Defendant cnti- 11 ° . If the declaration be not served on the defendant, if re- 
 ance'for^shortser- sidiug within the Same county where the action is brought at least 
 
 vice of declara- 
 tion. 
 
 eight days, if in any other county at least fourteen days, and if the 
 defendant resides in Cape Breton and the action is brought in any 
 county not in the island or if the defendant resides out of Cape 
 Breton and the action is brought within any county in the island 
 at least twenty-one days, before the return day of the writ, the de- 
 fendant shall be entitled to a continuance. 
 
 Special bail, when 12 "^ . Special bail shall be put in within the time allowed to 
 
 '"P"""- appear and plead. 
 
 Where defendant 13 ° Where a dcbtor is committed to jail on mesne process, 
 
 "eYon''flmig''com- ^^^ the plaintiff does not proceed to trial in the same term to 
 
 mon bail. 
 
TITLE XXXV.] Chap. 134. 373 
 
 which the writ is returnable, or in the sittings thereafter, the de- 
 fendant shall be discharged on filing common bail on the last day 
 of such term or sittings thereafter, provided he was ready for trial 
 at such term or sittings, and had pleaded issuably to the declara- 
 tion, if served upon him, and given notice of his readiness for trial, 
 and provided the cause had been called for trial ; and also provided 
 the court shall not on sufficient cause shewn on affidavit be of opi- 
 nion that the defendant ought not to be discharged. 
 
 14 =■ . A plaintiff shall be deemed out of court unless he shall court "niess ha 
 declare within a year after process is returnable. aeoiaie within 
 
 15 ° . The declaration in ejectment shall be served the same Declarations in 
 number of days before the return day of the term as is required ^veTand d^- 
 for service of declarations in other causes, and judgment by default faults, how 
 be marked against the casual ejector, as judgment by default may 
 
 be marked in other causes, and subject to the like rules. 
 
 16 ° . In every action of ejectment the defendant shall specify consent mie to 
 in the consent rule for what premises he intends to defend, and defended ; con- 
 shall consent in such rule to confess upon the trial that the defen- 'eedinga at'the"' 
 dant, if he defends as tenant, or in case he defend as landlord, that '™'- 
 
 his tenant was at the time of the declaration in possession of such 
 premises ; and if upon the trial the defendant shall not confess 
 such possession, as well as lease, entry, and ouster, whereby the 
 plaintiff shall not be able further to prosecute his suit against the 
 defendant, then no costs shall be allowed for not further prosecu- 
 ting the same, but the defendant shall pay costs to the plaintiff in 
 that case to be taxed. 
 
 17 ° . In all cases in which by the practice of the court of °oJe*^"'"crart- 
 queen's bench previous to the Enghsh act third and fourth Wil- mie for when ne- 
 liam the fourth chapter forty-second, and which prevailed in this "°'^^'^- 
 province, money could be paid into court in certain actions by ob- 
 taining a side bar rule for such payment, no such rule shall be 
 hereafter necessary therefor. 
 
 18 ® . In all personal actions, except actions for malicious ar- Actions spedfled 
 
 . ^ . . ^ ' . T, ,. 1 T. m which money 
 
 rest or prosecution, cnmmal conversation, or debauching the plain- may ue paid into 
 tiff's daughter or servant, the defendant, by leave of the court or a 
 judge, may pay into court a sum of money by way of compensation 
 or amends. 
 
 19 ® . When money is paid into court, such payment shall be Payment of mo- 
 pleaded in all cases, and in any stage of the cause, and as near as how piKide°d. 
 may be in the following form, mutatis mutandis : 
 
 C. D. ) The day of the defendant by , 
 
 ats > his attorney, [or in person, ^c.,] says [or in case it 
 
 A. B. ) m^ay be pleaded as to part only, as to £ , being 
 
 part of the sum in the declaration or count mentioned, 
 
 or as to the residue of the sum of £ , ] the plaintiff ought 
 
 not further to maintain his action, because the defendant now brings 
 
 into court the sum of £ , ready to be paid to the plaintiff; 
 
 and the defendant further says that the plaintiff hath not sustained 
 damages, [or in actions of debt, thai he was not at the time of the 
 
not. 
 
 374 Chap. 134. [pakt hi. 
 
 commencement of the suit mdehted to the plaintiff,'] to a greater 
 
 amount than the said sum, &c., in respect of the cause of action in 
 
 the declaration mentioned, [or in the introductory part of this 
 
 plea mentioned,] and this he is ready to verify; wherefore he 
 
 prays judgment if the plaintiff ought further to maintain his action 
 
 thereof 
 
 Money to whom £0 "^ . When mouoy is paid into court the same shall he paid 
 
 gfYen r^ow paid to the proper officer, who shall give a receipt for the amount in the 
 
 °"'' margin of the plea, and the same shall he paid out to the plaintiff 
 
 on demand. 
 Replication and 21 ° . The plaintiff after delivery of a plea of payment of mo- 
 ceedings when uey iuto court shall be at liberty to reply to the same by accepting 
 Sii°and'wiien° the sum SO paid into court in full satisfaction and discharge of the 
 cause of action, in respect of which it has been paid in ; and he 
 shall be at liberty in that case to tax his costs of suit, and in case 
 of non-payment thereof within twenty-four hours to sign judgment 
 for his costs of suit so taxed, or the plaintiff may reply that he has 
 sustained damages, or that the defendant was and is indebted to 
 him, as the case may be, to a greater amount than the said sum ; 
 and in the event of an issue therein being found for the defendant, 
 the defendant shall be entitled to his judgment, and costs. 
 Rule for further 22 "^ . No rulc for further time to plead shall be granted upon 
 when and how the application of counsel alone, nor unless the grounds of such ap- 
 granted. plicatiou bo discloscd by affidavit, and it shall then rest with the 
 
 court in its discretion to grant such rule under the special circum- 
 stances of each particular case. 
 Pleadings, how 23 ° . It shall be imperative on the party, plaintiff or defen- 
 an serve . ^^^^^ ^^ deliver to the opposite party or his attorney, as well as to 
 file all pleadings within the time limited therefor. 
 Fourteen days' 24 "^ . With any plca and other subsequent pleadings delivered 
 served wuh pleas, i^ S'^J causo, in term or vacation, the party so pleading shall be 
 &c.; their effect ; at liberty to scrvc a notice to the following effect, annexed thereto : 
 under, how taken " fourteen days are given to the plaintiff or defendant to reply, 
 rejoin, &c. in this cause," signed A. B., plaintiff's or defendant's 
 attoi-ney — which notice shall supersede and be in place of the rule 
 to plead heretofore taken out ; and thereupon, if the party thus 
 notified shall neglect to file his replication, rejoinder, or other 
 pleadings, as the case may be, within fourteen days from the time 
 of service of such notice, and to deliver a copy of the same to the 
 opposite attorney, the party giving such notice shall, after the ex- 
 piration of that time, be at liberty, being plaintiff in the cause, to 
 mark a default as for want of plea, or, being defendant, to sign 
 judgment of non-pros ; provided however that the court or a judge 
 may, as heretofore, upon apphcation, grant further time to plead, 
 and may also, upon proper cause alleged and verified, order such 
 default or non-pros to be set aside upon such terms as shall be 
 thought reasonable and just ; and provided further, that the court 
 or any judge thereof may, in such cases as require' it, give a rule 
 or order to reply, &c., Tvithin any shorter period than fourteen 
 days. 
 
 off. 
 
TITLE XXXV.] 
 
 Chap. 134. 
 
 375 
 
 25 ® . It shall not be necessary to have a counsel's signature 
 to any pleading, but all pleadings shall be signed with the name of 
 the party or his attorney. 
 
 26 ° . The defendant shall not be at liberty to waive his plea 
 ■without leave of the court or of a judge. 
 
 27 ° . No plea in abatement for misnomer shall be allowed in 
 any personal action, but in all cases in which a misnomer could 
 heretofore have been pleaded in abatement of such actions, the de- 
 fendant shall be at liberty to cause the declaration to be amended 
 at the cost of the plaintiff by inserting the right name upon a 
 judge's summons founded upon an affidavit of the right name, and 
 in case such summons shall be discharged the costs of such ap- 
 plication shall be paid by the party applying if the judge shall 
 think fit. 
 
 28. ° . Wherever there are mutual debts in the same right, one 
 debt may be set off against the other, although such debts may be 
 deemed in law to be of a different nature. 
 
 29 ° . The debt in such case may be pleaded in bar, or, provi- 
 ded notice of set-off in the usual form has been served on the plain- 
 tiff and filed along with the plea, such debt may be given in evi- 
 dence under the general issue. 
 
 30 ° . The notice of set-off may be served with any pleas of 
 the defendant, and shall have the same effect at the trial as if it 
 had been pleaded. 
 
 31 ° . Where the action is brought or the set-off is founded on 
 a penalty contained in any specialty, such set-off shall be pleaded 
 in bar, and the plea shall shew how much is due on either side. 
 
 32 ° . In a plea or subsequent pleading intended to be pleaded 
 in bar to the whole action generally, it shall not be necessary to 
 use any allegation of actionem non, or to the like effect, or any 
 prayer of judgment ; nor shall it be necessary in any replication or 
 subsequent pleading intended to be pleaded in maintenance of the 
 whole action to use any allegation of precludi non, or to the like 
 effect, or any prayer of judgment ; and all pleas, replications, and 
 subsequent pleadings, pleaded without such formal parts, shall be 
 taken unless otherwise expressed, as pleaded respectively in bar or 
 in maintenance of the whole action : provided that nothing herein 
 contained shall extend to cases where an estoppel is pleaded. 
 
 33 ° . No formal defence shall be required in a plea, and it 
 shall commence as follows : " The defendant by , his attor- 
 ney [or i7i person] says that ." 
 
 34 ° . It shall not be necessary to state in a second or other 
 plea or avowry that it is pleaded by leave of the court or according 
 to the form of the statute, or to that effect, nor shall such leave be 
 required. 
 
 35 ° . Where there are two or more counts substantially for 
 the same cause of action, or two or more pleas raising substantially 
 the ssmp defence to the sawe gauge of action, the defendfmt or plains 
 
 tiff fflfl,^, m SHIgPSt^^Rg thf' l^et W W pteft W |'P|iUpftfi'--iri, ])h:d, ft 
 
 Pleadings must be 
 signed by the par- 
 ty ,or his attorney. 
 
 Pleas to be waived 
 only by leave. 
 
 Pleas of abate- 
 ment for misno- 
 mer in personal 
 actions not to be 
 allowed ; procee- 
 dings substituted 
 instead. 
 
 Mutual debts may 
 be set oflf. 
 
 Set-off may be 
 pleaded, or notice 
 thereof given. 
 
 Notice of set-off 
 may be served 
 with any plea 5 
 effect of such ser- 
 vice. 
 
 Set-off, how plea- 
 ded in cases of 
 penalties. 
 
 Formal words, 
 such as actionem 
 non and the like, 
 when unneces- 
 sary. 
 
 Formal defences 
 unnecessary ; 
 commencement of 
 plea given. 
 
 Leave of the court 
 not required to 
 plead a second or 
 subsequent plea. 
 
 A single plea to 
 two or more 
 counts, ov one re- 
 pUofttioR to tyq ov 
 mora ^\mx Wll9fl 
 
376 
 
 Chap. 134. 
 
 [PAKT III. 
 
 General issue may 
 be pleaded, and 
 the special matter 
 given in evidence, 
 where defendant 
 has acted under 
 any statute 
 In such case the 
 words " by sta- 
 tute" to be in the 
 margin of the 
 plea. 
 
 "Where a party 
 appears in any 
 suit iaarepresen- 
 tative character, 
 his right so to ap- 
 pear shall be held 
 admitted unless 
 specially denied. 
 
 Protestations in 
 pleadings forbid- 
 den. 
 
 Special traverses, 
 &c., to conclude 
 to the country ; 
 when the other 
 pai-ty may plead 
 over to the in- 
 ducement. 
 Discontinuance, 
 how effected. 
 
 Torm of a demur- 
 rer. 
 
 Demurrers before 
 delivery to have 
 the matter of law 
 for argument in 
 the margin ; fur- 
 ther matters how 
 added and ar- 
 puud. 
 
 Joinder in de- 
 murrer secured 
 by a fourteen day 
 notice. 
 
 single plea or replication to such counts or pleas ; and when the 
 opposite party insists that the cause of action or defence is not the 
 same, he may apply on affidavit to the court or a judge, who may 
 set aside the plea or replication on such terms, or make such other 
 order, as shall appear to be right or just. 
 
 36 "^ . In a suit against any person for anything done under the 
 authority of an act of the imperial parliament or of the general 
 assembly, the general issue may be pleaded and evidence of the 
 special circumstances may be given thereunder. 
 
 37 ° . In every case in which the defendant shall plead the 
 general issue intending to give the special matter in defence by 
 virtue of an act of parliament or of the general assembly, he shall 
 insert in the margin of such plea the words " by statute." 
 
 38 ° . In all actions by and against the assignees of a bank- 
 rupt or insolvent, or executors or administrators, or persons autho- 
 rized by act of parhament to sue or be sued as nominal parties, 
 the character in which the plaintiff or defendant is stated on the 
 record to sue or be sued, shall not in any case be considered as in 
 issue, unless specially denied. 
 
 39 ° . No protestation shall hereafter be made in any pleading, 
 but either party shall be entitled to the same advantage in that or 
 other actions, as if a protestation had been made. 
 
 40 ° . All special traverses, or traverses with an inducement of 
 affirmative matter, shall conclude to the country ; but this regula- 
 tion shall not preclude the opposite party from pleading over to the 
 inducement, when the traverse is immaterial. 
 
 41 '^ . To entitle the plaintiff to discontinue after plea pleaded, 
 it shall not be necessary to obtain the defendant's consent, but the 
 rule shall contain an undertaking on the part of the plaintiff to pay 
 the costs when taxed, and judgment therefor may be entered forth- 
 with. 
 
 42° . The form of a demurrer shall be as follows : 
 
 " The plaintiff [or defendant\ by his attorney, [or in 
 
 person,] says that the declaration, [or plea, Sf'c] is not sufficient 
 
 in law," shewing the special cause of demurrer, if any. The form 
 
 of a joinder in demurrer shall be as follows : 
 
 " The plaintiff [or defendant] says that the declaration [or plea, 
 
 6f'c.] is sufficient in law." 
 
 43 ° . In the margin of every demurrer, some matter of law 
 intended to be argued shall be stated ; and if any demurrer shall 
 be delivered without such statement, or with a frivolous statement, 
 it may be set aside as irregular, by the court or a judge, and leave 
 may be given to sign judgment as for want of a plea ; but the party 
 demurring may, at the time of the argument, insist upon any fur- 
 ther matters of law which have been added to the demurrer by a 
 judge's order. 
 
 44 ° . No rule for joinder in demurrer shall be required, but 
 the party demurring may demand a joinder in demurrer ; and the 
 opposite party shall be bound within fourteen days after such de- 
 mand to deliver the same, otherwise judgment. 
 
TITLE XXXV.] Chap. 134. 377 
 
 45 ® . No entry of continuances by way of imparlance, curia Entries of conti- 
 advisari vidt, vicecomes non misit breve, or otherwise, shall be SenTpier/pSj 
 made upon any record or roll whatever, or in the pleadings ; but in <*fmn, &o., how 
 
 11 • I,' 1- 1 -7 • • ■ \ ■, pleaded. 
 
 all cases in ■wnicn a 'plea puis darrein continuance is now by law 
 pleadable, the same defence may be pleaded with an allegation that 
 the matter ai-ose after the last pleading, or the issuing of the jury 
 process, as the case may be. 
 
 46 ° . No entry shall be made on record of any warrants of Entries ofwar- 
 attorney to sue or defend, nor of pledges to prosecute. and%ieages,Tc^; 
 
 47 '^ . The entry of proceedings on the record for trial, or on ^'^^™\°' i 
 the judgment roll, shall be taken to be, and shall be in fact, the first <=ause, what shaii 
 entry of the proceedings in the cause, or of any part thereof on ^ ^ ' 
 record. 
 
 48 "^ . In all causes the plaintiff may file the issue at any time piaintiirmayflie 
 
 nrpvir)ii=! to thp trinl the issue at any 
 
 pievlOUtj lO lue Xriai. time before tnai. 
 
 49 "^ . In any civil action, information in the nature of a quo Amendments for 
 icarrajito, or proceedings on a mandamus, the judge may at the Xweron'triai, ° 
 trial, cause the pleadings, issue roll, writ or document on which 
 
 the trial is pending to be forthwith amended, wherever any variance 
 shall appear between the recital in such pleadings, issue roll, writ 
 or document, and the proof of any contract, custom, prescription, 
 name, or any other matter not material to the merits of the case on 
 such -terms, as to payment of costs or postponement of trial, or 
 both,, as the judge may deem reasonable. 
 
 50 ° . The order for such amendment shall be entered on the order tor amend- 
 issue roll or other document upon which the trial may be had. "^"4; ''"^ ™' 
 
 51 ° . The party against whom such amendment shall be made. Party dissatisfied 
 if dissatisfied therewith, may apply to the court for a new trial on ^ay appfyfor^"' 
 that ground; and the court shall thereupon make such order as to °<=w trial. 
 
 a new trial, and the terms on which such trial shall be granted, or 
 such other order as they may deem reasonable. 
 
 52 ° . In all such cases of variance, the iudge, instead of cau- instead of an 
 
 .1 -iiT • n T , L ^ 11 amendment the 
 
 Sing the writ, pleadings, issue roll or document, to be amended, judge may direct 
 may direct the jury to find the facts according to the evidence; and fhefictTandla* 
 such finding shall be stated on the writ, issue roll or document ; jadicate thereon. 
 and if the judge shall deem such variance immaterial to the merits 
 of the case, and the misstatement such as could not have prejudiced 
 the opposite party, he shall give judgment according to the justice 
 of the ease. 
 
 53 ° . All defects, variances and omissions in the pleadings what defects are 
 which could be taken advantage of by a special demurrer only, 
 
 shall be cured by a verdict. 
 
 54°. The parties in any action or information, after issue special eases may 
 joined, may make a special case for the opinion of the court, and 
 judgment shall be entered for the plaintiflF or defendant as the court 
 may direct. 
 
 55 ° . In any action in which the venue is local the court or a venue, where lo- 
 judge may, on the application of either party, order the issue to be ged "y appiica-" 
 fried, or writ of inquiry |;o be executed, in another county than that in '■'™ '° ""^ """'■ 
 ^48 
 
378 
 
 Chap. 134. 
 
 [)PART III. 
 
 Notice of trial, 
 how long neces- 
 sary ; of costs 
 of tbe day, when 
 incurred. 
 
 Continuances for 
 the absence of a 
 witness, when and 
 how granted. 
 
 One counsel only 
 to be heard on 
 each side on a 
 motion daring 
 trial ; if cases are 
 cited one counsel 
 in reply. 
 
 Defendant's coun- 
 sel may open his 
 evidence and 
 close his case ; 
 the plain tiif to 
 have the general 
 reply. 
 
 Where bail is 
 filed, a rule nisi 
 for a new trial 
 beinjj refused, en- 
 try of judgment is 
 thereby stayed. 
 
 Admission of im- 
 proper cvid'^niv 
 no ground for a 
 new trial if tliere 
 was other sulihci- 
 ent evidence. 
 
 which the venue is laid, and may for that purpose, order a sugges- 
 tion to be entered that the trial may be more conveniently had, or 
 writ of inquiry executed in the county or place where the same is 
 ordered to take place. 
 
 56 ° . A notice of trial shall be given to the defendant or his 
 attorney in every cause where the defendant resides within the 
 county in which the action is brought, at least eight days, if in any 
 other county at least fourteen days, and if the defendant resides 
 in Cape-Breton, and the action is brought in any county not in the 
 Island, or if the defendant resides out of Cape-Breton, and the 
 action is brought within any county in the Island at least twenty- 
 one days, before the first day of the term or the sittings thereafter, 
 and if the plaintiff shall not proceed to trial pursuant to such no- 
 tice, he shall be liable to pay to the defendant the costs of not pro- 
 ceeding to trial, unless he can shew good cause to the contrary, or 
 shall have given to the defendant or his attorney, in case he has 
 appeared, notice of countermand of such trial, at least four days, 
 or in case the defendant resides in Cape- Breton, and the action is 
 brought in any county not in the Island, or the action is brought in 
 any county within the island, and the defendant resides out of the 
 Island at least fourteen days, before the first day of the term or of 
 the sittings thereafter ; but the plaintiff shall, notwithstanding such 
 countermand pay all the costs which the defendant has actually 
 been put to prior to such notice of countermand in consequence of 
 the notice of trial. 
 
 57 ° . No rule shall be granted for the continuance of a cause 
 on the ground of the absence of a material witness, unless the affi- 
 davit upon which the rule is applied for shall, in addition to the 
 usual grounds, distinctly state that the party so applying has a just 
 defence on the merits of the case, and that the application is not 
 made solely for delay, but to enable the applicant to substantiate his 
 defence. 
 
 58 ° . The court will hear one counsel only on each side upon 
 any motion arising during the trial of a cause ; and if cases be cited 
 in opposition to such motion, one counsel will be heard in reply. 
 
 59 ° . When the defendant is about to produce evidence on a 
 trial his counsel shall open the same succinctly to the jury, and 
 after all the evidence on both sides has been adduced, the same 
 counsel shall be entitled to address the jury thereon, after which 
 the plaintiff's counsel shall be entitled to the general reply. 
 
 60 ° . When the judge shall refuse to grant a rule nisi for a 
 new trial in a cause tried before him, and the counsel for the party 
 shall, on or before the last day of term or sittings after term in 
 which the cause has been tried, file sufficient bail in such reasonable 
 amount as the Judge shall direct, to respond the judgment to be 
 iinally given in the cause, no judgment shall be entered up until 
 after the first four days of the next ensuing term at Halifax. 
 
 Ql° . No new trial shall be granted on account of evidence 
 having been improperly received on any trial, if in the judgment of 
 the court there be other evidence sufficient to sustain the verdict. 
 
TITLE XXXV.] Chap. 134. 379 
 
 62°. The party in whose favor a judgment shall be given costs to fouow the 
 shall be entitled to recover from the opposite party his taxable J""^""™'- 
 costs. 
 
 63 * . If the plaintiff in any action of trespass, or trespass on yfhere damages 
 the case other than assumpsit, shall recover less damages than case'li-runder 
 forty shillings on the trial of any issue, or an inquiry or default, eSe'tlJe'pSta- 
 he shall not recover any costs, unless the judge before whom the ^'ff'° costs the 
 issue is tried shall at the trial certify on the back of the issue roll utyf u™e'a3"'in 
 that the action was brought to try a right, besides the mere right toTancTwto-?^- 
 to recover damages for the trespass or grievance for which the ^'™ '^'^^ ''«™ s'- 
 action was brought, or that the trespass or grievance for which the 
 
 same was brought was wilful and malicious ; but nothing in this 
 section shall be construed to deprive any plaintiff of costs in any 
 action for a trespass on any lands, or for entering into any tene- 
 ment, 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. 
 
 64 ° . Any one of several defendants shall be entitled to his in what cases one 
 taxable costs when the plaintiff shall not prosecute his suit to final danueuuticd to 
 judgment against him, and also in cases where upon the trial of ™^'°" 
 
 the issue a verdict shall pass in his favor, unless in case of a trial 
 the judge before whom the trial was had shall certify at the trial 
 that there was reasonable cause for making him a party to the 
 action. 
 
 65 ° . Whenever it shall appear that the plaintiff hath had an piaintiffshaii not 
 opportunity of setting off his claim, and shall not give a satisfac- pry™ses"it'he" 
 tory reason for not having done so, he shall pay the defendant his ^^^ •""? "pp"''- 
 costs, and shall not be entitled to recover his own. up his claim, un- 
 
 66 ° . In any action against an acceptor of a bill of exchange jTases!" °'"^"'" 
 or the maker of a promissory note, the defendant shall be at liberty M"i^°exch°an''ior 
 to stay proceedings on payment of the debt and costs in that action » makei- ot a note 
 
 1 may have a stay 
 
 only. of proceedings on 
 
 67°. Where a party is served with a declaration in eject- aS ™s's of that 
 ment and files a consent rule, he shall be entitled to his costs ^^'™[ ■ . 
 against the lessor of the plaintiff for not proceeding in such action, ment entitled to 
 although such lessor shall refuse or neglect to sign such con- sor'of pi'Silnuff fe- 
 
 flonf ynla fuses to join in a 
 
 sent ruie. ^^^^^.^^ ,,^,^ 
 
 68 ° . When a defendant in ejectment obtains judgment, or a Defendant enti- 
 rule absolute with costs, he shall be entitled to take out an execu- fj,'\'° cos™""" 
 tion therefor against the lessor of the plaintiff. ^f aS'"^°' "' 
 
 69 ° . No costs shall be allowed on taxation to a plaintiff upon costs, how aiiow- 
 any counts or issues upon which he has not succeeded, and the where" issu"3°are 
 costs of all issues found for the defendant shall be deducted from °°' ,^15°™'' '"' 
 
 • 1 • • /*» 4 One pflrty. 
 
 the plaintifi s costs. 
 
 70 ° . Where any nolle prosequi shall have been entered upon Costs on a noue 
 any count the defendant shall be entitled to judgment for and re- ?™Snt°to*be 
 cover his reasonable costs in that behalf allowed. 
 
 71 ° . On the taxation of costs, as between attorney and client. Costs between at- 
 no costs shall be allowed to the attorney in respect of any excess howTaxawf''"' 
 
380 
 
 Chap. 134. 
 
 [part III. 
 
 where papers are 
 of excessive 
 length. 
 
 Costs of new trials 
 how regulated. 
 
 Security for costs, 
 when to be ap- 
 plied for. 
 
 If plaintiff shall 
 not give security 
 for costs within 
 twelve months, he 
 shall be out of 
 court. 
 
 Costs to be al- 
 lowed the suc- 
 cessful party on 
 all rules, unless 
 otherwise or- 
 dered. 
 
 Co=ts on commis- 
 sions and dei)osi- 
 tions, when used, 
 to be costs in the 
 cause. 
 
 Costs of rules or 
 orilers for taking 
 examinations de 
 bene esse^ how 
 borne. 
 
 Costs to be exa- 
 mined by protho- 
 notary,and signed 
 by a judge. 
 
 Bill of costs taxed, 
 to be nied. 
 
 Notice of taxation 
 of costs accruing 
 in Halifax, how 
 and to whom 
 givan ; papers to 
 be filed 5 no no- 
 tice necessary 
 where there is no 
 appearance. 
 
 Execution may 
 issue for interlo- 
 cutory costs. 
 
 Interest, in what 
 cases, and how 
 allowed. 
 
 Damages may be 
 allowed in nature 
 of interest. 
 
 of length in the declaration ; and in case any such costs shall be 
 payable by the plaintiff to the defendant on account of such excess, 
 the amount thereof shall be deducted from the attorney's bill. 
 
 12° . If a new trial be granted without any mention of costs 
 in the rule, the costs of the first trial shall not be allowed to the 
 successful party though he shall succeed in the second. 
 
 73 ° . An apphcation to compel the plaintiff to give security 
 for costs must, in ordinary cases, be made before issue joined. 
 
 74 ° . Where the plaintiff shall fail to give security for costs 
 within twelve months after service upon him or his attorney of a 
 rule or order therefor, he shall be deemed out of court. 
 
 75 "^ . On all rules made absolute or discharged, and on all 
 rules opposed in the first instance thereof, the costs shall be 
 allo\Yed to the successful party unless the court shall otherwise 
 direct. 
 
 76 ° . The costs attending the issuing of any commission, and 
 of taking depositions thereunder, when used on the trial, shall be 
 costs in the cause. 
 
 77 ° ■ The costs of every rule or order for taking the examina- 
 tion of witnesses de bene esse, shall be costs in the cause unless 
 otherwise directed. 
 
 78 ° . The prothonotary shall examine and compare all bills of 
 costs that they contain no other or greater fees than are allowed by 
 law ; and before any such bill shall be charged against the plaintiff 
 or defendant, it shall be allowed and signed by a judge. 
 
 79 ° . All bills of costs when taxed shall be filed among the 
 bills of costs of the term ; and every bill of costs taxed on any rule 
 or proceeding in a country cause argued at Halifax shall be filed 
 immediately after taxation at Halifax, otherwise no execution shall 
 issue for enforcing payment of such costs. 
 
 80 "^ . Before taxation of costs accruing in Halifax, one day's 
 notice shall be given to the opposite party, his counsel or attorney, 
 and the bill, with all affidavits and papers substantiating the charges 
 therein, shall be filed with the prothonotary previously to the giving 
 of such notice ; but notice of taxing costs shall not be necessary in 
 any case where the defendant has not appeared in person or by his 
 attorney or guardian. 
 
 81 ° . When interlocutory costs are taxed against any party, 
 execution may be issued for the recovery thereof 
 
 82 ° . Upon all debts or sums certain, the jury, or the court or 
 a judge where there is no jury, may allow interest to the creditor 
 at a rate not exceeding legal interest, from the time the debt or 
 sum became payable if payable at a certain time under a written 
 instrument, or if payable otherwise, then from the time a demand 
 of payment in writing containing a notice that interest will be 
 claimed, from the date of the demand until payment shall have been 
 made. 
 
 83 ° . The jury, or the court or a judge where there is no jury, 
 may give damages in the nature of interest over and above the 
 
TITLE XXXV.] Chap. 134. 381 
 
 value of the goods at the time of the conversion or seizure, and over 
 and above the money recoverable in an action on policies of insu- 
 rance. 
 
 84 '-' . In any action of assumpsit or debt where a judgment of upon a default in 
 
 jrt,. Ill .1 11 assumpsit or 
 
 ueiault has been marked, the court or a judge may assess the da- debt the com-t or 
 mages on competent evidence in -writing or viva voce. Upon such ses" damages."'" 
 assessment signed by the judge or prothonotary being filed, the 
 costs in the action may be taxed and final judgment entered 
 thereon. 
 
 85 "^ . When the default shall have been marked, or interlocu- " the default be 
 
 .T ,,. . ,. ..^„, marked in vaca- 
 
 tory judgment signed m vacation, a notice m -writing ot the assess- tion, notice of as- 
 ment of damages shall be given the same number of days as re- mI™s'"to'be*"' 
 quired in notices of trial. s'*'^"- 
 
 86 ° . Either party, upon due application to the court or a Assessment may 
 judge, may have the assessment made by a jury, or at any as- j'u,y''or ''special' 
 sessment to be made before the court, if the court should think •'"'J' "p°° ''pp"" 
 
 /. . . cation. 
 
 fit, by a special jury ; and at any assessment before a judge, he 
 may order such assessment to be made by a jury. 
 
 87 ® . All judgments of default may be signed at any time after Judgment by de- 
 ten o'clock of the morning following the day on which the time for StniZ ^^ ° ^ 
 pleading has expired. 
 
 88 ° . In all causes when a copy of the declaration and rule Judgment by de- 
 and notice to appear and plead, shall have been duly served and piea, w and" " 
 filed, the plaintiff shall be at liberty to mark a default, unless the '^"^ "^""'^i- 
 defendant shall appear and plead within four days after the filing 
 
 of the declaration against him at Halifax, or before the opening of 
 the court on the day after the filing of the declaration in every 
 other county. 
 
 89 ° . Where a plaintiff on a plea in abatement of the non- costs on pieas of 
 
 ..1 j> ipIj.1' t_ x*i •±^ J. 1 • abatement, how 
 
 joinder ot co-deiendants having been put m, has, without having regulated. 
 proceeded to trial on the plea, commenced another action against 
 the parties named in the plea, and it shall appear that all the ori- 
 ginal defendants are liable, but that one or more of those mentioned 
 in the plea in abatement, or in any subsequent plea in abatement, 
 are not liable, the plaintiff shall be entitled to a verdict or judg- 
 ment against those who shall appear to be liable ; and every de- 
 fendant who is not so liable shall be entitled to recover his costs 
 against the plaintiff, and the plaintiff shall be allowed the same as 
 costs in the cause against the defendant pleading such plea. The 
 defendant pleading such plea may adduce evidence at the trial as to 
 the liabihty of the defendants named by him in his plea. 
 
 90 "^ . Where a set off greater than the plaintiff's claim has Defendant enti- 
 been proved, judgment for the excess shall be given for the defen- for any elreTsT' 
 
 -q„^f proved under a 
 
 aa,m. g^t.^j, 
 
 91 ® . Judgment may be ordered as in case of a non-suit for Judgments of non 
 not duly proceeding to trial, and notice therefor may be given, not- '"'°' ""'' ^^ ''**■ 
 withstanding a previous trial or trials of the cause may have taken 
 
 place. 
 
 92 * . Final judgment may be signed by any judge, and the Pinai judgment, 
 
382 
 
 Chap. 134. 
 
 [part hi. 
 
 how and by whom 
 signed. 
 
 Judgment to 
 have relation to 
 the day it was 
 signed. 
 
 Judgments given 
 at Halifax upon 
 causes removed 
 thither, how en- 
 tered ; trans- 
 cripts to be trans- 
 mitted. 
 
 A scire facias 
 may be sued forth 
 by an administra- 
 tor de bonis non, 
 upon a judgment 
 obtained by an 
 executor. 
 "Writs of execu- 
 tion to be in form 
 as heretofore ; re- 
 turnable from 
 term to term, or 
 in sixty days. 
 Directions to be 
 endorsed on writ, 
 and the amount 
 to be levied spe- 
 cified. 
 
 Executions not to 
 issue till bill of 
 costs and record 
 filed. 
 
 A member of pro- 
 vincial parlia- 
 ment, if released 
 by his privilege, 
 may be retaken 
 in execution. 
 Current coin may 
 be taken in exe- 
 cution. 
 
 Bank notes, kc. 
 may be taken in 
 execution. 
 
 Wearing apparel, 
 tools of trade, 
 and the last cow 
 exempted from 
 execution. 
 Writ of execution 
 to bind goods 
 from the date of 
 its receipt by she- 
 riff, to be endor- 
 sed thereon. 
 
 Satisfaction piece, 
 how signed, &c.; 
 
 judge shall set down the date upon the docket, and the prothono- 
 tar J shall mark on the record the day it was filed, but no marginal 
 note shall be required thereon. 
 
 93 '^ . No judgment shall have relation to any other day than 
 the day on which it is signed. 
 
 94 *^ . When judgment has been given at Halifax upon any 
 cause removed thither from another county, the prothonotary shall 
 enter the judgment in a book to be kept by him for that purpose, 
 and a correct transcript thereof shall be transmitted to the deputy 
 prothonotary of the county whence the cause was removed. 
 
 95. When any judgment after a verdict, shall be had by or in 
 the name of any executor or administrator, in such case an admi- 
 nistrator de bonis non may sue forth a scire facias, and take exe- 
 cution upon such judgment. 
 
 96 ® . Writs of execution shall be as near as maybe in the form 
 heretofore used, and shall be made returnable either in sixty days, 
 or from term to term. 
 
 97 *^ . It shall be competent for the party suing out the writ to 
 direct by endorsement in what manner it is to be executed, which 
 direction the officer shall obey, and the party shall in all cases spe- 
 cify upon the face of the writ, or by endorsement, for what amount 
 it is to be levied. 
 
 98 "^ . No execution shall issue on a judgment in a declaration 
 cause until the bill of costs and record be filed. 
 
 99 '^ . Where any member of the provincial parliament being 
 taken under execution, shall be released by reason of his privilege, 
 he may be taken under a new writ after the expiration of such pri- 
 vilege. 
 
 100 '^ . Current gold and silver coin may be taken in execu- 
 tion, and may be paid to the creditor as money collected. 
 
 101 '^ . Provincial and bank notes, and all bills or evidences of 
 debt issued by any monied 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. 
 
 102 '^ . The necessary wearing apparel and bedding of the 
 debtor and of his family, and the tools or instruments of his trade 
 or calling, and his last cow shall be exempted from execution. 
 
 103* 
 
 No writ of execution shall bind the goods of the defen- 
 
 dant, but from the time the writ shall be delivered to the sheriff to 
 be executed ; and the sheriff shall upon the receipt of the writ, 
 endorse thereon the time at which the same was relieved by 
 him. 
 
 104 ^ . All satisfaction pieces shall be signed by the plaintiff 
 or his personal representatives, unless any judge, upon special 
 circumstances set forth in an affidavit, shall dispense with such 
 signature, and shall be witnessed by a practising attorney of the 
 supreme court. The satisfaction piece may be in the form follow- 
 
TITLE XXXV.] Chap. 134, 383 
 
 In the supreme court, term, 18 — . Tom. 
 
 Satisfaction is acknowledged between , plaintiff, and 
 
 -, defendant, in an action for and —- 
 
 costs. 
 
 Judgment entered on the day of , in the year of 
 
 our Lord one thousand eight hundred and . 
 
 Signed by the above named ) 
 
 in my presence, the same having > A. B. 
 
 been previously explained to ) 
 
 C. D., attorney. 
 
 105 ° . At Halifax the lists of continued jury causes shall be ust of continued 
 given to the prothonotary on or before the Thursday preceding the fn Hawax^when 
 first day of term, and of new causes on or before the last Thursday J2„''n„S^'"'"^°' 
 in term. 
 
 106 ° . In making up the docket of civil causes for trial, the Ru'^s '» eaUe 
 prothonotary shall be guided by the following rules : 1st. All Sating up Zck- 
 summary and appeal causes shall have precedence, except when !iewcMses\w 
 ordered to be tried by a jury, and then they shall he entered on detemined. 
 the docket according to seniority, as in declaration causes. 2nd. 
 
 When declarations are filed on the same day priority shall be regu- 
 lated by the issue of the respective writs. 3rd. Where the decla- 
 rations are filed on different days the priority shall be regulated by 
 the filing of the declaration. In ejectment causes the day of the 
 service of the declaration shall be deemed equivalent to the issue 
 of the writ, and priority of the cause shall be governed by the se- 
 cond or third of the above rules, as the case may be. 
 
 107 '^ . At Halifax the docket of continued causes shall be Dockets of con- 
 called on the first day of every term, and the docket of new causes new^u^sin 
 on the last day thereof, at or shortly after the opening of the court, Halifax, when to 
 and the plaintiff's attorney or counsel, when a cause is first called, required to an- 
 shall be required to state whether he intends to try the same at the jiTd'^gmen't!™'* 
 then next sittings, and, in default of such statement, the cause 
 
 shall be struck out of the docket ; and the attorney or counsel 
 for the defendant shall be required to state whether he intends de- 
 fending the same, and in default of such statement the cause shall 
 be struck out of the docket, and judgment, whether interlocutory 
 or otherwise, may be entered up for the plaintiff, and further pro- 
 ceedings had as if no plea had been filed ; but the court or a judge, 
 upon due cause shewn, and upon such terms as may be thought 
 proper, may order any cause to be again placed on the docket for 
 trial as if it had not been called. 
 
 108 ° . The docket of causes for trial shall be called but once, Docket to be caii- 
 both at the sittings in Halifax and on the circuit. ed but once. 
 
 109 ^ . The additions and place of residence of every person Addition and 
 making affidavit, except the same is made in a cause by any of the of a person mak- 
 parties thereto, shall be inserted therein. tote'taeSe"" 
 
 110 ° . In all cases in which any particular number of days herein unless be 
 
 ,,, 1 . "^Miii 1 ./''be a party in the 
 
 not expressed to be clear days is prescribed by the rules or prac- cause. 
 
 tice of the court, the same shall be reckoned exclusively of the first ^^(^^ '""' ""^' 
 
384 Chap. 134. [part hi. 
 
 day and inclusively of the last day, unless the last shall happen to 
 
 fall on a Sunday, Christmas day, Good Friday, or a day appointed 
 
 a public fast or thanksgiving, in -which case the time shall be 
 
 reckoned exclusively of that day also. 
 
 Costs of making 111 ° . When a judge's order is made a rule of court, it shall 
 
 ?aie oTcom-trby be a part of the rule of court that the costs of making the order a 
 
 whom to be paid. j,^|g ^f court shall be paid by the party against whom the order is 
 
 made, provided an affidavit be made and filed that the order has 
 
 been served on the party or his attorney, and disobeyed. 
 
 Causes for argu- 112 ° . All causes for argument, whether upon demurrer, spe- 
 
 entsreZ''™ *" ^^ "ial verdicts, cases made, or rules nisi which have been granted, or 
 
 causes in which the party has given bail to respond the judgment 
 
 as hereinbefore provided, must be entered with the prothonotary at 
 
 Halifax on or before the Tuesday preceding the first day of the 
 
 term, and such entry shall be deemed notice to the opposite party 
 
 to be prepared for the argument. And in case of such entry being 
 
 omitted from neglect or other cause, judgment shall be entered 
 
 against the party who ought to have made such entry, unless the 
 
 court shall otherwise order. 
 
 Kuies nisi ope- 113 "^ . In all cascs whcro rules nisi have been granted to set 
 
 jua'gmentsfto'be asidc vcrdicts or which may otherwise delay judgment, the party 
 
 paSo'iftaintag "^^^ ^^ obtained the rule shall enter the cause for argument on 
 
 them. the Tuesday preceding the term. 
 
 Entry of causes, 114 ° . The party against whom any rule nisi has been granted 
 nmde'l°cause''not ^^J enter the cause with the prothonotary, and in such case the 
 cause shall be placed upon the list prepared by the prothonotary 
 for the court, in the order in which it first presents itself under the 
 rule, and shall not be entered a second time. 
 Demurrer books, 115. ° The dcmurror book, special verdict, case, judge's report, 
 ancfpapers*up'- ^''^^ affidavits or Other papers upon which rules nisi have been 
 on which rules granted, must be on file on the Tuesday before the first day of 
 
 nisi have been tt t r» 
 
 granted, when to term at Halifax. 
 
 be filed. -|^-|^g o _ -^Q j.^|g jjjgj fQj. ^ T^Q^ trial shall be argued at the com- 
 
 Judges' report of ii-i: 
 
 a cause for argu- mcncement of the term at Halifax unless the judge s report of the 
 filed • copi"es, ^ facts proved, or the points reserved, shall have been filed on the 
 rep^r? hoT'' ' Tucsday preceding the term, which either party requiring the same 
 amended. ghall apply for to the judge, and the judge will deliver his report 
 
 to the prothonotary, who will furnish copies thereof to the parties 
 so requiring the same ; and as the argument will be confined to the 
 facts therein stated, it shall be competent for either party, on no- 
 tice to the adverse party, to apply to the judge to alter or amend 
 the same by his original notes, or otherwise by consent of the par- 
 ties, or on affidavit. 
 Judgments to be 117 ° . On the first day of term at Halifax the court will pro- 
 day'oTterm*; and nouucc judgment, if prepared so to do, upon such cases as have 
 motions heard. })qqt^ fujiy argucd ; after which they will hear motions, which do 
 not require to be entered for argument, in the order in which mo- 
 tions are now heard, beginning with thcBattorney general and so 
 proceeding through the bar according to seniority. 
 
 to be entered a 
 second time. 
 
TITLE XXXV.] Chap. 134. Sect. 2—4. 385 
 
 118 ° . When rules nisi are moyed for on the first day of the Kures msi, iiow 
 term at Halifax, the court, on sufficient grounds laid, ■will grant day of term, 
 the same without hearing the other side. 
 
 ■'to 
 
 rot 
 
 119 ° . The subsequent days of the term at Halifax shall be Kemaindei- 1 
 devoted to hearing arguments upon the cases duly entered with the ted"o arguments; 
 prothonotary, in the following order : the first case upon the attor- menLf norarci- 
 ney general's list — secondly, the first case upon the solicitor gene- numtoiie moved. 
 ral's list, and so on through the whole bar, according to seniority : 
 
 after the first case upon the junior barrister's list has been heard, 
 then the second case upon the attorney general's list, and so on 
 until all the causes entered for argument have been heard. No 
 concilium to be moved for upon demurrers, which will take their 
 turn with other causes entered for ai-gument. 
 
 120 ° . The party who has obtained the rule nisi shall briefly Mode of arguing 
 bring under the notice of the court the grounds upon which the '"'°' """' 
 rule was granted. The opposite party shall then shew cause, and 
 
 the party supporting the rule shall reply, unless the court specially 
 direct a diflerent course. 
 
 121 ° . The attornies, in the several causes for argument, must copies of papers 
 provide each of the judges with copies of all papers necessary to judges!""' 
 
 be perused by them, before the argument commences. 
 
 122 ° . It shall not be necessary to issue more than one sum- o™ 13,"',°"^ 
 mons for attendance before a judge at chambers upon the same cessary iiefore an 
 matter, and the party taking it out shall be entitled to an order, ^^".' "" '''^™ 
 unless cause to the contrary be shewn, or the judge shall refuse the 
 
 same. 
 
 123 ° . When a judge has power to grant an order he may in when a judge is 
 
 , ,, „ ,i-.i 11°-, '' authorized to 
 
 place tnereot grant a rule nisi returnable m term. gram an order he 
 
 2. In all cases not provided for in this chapter, nor in any rule Ssf remmawe'to 
 that may be hereafter made, the practice and proceedings of the J^™^ ^^^ j,^^._ 
 court shall conform, as nearly as may be, to the practice and pro- aed for shau be 
 ceedings of the superior courts of common law in England in force practice of ^e"' 
 previous to the first year of the reign of King William the fourth, ''^'^"'^ '"'™''- 
 and in all cases where the proceedings and practice of the superior 
 
 courts of common law in England differ from each other, those of 
 the court of queen's bench shall be followed. 
 
 3. The court at Halifax may make rules as they shall think fit Kuies touching 
 for regulating its proceedings and practice — provided the same be theMmtor^tf 
 immediately pubhshed in the royal gazette ; and such rules shall practice how 
 
 1/ J. •/ O / UlclQG 8.nQ pUu- 
 
 thereupon be as binding and obligatory as if they had been enacted iished. 
 by the general assembly. 
 
 4. The practice of the court of queen's bench for amending Thepracticeof 
 defects in pleas, processes and records, for preventing abatement reiaSSg™' «ects 
 and discontinuance of suits, for the reformation of ieofails and mis- 'n pi^as, &c., 
 
 . ' , 1 o ■ -\ -I iioatement, dis- 
 
 pleading, and preventing arrests and reversals oi judgments, and continuance, jeo- 
 for discharging the penalties in bonds, contracts and agreements, teconttaue'di'n" 
 shall be and continue in full force, notwithstanding the repeal of the '"'■''^' 
 provincial statutes fourth George the third chapters one and two, 
 49 
 
386 
 
 Chap. 135. Sect. 1—4. 
 
 [part hi. 
 
 fourth and fifth George the third chapter one, and eighth George 
 the third chapter ten. 
 
 CHAPTER 135. 
 
 OF WITNESSES AND EVIDENCE. AND THE PROOF OF WRITTEN 
 
 DOCUMENTS. 
 
 Sectios 
 
 1. Commissions for taking depositions of ab- 
 
 sent witnesses, how issued. 
 
 2. Depositions of witnesses about to leave the 
 
 Province, aged or infirm, how taken. 
 
 3. "When such witnesses do not reside in the 
 
 county where the cause is pending. 
 
 4. Notice of examination to be given — length 
 
 and contents of notice. 
 
 5. Refusal on tlie part of a witness to obey an 
 
 order for examination, a contempt of court. 
 0. Writings and documents, what to be pro- 
 duced. 
 
 7. Depositions, when to be read in evidence. 
 
 8. Written or printed documents in continued 
 
 causes may be exhibited for admission ; 
 notice, when and how given j costs in 
 case of refusal. 
 
 Section 
 9. Costs of proof of such documents to be dis- 
 allowed when the party neglects to exhibit. 
 
 10. AVhat costs relating to proof of written do- 
 
 cuments to be allowed, and what not. 
 
 11. What persons competent as witnesses. 
 
 12. Certified copies of papers flled in court 
 
 admissable as evidence. 
 
 13. Certified copies of deeds admissable when 
 
 originals lost. 
 
 14. Copies of gi'ants admissable as evidence. 
 
 15. Justices may issue subpoenas where wit- 
 
 nesses reside more than five miles distant, 
 &c. 
 
 16. Witness' fees to be tendered. 
 
 17. Judges' testimony, how taken when neces- 
 
 saiily absent from any county. 
 
 Ctjmmissions 
 for taking depo- 
 sitions of absent 
 witnesses, how 
 issued. 
 
 Depositions of 
 witnesses about 
 to leave the Pro- 
 vince, aged or in- 
 fii-m, hnw taken. 
 
 When such wit- 
 nesses do not re- 
 side in the coun- 
 ty where the 
 cause is ijending. 
 
 Notice of examin- 
 ation to be given ; 
 li-[i;rth and con- 
 tents of notice. 
 
 1. In any civil action, the court or a judge, upon sufficient 
 cause being shewn by affidavit, may order a commission to issue 
 for taking the deposition of witnesses residing out of the province, 
 in such manner and under such restrictions as the court or judge 
 may direct ; and the depositions so taken may be read in evidence 
 at the trial of the cause. 
 
 2. In civil causes depositions of witnesses who are about to 
 leave the province, or are aged, infirm, or otherwise unable to tra- 
 vel, may be taken before a judge or commissioner, on due notice 
 being given to the adverse party ; and any party upon shewing 
 sufficient cause by affidavit may obtain from a judge an order in 
 such terms as he shall think fit, to compel an unwilling witness in 
 such cases to give evidence before the judge or commissioner. 
 
 3. AYhere such witnesses reside in any other county than that 
 in which the cause is to be tried, a judge, on sufficient cause being 
 shewn by affidavit, "may give such order as he shall think fit for the 
 deposition de bene esse of such witnesses to be taken before a judge 
 or commissioner by interrogatories or otherwise. 
 
 4. In all cases of depositions to be taken before any judge or 
 commissioner, at least twenty-four hours notice in writing shall be 
 given to the adverse party or to his attorney, where such party or 
 his attorney resides within the countyj otherwise at least eight days 
 
TITLE XXXV.] Chap. 135. Sect. 5—11. 387 
 
 notice shall be given in like manner, and such notice shall in all 
 cases contain the names of the witnesses to be so examined. 
 
 5. Where any order shall be made for the examination of wit- i''«fusi;i on tin- 
 
 -,.•', i\^. r^i't 01 a witness 
 
 nesses, and the order, together with a notice containing the time to obey an order 
 and place where such attendance is required, signed by the person i°contrai'iTo'f "' 
 appointed to take the examination, shall have been duly served on '"'™*- 
 the witness, and the witness shall have been tendered his reason- 
 able fees, the refusal to obey any such order shall be deemed a 
 contempt of court. 
 
 6. No witness shall be compelled under any such order to pro- ■*^'""np ^"^ 'i"- 
 
 T .. , *,, ii'^i 11 T cuments, What to 
 
 duce any writing or document that he could not be compelled to he produced. 
 produce at the trial of the cause. 
 
 7. No such deposition shall be read in evidence without the Depositions, 
 consent of the party against whom the same is offered, unless the in evidence. 
 judge shall be satisfied that the deponent is dead, or beyond the 
 jurisdiction, or unable from some infirmity to attend the trial, in 
 
 which case the deposition certified under the hand of the judge or 
 commissioner shall, without proof of his signature, be received and 
 read in evidence, saving all just exceptions. 
 
 8. Either party in any civil action that has been continued wiuten or piint- 
 
 „ A./t/ ^ .. . ,. ed documents in 
 
 irom one term to another, may exhibit to the adverse party or his continued causes 
 attorney, any written or printed document to be used at the trial "r admisstaiT'' 
 of the cause, and require him within eight days to enter into a rule J)ow°g'ven™cTOte 
 to admit the same, and if the party so required shall neglect or in case ot refusal. 
 refuse so to do, and the judge before whom the issue is tried shall 
 be of opinion that the instrument proved was necessary to support 
 the case of the party producing it, the party so neglecting or re- 
 fusing shall be hable to pay the fees of the witnesses necessary for 
 proving the same. 
 
 9. No witnesses fees shall be allowed in any case within the costs of proof of 
 
 T ... J 1 1 n 1 111- , f* such documents 
 
 preceding section, to a party who shall have adduced m support ot to be disallowed 
 an issue, of which it was incumbent on him to prove the afiirma- ne"Tect's''toST- 
 tive, any written or printed document which shall not have been ^^'■^ 
 exhibited, a reasonable time before the trial or inquiry to the op- 
 posite party, unless sufficient cause shall be shewn on taxation, why 
 the notice could not have been given. 
 
 10. No charge for preparing to prove any such document in- tSg^topro'ot'of* 
 curred before the service of the notice, or after an offer by the ad- wit'en docu- 
 verse party to admit the same, shall be allowed, except those charges lowed, and what 
 necessarily incurred in consequence of some act of the adverse ""'' 
 
 party, after the service of notice and before the offer of admission. 
 
 11. No person shall be an incompetent witness by reason of in- what persons 
 
 .. P • f. • , , , i. • T • 1 n competent as wit- 
 
 capacity from crime or from interest, except a party individually nesses. 
 named as such on the record, or the lessor of the plaintiff or te- 
 nant of the premises sought to be recovered in ejectment, or the 
 landlord or other person in whose right any defendant in replevin 
 may make cognizance, or any person in whose immediate and in- 
 dividual behalf any action may be brought or defended, or the 
 husband or wife of such persons respectively ; but any defendant 
 
388 
 
 Chap. 135. Sect. 12—17. 
 
 [part III. 
 
 Certified copies 
 of papers filed in 
 court, Oflmisaable 
 ■AS evidence. 
 
 Certified copies 
 of deeds admissa- 
 ble when originals 
 
 lost. 
 
 Copies of grants 
 admissable as 
 evidence. 
 
 Justices may is- 
 sue subpcenas 
 where witness 
 resides more 
 than five miles 
 distant. 
 
 Witness' fees to 
 he tendered. 
 
 JudgL-'s testimo- 
 ny, how taken 
 when necessarily 
 absent from any 
 county. 
 
 in a cause pending in the court of chancery may be examined as a 
 witness on behalf of the plaintiff or of any co-defendant in the 
 causd^ saving just exceptions. 
 
 12. Copies of any document, writing or proceeding, filed in any 
 court in this province, shall be received as evidence to the same 
 extent as the original — provided such copies be certified under the 
 seal of the court, or by the proper ofi&cer under his hand. 
 
 13. Where an original deed has been lost, a copy from the 
 books of registry, certified under the hand of the registrar, or 
 proved to be a true copy taken therefrom, shall be received as evi- 
 dence. 
 
 14. A copy of any grant of lands, or of any proceedings in 
 her majesty's council respecting titles of lands, certified by the 
 provincial secretary, or clerk of the council, shall be received as 
 evidence. 
 
 15. Where a witness in a cause resides more than five miles 
 from the place where the trial is to be had, a justice of the peace 
 may issue a summons for such person to attend at the trial thereof, 
 which summons shall have the same effect as a subpoena, and may 
 be in the usual form of a justice's subpoena with the necessary 
 alterations. 
 
 16. No person shall be obliged to attend or give evidence in 
 any cause, before he is tendered his reasonable charges for such 
 attendance. 
 
 17. The testimony of a judge of the supreme court may be 
 taken before any other judge or a commissioner, in the same man- 
 ner 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. 
 
 CHAPTER 136. 
 
 OF JURIES. 
 
 1. Qualification of grand jurors. 
 
 2. Qualification of petit jurors. 
 
 u. Persons exempted from serving on juries ; 
 no pereons liable to serve oftener than 
 once in three yeai's, except in special 
 cfises. 
 
 4, Committee for pvcparing and revising jury 
 
 lists, how appointed. 
 
 5. Duty of Committee ; access {o public pa- 
 
 pers, &c., free. 
 
 Section 
 
 6. Lists valid, though the whole committee do 
 
 not act. 
 
 7. Lists of grand jurors to contain names, ad- 
 
 ditions, &c, 
 
 8. Lists of petit juroi*s, like particulars. 
 
 9. Lists of petit jurors for Hahfax, how pre- 
 
 pared. 
 10. Distance from Halifax within which parties 
 residing ai*y liable as jurors. 
 
TITLE XXXV.] Chap. 136. Sect. 1—3. 
 
 389 
 
 Section 
 
 11. Saint Mary's district, grand jury list, bow 
 
 revised. 
 
 12. Liability of persons residing within Saint 
 
 Mary's district to sei-ve as grand jurors. 
 
 13. Saint Mary's district grand jury, how drawn 
 
 for the sessions. 
 
 14. Names of gi'and and petit jurors to be placed 
 
 by prothonotary in separate boxes. 
 
 15. Grand jury, how drawn and summoned. 
 
 16. Grand jm-y for Guysborough sessions, how 
 
 drawn, &c. 
 
 17. Foreman of grand jury, how chosen. 
 
 18. Petit juries, how drawn and summoned. 
 
 19. Special juries, how obtained j motion for 
 
 when to be made. 
 
 20. How drawn, struck, and summoned. 
 
 21. Number of names in panelof petit jurors. 
 
 22. Halifax to have two panels ; mode of ser- 
 
 vice. 
 
 23. Pictou and Cumberland to have each two 
 
 panels at then* long terms respectively. 
 
 24. Jury impannelled not to be discharged 
 
 Section 
 
 merely because the trial extends beyond 
 their time of service. 
 
 25. Panel to be called on first day ; absent 
 
 jurors to be fined. 
 
 26. Second panel when not called to have their 
 
 their names returned as not drawn. 
 
 27. Names of jurors not attending to be return- 
 
 ed to the box, and others to be summoned 
 forthwith. 
 
 28. Jurors finable for non-attendance. 
 
 29. Pines, how levied ; how, when and to whom 
 
 payable. 
 
 30. Jurors, how relieved from fines. 
 
 31. Amendment of jury lists provided. 
 
 32. Special jury, how drawn and called on trial. 
 
 33. Petit j\u:ies, how drawn and called on trial. 
 
 34. Tales may be prayed by either party in 
 
 case of a deficiency of jurymen. 
 
 35. Challenges without cause allowed- 
 
 36. Duties of prothonotary to be performed by 
 
 clerk of peace, in certain cases. 
 
 1. All persons not hereinafter exempted, or who may not other- Qualification of 
 "wise by law be exempted, who shall have resided twelve months ^^^^^ *'^^^°'^' 
 within the county, and shall hold a freehold estate within the same, 
 
 if within the county of Hahfax of the yearly value of thirty pounds, 
 and if in any other county of the yearly value of fifteen pounds, or 
 shall be possessed of a personal estate, if within the county of Hali- 
 fax of the value of five hundred pounds, and if in any other county 
 of the value of three hundred pounds, shall be qualified to serve as 
 grand jurors for such county. 
 
 2. All persons not hereinafter exempted, or who may not other- Qualification of 
 wise by law be exempted, whether liable to serve as grand jurors 
 
 or not, who shall have resided twelve months within the county, 
 and shall own property within the county to the value of two hun- 
 dred pounds, shall be qualified to serve as petit jurors for such 
 county. 
 
 3. The members of the executive and the legislative councils Persons exemp- 
 and of the house of assembly, and the officers thereof while in ses- on jirksTnT^ 
 sion, the receiver general, the financial secretary and the secre- serve"oftenei^ ^^ 
 tary of the province, the surveyor general of crown lands, and the f|;j^^e°°ears''ex 
 clerks employed in their several offices, the registrar of deeds, the cept in speJiai 
 officers of her majesty's courts, justices of the peace and members 
 
 of the corporation of the city of Halifax, 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 em- 
 ployed in the naval yard, naval hospital establishment, the victu- 
 alling establishment or her majesty's ordnance, or the departments 
 of the customs, or excise or post office : ministers, attornies, phy- 
 sicians, surgeons, keepers of light houses, millers, hcensed ferry- 
 men, teachers of academies and licensed schoolmasters, mail couriers, 
 engine men and firemen, persons under twenty-one and above sixty 
 
390 
 
 Chap. 136. Sect. 4—13. 
 
 [PAKT III. 
 
 Committt'C for 
 preparing and re- 
 vising jury lists, 
 liuw appointed. 
 
 Duty of Commit- 
 tee 5 access to 
 public papers, 
 &c., free. 
 
 Lists valid though 
 tile whole com- 
 mittee do not act. 
 Lists of grand ju- 
 rors to contain 
 names additions, 
 kc. 
 
 l.ists of petit ju- 
 rors, like particu- 
 lars. 
 
 Lists of petit ju- 
 rors for Halifax 
 sessions, how 
 prepared. 
 
 Distance from 
 Halifax within 
 which parties re- 
 sidinfi: are liable 
 as jurors. 
 Saint Clary's dis- 
 trict grand jury 
 list, how revised. 
 Liability of per- 
 sons residing 
 within Saint Ma- 
 ry's district to 
 serve as grand 
 JLU'ors. 
 
 Saint Mai-y's dis- 
 trict grand jury, 
 how drawn for 
 the sessions. 
 
 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. 
 
 4. The sessions shall from among their number appoint a com- 
 mittee of five justices, resident in different sections of the county 
 or district, for the purpose of preparing and revising the grand and 
 petit jury lists of the county or district, and shall from time to time 
 appoint others to act in the room of such as may die or be removed. 
 
 5. The committee, having been sworn, shall have free access 
 to all public papers and accounts, and shall prepare and annually 
 revise the lists, and shall transmit copies thereof to the prothono- 
 tary. 
 
 6. The lists shall be valid though all the justices appointed 
 shall not act in the compilation or return thereof 
 
 7. The list of grand jurors shall contain all the Christian 
 names and the surnames of all those qualified to serve as grand 
 jurors, their places of residence, trades, callings or employments, 
 and whether senior or junior, or by any other appellation by which 
 they may be usually called or known. 
 
 8. The list of petit jurors shall contain all the christian names 
 and the surnames of all those qualified to serve either as grand or 
 petit jurors, their places of residence, trades, calUngs or employ- 
 ments, and whether senior or junior, or by any other appellation 
 by which they may be usually called or known. 
 
 9. The committee appointed for the county of Halifax shall 
 also prepare and annually revise a list of those persons not quali- 
 fied to serve as grand or petit jurors, and shall return such list to 
 the clerk of the peace, which list shall be the list from which the 
 petit juries for the sessions at Halifax shall be drawn; and such 
 petit juries shall be drawn, summoned and sworn in the same 
 manner, and subject to the same rules and penalties as petit juries 
 in the supreme court. 
 
 10. No person living more than fifteen miles from the city of 
 Halifax shall be placed on any list for the county of Halifax. 
 
 11. The general sessions for the district of Saint Mary's shall 
 appoint three justices to revise the list of grand jurors for the dis- 
 trict, as often as may be requisite. 
 
 12. The inhabitants residing Avithin the district of Saint Mary's 
 shall alone be liable to attend as jurors at the sessions held in the 
 district, and they shall not be liable to attend as jurors at the ses- 
 sions held at Guysborough ; but nothing in this section shall be 
 construed to exempt such persons from their liability to attend as 
 jurors at the supreme court at Guysborough. 
 
 13. The clerk of the peace for the district of Saint Mary's 
 shall draw from the list a grand jury on the last day of the sittings 
 or term of the sessions, to be summoned to attend the next term or 
 sittings of the court. 
 
TITLE xsxv.] Chap. 136. Sect. 14—19. 391 
 
 14. The prothonotary, as soon as possible after the return of Names of grand 
 such lists, shall have the names of all persons mentioned therein tobe'piacS'by 
 written on distinct and separate pieces of paper, so folded as to con- Separate taxes.'" 
 ceal the names thereon, and shall place the same in separate boxes, 
 
 those names placed on the grand jury list being put into the grand 
 jury box, and those on the petit jury list into the petit jury box. 
 
 15. During the sitting of the court on the last term in each Grana jury, how 
 year, the prothonotary shall draw from the grand jury box in open moned." 
 court, and before drawing the petit jury, the number of names fixed 
 
 and determined by the sessions or by the committees thereof, to 
 serve as grand jurors for each township or settlement in such 
 county or district during the ensuing year, and shall thereupon 
 make a list of such names as shall first be drawn, setting aside the 
 names of those who have served within two years then next pre- 
 ceding, 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 sheriif at least 
 thirty days before the first term or sittings of the supreme court or 
 general sessions at which such grand jury shall be bound to attend, 
 and the sheriif shall thereupon cause such jurors to be summoned 
 at least four days before the time appointed for their attendance. 
 
 16. The deputy prothonotary for the county of Guysborough, Grand jm-y for 
 immediately after dramng the grand jury for the supreme court, aiOTs/iiow drawn, 
 shall draw in the usual mode from the apartments of the grand jury ^''' 
 
 box allotted to those portions of the county not included in the 
 district of Saint Mary's, a grand jury to attend at the sessions in 
 Guysborough, who shall be summoned in the usual manner, and 
 shall return the names of such grand jury into the box : such 
 drawing shall not exempt them from serving as grand jurors at the 
 supreme court, but they shall not be liable to serve as jurors at the 
 sessions oftener than once in three years. 
 
 17. When above twelve of the grand jury shall assemble in Foreman of grand 
 court for the first time in eaeh term, they shall choose a foreman, J^i^y' ^ow chosen. 
 who shall be foreman of such jury for the term, and such foreman 
 
 and jury shall be sworn in the usual manner. 
 
 1 8. At each term of the supreme court the prothonotary shall, Petit juries, how 
 
 T » ,!,•,• 1 ^ f drawn and sum- 
 
 m open court, draw irom the petit jury box a number oi names moned. 
 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 con- 
 taining the names of those first drawn, and have the same signed 
 by the presiding judge, and shall issue writs of venire facias for the 
 summoning thereof, and deliver the same to the sherijBF at least thirty 
 days before the ensuing term ; and the sheriff shall cause such 
 jurors to be summoned at least four days before the time appointed 
 for their attendance. 
 
 19. In any civil cause, information or indictment for a misde- Special jmies, 
 meanor, the court upon motion shall order a special jury for the m°oTio°n lo" when 
 
392 
 
 Chap. 136. Sect. 20—27. 
 
 [part III. 
 
 How drawn, 
 struck, and sum- 
 moned. 
 
 Number of names 
 in panel of petit 
 jurors. 
 
 Halifax to have 
 two panels ; mode 
 of service. 
 
 Pictou and Cum- 
 berland to have 
 each two panels 
 at their long 
 tenns respec- 
 tively. 
 
 Jury impanelled 
 not to be dis- 
 charged merely 
 because the trial 
 extends beyond 
 their time of ser- 
 vice. 
 
 Panel to be called 
 on first day, ab- 
 sent jurors to be 
 fined. 
 
 Second panel, 
 when not called, 
 to have their 
 names returned 
 as not drawn. 
 Names of jurors 
 not attending to 
 be returned to 
 the box, and 
 others to be sum- 
 moned forthwith. 
 
 trial thereof, ■whicli motion shall be maxie ■within the time hmited 
 for the defendant's appearance ; but the court may at its discretion, 
 upon sufficient cause shewn, allow such jury at any future day ; 
 and the court may order a special jury for the assessment of dama- 
 ges upon motion in cases where the assessment is to be made be- 
 fore them. 
 
 20. When special juries are ordered, the prothonotary shall 
 draw forty-eight names from the petit jury box, setting aside the 
 names of any persons then serving as grand jurors ; and the num- 
 ber having been reduced to twenty-four in the usual manner, they 
 shall be summoned at least forty-eight hours before the time ap- 
 pointed for their attendance. 
 
 21. The panel of petit jurors shall contain in the county of 
 Halifax forty-eight names, and in every other county thirty-six 
 except in Pictou at the October and in Amherst at the June term 
 when such panels shall contain twenty-four names. 
 
 22. There shall be two panels of jurors drawn and summoned 
 for each sittings after term at Halifax, the first whereof shall be 
 summoned for and bound to attend on the first Wednesday of such 
 sittings, and thence until the second Wednesday thereof; and the 
 other shall be summoned for and bound to attend on the second 
 Wednesday thereof, and thence until the termination of the sittings, 
 except at the Michaelmas sittings, when the first panel shall again 
 attend on the third Wednesday for a week, and the respective pa- 
 nels shall so continue to attend by alternate weeks until the termi- 
 nation of the sittings. 
 
 23. There shall be two panels of jurors drawn and summoned 
 for the county of Pictou at the October term, and for the county of 
 Cumberland at the June term, 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 
 summoned for and bound to attend on the first Monday of such 
 term, and thence until the termination of the sittings. 
 
 24. A jury impannelled for the trial of a cause which shall go 
 over the time specified for the attendance of such jury, shall not 
 on that account be discharged. 
 
 2-5. The whole panel of jurors shall be called on the first day 
 on 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 atten- 
 dance shall be fined. 
 
 26. When the second panel shall not have been called upon to 
 serve as a jury, their names shall be returned into the boxes as if 
 not drawn. 
 
 27. If a sufficient number of grand or petit jurors do not at- 
 tend, or if it is probable that a sufficient number may not attend, 
 the names of those who do not attend shall be returned to the box 
 as if they had not been drawn, and the prothonotary shall draw the 
 names of others liable to serve, and shall cause the sheriff imme- 
 diately to summon those whose names have been so drawn to attend 
 forthwith. 
 
TITLE XXXV.] Chap. 136, Sect. 28—33. 393 
 
 28. Any juror "who, having been duly summoned, shall not Jm-ors finable for 
 attend, shall be fined not less than ten nor more than forty shil- 
 lings for each day's neglect. 
 
 29. All fines for non-attendance of jurors shall be levied by rines, how levi- 
 warrant of distress ; such warrant shall be made out and delivered ^m to whom"' 
 by the prothonotary to the sheriff, immediately after the calUng of payable. 
 
 the jury each day, and the sheriff shall proceed at once to enforce 
 the same, and shall forthwith return to the prothonotary a state- 
 ment 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 fuU amount by him received, deducting ten per cent., and the 
 prothonotary shall immediately lay such statement before the court, 
 if then sitting, or otherwise at the next term thereof in the county ; 
 and he shall also at the end of each term pay over the amount of 
 fines collected, deducting five per cent., to the county treasurer for 
 county purposes, and shall take his receipt therefor, which shall be 
 laid before the court at its next sitting. 
 
 30. The court or presiding judge may relieve any juror from Jurms, how re- 
 such fine, in whole or in part, on sufiicient reason being shewn on ''"™'^ '™"' ^°'^'' 
 oath, which, if in writing, may be made before a justice of the 
 
 peace. 
 
 31. The court or presiding judge may amend the Usts of jurors Amendment of 
 by striking out the names of persons not liable to serve, or inser- 2 "^'* '"'"^ '" 
 ting the true name or addition of any person therein improperly de- 
 signated or described, or by adding the name of any qualified per- 
 son brought to their knowledge, and the prothonotary shall keep a 
 memorandum of all such amendments and annually return the 
 
 same to the clerk of the peace, to be laid before the revising jus- 
 tices. 
 
 32. The prothonotary shall cause the names of the special ju- Special jm-y, how 
 rors to be written on distinct and similar pieces of paper, and ha- ortdai™" '^^^^"'^ 
 ving folded the same so as to conceal the names, and placed them 
 
 in a box, shall proceed to draw the jury therefrom, and the twelve 
 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 dama^ 
 ges. 
 
 33. The prothonotary shall cause the names of the petit jurors Petu juries, iww 
 to be written on distinct and similar pieces of paper, and having on"™/'"' '"'^^"'^ 
 folded the same so as to conceal the names, and placed them in a 
 
 box, shall, on the first cause being called, proceed to draw the jury 
 therefrom, and the twelve 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. 
 50 
 
394 
 
 Chap. 137. Sect. 1—3. 
 
 [PAKT III. 
 
 Tales may be 
 prayed by either 
 pai'ty in case of a 
 deficiency of 
 juiymen. 
 
 Challenges with- 
 out cause allowed. 
 
 Duties ofprotho- 
 notary to be per- 
 formed by clerk 
 of peace in cer- 
 tain cases. 
 
 34. When a full jury shall not appear, or appearing, shall be 
 challenged or otherwise prove deficient, a tales de circumstanti' 
 bits shall at the instance of either party be awarded and returned 
 immediately. 
 
 35. In all civil causes, informations, and indictments for mis- 
 demeanors, either party may peremptorily challenge, if in Halifax 
 four, if in any other county three, of the jurors or talesmen. 
 
 36. The duties imposed by this chapter on the prothonotary 
 shall be performed by the clerk of the peace where necessarily de- 
 volving on him. 
 
 CHAPTER 137. 
 
 OF THE RELIEF OF INSOLVENT DEBTORS. 
 
 Section 
 
 1. Commissioners appointed by governor in 
 
 council. 
 
 2. Prisoner to exhibit petition and schedule 
 
 annexed. 
 
 3. Summons thereupon to issue. 
 
 4. Copy of summons and schedule, how served; 
 
 time from date of service till return to be 
 proportioned to distance. 
 
 5. Oath to be administered to prisoner if re- 
 
 (juired. 
 
 G. Order for discharge upon assignment made 
 and oath taken ; form of oath ; confes- 
 sion may be required in case of mesne 
 process. 
 
 7. Debtors at the suit of the croivn, how dis- 
 charged. 
 
 Section 
 
 8. Prisoner may be remanded on affidavit. 
 
 9, In cases of fraud prisoner may be remanded 
 
 for a period not exceeding one year. 
 
 10. Two justices may relieve in case of process 
 
 issuing out of justice's court. 
 
 11. Appeals to be had by either party. 
 
 1'2. Supreme court or judge thereof, or a special 
 sessions, to be the coui't of appeal. 
 
 13. Powers of the court of appeal. 
 
 14. Papers to be returned to the supreme court. 
 
 15. Prisoner to be discharged by order. < 
 
 16. Property subsequently acquired liable for 
 
 the debt. 
 
 17. Sheriff's fees ; who liable therefor on a dis- 
 
 charge. 
 
 Commissioners 
 appointed by go- 
 vernor in council. 
 Prisoner to exhi- 
 bit petition and 
 schedule annex- 
 ed. 
 
 Summons there- 
 w\ an to issut;. 
 
 1. Commissioners for giving relief to insolvent debtors shall be 
 appointed by the governor in council. 
 
 2. Where any person imprisoned upon any -writ of mesne pro- 
 cess, execution or attachment for non-payment of costs, issuing 
 out of the supreme court, shall desire to take the benefit of this 
 chapter, he shall exhibit a petition to a judge of the supreme court, 
 or to two commissioners, praying for his discharge. The petition 
 shall be accompanied by a schedule of all the property, real and 
 personal of the debtor, of all debts due or growing due to him, and 
 of all securities by him held, which might by any possibility be 
 made available, or which might become assets in the hands of his 
 representatives, and also, so far as the same can be obtained by the 
 debtor, a statement shewing the amount of his liabihties. 
 
 3. The judge or commissioners shall thereupon forthwith issue 
 
TITLE XXXV.] Chap.' 137. Sect. 4—8. 395 
 
 a sumnions calling upon the creditor at whose suit the debtor is 
 imprisoned, at a certain time and place to be therein named, to shew 
 cause why such prisoner should not be discharged. 
 
 4. True copies of the summons and schedule shall be served on copy of summons 
 the creditor, his attorney or agent, or where a debtor is imprisoned holtserved'r 
 at the suit of the crown, on the attorney general, at least forty- "("^/vu:" 'tmve- 
 eight hours before the time appointed for shewing cause ; and where ti'n.t" '^ m-o- 
 the creditor, his attorney or agent or the attorney general, shall tance!™ 
 reside more than twenty miles from the place so appointed, twenty- 
 four hours additional shall be allowed for every additional twenty 
 
 miles. The service of such copies, if not admitted, must be proved 
 on oath by the person serving the same, which oath may be ad- 
 ministered by a justice of the peace, and a further time may be 
 allowed for the examination, in the discretion of the judge or com- 
 missioners, where the creditor himself has not been served. 
 
 5. At the time appointed the judge or commissioners shall, if oath to be admi- 
 desired by the creditor, administer an oath to the debtor in the fol- "onerlf i-equli'ed, 
 lowing form : 
 
 "I, A. B., do swear that I will true answer make to all such 
 questions as shall be asked me on this examination." 
 
 6. The judge or commissioner shall give an order for the dis- order for dis- 
 charge of the debtor, unless in the cases hereafter provided for, upon signment'made 
 the debtors making an assignment to the creditor, in trust for the fo".m°ofoath'^ coil- 
 payment of the debt, of his real and personal property, upon his fession may 'be 
 taking and subscribing an oath to the following effect: of 'Sesne process. 
 
 I. A. B. do swear that the schedule annexed to my petition con- 
 tains a true account of all the real and personal estate which I or 
 any person in trust for me at the time of my petition had, or 
 now have, or may hereafter have, except the wearing apparel and 
 bedding for me and my family, and the tools or instruments of my 
 trade or calling, not exceeding ten pounds in the whole, and that I 
 have not since my imprisonment or before, conveyed in trust for 
 myself, or otherwise, except as in such schedule mentioned, any 
 part of my property whereby to defraud any of my creditors. So 
 help me God. 
 
 The taking of which oath may be waived by the creditor ; and in 
 case of imprisonment under mesne process, if the judge or commis- 
 sioners are satisfied of the existence and amount of the debt, the 
 debtor shall sign a confession of judgment therefor, and shall do 
 such other acts as the judge or commissioner shall deem right. 
 
 7. When a debtor is imprisoned at the suit of the crown, and Debtors at the 
 the judge or commissioners are satisfied of the insolvency of such how discharged"' 
 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. 
 
 8. If the creditor, or in his absence his attorney or agent, prisoner may be 
 shall fprtliwith, in the presenge of the judge or commissioners, ^^^-^jj-xiei on atn- 
 
396 Chap. 137. Sect. 9—15. [part hi. 
 
 make an affidavit in writing, stating that he has good reason to be 
 dissatisfied with the account given, and beheves that the debtor has 
 not disclosed the whole truth, or has other property than that by 
 him admitted, the judge or commissioner shall remand the debtor, 
 and appoint another day for the further hearing of the matter, and 
 shall on that day again meet and discharge or remand the debtor, 
 or make such further order as the justice of the case may require. 
 In cases of fraud, 9. When upon the examination of the debtor, or of any wit- 
 remandedTf a'^^ ucsses that may be produced on either side, and which witnesses 
 dfng°one°yeaj?'^'^" ^^^^^ ^^ bound to attend on subpoena as in actions depending in the 
 supreme court, the debt shall appear to have been fraudulently con- 
 tracted, or any fraudulent circumstances have occurred in respect of 
 such debt, or in respect of the delay of payment thereof, or in re- 
 spect of the conduct of the debtor with regard to the disposition of 
 his property, the judge or commissioner may remand the debtor for 
 such time, under one year, as he or they shall deem proper under 
 the circumstances, at the end of which time the debtor shall be 
 discharged on making the affidavit and assignment of his property 
 before a judge or any two commissioners. 
 Two justices may 10. Where the debtor is imprisoned under a capias or execu- 
 
 relieve incase of ,• • j i . .- • .• .. .i . . ■• 
 
 process issuing tiou issued by a justice or justices or the peace, any two justices 
 comtf^"^'""''^ shall possess the same powers in respect to the relief of insolvent 
 
 debtors as a judge. 
 Appeal to be had 11. In CHScs whcro the hearing shall be had before commission- 
 by Lither party. ^^^ ^^ justices of the pcacc, the debtor shall be entitled to an ap- 
 peal ; and if the creditor, or in his absence his attorney or agent, 
 shall demand an appeal, and shall make an affidavit in writing that 
 he is dissatisfied with the decision and that the appeal is not made 
 for the purpose of delay only but that substantial justice may be 
 done him therein, or to that eifect, the commissioners or justices 
 shall grant such appeal and remand the debtor. 
 Supreme court, a 12. The Supreme court shall be the court of appeal if it shall 
 i'fpKi'aileTs'iom, ^^ sitting withiu the same county at the time the order appealed 
 ■° 'S'^ai'"^ '^°'"' °' ^^°™ ^^ made, or if such sitting shall be held within ten days 
 from the making of such order ; when such shall not be the case, 
 then any judge of the supreme court, if within such county, and in 
 case a judge shall not be present, then a special sessions of the 
 peace shall be the court of appeal. The special sessions shall be 
 summoned by the prothonotary and be held within three days, and 
 shall consist of any three justices of such county not concerned in 
 the making of the order, the custos to be one in all cases where 
 he shall not have been concerned. 
 Powers of the 13. The court of appeal shall hear and determine such appeal, 
 
 court of appeal. ^^^ make such orders therein from time to time as it shall deem 
 
 proper, such orders being not inconsistent with this chapter. 
 Papers to be re- 14. The I'udge, commissioncrs, justices, and court of appeal 
 
 turned to the su- , -,, , / .iP x j-xl. i. ii j.i ^^ 
 
 preme court. Shall retum to the supreme court oi the county all the papers con- 
 nected with their proceedings on such applications and appeals. 
 tochargedby ^^' Upon receiving an order to that effect from the judge, 
 
 order. 
 
TITLE XXXVI.] Chap. 138. Sect. 1—5. 397 
 
 commissioners, justices or court of appeal, the officer in -whose 
 custody such prisoner shall be, shall discharge him therefrom as 
 regards the suit expressed in the order. 
 
 16. Where any person shall be discharged under the provi- Piopei-ty suiwe- 
 sions in this chapter, the property subsequently acquired by him liawefor'thedebt. 
 may nevertheless be levied upon for the debt. 
 
 17. When any person shall be discharged under the provisions sheriff's fees.who 
 in this chapter, the party at -whose suit he has been committed to a disdiarge.""^ °" 
 jail, or in case of his absence from the province his attorney, shall 
 
 be liable to pay the sheriff his fees for the service return and travel 
 necessary in serving the process. 
 
 TITLE XXXVI. 
 
 OF ACTIONS RELATING TO REAL PROPERTY. 
 
 CHAPTER 138. 
 
 OF THE WRIT 0¥ DOWER. 
 
 Section 
 
 1. Widow entitled to sue for dower when not 
 
 assigned witliin one month after de- 
 mand. 
 
 2. "Writ to be in the form heretofore used. 
 
 3. Damage may be assigned for witliholding 
 
 dower. 
 
 Section 
 
 4. -Writ of seisin to be in form lieretofore 
 
 used. 
 
 5. Dower, how set forth. 
 
 6. Of special endowments where the property 
 
 is indivisible. 
 
 7. Waste not to be committed or suffered. 
 
 1. When the heir or other person having the freehold shall not widow entitled to 
 within one month next after demand made assign to the widow her whennot°as8ign- 
 reasonable dower, she may sue for and recover the same by writ of ^''Jt™ter"de- 
 dower. ^^'"^■ 
 
 2. The -writ of dower shall be, as near as may be, in the form writ to be in tiie 
 
 -PI form lieretofore 
 
 heretofore used. used. 
 
 3. Upon judgment being given for the widow, reasonable da- Daniagemayije 
 mages shall be assigned to her from the time of the demand made. Sing dowm'"' 
 
 4. Writs of seisin thereon shall be, as near as may be, in the writ of seisin to 
 
 n t , n J be in form liereto 
 
 forms heretotore used. fore used. 
 
 5. The officer to whom the writ is directed shall cause the dower Dower, how set 
 to be set forth by five freeholders of the neighborhood, three of '°"''' 
 whom at least shall concur, who shall be first sworn before a jus- 
 tice of the peace, to set forth the same impartially, without favor or 
 affection, and as conveniently as may be. 
 
398 
 
 Chap. 138. Sect. 6—7. 
 
 [part III. 
 
 Of sjiecui endow- 6. Where HO division can be made by metes or bounds, the 
 poperry T indi- "widow shall be cndowcd in a special manner as of a third part of 
 visible. ^j^g rents or otherwise. 
 
 Wiistc not to he 7. A woman endowed of lands shall not commit or suiFer waste 
 axed?' ^^ ^"^ thereon, but shall maintain the buildings with the fences and ap- 
 purtenances in good repair, during her term. 
 
 CHAPTER 139. 
 
 OF THE PARTITION OF LANDS. 
 
 Section 
 
 1. Partition maybe as at common law or under 
 
 this chapter. 
 
 2. Proceedings to be commenced by petition to 
 
 supreme court. 
 
 3. Petition, by whom maintained. 
 
 4. Same subject. 
 
 5. Duration of partition as between tenants 
 
 for years. 
 
 6. Contents of petition ; amendments to be 
 
 allowed at any stage. 
 
 7. Petition to be filed, a summons to issue and 
 
 be served with a copy of petition *, rule to 
 plead, &c., &c., as if it were a declaration. 
 
 8. Proceedings where some parties are absent, 
 
 &c. 
 
 9. Where a party faUs to appear the court may 
 
 order further notice. 
 
 10. Proceedings where it appears that a party 
 
 out of the province has not had an oppor- 
 tunity of appearing. 
 
 11. Guardians may be appointed. 
 
 12. Defendants may appear jointly or separate- 
 
 ly, and pleadings, &c. may be as in other 
 cases. 
 
 13. Replication where a party's right to appear 
 
 and defend is contested. 
 
 14. Proceedings thereon. 
 
 15. Costs of trial, how regulated. 
 
 16. Proceedings in cases of default ; rule for 
 
 partition thereon. 
 
 17. Commissioners to be appointed to make 
 
 partition under rule. 
 IS. Several petitioners may have their shares 
 set off jointly or separately. 
 
 19. Commissioners, how sworn. 
 
 20. Commissioners to give notice of time and 
 
 place of partition. 
 
 21. The three commissioners shall meet, but the 
 
 acts of two to be valid. 
 
 22. Partition how effected where the premises 
 
 cannot well be divided. 
 
 23. Same subject. 
 
 Section 
 
 24. Tenant liable for misconduct where he has 
 
 the exclusive occupancy. 
 
 25. Liabilities in case of sole occupancy by one 
 
 tenant in common. 
 
 26. Commissioners' returns to be made for con- 
 
 firmation by the court ; when confirmed 
 to be filed and registered. 
 
 27. Return may be set aside and new procee- 
 
 dings had. 
 
 28. Final judgment, upon whom conclusive. 
 
 29. Part owners absent from the province for 
 
 whom a share was left may apply within 
 three years for a new partition. 
 
 30. Court may, if justice require it, order a 
 
 new partition. 
 
 31. Commissioners duty on such new partition. 
 
 32. Improvements to be considered in new par- 
 
 tition, and proceedings in such case. 
 
 33. Persons not parties to the partition claiming 
 
 to hold the premises in severalty not 
 bound by the judgment, but may take 
 proceedings as in other cases. 
 
 34. A person not appearing but claiming a 
 
 share assigned to a part owner shall be 
 bound by the partition, but may liave an 
 action for the share. 
 
 35. Action in such case, how and against whom 
 
 brought. 
 
 36. Proceedings where two persons claim the 
 
 same share before division. 
 
 37. Defendant against whom judgment on the 
 
 partition is given, shall not be precluded 
 thereby from subsequently contesting his 
 right with the other. 
 
 38. Rights of a party not appearing where tbi- 
 
 same was not known or allowcl, how far 
 affected by the partition judgment. 
 
 39. Redress in such case, how and against 
 
 whom obtained. 
 
 40. Rights of heir, or devisee, where, after par- 
 
 tition, it shall appear that ancestor or tes- 
 tator died before partition, how affected. 
 
TITLE XXXVI.] Chap. 139. Sect. 1 — 7. 
 
 399 
 
 Section 
 
 41. Remedy where a party is evicted by a per- 
 
 son having a paramount title. 
 
 42. Lien by mortgage or attachment, how af- 
 
 fected by the judgment. 
 
 43. Suit not to abate for the death of a party 
 
 named on a partition. 
 
 Section 
 
 44. Expenses of commissioners to be allowed, 
 
 and costs to be taxed, as in other cases. 
 
 45. Titles under a judgment of partition, how 
 
 considered. 
 
 46. Orders of a single judge liable to be rescin- 
 
 ded or altered. 
 
 1. All persons holding lands as joint tenants, corparceners or Partition may be 
 tenants in common, may be compelled to divide the same, either by or unde"™" ™ 
 writ of partition at the common law, or in the manner provided in "^ap'"- 
 
 this chapter. 
 
 2. Any one or more of the persons so holding lands, may Proceedings to be 
 apply, by petition to the supreme court for the county where the petition to su- 
 lands lie, for a partition of the same, and such court may cause '"'""^ '"'""■ 
 partition to be made accordingly ; and the shares of the petitioners 
 
 shall be set oif and assigned to them, and the residue of the pre- 
 mises shall remain for the persons entitled thereto, subject to a fu- 
 ture partition among them if there is more than one person so en- 
 titled. 
 
 3. Such petition may be maintained by any person who has an Petition, by whom 
 estate in possession, but not by one who is entitled only to a re- 
 mainder or reversion. 
 
 4. No tenant for any term of years, unless twenty years thereof Same subject. 
 at the least remain unexpired, shall maintain such a petition against 
 
 any tenant of the freehold ; but when two or more persons hold 
 jointly or in common, as tenants for any term of years, either of 
 them may have his share set oflF and divided from the others in the 
 same manner as if they had all been tenants of the freehold. 
 
 5. Such partition between two or more tenants for years shall Duration of par- 
 
 „^ , , 1.,, T Tin tition as between 
 
 continue in force only so long as their estates endure, and shall not tenants for years. 
 affect the premises when they revert to the respective landlords or 
 reversioners. 
 
 6. Every petition for a partition shall set forth the rights and contents of peti- 
 titles, so far as known to the petitioner, of all persons interested in meniJst^beai- 
 the premises who would be bound by the petition, whether they aule!"""'^ 
 have an estate of inheritance, or for life, or years, and whether it 
 
 be an estate in possession or in remainder or reversion, and whe- 
 ther 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 proceeding had thereon may be amended at any time 
 upon such terms as the court or a judge may impose. 
 
 7. The petition shall be filed in the same manner as a declara- Petition to be 
 tion, and a summons to appear and answer thereto shall be signed to issue and be 
 by the prothonotary, and a copy thereof with a copy of such peti- py"o*fpetitionr 
 tion, accompanied by a rule to plead and the usual notices, shall r>iietopie!ui,&c., 
 
 . ^ 1 /T 1 ■ 1 ■ .1 i-i- • , T &C., as if It were 
 
 be served on each ot the parties named in the petition as interested a declaration. 
 in the premises if they shall be found within the province, the like 
 number of days before the sitting of the court as is required in 
 declaration suits. 
 
400 Chap. 139. Suct. 8—15. [paet in. 
 
 Proceedings 8. If any of the persons so named as interested are absent from 
 
 where some par- ,i ■•j»j_i • ^ ii*,i ■ n 
 
 ties are absent, the provmce, Or 11 there are persons mterested m 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 dehvering to such absent party 
 an attested copy of the petition and order, or in such other manner 
 as such court or judge shall consider to be most proper and effec- 
 tual. 
 wiiere a party 9. If any porson entitled to notice shall fail to appear, and if 
 
 fails to appear the ■■ • Ic- Ii _ii i- i i • i ii j. 
 
 court may order the servicc 01 thc summous or other notice to him shall appear to 
 further notice, ^j^g court to have been insufficient, the court or a judge may order 
 
 such further notice as shall be thought proper. 
 Proceedings 10. If in any stage of the proceedings it shall appear to the 
 
 that'a paT/ou? court that any person interested, whether named in the petition or 
 hL'not^'S'arf '^"^i ^^ °^* °^ ^^^ provinco, and has not opportunity to appear and 
 opportunity of answor to the suit, it shall be continued from term to term, until 
 sufficient time has been allowed to enable him to appear and answer 
 thereto. 
 Guardiajis may H. The court Or a judgc may assign a guardian for the suit for 
 e apporn e . ^^^ 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 pcrsou interested in the premises of which partition is 
 separateiy''and°'^ prayed for, may appear and answer to the partition, and may plead 
 ma^be M*as in either Separately Or jointly with any Other defendants, any matter 
 other cases. tending to show that the petitioner ought not to have partition as 
 prayed for, either in whole or in part ; and the replication and fur- 
 ther 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 plea- 
 dings in declaration suits, and notices of trial to be given in like 
 manner. 
 Replication where 13_ jf any person who is not named in the petition shall ap- 
 appear and de- pear and plcad as a defendant the petitioner may reply that such 
 fend IS contested, pgj,gQjj jjg^g jjq estate Or interest in the lands described in the peti- 
 tion, and may pray judgment if he shall be admitted to object to 
 the petition ; and the petitioner may in the same replication plead 
 over in answer to such plea any other matter in hke manner as he 
 might have done if he had not disputed the defendant's right to 
 appear. 
 Proceedings 14. If upon such a replication it shall appear that the defen- 
 
 dant has no estate or interest in the lands, the matter of his plea 
 or objection shall be no farther inquired of. 
 Costs of trial, how 15. If upon the trial of any issue of law or of fact it shall ap- 
 pear that the petitioner is entitled to have partition as prayed for, 
 he shall recover his costs of such trial against the party who ob- 
 
 regiUated. 
 
TITLE XXXVI.] Chap. 139. Sect. 16—24. 401 
 
 jected 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 not- 
 withstanding 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 trial it Proceedings in 
 shall appear that the petitioner is entitled to have partition, whe- mie to" paiSon 
 ther for the share or proportion claimed in his petition or for a less "^^'<=°°- 
 share, a rule that partition shall be made shall pass, but the court 
 
 shall have the same power of setting aside defaults and in granting 
 new trials as in other cases. 
 
 17. When such rule shall have passed the court shall appoint Commissioners to 
 three disinterested persons as commissioners, to make partition and make''pa«'iuon' 
 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 their shares several petition- 
 set off together, or the share of each one may be set off in severalty their shares set 
 at their election. °^,i°Sy.'' °'' ''" 
 
 19. The commissioners, before proceeding to the execution of Commissioners, 
 their duties shall be sworn before any justice, faithfully and impar- ''"" '^"°'°' 
 tially to perform the same, a certificate of which oath shall be made 
 
 on the warrant by the person who administered it. 
 
 20. The commissioners shall give sufficient notice of the time Commissioners to 
 and place appointed for making the partition to all persons inte- and place of pari 
 rested therein, who are known and within the province, that they ""™' 
 
 may be present if they see fit. 
 
 21. The three commissioners shall meet for the performance The three com- 
 of any of their duties, but the acts of any two of them shall be mS' "buuhe acts 
 
 „„i: J of two to be vahd. 
 
 22. When the premises of which partition is demanded, are Partition, how ef- 
 such as cannot be divided without damage to the owners, or when prem'iseT''cannor 
 any specific part of the estate is of greater value than either party's "^'*" '"' diviaed, 
 share, and 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 established 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 commis- same subject, 
 sioners 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 of 
 
 the parties alternately, for certain specified times, in proportion to 
 their respective interests therein. 
 
 24. When the whole or any specific part of the premises is as- ^™*"' ''^"^ '"'' 
 
 51 
 
402 
 
 Chap. 139. Sect. 25—31. 
 
 [part III. 
 
 misconduct where 
 he has the exclu- 
 sive occupancy. 
 
 Liabilities in case 
 of sole occupancy 
 by one tenant in 
 common. 
 
 Commissioners' 
 returns to be 
 marte for confir- 
 mation by the 
 court ; when con- 
 firmed to be filed 
 and registered. 
 
 Return may be 
 set aside and new 
 proceedings had. 
 
 Final judgment, 
 upon whom con- 
 clusive. 
 
 Part owners ab- 
 sent from the pro- 
 vince, for whom a 
 share was left, 
 may apply within 
 three years for a 
 new partition. 
 
 Court may, if jus- 
 tice require it, 
 order a pe par- 
 tition. 
 
 Commissio.iers 
 
 signed in the manner provided in the preceding section, the person 
 entitled for the time being to the exclusive occupancy, shall be lia- 
 ble 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 an action on the case, either jointly 
 or severally 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 the 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 of the preceding section, shall be ap- 
 portioned and divided among them according to their respective 
 rights by the court in which the judgment is recovered. 
 
 26. The commissioners shall make a return of their procee- 
 dings under their hands, together with their warrant, to the court, 
 and if their proceedings are confirmed by the court judgment shall 
 be thereupon rendered 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. 
 
 27. The court for any sufiicient reason shewn may set aside 
 the return and commit the case anew to the same or to other com- 
 missioners to be appointed, whereupon the same proceedings shall 
 be had as above directed. 
 
 28. The final judgment confirming and establishing the parti- 
 tion shall be conclusive as to all rights, both of property and pos- 
 session, of all parties and privies to the judgment, including all 
 persons who might by law have appeared and answered to the pe- 
 tition, except as is hereafter provided. 
 
 29. If any person who was a part owner with the petitioners, 
 and for whom a share is left upon the partition, should be out of 
 the province when the summons or notice to him is served, and 
 should not return in time to appear and answer to the suit, he may 
 at any time within three years after the final judgment apply to 
 the court for a new partition of the premises. 
 
 30. If upon such an application, and after hearing of all par- 
 ties interested therein, it shall appear to the court that the share 
 left for the applicant was less than he was entitled to, or that the 
 part left for him was not at the time of the partition equal in value 
 to his share of the premises, the court may order a new partition 
 thereof, which shall be made in the manner before provided. 
 
 31. In such new partition the commissioners shall not be re- 
 
TITLE XXXVI.] Chap. 139. Sect. 32—37. 403 
 
 quired to make a new division of the whole premises, but they may ^"Jj'ii.™^™* "™ 
 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 par- 
 tition just and equal, estimating the whole as in the state in which 
 it was when first divided ; or if an equal partition of the lands can- 
 not be made without inconvenience to the owners the commission- 
 ers may award money to be paid by one party to another as before 
 provided, to equalize the shares. 
 
 82. If after the first partition any improvement shall have been improvements to 
 made on any part of the premises which, by the new partition, shall new°partitiop,and 
 be taken from the share of the party who made the improvements, Bu°rcase.^° " 
 he shall be entitled to compensation therefor, to be estimated and 
 awarded by the commissioners, and to be paid by the party to Avhom 
 such part of the premises shall be assigned on the new partition, 
 and the court may order execution therefor in the usual form. 
 
 33. If any person who has not appeared and answered to the Persons not par- 
 petition for partition, shall claim to hold in severalty the premises tion claiming to 
 therein mentioned, or any part thereof, he shall not be concluded by ?„ sCTerauyrnof 
 the judgment for partition, but may bring his action for the land ^"j'^^jj't 'but 
 claimed by him against any or all of the petitioners or defendants, umy take'procee- 
 
 /i ,1 1 1 T 1 j_i J.1 • dings as in other 
 
 or ot the persons holdmg under them as the case may requn-e, cases. 
 within the same time in which he might have brought it if no such 
 judgment for partition had been rendered. 
 
 34. When any person who has not appeared and answered to •*■ versoa not ap- 
 the petition shall claim the share that was assigned to, or left for claiming a share 
 any of the supposed part owners in the judgment for partition, he owiershan le"^ 
 shall be concluded by the judgment so far as it respects the parti- titkm'but'nra^'''^' 
 tion and the assignment of the shares in like manner as if he had have kn action 
 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. 
 
 35. The action in such case shall be brought against the tenant Action in such 
 in possession, in like manner as if the plaintiff had originally claimed agatast"^om 
 the specific piece of land demanded, instead of an undivided part of ''"'""b'"- 
 
 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. 
 
 36. If two or more persons appear a& defendants claiming the Proceedings 
 same share of the premises to be divided, it shall not be necessary sons'ciahn the 
 to decide upon their respective claims except only for the purpose dMsion*"^^"*''"'^^ 
 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 which ever of the parties shall prove to be entitled to it, in 
 a suit to be thereafter brought between themselves. 
 
 37. If in such a case it shall be decided in the original suit for The defendant 
 partition upon the replication of the petitioners or otherwise, that judgment on the 
 either of the defendants is not entitled to the share that he claims, shliii'not'bf p™- 
 he shall be concluded by the judgment so far as it respects the par- f'o^'^^ubse^fnt 
 tition and the assignment of the shares, but he shall not be proven- ly contesting ws 
 
 ° -^ right with the 
 
 other. 
 
404 Chap. 139. Sect. 38—44. [paet hi. 
 
 ted 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. 
 Eights of a party 38 jf ^uy person who has not appeared and answered as above 
 
 not appearing i n i • 01 • • i ■ i 
 
 where the share shall claim any part or the premises mentioned in the petition as a 
 aitowed, how^far part owner with those who were parties to that suit, or any of them, 
 partition''judg^- ^^^ ^^ ^^^ P^-r* or share so claimed was not known or not allowed 
 ment. 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 pro- 
 portion claimed by him against each of the persons who shall hold 
 any part of the premises under the judgment for partition. 
 Redress in such 39. If the plaintiff shall prevail in the case last mentioned, he 
 against whom ob- shall not bc entitled to demand a new partition of the whole pre- 
 '^°"'' mises, but he shall recover 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 
 Eights of heir or 40, If after making of partition it shall appear that any person 
 ter partition, it for whom a sharc was left or to whom a share was assigned, had 
 the'an'cestor o?'" died bcforc such partition was made, the heir or devisee of such 
 forfpart'ifon'"'' deceased person shall not by reason of such heir or devisee having 
 how affected,' 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 per- 
 son, but the heir or devisee in such case shall have the same rights 
 and the same remedies in all respects as if such heir or devisee had 
 not been a party to the suit and had not notice of the pendency 
 thereof. 
 Remedy v.-herc a 41. If any pcrson to, Or for whom any share shall have been 
 by a person ha- assigucd or left upou any judgment for partition, shall be evicted 
 vmg a paramount thereof, by any person who, at the time of the partition, had a title 
 thereto paramount to the title of those who were parties to the suit 
 for partition, the person so evicted shall be entitled to a new parti- 
 tion of the residue, in hke manner as if the former partition had 
 not been made. 
 orTttSiSi'enr^'* ^^- -^^J pcrsou having a mortgage, attachment, or other hen 
 how asfected by upon the share of any part owner, shall be concluded by the judg- 
 e juc gmen . jjjgjjt^ go 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. 
 Suit not to abate 43. In cose of the death of any party in a petition for parti- 
 party named on a tiou, the suit need not abate, but may be conducted and prosecuted 
 partition. ^^ ^^^^ 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. 
 Expenses of com- 44. The cxpcnscs and charge of the commissioners shall be as- 
 aiiowed and costs ccrtaincd and allowed by the court, and all the other costs of the 
 o'th''er'crs'e''B'.'^ '" proceedings shall be taxed in the usual manner, and the whole shall 
 
TITLE XXXVI.] Chap. 140. Sect. 1 — 4. 405 
 
 be paid by the parties in proportion to their respective shares or 
 interests in the premises, except only the costs of a trial of any 
 issue joined in the case as to -which a different provision is before 
 made. 
 
 45. Every person holding any lands under a partition made by Titles under a 
 virtue of this chapter shall be considered as holding them under an um^'howconsr'^" 
 apparently good title, so that in case of eviction he shall be entitled '''''''=''■ 
 
 to compensation for any improvements made thereon. 
 
 46. Every order made in pursuance of this chapter by a single pi-aei-s of a single 
 judge, not sitting in open court, shall be liable to be rescinded or lescindeci or ai- 
 altered by the court in like manner as other orders. '"''^''' 
 
 CHAPTER 140. 
 
 OF FORCIBLE ENTRY AND DETAINER. 
 
 Sbctios 
 1. Wai-rants may issue in case of forcible en- 
 try and detainer, and party be held to 
 bail, &c. 
 
 Section 
 
 2. In what cases a warrant may issue. 
 
 3. Proceedings where the complaint is proven. 
 
 4. Notice to quit, what to be sufficient. 
 
 1. In cases of wrongful and forcible entry into lands, and in warrants may 
 cases of wrongful detainer, or withholding with force after posses- forcible' entry and 
 sion demanded, and also when the lessee or sub-lessee shall ille- fy be"hew toS 
 gaily hold possession after the determination of the lease and de- *'^- 
 
 mand of possession, 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 de- 
 tained in custody until he find security for his appearance to an- 
 swer such complaint at the next term of the supreme court in the 
 county, and to pay the costs of the proceedings if adjudged against 
 
 him. 
 
 2. No such warrant shall issue where the party complained of in what cases a 
 or the person under whom he claims has been in quiet possession sto™° °'^^'^" 
 for three years next before the filing of the complaint, unless in 
 
 cases of tenancy where the same has terminated. 
 
 3. Where such complaint has been proved to the satisfaction Proceedings 
 of the court they shall order a writ q{ haheri facias possessionem piaint is proven. 
 to issue, and the party complaining to be put in possession of the 
 
 lands within ten days thereafter. 
 
 4. When any house or tenement is let by the year, three Notice to quit, 
 months notice to quit, and when by the month one month's notice, den"°''°^"*" 
 and when by the week one week's notice, shall be given to the te- 
 nant in possession. 
 
406 
 
 Chap. 141. Sect. 1—2. 
 
 [part III. 
 
 TITLE XXXVII. 
 
 OF PROCEEDINGS IN SPECIAL CASES. 
 
 CHAPTER 141. 
 
 OF SUITS AGAINST ABSENT OK ABSCONDING DEBTORS. 
 
 Sectios 
 
 1. Writs of summons and attachment may is- 
 
 sue for five pounds and upwards. 
 
 2. Affidavit, its contents, how sworn ; declara- 
 
 tion, when to be filed ; how served. 
 
 3. Writ, how endorsed. 
 
 4. Levy, for what amount, to include costs. 
 
 5. Goods in agent's hands bound by service of 
 
 process. 
 
 6. Goods exhibited to be appraised before levy. 
 
 7. Perishable goods may be sold by order of a 
 
 judge, &c., unless security for their value 
 be given. 
 
 8. A person interested as subsequent attacber 
 
 or otherwise, may contest the attachment. 
 
 9. Such attachment may be attached upon affi- 
 
 davit motion and rule. 
 
 10. Court may order a jury to try any disputed 
 
 facts, and make such order as may seem 
 just. 
 
 11. Proceedings not to be affected by any act 
 
 of defendant in prior suit, or judgment 
 thereon. 
 
 12. Court may order security for costs, and 
 
 award costs as shall be just, and grant 
 execution. 
 
 13. Defendant may appear of course at the first 
 
 term, and aftei-wavds only by leave. 
 
 14. Bamages in undefended cases to be asses- 
 
 Section 
 
 Bed at the third tenn ; if in Halifax at the 
 sittings next thereafter, unless in special 
 cases ; where damages laid under twenty 
 pounds suits to be tried in a summary 
 way. 
 
 15. Agents to file declarations and submit to 
 
 examinations ; where he has no funds he 
 shall have his costs ; agent's costs in 
 summary cases, and how allowed. 
 
 16. Agent may appear and file his declaration 
 
 in the county where he resides, though 
 summoned to another county. 
 
 17. Proceedings where agent fails to appear. 
 
 18. Special bail may be put in and the property 
 
 relieved from the attachment. 
 
 19. No trial to be had until property shall have 
 
 attached, or the agent shall have admitted 
 goods in his possession. 
 
 20. Summons to be served eight days, or agent 
 
 not bound to appear till next term. 
 
 21. Defendant entitled to a rehearing within 
 
 three years. 
 
 22. Execution may issue against the agent by 
 
 order of the court. 
 
 23. Security to be given before execution shall 
 
 issue. 
 2i. Agent not liable to principal for the value 
 of goods so taken. 
 
 Writs of summons 1 . Writs of sumDQons and attachment for the sum of five pounds 
 
 and attachment i ^ i t i_ •. ii,i i- t 
 
 may is?ue for five auQ upwards may be sued out against any debtor absconding or ab- 
 wa'Jd's.^ ^^^ '^^" sent out of the province, and shall be in the forms annexed hereto. 
 Affidavit, its con- 2. The party applying for such writ, or his agent, shall make 
 deciarSirn! wheii affidavit in the usual form for holding a party to bail, which shall 
 served ^''*^'^^' ^"^^ ^^^^ ^^^^^ ^^^* ^^^ defendant is an absent or absconding debtor, and 
 that the deponent verily believes that the person, if any. about to be 
 summoned, is the agent or trustee of the defendant, or that he hath 
 I goods or credits of such defendant in his possession or under his 
 
 control ; which affidavit shall be made before a judge or a commis- 
 sioner, or in their absence before a justice of the peace, and in de- 
 claration cases the declaration shall be filed on or before the first 
 
TITLE XXXVII.] Chap. 141. Sect. 3—12. 407 
 
 day of the term, and copies of the writ and declaration shall be 
 left at the last place of abode of the defendant, where he has been 
 a resident in the province, and no rule to plead or notice of trial 
 shall be necessary in such cases. 
 
 3. The sum set out in the affidavit shall be endorsed on the writ, how en- 
 writ in words at length, and shall be signed by the person before ^°'^^^' 
 whom the affidavit is made. 
 
 4. The sheriff to whom a writ of attachment is directed, shall Levy, for what 
 levy for the amount endorsed on the writ, with thirty pounds for ciude'costs. """ 
 probable costs in declaration causes, and seven pounds in summary 
 
 suits. 
 
 5. The service of process on the agent shall bind all the goods Goods in agent's 
 and credits of the absent or absconding person then in his posses- ^ei^lceof procesf, 
 sion or under his control, to the amount endorsed on the writ, with 
 
 thirty pounds for probable costs in declaration causes, and seven 
 pounds in summary suits. 
 
 6. Where goods are exhibited to the sheriff as the property of Goods exhibited 
 the absent or absconding debtor, they shall be valued by two sworn H^^^^ f^^"^"^ 
 appraisers, and upon an appraisement being made under their hands, 
 
 the sheriff shall levy upon such part of the goods as shall be suffi- 
 cient to respond the sum sworn to, and probable costs as above. 
 
 7. Where the goods consist of stock, or are shewn upon affida- Ppiishabie goods 
 vit to be of a perishable nature, and the agent shall not within three "dev ot^a judge, 
 days after notice of the appraisement, give security for the value, ^^j; fo°'?heirva- 
 a judge, or the prothonotary of the county in his absence, may at '"<= ''' b'^<^°- 
 his discretion cause the same to be sold at public auction, and the 
 
 proceeds thereof shall be retained by the sheriff or paid into court 
 to respond the judgment. 
 
 8. When any person shall have any title or interest in any real a person interest- 
 estate, goods or credits attached, as a subsequent attacher or other- attacher or other- 
 wise, he may be allowed to dispute the validity and effect of the Ih'e attechm°en^^' 
 attachment, on the ground that the sum demanded was not justly 
 
 due, or that it was not payable when the action commenced. 
 
 9. The party objecting to the attachment may apply to the Such attachment 
 court to set it aside, which application shall be grounded on an affi- "pmaffldavumV 
 davit, setting out the facts and circumstances on which the motion ''°° ^""^ ™'^' 
 
 is made, and also shewing that his claim is just and legal. 
 
 10. Upon hearing the motion the court may direct a trial by Court may order 
 jury of any question of fact arising on the inquiry, and if it shall dispSed°fa'ct^,and 
 appear that the sum demanded in the prior suit or any part of it is "s^nay seem°^usT 
 not justly due or was not payable when the action was commenced, 
 
 the court shall order the attachment therein made to be set aside 
 in whole or in part, as justice shall require, but the order shall 
 have no other effect in the prior suit. 
 
 11. The proceedings between the two adverse claimants shall Proceedings not 
 not be affected by any plea or other act of the defendant in the anyact*'? defend 
 prior suit, nor by any judgment that shall be rendered therein. m judgment ™'' 
 
 12. The court may, upon every such inquiry, direct such secu- thereon. 
 
 , . e J. 1 J ■ ■ il Court may order 
 
 rity to be given tor costs, and, upon any decision thereon, may security for costs, 
 
 and award costs 
 
408 
 
 Chap. 141. Sect. 13—20. 
 
 [part in. 
 
 as shall be just, 
 a ad grant execu- 
 tion. 
 
 Defendant may 
 appear of course 
 at the iirst term, 
 and afterwards 
 only by leave. 
 
 Damages in unde- 
 fended causes to 
 be assessed at the 
 third term ; if in 
 Halifax at the sit- 
 tings next there- 
 after, unless in 
 special cases ; 
 where damages 
 laid under twenty 
 pounds suits to be 
 tried in a summa- 
 ry way. 
 
 Agents to file de- 
 clarations and 
 submit to exami- 
 nations ; where 
 he has no funds 
 he shall have hia 
 costs ; agent's 
 costs in summary 
 cases, and how 
 allowed. 
 
 Agent may ap- 
 pear and file his 
 declaration in the 
 county where he 
 resides, though 
 summoned to ano- 
 ther county. 
 
 Proceedings 
 where agent fails 
 to appear. 
 
 Special bail may 
 be pat in and the 
 property relieved 
 from the atUich- 
 ment. 
 
 No tx'ial to be had 
 xintil property 
 shall have been 
 attached, or the 
 agent shall have 
 admitted goods in 
 his possession. 
 
 Summons to be 
 served eight days, 
 or agent not 
 bound to appear 
 till next term. 
 
 award costs to either party as they shall think just and reasonable, 
 and execution in the common form may be issued therefor. 
 
 13. In actions against absent or absconding debtors^ the defen- 
 dant may appear at any time during the first term and give notice 
 to the plaintiff, but shall not be at liberty to appear thereafter -with- 
 out leave of the court or a judge. 
 
 14. In suits against absent or absconding debtors, in case there 
 shall be no appearance, the damages shall be assessed before a judge 
 or the court at the third term, or in Halifax at the sittings next 
 after the third term^ from the commencement of the suit, unless 
 special matter in bar, abatement, or further continuance be allowed. 
 Where the damages laid shall not exceed twenty pounds the cause 
 shall be tried in the same manner as a summary suit. 
 
 15. Where a person summoned as agent or trustee shall file a 
 declaration under his hand that he had not at the time the sum- 
 mons "was served upon him any goods or credits of the absent or 
 absconding debtor in his possession or under his control, and shall, 
 if required, submit to an examination upon oath satisfactory to the 
 court, such agent or trustee shall be discharged and be entitled to 
 his reasonable costs, to be taxed and allowed ; but in summary 
 cases an agent shall not be allowed more than one pound three shil- 
 lings and four pence for his costs, besides his travelling fees and 
 attendance as in the case of a witness. 
 
 16. Where the supposed agent or trustee is summoned to ap- 
 pear in any other county than that in which he resides, he may 
 appear and file his declaration in the county where he does reside, 
 at the first term subsequent to the service of process on him, and 
 shall submit to an examination upon oath, if required, at the same 
 or the next subsequent term. 
 
 17. If any person summoned as an agent or trustee shall fail 
 to appear and disclose upon oath, if required, the amount of the 
 goods or credits of the principal in his possession or under his con- 
 trol at the service of process, or acknowledge that he hath sufficient 
 in his hands to respond the judgment, the court may proceed against 
 him as for a contempt, and he shall also be hable to pay the plain- 
 tiff his costs if the court shall so order. 
 
 18. When the absent or absconding debtor, his agent or trus- 
 tee, shall desire to relieve the property from the attachment, he 
 shall put in and perfect special bail to respond the judgment, and 
 submit to such terms as the court or a judge shall deem right for 
 the attainment of substantial justice. 
 
 19. The plaintiff shall not proceed in the trial of his cause 
 against any absent or absconding debtor, unless his real estate or 
 goods shall have been attached, or until the agent or trustee shall 
 have admitted that he had goods or credits of such absent or ab- 
 sconding debtor in his possession or under his control. 
 
 20. When the agent or trustee is summoned, if the summons or 
 declaration be not served at least eight days before the return day 
 of the writ, he shall not be obliged to appear till the next term. 
 
TITLE XXXVII.] Chap. 141. Sect. 21—24. 409 
 
 21. Where judgment has been obtained against an absent or J?'^^^"'''"'^ '^"f'; 
 absconding debtor, the defendant shall be entitled to a re-hearing at ing within tiu'ee 
 any time within three years. '"^'"'*' 
 
 22. After judgment obtained against an absent or absconding Execution may 
 debtor, the court or a judge shall grant execution against any agent agent "hyovaer of 
 or trustee who has appeared and acknowledged goods or credits in ""* "°™''- 
 
 his hands, for such amount and on such terms as the court or a judge 
 shall think fit, allowing the agent his reasonable costs and commis- 
 sion, such agent or trustee having had notice of the application. 
 
 23. No execution shall issue against an absent or absconding secmity to be 
 debtor until the plaintiff shall give security, to the satisfaction of ^Si s*h°'iMssue. 
 the court or a judge, for the re-payment of all monies levied there- 
 under, in case the judgment should be reversed. 
 
 24. The agent of such absent or absconding debtor shall not be Agent not iiabie 
 held liable for any goods or credits so taken out of his hands by pro- the value of goods 
 cess and judgment of law. '° ""'""■ 
 
 FORMS. 
 
 S. S. Victoria, by the grace of God, of the united kingdom of 
 Great Britain and Ireland, queen, defender of the faith, and of the 
 united church of England and Ireland on earth the supreme head : 
 
 To the sheriff of the county of , or his deputy, greeting : 
 
 We command you that you summon A. B., an absent or abscon- 
 ding debtor, and C. D. of , the agent or trustee of the said 
 
 A. B., if they may be found within your precinct, to be and ap- 
 pear before our justices of our supreme court at , on the 
 
 day of next ; the said A. B. then and there to an- 
 swer to the suit of E. F. in a plea of , and the said C. D. 
 
 then and there to declare, discover, and disclose what goods or cre- 
 dits of the said A. B. were in his hands and possession, or under 
 his management and control, at the time of the service of this writ 
 upon him ; to the damage of the said E. F., as is said, of the sum 
 
 of pounds ; hereof fail not and make due return of this 
 
 writ and your doings thereon according to law. 
 
 Witness, the honorable , at this day of 
 
 , in the year of our reign, A. D. 18 — . 
 
 , attorney of plaintiff. 
 
 , prothonotary. 
 
 S. S. Victoria, by the grace of God, of the united kingdom of 
 Great Britain and Ireland, queen, defender of the faith, and of the 
 united church of England and Ireland on earth the supreme head : 
 
 To the sheriff of the county of , or his deputy, greeting : 
 
 We command you that you attach the goods and chattels or the 
 estate of A. B. for the value of , and also that you sum- 
 mon the said A. B., if he be found in your precinct, to be and ap- 
 pear before our justices of our supreme court at , on the 
 
 Tuesday of — ■ next, then and there to answer to the 
 
 suit of E. F. in a plea of ■ , to the damage of the said E. F. 
 
 52 
 
410 
 
 Chap. 142. Sect. 1—4. 
 
 [part hi. 
 
 of the sum of - 
 
 pounds, as is said, and hereof fail not ; and 
 
 make due return of this writ, and your doings thereon, according to 
 law. 
 
 Witness, the honorable , at this day of 
 
 , in the year of our reign, A. D.j 18 — , 
 
 plaintiff's attorney. 
 
 -, prothonotary. 
 
 CHAPTER 142. 
 
 OF StTITS AGAINST JOINT DEBTORS. 
 
 Section 
 
 1. One of several defendant joint debtors, 
 
 may be arrested. 
 
 2. One or more of such defendants served may 
 
 be proceeded against if the others are ab- 
 sent. 
 
 3. Court may gi-ant a continuance in such case 
 
 upon cause shown. 
 
 4. An absent joint debtor may apply to defend 
 
 at any time before final judgment. 
 
 5. Plaintiff shall file his declaration against the 
 
 Section 
 
 defendant served, and enter suggestions as 
 to the othera. 
 
 6. Plea of abatement to be disallowed unless 
 
 under special circumstances duly verified. 
 
 7. Replications of bankruptcy or insolvency to 
 
 pleas in abatement. 
 
 8. Plaintiff may have a scir£ facias against a 
 
 joint debtor returning after suit com 
 menced. 
 
 9. On what property execution may be levied. 
 
 One of several 
 defendants, joint 
 debtors, may be 
 arrested. 
 
 One or more of 
 such defendants 
 served may be 
 proceeded against 
 if the others are 
 absent. 
 
 Court may grant 
 a continuance in 
 such case upon 
 cause shown. 
 
 An absent joint 
 debtor may apply 
 to defend at any 
 time before final 
 judgment. 
 
 1. Where there are several defendants, and it is not intended 
 that all of them shall be arrested, the plaintiff or his attorney may 
 direct the sheriff to arrest one or more only of the defendants and 
 serve a copy of the capias on the others, and such service shall be 
 of the same force and effect as the service of a writ of summons. 
 
 2. Where any action founded on contract is brought agdnat 
 several defendants and the writ has been duly served on one or 
 more of them, but no legal service can be made on the others by 
 reason of their absence from the province, the action may never- 
 theless be prosecuted against those who have been served. 
 
 3. If such joint debtor shall make application to the court on 
 affidavit, stating that it is necessary for him to receive instruction 
 respecting such suit from his absent partner or joint (Jebtor, and 
 that he cannot safely proceed to trial of the cause without commu- 
 nication with him, and that he is not seeking for delay only — the 
 court may, if it shall think fit, grant a reasonable imparlance. 
 
 4. If any such joint debtor, not having been served with pro- 
 cess, shall come into the province previously to the final determina- 
 tion of the suit, and shall apply to the court to be admitted to de- 
 fend, the court shall admit him accordingly, and shall cause such 
 amendment to be made in the proceedings as may be required to 
 make the same consistent and regular. 
 
TITLE XXXVII.] Chap. 143. Sect. 1. 
 
 411 
 
 5. When some only of the defendaata have been served with Pi»intiff&hau me 
 process, the plaintifiF may file his declaration against such as have aglinsme aSen- 
 been so served, suggesting therein the names of those defendants Sr ™g™e*6tions 
 who were absent out of the province when the writ was issued, and aato the others. 
 who, on that account, could not be served with process. 
 
 6. No plea in abatement for the non-joinder of a person as a riea of abatement 
 co-defendant shall be allowed, unless it shall be stated in the plea unies's S'Tp'e'^ 
 that he was at the commencement of the suit resident within the X^verittedu""^^ 
 jurisdiction of the court, and unless his place of residence shall be 
 
 stated with convenient eertaimty in an affidavit verifying the plea. 
 
 7. To any plea in abatement of the non-joinder of another per- Repiioations of 
 son, the plaintiff may reply that such person has been discharged SvencTto' 
 by bankruptcy and certificate,, or as an insolvent debtor. ^m '" '^^"■'■''- 
 
 8. If a joint debtor absent at the commencement of the suit piaintiirmayhave 
 sha,ll come into the province after final judgment, and before the against /Toi^t 
 plaintiff shall have received full satisfaction thereof, the plaintiff debtor returning 
 
 , .. « . ^ . . . 1 . . . ^, . after suit corn- 
 
 may sue out a wnt oi scire fmctas against him, requiring nim to menced. 
 
 shew cause why execution should not issue against him to satisfy 
 
 what may remain due on such judgment ; and the defendant may 
 
 plead either in bar to the original suit or in answer to the scit-e 
 
 facias. 
 
 9. The plaintiff after iudgment recovered mav take out execu- on what property 
 
 .1 ^, 1^ 1 TT 1 execution may be 
 
 tion tnereon, and cause the same to be extended on the joint or iCTied. 
 separate property, or on the persons of all the joint debtors ; but 
 such execution shall not be extended on the separate property or 
 on the person of any joint debtor not brought into court as a party 
 to the suit. 
 
 CHAPTER 143. 
 
 OF SUITS BY AND AGAINST EXECUTORS AND ADMINISTRATORS. 
 
 Sbctios 
 
 1. Actions of trespass, &c., may be brought by 
 
 executors, &c., within one year after tes- 
 tator's decease, for injuries to real estate 
 done six months before Ms deakh. 
 
 2. Within what time actions of trespass, &c., 
 
 may be brought against executors, &c. for 
 injuries done by deceased. 
 ■ 3. Actions for debt may be maintained against 
 executors, &c. 
 
 SECTros 
 
 4. Legacies, &c., may be recovered by action 
 
 at common law. 
 
 5. Besiduary legatees may sue their co-execu- 
 
 tors. 
 
 6. Executors refusing to act, and to whom pro- 
 
 bate has not been granted, need not be 
 named: in any suit or proceeding. 
 
 1. Actions of trespass or ti-espass on the case may be main- Actions of tres- 
 tained by executors or administrators for any injury to the real {|*^^; ^^^ "xecu- 
 estate of the deceased committed within six months previous to his ^rs within one 
 
 '■ year after testa- 
 
412 
 
 Chap. 144. Sect. 1. 
 
 [part III. 
 
 injuries" trr'T decease, for which the deceased might have maintained such action, 
 estate done six provided the action be brought within one year after his death. 
 
 2. Actions of trespass or trespass on the case may be main- 
 
 months before his 
 death. 
 
 Within what time tained against the executors or administrators of a deceased person 
 pass°"&c°, m'ay he for any injury done by him in his lifetime to the real or personal 
 executatf &rfor pi'operty of another, so as such injury shall have been committed 
 injuries done by within six months before his death, and so as such action shall be 
 brought within six months after his executors or administrators 
 shall have undertaken' the administration of his estate. 
 
 3. An action of debt on simple contract may be maintained at 
 common law against any executor or administrator. 
 
 4. Every legatee may recover the amount and value of his 
 legacy, annuity or bequest, at common law, from the administra- 
 tor with the will annexed or executor, either by action for money 
 had and received or otherwise. 
 
 5. Any executor being a residuary legatee may maintain an 
 action at common law for money had and received or otherwise 
 against the co-executor, and may in like manner sue for and reco- 
 ver his rateable part thereof, and any other residuary legatee shall 
 have the like remedy against an executor. 
 
 6. When two or more persons are named executors in a will 
 and any of them shall neglect or refuse to act, and probate shall 
 
 granted, need not ^6 granted to the othcr or others of them, it shall not be necessary 
 suit^orprocee-™'^ ^° name the executor who has so refused or neglected, in any ac- 
 ding- tion or suit relating to the estate. 
 
 Actions of debt 
 may be maintain- 
 ed against execu- 
 tors, &c. 
 
 Legacies, &c., 
 may be recovered 
 by action at com- 
 mon law. 
 
 Residuary lega- 
 tees may sue their 
 co-executors. 
 
 Executors refu- 
 sing to act, and 
 to whom probate 
 has not been 
 
 CHAPTER 144. 
 
 OF SUMMARY SUITS. 
 
 Section 
 
 1. No suit to be commenced in the supreme 
 
 court unless the amount of debt exceeds 
 five pounds. 
 
 2. Debts under twenty pounds to be recovered 
 
 in a summary manner ; the judge may 
 order a trial by jury. 
 
 3. No bail need be filed in a summary suit. 
 
 i. Declarations and pleas unnecessary; no 
 costs to be allowed therefor. 
 
 5. Bail to the sheriff to be liable as special bail. 
 
 6. Appellants to enter appeal causes, or judg- 
 
 ment may be affirmed for the opposite 
 party. 
 1. Appeal causes to be tried anew. 
 
 Section 
 
 8. An apphcation for a jury must be to the 
 
 court in term, upon affidavit. 
 
 9. Judgment upon appeal, how given. 
 
 10. Execution may issue against appellant, or 
 
 the appeal bond be put in sui6. 
 
 11. Process returnable to Halifax, how long to 
 
 be served before trial. 
 
 12. Summary causes to be tried on first day of 
 
 term, except in Halifax. 
 
 13. List of causes, when to be given prothono- 
 
 tary in Halifax 5 when to be tried. 
 
 14. Notice of trial to be given in continued 
 
 causes. 
 
 No suit to be 
 commenced in the 
 supreme court 
 
 supreme court ^- ^^ actioii for the recoverj of any debt shall be commenced 
 
 exSs^vT'"''' ^^ ^^^ supreme court unless fte ^^lpunt thereof shall exceed five 
 
 pounds. pounds. 
 
TITLE XXXVII.] Chap. 144. Sect. 2—14. 413 
 
 2. All actions for the recovery of debts not exceeding twenty Debts under 
 pounds shall be brought in a summary manner, and the presiding be recovered L 1 
 judge may determine the same or order a trial by jury. Dc"The Se 
 
 3. It shall not be necessary to file common or special bail in any !"*? ">*'^>' ^ '""• 
 
 J r J by jury. 
 
 summary suit. No baU need be 
 
 4. No declaration or plea shall be necessary, nor any costs marysuft.^™^ 
 therefor allowed in any action for the recovery of a debt not excee- pieafunMcet"'^ 
 ding twenty pounds. b^'t ; no coats to 
 
 5. In summary suits the bail to the sheriff shall continue liable for. 
 
 to the same extent as if they were special bail, and shall be at fotenabteasspe"^ 
 liberty to render the defendant without putting in special bail. "^ '"'''■ 
 
 6. In appeal causes the appellant shall cause his appeal to be Appellants to en- 
 entered on the docket of summary causes, and in case he shall or'judgmentmay 
 neglect to enter the same, the original judgment shall be affirmed oppmi™%rt'y.''^ 
 at the instance of the opposite party with costs. 
 
 7. In all causes brought up by appeal and contested, the court Appeal causes to 
 shall try the same anew. "' ''""" '"""'■ 
 
 8. In summary and appeal causes the application for a jury An application 
 must be by affidavit to the court in term, and it shall be discretio- be t^ih?courtin 
 nary with the court to grant the same. 'e,™, upon affida- 
 
 9. In appeal causes where the original judgment is affirmed, the judgment upon 
 final judgment shall include the debt and costs below, with the fur- weai.how given. 
 ther costs, and execution shall issue for such debt and costs, or for 
 
 costs only, as the case may require. Where the original judgment 
 is reversed after the same has been enforced, the final judgment 
 shall include the amount levied under the original judgment, toge- 
 ther with the costs of the reversal. 
 
 10. In appeal cases the respondent may take out execution Bxecutionmay 
 against the appellant, or have recourse to the appeal bond. appdiafC°or the 
 
 11. No trial shall take place in a summary cause in Halifax, ""P?''^ bond be 
 
 I'll • • 11111 put in suit. 
 
 unless the process by which the action is commenced shall have Process retuma- 
 been served upon the defendant, if within the county eight days, how long '"''' 
 if without the county fourteen days, and if within the island of " 
 Cape-Breton twenty-one days, before the day appointed for the 
 trial of summary causes. 
 
 12. In future the summary causes in all the counties except Summary causes 
 Halifax, shall be brought to trial and heard on the first day of the d°ay'ottom° "^ex- 
 term, and the jury causes taken up immediately after the disposal of ""^'^ ™ Halifax. 
 such summary causes. 
 
 13. The list of summary causes for trial at Halifax shall be List ot causes, 
 hereafter given in to the prothonotary on the last Thursday of every pvXonoterfta" 
 term, and the cause shall be set down and tried on the following ™e m^/""™ 
 Tuesday, being the first day of sittings after each term. 
 
 14. In all continued summary and appeal causes a notice of Notice of triai to 
 trial shall be given as in declaration cases. tinue™causes°" 
 
 served before 
 trial. 
 
414 
 
 Chap. 14&. Sect. 1 — 5. 
 
 [part hi. 
 
 CHAPTER 145. 
 
 OF DISTRESS FOR REKT. 
 
 Section 
 
 1. Goods disU'amed to be appraised and a6M 
 
 within five days after notice, if not reple- 
 vied. 
 
 2. Goods to be sold, and after rent paid, sur- 
 
 plus, if any, to remain for owner's use. 
 
 3. Grain in the straw, hay in a barn, &c., how 
 . distrained. 
 
 4- Remedy in case of pound breach, and res- 
 cue of goods distrained. 
 
 5 Remedy in case of a distress for rent where 
 none is in arrear. 
 
 6. Goods not liable to be removed under exe- 
 
 cution till rent pajd, but not to exceed one 
 year's amount, &c. 
 
 7. Goods fraudulently removed to avoid dis- 
 
 Section 
 
 trees may, unless previonsly sold in good' 
 faith, be seized within twenty-one days. 
 
 8. Rent reserved upon a lease for life may be 
 
 recovered as in, other cases. 
 
 9. Rent may be distrained fbr within six 
 
 months after det«nnination of lease in 
 certain cases. 
 
 10. Executor, &c., may distrain for rent due 
 
 deceased, and in what cases. 
 
 11. Cattle, corn, fruHs, Jfec, which may be taken 
 
 as a distress for rent. 
 
 12. Distress in such case how kept whore no 
 
 bam, &e. on the premises. 
 15. Notice of the place of such deposit, when 
 and- to whom to be given. 
 
 Goods distrained 
 to be appraised 
 and sold within 
 five days after 
 notice, if not re- 
 plevied. 
 
 Goods to be sold, 
 and after rent 
 paid, surplus, if 
 any, to remain 
 for owner's use. 
 
 Grain in the 
 straw, hay in a 
 barn, &c. how dis- 
 trained. 
 
 Remedy in case 
 of pound breach, 
 and rescue of 
 goods distrained. 
 
 Remedy in case 
 of a distress for 
 rent where none 
 is in arrear. 
 
 1. Where any goods are distrained for rent reserved and due 
 upon any lease or contract, and the tenant or owner of the goods 
 shall not within ^ve days next after the distress taken;, and notice 
 thereof with the cause of taking served upon him, or left at the 
 most conspicuous place on the premises charged with such rent, 
 replevy the same with security to he given to the sheriff, the land^- 
 lord, with the sheriff or his deputy or a constable, who are requked 
 to aid therein, may cause the goods so distrained to be appraised 
 by two sworn appraisers. 
 
 2. After the appraisement the landlord shall sell the goods dis- 
 trained for the best price to be g(rfien therefor, towards payment 
 of the rent due and expenses incurred, leaving the overplus, if any, 
 in the hands of the oflBcer for the owner's use. 
 
 3. Sheaves or cocks of grain, grain loose or in the straw, hay 
 in a barn or upon a hovel stack or rick, or upon the land charged 
 with such rent, may be locked up or detained upon the premises 
 by a landlord having rent in arrear, for or in nature of a distress, 
 until the same shall be replevied upon security to be given as 
 above ; and in default of being replevied withm the time above in 
 that behalf specified, after appraisement made may in like manner 
 be sold, but the same shall not be removed out of the place where 
 found and seized by the distrainer, to the damage of the owner, 
 before such sale. 
 
 4. Upon any pound-breach and rescue of goods distrained for 
 rent the person grieved thereby may recover his damages against 
 the offender, or against the owner of the goods distrained if the 
 same be afterwards found to have come to his use or possession. 
 
 5. In case any distress and sale be made by any person for rent, 
 where none is in arrear, the owner of the goods distrained, his ex- 
 
TITLE XXXVII.] Chap. 145. Sect. 6—11. 415 
 
 ecutora or administrators, by action of trespass, or trespass on the 
 case, may 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. 
 
 6. No goods being upon any messuage or tenement leased shall cooris not uaiie 
 
 i_ T 1 i , 11. t* • 1 1 to be removed 
 
 be liable to be taken by virtue ot any execution, unless the party under execution 
 at whose suit the execution is sued out shall before removal of such not to"exreed one 
 goods from off the premises pay the landlord or his baihif at least ^^^'^ amount, 
 one years' rent thereof, if so much is in arrear and due ; and if the 
 rent be not actually due then a rateable part thereof up to the levy 
 of the execution. If the arrears exceed one years' rent of the 
 premises, then upon payment to the landlord or his bailifi" of one 
 years' rent, the execution creditor may proceed to execute his judg- 
 ment as in other cases ; and the sheriff, his deputy or other oiEcer 
 is required to levy and pay to the execution creditor, as well the 
 money so paid for rent as the execution money. 
 
 7. In case any lessee of any messuage, lands or tenements, upon aoodsfrauduient- 
 the demise whereof any rents are reserved, shall fraudulently or clan- ayoiTSress 
 destinely convey from such demised premises his goods, with intent may unless pre- 
 to prevent the landlord distraining the same, such landlord, by good faith, be 
 himself or his servants, may within twenty-one days then next en- twenfy^ne'dayg. 
 suing 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. 
 
 8. Rent in arrear and due upon a lease for life or lives may be Rent reserved 
 
 1, i*'j.i T 1 11} upon a lease for 
 
 recovered by action in the same way as it reserved upon a lease tor life may he re- 
 
 served as m other 
 y'Sai S. cases. 
 
 9. Rent in arrear and due iipon a lease for life or hves, or for Rent may be dis- 
 years or at will, ended or determined, may be distrained for after s™ mon'ths"^afte° 
 suoh determination, in the same way as if such leases were not de- determination of 
 
 ,„ 11* 1 T'l* ■ t t* 1 lease in eei'tain 
 
 termmed, if such distress be made wjthin six months after such cases. 
 determination, during the continuance of the landlord's title or in- 
 terest and during the possession of the tenant from whom such 
 arrears are due. 
 
 10. Executors or administrators of a landlord may distrain upon Executors, &c. 
 lands demised for a term or at will, for rent due in his lifetime, "nt due'Tcea- 
 and such rent xm,j be distrained for after the determination of such cases'!"*'"^''''" 
 term or lease at will, in the same manner as if such term or lease 
 
 had not been ended or determined ; but the distress in such case 
 must be made within six months next after the determination of 
 such term or lease and during the continuance of the possession of 
 the tenant from whom such rent is due. 
 
 11. A landlord or 'his bailiff may seize as a distress for arrears Cattie,corn,fTuits, 
 of rent any cattle or stock of his tenant feeding upon any common ^ ikken asTdis- 
 belonging to any part of the premises demised, and may also seize "^'' *' ''^°'- 
 all sorts of com, grain, grass, hops, roots, fruits, pulse or other 
 
 product growing on any part of the premises demised as a distress 
 
416 
 
 Chap. 146. Sect. 1—4. 
 
 [part irr. 
 
 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. 
 
 Distress in such 12. In case there is no barn or proper place on the premises 
 
 whlre M to?n, for receiving the same, then he may cause the same to be placed 
 
 &c. upon the pre- j^ any barn or proper place to be procured as near as may be to 
 
 the premises, and in convenient time shall appraise and dispose of 
 
 the same towards satisfaction of the rents and the charges of such 
 
 distress as in other cases. The appraisement to be made after the 
 
 crop is cut, cured and gathered, and not before. 
 
 Notice of the 13. Notico of the place where the goods so distrained shall be 
 
 pS, wheTand" deposited shall, within one week after their being so deposited, be 
 
 to whom to be given to the tenant or left at his last place of abode. 
 
 given. *-■ ^ 
 
 CHAPTER 146. 
 
 OF ARBITRATIONS. 
 
 Section 
 
 1. Power of arbitrators, when irrevocable ; 
 
 judge may enlarge time for award. 
 
 2. Attendance of witnesaes, how enforced. 
 
 3. Production of documente ; witness not com- 
 
 pelled to attend more than two days con- 
 secutively. 
 
 4. Arbitrators may administer oaths to wit- 
 
 nesses. 
 
 Section 
 
 5. Justices of the peace may administer oaths 
 
 when arbitrators not appointed under rule 
 of com-t, &c. 
 
 6. Obedience to an award, how enforced. 
 
 7. Fees to be allowed to arbitrators on taxation 
 
 of costs. 
 
 Power of arbitra- 
 tors, when irrevo- 
 cable ; judge may 
 enlarge time for 
 award. 
 
 Attendance of 
 witnesses, how 
 enforced. 
 
 Production of do- 
 cuments ; witness 
 not compelled to 
 attend more than 
 two days consecu- 
 tively. 
 
 Arbitrators may 
 administer oaths 
 to witnesses. 
 
 1. The povrer of arbitrators appointed under a rule or submis- 
 sion, containing an agreement that it should be made a 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. 
 
 2. Where any rule or submission shall have been made, the 
 court or a judge may by rule or order command the attendance of 
 any witnesses and the production of any documents that may be 
 required on the investigation thereof; and if after the rule or order 
 and a notice containing the time and place where the attendance of 
 the witness is required, signed by one at least of the arbitrators, 
 shall have been served on him, and he shall have been tendered 
 his reasonable fees, he shall neglect to attend, he shall be deemed 
 guilty of a contempt of court. 
 
 3. No person shall be compelled to produce, under any rule or 
 order, any writing or document that he would not be compelled to 
 produce at a trial, nor to attend on more than two consecutive 
 days. 
 
 4. Arbitrators so appointed may administer oaths to the wit- 
 nesses. 
 
TITLE XXXVII. J .Chap. 147. Sect. 1—3. 
 
 417 
 
 5. When arbitrators are appointed under a submission not con- 
 taining any agreement that it shall be made a rule of court, any 
 justice of the peace may administer oaths to the "witnesses in the 
 presence of one or more of the arbitrators. 
 
 6. Where a submission has been made a rule of the supreme 
 courtj pursuant to the agreement therefor, the court may enforce 
 obedience to any award duly made under such submission by di- 
 recting a judgment to be entered or execution to issue for the 
 amount thereof "with costs. 
 
 7. The judge taxing the costs of any cause referred under a 
 rule or order shall allow such fees to the arbitrators making the 
 awardj as he may think reasonable. 
 
 Justices oftlin 
 pcacij may adtni- 
 uisLcr ofiLlis 
 when ai-biti'ators 
 not appointed un- 
 der rule of court, 
 &c. 
 
 Obedience to an 
 award, how en- 
 forced. 
 
 Fees to arbitra- 
 tors to be allowed 
 on taxation of 
 costs. 
 
 CHAPTER 147. 
 
 OF PETTY TRESPASSES AND ASSAULTS. 
 
 Section 
 
 1. Sessions to make regulations respecting 
 
 horses, &c., going at lai'ge. 
 
 2. Penalty for violation of regulations. 
 
 3. A justice to have jurisdiction over tres- 
 
 passes by horses, &c., to three pounds. 
 4- Replevin may be granted by justice. 
 
 5. Foi-m of writ. 
 
 6. Cause to be tried as in other cases. 
 
 7. Penalty for damagingor defacing a common. 
 
 8. Penalty for injuring ornamental trees on 
 
 public roads, &c. 
 
 9. Penalty for trespassing in cultivated enclo- 
 
 sures. 
 
 10. Penalty for cutting down or injuring trees 
 
 on private lands. 
 
 11. The above penalties to be cumulatory reme- 
 
 dies. 
 
 12. Two justices of the peace to have jurisdic- 
 
 tion over assaults to forty shillings. 
 
 Section 
 
 13. Executions may issue for fines and costs, 
 
 and imprisonment may be ordered not ex- 
 ceeding thirty days. 
 
 14. Justices may dismiss a complaint, and give 
 
 a certificate accordingly. 
 
 15. Justices may give to or withhold costs from 
 
 either party. 
 
 16. 'When the offence Is aggravated the justices 
 
 may bind over the parties to appear at tlie 
 supreme court. 
 
 17. Compliance with the justices judgment shall 
 
 acquit from all further criminal procee- 
 dings. 
 
 18. Limitation of prosecutions. 
 
 19. Proceedings to be by summons ; form given. 
 
 20. Conviction to be endorsed or annexed to the 
 
 summons j form given. 
 
 1. The sessions shall make regulations for preventing trespasses sessions to make 
 
 ■,1 ,,11 ■ i_ • J. 1 regulations re- 
 
 by horseSj cattle, sheep, swme or goats going at large. 
 
 2. Persons violating the regulations shall forfeit a sum not ex- 
 ceeding forty shillings. 
 
 3. Where a trespass has been committed by horses, cattle, sheep, 
 swine or goats, and the damage alleged to have been suffered shall 
 not exceed three pounds, the case may be tried before a justice of hoTsesr^cl'V 
 the peace in the same manner and with the like costs, and subject three pounds, 
 to appeal and Other proceedings as if it were an ordinary debt. 
 
 53 
 
 specting horses, 
 &c., going at 
 large. 
 
 Penalty for viola- 
 tion of regula- 
 tions. 
 
 A justice to Iiavo 
 jurisdiction over 
 
418 Chap. 147. Sect. 4 — 14. [part hi. 
 
 BepieviM may be 4. Tlie justicG shall grant replevin wlicre required upon secu- 
 gi^aoted by jus- ^_j^^ being given for prosecuting the same with effect -within seven 
 
 days. 
 Foim or writ, 5. The Writ of replevin shall be in the following form : 
 
 You are hereby commanded to replevy to A. B. his cattle, viz : 
 [//ere describe ikem] which C. D. unjustly, as is alleged, detains 
 under pretence of having committed a trespass not exceeding three 
 pounds, and also to summon the said C. D. to appear before me at 
 
 , on the day of , at o'clock, in the 
 
 noon, there to answer such 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.) 
 
 Cause to be tried 6. The justJce shall try the cause commenced by such wiit, 
 ci casLs. ^^j g.^^ judgment with the like costs as in ordinary cases of debt 
 and subject to the same further proceedings thereon. 
 Penalty for dama- 7. jf any pcrson shall cut or carry away the soil or sods of any 
 common. ° common whereby the pasturage shall be injured or the ground de- 
 faced, he shall forfeit a sum not exceeding twenty shillings. 
 Penalty for inju- 8. If any pcrson shall cut down or injure any trees planted for 
 tre?s°on'''pubiic Ornament or left growing on the side of any public square, street 
 roads, &c. Qj. bighway, he shall forfeit for every such tree a sum not excee- 
 
 ding forty shillings ; but no penalty shall attach for the removal of 
 any such trees by a commissioner of streets or surveyor of high- 
 ways. 
 Penalty for trcg- 9. If any porson shall trespass in a cultivated enclosure he 
 vatelT enc'tasulres. ^^^^^ forfeit a sum not exceeding ten shillings for the use of the 
 
 occupier of the land. 
 Penalty fi.r cut- 10. If any pcrsou shall illegally cut down or injure any tree 
 jm-fn^hTOs ot'"" growing on private lands, or shall illegally carry away such tree 
 private lands. -(vhen cut down, he shall for every such tree forfeit a sum not ex- 
 ceeding forty shillings for the use of the owner of the soil. 
 The above penal- 11. Nothing in the two preceding sections contained shall take 
 litor j° remediS"" away from the party injured any right of action at law for the 
 
 trespass committed. 
 Two justices of 12. Two justices of the peace may hear and determine in a 
 
 the peace to have ii t • i. r ij. j t_ ax • 
 
 jurisdiction over Summary way all compiamts tor common assaults and batteries, 
 shiiihl"3 '" *°'''*^ ^^^ upon conviction the offender shall forfeit a sum not exceeding 
 forty shiUings, to be paid over when recovered to the county trea- 
 surer, and the justices shall forthwith file the receipt of the county 
 treasurer with the clerk of the peace. 
 Executions may J 3 jf ^be fine and costs awarded shall not be paid forthwith, 
 
 issue for fines and .,.,. "ipi tt^.. 
 
 costs, and impri- Or withm tho time appointed for that purpose by the lustices, the 
 ordtrcd not ex- Same may be levied by execution in the usual form, under which 
 dayt'.°^ "^'"^ the offender may be imprisoned for a period not exceeding thirty 
 
 days, unless the fine and costs be sooner paid. 
 mSrrco^piSt ^^' ^^ "^^ j'-istic?§ upon the hearing shall deem the offence not 
 
TITLE xxxvii.J Chap. 147. Sect. 15—20. 419 
 
 proved, or so trifling as not to merit punishment, they may dismiss ^^^J'^^.^'^j. "'='■"" 
 
 the complaint, and if required shall give the party acquitted a cer- aingiy.' 
 tificate accordingly. 
 
 15. The justices may give costs either to complainant or de- ^or wftS/'" 
 fendant, or dismiss the complaint without costs on either side. costs from either 
 
 16. If the oifence charged be of an aggravated kind, or if upon wlieve the offence 
 the hearing the justices think the offender deserving a higher jusltEmlfb'na 
 punishment than above prescribed, they may bind the offender over over the parties to 
 
 T^ . ^ ' ./ ./ appear at the su- 
 
 by recognizance to appear at the next supreme court to answer premo court. 
 the charge, and if necessary may also bind over the prosecutor to 
 appear and prosecute, and the witnesses to give evidence. 
 
 17. If any person shall have obtained a certificate as above, Compliance with 
 or, having been convicted, shall have paid the whole amount ad- menrsMracqlilt 
 
 judged, or shall have suffered the punishment awarded for non- [ 
 
 payment thereof, he shall be thereby acquitted of all criminal pro- ^'"'i 
 ceedings for the same offence. 
 
 18. Every prosecution under this chapter shall be commenced Limitation of pro- 
 within three months after the offence committed. secutions. 
 
 from all further 
 criminal procee- 
 
 19. The justices shall proceed by summons in the form fol- rrooeedings 
 
 by summons ; 
 form given. 
 
 to be 
 
 lowing ; 
 
 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 bat- 
 tery^ as the case may be] committed on or about the day of 
 
 , contrary to the provisions of chapter 147 of the revised 
 
 statutes. 
 
 Witness our hands at the day of , A. D. 
 
 18—. 
 
 E. F. J. P. (seal.) 
 .G. H. J. P. (seal.) 
 
 20. The conviction under this chapter shall be endorsed upon conviction to be 
 or annexed to the original summons in the form following : nexclu.'lthesuin- 
 
 The within named 0. D., having been duly summoned, was this 
 day convicted of a petty trespass [or a petty assault and battery^ 
 or a petty assault] upon his own confession [or upon default, or 
 upon the oath of J. K. as the case may be, stating the manner 
 of the party'' s conviction and the na/mes of the witnesses ex- 
 
 amitied] and was thereupon fined the sum of , with costs, 
 
 amounting in all to the sum of , to be paid forthwith [or 
 
 ivithin days next]. 
 
 Witness our hands this day of , A. D. 18 — . 
 
 E. R, J. P. 
 G. H., J. P. 
 Which, when signed by the justices, shall be a valid record of such 
 conviction. 
 
 mons ; form 
 given. 
 
420 
 
 CuAP. 148. Sect. 1—2. Chap. 149. Sect. 1. [part in. 
 
 CHAPTER 148. 
 
 OF THE WRIT OF CERTIORARI. 
 
 Section 
 1. Bail to be filed before issuing a writ of cer- 
 tiorari ; endorsements required on the 
 writ. 
 
 Section 
 2. Court above may enquire anew Into the 
 facts, and may order a trial by jury. 
 
 Bail to be filed 
 befoie issuing a 
 writ of certiorari ; 
 endorsements re- 
 quired on the 
 writ. 
 
 Court above may 
 enquire anew into 
 the facts, and may 
 order a trial by 
 jury. 
 
 1. Previous to issuing a writ of certiorari the judge or com- 
 inissioner shall require the person applying therefor to file sufficient 
 bail, in such reasonable amount as the judge or commissioner shall 
 direct, to respond the judgment to be finally given in the cause, and 
 the judge or commissioner shall endorse on the writ the amount for 
 which bail is filed, with the names of the bail, and also the date 
 when the writ was allowed, and shall put his signature thereto. 
 
 2. In all causes and proceedings brought up by certiorari, the 
 court may inquire into the facts anew, if it shall seem to them to be 
 necessary, and may order a trial thereof by jury. 
 
 CHAPTER 149. 
 
 OF IXTERPLEADER. 
 
 :K''TI0N 
 
 1. When defendant alleges the interest in the 
 
 subjc'Ct of the suit to be in a third party, 
 he may, before plea, apply for a rule or 
 order upon him to appear and state his 
 claim. 
 
 2. The court or judge may hear tlie case, and 
 
 in the meantime stay the proceedings. 
 
 3. The court or judge may make such third 
 
 party defendant in that or another action, 
 or by consent dispose of the matter on the 
 merits. 
 
 4. Rules and orders may be made as to costs, 
 
 &c., as are just. 
 
 Section 
 
 5. Judgment to be final. 
 
 6. If such third party shall not appear he shall 
 
 be barred from any claims against the de- 
 fendant, but not against the plaintiff; 
 power of the court as to costs. 
 
 7. Order of a judge liable to be reviewed by 
 
 the court. 
 
 8. A judge may at any stage refer the procee- 
 
 dings to the court. 
 
 9. Provisions of this chapter made applicable 
 
 to sheriffs, constables, &c. 
 10. Rules, orders, &c., to be entered of record, 
 and have the effect of judgments. 
 
 When the defen- 
 dant alleges the 
 interest in the 
 subject of the suit 
 to be in a third 
 party, he may, be- 
 fore plea, api)Iy 
 for a I'ule or order 
 upnii liim to ap- 
 ]jear and state his 
 claim. 
 
 1. If in any action of assumpsit, debt, detinue or trover, the 
 defendant, after declaration and before plea, shall by affidavit or 
 otherwise, shew that he claims no interest in the subject matter of 
 the suit, but that the right thereto is claimed or supposed to belong 
 to some third party, who has sued or who is expected to sue for the 
 same, and that such defendant does not in any manner collude with 
 such third party, but is ready to bring into court or to pay, or to 
 
TITLE XXXVII.] Chap. 149. Sect. 2—9. 421 
 
 dispose of the subject matter of the action in such manner as the 
 court or any judge thereof may order or direct, the court or a judge 
 may make rules or orders calling upon such third party to appear 
 and state the nature and particulars of his claim, and maintain or 
 relinquish the same. 
 
 2. Upon such rule or order the court or a judge may hear the The oomt or a 
 allegations as well of such third party as of the plaintiff, and in iSe^caTeyanfL 
 the mean time may stay the proceedings in the action. stoyThe p'-ocee- 
 
 3. The court or a iudee may finally order such third party to dings. 
 
 1 . The court or 
 
 make himself defendant in the same or some other action, or to pro- judge may make 
 ceed to trial on a feigned issue, and may also direct -which of the aefendant irihat 
 parties shall be plaintiif or defendant on such trial, or with the con- or another action, 
 
 ^ _, -,^.„ 11.1 1" 1 • or by consent dis- 
 
 sent of the plamtiff, or such third party, their counsel or attormes, pose ot the matter 
 
 may dispose of the merits of their claims and determine the same ™ ""* "^"'^^ 
 
 in a summary manner. 
 
 4. The court or a judge may make such other rules and orders Euies ana ordei-s 
 therein as to costs and all other matters as may appear to be just Xsto, &o* as''' 
 and reasonable. '"''* j"^'- 
 
 5. The judgment in the issue or action, and the decision of the judgment to b« 
 court or judge in a summary manner, shall be final and conclusive *°^'' 
 against the parties and all persons claiming under them. 
 
 6. If such third party shall not appear upon being duly served ifsuch third 
 with such rule or order to maintain or relinquish his claim, or shall app^r he shaii 
 neglect to comply with any rule or order after appearance, the ^lylZtml"'"^ 
 court or a judge may declare such third party, and all claiming against the defen- 
 under him, barred forever from prosecuting his claims against the agaiist the piain- 
 original defendant or his representatives, saving nevertheless the co*^tTsTo' cos** 
 right or claim of such third party against the plaintiff, and may 
 thereupon make such order between such defendant and the plaintiff 
 
 as to costs and other matters as may appear just and reasonable. 
 
 7. Any order made in pursuance of this chapter by a single order of a judge 
 judge not sitting in open court, shall be liable to be rescinded or viewed°by^ha 
 altered by the court, in like manner as other orders made by a sin- ''°™^' 
 
 gle judge. 
 
 8. If upon application to a judge, in any stage of the procee- a judge may at 
 dings, he shall think the matter more fit for the decision of the the proceedings 
 court, he may refer it to the court, and thereupon the court shall '° "'^ °'""''' 
 hear and dispose of the same, as if the proceedings had commenced 
 
 by a rule of court instead of the order of a judge. 
 
 9. Where claim shall be made to any goods taken or intended Provisions of this 
 to be taken under any writ of execution or attachment, issuing out pucawe S^she-^" 
 of any court, the supreme court, or any judge thereof, upon appli- ^^f' constables, 
 cation of a sheriff, constable or other officer, made before or after 
 
 the return of such process, and as well before as after any action 
 brought against such sheriff, constable or other officer, may call 
 before them by rule of court, as well the party issuing such pro- 
 cess as the party making such claim ; and thereupon exercise for 
 the adjustment of such claims, and the rehef and protection of the 
 sheriff, constable or other officer, all or any of the powers and au- 
 
422 
 
 Chap. 150. Sect. 1—2. 
 
 [part III. 
 
 Eiiles, orders, &c. 
 to be entered of 
 record, and have 
 the effect of judg- 
 ments. 
 
 thorities hereinbefore contained, and make such rules and decisions 
 as shall appear to be just, according to the circumstances of the 
 case, and the costs of all such proceedings shall be in the discretion 
 of the court. 
 
 10. All ruleSj orders, matters and decisions, in pursuance of 
 this chapter, excepting only the affidavit to be filedj-may, together 
 with the declaration in the cause, if any, be entered of record, with 
 a note in the margin, or an endorsement thereon by the prothono- 
 tary, expressing the date of entry, and which shall be evidence 
 thereof. Every rule or order so entered shall have the effect of a 
 judgment, except as to the becoming a charge upon lands ; and 
 such rules or orders may be enforced by execution as in other 
 cases. 
 
 CHAPTER 150. 
 
 or THE PROTECTION OF JUSTICES OF THE PEACE. 
 
 Section 
 
 1. Actions against justices to be actions on the 
 
 case ; allegations of malice, &c. necessary 
 in the declaration. 
 
 2. Malice, &c., when need not be alleged ; ac- 
 
 tion in such case when only to be brought. 
 
 3. Cases in which no action shall lie against 
 
 the justice for any thing done under his 
 warrant. 
 
 4. Justice issuing a warrant not liable to an 
 
 action where another justice makes an 
 illegal conviction. 
 6. Justice granting a warrant of distress for a 
 rate not liable for any deficiency in the 
 rate. 
 
 6. Supreme court may compel a justice by rule 
 
 to do an act relating to his office ; procee- 
 dings in such case, how taken. 
 
 7. No action shall be brought against a justice 
 
 Section 
 
 for granting a warrant upon a defective 
 conviction, &c., confirmed by appeal. 
 
 8. Actions brought when forbidden may be set 
 
 aside. 
 
 9. Month's notice to be given a justice before 
 
 action brought ; contents of notice ; limi- 
 tation of action. 
 
 10. Justice may tender amends or pay money 
 
 into court ; proceedings in such case. 
 
 11. Proof required on the part of the plaintifi". 
 
 12. If plaintiff on trial is proved guilty of the 
 
 offence of which he was convicted, and 
 has suffered no undue punishment, he 
 shall recover nominal damages and costs 
 only. 
 
 13. Cases where plaintiff on recovery of damages 
 
 shall hare full costs. 
 
 Actions against 
 justices to be ac- 
 tions on the case ; 
 allegations of ma- 
 lice, &c., necessa- 
 ry in the declara- 
 tion. 
 
 Malice, &c- when 
 need not be alle- 
 ged ; action in 
 such case wlieii 
 only Lu be 
 brought. 
 
 1. Every action against a justice of the peace for any act done 
 in the execution of his office with respect to a matter "within his 
 jurisdiction shall be an action on the case^ and it shall be expressly 
 alleged in the declaration that the act vras 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. 
 
 2, If the action be brought for an act done in a matter -where 
 he has no jurisdiction, or where he has 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 
 
TITLE xxxvil] Chap. 150. Sect. 3—9. 423 
 
 or want of reasonable and probable cause in his declaration. But 
 no action in such case shall be brought until such conviction shall 
 have been quashed, nor shall any action be brought for any thing 
 done under any warrant issued by such justice to procure the ap- 
 pearance of a party, which shall have been followed by a conviction 
 or order, until the same shall have been quashed. 
 
 3. If a warrant shall not have been followed by a conviction or cases in which ao 
 order, or if it be a warrant upon an information for an alleged in- ^aSTsm" 'jSs- 
 dictable offence, and a summons had been previously issued and "on/ under wa"^ 
 served, and the party did not appear in obedience to the summons, warrant. 
 
 in any such case no action shall be maintained against the justice 
 for any thing done under the warrant. 
 
 4. Where a conviction or order shall be made by a justice, and justice issuing a 
 a warrant of distress or commitment by some other justice in good to'anac'iiou where 
 faith and without collusion, no action shall be brought against the another justice 
 
 1 _, ' „ Tp.,^'^.. maltes an illegal 
 
 justice who granted the warrant for any detect m the conviction or conviction. 
 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. 
 
 5. Where a poor or county rate shall be made, and a warrant justice granting 
 of distress shall issue against a person rated therein, no action trras"or"a rate '°" 
 shall be brought against the iustice who granted the warrant for not iiabie for any 
 
 T '7^ I r* , • 'ft . 1^ o 1 deficiency in the 
 
 any irregularity or defect m the rate, or by reason of any such rate. 
 person not being liable to be rated. 
 
 6. Where a justice shall refuse to do any act relating to the supreme comt 
 duties of his office, the party requiring such act to be done may "cTby^Se ti'do 
 apply to the supreme court, upon affidavit of the facts, for a rule ™ act relating to 
 calling upon the justice, and also upon the party to be affected by dings in such 
 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, upon being served with the rule ab- 
 solute, shall obey the same and do the act required. No action or 
 proceeding shall be commenced or prosecuted against such justice 
 for having obeyed such rule. 
 
 7. Where a warrant of distress or of commitment shall be no action shaii be 
 granted by a justice upon a conviction or order, which either before j'Sfe^fof^J^ant''- 
 or after the granting the warrant shall have been confirmed upon me ^a "defective 
 appeal, no action shall be brought against the justice granting the conviction, &c., 
 warrant for any thing done thereunder, by reason of any defect in pea*™'''' ^^ "''" 
 such conviction or order. 
 
 8. If any action shall be brought in a case where by this chap- Actions brought 
 ter it is forbidden, a judge of the court where it is brought, upon mayVset aside. 
 application of the defendant upon afiidavit, may set aside the pro- 
 ceedings with or without costs as he shall see fit. 
 
 9. No action shall be commenced against a justice for any Month's notice to 
 thing done in the execution of his office, until one month at least befSrMttar"'"' 
 after notice in writing of such intended action shall have been de- ^^^ofl^^°^' 
 livere^ to bim or left at bis usual place of abode, by the party in- umitatioSVacl 
 
424 
 
 Chap. 150. Sect. 10—13. 
 
 [part III. 
 
 Justice may ten- 
 der amends or 
 pay money into 
 court ; procee- 
 dings in such 
 case. 
 
 Proof required on 
 tlie part of the 
 piaintUT. 
 
 If plaintiff on trial 
 is proved guilty 
 of the offence of 
 which he was 
 convicted, and 
 has suffered no 
 undue punish- 
 ment, he shall 
 recover nominal 
 damages only. 
 
 Cases where 
 plaintitr on reco- 
 
 tending to commence the action, his attorney or agent, in which 
 notice the cause of action and the court in which it is intended to 
 be brought shall be explicitly stated, and upon the back thereof 
 shall be endorsed the name and place of abode of the party inten- 
 ding to sue, and the name and place of abode or of business of the 
 attorney or agent, if the notice has been served by an attorney or 
 agent ; and the venue in every such action shall be laid in the 
 county where the act complained of was committed, and such action 
 shall be brought within six months next after the cause of action 
 shall have accrued. 
 
 10. After notice so given and before action commenced, such 
 justice may tender to the party complaining, his attorney or agent, 
 such sum of money as he may think fit as amends for the injury 
 complained of in the notice : and after action commenced, and be- 
 fore issue joined, the defendant, if he have not made a tender, or 
 in addition to the tender, may pay money into court; and the 
 tender and payment into court or either of them may be given in 
 evidence on the trial under the general issue. If the jury shall be 
 of opinion that the plaintiff is not entitled to damages beyond the 
 sum tendered or paid into court, then they shall find a verdict for 
 the defendant, and the plaintiff shall not be at liberty to elect to be 
 non-suit; and the sum so paid into court, or so much thereof as 
 shall be sufScient to satisfy the defendant's costs, shall thereupon 
 be paid out of court to him, and the residue, if any, be paid to the 
 plaintiff ; or if the plaintiff shall elect to accept the money so paid 
 into court in satisfaction of damages in the action, he may obtain a 
 judge's order for the money, and that the defendant shall pay him 
 his costs to be taxed, and thereupon the action shall be determined, 
 and the order shall be a bar to any other action for the same cause. 
 
 11. If at the trial the plaintiff shall not prove the action brought 
 within the time limited in that behalf, or that the notice was not 
 given a month before action commenced, or if he shall not prove 
 the cause of action stated in such notice, or that it arose in the 
 county laid as venue in the margin of the declaration, the plaintiff 
 shall be non-suit or the jury shall give a verdict for the defendant. 
 
 12. In all cases where the plaintiff shall be entitled to recover, 
 and he shall prove the levying or payment of any penalty or sum 
 of money under any conviction or order as part of his damages, or 
 if he prove an imprisonment thereunder, he shall not be entitled to 
 recover the amount of the penalty or sum levied or paid, or any 
 damages beyond two pence 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 pay 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. 
 
 13. If the plaintiff recover a verdict or the defendant allow 
 judgment to pass by default, the plaintiff shall recover costs as if 
 
TITLE XXXVII.] Chap. 151. Sect. 1—4. 425 
 
 this chapter had not passed. If it be stated in the declaration that very of a.nmgea 
 the act complained of was done maliciously and without reasonable costs. 
 and probable cause, the plaintifiF, if he recover a verdict for any 
 damages, or if the defendant allow judgment to pass by default, 
 shall be entitled to full costs. 
 
 CHAPTER 151. 
 
 OF THE PROTECTION OF CONSTABLES. 
 
 Bection 
 
 1. Demand of perusal and copy of warrant to 
 
 be served upon constable, &c. before ac- 
 tion brought. 
 
 2. If justice not made a party where notice 
 
 complied with defendant shall have judg- 
 
 Section 
 
 ment ; proceedings where action against 
 justice and constable. 
 
 3. Limitation of action. 
 
 4. Constable, &c. may plead the general issue, 
 
 and give the special matter in evidence. 
 
 1. Before any action shall be brought against a constable or Demand of peru- 
 other officer, or any person acting in his aid, and for any thing in warrant To'' be"^ 
 obedience to a warrant under the hand and seal of a iustice, a de- served upon 
 
 ,. .. ^ -, , -, f. 1 • 1 eonstable, &c. 
 
 mand m writing oi the perusal and copy oi such warrant, signed before action 
 by the person making the same, shall be. served upon him person- ™"^ '' 
 ally or left at his usual place of abode for the space of six days. 
 
 2. If after such demand and a compliance therewith, an action if justice not 
 be brought against such constable or other officer, or person acting when notice com- 
 in his aid, without making the justice a party thereto, on the proof 51',^ s^in ht™" 
 of such warrant upon the trial judgment shall be given for the de- i"*!"'*"',;,,'™' 
 fendant, notwithstanding any want of jurisdiction in the justice, action against 
 If the action be brought against the constable or other officer, or Sie! "'" 
 person acting in his aid jointly with the justice, then on proof of 
 
 such wai'rant, judgment shall be given for the constable other offi- 
 cer 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. 
 
 3. No action shall befbrought against a constable, or other offi- ^'"Jj"'"" "'' 
 cer or person acting in his aid, unless the same be commenced 
 
 within six months next after the cause of action shall have accrued. 
 
 4. In an action brought against a constable, or other officer or Constable, &.-. 
 person acting in his aid, for anything done in the dischai-ge of his ge'nmrissuc,1ind 
 duty of office, such constable, or other officer or person acting in f„'atte?1n evu^' 
 his aid, may plead the general issue and give the special matter in <»ence. 
 evidence. 
 
 g4 
 
426 Chap. 152. Sect. 1—4. [part hi. 
 
 CHAPTER 152. 
 
 OP THE CUSTODY AND ESTATES OF LUNATICS. 
 
 Section 
 
 1. Guardians, how appointed for insane per- 
 
 sons. 
 
 2. Allowances for expenses incurred by ward. 
 
 3. Debts and expenses, how provided for ; 
 
 powers of guardian. 
 
 4. Duty of guardian as to the ward, his fami- 
 
 ly, &c. 
 
 Section 
 
 5. Deeds of real estate to be made by guar- 
 
 dian. 
 
 6. Guardians, how removed ; new guardians> 
 
 how appointed. 
 1. Guardians to give bonds to her majesty ; 
 conditions set forth. 
 
 Guardians, how 
 appointed Tur in- 
 sane persons. 
 
 1. When the relations or friends of any insane person, or the 
 overseers of the poor of the township of which he is an inhabitant, 
 shall apply to the supreme court or a judge thereof to have a guar- 
 dian appointed for him, notice shall be given to such insane per- 
 son 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 
 ijuestion 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 have the care and custody of the person of the ward and the 
 management of his estate until legally discharged. 
 
 2. When a guardian shall be appointed for an insane person, 
 the court or judge shall make an allowance to be paid by the guar- 
 dian out of the estate of the insane person, for all reasonable ex- 
 penses incurred by the ward in defending himself against the com- 
 plaint. 
 
 3. Every guardian of an insane person shall pay all just 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, aj;id sue for and receive all 
 debts due to him, or may compound for the same and give dis- 
 charges to the debtors ; and he shall appear for and represent the 
 insane person in all legal suits and proceedings. 
 
 Duly of guardian 4. The guardian shall also manage the estate frugally and with- 
 hisiiimnyl'&c.' out waste, and apply the profits thereof, as far as may be neces- 
 sary, to such insane person's comfortable and suitable maintenance, 
 and that of his family ; and if such profits be insufficient the guar- 
 dian may sell or mortgage the real estate upon obtaining a license 
 therefor, and shall apply the proceeds, so far as may be necessary, 
 for the maintenance and support of such insane person and his fa- 
 mily. 
 
 Allowances for 
 ex|)ei]sesincm-rcd 
 liy ward. 
 
 Debts and ex- 
 ]>enses, how pro- 
 vided for ; powers 
 of guardian. 
 
TITLE xxxvii.] CiiAp. 152. Sect. 5—7. 427 
 
 5. On a sale taking place under a license to sell the real estate Deeds ..r reai es- 
 
 p. iTiTi -1 PI ^^^e to ne made 
 
 ot an insane person, the guardian shall execute m the name ot the by gaaniian. 
 insane person a deed thereof, -which shall convey the same to the 
 purchaser either absolutely or by way of mortgage as therein spe- 
 cified, in the same way as if executed by himself when of sound 
 mind. 
 
 6. When any guardian so appointed shall remove from the ouaidians, how 
 province, or become insane or otherwise incapable of discharging guardians', huw 
 his trust or evidently unsuitable therefor, the supreme court or a "l'•'"'""^■''■ 
 judge thereof, after notice to such guardian, if resident in the pro- 
 vince, and to all others interested, may remove him ; and every 
 guardian may, upon his request, be allowed to resign his trust, 
 
 when it shall appear to the court or a judge proper to allow the 
 same ; and upon every such resignation or removal, and also upon 
 the death of any guardian, the court or a judge may appoint ano- 
 ther in his stead. 
 
 7. Every guardian shall give bond with sureties to her majesty, ouavdianstogive 
 with the following conditions : jesty ; condiuons 
 
 First. — To make a true inventory of all the real estate, and all ^'^' ''"*■ 
 the goods, chattels, rights and credits of the insane person that 
 shall come to his knowledge, and to return the same into the su- 
 preme court at such time as the judge shall order. 
 
 Secondly. — To dispose of and manage all such estate and effects 
 according to law, and for the best interests of the insane person, 
 and faithfully to discharge his trust in relation thereto. 
 
 Thirdly. — To render an account on oath of the property in his 
 hands, including the proceeds of all real estate sold by him, and of 
 the management and disposition of all such property, within one 
 year after his appointment, and at such other times as the 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 repre- 
 sentatives, and to pay over and deUver all the estates and effects 
 remaining in his hands or due from him on such settlement to the 
 person lawfully entitled thereto. 
 
428 
 
 Chap. 153. Sect. 1—2. 
 
 [part III. 
 
 TITLE XXXVTIl. 
 
 CHAPTER 153. 
 
 OF THE LIMITATION OF ACTIONS. 
 
 Section 
 
 1. Actions which require to be brought within 
 
 six years. 
 
 2. A promise to take a case out of the statute 
 
 must be in writing ; joint contractors, co- 
 executors, &c. how affected by promise of 
 several contractor, co-executor, &c. 
 3 Issue on plea in abatement for non-joinder 
 under this chapter, how found. 
 
 4. Endorsements by payee not evidence. 
 
 5. Set-off due on simple contract within the 
 
 statute. 
 
 6. A promise after full age to pay a debt con- 
 
 tracted wliile a minor must be in writing- 
 
 7. Provisions of the last five sections limited 
 
 to actions commenced after the 1st April, 
 1853. 
 
 Section 
 
 8. In case of mutual accounts accruing of the 
 
 cause, how computed. 
 
 9. Actions which require to be brought within 
 
 one year. 
 
 10. Actions against minors, married women 
 
 persons insane, impnsoned or out of the 
 province, within what time to be brought. 
 
 11. When judgment reversed or arrested, with- 
 
 in what time action may be brought. 
 
 12. Entry upon and action for lands to be within 
 
 twenty years. 
 
 13. Minors and persona under disabilities, with- 
 
 in what time allowed to bring actions. 
 
 14. Actions and claims of her majesty limited 
 
 to sixty years. 
 
 Actions which re^ 
 quire to be 
 brought within 
 six years. 
 
 A promise to take 
 a case out of the 
 statute must be in 
 writing ; joint 
 contractors, co- 
 executors, Hcc. 
 hnw affected by 
 promise of S''ve 
 
 1. No action of assumpsit, trespass, quare clausum fregit^ 
 detinue, trover, replevin, debt grounded upon any lending or con- 
 tract without specially or for rent, account, or upon the case shall 
 be brought but within six years next after the cause of action. 
 
 2. In actions grounded upon any simple contract, no acknow- 
 ledgment or promise, by words only, shall be deemed 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 thereof, unless such acknowledgment or pro- 
 
 Slc^iS^ lie!' ^°' i^^se shall be in some writing signed by the party chargeable 
 thereby ; and where there shall be two or more joint contractors 
 or executors or administrators of any such contractor, no such 
 joint contractor, executor or administrator, shall lose the benefit of 
 the preceding section by reason only of any written acknowledg- 
 ment or promise made or signed by any other of them. But 
 nothing herein contained shall alter or take away, or lessen the 
 effect 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 contrac- 
 tors, or executors or administrators, shall nevertheless be entitled 
 to recover against any other of the defendants, by virtue of a new 
 
Iiayee not evi- 
 dence. 
 
 TITLE XXXVIII.] Chap. 153, Sect. 3—12. 429 
 
 acknowledgment or promise or otherwise, judgment may be given 
 and costs allowed for the plaintiff, as to such defendant against 
 whom he shall recover, and for the other defendants against the 
 plaintiff. 
 
 3. If any defendant in any action on any simple contract, shall issue on piea in 
 
 T T V X. ' libfliteinen t tor 
 
 plead any matter in abatement, to the effect that any other person non-joinder under 
 ought to be jointly sued, and issue be joined on that plea, and it ^1^3.'""''"'' '""' 
 shall appear at the trial, that the action could not by reason of this 
 chapter be maintained against the other person named in such plea, 
 the issue joined in such plea shall be found against the party 
 pleading the same. 
 
 4. No endorsement or memorandum of any payment, written Endorsements i.y 
 
 or made upon any promissory note, bill of exchange or other ' 
 
 writing, by or on behalf of the party to whom such payment shall 
 be made, shall be deemed sufficient proof of such payment, so as 
 to take the case out of the operation thereof 
 
 5. This chapter shall apply to the case of any debt on simple ^?t-off <iue on 
 contract, alleged by way of set off on the part of any defendant, within tiie sla- 
 either by plea, notice or otherwise. '"''*■ 
 
 6. ISTo action shall be maintained whereby to charge any person a promise after 
 upon any promise made after full age to pay any debt contracted d%t «>nti°acied '^ 
 during infancy, or upon any ratification after full age of any promise JJ^'^gj ^% j™'™}^ 
 or simple contract made during infancy, unless such promise or "is- 
 ratification shall be made by some writing signed by the party 
 
 to be charged therewith. 
 
 7. The provisions of the last five sections shall not apply as Provisions of nie 
 agamst either the plamtitt or deiendant m any action commenced limited to actions 
 before the first day of April one thousand eight hundred and fifty iTArriifisoa""" 
 three. 
 
 8. In an action to recover a balance due upon a mutual open in case of mutual 
 
 , , ,1 ,1 1 1 . Ill accounts accru- 
 
 and current account, where there nave been reciprocal demands tng ot tiie cause, 
 between the parties, the cause of action shall be deemed hereafter ''°* '=»™i™"='^- 
 to accrue from the time of the last item proved in the account 
 claimed or proved to be chargeable on the adverse side. 
 
 9. No action of trespass for assault, battery, wounding or Actions which re- 
 imprisonment, and no action on the case for words, and no action broul-h" w^ithin 
 or prosecution for taking illegal interest, shall be commenced but """^ ^^'"' 
 within one year next after the cause of action, or after the offence 
 
 was committed. 
 
 10. Actions by or against minors, married women, persons Actions against; 
 insane, imprisoned or out of the Province, may be commenced wJmen, ^rson" 
 within the like period after the removal of the disability, as is s"ned?or"St'of 
 allowed for bringing the action in ordinary cases. the province, 
 
 11. If in any action judgment be given for the plaintiff, and to be brought.' 
 the same be reversed by error, or if judgment be arrested after '^hen judgment 
 
 " . , , , . .^ ' JO. reversed or ar- 
 
 verdict, then the plamtifl may commence a new action within one rested, within 
 year after such judgment reversed or arrested. mayVe brought"" 
 
 12. No entry into any lands shall be made, or action therefor Entry upon and 
 brought, but within twenty years after the right descended, or ZX" within'" 
 cause of action accrued. ""'^"'y y^"™- 
 
430 
 
 Chap. 154. Sect. 1—2. 
 
 [part III. 
 
 jMinors and per- 
 sons under disa- 
 bilities, within 
 wlmt time allowed 
 to bring actions. 
 
 Actions and 
 claims of lier ma- 
 jesty limited to 
 sixty years. 
 
 13. MinorSj married women, persons insanCj imprisoned or out 
 of the province, being and continuing under such disability, may 
 make such entry or bring such action within ten years after the 
 removal thereof. But no such action shall be brought or entry 
 made but within forty years after the right or action shall have 
 descended or accrued. 
 
 14. No claim for lands or rent shall be made by her majesty, 
 but within sixty years after the right of action to recover such 
 lands or rent shall have accrued. 
 
 TITLE XXXIX. 
 
 CHAPTER 154. 
 
 OF COSTS AND FEES. 
 
 Section 
 
 1. Fees to be as in this chapter prescribed. 
 
 2. Penalty for taking excessive fees. 
 
 3. Actions for penalties, where to be brought, 
 
 their limitation. 
 
 Fees payable at the provincial secretary's 
 office. 
 
 SUPREME COURT. 
 
 Prothonotary's fees. 
 Commissioner's fees. 
 Attorney's fees. 
 Counsel's fees. 
 Sheriff's fees. 
 Appraiser's fees. 
 Juror's fees. 
 Witnesses fees. 
 Crier's fees. 
 Constable's fees. 
 
 Coroner's fees. 
 
 COURT OP CHANCEBT. 
 
 Chancellor's fees. 
 Counsel and solicitors' fees. 
 Master's fees. 
 Registrar's fees. 
 
 Arbitrator's fees, under rule of court. 
 
 Fees to be as in 
 this chapter pre- 
 scribed. 
 Penalty for ta- 
 king excessive 
 fees. 
 
 Section 
 
 court op marriage akd divorce. 
 Governor, vice president, and judge's fees. 
 Advocate and proctor's fees. 
 Begistrar's fees. 
 
 Commissioner's fees on examination of wit 
 nesses. _ 
 
 PROBATE COURT. 
 
 Judge's fees. 
 
 Registrar's fees. 
 
 Proctor and advocate's fees. 
 
 Sheriff or other ministex'ial officer's fees. 
 
 Appraiser's fees. 
 
 MAGISTRATES COURT. 
 
 Justice's fees. 
 Constable's fees. 
 Witness's fees. 
 Juror's fees. 
 
 Jailer's fees. 
 
 BASTARDY C^ES. 
 
 Justice's fees. 
 Constable's fees. 
 
 Registrar of Deed's fees. 
 
 DISTRESS FOR RENT. 
 
 Fees for necessary services. 
 
 1. Fees for the services mentioned in the schedule to this chap- 
 ter shall be as therein prescribed. 
 
 2. Any person taking greater fees shall, for each offence, forfeit 
 to the party aggrieved ten pounds, which sum with such excessive 
 fees, may be recovered by him in an action of debt. 
 
TITLE xxsix.] Chap. 154. Sect. 3. 
 
 431 
 
 3. Actions for such forfeitures shall be brought in the county Actions for penai- 
 where the offence was committed, and within six months next after "^i^ht'thoh. lu 
 the date of such offence. mitauou. 
 
 the provincial se- 
 cretary's office. 
 
 SCHEDULE. 
 
 Fees to be taken at the jjrovhickd secretary's office, and faid Fees payable at 
 
 into the treasury. 
 
 Certificate under the governor's hand and seal, £ 1 10 
 
 If under the great seal, additional, 16 8 
 
 Marriage license and bond, 10 
 Commissions, viz : 
 
 Judges of supreme court, 5 16 8 
 Judges and registrars of probate, each, 2 6 8 
 Sheriffs, 2 6 8 
 Coroners, 2 6 8 
 Notaries public, 2 6 8 
 Fish inspectors, 2 6 8 
 Health ofEcers, 1 10 
 Collectors of colonial revenue, 2 6 8 
 Justices of the peace, 10 
 Copies of grants, proceedings in council, or other pa- 
 pers in the secretary's office, per folio, (> 
 Every search, the same fee as for searches at the regis- 
 try of deeds. 
 Certificates of discharge of seamen, 5 
 Other fees as authorized by the several chapters of the 
 revised statutes. 
 
 SUPREME COURT. 
 
 Prothonotarif s fees. 
 
 Entering action, filing oath, warrant and pra3cipe. 
 
 Sealing and signing every writ, execution, or other 
 process, 
 
 Filing every writ and entering return, 
 
 Filing declaration and all other pleadings. 
 
 Entering appearance. 
 
 Entering and filing every rule of court. 
 
 Copy of eyery rule when given by prothonotary. 
 
 For drawing and striking a special jury, and for copies 
 of the lists furnished to the respective parties, and 
 all other services connected therewith. 
 
 Swearing and impannelling jury, 
 
 Swearing each witness or constable. 
 
 Taking and entering verdict. 
 
 Entering judgment. 
 
 The prothonotary at Halifax for the entry of a judg- 
 ment not belonging to the supreme court at Halifax, 
 and for the transcript thereof. 
 
 Filing retraxit or discontinuance. 
 
 
 
 Supreme court. 
 
 
 
 2 
 
 .:» ProthoDotary's 
 " fees. 
 
 
 
 1 
 
 
 
 
 
 
 
 6 
 
 
 
 
 
 6 
 
 
 
 1 
 
 6 
 
 
 
 
 
 6 
 
 
 
 
 
 6 
 
 
 
 10 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 6 
 
 
 
 1 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 6 
 
 
 
 
 
 6 
 
Chap. 154. 
 
 [part III. 
 
 Copies of all records or pleadings, per folio, 
 
 Every exhibit in a cause filed in court. 
 
 Taking affidavit in court. 
 
 Filing affidavit. 
 
 Searching the records, 
 
 Entering every default, 
 
 Entry of confession, lease, entry and ouster. 
 
 Taking and filing special bail piece. 
 
 Drawing and taking every recognizance, 
 
 Entering every non-suit. 
 
 Sealing and signing subpoena. 
 
 Continuance of every cause. 
 
 Filing the roll in every cause, 
 
 Taxing every bill of costs. 
 
 In summary suits, signing and sealing -writs. 
 
 For all other services, including 
 final judgment Avhere not tried 
 
 fcy a jury> 
 For every alias, summary writ and 
 praecipe. 
 In sub-summary suits, signing and sealing writ, 
 " " " judgment, 
 
 " " every subpsena or ticket, 
 
 No commission shall be allowed or deducted from mo- 
 ney paid into court under any rule or plea. 
 
 ^0 
 
 
 
 6 
 
 
 
 
 
 4 
 
 
 
 1 
 
 
 
 
 
 
 
 6 
 
 
 
 
 
 6 
 
 
 
 
 
 6 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 6 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 2 
 
 6 
 
 2 6 
 
 
 
 2 
 
 
 
 
 
 1 
 
 
 
 
 
 1 
 
 6 
 
 
 
 
 
 6 
 
 Commissioner's 
 feus. 
 
 Attorney'd fet 
 
 Commissioners : 
 
 For administering oath and marking writ, 
 Taking recognizance of bail or bail piece, 
 Taking depositions of witnesses each witness, 
 
 and for taking deposition per foliOj 
 Travelling fees when necessary, 3d. per mile. 
 
 Attorney'' s fees. 
 
 For writ, precipe, affidavit and declaration, in all 
 
 summary cases. 
 For all other proceedings in summary or appeal causes, 
 
 until final judgment. 
 Retaining fee in each cause above £20, 
 Drawing affidavit of debt. 
 Every writ, summons or other original process. 
 Term fee. 
 
 Every declaration not containing more than three folios, 
 Copies for filing and service, each, 
 Every common plea, replication or rejoinder. 
 Copies for service and filing, each, 
 Drawing every special declaration, plea, replication, 
 
 rejoinder or other necessary pleadings, each folio. 
 Copies to file and serve, every folio, 
 
 2 
 
 5 
 
 5 
 
 
 
 11 8 
 
 
 
 15 
 
 10 
 
 
 
 10 
 
 
 
 
 
 1 
 
 6 
 
 
 
 f- 
 
 
 
 
 
 
 
 6 
 
 
 
 
 
 5 
 
 
 
 
 
 2 
 
 6 
 
 
 
 1 
 
 
 
 
 
 
 
 9 
 
 
 
 1 
 
 
 
 
 
 
 
 6 
 
TITLE XXXIX.] 
 
 Chap. 154. 
 
 433 
 
 Brief and copies not less than 7s. 6d. nor more than 
 £5, to be taxed by the court. 
 
 Notice of trial, copy and service, 
 
 Notice of taxing costs, 
 
 Drawing notice of exceptions to bail copy and service, 
 
 Every continuance, 
 
 Every discontinuance or retraxit. 
 
 Attending ballotting or striking special jury, 
 
 Attending taking every inquisition before sheriff, 
 
 Making bill of costs, 
 
 Attending to get same taxed. 
 
 Arguing a demurrer, special verdict, motion for a new 
 trial, or other special motion. 
 
 Trial fee. 
 
 Drawing common rule in ejectment, 
 
 Copy, 
 
 All other rules and copies, each, 
 
 Every subpoena. 
 
 Every ticket and service. 
 
 Travel per mile for service the same as to sheriff. 
 
 Attending the examination of every witness, taken 
 before a judge or commissioner. 
 
 Every execution, habeas corpus, writ of error, and 
 writ of inquiry, each, 
 
 Making up issue per folio, 
 
 Copy for filing per folio. 
 
 Making up record per folio, 
 
 Engrossing the same per folio, 
 
 All other drafting necessary to be done by an attor- 
 ney in the conducting of a cause per folio. 
 
 All necessary engrossing per folio, 
 
 lu sub-summary suits as follows : 
 Writ, 
 
 Trial and judgment. 
 Subpoena and tickets, each, 
 Execution, 
 
 CounseVs fees. 
 
 In summary, sub-summary, or appeal causes, when 
 trial had before a jury, to be taxed by the court, 
 not to exceed three pounds and ten shillings. 
 
 In all other causes tried by a jury, to be paid by the 
 party against whom a verdict or non-suit on trial 
 shall pass, not to exceed five pounds. 
 
 Sheriff's fees. 
 
 Serving summons and making return thereof, 
 Serving every other writ of mesne process or scire 
 facias, and making return thereof, 
 55 
 
 £0 
 
 3 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 3 
 
 6 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 10 
 
 
 
 
 
 10 
 
 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 10 
 
 
 
 1 
 
 
 
 
 
 
 
 3 
 
 
 
 
 
 2 
 
 
 
 
 
 1 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 6 
 
 11 8 
 
 
 
 6 
 
 
 
 
 
 
 
 6 
 
 
 
 
 
 6 
 
 
 
 
 
 6 
 
 
 
 
 
 6 
 
 
 
 1 
 
 
 
 
 
 
 
 6 
 
 
 
 5 
 
 
 
 
 
 4 
 
 
 
 
 
 1 
 
 
 
 
 
 2 
 
 6 
 
 Counsel's fees. 
 
 Sheriff's fees. 
 
 3 6 
 5 
 
434 Chap. 154. [part m. 
 
 Serving every execution and making return thereof, £ 5 
 
 Returning every execution where the same has not 
 
 been served, 16 
 
 Serving every writ of possession and making return 
 
 thereof, 15 
 
 Travel per mile from the place of residence of the 
 
 sheriff to the place where he shall serve a writ, 3 
 
 One penny per mile from the place of residence of the 
 sheriff to the court-house where the writ is return- 
 able, provided the same be out of the county and 
 also provided the writ be actually served. 
 
 Every bail bond,. 3 
 
 Summoning a jury in each cause, 2 6 
 
 Executing writ of inquiry, summoning jury, and 
 
 making return, 10 
 
 Returning every special jury, 15 
 
 On execution or attachment where a sale shall take 
 place extended on personal property, sale and pay- 
 ment of the money to the party or his attorney, 
 as follows : 
 
 For any sum not exceeding ,£50, one shilling in the 
 pound. 
 
 From £50 to £100, nine pence in the pound. 
 
 For all above £100, six pence in the pound. 
 
 In cases where there shall be no sale, one half the above 
 fees on payment of the money. 
 
 For making inventory of goods attached, such reason- 
 able fees as shall be taxed by the court out of which 
 the writ shall have issued. 
 
 For certifying copy of attachment levied on real est ate 
 and making and delivery to the registrar of deeds 
 copy of the appraisement of the real estate, 5 
 
 On the sale of all real estate, whether by virtue of an 
 execution or attachment, or by virtue of any rule or 
 order, and payment of the proceeds to the party or 
 his attorney, six pence in the pound. 
 
 Every deed, 10 
 
 Bringing up prisoner by habeas corpus, 5 
 
 Attending prisoner beforejudge on any special occasion, 3 6 
 
 For every member returned duly elected to serve in 
 general assembly, to be paid out of the treasury in 
 lieu of all other expenses chargeable upon the trea- 
 sury, 1 10 
 
 For summoning the grand and petit juries, a sum not 
 exceeding £5 if allowed by the grand jury and ap- 
 proved by the sessions. 
 
 Appraiser's fees. Appraiser^ s fees. 
 
 For appraising goods or real estate taken under at- 
 tachment, each appraiser, 2 6 
 
TITLE XXXIX.] Chap. 154. 
 
 When property is extensive and complicated; for eacli 
 day actually employed, each appraiser, 
 
 Jurors' fees. 
 
 On verdict in summai-y or appeal causes, or on assess- 
 ment of damages against absent or absconding debt- 
 ors, each juror. 
 On verdict in all other civil causes, each, 
 On verdict in Halifax, each special juror. 
 Fees of jurors attending on a view to be taxed at the 
 
 discretion of the court. 
 In all cases of non-suits jurors shall be paid half fees. 
 
 Wiltiesses' fees. 
 
 For attendance, per day. 
 
 Travel per mile, coming and going, 
 
 To be the same in every court. 
 
 Crier's fees. 
 
 For every default or non-suit, 
 " calling jury in each cause, 
 " every verdict, 
 " swearing every witness, 
 " discharging a party by proclamation, 
 
 Constable's fees in supreme court. 
 
 Attending jury in each cause. 
 Serving every warrant or summons. 
 Summoning a jury by warrant from coroner, and at- 
 tendance per day, 
 Travel per mile the same as sheriff. 
 
 Coroner'' s fees. 
 
 For every inquisition, including 12s. for fees of jury 
 and 2s. 6d. for fee of constable, to be paid by the 
 province. 
 
 Any extraordinary and necessary expense attending 
 the inquest or burial of a deceased person, if appro- 
 ved of by the grand jury and court of sessions, to 
 be a county charge. 
 
 The same fees as a sheriff in cases where he discharges 
 the duty of a sheriff. 
 
 CHANCERY. 
 
 Clmncellor's fees. 
 
 Every hearing of a cause, each day. 
 Pronouncing decree signing and sealing the same. 
 
 435 
 
 ^0 3 6 
 
 
 
 
 
 
 
 
 
 
 1 
 
 2 
 5 
 
 Jui'ors' fees. 
 
 Witnesses' fees. 
 
 Crier's fees. 
 
 Constable's fees. 
 
 
 
 
 2 6 
 
 Coroner's fees. 
 
 2 10 
 
 Court of chan- 
 cery. 
 
 ChaHcellor's fees. 
 
 ■1 
 
 2 6 8 
 
436 
 
 Chap. 154. 
 
 [PAET III. 
 
 Counsel and soli- 
 citor'B fees. 
 
 Master's fees. 
 
 Rc"i5Lrai-'3 fees. 
 
 Counsel and solicitor's fees. 
 
 Retaining fee for counsel, 
 
 Making draft of bill or answer, per folio, 
 
 Engrossing the same, per folio, 
 
 Entering an appearance in each cause, 
 
 Every subpoena, injunction, or other writ, 
 
 Copies for service, each. 
 
 Drawing affidavit of service of subpoena, injunction, 
 
 or master's report, 
 Every petition necessary in the conducting of a cause, 
 Counsel fee for making or defending every special 
 
 motion to be taxed, not to exceed 
 Drawing brief in every cause, per folio. 
 Drafting replications and all other pleadings in a 
 
 cause, per folio. 
 Engrossing the same, per folio, 
 Counsel fee for examining and signing each pleading. 
 Drafting interrogatories, per folio. 
 Engrossing interrogatories, per folio. 
 Counsel fee on the trial of a cause to be taxed, not to 
 
 exceed 
 Making up bill of costs. 
 For serving every subpoena or other writ, or master's 
 
 report, 
 Travel actually performed from the residence of the 
 
 person making the service to the place of service, 
 
 per mile, 
 Drafting decree, per folio, 
 Engrossing decree, per foho. 
 Attending registrar to compare decree before signing 
 
 and sealing, 
 Every necessary attendance upon the master, each day, 
 
 Master's fees. 
 Every hearing, each day. 
 Examining each witness, 
 Taking depositions and copies, each folio, 
 References on which a special report shall be made, 
 
 and making report, not exceeding six folios, 
 Eor every folio beyond 6 folios, per folio. 
 References for taxing costs. 
 Attending each sale and receiving and paying over 
 
 the amount in lieu of all poundage. 
 Drawing and executing deed. 
 For administering an oath and signing jurat. 
 All necessary travel, going and retuining. per mile. 
 
 Registrar s fees. 
 Copies of all papers, per folio, 
 For drawing and signing every rule or order, per folio. 
 
 £0 10 
 1 
 
 3 
 5 
 1 
 
 
 
 6 
 4 
 
 6 
 
 2 
 3 
 
 
 4 
 
 11 
 1 
 
 8 
 
 
 1 
 
 11 
 1 
 
 
 
 6 
 8 
 
 6 
 
 3 10 
 3 
 
 
 4 
 
 
 
 
 
 3 
 
 
 
 
 
 6 
 
 
 
 
 
 6 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 5 
 
 
 
 
 
 
 
 6 
 
 
 
 11 
 
 8 
 
 
 
 1 
 
 
 
 
 
 7 
 
 6 
 
 1 
 
 3 
 
 4 
 
 1 
 
 3 
 
 4 
 
 
 
 1 
 
 6 
 
 
 
 
 
 3 
 
 
 
 
 
 6 
 
 
 
 1 
 
 
 
TITLE XXSIX.] 
 
 Chap. 154. 
 
 437 
 
 Every necessary copy thereof, per folio, £ 
 
 Ssaling every writ, including order therefor, fihng 
 
 praecipe and certifying copies. 
 Every search, 
 
 Entering and filing every bill. 
 Entering and filing every answer, plea, replication or 
 
 demurrer, 
 Filing all other papers, each paper. 
 Attending every final or special hearing in a cause, 
 
 each day, 
 Setting down every cause for a motion therein, 
 Making up final decree, enrolhng and getting the 
 
 same sealed. 
 
 Fees of all advertising to be allowed and taxed by the 
 court. 
 
 Arbitrator^ s fees under a rule of court. 
 Reasonable fees to be taxed. 
 
 COUET OF MARRIAGE AXD DIVORCE. 
 
 For the governor, vice president and judges, for each 
 day they shall actually attend, each. 
 
 Advocate and proctor^ s fees. 
 
 Retaining fee for counsel, 
 
 Proxy, 
 
 Draft of libel or other pleading, per folio, 
 
 Engrossing same, per foho. 
 
 Entering appearance, 
 
 Every subpoena, citation or other writ. 
 
 Copies for service, each, 
 
 Drawing aiEdavit of service of subpoena, citation, or 
 other process or proceeding. 
 
 Every petition necessary in conducting a cause. 
 
 Every order. 
 
 Counsel fee on making or defending every special mo- 
 tion, not to exceed 
 
 Drawing brief in every cause, per folio. 
 
 Counsel fee for examining and signing each pleading. 
 
 Draft of interrogatories, per folio. 
 
 Engrossing ditto. 
 
 Counsel fee on hearing or argument, not to exceed 
 
 Making up bill of costs, 
 
 Serving every subpoena, or other writ or order. 
 
 Travel per mile from the residence of the party 
 making service to the place of service, 
 
 Every necessary attendance on the registrar. 
 
 Draft of decree, per folio, 
 
 Engrossing do. 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 1 
 
 
 
 
 
 2 
 
 
 
 
 
 1 
 
 6 
 
 
 
 
 
 6 
 
 
 
 5 
 
 
 
 
 
 1 
 
 
 
 6 8 
 
 
 
 
 Arbitrator's fees, 
 
 
 
 
 under rule of 
 
 
 
 
 court. 
 
 
 
 
 Court of marriage 
 and divorce. 
 
 
 
 
 Governor, vice 
 
 1 
 
 
 
 
 
 president, and 
 judge's fees. 
 
 Advocate and 
 
 1 
 
 3 
 
 4 
 
 proctor's fees. 
 
 
 
 6 
 
 8 
 
 
 
 
 1 
 
 
 
 
 
 
 
 
 6 
 
 
 
 
 3 
 
 4 
 
 
 
 
 5 
 
 
 
 
 
 
 1 
 
 6 
 
 
 
 
 2 
 
 
 
 
 
 
 3 
 
 4 
 
 
 
 
 3 
 
 4 
 
 
 1 
 
 3 
 
 4 
 
 
 
 
 1 
 
 
 
 
 
 
 11 
 
 8 
 
 
 
 
 1 
 
 
 
 
 
 
 
 
 6 
 
 
 3 
 
 10 
 
 
 
 
 
 
 3 
 
 4 
 
 
 
 
 3 
 
 6 
 
 
 
 
 
 
 3 
 
 
 
 
 G 
 
 8 
 
 
 
 
 
 
 6 
 
 
 
 
 
 
 6 
 
 
438 
 
 Chap. 154. 
 
 [PABT III. 
 
 Registrar's (ees. 
 
 Coramissioner's 
 fees. 
 
 Registrar'' s fees. 
 Entering and filing every bill, 
 Entering and filing every other pleading, 
 Filing all other papers, each, 
 
 Signing and sealing every -writ, and certifying copies, 
 Every search, 
 
 Copies of all papers, per folio, 
 DraAving and signing every rule or order, 
 Every necessary attendance on the vice-president, 
 Every court day. 
 On procuring signature of final decree, 
 
 By commissioners on examination of witnesses. For 
 taking the examination of every witness, each com- 
 missioner per day, 
 
 ^0 
 
 2 
 
 
 
 
 
 1 
 
 6 
 
 
 
 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 1 
 
 
 
 
 
 
 
 6 
 
 
 
 1 
 
 
 
 
 
 5 
 
 
 
 
 
 5 
 
 
 
 
 
 6 
 
 8 
 
 13 4 
 
 Probate court. 
 
 Judge's fees. 
 
 PROBATE COURT. 
 
 Judge's fees. 
 
 Where the estate does not exceed ,£100 and there is 
 no contest, in full of all fees, 
 
 Where the estate does not exceed ^200 and there is 
 no contest, in full of all fees, 
 
 Every citation including order for the same. 
 
 Every order not herein specially provided for, 
 
 For the probate of a will or letters of administration 
 where the estate does not exceed ,£200, and order 
 for the same, 
 
 Ditto ditto when above £200 and not exceeding 
 £1000, and order. 
 
 Ditto ditto when above .£1000, and order. 
 
 For warrant of appraisement and order for the same. 
 
 For every subpoena, attachment, execution, or other 
 process not otherwise provided for, including order 
 for the same. 
 
 Letters ad colligendum, 
 
 Sentence or decree in ordinary cases of granting li- 
 censes to sell, mortgage or lease real estate, passing 
 accounts of distribution, &c., 
 
 Sentence or decree for probate of a will or codicil, let- 
 ters of administration, on granting license to sell, 
 mortgage or lease real estate, passing accounts of 
 distribution, &c.. where there is a contest. 
 
 Transmitting appeal with statement of decision, 
 
 Taking testimony in writing where there is a contest, 
 per folio. 
 
 Warrant to appraise or divide real estate, on petition 
 of parties, 
 
 Dedi/nius jmtestaium to take deposition of witnesses 
 and order therefor, 
 
 10 
 
 1 10 
 
 2 
 
 2 
 
 16 8 
 
 10 
 
 2 6 8 
 
 2 6 
 
 10 
 10 
 
 10 
 
 1 10 
 
 
 
 1 3 
 
 4 
 
 1 
 
 
 
 5 
 
 
 
 5 
 
 
 
TITLE XXXIX.] 
 
 Chap. 154. 
 
 439 
 
 Appointing and allowing guardians to minors, and 
 
 order therefor, , £ 15 
 
 Every oath administered by him, 10 
 
 Examining and taxing costs, 2 6 
 
 Registrar^ s fees. 
 
 Where the estate does not exceed ^£100 and there is 
 
 no contest, in full of all fees, 
 Where the estate does not exceed £200 and there is 
 
 no contest, in full of all fees. 
 For filing every paper. 
 Probate of will and letters of administration and 
 
 entry of order therefor, where the estate is under 
 
 £200, 
 Where estate is above £200 and does not exceed 
 
 £1000, and entry of order. 
 Where estate is above £1000, and entry of order 
 
 therefor, 
 Letters of guardianship or ad colligendum, and entry 
 
 of order, 
 Copy of will and probate per folio. 
 For preparing bond in all necessary cases, 
 Preparing citation and seal. 
 Each copy thereof, 
 Preparing necessary affidavits, each. 
 Filing every warrant and seal, 
 
 " every certificate of licence to sell real estate. 
 For all copies of papers, per folio, 
 For every certificate and dedimtis potestatem, 
 For entry of every decree in registry book, and of 
 
 every order not specially provided for, per folio. 
 Every search or inspection of documents, 
 Preparing subpoena and seal, 
 Filing each ticket for the same. 
 Filing every caveat or appeal. 
 
 Preparing every execution, attachment, or other pro- 
 cess not specially provided for, and entry of order 
 
 therefor, 
 Filing every decree. 
 Every oath administered by him. 
 Taxing costs, 
 
 Proctor and advocate! s fees. 
 
 Taking instructions for client to commence or defend 
 
 proceedings in probate court, 
 Preparing every petition, 
 Preparing every allegation or other paper necessary to 
 
 be prepared by him, per folio. 
 
 Registi-ar'9 fees. 
 
 10 
 
 1 10 
 4 
 
 16 8 
 
 10 
 
 2 6 8 
 
 10 
 
 
 
 
 
 6 
 
 4 
 
 
 
 2 
 
 
 
 1 
 
 
 
 1 
 
 
 
 2 
 
 6 
 
 5 
 
 
 
 
 
 6 
 
 5 
 
 
 
 
 
 6 
 
 1 
 
 
 
 2 
 
 
 
 
 
 6 
 
 2 
 
 
 
 2 
 
 
 
 10 
 
 
 
 1 
 
 
 
 2 
 
 6 
 
 
 Proctor and advo- 
 
 
 cate's fees. 
 
 10 
 
 
 
 3 
 
 4 
 
 10 
 
440 
 
 Chap. 154. 
 
 [part III. 
 
 Shei-iff or other 
 ministerial ofS- 
 cer's fees. 
 
 Every additional copy thereof, per folio, £ 
 
 Every necessary attendance on judge, 6 
 
 Every hearing or argum^t before the judge, not less 
 
 than half a guinea nor more than two guineas, at 
 
 the discretion of the judge. 
 Serving every notice or other paper, on each person. 
 
 Sheriff or other ministerial officer' s fees. 
 
 Serving citation or other process, (subpoena excepted), 
 
 on each person. 
 Posting up same in three public places directed by 
 
 the judge, 5 
 
 Serving subpoena on each person, 1 
 
 Travelling fees same as in supreme court. 
 
 10 
 
 2 6 
 
 JSppralser's fees. 
 
 Appraiser' s fees. 
 
 Por appraising the estate of a deceased person not to 
 exceed, for each day they shall be actually employed, 
 
 10 
 
 Magistrate's 
 court. 
 
 Justice's fees. 
 
 Constable's fees. 
 
 JVIAGISTRATE'S COURT. 
 
 Justice's fees. 
 
 Each summons or capais, and copies thereof, 
 
 AiRdavit for a capias and swearing. 
 
 Subpoena and tickets. 
 
 Trials and judgment in all causes. 
 
 Venire, 
 
 Returning papers on appeal to supreme court, 
 
 Each execution. 
 
 Affidavit of service of summons when required and 
 
 swearing. 
 Affidavit on appeal and swearing. 
 Appeal bond, 
 
 All fees taken in any suit wherein the services and 
 presence of two justices are required as well as for the 
 execution therein, except for returning the papers on 
 appeal, to be divided between the two justices acting 
 therein as follows — two thirds to the justice first ap- 
 plied to, and the remaining third to the other. 
 
 Constable's fees. 
 
 Serving summons and making return. 
 Serving capias and making return, 
 Bail bond. 
 Summoning a jury. 
 
 Summoning each additional juror where there are not 
 sufficient bye-standers, 
 
 
 
 2 
 
 
 
 
 
 
 
 6 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 6 
 
 
 
 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 1 
 
 
 
 1 
 
 
 
 1 
 
 
 
 1 
 
 3 
 
TITLE XXXIX.] 
 
 Chap. 154. 
 
 441 
 
 Serving subpoena, each witness. 
 
 Serving execution, 
 
 Poundage on execution on sale of goods, 
 
 Poundage on execution -where the amount is paid in 
 money, for each pound, 
 
 All travelling to be computed from residence of jus- 
 tice to residence of defendant on summons, capias or 
 execution, and from residence of officer to residence 
 of vritness on subpoena, each mile -where necessarily 
 done. 
 
 In cases of execution levied on the body, travelling to 
 be computed from residence of officer to that of de- 
 fendant and thence to place of confinement, each 
 mile. 
 
 Witnesses^ fees. 
 
 Each day in actual attendance. 
 
 All travelling to be computed from the residence of 
 
 the witness to the place of trial and thence back 
 
 again, per mile. 
 
 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 atten- 
 dance 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. 
 
 
 
 6 
 
 
 
 1 
 
 
 
 6 
 
 3 
 
 3 
 
 3 
 
 Witnesses' fees. 
 
 2 6 
 
 3 
 
 Jw'or's fees. 
 Each juror on every trial, 10 
 
 Fees of jailer or keeper of lock-up-house. 
 
 For every person committed to jail, 2 6 
 
 For every person discharged therefrom, except insolvents, 2 6 
 
 Junr*3 fees. 
 
 Jailer's fees. 
 
 BASTARDY CASES. Bastardy cases. 
 
 Justice^ S fees. justice's fees. 
 
 The examination of the woman in writing, 10 
 
 Warrant to apprehend the reputed father before birth 
 
 of the child, 2 
 
 Bond to indemnify the township or district, 3 
 
 Warrant to bring the reputed father and mother before 
 
 the justices, 3 
 
 All commitments, each, 10 
 
 Bond to perform order of filiation, whether on appeal 
 
 or otherwise, 3 
 
 56 
 
442 
 
 Chap. 154. 
 
 [part III. 
 
 Warrant to apprehend the reputed father when he shall 
 not have appeared at the time of making order of 
 filiation, 
 
 Order of filiation, per folio, 
 
 Constable's fees. 
 
 Registrar's of 
 deeds fees. 
 
 Fees on distress 
 for rent. 
 
 Constable^ s fees 
 The same as in otter cases before justices. 
 
 Registrar'' s of deeds fees. 
 
 For the attestation of a subscribing witness, 
 
 For entering and registering every deed or convey- 
 ance, per folio. 
 
 For entering every docket of judgment or attachment 
 with appraisement, 
 
 For entering and filing a discharge of judgment or at- 
 tachment. 
 
 For every certificate of registry written on any deed 
 or conveyance, (not to be charged in case of judg- 
 ment or attachment, or discharge thereof, or of the 
 release of a mortgage,) 
 
 For every ofiice copy from the books of registry deli- 
 vered out, per folio. 
 
 For every certificate upon such ofiice copy where such 
 shall be required. 
 
 For every search, whether for a single deed or convey- 
 ance or for a single title made on one and the same 
 day. 
 
 [Pees on dist?-ess for rent. 
 
 Warrant to bailifi", 
 
 Appraisement, 
 
 Notice and each necessary copy, 
 
 Appraisers, each. 
 
 On a sale, the same fees as to a sherifi". 
 
 No custody money to be allowed. 
 
 
 
 1 
 
 
 
 
 
 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 6 
 
 
 
 1 
 
 
 
 10 
 
 
 
 2 
 
 6 
 
 
 
 1 
 
 
 
 
 
 
 
 6 
 
 
 
 1 
 
 3 
 
TITLE XL.] Chap. 155. Sect. 1—2. 443 
 
 PART IV. 
 
 OF THE CRIMINAL LAW AND THE ADMINISTRATION OF CRIMINAL 
 
 JUSTICE. 
 
 TITLE XL. 
 
 [OF OFFENCES AGAINST THE GOVERNMENT. 
 
 CHAPTER 155. 
 
 OF TREASON. 
 
 StcnoN 
 1. Treason defined ; punishment. 
 
 Section 
 2. Proceedings and evidence to be as in En- 
 gland. 
 
 1. Whoever shall compass or imagine the death of the queen, Treason defined ; 
 or of her eldest son and heir, or shall levy war against her, or ad- ^™" 
 
 here to her enemies giving to them aid or comfort, and shall 
 thereof be duly convicted, shall be declared and adjudged to be a 
 traitor, and shall suffer death and forfeiture as in cases of high 
 treason. 
 
 2. All acts of the imperial parliament directing the proceedings Proceedings and 
 and evidence on trials for high treason in England, shall have their ta England. 
 full force and effect, and be observed as the rule on trials for high 
 
 treason in this province. 
 
 CHAPTER 156. 
 
 OF OFFENCES RELATING TO THE ARMY AND NAVY. 
 
 Sbctios ISeotion 
 
 1. Penalty for assisting soldiers or seamen to 
 
 desert. 
 
 2. Penalty for unlawrully buying, receiving, 
 
 &c., any regimental necessaries from a sol- 
 dier or deserter. 
 
 3. Penalty for unlawfully buying, receiving, 
 &c., naval stores from seamen, marines, 
 &o. 
 
 i. Suspected persons may be apprehended as 
 deserters. 
 
 6. Search for deserters, how conducted. 
 
444 
 
 Chap. 156, Sect. 1 — 5. Chap. 157 — Sect. 1. [pakt iv. 
 
 Penalty for assist- 
 ing soldiers or 
 seamen to desert. 
 
 Penalty for un- 
 lawfully buying, 
 receiving, &c., 
 any regiinentiil 
 necessai'ies from 
 a soldier or de- 
 serter. 
 
 Penalty for un- 
 lawfully buying, 
 receiving, ifcc, 
 naval stores from 
 seamen, marines, 
 
 Huspected per- 
 sons may be ap- 
 prehended as de- 
 serters. 
 
 Search for desert- 
 ers, how con- 
 dacted. 
 
 1. Whosoever shall procure or solicit any soldier, seaman or 
 marine to desert her majesty's service, or shall assist any deserter 
 from her majesty's service, knowing him to he such, in deserting 
 or concealing himself from such service, shall forfeit twenty pounds, 
 and in default of payment shall he committed to jail for a term not 
 exceeding six months. 
 
 2. Whosoever shall buy, exchange or detain, or otherwise re- 
 ceive from any soldier or deserter, any arms, clothing or furniture 
 belonging to her majesty, or any such articles belonging to any 
 soldier or deserter as are generally deemed regimental necessaries 
 according to the custom of the army, or shall exchange, buy or re- 
 ceive from any soldier any provisions, without leave in writing from 
 the oflBcer commanding the regiment or detachment to which such 
 soldier shall belong, or cause the color of such clothes to be 
 changed, shall forfeit five pounds, and in default shall be committed 
 to jail for a term not exceeding six months. 
 
 3. Whoever shall buy, exchange or detain, or otherwise re- 
 ceive from any seaman or marine, upon any account whatever, or 
 have in his possession any arms or clothing, or any such articles 
 belonging to any seaman, marine or deserter, as are generally 
 deemed necessaries according to the custom of the navy, shall for- 
 feit a sum not exceeding twenty pounds, and in default of payment 
 shall be committed to jail for a term not exceeding six months. 
 
 4. Any person reasonably suspected to be a deserter from the 
 army or navy, may be apprehended and brought for examination 
 before a justice of the peace, and if it shall appear that he is a de- 
 serter, he shall be confined in jail till claimed by the military or 
 naval authorities, or proceeded against according to law. 
 
 5. No officer or other person shall break open any building to 
 search for a deserter, without a warrant from a justice of the peace, 
 to be obtained upon oath that there is reason to believe that the de- 
 serter is concealed therein, and that admittance has been demanded 
 and refused ; and any person resisting the execution of the warrant 
 shall forfeit twenty pounds. 
 
 CHAPTER 157. 
 
 OF OFFENCES AGAINST RELIGION. 
 
 Section 
 1. Penalty for disturbing persons assembled 
 for public worship. 
 
 Section 
 
 2. Fine for desecration of the Lord's day. 
 
 3. Fine for retailing liquors on the Lord's day. 
 
 turtta'^ '"tr'sons ^' ^"^^osoever shall maliciously disturb any congregation of 
 assembled i..r persons assembled for religious worship, or shall molest any preacher 
 
 public worship. on ./ i 
 
TITLE XL.] Chap. 158, Sect. 1 — 5. 445 
 
 or person officiating at such congregation, or any persons there 
 assembled, upon conviction before a justice of the peace shall for- 
 feit not less than ten nor more than forty shillings, and in default 
 of payment shall be committed to jail for a term not less than 
 twenty-four hours nor more than ten days. 
 
 2. Any person who shall be convicted before a justice of the v}°^ f"' '^"^''^^' 
 peace of shooting, gambling or sporting, of frequenting tippling day- 
 houses, or of servile labor, works of necessity and mercy excepted. 
 on the Lord's day, shall, for every offence, forfeit not less than five 
 nor more than forty shillings, and in default of payment shall be 
 committed to jail for a term not less than twelve hours nor more 
 than four days. 
 
 8. No retailer of spirituous liquors or tavern keeper shall sell ^'"<^ '""• retaiitag 
 
 . . ,. 1X15 1 • n f I* ' • liquors on the 
 
 any spirituous liquors on the Lord s day, on pain oi lorieiting ten Lmci'sday. 
 shillings for every such offence. 
 
 CHAPTER 158. 
 
 OF OFFENCES AfiAINST PUBLIC MOKALS. 
 
 Section 
 
 1. Fine for drunkenness. 
 
 2. Punishment for incest. 
 
 3. Punisliment for keeping a gambling, baudy, 
 
 or disorderly bouse. 
 
 Section 
 
 4. Who may be deemed keeper of such house. 
 
 5. Fine for profane sweai'ing. 
 
 6. Fine for getting up or participating in lot- 
 
 teries or raffles. 
 
 1. Any person who shall be convicted of drunkenness either on pine.for drunken- 
 view or upon oath before a justice of the peace, shall, for every °'^=^- 
 offence, forfeit not less than five nor more than twenty shillings, 
 
 and in default of payment shall be committed to jail for a term not 
 less than twelve hours nor more than four days. 
 
 2. Any person who shall be convicted of incest shall be guilty Punishment for 
 of a misdemeanor, and shall be imprisoned for a term not exceeding '"""^s'- 
 
 two years. 
 
 3. Any person who shall be convicted of keeping a common pmishment for 
 gambling house, bawdy house or other disorderly house, room or Sg^ff^iuc^™" 
 place, shall be imprisoned for a term not exceeding two years. disorderly house. 
 
 4. Any person who shall appear or act as master or mistress, -ivho may be 
 
 or as having the care or management of any gambling house, bawdy su^JJ^ifo^sg*" °* 
 house or other disorderly house, shall be deemed to be the keeper 
 thereof, and shall be prosecuted and punished as such, notwithstan- 
 dinc he or she shall not in fact be the real owner or keeper thereof 
 5 Anv nerson profanely cursing or swearing in the hearing of ^. , 
 
 . . i S ^ 1 1 11 u • i. 1 i.1 r 1 11 ? ^"^^ f'"' profane 
 
 a justice of the peace, or who shall be convicted thereoi, shall tor- siveaving. 
 feit two shillings for the first offence, and for a second offence 
 double, and for a third offence treble that sum, and in default of 
 
446 
 
 Chap. 159. Sect. 1—3. 
 
 [part IV. 
 
 Fine for getting 
 up or participa- 
 ting in lotteries 
 or i-aJfles. 
 
 payment shall be committed to jail for a term not less than two nor 
 more than twelve hours. 
 
 6. Whoever shall undertake or set up, or shall by writing or 
 printing, publish the undertaking or setting up, of any lottery or 
 raffle for money or goods, with intent to have such lottery or raffle 
 drawn or thrown, or to induce persons to purchase tickets or to 
 give money or other valuables for any such lottery or raffle, or 
 shall play, throw or draw at such lottery or raffle, or shall purchase 
 any lot or ticket for any such lottery, or shall take part in any 
 such raffle, shall forfeit a sum not exceeding ten pounds, and in 
 default of payment shall be committed to jail for a period not ex- 
 ceeding thirty days. 
 
 CHAPTER 159. 
 
 OF OFFENCES AGAINST THE LAW OF MARRIAGE. 
 
 Section 
 
 1. Punishment for bigamy, &c. 
 
 2. Cases excepted from the operation of pre- 
 
 vious section. 
 
 Section 
 
 3. Penalty and punishment for illegally offi- 
 
 ciating at the solemnization of matrimoDv. 
 
 4. Fine for solemnizing marriage illegally ; li- 
 
 mitation of action. 
 
 Punishment for 
 bigamy, &c. 
 
 Cases excepted 
 from the opera- 
 tion of previous 
 section. 
 
 Penalty and 
 punishment for 
 illegally officia- 
 ting at the so- 
 lemnization of 
 matrimony. 
 
 1. Whosoever being married shall marry any other person du- 
 ring the life of the former husband or wife, whether the second 
 marriage shall have taken place in the province or elsewhere, shall 
 be guilty of felony, and shall be imprisoned for a term not excee- 
 ding two years and fined at the discretion of the court. 
 
 2. Provided that nothing in the last preceding section shall ex- 
 tend to any second marriage contracted out of this province by any 
 other than a subject of her majesty, or to any person marrying a 
 second time whose husband or wife shall have been continually ab- 
 sent from such person for the space of seven years then last past, 
 and shall not have been known by such person to be living within 
 that time, or shall extend to any person who at the time of such 
 second marriage shall have been divorced from the bond of the first 
 marriage, or to any person whose former marriage shall have been 
 declared void by the sentence of any court of competent jurisdic- 
 tion. 
 
 3. Whosoever not being thereto duly authorized shall presume 
 to solemnize or celebrate marriage, or shall officiate or assist in so- 
 lemnizing or celebrating any marriage, shall, for every such offence, 
 forfeit, to the use of her majesty, a sum not exceeding one hundred 
 pounds, nor less than twenty-five pounds, and suffer twelve months' 
 imprisonment notwithstanding such marriage shall be invalid by 
 law. 
 
TITLE XL.] Chap. 160. Sect. 1—4. 447 
 
 4. Whosoever being duly authorized to solemnize marriage, ^}^<^ ^^^ soiemni- 
 shall presume to solemnize or celebrate marriage between any per- legaiiy ; umita- 
 sons whomsoever, before notification of bans of matrimony between ^^^^ °^ ^^^^°"' 
 them first made, or for which a license shall not have been first 
 obtained under the hand of the governor, shall forfeit twenty 
 pounds ; but the prosecution therefor must be commenced within 
 twelve months after the offence committed. 
 
 CHAPTER 160. 
 
 OF OFPENCES AQAINST THE PUBLIC PEACE. 
 
 Sectios Section 
 
 1. Punishment for twelve or more persons re- 
 
 maining riotously assembled after procla- 
 mation. 
 
 2. Form of proclamation. 
 
 3. Punishment for opposing a party making 
 
 proclamation. 
 
 4. Punishment for remaining assembled where 
 
 proclamation is obstmcted. 
 
 5. Punishment where three or more persona 
 
 unlawfully assemble or continue assem- 
 bled. 
 
 6. Punishment for unlawful assemblages da- 
 
 maging churches or machinery. 
 
 7. Punishment for public fighting. 
 
 8. Punishment for carx'ying dangerous wea* 
 
 pons. 
 
 1. If any persons to the number of twelve or more, being un- punishment foi' 
 
 twelve or more 
 
 lawfully assembled together to the disturbance of the public peace, pIrson3°Kmata- 
 and being required by the sheriff, or a justice of the peace of the s"|,biea°"tar'*^" 
 county, or of any city where such assembly shall be, by proclama- prociamatioD. 
 tion, to be made in the form hereinafter directed, to disperse them- 
 selves, shall, to the number of twelve or more, unlawfully, riotously 
 and tumultuously continue together by the space of one hour after 
 such proclamation made, such offenders shall be imprisoned for any 
 term not exceeding four years. 
 
 2. The order and form of such proclamation shall be as fol- ^o™ "' p'""'"-- 
 lows, that is to say, the person authorized to make such proclama- 
 tion shall, among the rioters, or as near as he can safely come, with 
 
 a loud voice command silence, and make proclamation in the words 
 following or to the like effect : — " Our sovereign lady the queen 
 charges and commands all persons being here assembled imme- 
 diately to disperse themselves, and peacefully depart to their habi- 
 tations or to their lawful business, or they will incur the penalty of 
 the law against unlawful assembhes. God save the queen." 
 
 3. Whosoever shall forcibly oppose or in any manner obstruct Punishment for 
 any person lawfully making or endeavoring to make such procla- making%roci^'' 
 mation, shall be imprisoned for a term not exceeding two years. ""'"°°- 
 
 4. If any persons to the number of twelve or more, being un- Punishment for 
 lawfully assembled together, to whom proclamation should or ought b™/whle''p™' 
 to have been made if the same had not been obstructed, shall, know- gl^ea™ '* "''" 
 ing of such obstruction, continue together and not disperse them- 
 
448 
 
 Chap. 161. Sect. 1—2. 
 
 [part IV. 
 
 Punishment 
 where three or 
 more persons un- 
 lawfully assemble 
 or continue as- 
 sembled. 
 
 Punishment for 
 unlawful assem- 
 blages damaging 
 churches or ma- 
 chinery. 
 
 Punishment for 
 public fighting. 
 
 Punishment for 
 carrying danger- 
 ous weapons. 
 
 selves within one hour after such obstruction made, such offenders 
 shall be imprisoned for a term not exceeding two years. 
 
 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 vio- 
 lent and tumultuous a manner, or under such circumstances as are 
 calculated to create terror and alarm amongst her majesty's sub- 
 jects, such persons shall be imprisoned for a term not exceeding 
 two years. 
 
 6. If any persons unlawfully assembled together to the distur- 
 bance 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 move- 
 able, 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 subjects, such persons shall be committed 
 to jail for a term not exceeding twelve months. 
 
 CHAPTER 161. 
 
 OF OFFENCES AGAINST THE ADMINISTKATION OF JUSTICE. 
 
 Section 
 
 1. Punishment for assaulting a peace or re- 
 
 venue officer. 
 
 2. Punishment for aiding to resist the appre- 
 
 hension of the person so assaulting. 
 
 3. Punishment for shooting at or stabbing, &c. 
 
 to resist the apprehension of a party ac- 
 cused. 
 
 4. Punishment for perjury or subornation of 
 
 perjury. 
 
 Section 
 3. Punishment for rescue or bi-each of prison. 
 
 6. Punishment for false orders, certificate3,&c., 
 
 of public records. 
 
 7. Punishment for stealing or injuring docu- 
 
 ments connected with the administration 
 of justice. 
 
 8. Punishment for corruptly taJiing rewards 
 
 for helping persons to stolen chattels, se- 
 curities, &c. 
 
 Punishment for 1. Whosoever shall assault a peace or revenue officer in the 
 MKvenueXcTr! cxecution of his duty, or any person acting in aid of such officer, 
 
 shall be committed to jail for a term not exceeding two years and 
 
 fined at the discretion of the court. 
 Punishment for 2. Whosoevcp shall assault any person with intent to 'resist 
 the "appretension the lawful apprehension or detainer of the party so assaulting, or 
 
TITLE XL.] Chap. 161. Sect. 3—8. 449 
 
 of any other person for any offence for which he may he hable to of the person so 
 be apprehended or detained, shall be committed to jail for a term "''""'""s;- 
 not exceeding two years and fined at the discretion of the court. 
 
 3. Whosoever shall maliciously shoot at any person, or shall Punishment for 
 attempt to discharge any kind of loaded arms at any person, or ItMhil, &c.°to 
 shall maliciously stab, cut or wound any person, with intent to re- heSioi'S a^rty 
 sist the lawful apprehension or detainer of a party accused of any """sed. 
 offence for which he may be liable to be apprehended, shall be im- 
 prisoned for a term not exceeding seven years. 
 
 4. Whosoever shall be convicted of perjury or subornation of Punishment for 
 perjury, shall be imprisoned for a term not exceeding seven years. nationVpe™S?y! 
 
 5. Whosoever shall be convicted of any rescue or breach of pri- Punishment for 
 son, shall be imprisoned for a term not exceeding two years. orprLn.*"^'""'^ 
 
 6. Whosoever having the custody of any public records, shall Punishment for 
 certify an order as true, knowing the same to be false, or make any ficate°s', &l'. "^Tt '" 
 false copy or certificate of any indictment or conviction, or shall '"''''''' '""""^'^''^ 
 utter any such copy or certificate with a false or forged signature 
 
 thereto, or make any false certificate of registry, knowing the same 
 to be false or forged, shall be imprisoned for a term not exceeding 
 three years. 
 
 7. Whosoever shall steal, or shall for any fraudulent purpose Punishment for 
 take from its place of deposit for the time being, or from any person ring dfcumenti 
 having the lawful custody thereof, or shall maliciously obliterate, th™^m?nirtra 
 injure or destroy any document connected with the administration "on of justice. 
 of justice, shall be imprisoned for a term not exceeding two years 
 
 and fined at the discretion of the court. 
 
 8. Whosoever shall corruptly take any money or other reward Punishment for 
 under pretence of helping any person to any chattel, valuable secu- reSsVi^hSp- 
 rity or moveable thing, which shall have been stolen, taken, de- Je^hattSs'secu^ 
 tained or converted, shall, unless the person so taking such money ""'==' '"^• 
 
 or reward shall cause the offender to be apprehended and brought 
 to trial for the same, be guilty of felony, and shall be imprisoned 
 for a term not exceeding seven years. 
 
 inju- 
 
 CHAPTER 162. 
 
 OP OFFENCES AGAINST THE PEKSON. 
 
 Section 
 
 1. Punishment for murder, &c., being accesso- 
 
 ries. 
 
 2. Petit treason to be deemed and pilnished as 
 
 murder. 
 
 3. Punishment for manslaughter. 
 
 4. Killing by misfortune or in self-defence, &c. 
 
 not punishable. 
 
 5. Punishment for poiaoning. 
 
 57 
 
 Section 
 0. Punishtnent for atteblpting to commit mur-» 
 der otherwise than by poisoning where no 
 harm ensues. 
 
 7. Punishment for causing grievous bodily 
 
 harm. 
 
 8. Punishment for attempting to cause grievous 
 
 bodily harm, 
 
450 
 
 Chap. 162. Sect. 1—9. 
 
 [PAUT IV. 
 
 Section 
 9. Punishment for setting fire to cast away a 
 vessel with intent to murder, &c. 
 
 10. Punishment for impeding escape from a 
 
 wreck. 
 
 11. Punishment for attempting to procure abor- 
 
 tion. 
 
 12. Punishment for endeavoring to conceal the 
 
 birth of a child. 
 1.3. Punishment for rape. 
 14. Punishment for abusing a female under ten 
 
 years. 
 
 15. Punishment for abusing a female between 
 
 ten and twelve years. 
 
 16. Punishment for buggery. 
 
 17. Carnal knowledge, what shall constitute. 
 
 18. Punishment of abduction of girls under 
 
 eighteen. 
 
 19. Punishment for assault, with intent to com- 
 
 mit a felony. 
 
 20. Punishment for assault on a trial for a fe- 
 
 lony. 
 
 Punishment for 
 murder, &c. being 
 accessories. 
 
 Petit treason to 
 be deemed and 
 punished as mur- 
 der. 
 
 Punishment for 
 mtmslaughter. 
 
 Killing by misfor- 
 tune or in self- 
 defence, &c. not 
 punishable. 
 
 Punishment for 
 poisoning. 
 
 Punishment for 
 attempting to 
 commit murder 
 otherwise than by 
 poisoning where 
 no harm ensues. 
 
 Punishment for 
 causing grievous 
 bodily harm. 
 
 Punishment for 
 attempting to 
 cause grievous 
 bodily harm. 
 
 Punishment for 
 setting fire to cast 
 away a vessel 
 with intent to 
 murder, &c. 
 
 1. Every person convicted of murder j or of being an accessory 
 before the fact to murder, shall suffer death as a felon ; and every 
 accessory after the fact to murder shall be imprisoned for a term 
 not exceeding fourteen years, and fined at the discretion of the 
 court. 
 
 2. Every offence "which before the year one thousand eight 
 hundred and forty-one would have amounted to petit treason, shall 
 be deemed to be murder only ; and all persons guilty in respect 
 thereof, whether as principals or accessories, shall be punished as 
 principals and accessories to murder. 
 
 3. Any person convicted of manslaughter shall be committed 
 to jail or imprisoned in the penitentiary, as the court shall direct, 
 for a term not exceeding fourteen years, or shall be fined at the 
 discretion of the court. 
 
 4. Provided that no punishment or forfeiture shall be incurred 
 by any person who shall kill another by misfortune, or in his own 
 defence, or in any other manner without felony. 
 
 5. Whosoever shall administer to or cause to be taken by any 
 person, any poison or other destructive thing, or shall cause bodily 
 harm to any person with intent to commit murder, shall be guilty 
 of felony, and shall be imprisoned for a term not exceeding four- 
 teen years. 
 
 6. Whosoever shall by any means, other than the actually ad- 
 ministering or causing to be taken poison or other destructive 
 thing, attempt to commit murder, shall, although no bodily harm 
 be caused, be guilty of felony, and be imprisoned for a term not 
 exceeding seven years. 
 
 7. Whosoever shall maliciously cut, stab or wound, or shall 
 maliciously maim, disfigure or disable any person, or shall mali- 
 ciously cause to any person any other grievous bodily harm, shall 
 be guilty of felony, and be imprisoned for a term not exceeding 
 fourteen years. 
 
 8. Whosoever shall maliciously attempt to cause grievous bodily 
 harm to any person, shall, whether any bodily harm be caused to 
 such person or not, be imprisoned for a term not exceeding four 
 years. 
 
 9. Whosoever shall unlawfully set fire to, cast away, or in any 
 wise destroy any ship or vessel either with intent to murder any 
 person or whereby the life of any person shall be put in danger, 
 
TITLE XL.] Chap. 162. Sect. 10—20. 451 
 
 shall be guilty of felony, and be imprisoned for the term of his 
 natural life or for any term not less than seven years. 
 
 10. Whosoever shall maliciously impede any person being on Punishment for 
 board of, or having quitted any ship or vessel -which shall be in ™om a wreck™''' 
 distress or wrecked, in his endeavour to save his life, shall be guilty 
 
 of felony, and shall be imprisoned for a term not exceeding four- 
 teen years. 
 
 11. Every woman being with child who, with intent to procure Punishment for 
 her own miscarriage, shall maliciously administer to herself any prooure'abortion. 
 poison or other noxious thing, or use any instrument or other 
 
 means whatever, and every person who, with intent to procure the 
 miscarriage of any woman, shall maliciously administer to, or cause 
 to be taken by her, any poison or other noxious thing, or shall use 
 any instrument or other means whatsoever, shall be guilty of felony, 
 and shall be imprisoned for a term not exceeding fourteen years. 
 
 12. Where a woman shall have been delivered of a child, any Punishment for 
 person who shall by any secret disposition of the dead body of such conceauheVirth 
 child, whether such child died before, at, or after its birth, endea- of a child. 
 vour to conceal the birth of such child, shall be imprisoned for a 
 
 term not exceeding two years. 
 
 13. Whosoever shall unlawfully and carnally know any woman Punishment for 
 against her will and by force or whilst she is insensible, shall be 
 
 guilty of rape, and shall be imprisoned for the term of his natural 
 Sfe, or for any term not less than seven years. 
 
 14. Whosoever shall unlawfully and carnally know and abuse Punishment for 
 any girl under the age of ten years, shall be guilty of felony, and Under" ^n "y^^m. 
 be imprisoned for the term of his natural life. 
 
 15. Whosoever shall unlawfully and carnally know and abuse Punishment for 
 any girl being above the age of ten years and under the age of brtwera^en^and 
 twelve years, shall be imprisoned for a term not exceeding seven "^''^'^ ?'="■=■ 
 years. 
 
 16. Whosoever shall commit the crime of buggery, either with Punishment for 
 mankind or with any animal, shall be guilty of felony, and be im- ''°^^'^' 
 prisoned for the term of his natural life, or for any term not less 
 
 than seven years. 
 
 17. Any the least degree of penetration, though there be no carnai knowledge 
 emission of seed, shall be suincient to constitute carnal knowledge 
 as regards the crimes mentioned in sections thirteen, fourteen, fif- 
 teen and sixteen of this chapter. 
 
 18. Whosoever shall unlawfully take, or cause to be taken, any Punishment of 
 unmarried girl under the age of sixteen years out of the possession mdefelghteen!'^ 
 or against the will of her father or mother or any other person 
 
 having the lawful charge of her, shall suffer such punishment by 
 fine or imprisonment, or both, as the court shall award. 
 
 19. Whosoever shall assault any person with intent to commit Punishment for 
 a felony, shall be imprisoned for a term not exceeding two years, tenrJo To'^Tt a 
 and fined at the discretion of the court. '''''""y- 
 
 20. Whosoever on trial for any felony whatever, and which Punishment for 
 shall include an assault, shall be convicted of assault, shall be com- forrteiony.* '""' 
 
 what shall consti- 
 tute. 
 
452 
 
 Chap. 163. Sect. 1—5. 
 
 [part IV. 
 
 mitted to jail or imprisoned in the penitentiary as the court shall 
 direct for a term not exceeding five years, and shall be fined at the 
 discretion of the court. 
 
 CHAPTER 163. 
 
 OF OFFENCES AGAINST THE HABITATION. 
 
 Section 
 
 1. Punishment for burglary. 
 
 2. Breaking out of a house in the night, ha- 
 
 ving entered with intent to commit felony, 
 &c. to be burglary. 
 
 3. Same subject. 
 
 4. Punishment for burglariously entering a 
 
 house and assaulting a person with intent 
 to commit murder. 
 
 5. Punishment for entering other building^ by 
 
 night for the purpose of burglary. 
 
 6. Night defined for settling questions of bur- 
 
 glary. 
 
 7. Penalty for unlawfully breaking and enter- 
 
 Sbction 
 
 ing a dwelling house, office, church, &c. 
 with intent to commit a felony. 
 
 8. Punishment where the burglary charged is 
 
 not clearly proven but the breaking, &c. is 
 proven. 
 
 9. When proof of a burglary committed shall 
 
 not be a defence to a charge of breaking, 
 &c. with intent only, and when offender 
 may be again indicted for burglary. 
 
 10. Punisliment for maliciously firing a dwell- 
 
 ing house, a person being therein. 
 
 11. Punishment for damaging a dwelling house 
 
 with powder, a person being therein. 
 
 Punishment for 
 burglary. 
 
 Breaking out of a 
 house ia the 
 night, having en- 
 tered with intent 
 to commit felony, 
 kc to be bur- 
 glary. 
 Same subject. 
 
 Punishment for 
 burj,'lariijubly en- 
 tering u house 
 and assaulting a 
 person with in- 
 tent to commit 
 murder. 
 
 Punishment for 
 entering other 
 buildings by 
 night for the pur- 
 pose of burglary. 
 
 1. Whosoever shall commit burglary shall be guilty of felony, 
 and shall be imprisoned for a term not exceeding fourteen years. 
 
 2. If any person shall enter the dwelling house of another with 
 intent to commit felony, or being in such dwelling house shall com- 
 mit a felony, and shall in either case break out of the house in the 
 night time, such person shall be deemed guilty of burglary. 
 
 3. Provided always, that no building, although within the same 
 curtilage with the dwelling house, and occupied therewith, shall be 
 deemed to be part of such dwelling house for the purpose of bur- 
 glary, unless there shall be a communication between such building 
 and dwelling house, either immediately or by means of a covered 
 and enclosed passage leading from one to the other. 
 
 4. AYhosoever shall burglariously break and enter into any 
 dwelling house, or any inner part thereof, and shall assault with 
 intent to murder any person being therein, or shall cause any bodily 
 harm, or do any personal violence to such person, shall be guilty of 
 felony, and be imprisoned for the term of his natural life, or for 
 any term not less than seven years. 
 
 5. If any person shall in the night time break and enter any 
 building, being within the curtilage of a dwelling house and occu- 
 pied therewith, but not being part thereof, according to the provi- 
 sions in the third section of this chapter, or any public ofiice, pub- 
 lic building, or other building not being a dwelling house for the 
 purpose of burglary, with intent to commit a felony, every such 
 
TITLE XL.] Chap. 163. Sect. 6—11. 453 
 
 offender shall be guilty of felony, and shall be imprisoned for a 
 term not exceeding seven years. 
 
 6. So far as the same is essential to the offence of burglary, Night deflnea for 
 the night shall be considered and is, hereby declared to commence of bSfimy? '°°^ 
 at nine o'clock of the evening of each day, and to conclude at six 
 
 o'clock in the morning of the next succeeding day. 
 
 7. Whosoever shall in the day time unlawfully break and enter Penalty fonm- ^ 
 any dwelling house, or building within the curtilage of a dwelling ana entering a ° 
 house, or any public office or other public building, or any building office,'"churehT&o. 
 used for carrying on any business, or any stable, barn, or store '''* ™'^"' '" 
 
 J S> J > J r. ' .1 • c commit a felony. 
 
 house, or any church, chapel or meetmg house for the exercise oi 
 any mode or form of reUgious worship whatever, with intent to 
 commit a felony, shall be committed to jail or imprisoned in the 
 penitentiary as the court may direct, for a term not exceeding five 
 years, and shall be fined at the discretion of the court. 
 
 8. Whosoever shall be indicted for any burglary, where the Punishment 
 
 where the biir- 
 
 breaking and entering shall be proved at the trial to have been made giavy charged la 
 in the day time, and no breaking out shall appear to have been ""n'^tat'the™' 
 made in the night time, or where it shall be left doubtful whether braking, &c. is 
 such breaking and entering, or breaking out, took place in the day 
 or night time, shall be acquitted of the felony, but may be con- 
 victed of the offence specified in section seven of this chapter. 
 
 9. It shall not be available, by way of defence to a person wii™ proofofa 
 charged with the offence specified in section seven of this chapter, tea shaii not bo a 
 that the breaking and entering were such as to amount in law to churgr of" break- 
 burglary — provided that the offender shall not be afterwards pro- *°Sj ^=- "''^'J^^'"" 
 secuted for burglary upon the same facts ; but it shall be open to when offender 
 the court before whom the trial for such offence shall take place, dlcfed^oTbur-"' 
 upon the apphcation of the officer conducting the prosecution, to ^'^'^' 
 
 allow an acquittal for the misdemeanor, on the ground that such 
 offence, as proved, amounts to burglary ; and if an acquittal takes 
 place on such ground, and'be so returned by the jury in delivering 
 their verdict, the same shall be recorded together with their ver- 
 dict, and such acquittal shall not then avail as a bar or defence upon 
 any indictment for such burglary. 
 
 10. Whosoever shall mahciously set fire to any dweUing house, Punishment for 
 any person being therein, shall be guilty of felony, and be impri- a aweiung house, 
 soned for the term of his natural life, or for any term not less than therdn™ ^"'"^ 
 ten years. 
 
 11. Whosoever shall maliciously, by the explosion of gunpow- Pnnishment for 
 der or other explosive substance, destroy or damage the whole or dweiifnghouse 
 any part of a dwelling house, any person being therein, shall be person°teing * 
 guilty of felony, and shall be imprisoned for a term not exceeding therein. 
 fourteen years. 
 
454 
 
 Char 164. Sect. 1—6. 
 
 [part IV. 
 
 CHAPTER 164. 
 
 OF FRAUDULENT APPROPRIATIONS. 
 
 Section 
 
 1. Punishment for robbing the person. 
 
 2. Fuaishment for an assault, with intent to 
 
 rob. 
 
 3. Punishment for robbing the person and 
 
 causing grievous bodily harm. 
 
 4. Punishment for an assault by one or more 
 
 persons armed vrith intent to rob, and 
 causing bodily harm. 
 
 5. Punishment for demanding property with 
 
 menace or force, with intent to steal. 
 
 6. Punishment for stealing from or plundering 
 
 a wreck. 
 
 7. Punishment for accusing or threatening to 
 
 accuse, &c. a person with an abominable 
 offence, and thereby extorting property. 
 
 8. Punishment for a theft committed by accu- 
 
 sing or threateniog to accuse a person of 
 felony, kc. 
 
 9. Punishment for attempting to commit a 
 
 theft by sending threatening letters, &c. 
 
 10. "What shall be held sending threatening 
 
 letters. 
 
 11. Punishment for larceny. 
 
 Section 
 
 12. Punishment for destroying or concealing 
 
 wills, &c. 
 
 13. Pmiishment for stealing muniments of title. 
 
 14. Punishment for stealing valuable securities. 
 
 15. Punishment for stealing or killing cattle 
 
 with intent to steal, &c. 
 
 16. Civil remedies not affected by the last four 
 
 sections. 
 11, Punishment for a clerk or servant Btealing 
 from his master. 
 
 18. Punishment for obtaining articles by falsa 
 
 pretences. 
 
 19. What shall be held " a false pretence." 
 
 20. Fraud in games, bets, or wagers to be held 
 
 a false pretence. 
 
 21. When the oflfence proved is a larceny, in 
 
 what case it shall be a defence on a charge 
 of false pretence. 
 
 22. Punishment for clerk or servant embezzling 
 
 his master's property. 
 
 23. Punishment for receiving goods, knowing 
 
 them to have been stolen, obtained by 
 false pretences, or embezzled. 
 
 Punishment for 
 robbing the per- 
 son. 
 
 Punishment for 
 an assault with 
 intent to rob. 
 
 Punishment for 
 robbing the per- 
 son and causing 
 grievoxis bodily 
 harm. 
 
 Punishment for 
 an assault by one 
 or more persons 
 and with intent 
 to rob and cau- 
 sing bodily harm. 
 
 Punishment for 
 demanding pro- 
 perty with me- 
 nace or force, 
 with intent to 
 steal , 
 
 Punishment for 
 stealing from or 
 plundering a 
 wreck. 
 
 1. "Whosoever shall rob any person shall be guilty of felony, 
 and shall be imprisoned for a term not exceeding fourteen years. 
 
 2. "Whosoever shall assault any person with intent to rob shall 
 be guilty of felony, and shall be imprisoned for a term not excee- 
 ding three years. 
 
 3. Whosoever shall rob any person, and at the time of, or im- 
 mediately before, or immediately after such robbery, shall cause 
 any grievous bodily harm to any person, shall be guilty of felony, 
 and be imprisoned for the term of his natural life or for any term 
 not less than seven years. 
 
 4. Whosoever shall, being armed with any offensive weapon or 
 instrument, or shall, together with one or more person or persons, 
 assault any person with intent to rob, and at the time of, or imme- 
 diately before, or immediately after such assault, shall cause any 
 bodily harm or do any violence to the person of another, shall be 
 guilty of felony, and shall be imprisoned for a term not exceeding 
 fourteen years. 
 
 5. Whosoever shall with menaces, or by force, demand any 
 property of any person, with intent to steal the same, shall be 
 guilty of felony, and shall be imprisoned for a term not exceeding 
 three years. 
 
 6. Whosoever shall plunder or steal any part of a ship or ves- 
 sel wrecked or cast on shore, or any goods or articles of any kind 
 
TITLE XL.] CsAp. 164. Sect. T— 17. 455 
 
 belonging to or on board of sucb ship or vessel, shall be guilty of 
 felony, and shall be imprisoned for a term not exceeding fourteen 
 years. 
 
 7. Whosoever shall accuse or threaten to accuse any person of Punishment for 
 the crime of buggery, committed either with mankind or with any ft™at"niDgtoac- 
 animal, or any assault with intent to commit the said abominable g",f ;4h an "bo- 
 crime, or of any attempt to commit the same, or of using any soli- minabie otiencr, 
 
 V ,.■ j.\. J. J. 1 1. i • J ^^ '' ^ and thereby ex- 
 
 citation or threat to any person whereby to induce such person to toi ting property. 
 
 commit or permit the said abominable crime with intent to extort 
 
 and shall thereby extort from such person any property, shall be 
 
 guilty of felony, and shall be imprisoned for a term not exceeding 
 
 fourteen years. 
 
 8. Whosoever shall commit any theft, where the means by Pmishment for a 
 which possession is obtained of the thing stolen are either the accu- by'^accS™""^ 
 sing or threatening to accuse, or the knowingly sending, dehvering threatening to ac- 
 
 ° . p <^_ ' . . ° "^ , ^ . ^ cuse a peison of 
 
 or uttering ot any letter or writing, accusing or threatening to ac- feiony, &c. 
 cuse any person of treason or felony, or of any assault with intent 
 to commit, or of any attempt to commit a rape, shall be guilty of 
 felony, and shall be imprisoned for a term not exceeding seven years. 
 
 9. Whosoever shall by any of the means specified in section Pimishtiient for 
 eight of this chapter attempt to commit a theft, or shall knowingly J"mmrt''a"?he'ft by 
 send, deliver or utter any letter or writing, demanding of any per- ing'li;'tfer's'"&c'.''" 
 son with menaces, and without any reasonable or probable cause, 
 
 any thing being the subject of theft, shall be guilty of felony, and 
 shall be imprisoned for a term not exceeding seven years. 
 
 10. Every species of parting with, placing or disposing of any what shaii be 
 such letter or writing as is mentioned in the two last preceding threatening fet- 
 sections, to the end that the same may be carried to or otherwise ''^'''' 
 reach or come into the possession of the person for whom it is inten- 
 ded, shall be deemed to be a sending of such letter within the 
 meaning of those sections. 
 
 11. Whosoever shall be convicted of larceny shall be imprison- Punishment tor 
 ed for a term not exceeding seven years. arceny. 
 
 12. Whosoever shall steal, or for any fraudulent purpose de- Punishment for 
 stroy or conceal any testamentary instrument, shall suffer such claitag'wms^&c°' 
 punishment by fine or imprisonment, or both, as the court shall 
 
 direct. 
 
 13. Whosoever shall steal any muniment of title shall suffer Punishment for 
 such punishment by fine or imprisonment, or both, as the court SentT^of^titie. 
 shall direct. 
 
 14. Whosoever shall steal any valuable security, shall be im- Punishment for 
 
 - „ , T. "^ '' Stealing valuable 
 
 prisoned tor a term not exceeding seven years. secmities. 
 
 15. Whosoever shall steal any cattle, or shall wilfully kill any Punishment for 
 cattle with intent to steal the carcass or skin or any part of the c'attie''lith'inten! 
 cattle so killed, shall be guilty of felony, and shall be imprisoned '" ^'^^'' *^'=- 
 for a term not exceeding seven years. 
 
 16. Nothing in the four last preceding sections contained shall civu remedies 
 
 -.'='. . ., 1 r i- ""*■ affected by 
 
 in any wise aflect any civil remedy ot any parties. the last four sec- 
 
 17. Whosoever heing a clerk or servant shall steal any thing Sshmentfor a 
 
456 
 
 Chap. 164. Sect. 18- 
 
 [PART IV. 
 
 clerk or servant 
 stealing from his 
 master. 
 
 Punishment for 
 . obtaining articles 
 by false pre- 
 tences. 
 
 What shall be 
 held "a false pre- 
 tence." 
 
 Fraud in gfames, 
 bets, or wagers to 
 be held a false 
 pretence. 
 
 Khen the offence 
 proved is a lar- 
 ceny, in what 
 case it shall be a 
 defence on a 
 charge of false 
 pretence. 
 
 Punishment for 
 clerk or servant 
 embezzling his 
 master's pro- 
 perty. 
 
 Punishment for 
 receiving goods 
 knowing thera to 
 have been stolen 
 and obtained by 
 false pretences, or 
 embezzled. 
 
 belonging to or in the possession or under the power of his master, 
 shall be guilty of felony, and shall be imprisoned for a term not 
 exceeding seven years. 
 
 18. Whosoever with intent to defraud any person of any thing 
 which is the subject of theft, shall obtain such thing from any per- 
 son by any false pretence, by which the owner or other person au- 
 thorized is induced to part with the entire property in such thing, 
 shall be imprisoned for a term not exceeding two years. 
 
 19. A false pretence within the meaning of the last preceding 
 section is a false representation of some state of things past or 
 present. 
 
 20. Any fraud or ill practice in playing at any game or in 
 bearing a part in the stakes, or on betting or wagering on the 
 event, shall be deemed to be a false pretence within the meaning of 
 section eighteen of this chapter. 
 
 21. It shall not be available by way of defence to a person 
 charged with the offence specified in section eighteen of this chap- 
 ter that the property in question was so obtained, as to amount in 
 law to larceny, provided that the offender shall not be afterwards 
 prosecuted for larceny upon the same facts. 
 
 22. Whosoever being a clerk or servant, or person employed 
 for the purpose in the capacity of a clerk or servant, shall embezzle 
 any thing being the property of his employer, received or taken 
 into possession by him by virtue of such employment, shall be 
 deemed to have stolen the same from his employer, and shall be 
 guilty of felony, and be imprisoned for a term not exceeding seven 
 years. 
 
 23. Whosoever shall unlawfully receive or have in his posses- 
 sion any thing which shall have been stolen or obtained by any 
 false pretence, or which shall have been embezzled, knowing the 
 same to have been so stolen, detained or embezzled, shall, in case 
 the stealing, obtaining or embezzling of such thing shall amount to 
 felony, be imprisoned for a term not exceeding seven years, and in 
 all other cases shall be imprisoned for a term not exceeding two 
 years. 
 
 CHAPTER 165. 
 
 OF EORGEUY AND OFFENCES RELATING TO THE COIN. 
 
 Section 
 
 1. Punishment for forging public seals, &c. 
 
 2. Punishment for forging or altering a writing. 
 
 3. Definition of the word "writing'* in last 
 
 section. 
 
 Section 
 
 4. Definition of the word " person" in section 2. 
 
 5. Punishment for forging a muniment of title. 
 
 6. Punishment for counterfeiting coin, &c. 
 
TITLE XL.] 
 
 Chap. 165. Sec. 1—6. 
 
 457 
 
 Puniahment for 
 forging or altering 
 a writing. 
 
 1. Whosoever shall forge or counterfeit, or shall utter knowing ^™i*"™^,?2'' 
 the same to be forged or counterfeit, the great seal of the united seals, &c. 
 kingdom, her majesty's privy seal, any privy signet of her majesty, 
 
 her majesty's royal signmanual, her majesty's great seal of the 
 province of Nova-Scotia, or the privy seal, or the seal at arms of 
 the said province, or of the lieutenant-governor thereof, shall be 
 guilty of felony, and shall be imprisoned for a term not exceeding 
 five years. 
 
 2. Whosoever shall forge or alter, or shall offer, utter, or put 
 off, knowing the same to be forged or altered, any writing, with 
 intent to defraud any person, shall be guilty of felony, and be im- 
 prisoned for a term not exceeding seven years. 
 
 3. The term " writing," as used in the last preceding section, Definition of the 
 shall be deemed to apply, whether the words or figures of the forged J™a3t"srciion^" 
 instrument, or any of them, are expressed at length or abridged, 
 
 and whether they be so expressed by means of writing, printing or 
 otherwise. 
 
 4. The term person in section two of this chapter, shall be Definition of th. 
 deemed to include her majesty, any body corporate, company or ^ection"™" 
 society of persons not incorporated, or any person or number of 
 
 persons who may be intended to be defrauded, whether such body 
 corporate, company, society, person or number of persons, shall re- 
 side or carry on business in this province or elsewhere, in any place 
 or country, whether under the dominion of her majesty or not. 
 
 5. Whosoever with intent to defraud any person shall forge any Punishment for 
 muniment of title, or testamentary instrument, shall be guilty of meat"of tine""" 
 felony, and be imprisoned for a term not exceeding seven years. 
 
 6. Whosoever shall be convicted of the false making, impairing 
 or counterfeiting of any coin, or of uttering any counterfeited coin, 
 knowing the same to be counterfeit, shall be imprisoned for a term 
 not exceeding four years. 
 
 Punishment for 
 counterfeiting 
 coin, &c. 
 
 CHAPTER 166. 
 
 OF MALICIOUS INJURIES TO PEOPERTY. 
 
 Section 
 
 1. Punishment for maliciously firing a building. 
 
 2. Punishment for setting fire to or casting 
 
 away a vessel. 
 
 3. Punishment for exhibiting false lights. 
 
 4. Punishment for destroying any part of a 
 
 vessel wrecked or in distress, or goods be- 
 longing thereto. 
 
 6. Punishment for setting fire to coal mines, &c. 
 
 6. Punishment for setting fire to stacks, coals, 
 or cordffood. 
 
 58 
 
 Section 
 
 7. Punishment for placing gUnpo^der near 
 
 buildings, vessels, &c. 
 
 8. Punishment for breaking down sea walls, 
 
 dikes, mill dams or bridges. 
 
 9. Punishment for damaging trees in gardens, 
 
 fields or streets. 
 10. Punishment for cutting and carrying away 
 com, robbing gardens, &c., breaking down 
 hedges, or removing vehicles, &c. 
 
458 
 
 Chap. 166. Sect. 1—8. 
 
 [part IV. 
 
 Sot ION I 
 
 11. Punishment for damaging glass, wood, me- 
 
 tal work, &c. on any public street or 
 Fquare. 
 
 12. Penalty for killing or maiming cattle. 
 
 13. Penalty for wantonly and cruelly beating ' 
 
 cattk-. 
 
 14. Penalty for setting fire to corn, grain or 
 
 hay. 
 
 15. Punishment for damaging articles in a mu- 
 
 seum, &c. 
 
 16. Punishment for damaging mines. 
 
 17. Provisions of last section qualified. 
 
 18. Punishment upon a second conviction of 
 
 felony. 
 
 Section 
 
 19. Principals in the second degree and acces- 
 sories in cases of felony, how punished, 
 
 '20. Punishment for destroying buoys, beacons, 
 &c. 
 
 21. Penalty for making vessels fast to buoys, 
 
 beacons, &c. 
 
 22. Punishment for damaging real or personal 
 
 property where no specific remedy pro- 
 vided. 
 
 23. Aiders and abettors liable as principals. 
 
 24. Twenty-second section restricted. 
 
 25. Appropriation of fines under twenty-secorld 
 
 section. 
 
 Punishment for 
 maliciously firing' 
 a building. 
 
 Punishment for 
 setting fire to or 
 casting away a 
 vessel. 
 
 Panisbment for 
 exhibiting false 
 lights. 
 
 Punishment for 
 destroying any 
 part of a vessel 
 wrecked or in dis- 
 tress, or goods be- 
 longing thereto. 
 
 Punishment for 
 setting fire to coal 
 mines, &c. 
 
 Punishment for 
 setting fire to 
 stacks, coals, or 
 cord wood. 
 
 Punishment for 
 
 placing gunpow- 
 der near buil- 
 dings, vessels, &:c. 
 
 Punishment for 
 breaking down 
 saw mills, dikes, 
 mill-dams, or 
 bridges. 
 
 1. Whosoever shall maliciously set fire to any building, to 
 ■whatsoever purpose the same may be devoted, shall be guilty of 
 felony, and be imprisoned for a term not exceeding fourteen years. 
 
 2. Whosoever shall maliciously set fire to, cast away, or in any- 
 wise damage or destroy, any ship or vessel, -whether the same be 
 completed or in an unfinished state, with intent thereby to preju- 
 dice any owner or part owner thereof, or of any goods on board 
 thereof, or any underwriter thereon, or on the freight thereof, or 
 upon any goods on board thereof, shall be guilty of felony, and be 
 imprisoned for a term not exceeding fourteen years. 
 
 3. Whosoever shall exhibit any^false light or signal, with intent 
 to bring any ship or vessel into danger, or shall maliciously do any 
 thing tending to the immediate loss or destruction of any ship or 
 vessel in distress, shall be guilty of felony, and be imprisoned for a 
 term not exceeding seven years. 
 
 4. Whosoever shall maliciously destroy any part of any ship or 
 vessel which shall be in distress or wrecked, or any goods or articles 
 of any Idnd belonging thereto, shall be guilty of felony, and shall 
 be imprisoned for a term not exceeding seven years. 
 
 5. Whosoever shall maliciously set fire to any mine of coal or 
 cannel coal, shall be guilty of felony, and be imprisoned for a term 
 not exceeding seven years. 
 
 6. Whosoever shall maliciously set fire to any stack of grain, 
 hay, straw, coals, charcoal, or pile of cord wood, shall be guilty of 
 felony, and be imprisoned for a term not exceeding seven years. 
 
 7. Whosoever shall maliciously place or throw into, upon, against 
 or near any building or vessel, any gunpowder or other explosive 
 substance, with intent to destroy or damage the same, or any ma- 
 chinery or fixtures, or chattels personal, shall, whether or not any 
 explosion takes place, and whether or not any damage is efiected, 
 be guilty of felony, and be imprisoned for a term not exceeding 
 three years. 
 
 8. Whosoever shall maliciously break or cut down any sea bank 
 or sea wall, or any dike or aboiteau, whereby any lands shall be 
 overflowed or damaged, or shall be in danger of being so, or shall 
 maliciously cut down, break, or otherwise destroy any mill dam. 
 
TITLE XL.] Chap. 166. Sect. 9—16. 459 
 
 or shall maliciously pull down, or in anywise damage or destroy 
 any public bridge, shall be guilty of felony, and be imprisoned for 
 a term not exceeding seven years. 
 
 9. Whosoever shall mahciously destroy or damage any tree or PumshmeDt for 
 plant growing in any garden, field or street, shall be committed to giS'J Mds' o" 
 jail for a term not exceeding one year, or fined in a sum not ex- streets. 
 ceeding ten pounds. 
 
 10. Whosoever shall unlawfully cut and take away any corn, Punishment tor 
 or grain of any kind whatsoever growing, or shall rob any orchard, lying^uv™ comj 
 garden, or other plantation, of any fruit, vegetables, or other things Ltf °?eli(iifg™^' 
 therein growins, or wilfully break down, cut, or remove any part """■" .i«dge8, or 
 
 „ 11^ 1 1 \ ii /. "^ ^ 1 removing ve- 
 
 01 any hedge, lence or other enclosure, or shall remove from the hfcies, ice. 
 premises, or injure any vehicle, sleigh or article, belonging to 
 any person, and on his premises, shall be committed to jail for a 
 term not exceeding six months, or fined in a sum not exceeding five 
 pounds. 
 
 11. Whosoever shall maliciously destroy or damage any glass Punishment for 
 or wood work, or any metal, or any utensil or fixture, whether made ?TOO(ifmetefwork, 
 of metal or other material fixed in any square, street or other place *'''■ 'f ™y p"*'"" 
 
 IT 1 IT 1111 .1 . ^ ^ Street or square. 
 
 dedicated to public use or ornament, shall be committed to jail for 
 a term not exceeding one year, or fined in a sum not exceeding ten 
 pounds. 
 
 12. Whosoever shall maliciously kill any cattle, or cause any Punishment for 
 harm to any cattle, with intent to kill such cattle, or render the Sg'cfttie. ""'™' 
 same useless to the owner, either permanently, or for a time, shall 
 
 be committed to jail for a term not exceeding pne year, or fined in 
 a sum not exceeding ten pounds. 
 
 13. Whosoever shall wantonly and cruelly beat, abuse, or ill- Punishment for 
 treat any cattle, shall be punished by fine or imprisonment in jail, r™'™ beating 
 at the discretion of the court. '^''"'''' 
 
 14. Whosoever shall maliciously set fire to any crop of corn. Punishment for 
 grain or hay, whether standing or cut down, wheresoever the same corn°grato, or 
 may be growing, shall be imprisoned in the penitentiary or com- '"'J- 
 mitted to jail for a term not exceeding three years. 
 
 15. Whosoever shall maliciously destroy or damage any thing punishment for 
 kept for the purposes of art, science or literature, or as an object i'namuseum"&c' 
 of curiosity in any museum or other repository, which museum 
 
 or other repository is either at all times, or from time to time, open 
 for the admission of the public, or of any considerable number of 
 persons to view the same, either by permission of the proprietor 
 thereof, or by payment of money before entering the same, shall 
 be committed to jail for a term not exceeding six months, or fined 
 in a sum not exceeding one hundred pounds. 
 
 16. Whosoever shall maliciously cause any water to be con- Punishment for 
 veyed into any mine, or into any subterraneous passage communi- 
 cating therewith, with intent thereby to destroy or damage such 
 mine, or to hinder or delay the working thereof, or shall, with the 
 like intent, maliciously pull down, fill up or obstruct, any air way, 
 water way, drain, pit, level or shaft of or belonging to any mm^ 
 
 damaging luines. 
 
460 
 
 Chap. 166. Sect. 1Y— 25. 
 
 [part IV. 
 
 Provisions of last 
 section qualified. 
 
 Punishment upon 
 a second convic- 
 tion of felony. 
 
 Principals in the 
 second degree 
 and ax;cessories in 
 cases of felony, 
 how punished. 
 
 Punishment for 
 destroying buoys, 
 beacons, &c. 
 
 Penalty for ma- 
 king vessels fast 
 to buoys, bea- 
 cons. &c. 
 
 Punishment for 
 damaging real or 
 personal property 
 where no specific 
 remedy provided. 
 
 Aiders and abet- 
 tors punishable 
 as principals. 
 
 Twenty-second 
 section restricted. 
 
 Appropriation of 
 fines under twen- 
 ty-second section. 
 
 17. The provision contained in the last preceding section shall 
 not extend to any damage committed under ground by any owner 
 of an adjoining mine in working the same, or by any person duly, 
 employed in such working. 
 
 18. "Whosoever shall be. convicted of any felony not punishable 
 with death, committed after a previous conviction for felony, shall 
 on such subsequent conviction, be imprisoned for a term not ex- 
 ceeding four years. 
 
 19. In the case of any felony punishable under and by virtue 
 of this title, every principal in the second degree, and every acces- 
 sory before the fact, shall be punishable in the same manner as the 
 principal in the first degree is punishable ; and every accessory, 
 after the fact to any felony punishable by this title, except only a 
 receiver of stolen property, shall be imprisoned for a term not ex- 
 ceeding two years. 
 
 20. Whosoever shall maliciously take away, destroy or damage 
 any buoys, beacons, or sea marks, placed by order of the governor, 
 or other person having authority in any harbor, creek or bay, shall 
 forfeit a sum not exceeding one hundred pounds, and on failure in 
 payment, shall be committed to jail for a term not exceeding one 
 year. 
 
 21. Whosoever shall make fast any vessel or boat to any such 
 buoy, beacon or sea mark, shall forfeit a sum not exceeding twenty 
 pounds ; and on failure of payment, shall be committed to jail for 
 a term not exceeding six months. 
 
 22. Whosoever shall maliciously damage or destroy any real 
 or personal property, either of a public or private nature, for which 
 no remedy or punishment is hereinbefore provided, shall be com- 
 mitted to jail for a term not exceeding two years, or fined in a sum 
 not exceeding twenty pounds. 
 
 23. Every person who shall abet or procure the commission of 
 any oifence punishable under the preceding section, shall be in- 
 dicted and punished as a principal offender. 
 
 24. Nothing in the twenty-second section shall extend to any 
 case where the party trespassing acted under a fair and reasonable 
 supposition that he had a right to do the act complained of, nor to 
 any trespass not being wilful and malicious. 
 
 25. All fines levied and received under the twenty-second sec- 
 tion shall, in case of the destruction of private property, or of 
 injury thereto, be respectively paid to the party aggrieved, if known, 
 except where such party shall have been examined in proof of the 
 offence, and in such case, or where any public right or property is 
 concerned, such fines shall be paid into the county treasury. 
 
TITLE XL.] 
 
 Chap. 167, Sect. 1—8; 
 
 461 
 
 CHAPTER 167. 
 
 OF THE BEFINITION OF TERMS IN THIS TITLE. 
 
 Sectios 
 
 1. Tevms in this title defined. 
 
 2. Offieev. 
 
 3. Woman. 
 
 4. Grievous bodily harm. 
 
 5. Writing. 
 
 6. Testamentary. 
 
 7. Moveable thing. 
 
 8. A'aluable security. 
 
 9. Muniment of title. 
 
 Section 
 
 10. Cattle. 
 
 11. Same subject. 
 
 12. Night time and day time. 
 
 13. Imprisoned, and imprisonment. 
 
 14. What shall be deemed custody or posses 
 
 sion under this title. 
 
 15. Terms to mean as deiined unless when 
 
 otherwise particularly provided. 
 
 Woman. 
 
 Grievous bodily 
 harm. 
 
 1. The terms following, wheresoever occurring throughout this Terms in this title 
 title, shall be understood as hereinafter defined, unless it be other- ^^^°^'^- 
 
 wise specially provided, or there be something in the subject or 
 context repugnant thereto. 
 
 2. The term " officer" shall be deemed to signify any person officer, 
 invested with authority to execute and legally bound to execute 
 
 any public duties. 
 
 3. The term " woman" shall be deemed to signify any female. 
 
 4. The term "grievous bodily harm" shall be deemed to sig- 
 nify any bodily harm from which danger to life may reasonably be 
 apprehended, or whereby any limb, member, organ of sense or 
 mental faculty is permanently disabled, weakened or impaired — 
 the mutilation of any part of the body, whereby permanent disfi- 
 gurement is caused, the fracture or dislocation of any bone, or 
 any bodily harm whereby the person to whom it is caused is, du- 
 ring the space of twenty days at the least, in bodily pain, diseased 
 or unable to follow his ordinary calling or pursuits. 
 
 5. The term '■ writing" shall be deemed to include any mate- 
 rial on which any words or figures, at length or abridged, are writ- 
 ten, printed or otherwise expressed, or any map or plan is described. 
 
 6. The term " testamentary instrument" shall be deemed to Testamentary. 
 include any will, codicil, or other testamentary writing or appoint- 
 ment, as well during the life of the testator whose testamentary 
 disposition it purports to be as after his death, whether the same 
 
 shall relate to real or personal estate, or to both. 
 
 7. The term " moveable thing" as used in defining theft and Moveable twng. 
 other oifences concerning property, shall be deemed to include mo- 
 ney, valuable securities, muniments of title, written instruments of 
 
 justice, testamentary instruments, and all domestic animals ; also 
 the bodies, and all parts of the bodies of dead animals, and all other 
 chattels personal. 
 
 8. The term "valuable security" shall be deemed to include 
 any unsatisfied debenture and bond, bill, note, warrant, order, or 
 other security for money, or for the payment of money of this or 
 
 Writing. 
 
 Valuable security. 
 
462 
 
 Chap. 167. Sect. 9—14. 
 
 [part IV. 
 
 Muniment of title. 
 
 Same subject. 
 
 Kight time and 
 day time. 
 
 Imprisoned and 
 imprisonment. 
 
 TVliat stiall be 
 deemed custody 
 or possession un- 
 der tliis title. 
 
 any other country — any instrument for the delivery or transfer of 
 any chattel personal — any tally, order or other security entitling 
 or evidencing title to any share or interest in any public stock or 
 fund of any state or country, or in any fund of any body corporate, 
 company or society, or to any deposit in any savings' bank, and any 
 other writing which secures or evidences title to or interest in any 
 chattel personal, or any release, receipt, discharge or other instru- 
 ment evidencing payment of money, or the delivery of any chattel 
 personal ; and every such valuable security shall, where value is 
 material, be deemed to be of value equal to that of such unsatisfied 
 money, chattel personal, share, interest or deposit for the securing 
 or payment of which, or delivery or transfer or sale of which, or 
 for the entitling to or evidencing title to which such valuable secu- 
 rity shall be applicable, or to that of such money or chattel per- 
 sonal, the payment or delivery of which shall be evidenced by such 
 valuable security. 
 
 9. The term "muniment of title" shall be deemed to include 
 any writing as before defined in section five of this chapter, which 
 is or shall be evidence of the title, or of any part of the title to any 
 real estate, or to any interest therein ; and any entry of the ac- 
 knowledgment or registry of any such writing, or of any judgment 
 or recognizance of or concerning any real estate, or any interest 
 therein, under the provisions of any act of the assembly of this 
 province. 
 
 10. The term "cattle" shall be deemed to include any horse, 
 mule, ass, sheep, pig or goat, whatsoever be the age or sex of the 
 animal ; and also every bull, cow, heifer, calf or ox. 
 
 11. When the term " cattle" is used, or any particular animal 
 is mentioned by name, the term shall, unless it be otherwise pro- 
 vided, be deemed to signify living cattle, or a living animal so 
 named. 
 
 12. When the term "night time" is used, that time shall be 
 deemed to commence at nine o'clock in the evening of each day, 
 and to conclude at six o'clock in the morning of the next succee- 
 ding day ; and when the term " day time" is used, that time shall 
 be deemed to commence at six o'clock in the morning and to con- 
 clude at nine o'clock in the evening of each day. 
 
 13. The terms "imprisoned" and "imprisonment," whereso- 
 ever they occur in this title, shall be respectively deemed and taken 
 to mean and include imprisonment in the provincial penitentiary. 
 
 14. When the having any matter or thing in the custody or 
 possession of any person is in any chapter of this title expressed to 
 be an offence, if any person shall have any such matter or thing in 
 his personal custody or possession, or shall knowingly or wilfully 
 have any such matter or thing in any dwelling house or other buil- 
 ding, lodging, apartment, field, or other place open or enclosed, whe- 
 ther belonging to, or occupied by himself or not, and whether such 
 matter or thing shall be so bad for Ws own use or benefit, or for 
 
 tHftt of iowtbw, mj Sttob persow gljaU^iQ deemed aR^takeR tfibftvi? 
 
TITLE XL.] 
 
 Chap. 167. Sect. 15. 
 
 463 
 
 such matter or thing in his custody or possession within the mean- 
 ing of such chapter, and where there are two or more persons, any 
 one or more shall, with the knowledge and consent of the rest, have 
 any such matter or thing in his or their custody or possession, it 
 shall be deemed and taken to be in the custody or possession of all 
 such persons. 
 
 15. All terms defined in any part of this title shall, when they Terms to mean as 
 occur in any other part thereof, be understood in their defined where ottawise 
 sense, unless it be otherwise provided, or the chapter, for the pur- ^JU'f^""'^"''^ '""°" 
 poses of which any such term or terms is or are defined, be parti- 
 cularly specified. 
 
 TITLE XLI. 
 
 OF THE ADMINISTRATION OF CRIMINAL JUSTICE. 
 
 CHAPTER 168. 
 
 OF THE ADMINISTRATION OF CRIMINAL JUSTICE IN THE 
 SUPREME COURT. 
 
 Section 
 
 1. Arrests, how made for offences under this 
 
 title ; proceedings thereunder. 
 
 2. Imparlance in cases of a misdemeanor to be 
 
 disallowed except on special cause shewn. 
 
 3. " Not guilty" plead in treason or felony, its 
 
 effect. 
 
 4. Proceedings where a party arraigned shall 
 
 stand mute. 
 
 5. Challenges in cases of treason and felony, to 
 
 what extent allowed and when void. 
 
 6. Plea of attainder, when not allowed. 
 
 7. Indictments, &c., not to abate by reason of 
 
 pleas of misnomer, want of addition, &c., 
 proceedings in such case. 
 
 8. On indictments for treason or felony the jury 
 
 shall not be charged to inquire respecting 
 lands, &c. 
 
 9. Counsel to be allowed pr^oners in trials for 
 
 felony. 
 10. Prisoners, &c., when entitled to copies of 
 examination of witnesses. 
 
 Section 
 
 H. Persons under trial entitled to inspect all 
 depositions, &c. 
 
 12. Benefit of clergy abolished ; counts may be 
 
 joined as heretofore. 
 
 13. Accessories before the fact, who shall be 
 
 deemed j how, when, and where they may 
 be tried. 
 
 14. Accessories after the fact, how, when and 
 
 where tried. 
 
 15. Accessories may be convicted and punished 
 
 although the principal have not been at- 
 tainted. 
 
 16. Accessories before the fact in cases of felony 
 
 may be tried and punished as a principal. 
 
 17. Charge, how set out on a second indict- 
 
 ment for felony not punishable with death. 
 
 18. Bigamy, in what county it may be tried, and 
 
 punishment therefor inflicted. 
 
 19. Indictments for feloniously stealing or re- 
 
 ceiving property, how drawn 5 proceedings 
 thereunder. 
 
464 
 
 Chap. 168. Sect. 1. 
 
 [part IV. 
 
 Section 
 
 20. Felonies and misdemeanors committed near 
 
 tlie boundaries of counties, or begun in 
 one and completed in anotlier county- 
 wliere tried and punisiied. 
 
 21. Felonies, &c. when committed in a coacli, 
 
 &c. passing through more than one coun- 
 ty, or upon a highway, kc. dividing coun- 
 ties, where may be tried and punished. 
 
 22. Forgery, altering deeds, &c. where tried 
 
 and punished. 
 
 23. Forged or altered instruments, how de- 
 
 scribed in indictments. 
 
 24. Ownership of joint property, how described. 
 
 25. Ownership of public property, how de- 
 
 scribed. 
 
 26. Ownership of property in possession of pub- 
 
 lic officers, how described. 
 
 27. Embezzlements, how may be laid, chai-ged, 
 
 and proved. 
 
 28. Injuries feloniously inflicted within the pro- 
 
 vince and a party shall die thereof out of 
 the province, or vice versa, where tried 
 and punished. 
 
 29. Persons indicted for felony may be convict- 
 
 ed of an assault ; pimishment. 
 
 30. Punishment for an assault with intent to 
 
 commit a felony. 
 
 31. No allegation of property necessary in pro- 
 
 secutions for offences under sec. 12, chap. 
 16-i. 
 
 32. ^"hat allegations sufficient for prosecution 
 
 of offences under sec. 13, chap. 164. 
 
 33. Receivers of stolen goods, &c. how indicted, 
 
 convicted, and ijunished. 
 
 34. Receivers of stolen goods, &c., where may 
 
 be indicted, convicted, and punished. 
 3G. Stolen goods, when and to whom to be re- 
 stored. 
 
 36. Certificates of conviction for previous felo- 
 
 ny how given and proved •, punishment 
 for false certificates. 
 
 37. Quaker or Moravian may make solemn affir- 
 
 mation j form given. 
 
 Sbction 
 
 38. Judgments not to be stayed or reversed for 
 
 want of formal averments unnecessary to 
 be proved, or other slight imperfections. 
 
 39. Same subject. 
 
 40. Sentence for felony where party imprisoned 
 
 or already sentenced for other offence. 
 
 41. Punishment of the pillory and whipping 
 
 abolished. 
 
 42. Persons convicted of murder how to be kept 
 
 and fed after judgment. 
 
 43. Pai'dons to felons and their effect as to sub- 
 
 sequent convictions. 
 
 44. Punishment endured forfelonie^ not punish- 
 
 able with death to have the effect of par- 
 dons. 
 
 45. Competency of witnesses on trial for forge- 
 
 ries, &c. 
 
 46. Amendment of indictments, informations, 
 
 &c. 
 
 47. On an indictment for child-murder the jury 
 
 may find the mother guilty of endeavoring 
 to conceal the birth. 
 
 48. Proceedings where sentence of death is 
 
 commuted by exercise of the preroga^ 
 tive. 
 
 49. Charges of conveying prisoners to jail to be 
 
 defrayed toy themselves when of ability ; 
 proceedings to recover the same. 
 
 50. Constable's expenses, how allowed and paid. 
 
 51. Poor witnesses, how may be paid their ex- 
 
 penses. 
 
 52. "Where county treasurers have no funds the 
 
 expenses mentioned in the two last sec- 
 tions to be paid out of the public trea- 
 sury. 
 
 53. In the absence of the attorney and solicitor 
 
 general the court shall appoint oflacere to 
 prosecute on behalf of the crown ; costs, 
 how taxed. 
 
 54. Costs taxed, how paid. 
 
 55. Party convicted, if of ability, may be ad- 
 
 judged to pay the expense of prosecu- 
 tion. 
 
 Arrests how made 
 for offeuces under 
 this title i pro- 
 ceedings there- 
 under. 
 
 1. Any person found committing any offence against property 
 punishable by virtue of this title, may be immediately apprehended 
 ■without a warrant, by a peace officer, or by the owner of the pro- 
 perty, or by his servant, or by any person authorized by him, and 
 forthwith taken before some neighboring justice of the peace, to be 
 dealt with according to law ; and if any credible witness shall prove 
 upon oath before a justice of the peace, a reasonable cause to sus- 
 pect that any person has in his possession, or on his premises, any 
 property whatsoever, with respect to which any such offence shall 
 have been committed, the justice may grant a warrant to search for 
 such property aa in the case of stolen goods ; and any person to 
 whom any property shall be offered to be sold, pawned or delivered, 
 if he shall have reasonable cause to suspect that any such offence 
 
TITLE xLi.] Chap. 168. , SiidT. 2—8. 465 
 
 has been committed with respect to such property, is hereby autho- 
 rized, and, if in his power, is required to apprehend and forthwith 
 to carry before a justice of the peace the party offering the same, 
 together with such property, to be dealt with according to law. 
 
 2. When any person shall be prosecuted for a misdemeanor imparlance in 
 
 • ,i 1 • (> , • • T , .Tin • cases of a misde- 
 
 eitner by intormation or indictment, and shall appear in person or meanor to be dis- 
 hy attorney in term time to answer thereto, such defendant, on oll^reciai caX 
 being charged therewith, shall not be permitted to imparl to a fol- shown. 
 lowing term, but shall plead or demur thereto ; and the trial, where 
 a trial shall be required, may thereupon proceed in the same term 
 in the time and in manner in such behalf respectively as may be 
 directed or required by the order, rules or practice of the court ; 
 and in default of any such plea or demurrer, judgment for want of 
 a plea may be entered against the defendant in default ; but the 
 court, on sufficient cause shewn, may allow further time for such 
 defendant to plead or demur to such indictment or information, or 
 to go to trial thereon. 
 
 8. If any person being arraigned upon an indictment for trea- "i^adecunti-eason 
 son or felony shall plead thereto a plea of " not guilty," he shall, or feiony, its 
 by such plea, without any further form, be deemed to have put 
 himself upon the country for trial, and the court shall in the usual 
 manner order a jury for the trial of such person accordingly. 
 
 4. If any person being arraigned upon or charged with any Proceedings 
 indictment or information for treason, felony or misdemeanor, shall raided Ihln ^'' 
 stand mute of mahce or will not answer directly to the indictment *"""* """^• 
 
 or information, in every such case the court, if it shall so think fit, 
 may order the proper officer to enter a plea of " not guilty" on 
 behalf of such person, and the plea so entered shall have the same 
 force and effect as if such person had actually pleaded the same. 
 
 5. If any person indicted for treason or felony shall challenge challenges in 
 peremptorily a greater number of men returned to be of the jury S feionyrto™ 
 than thirty-five in cases of treason and twenty in cases of felony, "hat extent ai- 
 
 •' -I ii 1 11 1 11 1 • 1 l""od and when 
 
 every peremptory challenge beyond the number so allowed m the void. 
 said cases respectively shall be entirely void, and the trial of such 
 person shall proceed an if no such challenge had been made. 
 
 6. No plea setting forth any attainder shall be pleaded in bar P'^a of attainder, 
 of any indictment, imless the attainder be for the same offence as '™™ " "^'^ . 
 that charged in the indictment. 
 
 7. No indictment or information shall be abated by reason of indictments, &c. 
 any dilatory plea of misnomer, or want of addition, or of wrong ""a'son o? pfea7of 
 addition of the party offering such plea, if the court shall be satis- S'TaTtton,"!"!- 
 fied, by affidavit or otherwise, of the truth of such plea ; but in proceedings in 
 such case the court shall forthwith cause the indictment or inform- ^''° °'^°' 
 ation to be amended, according to the truth, and shall call upon 
 
 such party to plead thereto, and shall proceed as if no dilatory plea 
 had been pleaded. 
 
 8. Where any person shall be indicted for treason or felony, On indictments 
 the jury impannelled to try such person shall not be charged to in- iony'^thrju?J "' 
 
 CQ shall not be 
 
466 Chap. 168. Sect. 9—13. [part iv. 
 
 charged to in- quire conceming his lands, tenements or goods, nor whether he 
 
 quii-e respectiog A i f i^ i»i o/ 
 
 lands, &c. fled tor such treason or ielony. 
 
 Counsel to be ai- 9. All persons tried for felonies shall be admitted, after the 
 
 in"tria^"forfeio- close of the case for the prosecution, to make full answer and de- 
 
 "y- fence thereto by counsel. 
 
 Prisoners, &c. 10. All porsous who shall be held to bail, or committed to pri- 
 
 wheu entitled to n re i n t_ j^ii j x • J T- i 
 
 copies of exami- SOU, lor any offcnce, shall be entitled to require and have on de- 
 nessel "^ """ mand from the persons who shall have the lawful custody thereof, 
 and who are hereby required to deUver the same, copies of the 
 examination of the witnesses respectively, upon whose depositions 
 they have been so held to bail or committed to prison, on payment 
 of a reasonable sum for the same, not exceeding three half-pence 
 for each foho ; but if such demand shall not be made before the 
 day appointed for the commencement of the term or sitting of the 
 court, at which the trial of the person on whose behalf such de- 
 mand shall be made is to take phice, such person shall not be enti- 
 tled to have any copy of such examination of witnesses, unless the 
 court shall be of opinion that such copy may be made and delivered 
 without delay or inconvenience to such trial ; and it shall be com- 
 petent for the court, if it shall think fit, to postpone such trial on 
 account of such copy of the examination of witnesses not having 
 been previously had by the party charged. 
 Persons under H. All pcrsous undor trial shall be entitled, at the time of 
 
 Inspect aifdepo- their trial, to inspect, without fee or reward, all depositions, or co- 
 8iiions,&c. pjgg thereof, which have been taken against them, and returned in 
 
 the court before which such trial shall be had. 
 Benefit of clergy 12. Benefit of clergy, with respect of persons convicted of fe- 
 may'ife' joined"!^ louy, shall be aboUshod ; but nothing herein contained shall prevent 
 heretofore. ^]jg joindor in any indictment of any counts which might have been 
 
 joined before the passing of this chapter. 
 Accessories be- 13. If any persou shall counsel, procure or command any other 
 shaii'bc- deemed" pcrsou to commit any felony, the person so counselling, procuring 
 iiow, when, and or Commanding, shall be deemed guilty of felony, and may be in- 
 be tried. dictcd and convicted either as an accessory before the fact to the 
 
 principal felony, together with the principal felon, or after the con- 
 viction of the principal felon, or may be indicted and convicted of 
 a substantive felony, whether the principal felon shall or shall not 
 have been previously convicted, or shall or shall not be amenable to 
 justice, and may be punished in the same manner as any accessory 
 before the fact to the same felony, if convicted as an accessory, may 
 be punished ; and the ofience of the person so counselling, procuring 
 or commanding, howsoever indicted, may be inquired of, tried, de- 
 termined and punished in the same manner as if such ofience had 
 been committed at the same place as the principal felony ; and in 
 case the principal felony shall have been committed within the body 
 of any county, and the ofience of counselling, procuring or com- 
 manding shall have been committed within the body of any other 
 county, the last mentioned ofience may be inquired of, tried and 
 punished in either of such counties ; but no person who shall be 
 
TITLE XLi.] Chap. 168. Skct. 14—19. 467 
 
 once duly tried for any such offence, whether as an accessory before 
 the fact or as for a substantive felony, shall be liable to be again 
 indicted or tried for the same offence. 
 
 14. If any person shall become an accessory after the fact to Accessories after 
 any felony, the offence of such person may be inquired of, tried, wher^lid There 
 determined and punished, in the same manner as if the act, by rea- '™'^- 
 
 son whereof such person shall have become an accessory, had been 
 committed at the same place as the principal felony ; and in case 
 the principal felony shall have been committed within the body of 
 any county, and the act by reason whereof any person shall have 
 become accessory, shall have been committed within the body of 
 any other county, the offence of such accessory may be inquired 
 of, tried, determined and punished, in either of such counties ; but 
 no person who shall be once duly tried for any offence of being an 
 accessory, shall be again indicted or tried for the same offence. 
 
 15. If any principal offender shall be in anywise convicted of Accessories may 
 any felony, it shall be lawful to proceed against any accessory, pL^ishMflt- "'"' 
 either before or after the fact, in the same manner as if such prin- ^^°l^\l^° p™- 
 cipal felon had been attainted thereof, notwithstanding such princi- teen attainted. 
 pal felon shall die or be pardoned, or otherwise delivered before the 
 attainder ; and every such accessory shall suffer the same punish- 
 ment, if he be in anywise convicted, as he should have suffered if 
 
 the principal had been attainted. 
 
 16. If any person shall become an accessory before the fact to Accessories be- 
 any felony, such person may be indicted, tried, convicted and pu- rasM^o^f Sny 
 nished in all respects as if he were a principal felon. "^y. '?f ^"<"^ »i"i 
 
 ifr T ■ T o !• 1 -111 -in T PUi'shed as a 
 
 17. in any indictment tor any telony not punishable with death, principal. 
 committed after a previous conviction for a felony, it shall be sufE- ouro^a sLrand 
 cient to state that the offender was at a certain time and place con- MOTy" „" punlsh- 
 victed of felony without otherwise describing the previous felony, ^we wuh death. 
 
 18. In every case of bigamy the offence may be dealt with, in- Bigamy, in what 
 quired of, tried and punished in the county where the offender shall SJ and "uiush! 
 be apprehended or be in custody as if the offence had been actually "i™^'^"'"*'" """ 
 committed in that county. 
 
 19. In every indictment for feloniously stealing property, it indictments for 
 shall be lawful to add a count for feloniously receiving the same ing m°?eEiving" 
 property knowing it to have been stolen ; and in any indictment ^"p"''^ > ^""^ 
 for feloniously recei\'ing property knowing it to have been stolen, dings thereunder. 
 it shall be lawful to add a count for feloniously stealing the same 
 
 property ; and where any such indictment shall have been prefer- 
 red and found against any person, the prosecutor shall not be put 
 to his election, but it shall be lawful for the jury who shall try the 
 same to find a verdict of guilty either of steaUng the property or 
 of receiving it knowing it to have been stolen ; and if such indict- 
 ment shall have been preferred and found against two or more per- 
 sons, it shall be lawful for the jury who shall try the same to find 
 all or any of the said persons guilty either of stealing the property 
 or of receiving it knowing it to have been stolen, or to find one or 
 more of the said persons guilty of stealing the property, and the 
 
468 CaAP. 168, Sect. 20—22. ' [part iv. 
 
 other or others of them guilty of receiving it knowing it to have 
 
 been stolen. 
 
 Felonies and mis- 20. When any felony or misdemeanor shall be committed on 
 
 m'i'tterneL-''°he *^® boundary or boundaries of two or more counties, or within the 
 
 boundiines of distance of one mile from any such boundary or boundaries, or in 
 
 gu'n'inone'and any place Or places with respect to which it may be uncertain 
 
 th"-''lount"''°° within which of two or more counties such place or places may be 
 
 'mikheci"'''^ ''"^ situate, or when any felony or misdemeanor shall be begun in one 
 
 county and completed in another, every such felony or misdemeanor 
 
 may be dealt with, inquired of, tried and punished in any of the 
 
 said counties in the same manner as if it had been actually and 
 
 wholly committed therein. 
 
 Felonies, S:c. 21. Whcu auy folouy or misdemeanor shall be committed on 
 
 \7hen committed • i. n > • 
 
 in a, coacb, &c. ^uy persou, Or on or m respect ot any property, or m or upon any 
 nw-e"than™'J^'' coach, waggou. Cart, sleigh, sled or other carriage whatever em- 
 county or upon a plovcd in any iourney, or shall be committed on any person, or on 
 viding counties, or m respect ot any property on board any vessel or boat whatso- 
 triedand'im-''" ©^^r employed on any voyage or journey upon any navigable river, 
 nished. canal or inland navigation, or on or in respect of any property in, 
 
 upon, or forming part of any raft whatever passing in or upon any 
 such navigable river, canal or inland navigation, such felony or 
 misdemeanor may be dealt with, inquired of, tried, determined and 
 punished in any county through any part whereof such coach, wag- 
 gon, cart, sleigh, sled, carriage, vessel, boat or raft shall have pas- 
 sed in the course of the journey, voyage or passage during which 
 such felony or misdemeanor shall have been committed, in the same 
 manner as if it had been actually committed in such county ; and 
 in all cases where the side, centre, or other part of any highway, 
 or the side, bank, centre, or other part of any such river, canal or 
 navigation shall constitute the boundary of any two counties, such 
 felony or misdemeanor may be dealt with, inquired of, tried and 
 punished in either of the said counties through, or adjoining to, or 
 by the boundary of any part whereof such coach, waggon, cart, 
 sleigh, sled, carriage, vessel, boat or raft shall have passed in the 
 course of the journey, voyage or passage during Avhich such felony 
 or misdemeanor shall have been committed, in the same mnnner as 
 it had been actually committed in such county. 
 Foi-Kerr aiteiin- -^^- -^^ ^^J P^rsou sliall commit any offence of forging, or al- 
 .ieed3,'&c. wiierS teriug any deed, writing, instrument, or other matter whatsoever, 
 ni'ih:d." ^" or of offering, uttering, disposing of, or putting off, any deed, wri- 
 ting, instrument, or other matter whatsoever, knowing the same to 
 be forged or altered, with intent to defraud any person whomso- 
 ever, the offence of every such offender may be dealt with, indicted, 
 tried and punished, and laid and charged to have been committed 
 in any county or place in which he shall be apprehended or in cus- 
 tody, as if his offence had been actually committed in that county 
 or place ; and every principal in the second degree, and every ac- 
 cessory, may be dealt with, indicted, tried, and punished, and. his 
 offence laid and charged to liave been committed in any county or. 
 place in which the principal offender may be tried. 
 
TITLE XLL] Chap. 168. Sect. 23— 27. 469 
 
 23. In all informations or indictments for forgery, or in any roiged or aitereri 
 manner altering any deed, writing, instrument, or other matter £riMin'in-°"' 
 whatever, it shall not he necessary to set forth any copy or fac si- dictments. 
 mile thereof, but it shall be sufficient to describe the same in such 
 
 manner as would sustain an indictment for stealing the same. 
 
 24. In any indictment or information for any felony or misde- ownership of 
 meaner, whenever it shall be necessary to state the ownership of ["ow dSbS' 
 any property whatsoever, whether real or personal, which shall 
 
 belong to, or be in the possession of more than one person, whether 
 such persons be partners in trade, joint tenants, parceners, or ten- 
 ants in common, it shall be sufficient to name one of such persons, 
 and to state such property to belong to the person so named, and 
 another or others, as the case may be ; and whenever in any indict- 
 ment or information for any felony or misdemeanor, it shall be 
 necessary to mention, for any purpose whatsoever, any partners, 
 joint tenants, parceners, or tenants in common, it shall be sufficient 
 to describe them in the manner aforesaid, and this provision shall 
 be construed to extend to all joint stock companies and trustees. 
 
 25. In any indictment or information for any felony or misde- Ownership of 
 meaner committed in, upon, or with respect to any bridge, court- how aescribed.^' 
 house, jail, house of correction, infirmary, asylum, or other buil- 
 ding erected or maintained, in whole or in part, at the public expense, 
 
 in any county, or on or with respect to any goods or chattels what- 
 soever, provided for or at the public expense in any county, to be 
 used for building, altering, or repairing any such bridge, court- 
 house, or other building, or to be used in or with any such bridge, 
 court-house, or other building, it shall be sufficient to state any 
 such property, real or personal, to belong to the inhabitants of such 
 county, and it shall not be necessary to specify the names of any 
 such inhabitants. 
 
 26. In any indictment or information for any felony or misde- ownership of pro- 
 meanor committed on or with respect to any buildings, or any goods ^ion^of "lEom- 
 or chattels, or any other property, real or personal, in the occupa- scribe'd™ '^"' 
 tion, or under the superintendance, charge or management of any 
 
 public officer or commissioner, or any county or township officer or 
 commissioner, it shall be sufficient to state any such property to 
 belong to the officer or commissioner in whose occupation, or under 
 whose superintendance, charge or management such property shall 
 be, and it shall not be necessary to specify the names of any such 
 officers or commissioners. 
 
 27. In prosecutions for embezzlement it shall be lawful to Embezzlements, 
 charge in the indictment, and proceed against the oifender, for any |!i""j. "',"^30^^'*'"' 
 number of distinct acts of embezzlement, not exceeding three, i>rovcd.' 
 which may have been committed by him against the same master, 
 
 within the space of six months from the first to the last of such 
 iffits ; and in every such indictment) except where the offence shall 
 relate to any chattel, it shall be sufficient to allege the embezzle- 
 ment to be of money, without specifying any particular coin or va-- 
 Inable security ; arid such- allegation so far as regards the descrip- 
 tion of rthe property, .shajl be sustained, if the offender shall be. 
 
470 Chap. 168. Sect. 28—33. [part iv. 
 
 proved to have embezzled any amount, although the particular 
 species of coin or valuable security of which such amount was com- 
 posed, shall not be proved, or if he shall be proved to have embez- 
 zled any piece of coin or valuable security, or any portion of the 
 value thereof, although such piece of coin or valuable security ma.y 
 have been delivered to him in order that some part of the value 
 thereof should be returned to the party delivering the same, and 
 such part shall have been returned accordingly. 
 Injuries feioni- 28. Where any person being feloniously stricken, poisoned, or 
 within the^pro- Otherwise hurt upon the sea, or at any place out of this province, 
 vince and a party ghall die of such strolcc, poisouing or hurt, in this province, or 
 out of the pro- being feloniously stricken, poisoned or otherwise hurt, at any place 
 Kcrsa, wher" i^ tWs proviuce, shall die of such stroke, poisoning or hurt, upon 
 nlhed"* """ ^^^ ®®^' °^ ^* ^^y place out of this province, every offence commit- 
 ted in respect of any such case, whether the same shall amount to 
 the offence of murder or of manslaughter, or of being accessory 
 before the fact to murder, or after the fact to murder or man- 
 slaughter, may be dealt with, inquired of, tried, and punished, in 
 the county or place in this province, in which such death, stroke, 
 poisoning or hurt, shall happen, in the same manner in all respects 
 as if such offence had been wholly committed in that county or 
 place. 
 Persons indictea 29. On the trial of any person for any felony where the crime 
 convlS S^'an'"' charged shall include an assault against the person, it shall be law- 
 assauif, punish- f^j fQj. i\^q j^j-y ^q acquit of the felony and to find a verdict of 
 guilty of assault against the person indicted, if the evidence shall 
 warrant such finding ; and when such verdict shall be found, the 
 court shall have power to sentence the person so found guilty of 
 an assault to be committed to jail or imprisoned in the penitentiary 
 for a term not exceeding three years, as the court shall direct. 
 Punishment for 30. Whcu any person shall be convicted of an assault with in- 
 iirtent"to"commit ^^^^ ^° commit a felony, the court may sentence the offender to be 
 a fuiony. Committed to jail or imprisoned in the penitentiary for a term not 
 
 exceeding two years, as it shall direct ; and may also, if it shall so 
 think fit, require him to find sureties for keeping the peace. 
 No allegation of 31. In an indictment for any offence within the meaning of the 
 smy^in^prosMu- twelfth sectiou of chapter one hundred and sixty-four, it shall not 
 undei'°scc°'^i2r^ ^c uecBSsary to allege that the article in respect of which the 
 chap. 164. offence is committed is the property of any person, or that the 
 
 same is of any value. 
 What allegations 32. In an iudictmcnt for any offence within the meaning of the 
 6ecation'o7of™" thirteenth section of chapter one hundred and sixty-four, it shall be 
 iT'chapl'iei.^'^'^' sufficient to allege the thing stolen to be evidence of the title or 
 part of the title of the persons or some one of thfe persons having 
 a present interest, whether legal or equitable, in the real estate to 
 which the same relates, and to mention such real estate or some 
 part thereof; and it shall not be necessary to allege the thing sto- 
 len to be of any value. 
 nceeiTcrs of sto- 33. If any person shall receive any chattel, money, valuable 
 ten gooas, &c. gggyj.j(.y Qj. Q^jjgj. pfopcrty, the stealing, taking, obtaining or con-! 
 
TITLE XLt] Chap, 168. Sect. 34— 36> 471 
 
 verting whereof is an indictable misdemeanor, such person knowing how indicted, con- 
 the same to have been unlawfully stolen, taken, obtained or con- nished'."" ""' 
 verted, every such receiver shall be guilty of a misdemeanor, and 
 may be indicted and convicted thereof whether the person guilty of 
 the principal misdemeanor shall or shall not have been previously 
 convicted thereof, or shall or shall not be amenable to justice ; and 
 every such receiver shall be punished in the manner provided for 
 the person guilty of the principal misdemeanor. 
 
 34. If any person shall receive any chattel, money, valuable Ecceivcis of sto- 
 security or other property, knowing the same to have been felo- whe/e°mly be^in- 
 niously or unlawfully stolen, taken, obtained or converted, every andtiiSd.""'' 
 such person, whether charged as an accessory after the fact to the 
 
 felony or with a substantive felony, or with a misdemeanor only, 
 may be dealt with, indicted, tried and punished in any county or 
 place in which he shall have or shall have had any such property 
 in his possession or in any county or place in which the party 
 guilty of the principal felony or misdemeanor may by law be tried 
 in the same manner as such receiver may be dealt with, indicted, 
 tried and punished in the county or place where he actually recei- 
 ved such property. 
 
 35. If any person guilty of any felony or misdemeanor, in stolen goods, 
 
 . -i. . 1 • T.i • • r- ■ 1 ■ 1 • ■ when and to 
 
 steaung, taking, obtammg or convertmg, or m knowmgly receivmg whom to bo re- 
 any chattel, money, valuable security, or other property, shall be "°'''^'^' 
 indicted for any such offence, by or on the behalf of the owner of 
 the property, or his executor or administrator, and convicted thereof, 
 in such case the property shall be restored to the owner or his re- 
 presentative ; and the court before whom any such person shall be 
 convicted, shall have power to order the restitution thereof, and the 
 court may in like manner, if it shall see fit, order the restitution of 
 property in cases where the party so indicted as aforesaid may not 
 be convicted, if the jury shall declare that the property is in the 
 prosecutor, and had been stolen, or taken or obtained from him by 
 felony or misdemeanor aforesaid, — provided always, that if it shall 
 appear, before any award or order made, that any valuable security 
 shall have been bona fide paid or discharged by some person, or 
 body corporate, liable to the payment thereof, or being a negotiable 
 instrument, shall have been bona fide taken, or received by transfer 
 or delivery, by some person or body corporate, for a just and va- 
 luable consideration, without any notice, or without any reasonable 
 cause to suspect that the same had by any felony or misdemeanor 
 been stolen, taken, obtained or converted as aforesaid, in such case 
 the court shall not award or order the restitution of such security. 
 
 36. In any indictment for a felony, not punishable with death, certiflcatea of 
 committed after a previous conviction of felony, a certificate con- p^eviSus feio°ny 
 taining the substance and effect, omitting the formal part of the OToved™",uni^h- 
 indictment and conviction for the previous felony, purporting to be "<;nt for Mse 
 signed by the clerk of the court or other officer having the custody 
 
 of the records of the court where the offender was first convicted, 
 or by the deputy of such clerk or officer, shall upon proof of the 
 
472 
 
 CSAP. 168. Sect. 37^0. 
 
 [part IV. 
 
 Quaker or Mora^ 
 vian may make 
 solemn affirma- 
 tion ; form given. 
 
 Judgments not to 
 be stayed or re- 
 versed for want of 
 formal averments 
 unnecu'ssary to 
 be proved, or 
 other slight im- 
 perfections. 
 
 Same subject. 
 
 Sentence for fe- 
 lony where party 
 
 identity of the person of the offender, be sufficient evidence of the 
 first conviction, -vvithout proof of the signature or official character 
 of the person appearing to have signed the same ; and if any such 
 clerk, officer or deputy, shall utter a false certificate of any indict- 
 ment and conviction for a previous felony, or if any person other 
 than such clerk, officer or deputy, shall sign any such certificate as 
 such clerk, officer or deputy, or shall utter any such certificate with 
 a false or counterfeit signature thereto, every such offender shall be 
 guilty of felony. 
 
 37. Any quaker or moravian who shall be required to give evi- 
 dence in any criminal case, shall, instead of taking an oath in the 
 usual form, be permitted to take his solemn affirmation or declara- 
 tion in the words following, that is to say : " I, A. B., do solemnly, 
 sincerely and truly declare and affirm ;" which said affirmation or 
 declaration shall be of the same force and effect in all courts of jus- 
 tice and other places, where by law an oath is required, as if such 
 quaker or moravian had taken an oath in the usual form. 
 
 38. No judgment upon any indictment or information for any 
 felony or misdemeanor, whether after verdict or outlawry, or by 
 confession, default or otherwise, shall be stayed or reversed for 
 want of the averment of any matter unnecessary to be proved, nor 
 for the omission of the words " as appears by the record" or of the 
 words " with force and arms," or of the words "against the peace," 
 nor for the insertion of the words " against the form of the statute" 
 instead of the words "against the form of the statutes," or vice 
 versa, nor for that any person or persons mentioned in the indict- 
 ment or information is or are designated by a name of office or 
 other descriptive appellation instead of his, her, or their proper 
 name or names, nor for omitting to state the time at which the 
 offence was committed in any case where time is not of the essence 
 of the offence, nor for stating the time imperfectly, nor for stating 
 the offence to have been committed on a day subsequent to the 
 finding of the indictment or exhibiting the information, or on an 
 impossible day, or on a day that never happened ; nor for want of 
 a proper or perfect venue, where the court shall appear by the in- 
 dictment or information to have had jurisdiction over the offence. 
 
 39. No judgment after verdict upon any indictment or infor- 
 mation for any felony or misdemeanor shall be stayed or reversed 
 for want of a similiter, nor by reason that the jury process has 
 been awarded to a wrong officer upon an insufficient suggestion, 
 nor for any misnomer or misdescription of the officer returning 
 such process or of any of the jurors, nor because any person has, 
 served upon the jury who has not been returned as a juror by the 
 sheriff or other officer, and that where the offence charged has beem 
 created by any statute or subjected to a greater degree of punish- 
 ment by any statute, the indictment or information shall, after 
 verdict, be held sufficient to warrant the punishment prescriljed by 
 the statute, if it describe the offence in the words of the statute. 
 
 40. Wherever sentence shall be passed for felony on a person • 
 
TiTiE XLi.] Chap. 168. Sect. 41—44. 473 
 
 already imprisoned under sentence for another crime, it sLall be imprisoned or ai- 
 
 1 c 1 r 1 1 • • nil J. I'o^dy sentenced 
 
 Jiawtul tor trie court to award imprisonment for the subsequent tor another of- 
 
 offence to commence at the expiration of the imprisonment to ■which 
 
 such person shall have been previously sentenced ; and where such 
 
 person shall be already under sentence of imprisonment, the court 
 
 may award such sentence for the subsequent offence, to commence 
 
 at the expiration of the imprisonment to which such person shall 
 
 have been previously sentenced, although the aggregate term of 
 
 imprisonment may exceed the term for which punishments could 
 
 be otherwise awarded. 
 
 41. Judgment or sentence shall not be given and awarded Punishment of 
 against any person convicted of any offence, that such person do wupping^abo- 
 suffer the punishment of being set in the pillory or of having his ''*'"^''' 
 
 ears nailed thereto or cut of, or do suffer the punishment of being 
 "whipped. 
 
 42. Every person convicted of murder shall, after judgment, Persons convicted 
 be confined in some place within the prison apart from all other bl"k"pt'^'and"fed 
 prisoners, and shall be fed with bread and water only, and with no *"" J"<)s°>™'- 
 other food or liquor except in case of receiving the sacrament, or in 
 
 case of any sickness or wound, in which case the surgeon of the 
 prison may order other necessaries to be administered ; and no 
 person but the jailer or his servants, and the chaplain and surgeon 
 of the prison, shall have access to any such convict without the 
 permission in writing of the court or judge before whom such con- 
 vict shall have been tried, or of the sheriff or his deputy : provided 
 always, that in case the court or judge shall think fit to respite the 
 execution of such convict, such court or judge may, by a license 
 in writing, relax during the period of the respite, all or any of the 
 restraints or regulations hereinbefore directed to be observed. 
 
 43. Where the queen's majesty shall be pleased to extend her Panions to feions 
 royal mercy to any offender convicted of any felony punishable with to"sub?iquent"'^ 
 death or otherwise, and' by warrant under her royal sign manual convictions. 
 countersigned by one of her principal secretaries of state, shall 
 
 grant to such offender either a free or a conditional pardon, the dis- 
 charge of such offender out of custody in the case of a free par- 
 don, and the performance of the condition in the case of a condi- 
 tional pardon, shall have the effect of a pardon under the great 
 seal for such offender, as to the felony for which such pardon shall 
 be so granted : provided always, that no free pardon, nor any such 
 discharge in consequence thereof, nor any conditional pardon, nor 
 the performance of the condition thereof, in any of the cases afore- 
 said, shall prevent or mitigate the punishment to which the offender 
 might otherwise be lawfully sentenced on a subsequent conviction, 
 for any felony committed after the granting of such pardon. 
 
 44. Where any offender hath been or shall be convicted of any Punishment en- 
 felony not punishable with death, and hath endured or shall endure norpunishawe'''' 
 the punishment to which such offender hath been or shall be ad- ^a™''ihe*^°(., 
 judged for the same, the punishment so endured hath and shall pardons. 
 have the like effects and consequences as a pardon under the great 
 
 60 
 
474 
 
 Chap; 168. -Sect. >45— 4$. 
 
 [PAET ly. 
 
 Competency of 
 mtnesses on trial 
 for forgery, &c. 
 
 Amendment of 
 indictments, in- 
 formiitioDS, &c. 
 
 On an indictment 
 for child-murder 
 the jury may lind 
 the mother guilty 
 of endeavoring to 
 conceal the bu-th. 
 
 Proceedings 
 where sentence of 
 death is commu- 
 ted by exercise of 
 the prerogative. 
 
 seal as to the felony ■whereof' the offender was So convicted, provi- 
 ded always that nothing herein contained nor the enduring of such 
 punishment shall prevent or mitigate any punishment to which the 
 offender might otherwise be lawfully sentenced on a subsequent 
 conviction for any other felony. 
 
 45. On any prosecution by indictment or information against 
 any person for forging any deed, writing, instrument or other mat- 
 ter, or for uttering or disposing of any deed, writing, instrument 
 or other matter knowing the same to be forged, or for being acces- 
 sory to any such offence if the same be a felony, or for aiding, 
 abetting or counselling the commission of any such offence if the 
 same be a misdemeanor, no person shall be deemed to be an incom- 
 petent witness in support of any such prosecution by reason of any 
 interest which such person may have or be supposed to have in rcr 
 spect of such deed, writing, instrument, or other matter. 
 
 46. It shall be lawful for the court, if it shall see fit, to cause 
 the indictment or information for any offence when any variance 
 shall appear between any matter in writing or in print produced 
 in evidence, and the recital or setting forth thereof in the indict- 
 ment or information whereon the trial is pending, to be forthwith 
 amended in such particular or particulars by some officer of the 
 court, and after such amendment the trial shall proceed in the 
 same manner in all respects both with regard to the liability of 
 witnesses to be indicted for perjury and otherwise, as if no variance 
 had appeared. 
 
 47. If on the trial of any woman for murder of her child 
 she shall be acquitted thereof, it shall be lawful for the jury by 
 whose verdict she shall be acquitted, to find in case it shall so ap- 
 pear in evidence, that she was delivered of a child, and that she 
 did by secret burying or otherwise disposing of the dead body of 
 such child endeavour to conceal the birth thereof, and thereupon 
 the court may pass such sentence as if she- had been convicted upon 
 an indictment for the concealment of the birth. 
 
 48. Whenever the governor shall exercise the prerogative of 
 the crown, by extending mercy to any offender convicted of any 
 crime punishable with death, upon condition of imprisonment with 
 hard labor in the provincial penitentiary either for the term of life 
 or for any number of years, and shall make the same known to the 
 court before which such offender hath been or shall be convicted, 
 such court shall allow to such offender the benefit of a conditional 
 pardon, and make an order for the immediate imprisonment of such 
 offender under and upon the terms and conditions therein expres- 
 sed ; and in case such intention of mercy shall be made known to 
 any judge of the supreme court, such judge shall allow to such 
 offender the benefit of a conditional pardon, and make an order for 
 the immediate imprisonment, with hard labor, of such offender in 
 the provincial penitentiary, in the same manner as if such intention 
 of mercy had been signified to any such court as aforesaid ; and 
 such allowance and order shall be considered an .allo:wance an^ 
 
 . J 
 
TITLE XLi."] OHAP.riea- ■ Sec*; 49— 51, 475 
 
 order made by ihe court before which, such offender was convicted, 
 and shall be entered on the records of the same court by the pro- 
 per officer thereof, and shall be as efiectual to all intents and pur- 
 poses and have the same consequences as if such allowance and 
 order had been made by the same court during the continuance 
 thereof; and every such order, whether made by the court or any 
 judge of the supreme court as aforesaid, shall subject the offender 
 to be conveyed to the provincial penitentiary and there kept to 
 hard labor during the term of imprisonment mentioned therein, in 
 like manner as if such imprisonment had been imposed as a punish- 
 ment by the sentence of any court by authority of law. 
 
 -19. Any person that shall hereafter be committed to jail for chavges of con- 
 any offence or misdemeanor, having means or ability thereunto, to'jau ?" brie- 
 shall bear his own reasonable charges for conveying or sending him ^^^^^ vLl^lT' 
 to jail, and the charges also of such as shall be appointed to guard ^^""''^ p^cee- 
 him and shall so guard him thither ; and if any person shall refuse the same. 
 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 com- 
 mitted as by the discretion of the said justice shall satisfy and pay 
 the charge of his conveying and sending to the jail, the appraise- 
 ment to be made by two inhabitants of the town or place where 
 such goods or chattels shall be, and the overplus of the money 
 which shall be made thereof to be delivered to the party to whom 
 such goods shall belong. 
 
 50. If the person so to be committed shall not have or be Constable's ex- 
 
 1 1 1 111.1 1 IIP 1 penses, how al 
 
 known to nave any goods or chattels which may be sold tor such lowed and paid. 
 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. 
 
 51. AVhen any poor person shall appear on recognizance in. poor witnesses, 
 any court, to give evidence against another accused of any felony 't'ii^j"x'^,e'Jfses'''* 
 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 con- 
 sideration of his circumstances, in open court to order the trea- 
 surer 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 reasonable 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 six-pence and no more ; 
 and such treasurer is hereby required, upon delivery of such order, 
 forthwith to pay to such person or other person authorized to re- 
 ceive the same, such sum of money as aforesaid, and shall be allow- 
 ed the same in his accounts. 
 
476 
 
 Chap. 168. Sect. 52—55. 
 
 [part IV. 
 
 prosecute on be- 
 half of the crown; 
 costs, how taxed. 
 
 Where county 52. In case such treasurer shall not have any money in his 
 
 treasurers have it, .i iij» • ■, 
 
 no funds the ex- hands to pay the sum so ordered tor conveymg poor prisoners to 
 taThe' t'wo°hisT'' j^il, Or for the attendance of witnesses, the same shall be paid out 
 sections to be gf ^j^g public treasurv of the province. 
 
 p:iid out of the ^.ctti • t i n i -i-i 
 
 public treasury. 63. Whenever, in the absence ot the attorney general and so- 
 ?he"rttomey''™°d hcitor general, it shall appear to the court expedient and necessary 
 solicitor general to appoint any one counsel, to conduct and manage on behalf of 
 
 the court shall ap- , ^^ ..*^i t i , • t t* ••! 
 
 point officers to her majesty. the proceedings and tnal or any criminal prosecu- 
 tions depending before the court, it shall be lawful for the court 
 to direct any queen's counsel present therein, or, in his absence, 
 to appoint from among the barristers attending 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 attorney of 
 any party in a civil action, together with such reasonable counsel 
 fees, not exceeding for any one prosecution the sum of five pounds, 
 as the court shall deem adequate to the services performed on such 
 prosecution. But the costs to be taxed shall in no case exceed 
 seven pounds and ten shillings for all writings and papers and for 
 all counsel fees therein : and on the allowance and taxation the 
 court shall not allow for any but necessary services and expenses, 
 and notice of the time of taxation shall be given to the clerk of 
 the crown or his deputy. 
 
 54. Upon the production of a certificate under the seal 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 ge- 
 neral who shall pay the amount. 
 
 55. In all cases where the party prosecuted shall be convicted 
 and be found by the court of ability to pay the expenses of pro- 
 secution, to be taxed under this chapter, 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. 
 
 Costs taxed, 
 paid. 
 
 how 
 
 Party convicted, 
 if of ability, may 
 be adjudged to 
 pay the expense 
 of prosecution. 
 
 CHAPTER 169, 
 
 OF THE DUTIES OF JUSTICES OF THE PEACE IN CRIMINAL 
 MATTERS. 
 
 Section 
 1. Persons guilty or suspected of an indictable 
 
 ofTence, how apprehended. 
 ^. When the offence is committed on the high 
 
 seas or on lands beyond the seas. 
 3. "When an indictment is found and the party 
 
 Jjath not appeared, manner of proceeding. 
 
 Section 
 
 4. Warrants may issue on a Sunday. 
 
 5. When a warrant shall issue for an indictable 
 
 offence information must be in writing un- 
 der oath ; otherwise when a summons 
 «ball issue ; variances unobjectionable. 
 
TITLE XLI.] 
 
 Chap. 169/ Sec. 1—2. 
 
 477 
 
 Section 
 
 6. ProceedingB by summons and warrant ■, va- 
 riances may be cause for adjournment. 
 
 T- Warrant need not be returnable at any par- 
 ticular time i how and where executed on 
 fresh pursuit j of variances. 
 
 8. Warrants how endorsed ; proceedings 
 
 thereon when the prosecutor or any of the 
 witnesses shall reside in the county where 
 the prisoner is apprehended. 
 
 9. Evidence for the prosecution, how secured. 
 10' Proceedings before a justice where a party 
 
 is charged with an indictable offence ; de- 
 positions bow taken and when to be used 
 on trial, 
 
 11. Deposition to be read ; party to be cau- 
 
 tioned and questioned } his answer, if any, 
 to be reduced to writing, and may be used 
 on trial. 
 
 12. Room where examinations are taken, not 
 
 necessarily an open court. 
 
 13. Becognizanoe of prosecutor and witnessec^, 
 
 how taken ; papers how and where re- 
 turned. 
 
 14. Party may be remanded for further exami- 
 
 nations *, orders therefor ; recognizance 
 for his appearance, and how forfeited. 
 
 Section 
 
 15. Proceedings when the offence charged has 
 
 been committed in a county where the 
 justice has not jurisdiction. 
 
 16. Proceedings before tbe justice having juris- 
 
 diction in the place where the offence was 
 committed ; expenses of officer, how taxed 
 and defrayed. 
 
 17. Justices may take bail for all offences, trea- 
 
 son and felonies punishable with death ex- 
 cepted. 
 
 18. Parties how admitted to bail after commit- 
 
 ment. 
 
 19. Same subject. 
 
 20. Eecognizance how transmitted to the proper 
 
 officer ', treason and felonies punishable 
 with death bailable only by the supremo 
 court or a judge. 
 
 21. Warrants of deliverance to issue where a 
 
 party bailed from prison. 
 
 22. If the evidence is insufficient the party 
 
 shall be discharged, otherwise he shall be 
 committed or admitted to bail. 
 
 23. Jailer to give the constable a receipt for the 
 
 prisoner, setting forth his state and condi- 
 tion. 
 2i. Forms furnished in a schedule annexed. 
 
 1. In all cases where a charge or complaint (A.) shall be persons guiity or 
 made before a justice that a person has committed or is suspected Suwt oLn^ce, 
 of having committed any indictable offence within the limits of the ^"^^^ ^pp"^^- 
 jurisdiction of such justice, or that a person has committed or is 
 suspected to have committed an indictable offence out of the juris- 
 diction of such justice and is residing or is suspected to be within 
 
 the limits of the jurisdiction of such justice, if the person so 
 charged or complained against shall not then be in custody, such 
 iustioe shall issue his warrant (B.) to apprehend such person, to 
 be dealt with as therein and thereby directed ; but instead of a 
 warrant in the first instance, the justice, if he think fit, may issue 
 his summons (C.) requiring such person to appear at a certain 
 time and place therein mentioned to answer to the charge pre- 
 ferred. If after being served with such summons in manner here- 
 inafter prescribed, such person shall fail to appear in obedience 
 thereto, such justice, or any other justice of the county, may issue 
 his warrant (D.) to apprehend such person to be dealt with as in 
 such last mentioned warrant directed. But nothing in this section 
 contained shall prevent a justice from issuing the warrant herein- 
 before first mentioned at any time before or after the time men- 
 tioned in the summons for the appearance of the accused party. 
 
 2. In all cases of indictable offences committed on the high 
 seas, or in any creek, harbor, haven or other place in which the 
 admiralty of England have or claim to have jurisdiction, and in 
 all cases of offences committed on land beyond the seas for which 
 an indictment may be preferred within this province, a justice for 
 
 When the of- 
 f-;nce is commit- 
 ted on the high 
 seas or on land 
 beyond the seas. 
 
478 CA^p.:i.69;, Sibt S-^Qj [Jpaettv. 
 
 any county in wliich any petson charged with having committed 
 or being suspected to have committed any such oifeiice shall be or 
 be suspected to he, may issue his warrant (E.) to apprehend such 
 person, to be dealt with as therein and thereby directed. 
 When an in.iict- 3. Where an indictment shall be found by the grand jury 
 Srpart™i'i'a\i'i°* against a person then at large, whether such person shall have 
 not appealed, ^ggji bound bv rccognizancc to appear to answer the same or not, 
 ceeding. the pcrson acting as clerk of the court where the indictment shall 
 
 be found shall at any time afterwards after the end of the same 
 term or sittings, upon application of the prosecutor or any person 
 on his behalf, and on payment of one shilling, if such person shall 
 not have already appeared and pleaded to such indictment, grant 
 ixnto such prosecutor or person a certificate (F.), which being pro- 
 duced to a justice of the county where the offence shall in such in- 
 dictment be alleged to have been committed or in which the per- 
 son indicted shall be suspected to be, such justice shall issue his 
 warrant (G.) to apprehend the party so indicted; upon the party 
 being apprehended and being proved to be on oath the same per- 
 son charged in the indictment, the justice before whom he is 
 brought shall without further inquiry or examination, by warrant 
 (H.) commit him for trial or admit him to bail as hereinafter men- 
 tioned. If the person indicted shall then be confined in jail for 
 any other offence, then the justice, upon it being proved before him 
 upon oath that the person indicted and the person so confined are 
 the same person, shall issue his warrant (I.) directed to the keeper 
 of such jail, commanding him to detain such person in custody 
 u.ntil discharged therefrom by due course of law. 
 Warrants may 4. .V justicc of the pcaco may grant or issue any such warrant 
 
 day." °" " *'"'" or any search warrant on a Sunday as well as on any other day. 
 When a warrant 5. Whenever a charge or complaint for any indictable offence 
 Mictawroffence shall bc made before a justice, if it be intended to issue a warrant 
 in the first instance against the party charged, an information and 
 complaint thereof (A.) in writing on the oath of the informant or 
 summraTsi'i'iu of somc witucss in that behalf shall be laid before the justice; but 
 unobjectionable.^ whcrc it is intended to issue a summons in the first instance, the 
 information and complaint need not be in writing, nor upon oath, 
 but may be by parol, and no objection shall be taken or allowed to 
 any such information or complaint for any alleged defect therein in 
 substance or in form, or for any variance between it and the evi- 
 dence adduced on the part of the prosecution before the justice who- 
 shall take the examination of the witnesses in that behalf 
 proceeiiin-s by 6. Upou such information and complaint being so laid, the 
 wamnH vari- justico receiving the same may, if he shall think fit, issue his 
 cause tSj'ourn- summons Or warrant respectively, as hereinbefore directed, to cause. 
 meut. the party charged to appear as therein and thereby directed ; and 
 
 every such summons (C.) shall be directed to the party so charged 
 in and by such information, and shall shortly state the matter of 
 such information and shall require the party to whom directed, 
 to appear at a certain time and place therein mentioned, to an- 
 
 information must 
 be in writing un- 
 der oath ', other- 
 wise when a 
 
TITLE XL'I.] . :ChA^. 169] SSCT. t— 8. 4T'9 
 
 swer to such charge ; and such summons shall be served by a 
 constable or other peace officer upon the person to whom directed 
 by delivering the same to the party personally, or if he cannot 
 conveniently be met -with, then by leaving the same with some per- 
 son for him at his last or usual place of abode ; and the person who 
 shall have served the same, shall attend at the time and place and 
 before the justice in the summons mentioned, if necessary, to veri- 
 fy such service upon oath ; and if the party summoned shall not 
 appear as required, the justice shall issue his warrant (D.) to com- 
 pel his attendance as therein and thereby prescribed. If any vari- 
 ance or alleged defect in substance or in form betweeen the sum- 
 mons or warrant, and the evidence adduced in support thereof shall 
 appear to the justice to be such that the party charged has been 
 deceived or misled thereby, such justice, at the request of the 
 party charged, may adjourn the hearing of the case to a future 
 day, and remand such party or admit him to bail as hereinafter 
 mentioned. 
 
 7. It shall not be necessary to make a warrant (B.) return- warrant need not 
 able at any particular time, but it may remain in force until it any particular 
 shall be executed. It may be executed by apprehending the of- where''exe™teci 
 fender at any place within which the iustice issuing it hath iuris- on fresh pursuit i 
 
 T . .'^■^ P/.7 • T •! •;.. of variances. 
 
 diction, or in case ot fresh pursuit at any place m the next adjom- 
 ing county or place and within seven miles of the border of such 
 first mentioned county, without having such warrant backed as 
 hereinafter mentioned. No objection shall be taken or allowed to 
 any such warrant for any defect therein in substance or in form, 
 or for any variance between it and the evidence adduced on the 
 part of the prosecution before the justice who shall take the ex- 
 amination of the witnesses in that behalf as hereinafter mentioned ; 
 but if it appear to the justice that the party charged has been de- 
 ceived or misled by any such variance, at his request the justice 
 may adjourn the hearing of the case to a future day, and in the 
 meantime remand the party charged or admit him to bail as here- 
 inafter mentioned.. 
 
 8. If the person against whom any such warrant shall be issu- warrants how en- 
 ed shall not be found within the jurisdiction of the justice issuing a°ngftierera°" 
 the same, or if he shall be or be suspected to be in any place with- "'f " ">'= i'™*'?- 
 
 '. .. „- ^ ^ '^ ^ cutor or any of 
 
 m this province, a justice ot the county or place where such person the witnesses 
 shall be or be suspected to be, upon proof made upon oath of the Somuy where" the 
 handwriting of the justice issuing the warrant, may make an en- JJemied! '^ "''^'*^" 
 dorsement (K.) upon such warrant, signed with his name, autho- 
 rizing the execution thereof as thereon endorsed, and the carrying 
 of the person therein named, when apprehended, before the jus- 
 tice who first issued the warrant or some other justice of that 
 county or place where the ofience mentioned in the warrant ap- 
 pears therein to have been committed ; but if the prosecutor or any 
 of the witnesses for the prosecution shall then be in the county or 
 place where the pe;rson shall have been so apprehended, the party 
 apprehending him, if so directed by the justice backing the war- 
 
480 Chap. 169, Sect. 9—10. {part iv. 
 
 rant, shall convey him before such last mentioned justice or some 
 other justice of the same county or place, and thereupon such 
 justice may take the examination of such prosecutor or ■witnesses, 
 and proceed in every respect in manner hereinafter directed with 
 respect to persons charged before a justice with an offence alleged 
 to have been committed in another county or place than that in 
 which such person has been apprehended. 
 Evidence for the 9. If it shall be made to appear to any justice by oath that 
 Bscured'"""' "'" any person within his jurisdiction is likely to give material evidence 
 for the prosecution and will not voluntarily appear for the purpose 
 of being examined, such justice shall issue his summons (L. 1) to 
 such person, requiring him to appear at the time and place therein 
 mentioned to testify as therein directed. If without suflScient ex- 
 cuse he neglect to appear at such time and place after proof upon 
 oath of such summons having been served upon such person either 
 personally or by leaving the same with some person for him at his 
 last or usual place of abode, the justice before whom such person 
 should have appeared may issue a warrant, (L. 2,) which warrant, 
 if necessary, may be backed as other warrants. If such justice 
 shall be satisfied by evidence upon oath that it is probable that such 
 person will not attend to give evidence unless compelled, then, in- 
 stead of a summons, he may issue a warrant (L. 3,) in the first 
 instance which, if necessary, may be backed as above. If on the 
 appearance of such person, either in obedience to the summons or 
 under the warrant, he shall refuse to be examined upon oath con- 
 cerning the premises, or shall refuse to take such oath, or having 
 taken such oath shall refuse to answer questions concerning the 
 premises without just excuse for such refusal, the justice by war- 
 rant (L. 4) may commit such party so refusing to jail, for any 
 time not exceeding seven days, unless he shall in the meantime con- 
 sent to be examined and to answer. 
 Proceedings be- 10. Whenever any person shall appear or be brought before a 
 wherVr party 13 justice charged with an indictable offence, whether committed within 
 indictahie^ffencT *^® provincc or upou the high seas, or on land beyond the sea, 
 depositions how whether such person appear voluntarily or be in custody for the 
 to be used on Same Or another offence, the justice, before he commit the accused 
 "'""■ person for trial or admit him to bail, shall in the presence of the 
 
 accused person, who shall be at liberty to put questions to any 
 witness produced against him, take the statement (M.) on oath of 
 those who shall know the facts and circumstances of the case, and 
 shall put the same into writing, and such depositions shall be read 
 over to and signed respectively by the witnesses so examined, and 
 shall also be signed by the justices taking the same. Before any 
 such witness shall be examined the justice shall administer the 
 usual oath, and if upon the trial of the person accused it shall be 
 proved upon oath that any person whose deposition shall have been 
 so taken is dead, or so ill as to be unable to travel, and also that 
 such deposition was taken in the presence of the person accused, 
 and that he, or his counsel or attorney, had full opportunity of 
 
i;iTLE xll] Chap. 169.. Seot. 11—18. 481 
 
 cross examining the -witness, then if such deposition purport to be 
 signed by the justice by or before -whom the same purports to have 
 been taken, it may be read in evidence on such prosecution with- 
 out further proof, unless it shall be proved that such deposition 
 ■was not in fact signed by the justice purporting to sign the same. 
 
 11. After the examination of all the witnesses on the part of Depositions to he 
 the prosecution shall have been completed, the justice shall, with- cautioned and 
 out requiring the attendance of the witnesses, read or cause to be ansffe?rif any to 
 read to the accused the depositions taken against him, and shall '^^Jj^'^'^^and'ma 
 say to him these words, or to the like effect : he used on ti-iai. 
 
 " Having heard the evidence, do you wish to say anything in 
 answer to the charge ? You are not obhged to say anything unless 
 you desire to do so, but whatever you say will be taken down in 
 writing and may be given in evidence against you upon your trial." 
 
 And whatever the prisoner shall then say in answer thereto shall 
 be taken down in writing (N.) and read over to him, and shall be 
 signed by the justice and kept with the depositions of the witnesses, 
 and shall be transmitted with them as hereinafter mentioned, and 
 upon the trial of the accused party the same may if necessary be 
 given in evidence against him without further proof thereof, unless 
 it shall be proved that the justice purporting to sign the same did 
 not in fact sign the same ; but before such accused person shall 
 make any statement the justice shall state to him and give him 
 clearly to understand that he has nothing to hope from any pro- 
 mise of favor and nothing to fear from any threat which may have 
 been holden out to him to induce him to make any admission or 
 confession of his guilt, but that whatever he shall then say may be 
 given in evidence against him upon his trial. The prosecutor may, 
 however, give in evidence any admission or confession or other 
 statement of the person accused or charged, made at any time 
 which by law would be admissable evidence against such person. 
 
 12. The room or building in which the justice shall take such Koom where ex- 
 examinations or statements as above shall not be deemed an open SeT noTneoes- 
 court for that purpose, and the justice at his discretion may order ^*^f '"' °p™ 
 that no person shall have access to, or be or remain in such room 
 
 or building without the consent of such justice, if it appear to him 
 that the ends of justice will be best answered by so doing. 
 
 13. The justice before whom any witness shall be examined Becognizance ot 
 may bind by recognizance (0. 1) the prosecutor and every such witShow™^ 
 witness to appear at the next term or sitting of the court in which l^l 'wSr^e™ 
 the accused is to be tried, then and there to prosecute, or to pro- tumed. 
 secute and give evidence, or to give evidence as the case may be 
 
 against the party accused, which recognizance shall specify the 
 profession, mystery, art, or trade of every such person recognized, 
 together vnth his christian and surname and the place of his resi- 
 dence, and being duly acknowledged it shall be subscribed by the 
 justice before whom taken, and a notice (0. 2) thereof shall at the 
 same time be given to the person bound thereby ; and the several 
 recognizances so taken, together 'with the written information, if 
 61 
 
482 
 
 Chap. 169. Sect. 14—15. 
 
 [PAET IV. 
 
 Party may be re- 
 manded for fur- 
 ther examina- 
 tions ; orders 
 tiierefor ; recog- 
 nizance for liis 
 appearance, and 
 how forfeited. 
 
 Proceedings when 
 the olTence 
 charged has been 
 committed in a 
 county where the 
 justice has not ju- 
 risdiction. 
 
 any, the depositions, the statement of the accused, and the recog- 
 nizance of bail, if any in such case, shall be delivered by the jus- 
 tice to the proper officer of the court in which the trial is to be 
 had, before or at the opening of the court on the first day of term, 
 or at such other time as the presiding judge thereof shall order. 
 If such witness shall refuse to enter into such recognizance the 
 justice by his warrant (P. 1) may commit him to jail in the coun- 
 ty where the trial is to be had until after the trial of the accused 
 party, unless in the meantime he shall enter into such recognizance 
 before some justice of the county where such jail is situate. If 
 afterwards for want of sufficient evidence in that behalf, or other 
 cause, the justice before whom such accused party shall have been 
 brought shall not commit him or hold him to bail for the offence 
 with which he shall have been charged, the same or any other jus- 
 tice of the county by his order (P. 2) may direct the keeper of 
 such jail to discharge him fi-om further custody, and such keeper 
 shall forthwith discharge him accordingly. 
 
 14. If from the absence of witnesses, or for any other reasona- 
 ble cause, it shall become necessary or advisable to defer the exa- 
 mination or further examination of any witnesses for any time, the 
 justice before whom the accused party shall appear or be brought 
 may by his warrant (Q. 1) from time to time remand the party ac- 
 cused for such time as to him shall seem reasonable, not to exceed 
 eight clear days, to jail or other place of security in the county. If 
 the remand be for a period not exceeding three clear days the order 
 therefor may be made verbally to a constable or person to be named 
 by the justice in that behalf, with directions to bring up the accused 
 party again at a time and place appointed for continuing the exami- 
 nation. But any justice may order the accused party to be brought 
 before him or any other justice for the same county or place before 
 the expiration of the time for which the accused shall be so remand- 
 ed, and the jailer or officer in charge shall obey such order, and any 
 justice before whom the accused shall so appear or be brought may 
 discharge him upon his entering into a recognizance (Q. 2, 3) with 
 or without a security or securities, at the discretion of the justice, 
 conditioned for his appearance at the time and place appointed for 
 the continuance of such examination. If he shall not appear, then 
 such justice or any other justice present, upon certifying (Q. 4) 
 upon the back of the recognizance, may transmit such recognizance 
 to the prothonotary of the court of the county within which such 
 recognizance shall have been taken, to be proceeded upon as other 
 recognizances, and such certificate shall be pr'mia facie evidence 
 of the non-appearance of such accused party. 
 
 15. Whenever a person shall appear or be brought before a 
 justice charged with an offence alleged to have been committed 
 within a county or place wherein such justice shall not have juris- 
 diction, he shall examine such witnesses and receive such proof of 
 the charge as shall be brought before him, and if in the opinion of 
 such justice the evidence adduced shall be sufficient proof of the 
 
TITLE SLi.] Chap. 169. Sect. 16—18. 483 
 
 charge made against the accused party the justice shall thereupon 
 commit him to jail, or shall admit him to bail as hereinafter men- 
 tioned, and shall bind over the prosecutor if he have appeared be- 
 fore him, and the witnesses by recognizance accordingly as herein- 
 before mentioned. But if the evidence shall not in the opinion of 
 such justice be sufficient to put the accused party upon his trial 
 for the offence with which he is charged the justice shall bind over 
 such witnesses as he shall have examined by recognizance to give 
 evidence as hereinbefore mentioned, and he shall issue his warrant 
 (R. 1) in that behalf, and at the same time dehver the information 
 and complaint, and the depositions and recognizances so taken by 
 him, to the constable having the execution of the last named wai-- 
 rant, to bo by him dehvered to the justice before whom he shall 
 take the accused, and the depositions and recognizances shall have 
 the same validity and effect as if taken before such last mentioned 
 justice ; and they, with such depositions and recognizances as the 
 last mentioned justice shall take in the matter, shall be transmitted 
 to the court where the accused party is to be tried, if he shall be 
 committed for trial or admitted to bail. 
 
 16. If the accused party shall be taken before the justice last J'™y^"=sti'ce 
 mentioned by virtue of such last named warrant, the person so iiavuig juiisiiic- 
 conveying him shall be entitled to be paid his costs and expenses wiiei™the^ofl-cilce 
 for that service, and upon his producing the accused party before e™nenses°o"offl- 
 such justice, and delivering him into custody as such justice shall <=ei-i imw ta-\i;d 
 direct, and dehvering his warrant, the information, if any, deposi- ™ ° '''^'^ ' 
 tions and recognizances, and proving by oath the hand- writing of 
 
 the justice subscribing the same, such justice to whom the accused 
 party is produced shall forthwith ascertain the sum which ought to 
 be paid for such service, and for his reasonable costs and expenses 
 of returning, and shall thereupon make an order (R. 2) in favor 
 of such person upon the county treasurer for payment thereof, and 
 the treasurer upon production of the order shall pay the same in 
 the usual course. If the justice last named shall not think the 
 evidence against such accused party sufficient to put him upon 
 trial he shall discharge him without bail, and the recognizances 
 taken by such first named justice shall be void. 
 
 17. Where a person shall appear or be brought before a jus- Justices inuyttike 
 tice charged with any offence other than treason, or a felony ienccs"\i-casou 
 punishable with death, he may in his discretion admit such ^'^,a'J5le'wiu'r" 
 person to bail upon such surety or sureties as he shall think suffi- 'I'-atii excciJttd, 
 cient to ensure the appearance of the person accused at the time 
 
 and place for the trial of such offence, and he shall take the recog- 
 nizance (S. 1), and notice thereof (S. 2) shall be given. 
 
 18. In all cases where a person charged with an indictable Parties, how ad- 
 oftence shall be committed for trial the justice who shall have "ftei" commit" 
 signed the warrant for his commitment may at any time before "''^"'' 
 
 trial, at his discretion, admit such accused party to bail as above 
 if he shall be of opinion that such accused party ought to be ad- 
 mitted to bail, he shall in such case certify (S. 3) on the back^of 
 
484 
 
 Chap. 169. Sect. 19—24. 
 
 [PAET IV. 
 
 Same subject. 
 
 Recofrnizance 
 how traosmitted 
 to the propt-T offi- 
 cer ; treason and 
 felonies punisha- 
 ble with death 
 bailable onlv by 
 the supreme court 
 or a judge. 
 
 Warrants of de- 
 liverance to issue 
 where a party 
 bailed from pri- 
 son. 
 
 If the c^n'lence is 
 iusulRcient the 
 party shall be 
 disrbar^ri-d, 
 otherwise Ii'- shall 
 be oinmittt'd or 
 admitted to bail. 
 
 .Taller to eive the 
 constable a re- 
 ceipt for the pri- 
 soner, setting 
 forth 111- state 
 and condition. 
 
 Porms furnished 
 in a schedule an- 
 nexed. 
 
 the warrant of commitment his consent to such party heing bailed, 
 stating the amount of bail which ought to be required, and there- 
 upon any justice attending, or being at the jail where such accused 
 party shall be in custody, on production of such certificate shall 
 admit him to bail in manner above mentioned, or if it shall be in- 
 convenient for the surety or sureties in such case to attend at such 
 jail to join with the accused person in the recognizance the commit- 
 ting justice may make a duphcate of such certificate (S. 4), and 
 upon the same being produced to any justice for the same county 
 or place he may take the recognizance of the surety or sureties in 
 conformity therewith. 
 
 19. Upon such recognizance being transmitted to the keeper 
 of such jail, and produced, together with the certificate on the 
 warrant of commitment, to a justice attending or being at the jail, 
 he may thereupon take the recognizance of the accused party and 
 order him to be discharged out of custody as to that commitment 
 as hereinafter mentioned. 
 
 20. In all cases where an accused party in custody shall be 
 admitted to bail by a justice other than the committing justice, 
 such justice so admitting him to bail shall forthwith transmit the 
 recognizance of bail to the proper ofScer or to the committing jus- 
 tice, to be transmitted by him, with the examinations, to such offi- 
 cer. But no justice of the peace shall admit any person to bail 
 for treason, or a felony punishable with death, nor shall such per- 
 son be admitted to bail except by the supreme court or by one of 
 the justices thereof. 
 
 21. In all cases where a justice shall admit to bail a person 
 who shall then be in prison charged with the ofience for which he 
 shall be so admitted to bail, such justice shall send to or cause to 
 be lodged with the jailer a warrant of deUverance (S. 5), and 
 thereupon such jailer shall obey the same. 
 
 22. When all the evidence ofiered upon the part of the prose- 
 cution shall have been heard, if the justice shall be of opinion that 
 it is insufiicient to put the accused party upon his trial for any in- 
 dictable ofience, he shall forthwith order such accused party, if in 
 custody, to be discharged as to the information then under inquiry ; 
 but if he shall think the evidence sufiicient to put the accused party 
 upon his trial for an indictable ofience, or if the evidence given 
 raise a strong or probable presumption of the guilt of the accused 
 party then the justice shall by his warrant (T. 1) commit him to 
 jail until he shall be delivered by due course of law, or admit him 
 to bail as hereinbefore mentioned. 
 
 23. The constable or person to whom the warrant of commit- 
 ment shall be directed shall convey the person accused to jail as 
 therein directed, and there deliver him together with such warrant 
 to the jailer, who shall thereupon give a receipt (T. 2) for such 
 prisoner, setting forth the state and condition in which such pri- 
 soner was when he was so delivered into custody. 
 
 24. The several forms in the schedule to this chapter contained, 
 or forms to the same effect, shall be valid. 
 
TITLE XLi.] Chap. 169. 485 
 
 SCHEDULE. 
 
 (A.) 
 
 Information and complaint for an indictable offence. 
 County of 
 
 to wit : 
 
 The information and complaint of C. D., of , [yeomara,] 
 
 taken this day of , A. D. 18 — , before the undersign- 
 ed, who saith that [Sfc, stating the offence.^ 
 
 Sworn before me, the day and year first above mentioned, 
 
 at . 
 
 J. S., J. P. 
 
 ■! 
 
 (B.) 
 
 Warrant to apprehend a person charged with an indictable 
 
 offence. 
 
 To any constable or peace officer of the county of : 
 
 Whereas A. B., of , [laborer,^ hath this day been char- 
 ged upon oath before the undersigned, for that he on the day 
 
 of , at , did [S^c, staling shortly the offence:] 
 
 These are therefore to command you forthwith to apprehend the 
 said A. B., and to bring him before me or some other of her ma- 
 jesty's justices of the peace in and for the said county, to answer 
 such charge, and to be further dealt with according to law. 
 
 Given under my hand and seal, at , this day of 
 
 , A. D. 18—. 
 
 J. S., J. P. (seal.) 
 
 (C.) 
 
 Summons to a person charged with an indictable offence. 
 
 To A. B., of , \laborcr:] 
 
 Whereas you have this day been charged before the undersigned 
 
 for that you on the day of , [4'C-, stating the nature 
 
 of the offence :] These are therefore to command you to appear 
 
 before me on the ■ day of , at • o'clock in the • 
 
 noon, at , or before some other justice or justices of the 
 
 peace as may then be there, to answer such charge, and to be fur- 
 ther dealt with according to law. Herein fail not. 
 
 Given under my hand and seal, at , this day of 
 
 , A. D. 18—. 
 
 J. S., J. P. (seal.) 
 
 (D.) 
 Warrant lohere the snmnfwns is disobeyed. 
 To any constable or other peace officer of the county of 
 
 Whereas on the — day of ■ , last past, A. B., of- 
 
486 Chap. 169. [part iv. 
 
 [laborer,] was charged before the undersigned for that [Sfc, as in 
 smnimons ;] and whereas I then issued my summons to the said 
 
 A. B., commanding him to appear before me on the day of 
 
 , at ■ ■ o'clock in the ■ noon, at , or before 
 
 such other justice or justices of the peace as might then be there, 
 to answer such charge, and to be further dealt with according to 
 law ; and whereas the said A. B. hath neglected to appear 9,t the 
 time and place appointed by such summons, although it hath now 
 been proved to me upon oath that such summons has been duly 
 served upon the said A. B. : These are therefore to command you 
 forthwith to apprehend the said A. B. and bring him before me or 
 some other justice of the peace, to answer such charge, and to be 
 further dealt with according to law. Herein fail not. 
 
 Given under my hand and seal, at , this day of 
 
 , A. D. 18—. 
 
 J. S., J. P. (seal.) 
 
 (E.) 
 
 Warrant to apprehend a person dtarged tvith an indictable 
 offence committed on the higlb seas or abroad. 
 
 For offences committed on the higit seas the warrant vnay he 
 the same as in ordinary cases, but descril/ing the offence to hxive 
 been committed " on the high seas, out of the body of any county 
 of this province, and within the jurisdiction of the admiralty of 
 England." 
 
 For offences committed abroad for which the parties nuiy be 
 indicted in this proohicc, the toarrant cdso may be the same as in. 
 ord'mury cases, but describing the offence to have been commit- 
 ted " on land out of the province, to Avit : at , in the king- 
 dom of ," or " at , in the Island of , in the 
 
 West Indies," or " at , in the East Indies," or as the case 
 
 ■may be. 
 
 (F.) 
 
 Certificate of bcdlctment being found. 
 
 I hereby certify that at a court of oyer and terminer and gene- 
 ral jail delivery, [or a court of general sessions of the peace,] 
 
 holden in and for the county of , at , in , a 
 
 bill of indictment was found by the grand jury against A. B. 
 
 therein described as A. B. late of , [laborer^ for that he 
 
 [i^'c, staling shortly the offence,] and that the said A. B. hath 
 not appeared and pleaded to the said indictment. 
 
 Dated this day of , 18 — . 
 
 ■ J. D., 
 
 Clerk [or deputy clerk] of the 
 crown, [or clerk of the peace.] 
 
TITLE XLL] Chap. 169. 487 
 
 (G.) 
 Warra7it to apprehend a person indicted. 
 To any constable or peace officer of tlie county of - 
 
 Whereas it hath been duly certified by J. D., clerk [or deputy 
 clerk] of the crown [or clerk of the peace] that [t^-c, stf/ting the 
 certijicalc :] These are therefore to command you forthwith ito ap- 
 prehend the said A. B. and to bring him before me or some other 
 justice or justices of the peace, to be dealt with according to law. 
 
 Given under my hand and seal, at , this ' day of 
 
 , A. D. 18—. 
 
 J. P., J. S. (seal.) 
 
 (H.) 
 Warrant of committnent of a person indicted. 
 
 To any constable of , and to the keeper of the jail of the 
 
 county of : 
 
 Whereas, by warrant under my hand and seal, dated the - 
 
 day of , after reciting that it had been certified by J. D. 
 
 \S('c. as in the certificate,] I commanded the constables and all 
 other peace officers of the said county, forthwith to apprehend the 
 said A. B. and bring him before me the undersigned, or before some 
 other justice or justices of the peace, to be dealt with according to 
 law : and whereas the said A. B. has been apprehended under such 
 warrant, and being now brought before me, it is proved upon oath 
 that the said A. B. is the same person who is named and charged 
 in and by the said indictment, these are therefore to command you 
 the said constable, forthwith to take and safely convey the said A. 
 
 B. to the jail at , in the said county, and there to deliver 
 
 him to the keeper thereof, together with this warrant ; and I hereby 
 command you the said keeper to receive the said A. B. into your 
 custody in the said jail, and him there safely to keep until he shall 
 be thence delivered by due course of law. 
 
 Given under my hand and seal, at , this day of 
 
 , A. D. 18—. 
 
 J. S., J. P. (seal.) 
 
 Warra7it to detain a person indicted who is already in custody 
 for another offence. 
 
 To the keeper of the jail at , in the county of : 
 
 Whereas it hath been duly certified by J. D., clerk [or deputy 
 
 clerk] of the crown [or clerk of the peace] for the county of ,, 
 
 [<^c. stating the certificate] : and whereas I am informed that the 
 
 said A. B. is in your custody in the said jail at aforesaid, 
 
 charged with some offence or other matter ; and it bong now proved 
 
488 Chap. 169. [pakt rv. 
 
 upon oath before me that the said A. B. so indicted, and the said 
 A. B. so in your custody, are one and the same person : these are 
 therefore to command you to detain the said A. B. in your custody 
 in the jail aforesaid, until by writ of habeas corpus he shall be re- 
 moved therefrom for the purpose of being tried upon the said in- 
 dictment, or until he shall be otherwise removed or discharged out 
 of your custody by due course of law. 
 
 Given under my hand and seal, at , this day of 
 
 , A. D. 18—. 
 
 J. S., J. P. (seal.) 
 
 (K.) 
 
 tEndorsement in backing a warrant. 
 
 County of , ) 
 
 to wit: \ 
 
 Whereas proof upon oath hath this day been made before me, a 
 
 justice of the peace for the said county of , that the name 
 
 of J. S. to the within warrant subscribed, is the hand writing of 
 the justice of the peace within mentioned, I do therefore hereby 
 authorize W. T., who bringeth to 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 of the said county to execute the same within the last men- 
 tioned county,* and to bring the said A. B., if apprehended within 
 the same county, before me, or before some other justice or justices 
 of the peace of the same county, to be dealt with according to law. 
 
 Given under my hand this day of , 18 — . 
 
 J. L., J. P. 
 
 * The words following the asterisk are to be used only where the justice backing the warrant 
 shaU think fit. 
 
 (L.I.) 
 
 Sutrmvons to a witness. 
 
 To E. P. of , [laborer] : 
 
 Whereas information hath been laid before the undersigned that 
 A. B. [^c. as in the summons or toarra^it against the accused] 
 and it hath been made to appear to me upon oath that you are 
 likely to give material evidence for the prosecution, these are there- 
 fore to require you to appear before me on the day of 
 
 next at o'clock in the noon, at , or before such 
 
 other justice or justices of the peace as may then be there, to tes- 
 tify what you shall know concerning the said charge so made 
 against the said A. B. as aforesaid. Herein fail not. 
 
 Given under my hand and seal at this day of 
 
 , A. D. 18—. 
 
 J. S., J. P. (seal.) 
 
TITLE XLi.] Chap. 169. 489 
 
 (L.2.) 
 Warrant where a witness has not obeyed a sinmnons. 
 To any constable or other peace officer of the county of ■ 
 
 Whereas information having been laid before the undersigned 
 that A. B. [Sf'c. as in summons^ and it having been made to ap- 
 pear to me upon oath that E. F. of [laborerl was hkely 
 
 to give material evidence for the prosecution, I did issue my sum- 
 mons to the said E. F. requiring him to appear before me at 
 
 on the day of , or before such other justice or justices 
 
 of the peace as might then be there, to testify what he should 
 know respecting the said charge against the said A. B. ; and 
 whereas proof hath this day been made before me, upon oath, of 
 such summons having been served upon the said E. F., and 
 whereas the said E. F. hath neglected to appear at the time and 
 place appointed by the said summons, and no just excuse has been 
 offered for such neglect : these are therefore to command you to 
 
 bring the said E. F. before me at — on the day of 
 
 at o'clock in the noon, or before such other 
 
 justice or justices of the peace as may then be there to testify what 
 he shall know concerning the said charge so made against the said 
 A. B. as aforesaid. 
 
 Given under my hand and seal at tliis ■ day of 
 
 , A. D. 18—. 
 
 J. S., J. P. (seal.) 
 
 (L.3.) 
 
 Warrant for a witness in the first instance. 
 
 To any constable or other peace officer of the county of : 
 
 Whereas information hath been laid before the undersigned that 
 [^'c. as in summons^, and it having been made to appear to 
 me upon oath that E. F. of [laborer^ is likely to give ma- 
 terial evidence for the prosecution, and that it is probable that the 
 said E. F. will not attend to give evidence without being compelled 
 so to do : these are therefore to command you to bring the said 
 
 E. F. before me at , on the day of , at 
 
 o'clock in the noon, or before such other justice or justices 
 
 of the peace as may then be there, to testify what he shall know 
 concerning the said charge so made against the said A. B. as afore- 
 said. 
 
 Given under my hand and seal at , this - — — day of 
 
 , A. D. 18—. 
 
 ^J. S., J. P. (seal.) 
 
 62 
 
490 Chap. 169. [part iv. 
 
 (L.4.) 
 
 Warrant of commitment of a witness for refusing to he sworn 
 or to give evidence. 
 
 To any constable of , and to the keeper of the jail at , 
 
 in the county of : 
 
 Whereas A. B. was lately charged before the undersigned for 
 that [iSf'c. as in the summatis] and it having been made to appear 
 
 to me upon oath that E. F. of was likely to give material 
 
 evidence for the prosecution, I duly issued my summons to the 
 
 said E. F. requiring him to appear before me at • — on the 
 
 day of , or before such other justice or justices of the 
 
 peace as should then be there, to testify what he should know con- 
 cerning the said charge ; and the said E. F. now appearing before 
 me [or being brought before me by virtue of a warrant in that 
 behalf to testify as aforesaid] and being required to make oath or 
 affirmation as a witness in that behalf hath now refused so to do 
 [or being duly sworn as a witness doth now refuse to answer 
 certain questions concerning the premises which are here put to 
 him] without offering any just excuse for such his refusal : these are 
 therefore to command you the said constable to take the said E. F. 
 and him safely convey to the jail at , in the county afore- 
 said, and there deliver him to the keeper thereof, together with this 
 warrant ; and I do hereby command you the said keeper of the said 
 jail to receive the said E. F. into your custody in the said jail, and 
 him there safely keep for the space of days, for his said con- 
 tempt, unless he shall in the mean time consent to be examined 
 and to answer poncerning the premises, 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., J. P. (seal.) 
 
 (M.) 
 Depositions of witnesses. 
 
 County of — 
 to wit : 
 The examination of C. D. of- [farmer,] and E. F. of - 
 
 [laborer,] taken on oath this day of ■■ , A. D. 18 — , at 
 
 , in the county aforesaid, before the undersigned, in the 
 
 presence and hearing of A. B., who is charged this day before me, 
 
 for that he the said A. B., at , on the- day of -, 
 
 [6f'c. describing the offence as in a warrant of commitment.] 
 
 This deponent, C. D. on his oath saith as follows : [Sfc. stating 
 
 the deposition of the witness as nearly as possible in the words 
 
 he uses. When his deposition is complete let him sig?i it.] 
 
 And this deponent, E. F., upon his oath, saith as follows : [i^c] 
 
 The above depositions of C. D. and E. F. were taken and sworn 
 
 before me at , on the day and year first above mentioned. 
 
 J. S., J. P. 
 
TITLE xLt.] Chap. 169. 491 
 
 (N.) 
 
 Statement of the accused. 
 
 A. B. stands charged before the undersigned, one of her majes- 
 ty's justices of the peace for the county of , this day 
 
 of , A. D. 18 — , for that he the said A. B. at ; on 
 
 the day of , \&j'c. as in the caption of the deposi- 
 tions;] and the said charge being read to the said A. B., and 
 the witnesses for the prosecution, C. D. and E. F. being seve- 
 rally examined in his presence, the said A. B. is now addressed by 
 me as follows : " Having heard the evidence do you wish to say 
 any thing in answer to the charge 7 You are not obliged to say 
 any thing unless you desire to do so ; but whatever you say will 
 be taken down in writing, and may be given in evidence against you 
 upon your trial," whereupon the said A. B. saith as follows : 
 
 [Here state whatevei- the prisoner may say, and in his very 
 words, as nearly as possible, — get him to sign it if he will.] 
 
 A. B. 
 
 Taken before me at — , on the day and year first above 
 
 mentioned. 
 
 J. S., J. P. 
 
 (0. 1.) 
 
 Recognizance to prosecute or give evidence. 
 
 County of , ) 
 
 to wit : \ 
 
 Be it remembered that on the day of A. D. 18 — , 
 
 CD. of , in the said county, [farmer] personally came 
 
 before me, a justice of the peace for the said county, and acknow- 
 ledged himself to owe to our sovereign lady the queen the sum of 
 
 pounds, to be levied of his goods and lands, to the use of 
 
 our said lady the queen, her heirs and successors, if he the said C. 
 D. shall fail in the condition hereof. 
 
 Taken and acknowledged the day and year first above mentioned 
 
 at before me. 
 
 J. S. J. P. 
 
 Condition to prosecute. 
 
 The condition of this recognizance is such, that whereas one 
 A. B. was this day charged before me J. S. a justice of the peace 
 for that [S)'c. as in the caption of the depositiojis], if therefore 
 he, the said 0. D., shall appear at the next court of oyer and ter- 
 miner or general jail deUvery [or at the next court of general ses- 
 sions of the peace] to be holden in and for the county of , * 
 
 and there prefer or cause to be preferred, a bill of indictment for 
 the oflence aforesaid against the said A. B., and there also duly 
 prosecute such indictment, thea the said recognizance to be void, 
 
492 Chap. 169. [part iv. 
 
 Condition to prosecute and give evidence. 
 
 Same as in the last form to the asterisk (*), and then thus: 
 " and there prefer, or cause to be preferred, a bill of indictment 
 against tlie said K. B. for the offence aforesaid, and duly prosecute 
 such indictment and give evidence thereon, as well to the jurors 
 ■who shall then inquire of the said offence as also to these who shall 
 pass upon the trial of the said A. B., then the said recognizance 
 to be void." 
 
 Condition to give evidence. 
 Same as in the last form but one to the asterisk (*), and 
 t]i,en thus: "and there give such evidence as he knoweth upon a 
 bill of indictment to be then and there preferred against the said 
 A. B. for the offence aforesaid, as well to the jurors who shall 
 there inquire of the said offence as also to the jurors who shall pass 
 upon the trial of the said A. B., then the said recognizance to be 
 
 void. 
 
 (0.2.) 
 
 Notice of the recognizance to be given to the prosecutor and his 
 
 witnesses. 
 
 County of I 
 
 to wit : ) 
 
 Take notice that you, CD. of , are bound to appear at 
 
 the next court [irhere the offence is to be tried] to be holden at 
 
 , in the said county, and then and there [prosecute and] 
 
 gi\e e\idence against A. B. ; and unless you then appear there 
 and [j/ro.-:iv/i/e and] give evidence accordingly, the recognizance 
 entered into by you will be forthwith levied on you. Dated this 
 
 day of A. D. 18—. 
 
 J. S. J. P. 
 
 (P. 1.) 
 
 Coninil/mc/il of « witness for refusing to enter into the recog- 
 nizance. 
 
 To any constable of , and to the keeper of the jail at 
 
 , in the county of : 
 
 AVhereas A. B. was lately charged before the undersigned for 
 that [tV''. ns in I lie sninnums to the vltness], and it having been 
 
 made to appear to me upon oath that E. F. of was likely 
 
 to give material evidence for the prosecution, I duly issued my 
 summons to the said E. F. retiuiring him to appear before me at 
 on the day of , or before such other jus- 
 tice or justices of the peace a.s should then be there, to testify what 
 he should know concerning the said charge made against the said 
 A. B., and the said E. F. now appearing before me [or being 
 
TITLE XLi.] Chap. 169. 493 
 
 brought before me by virtue of a warrant in that behalf] to tes- 
 tify as aforesaid, hath been now examined by me touching the pre- 
 mises, but being required by me to enter into a recognizance con- 
 ditioned to give evidence against the said A. B. hath now refused 
 so to do : these are therefore to command you, the said constable, 
 to take the said E. F. and him safely convey to the said jail at 
 
 , in the county aforesaid, and there deliver him to the 
 
 keeper thereof, together with this warrant ; and I do hereby com- 
 mand you, the keeper of the said jail, to receive the said E. F. 
 into your custody in the said jail, and safely keep him until after 
 the trial of the said A. B. for the offence aforesaid, unless in the 
 meantime he shall duly enter into such recognizance as aforesaid 
 
 in the sum of pounds, before some justice of the peace 
 
 for the said county, conditioned in the usual form to appear at the 
 next court of \oyer and terminer or general jail delivery, or ge- 
 neral sessions of the peace] to be holden in and for the county of 
 
 , and there to give evidence before the grand jury upon 
 
 any bill of indictment which may then and there be preferred 
 against the said A. B. for the offence aforesaid, and also to give 
 evidence upon the trial of the said A. B. for the said offence if a 
 true bill should be found against him for the same. 
 
 Given under my hand and seal at this day 
 
 of , A. D. 18—. 
 
 J. S., J. P. (seal.) 
 
 (P. 2.) 
 
 Subsequent order to discharge the u'it/iess. 
 
 To the keeper of the jail at , in the county of : 
 
 Whereas by my order dated the day of , A. D. 
 
 18 — , reciting that A. B. was lately charged before me for a cer- 
 tain offence therein mentioned, and that E. F. having appeared 
 before me and being examined as a witness for the prosecution in 
 that behalf, refused to enter into a recognizance to give evidence 
 ao-ainst the said A. B., and I therefore committed the said E, F. to 
 your custody, and required you to safely keep him until after the 
 trial of the said A. B. for the offence aforesaid, unless in the mean- 
 time he should enter into such recognizance as aforesaid ; and 
 whereas for want of sufficient evidence against the said A. B. he 
 has not been committed or holden to bail for the said offence, but 
 on the contrary thereof has since been discharged, and it is there- 
 fore not necessary that the said E. F. should be detained longer in 
 your custody : These are therefore to order and direct you the said 
 keeper to discharge the said E. F. out of your custody as to the 
 said commitment, and suffer him to go at large. 
 
 Given under my hand and seal, at , this day of 
 
 , A. D. 18—. 
 
 J. S., J. P. (seal.) 
 
494 Chap. 169. [part iv. 
 
 (Q.I.) 
 Warrant remafiding a prismier. 
 
 To any constable of and to the keeper of the jail at , 
 
 in the county of : 
 
 Whereas A. B. was this day charged before the undersigned for 
 that [4"c. (IX in the warrant to apprehend,] and it appears to me 
 to be necessary to remand the said A. B. : These are therefore to 
 command you the said constable forthwith to convey the said A. B. 
 
 to the jail at , in the said county, and there to deliver him 
 
 to the keeper thereof, together with this warrant ; and I hereby 
 command you the said keeper to receive the said A. B. into your 
 
 custody in the said jail, and there safely keep him until the 
 
 day of , instant, when I hei-eby command you to have him 
 
 at , at o'clock in the noon of the same day be- 
 fore me or before such other justice or justices of the peace as may 
 then be there, to answer further to the said charge, and to be fur- 
 ther dealt with according to law, unless you shall be otherwise 
 ordered in the meantime. 
 
 Given under my hand and seal, at , this day of 
 
 — , A. D. 18—. 
 
 J. S., J. P. (seal.) 
 
 (Q.2.) 
 
 Revngnizance of bail instead of remand on an adjournment of 
 
 examination. 
 County of - 
 
 to wit : 
 
 Be it remembered that on the day of , A. D. 18—, 
 
 A. B. of , [toftore/-,] L. M. of , \grocer,'\ andN. 0. 
 
 of , \butcher\ personally came before me and severally ac- 
 knowledged themselves to owe to our lady the queen the several 
 
 sums following, that is to say : the said A. B. the sum of , 
 
 and the said L. M. and N. 0. the sum of each, to be le- 
 vied of their several goods and lands respectively to the use of our 
 said lady the queen, her heirs and successors, if he the said A. B. 
 fail in the condition hereof 
 
 Taken and acknowledged the day and year first above mention- 
 ed, at , before me. 
 
 J. S., J. P. 
 
 Cmidition. 
 The condition of this recognizance is such, that whereas the said 
 
 A. B. was this day, \or on the duij of last past,] 
 
 charged before me for that [^v-. as in the n-arraiit] ; and whereas 
 the examination of the witnesses for the prosecution in this behalf 
 
 is adjourned until the day of A. D. 18 — , if therefore 
 
 the said A. B. shall appear before me on the said day of , 
 
TITLE XLL] Chap. 169. 495 
 
 ^* ~; o'clock in the noon, or before such other justice or 
 
 justices of the peace as may then be there, to answer further to the 
 said charge, and to be further dealt with according to law, then the 
 said recognizance to be void. 
 
 (Q. 3.) 
 
 Notice of recognizance to be given to the accused and his 
 sureties. 
 
 Take notice that you A. B., of , are bound in the sum 
 
 of , and your sureties L. M. and N. 0., in the sum of 
 
 each, that you A. B. appear before me J. S., at , 
 
 on the day of A. D., 18 — , at o'clock in the 
 
 noon, or before such other justice or justices of the peace as 
 
 may then be there to answer further to the charge made against 
 you by C. D., and to be further dealt with according to law ; and 
 unless you A. B. personally appear accordingly, the recognizances 
 entered into by yourself and sureties, will be forthwith levied on 
 
 you and them. Dated this day of , A. D. 18 — . 
 
 J. S., J. P. 
 
 (Q. 4.) 
 
 Certificate of non-appearance to he endorsed on the recog- 
 nizance. 
 
 I hereby certify that the said A. B. hath not appeared at the 
 time and place in the above condition mentioned, but therein hath 
 made default, by reason whereof the within written recognizance 
 is forfeited. 
 
 J. S., J. P. 
 
 •) 
 
 (E. 1.) 
 
 WaiTant to convey the accused before a justice of the county, 
 S^c. in which the offence was committed. 
 
 To any constable or peace officer of the county of : 
 
 Whereas A. B. of , [/adorer,] haththis day been charged 
 
 before the undersigned, for that \S^c. as in the loarrant to appre- 
 hend} : and whereas I have taken the deposition of C. 1)., a 
 witness examined by me in this behalf; but inasmuch as I am 
 informed that the principal witnesses to prove the said oifence 
 
 against the said A. B. reside in the county of , where the 
 
 said offence is alleged to have been committed : these are therefore 
 to command you forthwith to take and convey the said A. B. to the 
 
 said county of , and there carry him before some justice or 
 
 justices of the peace in and for that county, and near where the 
 offence is alleged to have been committed, to answer further to the 
 said charge before him or them, and to be further dealt with ac- 
 
496 Chap. 169. [part iv. 
 
 cording to law ; and I hereby further command you to deliver to 
 the said justice or justices the information in this behalf, and also 
 the said deposition of C. D. now given into your possession for that 
 purpose, together with this warrant. 
 
 Given under my hand and seal, at , this day of 
 
 , A. D. 18—. 
 
 J. S., J. P. (seal.) 
 
 (R.2.) 
 Order for payment of the constable's expenses. 
 To R. W., esquire, treasurer of the county of - 
 
 Whereas W. T., constable of , in the county of ■ 
 
 hath, in obedience to a certain warrant of J. S., esquire, a justice 
 
 of the peace for the county of , taken and conveyed one 
 
 A. B., charged before the said J. S. with having [(^'c., stating 
 
 shortly the offence,^ from , in the said county of , 
 
 to , in the said county of , a distance of miles, 
 
 and produced the said A. B. before me, S. P., one of her majes- 
 ty's justices of the peace in and for the county of , and 
 
 delivered him into the custody of by my direction, to an- 
 swer to the said charge, and further to be dealt with according to 
 law ; and whereas the said W. T. hath also delivered to me the 
 said warrant together with the information in that behalf, and also 
 the deposition of C. D. in the said warrant mentioned, and hath 
 proved to me upon oath the hand- writing of the said J. S. subscri- 
 bed to the same ; and whereas I have ascertained that the sum 
 which ought to be paid to the said W. T. for conveying the said 
 
 A. B. from the said county of to the said county of 
 
 and taking him before me is the sum of , that the reason- 
 able expenses of the said W. T. in returning will amount to the 
 
 further sum of , making together the sum of : These 
 
 are therefore to order you, as such treasurer of the said county of 
 
 , to pay unto the said W. T. the said sum of , for 
 
 which payment this order shall be your sufficient voucher and au- 
 thority. 
 
 Given under my hand, this day of , A. D., 18 — . 
 
 S. P., J. P. 
 
 (S.l.) 
 Recognizance of hail. 
 
 Be it remembered that on the day of , A. D. 18 — , 
 
 A. B. of , [laborer,] L. M. of , [grocer.^ and N. 0. 
 
 of , [butcher,'] personally came before me, the undersigned, 
 
 a justice of the peace for the said county, and severally acknow- 
 ledged themselves to owe to our lady the queen the several sums 
 following, that is to say: the said A. B. the sum of , and the 
 
TITLE XLi.] Chap. 169. 497 
 
 said L. M. and N. 0. tbe sum of each, to be levied of their 
 
 several goods and lands respectively, to the use of our said lady the 
 queen, her heirs and successors, if he the said A. B. fail in the 
 condition hereof. 
 
 Taken and acknowledged the day and year first above mention- 
 ed, at , before me. 
 
 J. S., J. P. 
 
 Condition in ordinary cases. 
 
 The condition of this recognizance is such, that whereas the said 
 
 A. B. was this day charged before me, the justice therein men- 
 tioned, for that [<^c. as in the warrant] ; if therefore the said A. 
 
 B. will appear at the next session of oyer and terminer and general 
 jail delivery, [or court of general sessions of the peace,\ to be 
 holden in and for the county of , and there surrender him- 
 self into the custody of the keeper of the jail there, and plead to 
 such indictment as may be found against him by the grand jury, 
 in respect of such charge, and take his trial upon the same, and 
 not depart the court without leave, then the said recognizance to be 
 void. 
 
 (S. 2.) 
 
 Notice of the said recognizance to be given to the accused 
 
 and his bail. 
 
 Take notice that you A. B. of , are bound in the sum 
 
 of — , and your sureties L. M. and N. 0. in the sum of 
 
 each, that you A. B. appear, [(^•c. as in the condition of 
 
 the recognizance^ and not depart the said court without leave ; 
 and unless you the said A. B. personally appear and plead, and 
 take your trial accordingly, the recognizance entered into by you 
 and your sureties shall be forthwith levied on you and them. 
 
 Dated this day of , A. D. 18—. 
 
 J. S., J. P. 
 
 (S. 3.) 
 
 Certificate of consent to bail by the committing justice 
 endorsed on the commitment. 
 
 I hereby certify that I consent to the within named A. B. being 
 
 bailed by recognizance, himself in and [two] sureties in 
 
 each. 
 
 J. S., J. P. 
 (S. 4.) 
 
 The like on a separate paper. 
 
 Whereas, A. B. was on the day of -, A. D, 18 — : 
 
 committed by me to the jail at , charged with [naming the 
 
 63 
 
498 Chap- 169. {PAKTIV. 
 
 offence shortly.] I hereby certify that I consent to the said A. 
 B. being bailed by recognizance, himself in and [two] sure- 
 ties in each. Dated this day of , A. D. 18 — . 
 
 J. S., J. P. 
 (S. 5.) 
 
 Warrant of deliverance on bail being given for a prisoner 
 already com/mitted. 
 
 To the keeper of the jail at , in the county of : 
 
 Whereas A. B. late of , [foftorer,] hath before me a jus- 
 tice of the peace for the said county, entered into his own recogni- 
 zance, and found sufficient sureties for his appearance at the next 
 court of oyer and terminer and general jail delivery, \or court of 
 general sessions of the peace,] to be holden in and for the county 
 
 of , to answer our sovereign lady the queen, for that [i^c, 
 
 as in the commitment,] for which he was taken and committed to 
 your said jail : these are therefore to command you, that if the 
 said A. B. do remain in your custody in such jail for the said 
 cause, and for no other, you shall forthwith suffer him to go at large. 
 
 Given under my hand and seal at , this day of 
 
 , A. D. 18—. 
 
 J. S., J. P. (seal.) 
 
 (T.) 
 Warrant of commitment. 
 
 To any constable of , and to the keeper of the jail at , 
 
 in the county of : 
 
 Whereas A. B. was this day charged before me J. S., a justice of 
 
 the peace in and for the said county, on the oath of C. D. of , 
 
 \ farmer,] and others, for that [^'c, stating shortly the offence:] 
 These are therefore to command you the said constable to take the 
 said A. B. and him safely convey to the said jail, and there deliver 
 him to the keeper thereof, together with this warrant ; and I do 
 hereby command you the keeper of the said jail to receive the said 
 A. B. into your custody in the said jail, and there safely keep him 
 until delivered by due course of law. 
 
 Given under my hand and seal, at , this day of 
 
 , A. D. 18—. 
 
 J. S., J. P. (seal.) 
 
 (T.2.) 
 
 Jailer^ s receipt to the constable for the prisoner, and justice's 
 
 order thereon for payment of the constable's expenses 
 
 in executing the com/mitm,ent. 
 
 I hereby certify that I have received from W. T., constable of 
 
 , the body of A. B., together with a warrant under the 
 
 hand and seal of J. S., esquire, a justice of the peace for the coun- 
 ty of — , and that the said A. B. was \sober, bruised, or as 
 
 the case may be] at the time he was so delivered into my custody. 
 
 P. K., jailer. 
 
TITLE XLI.] 
 
 Chap. 170. Sect. 1—8. 
 
 499 
 
 CHAPTER 170. 
 
 OF THE REPEAL OF STATUTES, REVISED AND CONSOLIDATED. 
 
 Section 
 
 1. Commencement of operation of preceding 
 
 chapters. 
 
 2. Act how cited, 
 
 S. Repeal of acts not to affect existing rights. 
 
 4. Offences committed not to be affected by re- 
 
 pealing chapter except where the punish- 
 ment, &c. has been mitigated. 
 
 5. Suits and prosecutions pending not affected 
 
 Section 
 
 hereby except as to the proceedings 
 thereon. 
 
 6. Office-holders not affected hereby, except 
 
 when an office is abolished, &c. 
 
 7. Acts repealed not to be revived hereby. 
 
 8. Acts enumerated and specified which are 
 
 repealed by this act coming into operation. 
 
 9. Acts specifically repealed. 
 
 1. The provisions of the preceding chapters, unless therein commencement 
 otherwise respectively expressed, shall come into operation on the precSg^chap- 
 first day of September one thousand eight hundred and fifty-one. ter. 
 
 2. This act may be cited as the revised statutes, adding, when Act how cited. 
 necessary, the number of the chapter and section. 
 
 3. The repeal of such acts shall not affect any act done, or any Repeal of acts not 
 right accruing, accrued or established, or any suit or proceeding ^ghS^*^ existing 
 had or commenced in any civil case before the time "when such re- 
 peal shall take effect, but the proceedings in such cases shall be 
 conformed when necessary to the provisions of this act. 
 
 4. No offence committed, and no penalty or forfeiture incurred offences commit- 
 under any of the acts hereby repealed, shall be affected by the re- fecteTby^repeai- 
 peal, except that where any punishment, penalty or forfeiture ing chapter ex- 
 
 •/■*. ^'j.^1/ cent wherp tlip 
 
 shall have been mitigated by the provisions of this act, such pro- punishment, &c. 
 visions may be extended and applied to any judgments to be pro- 
 nounced after such repeal. 
 
 5. No suit or prosecution pending at the time of such repeal 
 for any offence committed, or for the recovery of any penalty or not'affected"here 
 forfeiture incurred, under any act repealed, shall be aifected by the by except as to 
 repeal, except that the proceedings in such suit or prosecution shall thereon!''* ""^^ 
 be conformed, when necessary, to the provisions of this act. 
 
 6. All persons who at the time when such repeal shall take offlce-hoideis not 
 effect shall hold office under any of the acts repealed, shall continue except'\rhl'n an 
 to hold the same according to the tenure thereof, except those oiice is abolished, 
 offices which may have been abolished, and those as to which a dif- 
 ferent provision shall have been made by this act. 
 
 7. No act heretofore repealed shall be revived by the repeal Acts repealed not 
 contained in this chapter or in any of the acts hereinbefore men- ^erdiy!'^'™'' 
 tioned. 
 
 8. All acts extending the acts concerning fires and firewards, 
 and respecting commissioners of streets, to different towns and 
 places, and also acts making perpetual other acts, shall be repealed 
 ^0 soon as this act comes into operation. 
 
 has been mitiga- 
 ted. 
 
 Suits and prose- 
 
 Acts enumerated 
 and specified 
 which are repeal- 
 ed by this act 
 coming into ope- 
 ration. 
 
500 Chap. 170. Sect. 9. [part iv. 
 
 Acta apecificauy 9. The following acts passed in the several years of the respec- 
 repeaied. ^j^^ reigns hereinafter mentioned shall be repealed so soon as this 
 
 act comes into operation, viz : 
 
 1758. 32, George 2. 
 
 An act for confirming titles to lands, and quieting possessions. 
 
 An act directing the proceedings against forcible entry or detainer. 
 
 An act to prohibit the erecting of distilling houses, or setting up stills within the town of Hali- 
 fax, or within one quarter of a mile of the present lines or pickets of the said town. 
 
 An act for the establishment of religious public worship in tliis province, and for suppressing 
 popery. 
 
 An act to prevent forestalling the market. 
 
 An act to prevent the sale of slop clothing, and for punishing the concealers or hai-borers of sea^ 
 men or marines deserting from the royal navy. 
 
 An act relating to treasons and felonies. 
 
 An act concerning mai-riage and divorce, and for punishing incest and adultery, and declaring 
 polygamy to be felony. 
 
 An act for preventing frauds and perjuries. 
 
 An act for punishing ciiminal offenders. 
 
 An act relating to the assize of bread, and for ascertaining the standard of weights and mea- 
 sui'es. 
 
 An act for limitation of actions, and for avoiding suits of law. 
 
 An act to prevent unnecessary filing off guns and other fire arms, in the town and suburbs of 
 Halifax. 
 
 An act directing the guardianship of minors. 
 
 33, George 2. 
 Session 1. 
 An act for regulating and maintaining an house of correction or work-house within the town of 
 Halifax, and for binding out poor children. 
 
 An act for the quieting of possessions to the protestant gi'antees of the lands formerly occupied 
 by the French inhubitants, and for preventing vexatious actions relating to the same. 
 
 Session 2. 
 
 An act to prevent gaming. 
 
 An act for permitting persons of the profession of the people called " Quakers" to make an 
 affirmation instead of taking an oath. 
 
 An act in addition to an act entitled " an act for the establishment of religious public worship in 
 this province, and for suppressing of popery." 
 
 An act in addition to an act entitled " an act relating to the assize of bread, and for ascertaining 
 the standard of weights and measm'es," made and passed in the thirty-second year of his majesty's 
 reign. 
 
 An act for the better and more effectual establishment of the church of England in this pro- 
 vince. 
 
 An act for regulating the rates and price of carriages. 
 
 34, George 2. 
 
 An act making perpetual an act made and passed in the thirty-second year of his majesty's reign, 
 entitled " an act to prevent the sale of slop clothing, and for punishing the concealers and harbor- 
 ers of seamen or marines deserting from the royal navy." 
 
 An act for ascertaining damages on protested bills of exchange. 
 
 An act in amendment of an act entitled " an act for confiiming titles to lands and quieting pos- 
 sessions." 
 
 An act for encouraging the improvement of lands in the peninsula of Halifax, and further 
 quieting of possessions. 
 
 An act in amendment of an act entitled " an act relating to treasons and felonies." 
 
 \u act in addition to and amendment of an act entitled " an act for the better and more effec- 
 tual establishment of the chm-ch of England in this province." 
 
 1, George 3. 
 An act for the better observation and keeping of the Lord's day. 
 An act in amendment of an act entitled " an act durecting the proceedings against forcible entry 
 
 or detainer." 
 
 An act ill further amendment of an act entitled " an act for confinning titles to lands and quiet- 
 ing possessions." 
 
 An act for the registering of mamages, births and deaths. 
 
 An act for preventing damages by unseasonable burning or firing of the woods. 
 
 An act for the amendment of an act entitled " an act conceraing marriages and divorce, and for 
 punishing incest and adultery, and declaring polygamy to be felony." 
 
 An act ti t enable creditors to receive theii* just debts out of the effects of their absent or abscon- 
 ding debtor?!. 
 
 An act for the ajipointment of sworn guagers, ascertaining their duty, gi'anting them an allow- 
 ance, and establishing' tbeiv fees. 
 
 An act for prohibiting the exportation of raw hides, sheep or calf skins, out of this province, 
 other than for Great Britain, and \o prevent the cutting, spUtting or flawing of hides. 
 
 2, George 0. 
 An act for regulating inn-holders, tavern-keepers, and retailers of spii-it\\ous liquors, 
 An act tgv preventing fraudulent dealings in the trade with the Indians," 
 
 Chap. 2. 
 Chap. u. 
 Chap. 4. 
 
 Chap. 5. 
 
 Chap. 10. 
 Chap. 12. 
 
 Chap. 13. 
 Chap. 17. 
 
 Chap. IS. 
 Chap. 20. 
 Chap. 21. 
 
 Chap. 24. 
 Chap. 25. 
 
 Chap. 26. 
 
 1759. 
 
 Chap. 1. 
 
 Chap. 3. 
 
 Chap. 1. 
 Chap. 2. 
 
 Chap. 3. 
 
 Chap. 6. 
 
 Chap. 10. 
 
 Chap. 11. 
 
 1760. 
 
 Cliap. 1. 
 
 Chap. 2. 
 Chap. 4. 
 
 Chap. 8. 
 
 Chap. 9. 
 Chap. 10. 
 
 1761. 
 
 Chap. 1. 
 Chap. 2. 
 
 Cliap. 3. 
 
 Chap. 4. 
 Chap. 8. 
 Chap. 7. 
 
 Chap. 8. 
 
 Chap. 9. 
 
 Chap. 12. 
 
 17B2. 
 
 Chap. 1. 
 Chap. 3, 
 
TITLE xLi.] Chap. 170, 501 
 
 An act to prevent the firing of aquibs, rockets, serpents, or otliex* fire-worka. Chap. 4. 
 
 An act for appointmg firewai-ds, ascertaming then- duty, and for punishing thefts and disorders Chap. 5. 
 at the time of fire. 
 
 An act for regulating the exportation of fish, and the assize of bai-reis, staves, hoops, boards Chap. 8. 
 and all other kinds of lumber, and for appointing officers to survey the same. 
 
 3, George 3. 1763. 
 An act to prevent frauds in the selling of beef, pork, flour and biscuit, or ship bread in casks. Chap. 3 
 
 3 and 4, George 3. 
 
 An act to prevent nuisances by hedges, weirs, and other incumbrances obstructing the passage Chap. 2. 
 offish in the rivers in this province. 
 
 An act to enable the inhabitants of the several townships within this province to maintain their Chap. 7. 
 poor. 
 
 An jict in addition to an,act entitled *' an act for regulating and maintaining an house of cor- Chap. 9. 
 rection or workhouse within the town of Halifax, and for binding out poor children," made and 
 passed in the thii-ty-thii'd year of his late majesty's reign. 
 
 4, George 3. 1764. 
 An act for amending defects in pleas, processes and records. Chap. 1. 
 An act for preventing abatement and dLscontinuance of suits. Chap. '1. 
 
 4 and 5, George 3. 
 
 An act for reformation of jeofails and mispleadings, and to prevent arrests and reversals of Chap. 1. 
 judgments, and for the better advancement of justice. 
 
 5, George 3. 1765. 
 An act for the choice of town officers, and regulating of townships. Chap. 1. 
 An act to enable the inhabitants in the several townships in this province, Halifax excepted, Chap. 5. 
 
 to cause any absent proprietor of lands within the same to pay a dividend or proportion of any 
 county or town charge to be assessed according to law, and to beai- their just proportion in repair- 
 ing highways, roads and bridges within the said townships respectively. 
 
 An act for regulating servants. Chap. 7. 
 
 An act in amendment of an act for confirming titles to lands, and quieting possessions. Chap. 8. 
 
 An act to estabUsh the nmnber of representatives to be elected in the sevei'al counties and Chap. 10. 
 townships which are now estabhshed in this province. 
 
 6, George 3, 1766, 
 Session 1. 
 
 An act for the making perpetual an act made and passed in the fourth year of Ms majesty's Chap. 1, 
 reign, entitled " an act for preventing nuisances by hedges, weirs, and other incumbrances obstruc- 
 ting die passage offish in the rivers of this province." 
 
 An act against forestallers and regraters. Chap. 6. 
 
 An act concerning schools and schoolmasters. Chap. 7. 
 
 6 and 7, George 3, 
 
 An act to prevent the cutting or breaking down the bank of any river, sea bank or dikes. Chap. 1. 
 
 7, George 3. 1767. 
 An act to prevent trespasses on crown lands. Chap, 1. 
 An act to explain and amend the several acts of this province relating to the assize of bread, Chap. 4. 
 
 and for ascertaining the standard of weights and measures. 
 
 7 and 8, George 3. 
 
 An act in addition to an act made in thirty-second year of his late majesty's reign, entitled, " an Chap. 1. 
 act for the establishment of reHgious public worship in this province, and for suppressmg of pope- 
 ry." 
 
 An act for partition of lands in coparcenary, joint tenancy and tenancy in common, and thereby Chap. 2. 
 for the more effectual collecting his majesty's quit rents in the colony of Nova-Scotia. 
 
 8, George 3. 1768. 
 An act for detennining differences by arbitration. Chap. 1. 
 An act for giving like remedy upon promissoi-y notes as now used upon bills of exchange. Chap, 2. 
 An act enabling the sale of goods distrained for rent. Chap. 4. 
 Au act for taking special bail in the country upon actions depending in his majesty's supreme Chap. 7. 
 
 com-t of this province. 
 
 An act for the convenient and speedy assignment of dower. Chap. 8. 
 
 Au act for discharging the penalties and forfeitures in bonds, contracts and agi-eements, on pay- Chap. 10. 
 ment and satisfaction of the principal sum, and damages due upon the same. 
 
 8 and 9, George 3. 
 
 An act for rating and levying of the charges for conveying malefactors and offenders to jail. Chap. 2. 
 
 An act relating to searchers and sealers of leather. Chap. 4. 
 
 An act in amendment of an act made and passed in the seventh year of liis majesty's reign, Chap. 10, 
 entitled, " an act for partition of lands in coparcenary, joint tenancy and tenancy in common, and 
 thereby for the more effectual collecting his majesty's quit rents in the colony of Novu-Scotia." 
 
 9 and 10, George 3. 1769. i 
 
 An act in addition to an act m^e jn the thiFtj'-second year of his late majesty's reign, entitled, Chap. 3. 
 
502 Chap. 170. [partiv. 
 
 " an act to prevent unnecessary firing off guns and other fire arms in the town and suburbs of Ha 
 Jifax." 
 
 1770. 10, George 3. 
 
 Chap. 1. An act for the settlement of the poor in the several townships within this province. 
 
 Chap. 2. An act in further amendment of, and in addition to, an act made in the third year of his present 
 
 ma^iesty's reign, entitled, " an act to enable the several townships withm this province to maintain 
 then- poor." 
 
 Chap. 4. An act for regulating the commons belonging to tlie several townships m this province. 
 
 Chap. 5. An act for establishing the rate of interest. 
 
 Chap. 6. An act to alter the manner of proceeding against certain offenders mentioned in an act made 
 
 in the thirty-second year of his late majesty's reign, entitled, " an act for punishing criminal offen- 
 ders." 
 
 Chap. 9. An act for altering and amending an act made in the first year of his present majesty's reign, 
 
 entitled, " an act for prohibiting the exportation of raw hides, sheep or calf skins, out of this pro- 
 vince, other than for Great Britain, and to prevent the cutting, splitting or flawing of hides." 
 
 Chap. 10. An act for the benefit of the fishery on the coasts of this provmce. 
 
 1771. 11, George 3. 
 
 Chap. 2. An act in amendment to an act made in the thirty-second year of his late majesty's reign, enti- 
 
 tled, " an act declaring what shall be deemed a publication of the province laws." 
 
 Chap. 3. An act in fm-ther addition to an act made in the thurty-second year of his late majesty's reign, 
 
 entitled, " an act relating to treasons and felonies." 
 
 Chap. 6. An act for the more effectually securing the title of purchasers against claims for dower. 
 
 Chap. 10. An act to avoid the double payment of debts. 
 
 1772. 12, George 3. 
 
 Chap. 5. An act in further amendment of and in addition to an act made m the thii-ty-second year of his 
 
 late majesty's reign, entitled, "an act for confinning titles to lands and quieting possessions." 
 
 Chap. 6. An act in further amendment of and in addition to an act made in the third year of his present 
 
 majesty's reign, entitled, " an act to enable the several townships within this province to maintain 
 their poor." 
 
 1773. 13 and 14, George 3. 
 
 Chap. 2. An act for rating and levying the expenses attending the executing writs of partition. 
 
 1774. 14 and 15, George 3. 
 
 Chap. 1. An act in amendment of and to explain an act made in the tenth year of his present majesty's 
 
 reign, entitled, " an act for establishing the rate of interest." 
 
 Chap. 3. An act to prevent waste and destruction of pine or other timber trees on certain reserved and 
 
 ungranted lands in this province. 
 
 Chap. .5. An act for punishing rogues, vagabonds, and other idle and disorderly persons. 
 
 Chap. 8. An act to empower the supreme court to issue writs of certiorari. 
 
 Chap. 10. An act in amendment of an act made in the thirty-second year of his late majesty's reign, enti- 
 tled '' an act for punishing criminal offender;*." 
 
 1775. 15, George 3. 
 
 Chap. 1. An act in addition to an act made in the fifteenth year of his present majesty's reign, entitled, 
 
 " an act to prevent waste and destruction of pine or other timber trees on certain reserved and un- 
 gi-anted lands in this province." 
 
 15 and 16, George 3. 
 Chap. 4. An act in amendment to the several laws of this province concerning bail. 
 
 Chap. 10. An act in addition to, and amendment of an act made in the third year of his present majesty's 
 
 reign, entitled, " an act to prevent nuisances by hedges, weu'S, and other incumbrances obstructing 
 
 the passage offish in the rivers in this province." 
 
 1776. 16, George 3. 
 
 Chap. 1. An act in addition to the several acts made by the general assembly of this province, to enable 
 
 the several townships within the same to maintain their poor. 
 Chap. 3. An act for taking, examining, and stating the public accounts of this province. 
 
 1777. 1", George 3. 
 
 Chap. 1. An act in fm-ther addition to an act made in the fifth year of his present majesty's reign, enti- 
 
 tled, " an act for the choice of town officers and regulating townships." 
 
 Chap. 5. An act in further addition to an act made in the thud year of his present majesty's reign, enti- 
 
 tled, " an act to enable the several townships in this province to maintain their poor." 
 
 1778. 18, George 3. 
 
 Chap. 1. An act for the more speedy settling the value of such lands as are or shall be wanting, to 
 
 erect fortifications or other military uses. 
 Chap. 3. An act for the more speedy recovery of his majesty's debts within this province. 
 
 Chap. 6. An act to amend, render more effectual, and reduce into one act, the several acts made by the 
 
 general assembly of this provmce concerning bail. 
 
 1770. 19, George 3. 
 
 Chap. 2. An act to prevent the spreading of distempers among horses and cattle in this province. 
 
 Chap. 3. An act to regulate abuses in the sale of hides or skins. 
 
 Chap. 7. An act to empower the justices of the peace in their sessions to make regulations for preventing 
 
 the clandestine conveying away sheep and lambs from the townships in this province. 
 
 Chap, 10. An act in amendment of an act made in the thirty-second year of his late majesty's reign, enti- 
 tled, " an axjt directing the proceedings against forcible entry and detainer." 
 
TITLE XLi.] Chap. 170. 503 
 
 20, Geor/re 3. ' 1780. 
 An act for the more speedy and effectual collecting such tovi^n rates and taxes as may be as- Chap. 2. 
 
 sessed on the mhabitants of the township of Halifax. 
 
 21, George 3. 1T81. 
 An act to establish authenticated copies of the records of council as legal evidence. Chap. 2. 
 
 22, George 3. 1782. 
 An act to restrain hawkers, pedlers, and petty chapmen, not duly licensed to trade, ti'aveUing Chap. 1. 
 
 to and fl"o through the country. 
 
 An act in amendment of and addition to an act made in the first year of his present majesty's Chap. 3. 
 reign, entitled, " an act for the registering marriages, births and deaths." 
 
 An act in addition to an act made in the second year of his present majesty's reign, entitled, Chap. 4. 
 " an act for appointing firewards, ascertaining their duty, and for punishing thefts and disorders at 
 the time of fire." 
 
 23, George 3. 1783. 
 An act for the better regulating the ofifice of sheriffs, and the manner in which the sheriffs, Chap. 1. 
 
 clerks of the crown, and clerks of the peace, shall retui'n and pass their accoimts of all tines and 
 forfeitures which shall be imposed by their respective courts, and which shall be levied by the she- 
 riffs for the use of the crown. 
 
 An act in addition to an act made in the second year of his present majesty's veign, entitled, " an Chap. 6. 
 act for appointing firewards, ascertaining then duty, and for pimishiag thefts and disorders at the 
 time of fire." 
 
 An act for relieving his majesty's subjects professing the popish religion from certain penalties Chap. 9. 
 and d^abilities imposed upon them by two acts of the general assembly of this province, made in 
 the thirty-second year of his late majesty's reign, entitled, " an act confii'ming titles to lands, and 
 quieting possessions *," and " an act for the establishment of religious public worship in this pro- 
 vince, and for suppressing of popery." 
 
 25, George 3. 1784. 
 An act to ranpower the justices in the several counties within the province to issue sunmionses Chap. 2. 
 
 for the attendance of witnesses on trials. 
 
 An act to ascertain the munber of representatives to be elected to serve in general assembly for Chap. 5. 
 the several counties and to^vnships therein mentioned. 
 
 An act to prevent the destroying of buoys, beacons or sea-marks which shall be set or placed Chap. 6. 
 by authority in any hai'bor, river, creek or bay within this province. 
 
 26, George 3. 1785. 
 Session 1. 
 
 An act to empowei' the justices of the peace to hold special com*ts of sessions for the pm-poses Chap. 2. 
 therein mentioned. 
 
 Session 2. 1786. 
 
 An act for relieving his majesty's subjects professing the popish religion from certam penalties Chap. 1. 
 and disabilities imposed upon them by the act of the general assembly of this province made in the 
 sixth year of his present majesty'? reign, entitled, " an act concerning schools and schoolmasters." 
 
 An act in addition to and amendment of an act made in the third year of the reign of his present Chap. 7. 
 majesty, entitled, " an act to prevent nuisances by hedges, weh's, and other incumbrances obstruc- 
 ting the passage of fish in the rivers in this province." 
 
 28, George 3. 1787. 
 An act in addition to and amendment of an act made in the fifth year of his present majesty's Chap. 6. 
 
 feign, entitled, " an act for regulating servants." 
 
 An act in further addition to an act passed in the second year of his majesty's reign, entitled, Chap. 8. 
 " an act for appointmg firewards and punishing thefts and disorders at the time of fire." 
 
 An act to prevent the circulation of base and counterfeit half-pence and other copper coin, and Chap. 9. 
 to establish the current value of English crowns, half crowns and shillings in this province. 
 
 An act for the establishment of fees as regulated by the governor and council at the request of Chap. 15. 
 the house of assembly. 
 
 29, George 3. 1789. 
 An act in amendment of an act made m the thii-d year of his present majesty's reign, entitled, Chap. 10. 
 
 " an act to prevent frauds in the selling of flour and biscuit, or ship bread in casks." 
 An act in amendment of an act made in the second year of his present majesty's reign, entitled, Chap. 11. 
 
 " an act for regulating the exportation of fish, and the assize of barrels, staves, hoops, boards, and 
 
 all other kind of lumber, and for appointing oflScers to survey the same." 
 An act to provide for the better support of the puisne judges of his majesty's supreme com't. Chap. 12. 
 
 30, George 3. 1790. 
 An act to amend the act, entitled, "an act for appointing firewards and ascertaining their duty, Chap. 1, 
 
 and for punishing thefts and disorders at the time of fire ;" and also in amendment of the several 
 acts made in amendment or addition to the said recited act, and to extend the several provisions 
 therein contained to the town of shelburne. 
 
 An act to prevent the destroying or defacmg nule-posts, mile-boards, or mile-stones erected, or Chap. 3. 
 to be erected, within this province. 
 
 31, George 3. 1791. 
 An act in addition to, and amendment of, an act made in. the thirteenth year of his present ma* Chap. 1. 
 
 jest^s reign, entitled, " an act for ratmg and levying the expenses attendiog the executing writs 
 of partition." 
 
 An act in addition to an act passed in the first year of his present majesty's reign, entitled, " an Chap. 3. 
 act for the better observation and keeping of the lord's day." 
 
Chap. 6. 
 Chap. 8. 
 
 Chap. 9. 
 
 Chap. 10. 
 
 1792. 
 
 Chap. 3. 
 
 Chap. 4. 
 
 Chap. 6. 
 
 1793. 
 
 Chap. 1. 
 
 Chap. 3. 
 
 Chap. 6. 
 
 504 Chap. 170; [paet iv. 
 
 Chap. 4. Ad act to enable justices of the supreme court and justices of the courts of common pleas to 
 
 issue commissions for the examining of witnesses out of the province, an* for the regulation of pri- 
 sons therein. 
 
 An act to prevent the growth and increase of thistles on the lands of this province. 
 
 An act in further addition to, and amendment of, an act made in the second year of his present 
 majesty's reign, entitled, " an act for appointing firewards, ascertaining theii- duty, and for punish- 
 ing thefts and disorders at the time of tire." 
 
 An act to empower his majesty's justices of the supreme court to require and take bail from 
 persons removing or bringing up causes from infeiior courts to the supreme court. 
 
 An Act in amendment of an act passed in the thirty-second year of the reign of his late majesty, 
 entitled, " an act for confii-ming titles to lands and quieting possessions." 
 
 32, George 3. 
 An act in addition to, and in amendment of, an act, entitled, "an act for the appointment of 
 
 sworn guagers, ascei*taing their duty, granting them an allowance, and establishing their fees." 
 
 An act to revive and amend an act for establishing the standard weight of grain, and for 
 appointing proper oflBcers for measm'ing grain, salt and coals, and ascertaining the standard size of 
 bricks, and the quantity of lime to be contained in a hogshead. 
 
 An act to alter and amend an act passed in the thirty-thii'd year of his late majesty's reign, enti- 
 tled, " an act for regulating and maintaining an house of correction or work house within the town 
 of Halifax, and binding out poor children, and to extend certain provisions therein to the whole of 
 the province." 
 
 33, George 3. 
 An act for granting to his majesty cei-tain duties on wine, rum and all other distilled spirituous 
 
 liquors, and brown sugar, for the purpose of paying the interest and reducing the principal of the 
 public debt of this province. 
 
 An act to prevent obstructions of the navigation in the ports, hai'bors, rivers and creeks within 
 this province. 
 
 An act in addition to, and amendment of, an act made in the fifth year of the reign of his present 
 majesty, entitled, *' an act to enable the inhabitants in the several townships of this province, Ha- 
 lifax excepted, to cause any absent proprietor of lands within the same to pay a dividend or propor- 
 tion of any county or town charge, to be assessed according to law, and to bear their just propor- 
 tion in repairing highways, roads and bridges, within the said townships respectively." 
 
 Chap. 8. An act to enable the deputy surveyors of this province to administer an oath, or affirmation if 
 
 quakers, to such persons as may be employed under them as chain-bearers in measuring lands. 
 
 Chap. 10. An act to enable the sheriflfs of the several counties in this province to administer the oath or 
 oaths, or if to a quaker aflirmation, by law required to be administered to such person or persons, 
 as the said sheriffs may respectively have occasion to employ as appraiser or appraisers of goods, 
 chattels, lands, or other real estates by them attached on mesne process, or taken in execution. 
 
 Chap. 12. An act for extending an act passed in the thirty-second year of the reign of his late majesty, en- 
 titled, " an act to prevent unnecessary firing oflF guns, and other fire-arms in the town and suburbs 
 of Halifax, to the town-plot of Dartmouth." 
 
 Chap. 17. An act to amend an act passed in the sixth year of his present majesty's reign, entitled, " an act 
 for regulating the times and places for holding the several com'ts of justice therein named, and also 
 to enable the supreme com-t to alter and fix the returns of writs." 
 
 1794. 34, George 3. 
 Chap. 2. An act for the preservation of sheep. 
 Chap. 3. An act to render valid conveyances of real estates of married women, by them made or to be 
 
 made during their coverture. 
 Chap. 4. An act for the preservation of partridges and blue wing ducks. 
 
 Chap. 10. An Act for providing for the trial of issues, by justices of nisi prius, in the coimties of Sydney, 
 
 Lunenburg, Queen's County and Sheltam-ne. 
 
 1795. 35, George 3. 
 Chap. 1. An act to amend and reduce into one act the several acts made by the general assembly, rela- 
 ting to the office of sheriffs, and also for altering the form of the summons heretofore used. 
 
 Chap. 2. An act to enable the governor, lieutenant-governor, or commander in chief for the time being, 
 
 to appoint persons to solemnize mai'riages, in places wherein no established clergymen resides. 
 
 Chap. 4. An act for quartering and billetting his majesty's forces, when marching from one district to 
 
 another within the province. 
 
 Chap. 5, An act to prevent the hai-boring deserters from his majesty's army, and the sale of aims, ac- 
 
 coutrements and clothing belonging to his majesty. 
 
 1796. 36, George 3* 
 
 Chap. 4. An act in addition to, and in amendment of, an act, entitled, "an act for the lunitatlon of ac- 
 
 tions, and for avoiding suits of law." 
 
 Chap. 8. An act for regulating the assize of bread. 
 
 Chap. 9. An act to enable the inhabitants of the several towns in this province to raise Inonies for the 
 
 sinking of wells, supplying the same with pumps, and for keeping them in, repair. 
 
 1797. 37, George 3. 
 Chap. 4. An act to explaui and amend an act, passed in the seventh year of his present majesty's reign, 
 
 entitled, " an act for the partition of lands in coparcenary, joint tenancy, and tenancy in common, 
 and thereby for the more effectual collecting his majesty's quit rents in the colony of Nova-Scotia." 
 
 1799. 89, George 3. 
 
 Chap. 4. An act in addition to an act made in the thurd year of his present majesty's reign, entitled, " an 
 
 net to enable the inhabitants of the several townships in this province to maintain their poor." 
 Chap. 5. An act for the better regulation of the circuit com'ts, and for granting new trials m causes 
 
 brought up from the inferior com'ts. 
 Chap. 8. An act for establishing a public market in the town of Liverpool. 
 
TITLE XLi.] Chap. 170. 505 
 
 An act to compel the attendance of the justices of the peace at the several general and quarter Chap. 10. 
 sessions of the peace for the respective counties of this province. 
 
 40, George 3. 1800. 
 An act to amend and render more effectual an act made and passed in the thirty-ninth year of his Chap. 6. 
 
 present majesty's reign, entitled, " an act for the sale of the glebe land' in the township of Gran- 
 ville, and for purchasing another estate as a perpetual glebe, for the resident minister of the esta- 
 blished chuixh in such township." 
 An act for providing pounds in the several townships in this province. Chap. 7. 
 
 41, George 3. 1801. 
 An act in addition to, and amendment of, the act passed in the second year of his majesty's Chap. 1. 
 
 reign, entitled, " an act for appointing firewards, ascertaining theii- duty, and for punishing thefts 
 and disorders at the time of fire." 
 
 An act in amendment of an act made in the thirty-fifth year of his majesty's reign, entitled, " an Chap. 4. 
 act to prevent the hai-boring of deserters from his majesty's army, and the sale of arms, accoutre- 
 ments and clothing belonging to his majesty." 
 
 An act for the better management and reUef of the poor of Halifax. Chap. 6. 
 
 An act for the security of navigation, and for preserving all ships, vessels and goods, which may Chap. 14. 
 be found on shore, wrecked or stranded upon the coasts of this province, and for punishing per- 
 sons who shall steal shipwrecked goods, and for the rehef of persons suffering loss thereby. 
 
 42, George 3. 1802. 
 An act for the appointment of inspectors of butter in the county of Cumberland. Chap. 2. 
 An act to enable the justices of the sessions and grand jury for the county of Halifax, to raise Chap. 3. 
 
 such sums of money, from time to time, as may be necessary to repair the poor house at Halifax, 
 and also building additions to the same. 
 
 An act to alter and amend an act passed in the thirty-second year of his present majesty's reign. Chap. 6. 
 entitled, "an act to alter and amend an act passed in the thirty-third year of his late majesty's 
 reign, entitled, an act for regulating and maintaining an liouse of correction or work house within 
 the to^vll of Halifax, and binding out poor children, and to extend certain provisions therein to the 
 whole of the province." 
 
 43, George 3, 1803. 
 An act in amendment of an act passed in the thirty-fifth year of his majesty's reign, entitled. Chap. 1. 
 
 " an act to prevent the harboring deserters from his majesty's army, and the sale of ai'ms, accoutre- 
 ments and clothing belonging to his majesty." 
 
 An act in amendment of an act made and passed in the tenth yeai- of his majesty's reign, enti- Chap. 3. 
 tied, " an act for the settlement of the poor in the several townships in this pi'ovince ; and also in 
 amendment of an act made in the forty-first yeai- of his said majesty's reign, entitled, ' an act for 
 the better management and rehef of the poor at Halifax.' " 
 
 47. George 3. 1806. 
 An act in further addition to, and amendment of, an act made in the second year of his present Chap. 15. 
 
 majesty's reign, entitled, " an act for the appointment of firewards, ascertainmg then* duty, and 
 for punishing thefts and disorders at the time of fire." 
 An act to regulate the appointment of collectors, and other ofScers of impost and excise. Chap. 16. 
 
 48, George 3. 1807. 
 Session 1. 
 
 An act to amend an act made and passed in the thirty-fourth year of his late majesty's reign, Chap. 20. 
 entitled, " an act for the asceitaining damages on protested bills of exchange." 
 
 An act for extending throughout the province the provisions of an act made in the thirty-second Chap. 21. 
 year of the reign of his late majesty, entitled, " an act to prevent the unnecessary firing of guns 
 and other fire-arms in the town and suburbs of Halifax." 
 
 Session 2. 
 An act to provide for the accommodation and billetting of his majesty's troops, or of the mihtia, Chap. 2. 
 when on the march from one part of the province to another. 
 
 50, George 3. 1809. 
 An act to alter and extend the times of holdmg the supreme court to several of the counties and Chap. 15. 
 
 districts in this province, and for declaring the qualifications of persons hereafter to be appointed 
 justices of the said court, then: numbers and salaries. 
 
 51, George 3. ISH. 
 An act to enable the inhabitants of each township to raise money for defraying the expense at- Chap. 4. 
 
 tendmg the running or perambulating the lines and bounds of the respective townships in this 
 province. 
 
 An act in addition to, and amendment of, an act passed in the forty-eighth year of his majesty's Chap. 5. 
 reign, entitled, " an act to provide for the accommodation and billetting of his majesty's troops, or 
 of the militia, when on the march from one part of the province to another." 
 
 An act to regulate the proceedings of the com-t of escheats. Chap. 6. 
 
 An act in further addition to, and amendment of, the several acts for the choice of town officers Chap. 24. 
 and regulating of townships. 
 
 52, George 3. 1812. 
 Session 1. 
 
 An act in addition to an act made in the second year of his present majesty's reign, entitled, gji^p^ ig. 
 " an act for appointing firewards, ascertaming their duty, and for purushiuff thefts and disorders at 
 the time of fire.'^ 
 
 64 
 
506 Chap. 170. [part iv. 
 
 Chap. 15. An act to alter the meetings of parishioners for the choice of vestry-men ana church-wardens 
 for the several parishes in this province. 
 
 1813. 53, George'Z. 
 
 Chap. 11. Act for repealing so much of an act made in the thurty-second year of the lat« king George the 
 second, entitled, " an act relating to treasons and felonies" as respects the privately murdering or 
 conceahnent of the death of bastard children, and for making other provisions in lieu thereof. 
 
 Chap. 16. An act in amendment of an act passed in the thirty-fourth year of his present majesty's reign, 
 entitled, " an act for the preservation of partridges and blue-winged ducks." 
 
 Chap. 17. An act to continue and amend the act passed m the forty-eighth year of his present majesty s 
 reign, entitled, " an act to provide for the accommodation and biUetting of his majesty's troops, or 
 of the militia, when on the march from one part of the province to another ;" and the act passed in 
 the fifty-first year of his said majesty's reign in amendment of the said act. 
 
 -1^814. 54, George 3. 
 
 ChaD 15 An act for protectmg justices of the peace in the execution of then* office, and for indemnifying 
 
 ' constables and others acting in obedience to their warrants, and also for apprehendmg persons m 
 
 any county or place npon warrants granted by justices of the peace in any other county or place. 
 
 Chap 17. An act to give power to the firewards of the town of Halifax, to prevent dangerous quantities 
 
 of gunpowder being kept within the said town and the harbor thereof. 
 
 1815, 55, George 3. 
 
 Chap 8 An act in addition to, and amendment of, an act passed in the twenty-second year of his majes- 
 
 ' ty's reign, entitled, " an act to restrain hawkers and pedlers and petty chapmen, not duly licensed 
 to trade, travelling to and fro through the country." 
 
 Chap. 9. An act for establishing a bridewell or house of coiTection for the county of Halifax, and for the 
 
 better and more effectual administration of the office of a justice of the peace in the township of 
 Halifax, and for providing a poUce office in said town, with proper officers to attend the same. 
 
 Chap. 14. An act to provide an easier method than is now used for barring estates tail in lands. 
 
 Chap! is! An act to regulate markets in the town of Halifax, and also to repeal an act passed in the thirty- 
 ninth year of his present majesty's reign, entitled, " an act for repairing or re-building the market 
 house and regulating the several markets in the town of Halifax ; and also to revive, alter, amend, 
 and bring into one act, the act for preventing fraud by butchers and fishmongers, and the act made 
 in the thirty-fourth year of his late majesty's reign, for regulating and establishing a pubUc market 
 in the town of Halifax." 
 
 1816. 56, George 3. 
 
 Chap. 4. An act in addition to, and in amendment of, an act passed in the second year of his majesty's 
 
 reign, entitled, " an act for regulating the exportation of fish and the assize of barrels, staves, 
 hoops, boards, and all other kind of lumber, and for appointing officers to survey the same ;" and 
 also of an act passed in the thuty -second year of his majesty's reign, entitled, " an act to revive 
 and amend an act for estabUshing the standard weight of gi'ain, and for appointing proper officers 
 for measm-ing gi'ain, salt and coals, and ascertaining the standard size jof bricks, and the quantity 
 of lime to be contained in a hogshead." 
 Chap. 5. An act for the preservation of snipe and woodcock. 
 
 Chap. 6. An act in addition to an act for punishing criminal offenders. 
 
 Chap. 7. An act to explain the acts concerning marriage and divorce, passed in the thirty-second year of 
 
 his late majesty's reign, and the first year of his present majesty's reign. 
 Chap. 21. An act in addition to, and amendment of, an act, entitled, "an act to revive and amend an act 
 for establishing the standard weight of grain, and for appointing proper officers for measuring 
 gi-ain, salt and coals, and ascertaining the standard size of bricks, and the quantity of lime to be 
 contained In a hogshead." 
 An act to regulate the transportation of gunpowder from place to place within this provinoe. 
 An act to prevent unlawful combinations of master tradesmen, and also of their workmen and 
 journeymen. 
 
 57, George 3. 
 An act in amendment of an act passed in the tenth year of his majesty's reign, entitled, " an act 
 for the settlement of the poor in the several townships within this province." 
 An act for the better supplying the town of Halifax with fresh water. 
 
 An act to regulate the manner of takmg the bonds of sheriffs, collectors of impost and excise, and 
 of the treasurer of the province. 
 Chap. 25. An act to alter and amend an act passed in the twenty-eighth year of liis majesty's reign, entitled, 
 " an act to amend, render more effectual, and reduce into one act, the several acts made by the 
 general assembly of the province concerning bail." 
 
 1818. 58, George 3. 
 
 Chap. 11. An act for new execution to be sued against persons who shall hereafter be deUvered out of 
 
 execution by privilege of either house of the general assembly, and for the discharge of them out 
 
 of whose custody such persons shall be deUvered. 
 Chap. 13. An act for the improvement of the common of Halifax. 
 Chap. 22. An act to facihtate the opening and working of his majesty's coal mines with as little injury as 
 
 possible to the proprietors of lands in this province. 
 Chap. 23. An act to extend the provisions of an act passed in the first year of his present majesty's reign, 
 
 entitled, " an act in addition to, and amendment of, an act, entitled, an act for preventing trespasses" 
 
 to the town of Pictou and the town plot of Dartmouth. 
 Chap. 27. An act to prevent the issue of notes or bills by any corporate body within this province for the 
 
 payment of money. 
 Chap. 31. An act to encourage persons concerned in the lumber trade, and authoi"izing coui'ts of sessions 
 
 to make regulations for preventing obstructions in bringing the same with other articles down the 
 
 several rivers in this province. 
 Chap. 33. An act in addition to, and amendment of, an act made in the second year of his present majesty's 
 
 reign, entitled, "an act for the appouitment of firewards, ascertainlDg their duty, and for pimish- 
 
 ing thefta and disorders at the time of fiire." 
 
 Chap. 
 Chap. 
 
 26. 
 
 27. 
 
 1817 
 
 
 Chap. 
 
 9. 
 
 Chap. 
 Chap. 
 
 16. 
 
 20. 
 
TITLE XLL] Chap. 170. 507 
 
 59, George 3. 1819. 
 
 An act to continue and amentl an act to encourage persons concerned in the lumbei* trade, and Chap. 27. 
 authorizing courts of sessions to make regulations for preventing obstructions in bringing the same 
 with other articles down the several rivers in tliis province. 
 
 An act to alter and amend an act made and passed in the third and fourth years of his present Chap. 28. 
 majesty's reign, entitled, " an act to enable the kOiabitants of the several townships within this 
 province to maintain their poor." 
 
 flO, Georffe 3. 1820. 
 
 An act to establish a public market in the town of Lunenbui'g. Chap. 4. 
 
 An act in amendment of an act passed in the second year of Iiis majesty's reign, entitled, " an Chap. 7. 
 act for appointing fii'ewavds, ascertaining their duty, and for punishing thefts and disorders at the 
 time of fire." 
 
 1 and 3, George 4. 1820—1. 
 
 An act to extend the laws and ordinances of the province of Nova Scotia to the island of Cape Chap. 5. 
 Breton. 
 
 An act in amendment of an act passed in the first year of his late majesty's reign, entitled, " an Chap. 18. 
 act to enable creditors to receive theur just debts out of the effects of their absent or absconding 
 debtors." 
 
 An act to regulate and establish fees in the court of chancery. Chap. 40. 
 
 3, George 4. 1822. 
 
 An act to amend the several acts passed in the thu-ty-second and thu'ty-fomrth years of the Chap. 1. 
 reign of his late majesty king George the second, for confirming titles to land and quieting posses- 
 sions ; and an act passed in the twenty-ninth year of the reign of his majesty king George the 
 third, entitled, "an act to amend the several acts passed in the thirty-second and thirty-fourth 
 years of his late majesty George the second, and in the first, fifth and twelfth yeai's of his present 
 majesty's reign, relative to the registering of deeds and conveyances made of, or which may affect 
 lands, tenements and hei'editaments." 
 
 An act for establishing a public market in each of the towns of Sydney and Arichat, in the county Chap. 12. 
 of Cape Breton. 
 
 An act for consolidating and reducing into one act all the acts heretofore made relating to tres- Chap. 32. 
 
 An act in addition to, and in amendment of, an act passed in the fiftieth year of the reign of his Ctap. 33. 
 late majesty king George the third, entitled, " an act to alter and extend the times of holding the 
 supreme court in several of the counties and districts in this province, and for declaring the quali- 
 fication of persona hereafter to be appointed justices of the said court, their number and salaaies." 
 
 4, George 4. 1823. 
 
 An act for the fm-ther preservation of buoys, beacons or sea-marks, set or placed by authority in Chap. 5. 
 any harbor, river, creek or bay within this province. 
 
 An act for amending and reducing into one, the several acts now in force relating to the support Chap. 6. 
 and management of the poor thi-oughout the province, excepting such parts thereof as relate to 
 their support in the town of Halifax. 
 
 An act in addition to, and amendment of, an act entitled, " an act to regulate the appointment of Chap. 9. 
 collectors and other ofi&cers of impost and excise." 
 
 An act to enable the proprietors of land in the rear blocks or divisions of land in the township of Chap. 22. 
 Guysborough to open roads tlirough the same. 
 
 An act to prevent disorderly riding, and to regulate the driving of carriages on the streets of Chap. 23. 
 Halifax or other towns, or on the public roads of this province, and for repealing certaiu acts 
 therein mentioned. 
 
 An act for the preservation of his majesty's rights in coal mines. Chap. 25. 
 
 An act to amend and contuaue the several acts now in force for regulating the expenditure of Chap. 30. 
 monies for the service of roads and bridges. 
 
 4 and 5, George 4. 1824. 
 
 An act to punish persons guilty of maliciously kilUng or maiming cattle. Chap. 4. 
 
 An act to restrain the issuing of writs of attachment in ceitain cases. Chap. 7. 
 
 An act to alter, amend, and contmue, an act for consolidating and reducing into one act all the Chap. 8. 
 acts heretofore made relating to trespasses. 
 
 An act for the preservation of trout. Chap. 26. 
 
 An act in amendment of an act passed in the thirty-fifth year of his late majesty's reign, entitled, Chap. 34. 
 "an act to prevent the harboring of deserters from his majesty's army, and the sale of arms, ac- 
 coutrements and clothing belonging to his majesty." 
 
 An act relating to the court of commissioners at Halifax. Chap. 36. 
 
 6, George 4. 1825. 
 An act to prevent the cruel treatment of horses, sheep, or other cattle by persons owning or Chap. 22. 
 
 having the charge of the same. 
 
 An act relatmg to the terms of the supreme court at HaUfax. Chap. 23. 
 
 7, George 4. 1826. 
 An act relating to highways, roads, and bridges. Chap. 2. 
 An act relating to commissioners of highways in Halifax and certain other places. Chap. 3. 
 An act to authorize the incorporation of a company for working certain mines of iron in tho Chap. 6. 
 
 county of AnnapoUs. _ _ 
 
 An act for the more easy recovery of debts against co-partners and jomt debtors. Chap. 7. 
 
 An act in addition to, and in amendment of, an act made and passed in the thirty-second year of Chap. 8. 
 the reign of his late majesty king George the second, entitled, " an act directmg the guardianship 
 of minors." 
 
 An act to allow of the bridge at Bridgetown, in the county of Annapolis, being made a draw- Chap. 9. 
 bridge. 
 
508 Chap. 170, [partiv. 
 
 Chap. 11, An act t<-> provide for the master of the rolls in the court of chancery. 
 Chap. 18. An iict for the relief of Roman catholics. 
 
 1827. 8, George 4. 
 
 Chap. 23. An act m addition to, and amendment of, the act relating to highways, roads, and bridges. 
 
 Chap. 26. An act relating to common fields. 
 
 Chap. 27. An act to authorize the justices of the peace in the town of Halifax to borrow money on the 
 credit of the town for erecting a suitable stone building as a magazine for the reception of all gun- 
 powder imported and brought into Halifax, and to compel the imiwrtera thereof to deposit the same 
 in the magazine. 
 
 Chap. 32. An act in amendment of, and in addition to, an act passed in the thirty-sixth year of his late ma^ 
 jesty's reign, entitled, " an act to regulate juries." 
 
 Chap. 33. An act in addition to, and amendment of, an act passed in the thirty-second year of the reign of 
 his late majesty king George the second, entitled, " an act for the establishment of religious public 
 worship in this province and for suppressing popery," and to repeal the third section of an act en- 
 titled, an act for relieving his majesty's subjects professing the popish reUgion from certain i>enal- 
 ties and disabilities imposed on them by the act of the general assembly of this province made in 
 the sixth year of his present majesty's reign, entitled, " an act concerning schools and school- 
 masters." 
 1828. 9, George 4. 
 
 Chap. 4. An act for establishing the lines and boundaries of several counties and districts in this pro- 
 
 vince. 
 
 Chap. 6. An act concermng rehgious congregations and societies. 
 
 Chap. 8. An act for the establishment of a public market in the town of Pictou. 
 
 Chap. 11. An act to provide for the regulation and management of the grammar school or academy at 
 Annapolis. 
 
 Chap. 12. An act to alter and continue the acts now in force relating to trespasses. 
 
 Chap. 13. An act to provide for the payment of certain expenses attending criminal prosecutions. 
 
 Chap. 16. An act relating to coroners and their fees. 
 
 Chap. 20. An act for the more effectually enforcing the inspection and encouraging the exportation of 
 pickled fish. 
 
 Chap. 34. An act to authorize the court of sessions for the county of Shelbume to appoint annually a 
 town officer for the protection of the fish and timber gates on the Barrington river. 
 
 1S20. 10, George 4. 
 
 Chap. 26. An act for ascertaining the commencement of the acts of the general assembly. 
 Chap. 27. An act in further addition to, and in amendment of, the act for the choice of town officers and 
 
 the regulating of townships. 
 Chap. 28. An act for affording relief to co-partners in certain cases. 
 
 Chap. 29. An act to prevent the sale of spirituous liquors to Indians, and to provide for their instruction. 
 Chap. 30. An act in amendment of the act, entitled, " an act for the more effectually enforcing the inspec- 
 tion and encouraging the exportation of pickled fish." 
 Chap. 31. An act to provide for the custom house establishment in Nova Scotia. 
 Chap. 32. An act concerning the common of Halifax. 
 
 Chap. 33. An act m addition to, and amendment of, the several acts of this province relating to the office 
 of sheriffs. 
 I Chap. 40. An act in addition to, and amendment of, an act passed in the third year of the reign of his late 
 
 majesty George the thii-d, entitled, " an act to prevent nuisances by hedges, weirs, and other in- 
 cumbrances obstructing the passage offish in the rivei"s m this province." 
 
 An act for reducing the difficulties and expenses attending suits at law by avoiding the neces- 
 sity of ]>leadmg specially in certain cases. 
 An act in further addition to the act relating to highways, roads and bridges. 
 
 11, Gfori^e 4. 
 
 An act for the relief of liis majesty's i*oman cathohc subjects in this province. 
 
 An ZRt hi amendment of the several acts of this province respecting the surveying of merchant- 
 able cod fish. 
 
 An act in addition to. and amendment of, the act to authorize the incorporation of a company 
 for working mines of ii-on in the county of Annapolis. 
 
 An act to regulate the packing and inspectmg of salted beef and pork for exportation. 
 
 An act to regulate the pilotage of vessels at the port of HaUfax. 
 
 An act to authorize the congregation of the presbyterian meeting house at Corawallis to raise 
 money from the pews of the said meeting house, for the repairing and oniamenting thereof. 
 
 An act in further addition to, and in amendment of, the several acts for appointing firewards, 
 asceitaining their duty, and for punishing thefts and disordei-s at the tune of fire. 
 
 An act to amend and continue the acts concerning the bridewell and police in Halifax. 
 
 1, Wiltiam 4. 
 
 An act in addition to, and amendment of, the act concerning the common of Halifax. 
 
 An act to regulate the pilotage of vessels at the port of Sydney, in the island of Cape-Breton. 
 
 An act in amendment of the act to regulate the pilotage of vessels at the port of Halifax. 
 
 An act to repeal an act passed in the thji-d year of the reign of his late majesty king George the 
 fom-th, entitled, " an act for the greater security of the town of Halifax against fire, and the pre- 
 ventmg the erection of wooden buildings beyond a certain height within the same." 
 
 An act concerning the poor house in Halifax. 
 
 An act in amenrlment of an act made and passed in the first and second years of his late majes- 
 ty's reign, entitled, " an rict to extend the laws and ordinances of the province of Nova-Scotia to 
 the island of Cape-Breton." 
 
 2, JVilliam 4. 
 An act coicerning persons hcensed to keep public hoQses or shops, and the duties thereon. 
 An act coicerning rates and assessments on certain diked marsh lands in CornwaUis. 
 
 Chap. 
 
 44. 
 
 Chap. 
 
 45. 
 
 183( 
 
 ). 
 
 Chap. 
 
 Chap. 
 
 1. 
 
 3. 
 
 Cliap. 
 
 5. 
 
 Chap. 
 Chap. 
 Chap. 
 
 6. 
 
 7. 
 8. 
 
 Chap. 
 
 10. 
 
 Chap. 
 
 11. 
 
 1830-1. 
 
 Chap. 
 Chap. 
 Chap. 
 Chap. 
 
 4. 
 6. 
 13. 
 
 18. 
 
 Chap. 
 Chap. 
 
 24. 
 25. 
 
 18.5: 
 
 
 Chap. 
 Chap. 
 
 1. 
 
TITLE XLi.] Chap. 170, 509 
 
 An act to authorize' the commissioners of streets at Halifax to borrow money for certain pur- Chap. 9, 
 poses. 
 
 An act to prevent the spreading of contagious diseases, and for the peformance of quarantine. Chap. 13. 
 
 An a«t more effectually to provide against the introduction of infectious or contagious diseases, Chap. 14. 
 and the spreading thereof in this province, 
 
 An act to authorize the erection of a public slaughter house for the use of the town of Halifax. Chap, 19. 
 
 An act to amend and continue the acts now in force relating to trespasses. Chap. 30. 
 
 An act relating to marriage Ucences. Chap. 31, 
 
 An act to regulate certain landings in the county of Annapolis. Chap. 32. 
 
 An act additional to the act to regulate the pilotage of vessels at the port of Halifax, and to the Chap. 34. 
 act in amendment thereof. 
 
 An act relating to the LaAvrencetown river. Chap. 38. 
 
 An act to contmue the several acts concerning the bi'ideweU and police in Halifax, and to alter Chap. 46. 
 and amend the same. 
 
 An act concerning malicious injuries to pi-operty. Chap. 48. 
 
 An act for the registry of judgments and attachments and confirming titles to lands. Chap. 51. 
 
 An act to authorize the congregation of the meeting house at Onslow to raise monies from the Chap. 52. 
 pews of the said meeting house for the repau-ing and ornamenting thereof. 
 
 An act to enable the inhabitants of Windsor to provide monies for procui'ing a fire engine for the Cliap. 54. 
 said town. 
 
 An act to continue and amend the acts to authorize the congregation of the presbyterian meet- Chap. 55. 
 ing house at Comwallis to raise money from the pews of the said meeting house for the repairing 
 and ornamenting thereof. 
 
 An act to estabUsh the limits of the town and peninsula of Halifax. Chap. 56. 
 
 An act to alter and amend the act in fiirther addition to and in amendment of the act for the Chap. 62. 
 choice of town officers and regiilating of townships. 
 
 3, William 4. 1833. 
 An act in further amendment of the acts relating to trespasses. Chap. 3. 
 An act for continuing the general assembly in case of the death or demise of his majesty, his Chap. 4. 
 
 heu's and successors. 
 
 An act to lessen the expense of the proof of written documents in actions depending iu any of the Chap. 13. 
 courts within this province. 
 
 An act for the more easy redemption and foreclosure of mortgages. Chap. 19. 
 
 An act concerning cemeteries or burial gi'ounds for tlie town of Halifax. Chap. 32. 
 
 An act to establish the boundary hnes of the township of Barrington, Chap. 33. 
 
 An act to alter and continue the act more effectually to provide against the introduction of in- Chap. 37. 
 fectious or contagious diseases, and the spreading thereof in this province. 
 
 An act to continue, alter, and amend the several acts now in force relative to the inspection of Chap. 39. 
 pickled fish. 
 
 An act concerning nuisances. Chap. 40. 
 
 An act in amendment of the act for the settlement of the poor in the several townships within this Chap. 42. 
 province. 
 
 An act for granting patents for useful inventions. Chap. 45. 
 
 An act to authorize the sessions of the peace for the coxmty of Queen's coimty to make regula- Chap. 46. 
 tions for the gathering of sea manure in the said county. 
 
 An act to establish the township of Argyle and define the limits thereof. Chap. 47. 
 
 An act for the appointment of trustees for the public property of the town of HaUfax, and for Chap. 48. 
 other purposes. 
 
 An act concerning county treasurers. Chap. 49. 
 
 An act for amending the practice of the court of chancery, and diminishing the expenses thereof. Chap. 52. 
 
 An act for regulating the exportation of red or smoked herrings. Chap. 53. 
 
 An act for preventing the multiplicity of law suits. Chap, 58. 
 
 An act in addition to, and in explanation of, the acts now in force relative to the extension of the Chap. 59. 
 terms of the supreme court at Halifax. 
 
 An act relative to the allowance to collectors of town, county and poor rates at Halifax. Chap. 61. 
 
 An act relating to compensation to collectors of poor rates. Chap. 63. 
 
 An act to continue and amend the act to prevent tlie spreading of infectious or contagious dis- Chap. 67. 
 cases and for the performance of quarantine. 
 
 An act respecting stray horses and cattle in the county of King's county, and for enabling the Chap. 68. 
 owners thereof to discover the same. 
 
 An act to encourage the killing of bears, loup-cerviers and wild cats. Chap. 70. 
 
 An act to prevent the occurrence of diseases from the bite of animals. Chap. 71. 
 
 4, William 4. 1834. 
 An act concerning duties on liquors distilled within this province. Chap. 2. 
 An act respecting actions for the escape of prisoners in certain cases. Chap. 5. 
 An act to increase the number of fire-men in the town of Halifax. Chap. 6. 
 An act for applying certain monies therein mentioned for the senfice of the year of om* lord one Chap. 11. 
 
 tliousand eight hundred and thirty-four, and for appropriating such part of the suppUes granted in 
 this session of the general assembly as are not ah-eady appropriated by the laws or acts of this pro- 
 vince. 
 
 An act for appomting supervisors to take charge of public grounds, and for other pm-poses. Chap. 12, 
 
 An act in amendment of the several acts relating to the registry of deeds and the conveyances of Chap. 14. 
 real estates. 
 
 An act in addition to, and in amendment of, an act made and passed in the thirty-second year of Chap. 16. 
 the reign of his late majesty king George the second, entitled, " an act for limitation of actions, and 
 for avoiding suits at law." 
 
 An fict to repeaJ certain acts rek , co the meeting house and bm-ymg place at Truro, and for Chap. 17. 
 substituting other provisions in lieu oUereof. 
 
 An act concerning certain notes pm-portmg to be bank notes, for restraining the circulation thereof, Chap. 24. 
 and for other pui*poses. 
 
 An act for the support and regulation of light houses. Chap. 25, 
 
 An act in amendment of the act for granting patents for useful inventions. Chap. 26. 
 
510 Chap. 170. [part iv. 
 
 Chap. 30. An act to amend the act foi' extending several acts relating to firewards to the town of Yarmouth. 
 Chap. 36. An act to prohibit the sale of spirituous liquors in jails, or jail yards and prisons, or within the 
 
 limits thereof. 
 Chap. 46. An act for warehousing goods. 
 Chap. 47. An act for regulating the importation of goods. 
 Chap. 48. An act concerning goods exported, and for granting drawbacks. 
 Chap. 49. An act for the general regulation of colonial duties. 
 Chap. 50. An act for the prevention of smuggling. 
 Chap. 56. An act for regulating the fishery in the river Shubenacadie. 
 
 Chap. 57. An act to limit the income of the collector of impost and excise for the district of Halifax. 
 Chap. 62. An act for borrowing money for the use of the province. 
 Chap. 65. An act concerning the real estate of lunatics and idiots. 
 Chap. 67. An act to authorize the congregation of the presbyterian meeting house at Douglas to raise money 
 
 from the pews of the said meeting bouse, for the repairing and ornamenting thereof. 
 Chap. 68, An act to prevent the clandestuie landing of liberated slaves, and other persons therein mentioned, 
 
 from vessels arriving in this province. 
 Chap. 69. An act in amendment of the act relating to highways, roads and bridges. 
 Chap. ?1. An act in fui-ther amendment of the act concerning the common of Ha-USax. 
 
 Chap. 73. An act for protecting the eastern side of the road leading round the western [bank of Bedford 
 
 Basin. 
 
 1834^5. 5, William 4. 
 
 Chap. 2. An act to faciUtate summary proceedings before justices of the peace and others. 
 
 Chap. 3. An act for the commutation of the royal quit rents in this province. 
 
 Chap. 6. An act to amend the act to regulate the assize of bread. 
 
 Chap. 8. An act to incorporate a company for insurance against fire and on lives. 
 
 Chap. 11. An act to regulate the survey of timber and lumber, and to repeal certain acts now in force. 
 
 Chap. 13. An act to dfrect and ascertain the mode of assessing county and district rates, and for other pur 
 poses. 
 
 Chap. 17. An act additional concerning nuisances. 
 
 Chap. IS. An act to amend and continue the act more effectually to provide against the introduction of in- 
 fectious or contagious diseases, and the spreading thereof in this province. 
 
 Chap. 23. An act for seciii-ing to John Story and his assigns, the exclusive right in a certain slip or railway 
 for the use of vessels. 
 
 Chap. 26. An act respecting the offices of master of the rolls and judge of the court of vice admiralty. 
 
 Cliap. 27. An act concerning suits against foreign bodies poUtic or corporate, and to repeal the acts now in 
 force. 
 
 Chap. 37. An act to divide the county of Halifax, and to regulate the representation thereof. 
 
 Chap. 38. An act to continue and amend an act for the prevention of smuggling. 
 
 Chap. 40. An act to prevent damage to the nets of fishermen by coasting vessels. 
 
 Chap. 42. An act to amend the act for appomting supervisors to take charge of public grounds and for 
 other purposes. 
 
 Chap. 44. An act to regulate cei*tain landings in the county of King's county. 
 
 Chap. 46. An act to divide the county of Cape-Breton, and to regulate the representation thereof. 
 
 Chap. 48. An act relating to certain roads in the upper district of the county of Sydney. 
 
 Chap. 53. An act to explain and amend the act conceimng rates and assessments on certain diked marsh 
 lands in Cornwallis. 
 
 1836. 6, William 4. 
 
 Chap. 2. An act to incorpoi-ate the Noel associated plaister and millfl company. 
 
 Chap. 5. An act to authorize certain peraons therein named to erect dams, abutments and piers, across the 
 
 mouth of moose river, and to grant the right of tide-way thereto and therein. 
 
 Chap. 7. An act to amend the act to direct and ascertain the mode of assessing county and district rates, 
 
 and for other piuTwses, so far as respects the district of Halifax. 
 
 Chap. 8. An act relating to the fisheries, and for the preventon of illicit trade in the province of Nova-Sco- 
 
 tia, and the coasts and harbors thereof. 
 
 Chap. 11. An act to authorise the congregation of the meeting house at Chester to raise money from the 
 pews of the said meeting house, for the repairing and ornamenting thereof. 
 
 Chap. 14. An act to authorize the congregation of a certain meeting house at Shubenacadie to i-aise money 
 from the pews of the said meeting house, for the repairing and ornamenting thereof. 
 
 Chap. 15. An act to enable the congregation of the meeting house at Masstown in Londonderry to raise 
 money from the pews of the said meeting house, for the repairing and ornamenting thereof. 
 
 Chap. 21. An act to incorporate the Petite plaister and mills company. 
 
 Chap. 22. An act to amend the act to dii-ect and ascertain the mode of assessing coxmty and district rates, 
 and for other purposes. 
 
 Chap. 30. An act concerning private acts. 
 
 Chap. 39. An act respecting the collection of poors' rates of Pictou. 
 
 Chap. 40. An act further to amend the act relating to trespasses. 
 
 Chap. 43. An act to authorize the grand jury and the court of sessions in the coimty of Cumberland, to pre- 
 sent and assess money for the erection of a lock-up house in Pugwash, in the said county. 
 
 Chap. 48. An act relating to the merchant seament of this province. 
 
 Chap. 53. An act to incorporate the King's coimty woollen cloth and mills company. 
 
 Chap. 57. An act to increase the number of commissioners of highways in Pictou. 
 
 Chap. 68. An act to amend the act to extend to the town of New Glasgow, in the district of Pictou, the provi- 
 sions of the act relating to coromissioners of highways in Halifax, and cei-tain other places. 
 
 Chap. 76. An act to provide for the regulation and management of the gr amm ar school or academy at Syd- 
 ney, in Cape-Breton. 
 
 Chap. 77. An act to amend the act for securing to John Story and his assigns, the exclusive right in a cer- 
 tain sUp or railway, for the use of vessels. 
 
 Chap. 79. An act to divide the county of Sydney, and to regulate the representation thereof. 
 
 Chap. 82. An act to incorporate the Kennetcook mills company. 
 
 Chap. 83. An act to amend and repeal certain provisions in the act concerning cemeteries or burial grounds 
 in the town of Halifax. 
 
 Chap. 86. An act relative to executions issumg from the supreme court of this province. 
 
TITLE XLi.] Chap. 170. 511 
 
 An act to erect the county of Shelbume into two separate and distinct counties, and to regulate Chap. 88. 
 the representation thereof. 
 
 An act for the better regulation of barristers, advocates, attomies, solicitoi-s and proctors prac- Chap. 89. 
 tising in the courts of this pi'ovince. 
 
 An act to incorporate the AnnapoUs steamboat company. Chap. 90. 
 
 An act for the better protection of the property of merchants and others who may hereafter enter Chap. 94. 
 into contracts or agreements in relation to goods, wares, or merchandize entrusted to factors or 
 agents. 
 
 7, William 4. 1837. 
 
 An act for estabhshing and regulating ferries, and to repeal the act now in force. Chap, 11. 
 
 An act in amendment of the act to incorporate the Petite plaister and milla company. Chap. 12. 
 
 An act to authorize the grand jui-y and court of sessions in the county of Pictou to present and Chap. 13. 
 assess monies for the erection of a lock-up-house in New Glasgow, in the said county. 
 
 An act in addition to, and amendment of, an act made and passed in the fifth year of his majesty's Chap. 14. 
 reign, entitled, "an act to incorporate a company for insinance against fire and on lives." 
 
 An act for ^^nting duties on licenses for the sale of spirituous liquors. Chap. 15. 
 
 An act for granting duties on licenses for the sale of spirituous hquors and for sales by auction Chap. 28. 
 to persons resident in the town of Halifax. 
 
 An act to amend the act for recovering debts from absent or absconding debtors. Chap. 29. 
 
 An act to continue, alter and amend the several acts now in force relative to the inspection of Chap. 44. 
 pickled fish. 
 
 An act to amend the act concerning persons licensed to keep public houses or shops, and the Chap. 48. 
 duties thereon. 
 
 An act to regulate the fishery of Saint Mary's Bay, in the coimty of Annapolis. Chap. 49. 
 
 An act to revive, as to the town of Halifax, the act to regulate the assize of bread. Chap. 60. 
 
 An act for placing the bridge at Bridgetown under the direction of the commissioners of high- Chap. 51. 
 ways for Bridgetown. 
 
 An act to incorporate the HaUfitx whaling company. Chap. 52. 
 
 An act in amendment of the act for the more easy redemption and foreclosure of mortgages. Chap. 53. 
 
 An act for providing fire engines for the town of Yarmouth, and for other purposes. Chap. 57. 
 
 An act to repeal an act in addition to and amendment of an act for the choice of town ofBcers Chap. 61. 
 and regulating of townships, and to revive an act in further addition to and amendment of the se- 
 veral acts for the choice of town oflBicers and the regulating of townships. 
 
 An act to render less dangerous the navigation of the Gulf of Saint Lawrence by erecting light Chap, 63. 
 houses on the islands of Saint Paul and Scatarie, and for the support and maintenance thereof. 
 
 An act to enable members of the house of assembly about to leave the province, or unable from Chap. 64. 
 indisposition to attend their duty, to resign their seats therein. 
 
 An act to extend to the counties of Sydiiey and Guysborough the act respecting stray horses and Chap. 75. 
 cattle in the county of King's county, and for enabling the owners tliereof to discover the same. 
 
 An act to amend the act concenung cemeteries or bm'ial grounds in the town of Halifax. Chap. 76. 
 
 An act to divide the county of Annapolis and to regulate the representation thereof. Chap. 89. 
 
 An act for the quiet of the subjects in their possession of lands, tenements and hereditaments Chap. 93. 
 within this province. 
 
 1, Victoria. 1838. 
 Session 1. 
 
 An act to incorporate the Halifax mai'ine insurance company. Chap. 2. 
 
 An act further to amend the act concerning cemeteries or bui-ial grounds in the town of Halifax. Chap. 17. 
 
 An act to prevent injury to the fisheries in the county of Lunenburg by mill dams or any other Chap. 18. 
 obstruction. 
 
 An act to enable a company called the Bank of British North America to sue and be sued in the Chap. 24. 
 name of any one of the local directors, or of the manager for the time being, of the said company in 
 this province. 
 
 An act to enable the proprietors of a certain island at Pubnico, called John's island, to divide the Chap. 36. 
 same. 
 
 An act to establish that part of the township of Clements lying in the county of Digby into a se- Chap. 38. 
 parate township. . 
 
 An act respecting the firemen of the town of Halifax. Chap. 43. 
 
 An act to repeal the act to regulate the public landing at Windsor, and to substitute other pro- Chap. 49. 
 visions in lieu thereof. 
 
 An act respecting the travelling fees of constables, in certain cases Chap, 61. 
 
 An act to establish the county or shire town in the county of Digby. Chap. 62. 
 
 Session 2. 
 
 An act respecting the culUng of dry fish. Chap. 2. 
 
 An act to establish the standard weight of gi-ain, and to repeal the enadtments now in force. Chap. 4. 
 
 An act in further amendment of the act to regulate the expenditure of monies hereafter to be ap- Chap. 7. 
 propriated for the sei-vice of roads and bridges. 
 
 An act for altering the representation in general assembly, as respects the county of Inverness. Chap. 8. 
 
 An act to enable the inhabitants of the town of Lunenburg to procure a fire engme, with other Chap. 10, 
 utensils and materials necessary for extinguishing fires. 
 
 An act for the better regulation of Sable Island, in this province. Chap. 12. 
 
 An act to increase the number of engine-men in the town of Halifax. Chap. 27. 
 
 An act to continue the act to direct and ascertain the mode of assessing county and district rates, Chap. 35. 
 and for other pui-poaes, and the acts in amendment thereof. 
 
 2, Victoria. 1839. 
 An act to establish the rate of tare upon sugar. Chap. 6. 
 An act to continue and alter the act for granting duties on licenses for the sale of spirituous liquors. Chap. 7. 
 An act to continue and alter the act for grating (luties oa Uceuges iQX the sale of spirituous li Chap. S. 
 
 quorB, and for galea by auction in Haliiivx. 
 
512 Chap. 170. [partiv. 
 
 Chap. 10. An act in amendment of the act to regulate the packing of salted beef and pork for exportation; 
 
 Chap. 14. An act in fui'ther addition to the several acts now in force respecting poors' rates. 
 
 Chap. 16. An act to enal)le the inhabitants of CornwaUis to provide a public town house for that township. 
 
 Chap. 17. An act to provide a lock-up house at River John, in the county of Pictou. 
 
 Chap. 18. An act to authorize the gi'and jury and court of sessions in the county of Colchester, to present 
 
 and assess monies for the erection of a lock-up house in Tatamagouche, in the said county. 
 Chap. 22. An act to alter the limits of the jurisdiction of the commissioners of highways in Lunenburg. 
 Chap. 23. An act for setting off part of the township of Saint Mary's into a separate township. 
 Chap. 24. An act for improving the administration of criminal justice. 
 Chap. 25. An act additional to, and in further amendment o^ the act concerning cemeteries or burial grounds 
 
 in the town of Hahfax. 
 Chap. 27- An act to incorporate the moose river mills company. 
 Chap. 28. An act to change the name of the Petite plaister and mills company. 
 Chap. 31. An act for regtdating the trial of controverted elections or returns of members to serve in general 
 
 assembly. ' 
 
 Chap. 35. An act for regulating returns of members to serve in general assembly. 
 Chap. 36. An act for securing copy-rights. 
 
 Chap. 38. An act for estabUshing a hai-bor master at Bridgeport, in the island of Cape-Breton. 
 Chap. 39. An act to make the stealing of dogs, beasts and birds, larceny. 
 Chap. 41. An act in further amendment of, and additional to, the acts relating to trespasses. 
 Chap. 42. An act respecting inspectors of pickled fish and guagers of fish oil. 
 Chap. 42. An act to continue and amend the act in further addition to, and in amendment of, the act 
 
 for the choice of town officers, and regulating of townships, and the act to alter and amend the 
 
 same. 
 Chap. 63. An act to continue and further to amend the act to direct and ascertain the mode of assessing 
 
 county and district rates and for other pm'poses, and the act in amendment thereof. 
 
 1840. 3, Victoria. 
 
 Chap. 4. An act for limiting the duration or contmuance of the general sasembly. 
 
 Chap. 9. An act for enabling persons indicted for felony to make their defence by counsel. 
 
 Chap. 11- An act to continue and amend the act for appointing supervisors to take charge of public 
 
 grounds, and for other pui-poses. 
 Chap. 12. An act to establish sundiy regulations for the future disposal of crown lands in the province of 
 
 Nova Scotia. 
 Chap. 14. An act in further amendment of the act to regulate the packing and re-packing of salted beef and 
 
 pork for exportation. 
 Chap. 15. An act to divide the township of Parrsborough, and to annex parts thereof to the counties of 
 
 Colchester and Cumberland respectively. 
 Chap. 18. An act to regulate and prevent injury to rail roads. 
 Chap, 19. An act to regulate the shad fishei-y in the county of Cumberland. 
 Chap. 20. An act for providing fire engines for the town of Bridgetown, and for other purposes. 
 Chap. 21. An act to amend the act to extend to the town of Dartmouth the act relating to the commission- 
 ers of highways in Halifax and certain other places. 
 Chap. 23, An act to regulate the Gaspereau and salmon fishery in Horton. 
 Chap. 25. An act concerntog wills. 
 
 Chap. 26. An act to regulate certain landings in the county of Digby. 
 
 Chap. 29. An act to divide and set off the township of Sahit Mary's, in the county of Guysborough, as a 
 
 separate and distinct district. 
 Chap. 32. An act to incorporate an hotel company in Hahfax. 
 Chap. 33. An act to authorize the sale of the real estate lying on the peninsula of Halifax, commonly caUed 
 
 the " Old Blue Bell Farm." 
 Chap. 34. An act to authorize the congregation of the meeting house at Tusket Village to raise monies from 
 
 the pews of the said meeting house for the repairing and ornamenting thereof. 
 Chap. 37. An act to authorize the congregation of the meeting house in the town of Yarmouth, near the 
 
 parade, to raise monies from the pews of such meeting house for the repairing and ornamenting 
 
 thereof. 
 Chap. 39. An act to regulate the fencing of the marsh at Pubnico. 
 Chap. 40. An act to preserve the harbor of Cape Forchu, in Yarmouth. 
 Chap. 41. An act to provide for building a bridewell. 
 Chap. 42. An act to vacate the seats of members on the acceptance of certain offices of place or emolument 
 
 under the cro^vn. 
 Chap. 43. An act to incorporate the Bay of Fundy steam navigation company. 
 Chap. 44. An act to continue and amend the act in further addition to and in amendment of the act for the 
 
 choice of town officers and regulating of townships, and the acts to alter and amend the same. 
 Chap. 47. An act in addition to an act, entitled, " an act additional to and in further amendment of the act 
 
 concerning cemeteries or burial grounds in the town of Halifax." 
 Chap. 54. An act to amend the act to establish the county or shire town in the county of Digby. 
 Chap. 55. An act in addition to the act to divide the county of Annapolis, and to regulate Sie representa- 
 tion thereof. 
 
 1841. 4, Victoria. 
 
 Chap. 2. An act for the encouragement of agriculture and rui'al economy in this province. 
 
 Chap. 3. An act to improve the administration of the law and to reduce the number of courts of justice 
 
 within this province, and to diminish the expense of the judiciary therein. 
 
 Chap. 4. An act for improving the administration of justice in criminal cases in this province. 
 
 Chap. 5. An act to amend the law relating to burning or destroying buildings and ships. 
 
 Chap. 6, An act for amending the law relative to offences against the person. 
 
 Chap. 7. An act to amend the laws relating to robbery, burglary and larceny. 
 
 Chap. 8. An act to abolish the punishment of pillory, cutting the ears of offenders, and whipping, and\to 
 
 substitute impnsonment in lieu thereof. 
 
 Chap. 9. An act to prevent a failure of justice by reason of variances between records and writings pro- 
 
 duced in evidence in support thereof. 
 
 Chap. 10. An act in addition to, and amendment of, an act passed auxing the present session of the general 
 
TITLE XLi.] Chap. 170. 513 
 
 assembly, entitled, "an act to improve the administration of the law, and to reduce the number of 
 courts of justice within the province, and to diminish the expense of the judiciai'y thei-ein. 
 
 An act further to amend the act to improve the administration of the law, and to reduce the num- Chap. 11. 
 ber of courts of justice within this province, and to diminish the expense of the judiciary therein. 
 
 An act to set off north Sydney as a separate township. Chap. 12. 
 
 An act concerning the court of marriage and divorce. Chap. lo. 
 
 An act for makuig regulations to prevent dogs going at large in certain cases. Chap. 15. 
 
 An act for the protection of lake porter bridge. Chap. 16. 
 
 An act in addition to, and in amendment of, an act entitled, "an act to incorporate the Petite Chap. 21. 
 plaister and mills company," and the acts passed in amendment thereof. 
 
 An act fui"ther to amend the acts respecting registiy of deeds. Chap. 23. 
 
 An act for the suppression of lotteries. Chap. 25. 
 
 An act respecting the number of assessors of pool's' rates for Pictou. Chap. 27. 
 
 An act to authorize tlie congregation of the baptist meeting house at Pleasant Valley, in Corn- Cliap. 28. 
 wallis, to raise monies fi'om the pews of the said meeting house, for the repairing and ornamenting 
 thereof. 
 
 An act to enable grand jm'ies and courts of session to make compensation to sheriffs in certain Chap. 31. 
 cases. 
 
 An act to amend the act to divide the township of Parrsborough, and to annex parts thereof to Chap. 41. 
 the counties of Colchester and Cumberland respectively. 
 
 An act to extend to the township of Egerton the act respecting poors* rates of Pictou, and to Chap. 42. 
 amend the said act. 
 
 An act to set off Weymouth into a separate township. Chn]). 44. 
 
 An act to amend the act to regulate certain landings in the county of Digby. Chap. 46. 
 
 An act to alter the laws for making lands liable for the payment of debts. Chap. 49. 
 
 An act to provide a lock-up house and a town house at Barrington, in the county of Shelburne. Chap. 53. 
 
 An act to amend the act for providing fire engines for the town of Yarmouth, and for other pur- Chap. 54. 
 poses. 
 
 An act to provide hay scales, and weights and measures, for the township of Lunenbui*g. Chap. 59. 
 
 An act to amend the act to enable the uihabitants of CornwalUs to provide a pubUc town house Chap. 61. 
 for that township. 
 
 An act for regulating the militia. Chap. 108. 
 
 5, Victoria. 1842. 
 
 An act for regulating the currency of this province. Chap. 8. 
 
 An act to alter the sittings of the general sessions of the peace for the several counties therein Chap. 30. 
 mentioned. 
 
 An act to revive the act to amend the act to regulate the assize of bread. Chap. 11. 
 
 An act to continue and amend the act to regulate the pilotage of vessels at the port of Sydney, in Chap. 15. 
 the island of Cape-Breton, and to repeal certain acts relative thereto. 
 
 An act to provide for tlie instruction and peimanent settlement of the Indiana. Chap. 16. 
 
 An act for the more effectually preventing embezzlements by persons employed in the pubhc ser- Chap. 17. 
 vice of her majesty. 
 
 An act to prevent delay in the administx'ation of justice in cases of misdemeanor. Chap. IS. 
 
 An act additional to the act for amending the law relative to offences against the person. Chap. 19. 
 
 An act to amend the law relating to forgery. Chap. 20. 
 
 An act to amend the law against offences relating to the coin. Chap. 21. 
 
 An act relating to the comts of probate, and to the settlement and distribution of the estates of Chap. 22. 
 deceased persons. 
 
 An act to authorize the congregation of the baptist meeting house at Argyle, to raise monies from Chap. _,J. 
 the pews of the said meeting house, for the repaying and ornamenting thereof. 
 
 An act to amend the acts for the encoui'agement of schools. Chap. 24. 
 
 An act respecting teachers of schools. Chap. 26. 
 
 An act to extend to the meeting house at Polly Tillage the provisions of an act relating to the Chap. 27- 
 meeting house at Mass Town, and to amend the said act. 
 
 An act to provide a lock-up house and town house at Chester. Chap. 29, 
 
 An act in addition to, and amendment of, the act relating to highways, roads and bridges. Chap. 30. 
 
 An act to authorize the congregation of the presbyterian meeting house at Chebogue to raise Chap. 32. 
 monies from the pews of the said meeting house, for the repairing and upholding thereof. 
 
 An act for the summary trial of actions before justices of the peace. Chap. 33. 
 
 An act to amend the acts respecting the collection of poors' rates of Pictou and Egerton. Chap. 34. 
 
 An act to continue and amend the act to prevent disorderly riding, and to regulate the driving of Chap. 35. 
 carriages on the streets of Halifax, or other towns, or on the public roads of this province, and for 
 repeaUng certain acts therein mentioned. 
 
 An act to estabUsh a session house and lock-up house at Bridgetown, and to repeal a certain act Chap. 36. 
 therein mentioned. 
 
 An act to revive and continue the acts for the support and regulation of light houses. Chap. d9. 
 
 An act relative to public exhibitions. Chap. 40. 
 
 6, Victoria. 1843. 
 
 An act to continue and amend the acts for granting duties on licenses for the sale of spu-ituous Chap. 8. 
 liquors, and sales by auction in Halifax. 
 
 An act to alter an act, entitled, " an act to improve the administration of the law, and to reduce •^^lap. y. 
 the number of courts of justice within this province, and to dunhush the expense of the judiciary 
 therein. 
 
 An act to amend the act for regulatmc election of members to serve in general assembly. Chap. 11. 
 
 An act to provide for an additional sitting of the general sessions of the peace in King's county. Chap. 14. 
 
 An act to authorize the proprietors of meeting houses or churches to raise monies ftom the pews Chap. 15. 
 of the same, for the repairing and upholdmg thereof. 
 
 An act to authorize the grand jury and court of general sessions of the peace for the county of Chap. 16. 
 Lunenburg, to make regulations for the gathermg of sea manure, in the township of Chester. 
 
 An act to extend the privileges of the fire-engine men of Halilkx. Chap. 18. 
 
 An act for making regulations relative to the setting of snares for catching moosfii Chap. 19. 
 
 65 
 
514 Chap. 170. [part iv. 
 
 Chap. 20. An act to amend the act to provide a lock-up house and town house at BaiTuigton, in the county 
 
 of Shelburne. 
 Chap. 22. An act respecting the measuring of giind-stones in the county of Cumberland. 
 Chap. 24. An act for disposing of old roads. 
 
 Chap. 25. An act in addition to, and in amendment of, the act relating to the courts of probate, and to the 
 
 settlement and distribution of the estates of deceased persons. ^ 
 
 Chap. 26. An act for dividing the township of Digby into separate districts for the support of the poor. 
 Chap. 27. An act to incorporate the Halifax mechanics' whaling association. 
 Cbap. 32. An act relative to the appropriation of the license duties in the town of Sydney. 
 Chap. 33. An act to regulate the practice of the courts of probate within this province. 
 Chap. 36. An act in further addition to, and amendment of, the several acts now in force concerning ceme- 
 teries or burial grounds in the town of Halifax. 
 Chap. 37. An act for setting off a part of the township of Egerton, as a separate district for the support of 
 
 the poor. 
 Chap. 40. An act to enable the tmstees of the Sydney academy, in the county of Cape-Breton, to raise 
 
 money for the completion of the same. 
 Chap. 45. An act to continue and amend the act to establish sundry regulations for the futui-e disposal of 
 
 crown lands in the province of Nova Scotia. 
 Chap. 46. An act continuing and amending the acts gi'anting duties on licensed houses. 
 Chap. 48. An act to extend to the town of Dartmouth the act to amend the act to regulate the assize of 
 
 bread. 
 Chap. 51. An act further concerning firewards and fii-es in Halifax. 
 
 1844. 7, Victoria. 
 
 Session 1. 
 
 Chap. 3. An act for the government and regalation of the provincial penitentiary. 
 
 Chap. 7. An act for the regulation of the sahnon fishery m the River Saint Mai-y's, in the county of Guys- 
 
 borough. 
 
 Chap. 9. An act to enable the inhabitants of Liverpool, in Queen's county, to provide monies for procuring 
 
 a fire engine for said town. 
 
 Chap. 10. An act to amend the act to provide for the regulation and management of the grammar school or 
 academy at Sydney, in Cape Breton. 
 
 Chap. 11. An act to exempt certain officers and persons employed in her majesty's ordnance department, 
 dockyard, victualling and naval hospital estabhshments at Halifax, fi-om working on highways and 
 discharging other civil duties. 
 
 Chap. 42. An act relative to the performance of statute labor on highways. 
 
 Chap. 47. An act in addition to the law concerning courts of probate. 
 
 Chap. 48. An act to provide for an additional sitting of the com-t of general sessions of the peace at Guys- 
 borough, and for other pui'iioses. 
 
 Chap. 52. An act to alter the sittings of the general sessions of the peace for the county of Annapolis. 
 
 Cliap. 56. An act to amend the act for the instruction and peimanent settlement of the Indians. 
 
 Chap. 57. An act to provide two lock-up-houses and two town houses for the county of Inverness. 
 
 Chap. 58. An act further to amend the act for regulating elections of members to serve in general assembly. 
 
 Chap. 59. An act to provide for erecting a new bi'idge across the Liverpool River at Milton, and for the re- 
 pau- of the road leading fi'om thence to Middlefield. 
 
 Chap. 60. An act to prevent damage to the nets of fishermen in Chedabucto bay. 
 
 Chap. 64. An act to repeal certain clauses of the act relating to commissioners of highways in Halifax and 
 certain other places, and also to amend the said act. 
 
 Chap. 68. An act relative to certain streets in the town of Guysborough. 
 
 Chap. 69. An act for dividing the township of Pictou into sepai*ate districts for the support of the poor. 
 
 Chap. 70. An act fmther to amend an act to preserve and regulate the navigation of the harbor of Pictou. 
 
 Chap. 71. An act to amend the act for amending the law relative to oflences against the person. 
 
 Chap. 73. An act for the presex-vation of moose. 
 
 Chap. 74. An act to authorize the sale of the old court house and jail at Arichat and the lot of land on 
 which it stands, and the purchase of a new site therefor, and for other purposes. 
 
 Chap. 75. An act to authorize the sessions of the peace for the county of Halifax to make regulations for the 
 gathering of sea manure in the said county. 
 
 Chap. 76. An act to provide an additional sittings of the general sessions of the peace in the county of In- 
 verness. 
 
 Session 2. 
 
 Chap. 2. An act to amend the act to provide for an additional sittings of the general sessions of the peace 
 
 at Guysborough, ajid for other purposes. 
 
 1845. 8, Victoria. 
 
 Chap. 2. An act to regulate the issuing of commissions and the takiog of depositions in the supreme coml. 
 
 Chap. 4. An act to divide the township of Douglas into separate districts for the support of the poor. 
 
 Chap. 5. An act to amend the act respecting stray horses and cattle in Kings county. 
 
 Chap. 6. An act to amend the act for determining differences by arbiti-ation, and to render references to 
 
 arbitration more effectual. 
 
 Chap. 7. An act to amend the act for dividing the township of Pictou into separate districts for the sup- 
 
 port of the poor. 
 
 Chap. 9. An act to authorize the sessions of the peace for the county of Digby to make regulations for the 
 
 gathering of sea manm-e in the township of Digby. 
 
 Chap. 10. An act in relation to trials of summary causes in the supreme com't. 
 
 Chap. 11. An act to make regulations to prevent geese going at large. 
 
 Chap. 12. An act further in relation to the acts for affording relief to poor settlers. 
 
 Chap. 15. An act to continue and amend the act for regulating the importation of goods. 
 
 Chap. 16. An act to continue and amend the act for the prevention of smuggling. 
 
 Chap. 17. An act to continue and amend the act for the general regulation of colonial duties. 
 
 Chap. 18. An act to continue and amend the act for the warehousing of goods. 
 
 Chap, 19. An act to amend the act concerning duties on liquors distilled within this provhice. 
 
TITLE XLi.] Chap, 170. 515 
 
 An act to continue and amend tlie act concerning goods exported, and for granting drawbaclcs. Chap. 21. 
 
 An act concerning the support and regulation of light houses. Chap. 22. 
 
 An act to continue and amend the acts to regulate the pilotage of vessels at the port of Halifax. Chap. 28. 
 
 An act to revive, continue and alter the act in amendment of the acts relating to highways, Chap. 29. 
 roads and bridges. 
 
 An act for supplying the city of Halifax with water. Chap. 31. 
 
 An act to incorporate the atlantic mai-ine insm-ance company. Chap. 32. 
 
 An act to incorporate the Cole Harbor dike company. Chap. 33. 
 
 An act for taxing dogs hi certain pai-ts of the city of Halifax. Chap. 35. 
 
 An act for the encom-agement of agricultui-e and rural economy in this province. Chap. 37. 
 
 An act to divide the township of Max^velton into separate districts for the support of the poor. Chap. 39. 
 
 An act to preserve and regulate the navigation of the harbor of Antigonishe. Chap. 40. 
 
 An act for setting off a part of the township of Sherbrooke, in the district of Sauit Mary's, as a Chap. 41. 
 SLjutrate district for the support of the poor. 
 
 jVri act m amendment of the act for the regulation of the provmcial penitentiary. Chap. 42. 
 
 An act for the regulation of prisons. Chap. 43. 
 
 An act to make provision for a harbor-master at Spanish River, in the county of Cape Breton. Chap. 45. 
 
 An act to amend the act concerning the performance of statute labor on the highways. Chap. 4(i. 
 
 An act to encoiu'age the killing of wolves. Chap. 47. 
 
 Au act to incorporate agricultural societies. Chap. 49. 
 
 An act to continue and amend the act for the summary trial of actions before justices of the Chap. 51. 
 peace. 
 
 An act to continue and amend the acts in amendment of the acts for the choice of town officers Chap. 53. 
 and the regulating of townships. 
 
 9, Victoria. 1846. 
 
 An act in relation to the expenditure of the public monies on the highways. Chap. 1. 
 
 An act to amend the act to establish the boundary lines of the township of Barrington, Chap. 4. 
 
 Au act in amendment of the act for providing fire engines for the town of Yarmouth, and for Chap. 5. 
 other purposes. 
 
 An act to continue and amend the acts to establish sundiy regulations for the futui-e disposal of Chap. 6. 
 crown lands mthin the province of Nova Scotia. 
 
 An act further to amend the act to regulate certain landings in the county of Digby. Chap. 7. 
 
 An act in relation to loans out of the road monies for the present yeui'. Chap. 10. 
 
 An act for the appointment of commissioners of sewers. Chap, 11. 
 
 An act for relieving insolvent debtors from imprisonment. Chap. 12. 
 
 An act in relation to bastai'd children. Chap. 13. 
 
 An act in relation to the treasury notes, the funded debt, and the Halifax savuigs bank. Chap. 14. 
 
 An act to alter the teims or sittings of the supreme court on the western circuit. Chap. 15. 
 
 An act for the regulation of sheriff's fees. Cliap. 16. 
 
 An act to amend the act to encom'age the killing of wolves. Chap. 17. 
 
 An act to amend the act relating to commissioners of sewers, so far as respects the Wickwire Chap. 19. 
 dike at Horton. 
 
 An act relative to the boundary line between the counties of Shelburne and YaiTnouth. Chap, 20. 
 
 An act to amend the act to divide the townshii* of Maswelton into separate districts for the sup- Chap. 21. 
 
 port of the poor. Cliap. 22. 
 
 An act relating to the appraisement and sale of property taken under attachment. 
 
 An act to disable certain persons from holduig seats in the executive or legislative council or Chap. 23. 
 house of assembly within this pi-ovince. 
 
 An act in relation to the conveyance of lands by manied women. Chap. 24. 
 
 An act to continue and amend the act in relation to trials of summary causes in the supreme Chap. 25. 
 
 COUl't. 
 
 An act relating to the general sesions of the peace in the county of Inverness. Chap. 27. 
 
 An act to prevent coasting on the highways. Chap. 28. 
 
 An act to authorize the conveyance of lands for the benefit of schools. Chap. 20. 
 
 ^Vn act in relation to roads over tlie ice. Chap. 30. 
 
 An act to alter the act for the encouragement of schools. Chap. 31. 
 
 .Vn act in addition to the act to improve the administration of the law. Chap. 33. 
 
 An act to provide for the running of division lines between different comities. Chap. 34. 
 
 An act to incorporate the Liverpool marine insurance company. Cliap 35. 
 
 An act to regulate the weighing and selling of beef. Chap. 38. 
 
 An act in relation to the cai'ting of deals and timber on certain roads in the county of Cumber- Chap. 39. 
 land. 
 
 An act to continue and amend the act concerning duties on liquors distilled within this province. Chap. 40. 
 and also further to amend the same. 
 
 An act to continue and amend the act in relation to barristers and attornies. Chap. 42. 
 
 An act further to amend the act concerning the performance of statute labor on the highways. Chap. 45. 
 
 An act to amend and explain the act to alter the laws for making lands liable for the payment of Chap. 46. 
 debts. 
 
 An act to continue and amend the act for regulating the fishery in the river Shubenacadie. Chap. 47. 
 
 An act to define and estabhsh the lines of the township of Dartmouth. Chap. 49. 
 
 An act further to amend the cruninal law. Chap. 50. 
 
 An act in relation to promissory notes or undertakings payable in produce or otherwise than in Chap. 52. 
 money. 
 
 An act fui'ther to amend the act for the encom-agement of schools. Chap. 53. 
 
 An act to continue and amend the act for appointing supervisors to take chai'ge of public grounds, Chap. 54. 
 and for other pui-poses. 
 
 An act to incorporate the commissioners of the poor for the town and peninsula of Halifax. Chap. 55. 
 
 An act to incorporate the Nova-Scotia western steam navigation company. Chap. 56. 
 
 10, Victoria. 1847. 
 
 An act to improve the law relating to the election of representatives to serve in the general as- Chap. 1 
 sembly. 
 
 An act to prevent the fraudulent making of false and pretended conveyances of lands or interests' Chap. 4. 
 therein. 
 
516 Chap. 170. [partiv. 
 
 Chap. 6. An act relative to the sittings of the supreme court and general sessions of the peace in the 
 
 county of Shelburne, 
 
 Chap. 7. An act relating to the laws of the province. 
 
 Chap. 9. An act to amend the act for the smnmary trial of actions before justices of the peace. 
 
 Chap. 10. An act to prevent obstructions to the ferry across the harbor of Halifax. 
 
 Chap. 11. An act to amend the act relating to maniage Ucences. 
 
 Chap. 19. An act to continue and amend the acts for granting duties on Ucences for the sale of spirituous 
 
 liquors. 
 
 Chap. 21. An act to exclude incompetent persons from the practice of physic and sm-gery. 
 
 Chap, 25. An act relative to the general sessions of the peace in the county of Cape-Breton. 
 
 Chap. 26. An act to alter the sittings of the general sessions of the peace for Queen's Coimty. 
 
 Chap. 28. An act to regxUate the harbor of Saint Mary's. 
 
 Chap. 32. An act in further addition to the act relating to highways, roads and britlges. 
 
 Chap. 33. An act for appointing trustees fur public property in the county of Colchester. 
 
 Chap. 35. An act to prevent coasting on the highways. 
 
 Chap. 36. An act to amend the acts to regulate the pilotage of vessels, at Sydney, Cape-Breton. 
 
 Chap. 38. An act to provide for the opening of a new line of road from Dartmouth to the settlements on the 
 
 eastern shore. 
 
 Chap. 40. An act further to alter the acts respecting the collection of poors' rates in the township of Pictou. 
 
 Chap. 41. An act respecting the collection of poors' rates in the thh'd section of the township of Piciou. 
 
 Chap. 42. An act to establish the tolls to be taken at giist mills. 
 
 Chap. 43. An act in relation to the support of the poor in certain parts of the township of Egeiton. 
 
 Chap. 46. An act relating to streets and highways in certain towns and places therein named. 
 
 Chap. 48. An act relating to the crown land depaitment of this ijrovince. 
 
 Chap. 50. An act to provide for the partition of certain lands in the township of Harrington. 
 
 Chap. 51. An act to incorpoi-ate the Londonderry mining association of Nova-Scotia. 
 
 Chap. 52. An act to incorporate the Nova-Scotia fire insurance company. 
 
 Chap. 59. An act relative to the sittings of the general sessions of the peace in the county of Digby. 
 
 Chap. 61. An act in luldition to, and alteration of, the acts for establishing regulations for the disposal of 
 
 crown lands within this province. 
 
 Chap. 64. An act to establish the boundary line between the counties of Cape-Breton and Richmond. 
 
 Chap. 94. An act to continue the act to enable the proprietors of lands in the rear blocks or divisions of lands 
 
 in the township of Guysborough to open roads through the same. 
 
 Chap. 96. An act to continue the act to provide against tlie occuiTcnce of diseases from the bite of animals. 
 
 Chap. 98. An act to continue the act to encoui-age the killing of bears, loup-cenriers and wild cats. 
 
 1848. 11, Victoria. 
 
 Chap. v. An act to continue and amend the act to prevent obstructions to the ferry across the hai'bor of 
 
 Halifax. 
 
 Chap. 9. An act to regulate the importation of books and to protect the British author. 
 
 Chap. 12. An act in further amendment of the act concerning the performance of statute labor on the high- 
 ways. 
 
 Chap. 13. An act lurther to amend the act for the summary trial of actions before justices of the peace. 
 
 Chap. 14. An act in further amendment of the act for the encouj-agement of schools. 
 
 Chap. 15. An act to set off a part of tlie township of Shelbm-ne as a separate district for the support of the- 
 
 poor. 
 
 Chap. 16. An act concemmg the act relating to highways, roads and bridges. 
 
 Chap. 21. An act to render the judges of the supreme court and the master of the rolls independent of the 
 crown, and tn provide fm- their removal. 
 
 Chap. 22. An act to jjrovide for the more accurate audit and inspection of pubUc accomits in this i>rovince, 
 
 and for the appointment of certain public officers therein. 
 
 Chap. '2Z. An act relating to the crown land department of this province. 
 
 Chap. 24. An act to commute the crown revenues of Nova Scotia, and to pi'ovide for the civil Ust thereof. 
 
 Chap. 26. An act to authorize itsj;esf:meut> for the relief of distressed settlers in certain cases. 
 
 riiaiJ. 27. An act relating to the natuvaliziitioo of aliens in thit^ province. 
 
 Chap. 29. An act to continue and ultfi- the acts for i/iantmg duties on licenses for the sale of spirituous 
 
 liquors. 
 
 f'bap. 30. An act in amendment of the act to e^Labli^ll the toll to liu taken at grist mills. 
 
 ("hap. 01, An act to amend the act to mtike provision for a liarbor master at Spanish Kivur, Cape Breton. 
 
 Cliap. o2. An act to continue and alter the act to regulate the harbor of Saint >lHry's. 
 
 Chap. y-j. All act for tlie regulation of the salmon fishery hi the rivers of this province. 
 
 Chap. 34. All act for the regulation of juries. 
 
 Cliap. ofi. An act to limit the responsibility of copartners in certain cases. 
 
 Chap. 37. An act to amend the act to facilitate proceedings before justices of the peace and others. 
 
 Ctiap. 38. An act to continue the act additional concerning nuisances. 
 
 Cliap. 41. An act for altering and improving the practice of the supreme court. 
 
 Cliap. 42. An act to i-ej^ulate immigrant vessels and passengers. 
 
 ('hap. 44. An act for regulating the court house gi-onnd at Amhei-st, in the county of Cumberland. 
 
 Chap, 45. An act for the regulation of the county jail at HaUfax, 
 
 Cliap, 47. An act to provide for the building of Wallace bridge. 
 
 Chap. 4s. An act relating to fJrandique ferry, in the county of Richinnud, 
 
 Chap, 50. All act to authorize the grand juries in the counties of Halifax and Pictou to assess said counties 
 
 for the erection of hospitals therein, 
 
 ('hup. 51, Ah act aflditional to the act to regidate certain landings in the county of King's comity. 
 
 Chap, .'i4. An act to continue the act to extend to the town of Dartmouth the act to funend the act to regu- 
 late the assize of bread. 
 
 <'ha.\). .J.). An act tn oontmue the acts to i*egulate the pilotage of ^■essels at the port of IfaUfax, 
 
 Chup. 56. An act In continue tlie act to direct and ascertain the mode of assessing coimty and distiicl rates 
 
 and for other purposes, and the acts in amendment thereof. 
 
 Chap. 57. An act to continue tlic act relating to the courts of probate, and to the settlement and distribu- 
 
 tion of tlie estates of deceased i)ersoiis. 
 
 (Jhap. 58. An act to continue tlie act to make regidations to prevent geese going at largo. 
 
 Chap, 59. An act to continue the act for dividing the township of Digby into separate districts for the sup- 
 port of the poor. 
 
TITLE XLi.] Chap. 170. 5I7 
 
 An act to continue the act in relation to tlie expenditure of public monies on the highways. Chap. 60 
 
 An act to continue the act to incorporate agricultural societies. Chap 61 
 
 An act to continue the acts now in force relating to trespasses. Chap 62 
 
 An act to continue the acts m force relative to the inspection of pickled fish. Chap 63* 
 
 An act to continue the act relating to marriage licenses. Chap. 64. 
 
 An act to continue the act in relation to the gathering of sea manure m the township of Bigby. Chap! 66.' 
 
 12, Victoria. 1849. 
 An act for transfering the cro^vn revenues of Nova Scotia, and providing for the civil list thereof. Chap. 1. 
 An act for the amendment of the law, and the better advancement of justice. Chap. 2. 
 An act to amend the law relating to the appuiiitraent of sheriffs. Chap, 3. 
 An act in further amendment of the acts respecting county rates. Chap, e! 
 An act for enabUng the commissioners for erecting and building the trunk Ihie of railway from Chap. 9. 
 
 Halifax to Quebec, to construct the same withm the limits of this province. 
 
 An act in further amendment of the acts for the more easy redemption and foreclosure of mort- Chan 13 
 sages. *^ 
 
 An act to consolidate the acts respecting the incorporation of the city of Halifax. Chap 14 
 
 An act to regulate the inspection of pickled fish. Chap. 15.' 
 
 An act for the division of districts for the support of the poor. Chap. 16. 
 
 An act to amend the acts concerning the performance of statute labor on the highways. Chap. Vl. 
 
 An act further in addition to the acts relating to highways, roads and bridges. Chap, is! 
 
 An act to coutmue and amend the law regiUating the survey of timber, lumber and shingles. Chap. 20* 
 
 An act for miproving the law of evidence. Chap. 2l! 
 
 An act further to improve the administration of the law. Chap.' 22.* 
 
 An act relative to the rendering by bail of their principal. Chap. 23! 
 
 An act concerning the act for the regulation of juries. Chap. 24! 
 
 An act to enable the inhabitants of the county of King's County to re-build theU' court house and Chap 25* 
 jail, lately destroyed by fire. 
 
 An act relating to certain harbors and pilotage thereat. Chap. 26. 
 
 An act respecting suits agamst collectors of poor rates. Chap. 27. 
 
 An act to abolish fees of the clerks of the peace. Chap. 28! 
 
 An act fm-ther to amend the act for the appointment of commissioners of sewers. Chap, 29! 
 
 An act relating to the roman catholic cemetery in Halifax. Chap. 3o! 
 
 An act to authorize the sale of the court house and jail grounds at Shelburne, and the pui'chase of Chap. 32. 
 a new site therefor. 
 
 An act to alter the representation of the coimty of Colchester. Chap. 33. 
 
 An act additional to the act for providing fire engines for the town of Yarmouth. Chap. 34. 
 
 An act to authorize assessments for the support of ferries. Chap. 35. 
 
 An act to authorize a loan for the use of the province. Chap. 37. 
 
 An act to incorporate the Chebucto marine insurance company. Chap. 38! 
 
 An act to incoi-porate the British North American electric telegraph association in the province Chap. 39. 
 of Nova-Scotia. 
 
 An act to regulate the pier or wharf at Everett's landing In the township of Weymouth. Chap. 46. 
 
 An act to continue the act for the encouragement of agriculture and rural economy in this pro- Chap. 65. 
 vince. 
 
 13, Victoria. 1850, 
 An act to alter the Halifax corporation act. Chap. 4. 
 An act to divide the county of Halifax into townships, and to confer certain municipal privileges Chap. 5. 
 
 upon the inhabitants thereof. 
 
 An act to amend the act to regulate the inspection of pickled fish. Chap. 6. 
 
 An act for the weighing of flom". Chap. 7. 
 
 An act for taking the census of the province, and obtaining statistical information. Chap. 8. 
 
 An act to facilitate legal proceedings against companies doing business by agents in tliis province. Chap. 10. 
 
 An act relating to the court house and jail at Kentville. Chap. 12. 
 
 An act to authorize her majesty's subjects to plead and reason for themselves or others, in all Chap. 13, 
 her majesty's courts within this province. 
 
 An act for the laying out of certain gi*eat roads. Chap. 14. 
 
 An act to provide for expenses of boards of health and of vaccination. Chap, 15. 
 
 An act to enable the governor in council to make orders for estabUshing an xmiform rate of pos- Chap. 16. 
 t;tge in Nova Scotia and regulating a postal an'angement with other coimtries. 
 
 -Vn act fm-ther to umend the law relating to com'ts of probate. Chap. 17. 
 
 An act concerning the registrars of deeds. Chap. 18. 
 
 An act concerauig school lands and the appointment of trustees therefor. Chap. 19. 
 
 An act relative to the support of the poor. Chap. 20. 
 
 An act to prevent the introduction of convicted felons into this province. Chap. 22. 
 
 An act for regulating the anchorage of vessels in the harbor of Halifax. Chap. 26, 
 
 An act to provide a weighing machine, weights and measiures for the township of Chester. Chap. 27. 
 
 An act to enable the members of the house of assembly to vacate their seats therein. Chap. 28. 
 
 An act to regulate the fees to be taken in the court of marriage and divorce. Chap. 31. 
 
 An act to enable the inliabitants of the township of Maxwelton to build a lock-up house. Chap. 32. 
 
 An iict to enable suitors in the supreme court to obtain the testhnony of the judges thereof. Chap. 33. 
 
 An act to provide for the custody of certain documents relating to the township of Chester. Chap. 34. 
 
 An act for the encouragement of education. Chap. 39. 
 
 An at^t relating to the powder magazine at Halifax. Chap. 44. 
 
 An act to autliorize a loan for the use of the province. Chap. 47. 
 
 An act to incorporate the trustees of Saint Andrew's free church at Sydney, Cape Breton. Chap. 62. 
 
 An act for the management of the colonial customs and excise. Chap. 54. 
 
 An act further concerning the act for the regulation of juries. Chap. 55. 
 
 An act to provide for a lock-up house in Clare. Chap. 57. 
 
 An act concerning insm-ance offices. Chap. 59. 
 
 [passed 31st march, a. u. 1851. 
 
SUPPLEMENT 
 
 TO 
 
 THE REVISED STATUTES, 
 
 CONTAINING ; 
 
 THE PUBLIC GENERAL ACTS PASSED SUBSEQUENTLY DURING THE SAME 
 SESSION. 
 
 AN ACT 10, EXTEND THE ELECTIVE FRANCHISE. 
 Passed Wi AprU, 1851. 
 
 Be it enacted, 6fc. — 1. Every elector in any election of members Qualification of 
 
 electors. 
 
 to serve in general assembly hereafter to be held in this province, 
 shall be a male, twenty-one years of age, and be qualified as is by law 
 now required, or shall have been assessed for and paid in the year 
 next preceding such election poor or county rates in the county for 
 which he shall vote ; and every such person shall be entitled to 
 vote for the county and the township within the county in which 
 his assessment shall have been enrolled. 
 
 2. If any assessor of poor or of county rates shall knowingly Penalty for uiegai 
 assess any person not legally liable for such rates, or knowingly assessment. 
 omit to assess any person who is legally liable therefor, he shall be 
 
 guilty of a misdemeanor, and be punished by fine not less than 
 ten pounds, or impriscaiment at the discretion of the court. 
 
 3. It shall be the duty of every collector of county rates to coUector to re- 
 return to the clerk of the peace the assessment roll furnished him, J.^°j^'f'"^*'J' 
 and to certify thereon the names of all such persons as have paid peace. 
 their rates, whether voluntarily or under warrant of distress. The 
 
 return of the assessment for the year one thousand eight hundred 
 and fifty shall be made within sixty days from the passing of this 
 act and of the assessments for the present and succeeding years, 
 within thirty days after the time now allowed by law for making 
 such returns, under a penalty of ten pounds. 
 
 4. It shall be the duty of every collector of poor rates to return couector of poor 
 to the overseers of the poor the Ust furnished to such collector, ?„ we'J'seS^f"" 
 and to certify thereon the names of all such persons as shall have ?<"»■ 
 
 paid their rates, whether voluntarily or under warrant of distress. 
 
520 SUPPLEMENT TO THE REVISED STATUTES. 
 
 The returns of such rates as have been paid during the year one 
 thousand eight hundred and fifty, and for the same year, or for any 
 part thereof, shall be made -within sixty days from the passing of this 
 act, and filed by the overseers with the clerk of the peace forthwith, 
 under a penalty of ten pounds ; and the returns for the present or 
 any subsequent year or portion of a year, shall be made ■within 
 thirty days after the time now allowed by law for making such re- 
 turns, under a penalty of ten pounds ; and the overseers shall file 
 such returns with the clerk of the peace within thirty days there- 
 after, under a like penalty. 
 Clerk of the peace 5. Whenever an election is to be held for a county or town- 
 riff copies of re- ship, and the presiding ofiicers are duly appointed for the several 
 cXty rates when elcctoral distrfcts therein, the clerk of the peace shalldeUver to 
 an election is to be the sherffi', who shall distribute to each presiding ofBcer, copies of 
 such returns of the payment of county and poor rates within the 
 year next preceding, by the parties assessed therefor, within the 
 township or townships, place or places, wherein such electoral dis- 
 trict is situate, which copies shall be sent by the presiding ofiicer, 
 along with his return, to the sheriff 5 and every presiding officer 
 and clerk of the peace shall forfeit ten pounds for every neglect of 
 such duty. 
 on'mch retmifto ^- -^7 P^rson tendering his vote at such election shall be held 
 have paid their qualified to votc iu the electoral district in which he resides, who 
 rates, OT produ-^ shall be Certified on such returns to have paid his county rates for 
 SefOTrqSified *^® J^ar ucxt preceding, or the poor rates for any part of such year, 
 to vote, &c. on making oath, if required by a candidate or his agent, that he is 
 twenty-one years of age or upwards, and is the same person rated, 
 and that he resides in such district ; or who, not being so certified, 
 shall produce a receipt for such poor or county rates, signed by the 
 collector thereof, and shall deUver such receipt to the presiding 
 officer, and further shall make oath, if required by a candidate or 
 his agent, that he is twenty-one years of age, and is the same per- 
 son rated, and that he resides in such district ; and such persons 
 shall be marked in the poll book as having claimed a right to vote 
 as rate-payers, and if such oath shall be administered, as having 
 been sworn. 
 
 AN ACT TO DIVIDE THE COUNTY OP CAPE-BRETON, AND TO 
 
 REGULATE THE REPRESENTATION THEREOF. 
 
 Passed 7th April, 1861. 
 
 bedwded'tato Be it enacted, Sf-c.—l. Thepresent county of Cape-Breton shall 
 two counties. be divided into two counties, to be called the county of Cape-BretoUj 
 
 and the county of Victoria. 
 Division of conn- 2. The couuty of Capfr-Breton shall comprise all that part of 
 tia arutvlctoria!' ^^ preSciit couQty of Cape-BrctOn to the southward of a line com- 
 
SUPPLEMENT TO THE REVISED STATUTES. 521 
 
 mencing at the entrance of a large stream that falls into the sear,; 
 about three miles to the westward of point Anconi, at the eastern 
 extremity of the island of Boulardrie, and following the middle of 
 the stream upwards until it intersects the present highway between 
 the great and little Bras d'Or ; thence running parallel to the rear 
 line of the front lot on the north side of Boulardrie to the eastern 
 extremity of island point, on the south side of Boulardrie, in a di- 
 rection by the magnet due south ; thence due south by the magnet 
 to the middle of little Bras d'Or channel ; thence up the middle 
 thereof westerly to the middle of the strait of Barra ; thence 
 following the mid channel thereof to the western end of the strait ; 
 thence in a direct line to the line at or near point Malaga- 
 watchkt, that now separates the county of Cape-Breton from 
 the county of Inverness ; and the county of Victoria shall com- 
 prise the remainder of the present county of Cape-Breton, that is 
 to say, all that part thereof to the northward of the line above de- 
 scribed. 
 
 3. After the dissolution of the present general assembly, and After dissolution 
 at the calling of any new general assembly, the governor shall is- aasemwy govev-^ 
 sue writs for the election of members to serve in such new general " ™ eiecuon ""' 
 assembly for the counties of Cape-Breton and Victoria respectively, members. 
 
 viz : for the county of Cape-Breton one member, for the township 
 of Sydney one member, and for the county of Victoria two mem- 
 bers. 
 
 4. Such of the electoral districts of the present county of Cape- Electoral district 
 Breton as shall be wholly within the county of Cape-Breton, as ana victoria, 
 hereby established, shall be the electoral districts of the county of 
 Cape-Breton ; and such of the electoral districts as are wholly 
 
 within the county of Victoria shall be the electoral districts of the 
 county of Victoria. Such part of the island of Boulardrie as is 
 within the county of Cape-Breton, as hereby established, shall con- 
 stitute an electoral district in such county, and the polling place 
 shall be at or near Patrick Howley's, at Alice bridge ; and such 
 part of the island as is within the county of Victoria shall consti- 
 tute an electoral district in that county, the polling place whereof 
 shall be at or near Alexander Munro's school house, Boulardrie. 
 
 5. When this act shall come into operation, and until new com- ic^lf^Xnt'apI 
 missions or appointments shall be issued or made, all such judges, pointed sh^i con- 
 justices, or other omcers as are or may be appointed tor tne present the two counties 
 county of Cape-Breton, and be in office and be resident in the new 
 county of Cape-Breton as hereby created, shall be judges, justices, 
 and officers of such new county. All such justices and other offi- 
 cers as are or may be appointed for the present county of Cape- 
 Breton, and be then in office and resident in the new county of 
 Victoria, shall, until a new commission or appointment as afore- 
 said, be justices and and officers for the new county of Victoria, 
 in the same manner to all intents and purposes as if they had 
 been respectively commissioned and appointed for the new county 
 in which they shall be so resident when this act shall come 
 
 66 
 
 until a new com- 
 mission issue. 
 
522 SUPPLEMENT TO THE KEVISED STATtJTES. 
 
 Jail in cape-Bre- into Operation. Until the new county of Victoria shall have been 
 Viotoria^"^ " provided with a jail, the jail of the present county of Cape-Breton 
 shall be the jail of the new county of Victoria ; and until a new 
 sheriff for the county of Victoria shall be appointed, the sheriff for 
 the county of Cape-Breton shall continue to act as the sheriff of 
 the county of Victoria, in the same manner as if this act had not 
 passed, 
 siierisf to be ap- 6. A sheriff for the county of Victoria shall be appointed in 
 femtt HiS.'^ manner by law provided during the trinity term of the supreme 
 court at Halifax, or at any other time during the present year, who 
 shall continue in office until the annual appointment of sheriffs in 
 the year one thousand eight hundred and fifty-two. 
 Baddeck to be 7. The town of little Baddeck shall be the shire or county 
 toS',1nd°s'J'°' town of the new county of Victoria for all purposes whatsoever, 
 prem'e court to sit and shall be hereafter called Baddeck, and there shall be held 
 thereat, in every year after the present year, two terms ot the su- 
 preme court, on the third Tuesday of June and the third Tuesday 
 of October, and one term of the general sessions of the peace on 
 the third Tuesday of November. 
 Cuatos, &o. to be 8. So soon as this act shall come into operation there shall be 
 spedS'sessiMLs appointed a custos rotulorum, who shall appoint a clerk of the 
 when^tMr°!wt* peace for the county. The clerk shall forthwith upon his ap- 
 shaii go into ope- pointment summon a special sessions of the peace to be held at 
 Baddeck, and such sessions shall appoint five of their number to 
 Grand jurors to prepare lists of persons qualified to serve as grand and petit jurors, 
 be appointed, &c. ■\vhich Committee shall return the lists when completed to the spe- 
 cial sessions, which shall be adjourned for the purpose, and out of 
 the lists so returned the clerk shall forthwith draw twenty-four 
 names of persons to serve as grand jurors, and also a list of petit 
 jurors, which shall be the jury for the trial of actions at the first 
 term of the supreme court to be held at Baddeck as hereinbefore 
 mentioned, which lists when drawn shall be signed by the president 
 of the sessions instead of a judge of the supreme court, as in or- 
 dinary cases ; and it shall be the duty of the clerk of the peace to 
 summon the persons so drawn as grand jurors, to attend at the spe- 
 cial general sessions hereinafter mentioned, and such grand jurors 
 shall constitute the grand jury of the county until the general ses- 
 sions to be held on the third Tuesday of November, one thousand 
 eight hundred and fifty-two. 
 All other county 9. All Other couutv and town officers within the county shall 
 
 and town officer,, i ..i- ii -ii-.i ,■■ 
 
 to be appointed as bc appointed lu manner now by law prescribed m other counties m 
 in other counties, ^j^g province, and in all future cases the grand and petit jurors 
 for the county shall be drawn in the manner prescribed by law in 
 other counties. ' 
 
 Special sessions to 10. So soou after the grand jury list shall be drawn, as the 
 lieck^'Jii^'grana" Special sessions mentioned in the eighth section shall direct, there 
 f'X'°,'r'''^'^"' , shall be held at Baddeck a special ceneral sessions, and at such 
 
 for biuklm^ court . i n i i 
 
 house and jail, scssious the grand jury shall present and the sessions confirm such 
 sums as may be necessary for providing a convenient ,court house 
 
SUPPLEMENT TO THE REVISED STATUTES. 523 
 
 and jail for tlie county, and make arrangements for the erection 
 thereof, with all convenient speed, and may also assess such further 
 sums and perform such other acts as may be necessary for effecting 
 the purposes of this act, and within the authority of a court of ge- 
 neral sessions. 
 
 9. This act shall not so into operation until her maiesty's as- Her majesty's «- 
 sent shall be sigmned thereto. hereto mh juiy, 
 
 ° 1861. 
 
 AN ACT TO ALTER CERTAIN ELECTORAL DISTRICTS IN THE 
 
 COUNTY OF COLCHESTER. 
 
 Passed 7th April, 1851. 
 
 Be it enacted, ^c. — 1. All that part of the electoral district, Pp^t of electoral 
 number seven, in the county of Colchester, west of the following nexed to district 
 line, viz : Beginning at DesBarres line on the mill brook above ^°' ^' 
 Thomas Henderson's mill pond, thence up such brook to Hector 
 McKay's branch, thence along such branch up stream to John 
 McCarty's south line, thence south to the Onslow township line, 
 is hereby separated from such electoral district number seven, and 
 annexed to and made a part of the electoral district number eight, 
 in the same county. 
 
 AN ACT TO AMEND THE ACT FOR THE ENCOURAGEMENT OF 
 
 EDUCATION. 
 
 Passed 7th April, 1851. 
 
 Be it enacted. 6fc. — 1. The governor in council may, whenever cioveraor to set 
 it shall appear expedient, set off the county of Pictou into two Hotou,*an™m" 
 school districts, the township of Pictou shall be called the northern ^^5|j'°ji''^ equauy 
 district, and the townships of Egerton and Maxwelton the southern 
 district, and the monies granted for common school education in 
 the county of Pictou shall be divided into two equal portions, for 
 the benefit of such districts respectively, but each of the townships 
 above named shall receive an equal third part of the sum granted 
 for grammar school education in the county. The governor in 
 council shall appoint, during pleasure, for each of the districts, five 
 or more commissioners of schools. 
 
INDEX, 
 
 ABATEMENT. See joint debtors , criminal justice ^ and supreme court 
 ABDUCTION of girls imder sixteen, 451,452. 
 ABORTION ; punishment for attempting to procure, 451. 
 ABSENT OR ABSCONDING DEBTORS— 
 
 agente of, proceedings against, 406, 407, 403, 409- 
 failing to appear, 408. 
 liability to principals, 409. 
 appearance, time for entering limited, 408. 
 costs in general, 407, 408. 
 
 of agent, in what cases allowed, 408. 
 damages, how assessed, 408. 
 execution against agent, 409. 
 forms, schedule of, 409. 
 
 property of, attachment of may be contested by parties interested, 407, 408. 
 denial of possession by agent, 408. 
 how bound, 407. 
 how released, 408. 
 to be appraised, 407. 
 
 when stock &c. perishable, to be sold, 407. 
 when there are adverse claimants, 407, 408. 
 reheai'ing defendant entitled to within three years, 409. 
 sheriff's duty, 407. 
 
 summons, when to be served, 408, 409. 
 trial, when to be had, 408, 409. 
 writ of summons against, for what amount, 406. 
 
 how obtained, levied, &c., 406, 407. 
 ACADEMIES. See education. 
 
 ACCESSORIES. See criminal justice, andpost office. 
 ACTIONS IN GENERAL— 
 
 arrest, order of judge necessary for in certain cases, 368» 
 bail may justify before a coromissioner, 368 . 
 
 may render their principals, 368. 
 Bail bonds- 
 how assigned, 368. 
 
 when and in what cases to be taken, 368. 
 when taken before a commissioner, 368. 
 holding to bail ; process for, 367. 
 replevin, how to be conunenced, 367. 
 
 sheriff's duty before executing Writ, 367, 368. 
 summons against corporations, how to be served, 367- 
 writs, service of, 367. 
 
 signing and direction of, 367. 
 And see summary suits and liTtiitation of acHone,^ 
 ACTS— 
 
 conmiencement of, 2. 
 constructions of, 2, 3, 4. 
 evidence of, 2- 
 
526 
 
 INDEX. 
 
 ACTS, (Continued.) 
 
 may be passed, altered, and repealed during same session, 2. 
 proceedings talien under acts subsequently repealed, 2. 
 promulgation of, 2. 
 ADMINISTEATION. See probate court. 
 ADMINISTRATORS. See executors. 
 ADTOCATES AND PROCTOR. See barristers and costs. 
 AFFIDAVITS. See supreme court. 
 AFFIRMATIONS. See criminal justice and oaths. 
 AGENTS. See/ac(ors. 
 AGREEMENTS. See contracts. 
 AGRICULTURE— 
 
 central board of, accounts to be rendered by, 285. 
 appointment and duty of, 285, 286. 
 may di'aw upon treasury, 285, 286. 
 members, where to reside, 285, 286. 
 
 quorum of, 285, 286. 
 returns of, 285, 286. 
 encouragement of, 285, 286. 
 
 gi-ants for, distribution and application of, 235, 2S6. 
 Eocieties for promotion of, to receive aid imder certain conditions, 285, 286. 
 to render accounts to board, 285, 286. 
 And see corporations. 
 ALIENS. See naturalization of aliens. 
 AMERCEMENTS. See county rates and poor. 
 
 ANUIALS. See cattle^ duties^ infected cattle, noxious animals^ rabid animals, and useful animals. 
 APPRAISERS. See costs. 
 APPRENTICES. See guardians. 
 APPRENTICES AND SERVANTS— 
 
 appeal, where persons aggrieved, 332. 
 bound by overseers of poor, 331. 
 how to be bound, 330, 331. 
 indentures, how to be made, 331. 
 
 custody of, 331. 
 justices of the peace, power of to afford redress, 331, 332. 
 master, mode of proceeding against, 331, 332. 
 misconduct of, how to be punished, 332. 
 parents, guardians, &c., duty of, 331. 
 wages to be secured to sole use of, 331. 
 who may be bound as, 330. 
 ARBITRATIONS— 
 
 arbitrator's fees, 417. 
 
 award, enlargement of time for making, 416. 
 
 obedience to, how enforced, 417. 
 costs in, 417. 
 
 documents, production of, 416. 
 oaths on, 416, 417. 
 
 witnesses, attendance of, how enforced, 416. 
 And see costs 
 ARMY AND NAVY— 
 
 articles for exempted from duties, 58, 59. 
 
 deserters from, search for, and apprehension of, 444. 
 
 penalty for conniving at desertion, 444. 
 
 for buying clothes or necessaries from soldiera, 444. 
 for buying naval stores from sailors, 444. 
 And see billetting. 
 ASSAULT *, punishment of in particular cases, 451, 452. 
 
 And see criminal justice and petty trespasses and assaults. 
 ASSESSMENT. See church of England j county rates, marsh and swamp lands,meeting houses^ poor rates and 
 
 schools. 
 ASSIGNMENT OF INTEREST IN LANDS ; how to be made, 326. 
 ATTACHMENT AGAINST LANDS. See registry of deeds. 
 ATTORNIES. See barristers and costs. 
 
INDEX. 527 
 
 BAIL in civil actions, 
 
 common, when defendant may be d^charged on filing, 3'r2, 373. 
 holding to, process for, 367. 
 
 affidavit, how and before whom made, 367. 
 wrong name or initials of defendant, effect of, 367. 
 may justify before a commissioner, 368. 
 special, when to put in, 372. 
 
 when taken before a commissioner, how and to whom transmitted, 368. 
 In criminal cases. 
 after commitment, 483, 484. 
 
 by recognizance, how and in what cases may be taken, 482, 483, 484. 
 deliverance from custody under, 484. 
 for what offences parties may be admitted to, 484. 
 recognizance, discharge of prisoners under, 484. 
 how forfeited, 482. 
 how transmitted, 483, 484. 
 BAIL BONDS— 
 
 actions on, within what time bail may render principal, 368. 
 how assigned, 368. 
 
 when and in what amount to be taken, 368. 
 BANK. See savings bank' 
 BANK NOTES. See currency. 
 BARRISTERS AND ATTORNIES— 
 admission of, 365. 
 
 attoi'uies ■, oath of, previous to admission, 365. 
 qualification of, 365. 
 use of names of, forbidden, 366. 
 bai'risters ; privileges of, conferred on voters and rate-payers, 368. 
 their privileges, &c., 366. 
 who may be admitted, 365. 
 clerks ; who may take, 366. 
 clerkship j term of, when to date fi'om, 365. 
 control of, 366. 
 who may practice as, 365. 
 
 And see costs and fees, and supreme court. 
 BASTARDS 5 maintenance of: 
 
 mothers may be ordered to contribute towards, 273. 
 order of filiation, appeals from, 273. 
 
 how made in the absence of reputed father, 273. 
 may be altered, 273. 
 penalty for disobedience of, 272. 
 overseers of poor j power of, 273. 
 reputed father, infonnation of, 272, 273. 
 liabiUty of, 272- 
 proceedings against, 272, 273. 
 forms, schedule of, 273, 278. 
 BAWDY-HOUSES j penalty for keeping, 445. 
 BEARS. See noxious animals. 
 BEDFORD BASIN ROAD— 
 
 incumbrances left on, to be forfeited, 195. 
 penalty for destroying or injuring trees, &c., 195. 
 BEEF. See inspection of provisions. 
 BEGGARS. See vagrants. 
 BENEFIT OF CLERGY, abolished, 466. 
 BIGAMY. See marriage- 
 BILLETTING TROOPS. See militia. 
 BILLS OF EXCHANGE AND PROMISSORY NOTE£— 
 protested, damages on, 236, 237. 
 promissory notes negociable instruments, 237. 
 who may sue on, 237. 
 payable otherwise than in money, 237. 
 BIRTHS. See registry of births, ^c. 
 BOARD OF HEALTH. See public health. 
 
528 
 
 INDEX. 
 
 BOARD OP EEVENUE. See revenue. 
 
 BOARD OF WORKS. See public buildings. 
 
 BONPIRES. See fireworks, SfC. 
 
 BOOKS. See copyright. 
 
 BOOKS AND PAMPHLETS. See post <tfflce. 
 
 BOTTOMRY. See interest. 
 
 BOUNDARIES OF COUNTIES. See counties and criminal justice. 
 
 BOUNDARIES OF TOWNSHIPS. See townships. 
 
 BRAS D'OR LAKE. See duties. 
 
 BREAD. See inspection of provisions. 
 
 BRIBERY. See elections. 
 
 BRIDGES. See highways and malicious injuries to property. 
 
 BUGGERY ; punishment of, 461. 
 
 BUILDINGS. See county buildings, malicious injuries to property, and public buildings. 
 
 BUOYS AND BEACONS. See harbors. 
 
 BURGLARY ; punishment of, 462, 453. 
 
 BURNING WOODS, &c. See woods and marshes. 
 
 BYJE-LAWS, RULES, REGULATIONS, AND ORDERS— 
 
 not to be enforced when repugnant to law, 4. 
 
 power to make, to authorize alteration, or revocation of, 4. 
 
 CANADIAN PRODUCE, may be exempted from duties by proclamation, 30. 
 
 CANDIDATES. See elections. 
 
 CAPE-BRETON -, act to divide and regulate representation of county of, 520. 
 
 CASTING AWAY OR FIRING VESSELS ; punishment for, 468. 
 
 CATTLE— 
 
 punishment for stealing, 465. 
 
 for killing or maiming, &c., 459. 
 
 And see fences, infected cattle, railroads, and stray horses. 
 CENSUS ; see statistics. 
 
 CERTIFICATES OF PUBLIC RECORDS ; penalty for giving false, 449. 
 CERTIORARI— 
 
 writ of ; bail to be filed before issuing, 420 ; how and by whom granted, 420. 
 proceedings under, 420. 
 CHANCELLOR. See costs and fees. 
 CHANCERY. See court of chancery. ' 
 
 CHAPELS. See Church of England and public worship. 
 CHILD-BIRTH ; penalty for concealing, 451. 
 CHILDREN OF POOR PERSONS. See apprentices. 
 CHIMNEY SWEEPERS— 
 
 how and by -whom appointed and licensed, 293, 
 
 penalty for acting without license, 293. 
 for neglect of duty, &c. 293. 
 
 to give bonds, &c. 293. 
 
 And seefirewards. 
 CHIMNEYS ; times and mode of sweeping, and fine for disobedience to regulations, 293. 
 CHRISTMAS DAY. See Sunday. 
 CHURCH OF ENGLAND ; chapels &c. of, exempted from operation of chapter LII., 154. 
 
 And see public worship. 
 CLAPBOARDS. See lumber. 
 
 CLEARANCE OF VESSELS, &c. See revenue and health. 
 CLERK OF LICENSES— 
 
 accounts of, where and how to be rendered, 70. 
 
 commissions of, 68, 70. 
 
 how appointed, 67. 
 
 how indemnified against costs, 71. 
 
 may give evidence, 70. 
 
 penalty for obstractiog, 70. 
 
 power and duty of, 70, 143. 
 
 And see licenses and exhibitions. 
 CLERK OF THE CROWN, how construed in aets, 3. 
 CLERK OF THE MARKET. See bread, and weights and measures. 
 
INDEX. 529 
 
 CLERK OP THE PEACE— 
 
 duties of, 134, 520. 
 
 fees of, 134. 
 
 how appointed, 1S4. 
 
 returns of to board of statistics, 134, 
 
 vacancies, how supplied, 134. 
 
 And see Cape Breton^ coroners^ counties^ county buildings, county rateSy elections^ exhi- 
 bitions, highways, juries, Tuarkets, public property, registry of births, ^c, statistixis, 
 supervisors of public grounds, supreme court, Victoria county and weights and measures. 
 COAL AND SALT— 
 
 how measured, 253. 
 
 measurers'" fees, 253. 
 
 regulations for sale of, 253. 
 
 penalty for breach of regulations, 253. 
 
 on measui'ers for misconduct, 253. 
 COAL MINES^ 
 
 change of parties to leases of, new bonds may be required on, 94, 95. 
 
 costs, by whom to be paid, 95. 
 
 justices of the peace, power and duty of, 93, 94, 95. 
 
 lands laid off for, privilege of mining on, 94. 
 
 to revert to owners in certain cases, 94, 95. 
 rent of lands, how ascertained, 93. 
 
 how secured, 93, 94, 95. 
 ve-opening of, 94. 
 
 opening of, assessment of damages to overseers and tenants, 93. 
 lands, how laid off, 92, 93. 
 preparatory proceedings for, 92, 93. 
 COAST FISHERIES, ^ejisheries. 
 
 COASTING ON HIGHWAYS ; regulations for preventing, and penalty for breach of, 303. 
 COASTING VESSELS, exempted from operation of chapter LXXVI, 219. 
 CODICILS. See ivills. 
 COIN ; punishment for forging, 467. 
 
 And see currency. 
 COLLECTORS OF CUSTOMS— 
 appointment of, 36. 
 death or insolvency of sui'etles, 36. 
 duties of, 36. 
 penalty on, for neglecting to balance accounts, &c. on resignation, &c. 37. 
 
 for trading in dutiable articles, 36. 
 remuneration of, 36. 
 resignation or removal of, 37. 
 to give bonds, 36, 
 And see immigrants and revenue. 
 COMMISSIONERS— 
 
 for exijending road monies. See highways. 
 for removing obstructions on rivers. See rivers. 
 for taking affidavits. See costs and fees, and supreme court. 
 of Indians. See indians. 
 of pilots. See pilotage. 
 of poor. Seejsoor. 
 of schools. See education. 
 of sewers. See sewers. 
 COMMISSIONERS OF STREETS— 
 
 accounts of, how kept and rendered, 185, 186. 
 
 actions against, notice of and limitation, 188. 
 bridge at Bridgetown xmder charge of, 188. 
 
 building materials not to be placed or left in streets without leave of, 186. 
 clerk of, appointment and duty of, 185. 
 duties of, 157, 158, 185, 186, 187, 188. 
 lur Jlilton, how appointed, 188. 
 jurisdiction of, defined, 183, 184, 185, 188. 
 license monies appropriated to use of, 187, 188. 
 lines of streets, how settled in cases of dispute, 187. 
 
 67 
 
530 
 
 INDEX. 
 
 COMMISSIONERS OF STREETS, (Continued.) 
 pregervation of, 187. 
 nuisancea and encroachmenta, how to be dealt with, 186, 187. 
 penalty for breaking soil without permission of, 187. 
 for driving on side paths, 187. 
 for imcleanUness, 186. 
 
 on commissi onera for not rendering accounts, 185. 
 recovery and application of, 188. 
 powers of, 186. 
 roster of, to be provided, 188, 
 sanitory regulations, 186. 
 
 to retain ofBce during pleasure in certain places, 183. 
 vacancies, how they occur, and mode of filling, 183. 
 wells and pumps may be dug and placed, 188. 
 words defined, 188. 
 
 And see highway labor in Halifax, 
 COMMONS. See ieuers and fences. 
 CONSTABLES— 
 
 actions against, 425. 
 evidence, 425. 
 
 judgment and costs, how regulated, 425. 
 limitation, 425. 
 preliminary proceedings, 426. 
 penalty for assaulting, 448. 
 to take receipt from jailer, 484. 
 
 And see bread., costs andfees^ criminal justice^ and inteipleader, 
 CONTAGIOUS DISEASES. See health. 
 CONTEMPT. See evidence. 
 
 CONTRABAND GOODS. See fisheries and revenue. 
 CONTRACTS, 
 
 for goods above ten pounds, how regulated, 327. 
 where time of performance exceeds one year, 32G, 327. 
 And %QG factors and agents^ and frauds. 
 CONVICTS. See penitentiary. 
 COPARCENERS. See partition. 
 COPARTNERS. See partnerships. 
 COPYRIGHT— 
 
 books imported, mode of collecting and remitting duties, 323. 
 
 to be admitted fx'ee of duty when not protected, 323. 
 how secured, 321, 322. 
 limitation of actions, 324. 
 
 penalties for illegally inserting an entry as registered, 322. 
 for importing or selling illegally, 323, 324. 
 for infringing by imitation, &c., 322. 
 
 by importation, &c., 322. 
 printing or publishing without consent of author, 323. 
 proprietors to furnish copies to legislative libraries, 323. 
 registry of title, form of, 322, 323. 
 
 fee on, 322. 
 reprints imported to be stamped, 324. 
 term of, 321, 322. 
 CORDWOOD ; regulations for sale of, and penalty~for breach of, 354. 
 CORN. See gram. 
 CORONERS— 
 
 appointment and duties of, 133. 
 
 board of statistics, returns, 133. 
 
 clerks of the peace to file inquisitions of, and give certificates without fee, 133. 
 
 constables' fees, 133. 
 
 fees of, 133. 
 
 juries, how summoned, 133. 
 
 payment of jurors, 133. 
 justices of the peace may act in the absence of, 133- 
 Sabbath, inquisitions may be held on, 133. 
 
 And see costs and fees, and ivrecks. 
 
INDEX. 531 
 
 CORPOEATIONS— 
 
 acts of, valid vritliout seal, 261. 
 arbiti-ation, settlement of affairs of, by, 261, 262. 
 
 banking and insui-ance business not to be transacted witliout special authority, 259. 
 bye-laws of, natm-e and extent of, 258, 259. 
 officers to be governed by, 259. 
 when and in what cases to be recorded, 259. 
 charters, to continue after their expiration, 260. 
 
 when not put in operation, 260. 
 directors, responsibility of, 2t>l, 202. 
 first meeting, how called, 259. 
 justices of the peace, powers of, 259. 
 meetings, business of, 259. 
 
 how called in special cases, 259. 
 members, liability of, 260, 261. 
 officers, how appointed, 259. 
 
 proceedings against, 260. 
 operation of chapter, 262. 
 over-trading, liability of dh-ectors, 261, 262. 
 penalty for false retm-ns, 262. 
 powers and privileges of, 258. 
 proceedings against individual members, 260. 
 
 when to be recorded, 259. 
 real estate of, to be deemed personal property, 260. 
 returns of, how authenticated, 262. 
 
 how and to whom made, 262, 
 settlement of affaii-s of, 260, 261, 262. 
 writ of summons against, how served, 367. 
 CORPORATIONS AGRICULXrRAL ; organization and privileges of, 263. 
 
 And see agriculture. 
 COSTS OF PROVING DOCUMENTS. See evidence. 
 COSTS AND FKES— 
 
 advocates and proctors, 437, 439. 
 
 arbitrators, 4:37- 
 
 attornies, 432. 
 
 chancellor's, 435. 
 
 commissioners, 432, 438. 
 
 constables, 435, 440, 442. 
 
 coroners, 435. 
 
 criers, 435. 
 
 counsel, 443. 
 
 distress for rent, 442- 
 
 jailers, 441. 
 
 judges of probate, 438. 
 
 jurors, 435, 441. 
 
 justices of the peace, 440, 442. 
 
 keepers of lock-up, 441. 
 
 masters in chancery, 436. 
 
 penalty for taking excessive, 430. 
 
 limitation of actions for, 431- 
 prothonotaries, 431. 
 provincial secretary's office, 432. 
 registrars in chancery, 437. 
 registrai-s of deeds, 442. 
 registrars of probate, 439. 
 sheriffs, 433, 440. 
 witnesses, 435, 441. 
 And see criminal justice. 
 COUNSEL. See barristers, and costs and fees. 
 COUNTIES j boundai-ies conlirmed, 130. 
 
 expense of ascertaining, 130. 
 how determined, 130. 
 
532 
 
 INDEX. 
 
 COUNTY BITILDINGS AND PROPERTY— 
 appointment of keepers, 138. 
 clerk of licenses, duty of, US. 
 clevk of the peace, duty of, 144. 
 erection and repaii's of, 143. 
 jail regulations to be posted up, 144. 
 jailer, direction and control of, 144. 
 salary of, how regulated, 144. 
 to keep copy of jail regulations, 144- 
 jails, limits of, how fixed, 143, 144. 
 officers, direction and control of, 144. 
 overseers of works to render accounts, 141. 
 Tegulations for management, kc. 138. 
 sessions, power and duty of, 144. 
 
 orders of, 144. 
 s}ierifFs responsibility, &c. not affected by orders of sessions, 144. 
 
 to keep a copy of jail regulations, 144. 
 spirituous liquors forbidden to be u^ed in jails, except, &c. 143. 
 penalty for introducing, 143. 
 
 for second ofifence, 143. 
 %vhen ordered for sick persons, 143. 
 COrNTY CHARGES— 
 
 general vaccination to form, 156. 
 how presented, &c., 4. 
 COUNTY RATES^ 
 
 actions for, where to be brought, 141. 
 
 limitation of, 141. 
 amercement, by sessions 138, 139. 
 
 by supreme court, 140. 
 appeals, when and how made, 141. 
 apportionment of in cases of amercement, 139. 
 upon city of Halifax, 139. 
 upon towns, &c., 139. 
 assessment, when and how made, 139. 
 assessors, duty and remuneration of, 139. 
 how appointed and sworn, 139. 
 certiorari to remove rates or orders, 141, 142. 
 pj-oceedings upon, 142. 
 when and how obtained, 141, 142. 
 city of Halifax exempted from operation of certain sections of chapter XLVI., 139. 
 clerk of the peace, duty of, 139, 140, 141. 
 collectors, commissions of, 140. 
 
 duty of, 140, 519, 520. 
 how appointed, 139. 
 
 to be furnished with copies of assessment rolls, 140. 
 constable, compensation to, 141. 
 duty of, 140. 
 
 fee for executing warrant of distress, 140. 
 defaulters, 140. 
 distress for, ]40. 
 
 form of warrant, 142. 
 distributors of money, compensation to, 141. 
 infurmalities, not to be quaslied for, 142. 
 justice's fee on issuing wan-ant, 140. 
 owTi'ayments may be refundcrl, l-tl. 
 
 not recoverable from collectors, 142. 
 nvcrteers of work, compensation to, 141. 
 
 to render accounts, 14]. 
 penalties on cibsuabors for refusal to act, and neglect, 139. 
 on collectors for neglect, i:c. 140. 
 
 on overscei's of works for not rendering accouuly, or withholding monies, 141. 
 recovery and application of, 141, 
 recovery, mode of, 140. 
 
INDEX. 533 
 
 COUNTY RATES, (Continued.) 
 
 repayment of monies overpaid for, 141. 
 
 sessions, duty of, 140. 
 
 unoccupied property, how to be assessed, 139. 
 
 words, definition of, 142. 
 COUNTY TREASURER— 
 
 accounts of to be audited, 140, 141. 
 
 to be published in royal gazette in Halifax, 141. 
 when to be rendered, 140, 141. 
 
 appointment of, 137, 138. 
 
 commissions of, 141. 
 
 duration of office, 137, 138. 
 
 duties of, 140, 187, 188. 
 COURT MARTIAL. See miliUa. 
 COURT OF CHANCERY— 
 
 attachment restricted to certain cases, 337. 
 
 conveyance of land under decree, 337. 
 
 duty of master of rolls and chancellor, 337. 
 
 evidence of aged or infirm persons, or witnesses about to leave the province, 337. 
 
 masters, conveyance by, 337- 
 
 masters extraordinary, powers of, 337- 
 
 oral examinations, 337. 
 
 payment of money, how enforced, 337- 
 
 power to make rules conferred on, 337. 
 
 practice of, how regulated, 336. 
 
 proceedings where one or more of several defendants absent, 337. 
 COURT OF ESCHEAT— 
 
 escheated lands, when to be granted, 339. 
 
 inquisitions, notice of, how given, 338, 339. 
 return and traverse of, 339. 
 
 penalty on tenant for neglecting to notify landlord, 339- 
 COURT OF MARRIAGE AND DIVORCE— 
 
 how constituted, 338. 
 
 jurisdiction of, 338. 
 
 powers and proceedings of, 338. 
 
 president of, who to act as, 338. 
 
 vice president, duty of, 338. 
 
 who to act as, 338. 
 COURT OF PROBATE. See probate cou>f. 
 COURT SUPREME. See supreme court. 
 CRIERS OF COURTS ; fees of, 435. 
 CRIMINAL Jl'STICE ; administration of: 
 
 accessories, who to be deemed, 466, 407. 
 
 trial and punishment of, 466, 467. 
 
 affirmations of quakers and moravians, 472. 
 
 amendment, when to be allowed, 474. 
 
 arrests and proceedings thereon, 464, 46.'>. 
 
 assault with intent to cormnit felony, 470. 
 
 attainder, plea of, when not allowable, 465. 
 
 benefit of clergy abolished, 466- 
 
 bigamy, proceedings in cases of, 467. 
 
 boundaries of counties, ofi'ences committed near, 468. 
 
 constables fees, how to be allowed and paid, -ilh. 
 
 costs, taxation and payment of, 476. 
 
 conveying prisoners to jail, expeasos of, how to be borne, 475. 
 
 counsel allowed in cases of felony, 466. 
 
 depositions, prisoner entitled to copies of, 466. 
 
 embezzlement, how laid, &c., 470. 
 
 felony, acquittal of, anil conviction for, minor offences, 470, 474. 
 previous conviction, 467, 471. 
 sentence where party alrealy imprisoned for another offence, 472, 473. 
 
 forgery, description of documenty, &c., 467. 
 where to be tvied, 467, 
 
534 INDEX. 
 
 CRIMINAL JUSTICE; administration of, (Continued.) 
 formal averments, effect of omission of, 472. 
 imparlance in cases of misdemeanor, 465. 
 joinder in indictment, 466. 
 juries, challenge in cases of treason and felony, 466. 
 
 not to enquire respecting land in cases of treason and felony, 465, 466. 
 misnomer, indictments, &c., not to abate for, 465. 
 muniments of title, &c., prosecutions for stealing, 470. 
 murder, treatment of prisoners after judgment, 473. 
 not guilty, effect of plea of, 465. 
 oiBcers giving false certificates, how punished, 471. 
 ownership, how laid in certain cases, 469, 470. 
 pardon to felons, effect of as to subsequent conviction, 473. 
 pillory and whipping abolished, 473. 
 proceedings where a party stands mute, 465. 
 
 prosecutions, conduct of in absence of attorney and solicitor general, 475, 476. 
 punishment endured to have the effect of pardons, 473, 474. 
 sentence of deatlj, proceedings when committed, 474, 475. 
 stealing or feloniously receiving, 467, 468, 470, 471. 
 stolen goods, restoration of, 471. 
 travelling, offences committed while, 468. 
 
 when death ensues within the province from iiyuries inflicted elsewhere, and vice versa, 470. 
 wills, concealing or destroying, 470. 
 witnesses, compensation to poor, 475. 
 
 competency of, in cases of forgery, 474- 
 CBOWN LANDS— 
 
 how resei-ved, 96. 
 improvements on, 96. 
 Indian resei-ves and free grants, 96. 
 land boards, how constituted, 95. 
 
 duties of, 05. 
 surveyor general, duty of, 95, 96. 
 CURRENCY— 
 
 bank notes and bills, how payable, 239. 
 
 interest on in default of payment, 239. 
 
 notes and bills, penalty for issuing under five pounds, 239. 
 
 recovery of value of, 239. 
 
 transferable by deUvery, 239. 
 
 under five pounds, issue prohibited, 239. 
 
 imless payable in specie, prohibited, 239. 
 
 when a legal tender, 239. 
 British silver, what amount of, a legal tender, 239. 
 coins, value and weights of, 239. 
 treasury notes, 239. 
 CUSTOMS. See revenue. 
 
 crsTos— 
 
 may call sjiecial sessions, 134. 
 to appoint clerks of the peace, 136, 137. 
 And see Victoria county. 
 
 DAMAGES. See suprtme court. 
 
 DAMS i penalty for destroying, &.c., 458. 
 
 DAYS, how computed. Pee supreme court. 
 
 DEALS. See lumber. 
 
 DEBTORS. See absent or absconding debtors^ insolvent debtors and joint debtors. 
 
 DEBTS, i^ec Judgment debts. 
 
 DECEASED PERSONS, estates of : 
 
 accounts against, mode of rendering, 348, 349. 
 
 And see descent of proper ti/^ probate court, and wills. 
 DECLARATIONS. See supreme court and trusts. 
 DEEDS. S^^e registry of deeds and foreclosure. 
 DEEDS BY MARRIED WOMEN— 
 
 acknowledgment to be registered, 305. 
 
INDEX. 535 
 
 DEEDS BY MARRIED WOMEN, {Continued.) 
 
 how executed, 304, 305. 
 DEFINITION OF "WORDS AND PHRASES, 3, 18, 20, 42, 43, 85, 113, 142, 188, 189, 202, 264, 298, 312, 313, 
 
 401, 462, 463. 
 DEMURRER. See suprewp court. 
 
 DEPOSITIONS. See criminal justice, evidence^ and Justices of the peace. 
 DESCENT OF PROPERTY— 
 
 advancement in lifetime of testator, 316, 317. 
 distribution, rules for, 315, 316, 317. 
 dower, lands held in, how divided, 317. 
 
 tenancy iu, 317. 
 interest in lands to descend chargeable with debts, 315. 
 mode of computing kindi-ed, 315. 
 
 of minors unmarried, leaving brothers or nephews, 315. 
 posthumous childi'en, how provided for, 316. 
 rule for distribution, 315, 316, 317. 
 to collateral kindred, 314, 315. 
 where issue left, 314. 
 where no issue, 314. 
 where widow and no kindred, 315. 
 tenancy by courtesy and in dower, 317. 
 DESECRATION OF SABBATH ; penalty for, 445. 
 DESERTERS— 
 
 penalty for assisting, 444. 
 
 search for and apprehension of, 444. 
 
 And see army and navy, and militia. 
 DESTROYING BUOYS AND BEACONS ; punishment for, 460. 
 DESTROYING— 
 
 trees, &c., in public squares, &c., 459. 
 wrecks and wrecked goods, 458. 
 or defacing articles in museums, 459. 
 ornaments in public buildings, &:c., 469. 
 DESTRUCTION OF NOXIOUS ANIMALS, 279. 
 DETAINER. &ee forcible entry. 
 DEVISES. See wilts. 
 DIKES— 
 
 erection of, 205, 206, 207- 
 
 expenses of, how boi'ne, 205, 206. 
 materials for, 205, 206. 
 injuries to, how remedied, 209. 
 repairs of, 208. 
 
 And see sewers. 
 DISEASES, Infectious or contagious. See health. 
 DISORDERLY HOUSES j penalty for keeping, 445. 
 DISTILLERIES— 
 
 accounts of, when, how, and by whom to be famished, 64. 
 
 boai'd of revenue, duty of, 65. 
 
 collector of customs, power and duty of, 65. 
 
 entries of liquor from, 64. 
 
 liquors may be sold for duties, 64, 65. 
 
 penalties for breach of regulations, 66. 
 
 for possession of liquor without a permit, 65. 
 on officers for neglect, 65. 
 recovery and application of, 66. 
 
 where liquor found after time for making report lapsed, 64. 
 permit for removal of liquor, when to be given, 64. 
 regulations concerning, 65. 
 removal of liquors, 64. 
 revenue officers, duty of, 65. 
 
 powers of, 64. 
 remuneration of, 65. 
 DISTRESS FOR RENT— 
 
 agricultural produce, how distrained, 414, 415, 416. 
 
536 
 
 INDEX. 
 
 DISTRESS FOR RENT, (Continued.) 
 
 by executors or administrators, 415. 
 cattle and fanning stock, 415, 416. 
 goods distrained, rescue of, 414. 
 surplus proceeds of, 414. 
 to be appraised and sold, 414. 
 when no rent due, 414, 415. 
 lien for rent, 415. 
 
 notice of place of deposit to tenant, 416. 
 remedies, 414, 415- 
 removal of goods to avoid, 415, 
 what goods may be distrained, 415, 416. 
 And see costs and fees. 
 DISTRICT ; definition of word, 18. 
 
 And see electoral districts. 
 DOCKET. See supreme court. 
 DOCUMEN'TS ; costs of proving. See evidence. 
 DOGS— 
 
 accustomed to kill sheep, &c., fine for keeping, 279, 
 going at large of, 302- 
 DOWER— 
 
 form of writ of, 397. 
 
 writ of seizin, 397. 
 how and when to be recovered, 397- 
 how set forth, 398. 
 waste not to be committed, 398. 
 when property indivisible, 398 
 withholding, damages for, 397. 
 DRAWBACKS— 
 
 agents may receive, 59, 60. 
 board of revenne to control, 55. 
 entry for exportation, 56.' 
 
 in importing vessel, 57 
 how obtained on goods sent coastwise, 57. 
 
 on articles for army and navy, 59. 
 on home manufactured rum, 60. 
 limitation of tune for receiving, 57, 60. 
 OD articles for army and navy, 58, 59. 
 on Uquors, 60. 
 
 on wines for officers of army and navy, 59. 
 penalty for false documents to obtain, 60. 
 for relanding goods entered for, 58. 
 where unauthorised party enters goods for, 66. 
 proceedings necessaiy to obtain, 56 to 60. 
 
 when importer refuses to comply with law, 58 
 regulations concerning may be suspended, 60. 
 when and in what cases allowed, 55, 56, 59, 60. 
 when claimed, goods how to be exported, 55, 56. 
 when goods exported in importing vessel, 57. 
 DRrXKENXESS ; penalty for, 445. 
 
 DURATION OF GENERAL ASSEMBLY. See general assembly. 
 DUTIABLE GOODS subject to provisions of chapter XVI., 43. 
 DUTIES— 
 
 on books, see copyright, 
 on licenses, see licenses. 
 
 And see revenue. 
 DWELLINGS. See burglary and habitation. 
 
 EDUCATION— 
 
 academies, allowance for, 168. 
 
 conditions for obtaining, 169. 
 branches to be taught in, 16S, 169. 
 trustees of, how appointed, 166. 
 
INDEX. 537 
 
 EDUCATION, (Continued.) 
 
 academies ; tnistees, duties of, 169. 
 
 may make bye-laws, 169. 
 to make returns, 169. 
 to be bodies corporate, 169. 
 books, maps, &;c. ; grant for the purchase of, and mode of distributioD, &;o., 170- 
 Commissioners of schools — 
 duty of, 166, 168. 
 how appointed, 166. 
 may hold real estute in trust, 170. 
 not to be teachers or clerks, 171. 
 to render accounts, 168. 
 Commissioners' clei-k — 
 
 appointment and qualification, 166. 
 duty of, 166, 169, 170. 
 fees of, 166. 
 Common schools — 
 
 allowances for, how obtained, 166, 167. 
 
 how drawn and apportioned, 167, 168. 
 assessments for, 167. 
 
 clergy and magistrates appointed visitors of, 171. 
 district already established, confinned, 166. 
 
 establishment of new, authorized, 166, 523. 
 subdivision of, 166. 
 teachers, examination of, 166. 
 
 exempted from cerUiin public duties, 171. 
 licenses of, 166. 
 qualification of, 166. 
 trustees of, how and by whom elected, 166. 
 
 to render accounts to commissioners, 166. 
 when instruction convt-yed in a foreign tongue, 168. 
 Free scholars. 168. 
 Grammar schools — 
 allowances for, 
 
 conditions for receiving, 1C8. 
 how divided, 167. 
 branches to be taught in, 163. 
 limitation of chapter, 171. 
 meetings convened by superintendant, 169. 
 
 who may attend, 169. 
 p:nalty for false returns, 167. 
 schedules, 171. 
 
 school lands exempted from opvration of section 13, chapter LXXIII., 207. 
 Bchool libraries ; establishment and conduct of, 170. 
 superintendant ; appointment of, 166. 
 duty of, 169, 170. 
 
 exempted from certain public duties, 171. 
 p^port of, 169. 
 
 salary and contingencies 'if, 169. 
 to hold meetings, 160. 
 
 And see Indian affairs. 
 EJECTMENT, ^pe/ortclosure and supreme court. 
 ELECTIONS ; bribery and treating at : 
 
 charges for entertainments furnished at the request of candidates ot then- agents, not recoverable, 8. 
 penalty for asking or n^ceiving bribes, 8. 
 for offering bribes, 8. 
 recovery of, 8. 
 
 limitation, 8. 
 Candidates — 
 
 agents of ; oath of, previous to holding, 13. 
 
 where to vote, 13. 
 clerk of, how appointed, 13. 
 
 oath, on appointment, 13. 
 
 68 
 
538 
 
 INDEX. 
 
 ELECTIONS, {Continued.) 
 Candidates — 
 
 clerk •, oath, previous to voting, 13. 
 
 where to vote, 13. 
 name of, to be entered in sheriff's poll book, 12. 
 oath of qualification to be elected, 11. 
 of qualification to vote, 13. 
 when qualification questioned, 11. 
 qualificatiou of, 7. 
 
 when questioned, 11. 
 remedy of, when aggiieved, 17. 
 when to be proclaimed,. 16. 
 where to vote, 13. 
 clerk of the peace ; duty of, 520. 
 collectors of county rates ; duty of, .519, -VJO. 
 collectors of poor rates ; duty of, -519, 520. 
 controverted. See house of assembly. 
 county and township to be conducted together, 10. 
 disabilitie-^, .i. 
 Electoral Districts — 
 
 electors near, but not within, Windsor and Falmouth, where to vote, 9. 
 in Colchester, altered, 523. 
 number of county and township membcrtj, 5, 6. 
 of Cape Breton and Victoria, r)21. 
 
 townsliips of Annapolis, Digby, Truro and Londonderry, defined, 6. 
 votes given in a wrong district to be expunged, 13, 
 where lines of, in dis]nite, 13. 
 El cc I orb — 
 
 for ccjunty and township, uhere to vot-e, 13. 
 
 oath of, 13. 
 for districts the lines of which are doubtful, where to vote, 13. 
 
 oath of, 13. 
 }iow and where to vote, Vi. 
 
 near, but not within, ASiudsor and FalmouUi, where to vote, 9. 
 non-resident township, where to vote, 13. 
 uiLths of, how administered, 14. 
 
 .schedule of, ]s. 
 jienalty for personating another, ].'». 
 
 for voting in a wrong disti'ict, 15. 
 for vutinjr twice, 15. 
 property of, to be ilescribeil when questioned, 13, 14. 
 iiualificution ofj iiT, :'il9, 520. 
 refusing to be sworn, ]4. 
 voting in wrong district?-, ]li. 
 
 mode of, 1-t. 
 fraudulent e(jn\e,\iiiic(: to qualify, to be taken against grantor as al^solute, 
 inf-pecturs, wliere b> viite, lil. 
 
 ii;itli of qmiliticution, 13. 
 manner of voting, 1-i. 
 meaning of words, iS;e , ]s. 
 notice of, ]0. 
 
 officers lit, where to vote, 13. 
 jjeiialty, iippeid from. is. 
 
 for making or voting under rrnndulent conveyance, T. 
 jiiilgnient (or, how enforced, ]". 
 j-fcinery and approjiriation of, 17, 18. 
 foil— 
 
 opetiiM'-' ;inil eli'vinif nl, In, 
 Mate of, whfM tr. h-j ileclareii, Ki. 
 wlie-n li. It titkHii, ]l). . 
 P'jH lidok-: tti Ikj kept unopened until, ^;e., lii. 
 i'oll cI.mK — 
 
 :i]);nii[iLnicril: o!', VI. 
 
 fluty of, at tlie court, 10, 11. 
 
ixDKx. 539 
 
 ELECTIONS, (Continued.) 
 Poll clerk- 
 duty of, on close of poll, 14, 
 
 iii:i.\ act Hs presiding officer in the event of death or accident, ic, 16, 
 oath of, before acting, 10, 12. 
 uath of, how and hy whmn administered, 10. 
 
 previous to voting, lo. 
 penalty on, for misconduct, 15. 
 
 place of, how suppliL-il in tlie event of denth or accident,' l(j. 
 polling, how to lit' conducted, 14, 
 Hre?.iding officer — 
 
 appointment of, 12. 
 duty of, 12, i;i, 14, 16. 
 
 on closiing poll, 14. 
 liable to action for not returning poll ))ook, lu. 
 not returning poll ))ook: and precept, IT. , 
 
 not to receive votes unless name of candidate duly entered, 12. 
 oaLli of, before acting, 12. 
 before voting, i:;. 
 on closing poll, 14. 
 penalty on for misconduct, 14, l.'i. 
 
 for not retnrning poll book, &c., lo. 
 poll clerk may act as, in case of death, Jtc, 10. 
 power and authority of, Ij, Iti. 
 sheriff may act as, without precept, 12. 
 
 nmy complain against in certain cases, 17. 
 to administer oaths to electors, 14. 
 to make special return of the officers' votes, ];i. 
 to prevent delay in polhng, 14. 
 
 warrant against, for not returning precept, &c., 14, 15. 
 where to vote, 13. 
 prosecutions, limitation of, 7, 8. 
 
 not to preclude action for damages or another penalty, 8. 
 Borntinies — 
 
 appomtmeut of time and place for, 16, 21. 
 candidates entitled to copy of minutes, 21. 
 clerk, duty of, 20. 
 fees of, 21. 
 not attending, 21. 
 oath of, 21. 
 continuation of, 20. 
 costs where abandoned, 21- 
 demand of, 16, 17. 
 evidence, 20, 21. 
 
 of votes not marked in poll book not allowed, 20. 
 proceedings where poll hook not returned, 17. 
 sheriff; duty of, 16, 17, 20. 
 fees of, 21. 
 oath of, 20. 
 
 penalty on for misconduct, IG, 21. 
 to give notice of demand of, 17- 
 sheriff's assistants, how appointed, 20. 
 not attending, 21. 
 oath of, 20. 
 who may act as, 20. 
 sherifT^s return, not to conclude candidate or a freeholder petitioning, W. 
 
 of proceedings to assembly, 16, 21. 
 time and place for holding, how appointed, 16, 20. 
 votes polled in wrong districts, 21. 
 
 more than once, 21. 
 when holden by deputy sheriff, 21. 
 Sheriff- 
 court of, where to be held, 10. 
 
540 
 
 INDEX. 
 
 ELECTIONS, (Continutd.) 
 Sheriflf— 
 
 court of, at Yarmouth, 10, 
 duty of, at convt, 10, 11, 15, 10. 
 
 on opening court, 10. 
 duty of, on re-aasembling his court, 16. 
 
 where poll boob, &c. not returned, IT. 
 fees and charges of, 18. 
 oath of, on opening his court, 10. 
 
 how and by whom administered, 10. 
 of qualification to vote, 13. 
 penalty on, for misconduct, 16. 
 power and authority of. 15, 16. 
 to make return to assembly, 16. 
 to proclaim candidate duly elected, 16. 
 votes ; manner of objecting to, 13, 14 
 
 objectionable, 16. 
 words defined, 18, 24. 
 EMBEZZLKMJKNT ; punishment of, 158. 
 EiCAPi:— 
 
 assault in order to resist apprehension, 4H. 
 breach of pri.-^on, 449. 
 rescue, 449. 
 
 shooting or stabbing, with a view to resist apprehension, 440. 
 ESTATES I\ LAXD. See lemes. 
 ESTATES OF DECEASED PEKSOXS— 
 
 mode of rL-ndering accounts against, 34s, 340. 
 
 And -lee itesce/it oj pTuptrty, probate court and ailln. 
 ESTATES TAIL, abolished, 305. 
 
 And pee wills. 
 ETIDEXCE— 
 
 competency of witnesses, ."87. 
 
 cootemjit of court, 3ST. 
 
 depositions ; commissions for taking, ZHi 
 
 when to be read in, 388. 
 documents j costs of proving, how regulated, 387. 
 filed in court, 388. 
 production of, 3ST. 
 fee? to witnesses, 388. 
 
 justices of the peace may issue subpama in particular case-, 35^. 
 of acts i see acts. 
 of judges, how taken, 388. 
 
 of persons absent, aged or infinn, or about to leave the province, how taken, 388. 
 of registry of deeds -, see registry of deeds. 
 EXCHANGE. See bills ofexcham^e. 
 EXECL'TIVE AM) LEGISLATIVE DISABILITIES— 
 penalty on persons under, for taking seats, 5. 
 who disabled to sit in legislature, 5. 
 EXECrTORS AND ADMINISTRATORS— 
 
 actions of debt may be maintained against, 412. 
 of trespass by and against, 411, 412. 
 
 in what cases, 412. 
 limitation, 412. \ 
 
 being residuary legatees, may sue co-executora, 412. 
 legacies, how recovered, 412. 
 refusing to act, need not be named in proceedings, 412. 
 
 And see contracts, probate court and wills 
 EXHIBITIONS, PVBLIC— 
 
 city of Halifax exemjjted from laws concerning, 300. 
 
 licenses for, how obtained, 300. 
 
 penally for exhibiting without license, 300. 
 
 recovei-j' and application of, 300. 
 regulations concerning, 3G0. 
 EXTORTION ; puoishment of, 455. 
 
INDEX, 541 
 
 FACTORS AND AGENTS— 
 
 accessories to fraudulent contracts, 235, 23C. 
 
 acting without authority, 23&. 
 
 actions against, 236. 
 
 advances to, on goods where authority to pledge not given by principal, 235. 
 
 compulsory disclosures by, not to be evidence against, 236. 
 
 contracts by, ■2;j4, 235, 236. 
 
 in cases of antecedent debts, 234, 235. 
 control of gooiis to be deemed possession, 235. 
 documents of title, definition of, 235. 
 pledging, to pledge goods, 235. 
 possession of by, deemed possession of goods, 235. 
 frauds by, how punished, 
 
 in possession, to bj deemed entrusted with goods, 235. 
 liens, 234. 
 
 penalty for breach of good faith, 235, 236. 
 power to sell or pledge goods, 234. 
 redemption of goods pledged by, 236. 
 
 remedies of principals, not affected by operation of chapter, 236. 
 when creditors of principal, 230. 
 FALSK PHLTENCE— 
 
 punisliinent for obtaining irouds by, 456. 
 what lo be held, 456. 
 FARMS, (iARDENS, ORCHARDS, i:c. ; punishment for damaging or robbing, 459. 
 FEi;S. Seo costs andfecs^ and criminal justice. 
 FEE SIMPLE 5 estates hitherto fee-tail now to be considered, &c., 305. 
 FELONY. See criminal justirr, Juries. 
 FEMALES ; puuishment for abusing, 451. 
 FENCES— 
 
 animals treapa^-ing, liability of owners, 146. 
 
 appeals, 147. 
 
 damages by animals trespassing, how appraised, 146. 
 
 remedy for, 14tj. 
 height of, 146. 
 how constructed, 146. 
 impounding cattle, 146. 
 partition, by whom to be built, &c., 146, 
 penalty for breaking pound, 147. 
 
 recovery and application of, 14T. 
 pound keeper, duty of, 146. 
 
 fees of, 146, 147. 
 
 recovery of fees, and expenses of, 146, 147. 
 rivers and creeks, when deemed lawful fences, 147. 
 unimproved lands, 146, 
 
 And see highwaysy sewers, and. commonfitldi. 
 FENCE VIEWERS— 
 
 penalty on, for neglect of duty, 146. 
 
 recovery and application of, 147. 
 power and duty of, 146, 147. 
 remuneration of, 146. 
 FERRIES— 
 
 establishment and regulation of, 203. 
 ferrymen at Lennox passage, Canso, 203. 
 duty of, 203. 
 fees of, 203. 
 to be licensed, 203. 
 penalty for interference with privileges of ferrymen, 203. 
 
 on ferrymen for neglect of duty, 203. 
 sessions, powers of, 203. 
 
 And see militia and post office. 
 FIGHTING IN PUBLIC PLACES j punishment for, 448. 
 FINANCIAL SECRETARY— 
 
 clerk of ; appointment, duty, and salary of, 126, 127. 
 
542 IXBEX. 
 
 FINANCIAL SECRETARY, (Continved.) 
 
 fluty, in absence or indisposition of his principal, V2~i. 
 duration of office, 126. 
 
 management of the office under control of governor, r27, l'.is. 
 member of the administr.ition, 1J7. 
 of the boiir.l of revenue, oo. 
 of the board of statistics, 117. 
 official duties of, 127. 
 public accounts ; audit of, 127. 
 
 hiiw vouched, 127. 
 payment of, 127. 
 to ^ive bonds, 121). 
 
 And i-vt public officers^ rciftiup, and statistic <. 
 FIRES AND FIREWARLf^— 
 
 breaking open buildings, 291. 
 
 brick and stone building-; exempted from taxation on account of buildines pulled down, 231. 
 
 buildings may be pulled down in certain cases, 2iiO. 
 
 comi>eii>iitinn Id owners, when pulled down, 290, 291. 
 how obtaijied, 2;»0, 291. 
 ihimney -sweepers ; 
 
 lirewards to appoint, license, and make orders for the regulation of, 2y;j. 
 offences of, how punished, U'.i. 
 to enter into bonds, 29:3. 
 city of Halifax, provision-; of chapter how carried out in, 29U. 
 engine-men ; appointment and duty of, 292. 
 
 exempted from certain public duties, 292, 29:'J. 
 one, to have the power of a fireward, 'J't^. 
 vacancies, how supplied, 293. 
 lire-constables, appointment, powers and duties of, 292. 
 lire-men, appointment and duty of, 292. 
 
 exempted from certain public duties, 292, 29.1. 
 one, to have the power of a fireward, 292. 
 vacancies, how supplied, 29.j. 
 fircwavds ; chairman of, to be appointed annually, 29-t. 
 districts of, to be numbered, 292. 
 duty of, 2.S9, 291. 
 how appointed and sworn, 290. 
 may seize gunpowder in certain cases, 294. 
 meaning of the word, 295. 
 power of, 290, 290, 2!I4. 
 gunpowder ; regidations for keeping, &c., 294. 
 
 warrant to search for, 294. 
 implements required at fires, 291, 292. 
 
 expenses of pui'chasing and keeping in repair, 29j. 
 safety of, provision for, 292, 294. 
 to be numbered, 292. 
 limits of towns and places defined, 290. 
 operation of chapter, commencement, 29.3. 
 penalties for breaking open buildings without authority, 291. 
 for breach of regulations respecting gunpowder, 294- 
 for disobedience to orders of firewards, 293, 294. 
 for foul chimnies, 293. 
 for injuring wells or pumps, 294. 
 how recovered and applied, 295. 
 places to which provisions of chapter extend, 289. 
 
 sessions empowered to make regulations respecting fires, and affix penalties, 294. 
 meaning of word, 291. 
 power and duty of, 290, 291, 294, 295. 
 to direct the application of penalties, 295. 
 words defined, 291, 295. 
 TIRING ; buildings, punishment for, 458. 
 coal mines, punishment for, 458. 
 crops, 459. 
 
INDEX. 543 
 
 FIRING stacks of grain or fuel, 459. 
 
 vessels, 4o8. 
 FIRE-WORKS, FIRE-ARMS, AND BONFIRES ; regulations concerning and penaltyfor breach of, 295. 
 FISH Ollr- 
 
 guager's duty and foes, 247. 
 packages, how branded, '2-tT. 
 
 penalty for acting as a guager without authority, 247. 
 FISH, PICKLED. See inspection of provisions. 
 FISHERIES, COAST— 
 
 coasting vessels to have a piece of plank or iron extending aft stcrnpost, 282. 
 foreign vessels fishing within prohibited limits to be forfeited, 280. 
 penalties for destroying nets, 282. 
 
 how recovered and applied, 281. 
 words, &c. how to be construed, 282. 
 And see smuggling. 
 FISHERIES, RIVER— 
 
 mill-dams, how to be constructed, 283. 
 
 complaint in respect of, and proceedings thereon, 283. 
 to be provided with waste gates, 283. 
 penalties for carrying spears or torches at night, 284, 285. 
 running through private property, 284. 
 what fish may be taken. 284. 
 where to be fished, 284. 
 
 salmon fisheries regulated and protected, "284. ' 
 sheritTs duty in cases of complaint in respect of mill-dams, 283. 
 sessions empowered to muke orders for regulating, 283, 284, 285. 
 overseers appointed by, 284. 
 where rivevi- dividing lines between counties, 284. 
 And see riven. 
 FLOUR AND .MEAL. Soc inspection of pr oris ions - 
 FOLIO ; meaning of, 4. 
 FORCIBLE ENTRY AND DETAINER— 
 justices of the peace, powers of, 405. 
 notice to quit, what to be deemed sufficient, 405. 
 jiroceedings where complaint proven, 405. 
 remedies in case of, 405, 
 FORECLOSURE OF MOKTCA*!!-:?^ 
 
 deeds mny be executed by sheritf iu certain c:is(.'>, 319. 
 mortgagee may be compelled to reconvey on i)fiymcnt, &c., 318. 
 mortgagor entitled tti rehearing in certain cases, 318, 319. 
 iKitice to piirtiet: interested, 318. 
 
 s;lIo uf lands under, luid application of iirocectls, 318, 319. 
 supreme court ; jwwer of, to iuljust equities, 319. 
 when mortgagor aVisent, 318, 319. 
 FORUEIIY— 
 
 of, or uttering spurious coin, 45T. 
 of muniments of title, 4-'i7. 
 of pul)lic seals, 4-')7. 
 ]•uni^hment for altering writings, 457. 
 words, how construed, 4-i7. 
 FORMS ; slight deviations from, not to vitiate, 4. 
 FORTIFICATIONS— erection of, 
 
 jirivate property liow appropriated for, IIG- 
 slioriff ; <luty of, 116. 
 
 penalty on, f.ir neglect to summon jury, 116. 
 viduc of property, how a-eertainetl, 110. 
 FRANCHISE ; act to extend, .319, :)20. 
 And sec i/rcfiuiis. 
 FRANKINf! LETTERS; privilege of, abolislied, 7."i. 
 
 FRAUDS ANP PERJI'UIES -, provisions for the prevLiition of, 32fi, 327. 
 FRAUDULENT APPROPRIATIONS— 
 i.attl>.^ punishment for stealing:-, 455. 
 
544 
 
 INDEX. 
 
 FRAUDULENT APPROPRIATIONS, (Continued.) 
 
 civil remedies not afifected by operation of chapter, 455. 
 
 embezzlement, punishment of, 456. 
 
 extortion, punishment of, 455. 
 
 false pretence, obtaining goods under, 456. 
 what to be deemed, 456. 
 
 frauds in games, wagers, &c. to be deemed false pretences, 456 
 
 laxceny, punishment of, 455. 
 
 muniments of title, stealing, 455. 
 
 robbing, by means of threats, 455. 
 the person, 454. 
 
 servants, punishment of for theft, 455, 456. 
 
 stolen goods, punishment for receiving, 456 
 
 threatening letters, punishment for sending, 455. 
 
 valuable securities, punishment for stealing, 455. 
 
 wills, punishment for concealing or destroying, 455. 
 
 wrecks, punishment for plundering, 454, 455. 
 FREIGHT ; goods in warehouse liable for, 54. 
 FRESH BEEF. See inspection of provisions. 
 FUEL •, punishment for firing stacks of, 458. 
 
 And ste coal and cordwood. 
 FUNDED DEBT ; interest on, when and how payable, 129- 
 
 loan certificates, 129. 
 
 payment of, I'Z'J. 
 And see receiver general. 
 
 GAMBLING IIOrs?:S ; penalty for keeping, 45.^. 
 GAMES, BETS, AND WAGERS— 
 
 frauds or ill practices in, to be deemed false pretences, 456. 
 And HUH falie pretences. 
 GARDENS j punishment for robbing, 457. 
 GEESE ; regulations respecting the going at large of, 302, 
 GENERAL SESSION'S OF THE PEACE. See sessions. 
 
 GLEBE AND SCHOOL LANDS, exempted from sale for non-payment of rates in respect of reclaiming, &c., 207, 
 GOOD FRIDAY. See Sabbath. 
 GOODS— 
 
 definition of word, 4. 
 
 And st;*i cuntraband ffoods, dutiable goods, and xcrccks. 
 GOVERNOR -, word, liow construed, 3. 
 GRAIN AND CORN— 
 
 punishment I'nr tiring stacks or, 458- 
 
 And -Jt^e inspection of provisions. 
 GRAMMAR SCHOOLS. S^c education. 
 GRAND JURY, ^^ij Juries and sessions. 
 GRANTOR ', raeanmg of word, 3. 
 GUAGERS AND WEIGHERS— 
 
 appointment and remuneration of, 37. 
 
 duty of, 37. 
 
 mode of guaging, ^7. 
 GUARDIANS— 
 
 apprntic^ships entered upon not affected by chapter, 330. 
 
 bonds to be given by, in ri^rtain cases, 330. 
 
 how, by whom, and in what cases appointed, 329. 
 
 letters of guardianship, how applied for and granted, 330. 
 
 power of, o2J. 
 
 And sir (ipprnitices and servants., and lunatics, 
 GUNPOWIiER- 
 
 regulations resptctin-p' the conveyance of, 296. 
 as til keeping of, 294. 
 (■.NCfptiou to, 296. 
 
 penalty for breach of regulations, 294, 2rt6. 
 And sec Jirewards. 
 
INDEX, 545 
 
 HABITATION -, offences against, see burglary^ dwelling houses, andjiring buildings. 
 
 HARBORS AND HARBOR MASTERS. Bgg pilotage. 
 
 HAY } regulations for sale of, 253, 264. 
 
 HAY SCALES, how provided, 13S. 
 
 HEAD MONEY. See immigrants. 
 
 HEALTH, PUBLIC— 
 
 boards of ; appointment and duties of, 155, 156. 
 courts of, how constituted, 158. 
 
 power and duty of, 159. 
 inspectors ; appointment of, 157, 158. 
 
 may cause removal of nuisances, 159. 
 office of, 157. 
 
 powers and duties of, 158, 159, 160. 
 remuneration of, 158. 
 justices of the peace may order offensive matter to be destroyed, &:c., 159, 160. 
 nuisances, how dealt with, 159, 160. 
 
 penalty for, 159. 
 limitation of actions, 160. 
 nuisances, 159. 
 
 ofl&cers ; appointment and duty of, 155. 
 penalties -, application of, 160. 
 
 for breach of quarantine oi'ders, 154. 
 
 sanatoiy regulations, 155, 159, 160. 
 for not providing dwelling houses with certain conveniences, 15S. 
 permitting rabid animals to go at large, 157. 
 selling flesh bitten by rabid animals, 157. 
 selling unwholesome food, 160. 
 recovery of, 160. 
 plague or inmiinent danger of, how provided against, 156. 
 prosecutions, how conducted, 160. 
 
 removal of, to supreme com't, 160. 
 removal of sick persons, 156. 
 sanatory ordei-s by whom made, 155, 186. 
 
 cellars and vacant lots, how cleansed, 159. 
 dwelling houses, conveniences in, 158. 
 
 how vacated when health endangered, 159. 
 offensive matter, destruction and removal of, &c., 159. 
 privies and vaults, how constructed, 158, 159. 
 
 how and when to be emptied, 159- 
 slaughter house limits, 160. 
 uncleaned fish and offal, how prohibited, 160. 
 sessions, power and duty of, 156. 
 
 to act as court of health in certain cases, 158. 
 vaccination of poor persons, 156. 
 
 expenses and returns of, 156. 
 vessels subject to sanatory orders, entry and clearance of, 155. 
 wardens, appointment, power and duty of, 155, 156. 
 duration of appointment, 155. 
 refusing to accept office, 155. 
 HERRINGS ; smoked. See inspection of provisions. 
 HIGHWAY LABOR IN HALIFAX— 
 
 day's labor to mean ten hours, 189. 
 liability to perform, 189. 
 in winter, 189. 
 persons exempted, 189. 
 
 persons keeping horses, not employed in trucks, 190. 
 pei-sons over sixty, owning teams, 189. 
 
 owning more than two horses, 189, 190. 
 penalties for neglecting to labor, 190. 
 non attendance, 189. 
 how recovered and applied, 190. 
 substitution of men for teams, 189. 
 words, how construed, 188. 
 
 69 
 
546 
 
 INBKX. 
 
 HIGHWAY LABOR IN GENERAL— 
 
 commutation of, 181. 
 
 day's labor to mean eight hours, 179. 
 
 districts J alterationof old, and establishment of new, authoj-ized, 178. 
 
 established, confirmed, 178. 
 liability to perform, 178, 179. 
 
 absent persons liable on returning, 180. 
 cases of accident or obstruction, 180, 181. 
 exemptions from, 178. 
 in winter, 181. 
 
 owners of horses and teams, 179. 
 persons over sixty to send horses, &c., 179. 
 residing on islands, 181. 
 penalties for not sending horses and teams, 179. 
 for non-attendance, 181. 
 recovery and application of, 182. 
 poor persons may be reUeved from, 181. 
 returns of, 182. 
 sessions, power of, 178, 181. 
 
 surveyors and commissioners ; their duty and responsibility, 179, 180. 
 time of performance, 179, 180. 
 HIGHWAYS, STREETS, AND BRIDGES— 
 alteration, 181. 
 
 appeal against closing old roads, 200. 
 bridges, accident to, 180, 181. 
 
 breaking down or injuring, 458, 459. 
 bridge at Bridgetown, 188. 
 control of, 202. 
 
 galloping or trotting on, forbidden, 195. 
 obstructed or broken, 180, 181. 
 penalties for breach of regulations, 202. 
 repairs, &c. of, 180. 
 sessions, powers of, 202. 
 commissioners for expending road monies : 
 appointment of, 190, 191. 
 bonds to be given in certain cases, 191. 
 contracts by ; directions concerning, 191, 192. 
 
 form of, 192. 
 duty of, 191, 192, 193, 194. 
 oath of, 191, 192. 
 power of, 175, 193. 
 
 provincial secretary, duty of, 190, 191. 
 remuneration of, 193. 
 returns of, 191, 192. 
 encroachments and incumbrances, how dealt with, 193, 194, 195, 197. 
 
 removal of, 197, 198. 
 expenditure of monies on, directions for, 191, 192, 193. 
 
 justices of the peace may inquire into, 193. 
 laborers, foremen may be appointed over, 193. 
 how paid, 193. 
 number of, limited, 193. 
 money may be withheld on certificate of justices, 193. 
 sessions, power of, 193. 
 fences, compensation for, and how regulated, 177. 
 highway, word, how construed, 3. 
 obstructions in winter, 181. 
 penalties, appropriation of, 196. 
 
 for destroying trees, &c. between roads and rivers, 196. 
 encroachments, 194. 
 encumbering, 194. 
 
 injuring banks near Bedford Basin, 195. 
 prosecutions for, 194, 196. 
 
INDEX. 547 
 
 HIGHWAYS, STREETS AND BRIDGES, (Continued.) 
 preservation of, 194. 
 
 road round Bedford Basin, 195. 
 private ways, how laid out, 177. 
 
 regulations concerning, 177. 
 repairs of, materials for, how obtained, 193. ^ 
 
 riding and driving ; regulations concerning, and penalty for breach, 195. 
 roads, certain great— laying out of, 173, 174. 
 fences, compensation for, 175. 
 
 payment of damages from treasury restricted to, 175. 
 private lands crossed by, 174. 
 
 procedure where agreement cannot be made, 174, 175. 
 where compensation not demanded, 175. 
 width prescribed, 175. 
 roads, not included in the above — 
 appeal ; mode of, 176. 
 costs of, 176. 
 clerk of the peace ; duty of, 175, 176. 
 damages ; appraisement of, 175, 176. 
 
 apportionment of old roads in payment, 176, 177- 
 to form county charge, 177. 
 when no demand made for, 177- 
 mode of laying out and altering, 175, 176. 
 jury ; power and proceedings of, 176, 177. 
 
 penalty for non-attendance, 176. 
 sheriff ; duty of, 176. 
 sessions ; power and duty of, 176. 
 width of, 177. 
 roads, old ; appropriation of, 176, 177. 
 closing of, 177. 
 
 petition for closing and proceedings thereon, 199, 200. 
 property in, how regulated, 177, 199, 200. 
 sessions ; orders of, for closing, and appeals therefrom, 200. 
 widening } application for, 198, 199. 
 proceedings, how and where to be had, 198, 199. 
 width of, 198, 199. 
 side paths, regulations for preserving and penalty for breach of, 194. 
 streets. See commissioners of streets. 
 
 And see coasting^^ and supervisors of public grounds. 
 HORSES. See cattle^ fences^ and stray horses. 
 HOUSE OF ASSEMBLY— 
 controverted elections : 
 
 committee on petition against return of members, 
 chairman, how selected, 24. 
 decision of, how made, 25. 
 how drawn, 23. 
 
 organized, 23, 24. 
 struck, 24. 
 may report specially, 25. 
 members of, absenting themselves, 25. 
 
 to be sworn, 24. 
 members who voted at election not to serve on, 23. 
 not to adjourn for more than a day without leave, 24. 
 powers and duties of, 24. 
 prorogation, effect of, 25. 
 
 report of, to state whether petition or opposition frivolous, 25, 26. 
 when reduced to less than five, 25. 
 who may be excused from serving on, 24. 
 petition against return of members. 
 
 expenses, payment how reguUted, 25, 26. 
 
 recognizance for, 23. 
 not to be received after fourteen days, 23. 
 
548 
 
 INDEX. 
 
 HOUSE OF ASSEMBLY, (Continued.) 
 controverted elections : 
 
 petition ; proceedings on, when quorum not present, 23. 
 when undefended, 23. 
 quorum of members, 23. 
 sitting member, any freeholder, as respects controversy, may take place of, 23. 
 
 word explained, 26. 
 tmie for considering, appointment of, 22. 
 
 notice of to petitioner and sitting member, 22. 
 duration of, 6. 
 how summoned, 9. 
 
 not to detennine on the demise of her majesty, 6. 
 number of township and county members, 5, 6, 521. 
 persons disabled to sit in, 5. 
 qualification of members, 22. 
 oath of, 22. 
 particulars of, 22. 
 BherifTs duty on receiving writ, 10. 
 writs, contents of, 9. 
 
 teste, return, and transmission of, 9. 
 HYPOTHECATION OF VESSELS. See intereat. 
 
 IMMIGRANTS— 
 
 children, how computed, 164. 
 
 collectors ; duty on receiving head money, 164. 
 
 when vessels having passengers on board wrecked, 164. 
 head money ; application of, 164, 
 collection of, 164. 
 exemption from, 163, 164. 
 master liable for, 163, 164. 
 recovery of, 164, 165. 
 masters of vessels ; duty and responsibility of, 163, 164. 
 
 to make declaration before making inward report, 163. 
 when passengers landed, without having been cleared for the province, 164. 
 penalty on master landing passengers before declaration, 163. 
 on making false declaration, 163. 
 recovery of, 164, 165. 
 quarantine money, 163, 164. 
 revenue officers, duty of, 163, 164. 
 salvage, 164. 
 
 words, how construed, 165. 
 wrecked goods, 164. 
 IMPARLANCE. See criminal Justice. 
 INCENDIARISM. &eejirmg buildings, &c. 
 INCEST ; punishment of, 445. 
 
 INCUxMBRAXCES AFFECTINU LANDS, ^c registry of deeds, 
 INDIAN AFFAIRS— 
 
 commissioners of, appointment and duty of, 161, 162. 
 instructions to, 161, 162. 
 to raise pennanent fund, 162. 
 to report to governor, 162. 
 education of children, 162. 
 grants and reserves, 96. 
 
 encroachments on, 162. 
 INFECTED CATTLE AND VICIOUS ANIMALS; regulations respecting the going at large of, and 
 
 penalty for breach, 302 
 INFECTIOUS OR CONTAGIOUS DISEASES. See health, 
 INSOLVENT DEBTORS ; relief of— 
 
 appeal ; proceedings on, 396, 397. 
 aLsuit ofnown, 394, 395. 
 commissionei-s, how apjiointed, 394. 
 fraud, liow punished, 396. 
 how obtained, 394, 395. 
 
INDEX, I 549 
 
 INSOLVENT DEBTOES, (Continued.) 
 justices of the peace, powers of, 396. 
 sheriffs' fees, by whom paid, 397. 
 subsequent acquisition of property by insolvent, 397- 
 when accounts unsatisfactory, 395, 396. 
 INSPECTION OF PROVISION&— 
 beef, fresh : 
 
 officers' duty and fees, 249. 
 
 penalty on ofBcers for neglect of duty, 249- 
 
 purchasers refusing to take hide and tallow, 249. 
 regulations for selling and weighing, 249. 
 exception to, 239. 
 beef and pork, salted : 
 
 casks, contents of, 248. 
 
 quality and dunensions, 247, 248. 
 inspectors and re-packers, brands of, 248. 
 duty of, 248. 
 fees of, 248. 
 justices of the peace may grant warrant to search vessels, 247, 248. 
 penalties for altering inspected packages, 249. 
 
 for exporting packages uninspected, 249. 
 for obstructing officers, 249. 
 on inspectors for misconduct, 249. 
 
 on masters, for having on board uninspected packages, 249. 
 proceedings where packages shipped without inspection, 248, 249. 
 quahties and descriptions of, 247. 
 bread, how marked, 249. 
 
 oflBcers empowered to inspect and seize, 249, 250. 
 penalty for selling contrary to regulations, 249, 250. 
 for obstructing officers, 250. 
 on journeymen, 250. 
 relief from, 250. 
 regulations for sale of, 249, 250. 
 
 exceptions, 250. 
 seized, how disposed of, 250. 
 sellers to be provided with weights, &c., 249. 
 weight of loaves, 249. 
 flour and meal — 
 
 barrels, tare on, how ascertained, 252. 
 
 weight of, 251. 
 home manufactured, 252. 
 penalty for refilling branded barrels, 251. 
 
 for selling contrary to regulations, 251. 
 on home manufacturers for breach of regulations, 252. 
 on weighers for misconduct, 252. 
 to be weighed, 251. 
 
 weighers ; appointment, duty and fees of, 251, 252. 
 gi'am and corn — 
 
 how measured, 250. 
 
 measurers, duty and fees of, 250, 251. 
 
 penalty for breach of regulations, 251. 
 
 on measm*ers for misconduct, 251. 
 regulations for sale of, 250, 251. 
 what to be deemed merchantable, 250. 
 herrings, smoked — 
 
 boxes for, dimensions and capacity, 244. 
 damaged fish, not to be inspected, 245. 
 inspectors' duty, 244, 245, 246. 
 
 justices may grant waiTant to seize, if shipped or sold without inspection, 244. 
 penalty for acting as inspector without authority, 246. 
 for altering inspected packages, 246. 
 on masters receiving on board uninspected packages, 246. 
 qualities of, 243. 
 
550 ^ INDEX. 
 
 INSPECTION OF PROVISIONS, (Continued.) 
 pickled fish — 
 
 casks, how branded, quality, dimenBions and capacity of, 243, 244, 
 
 quantity of salt packed in, 244. 
 chief inspector, appointment of, 242. 
 bonds of, 242. 
 how paid, 245. 
 liable for deputies, 246. 
 may cause packages to be re-inspected, 246. 
 remedy of, against deputies, 246. 
 exportation of, 244. 
 how cured and packed, 244, 245. 
 inspectors ; appointment of, 242. 
 brands of, 244. 
 certificates of, 244. 
 duty of, 244, 245. 
 fees of, 245. 
 
 to account, &c. with chief inspector, 245. 
 penalties — 
 
 chief inspector engaging in business of packing, &c., 242. 
 for acting as inspector without authority, 242, 246. 
 for altering inspected packages, 246. 
 for exporting uninspected fish, 244, 246. 
 on inspectors aUowing persons to act in their stead, 246.1 
 qualities, prescribed, 243. 
 INTEKEST— 
 
 allowed when and in what cases, 238. 
 
 bottomry, &c. exempted from operation of chapter, 238. 
 
 contracts respecting grain and live stock, 238. 
 
 damages in the nature of, 238. 
 
 limitation of actions, 238. 
 
 penalty for receiving or reserving more than legal rate of, 237. 
 
 rate of, established, 23T. 
 
 usurious contracts, 237- 
 
 And sec bank notes. 
 INTERPLEADEll— 
 costs, 421. 
 
 in what cases, 420, 421. 
 judgment, to be final, 421. 
 proceedings, 421. 
 
 may be referred to court by judge, 421. 
 prothonotary, duty of, 422. 
 
 provisions of chapter made applicable to sheriffs, constables, &c., 421, 422. 
 rules, orders, &c. to be entered of record, 422. 
 third party, neglecting to appear or to comply with order, 421. 
 INTOXICATING LIQrORS. ^g jails., licenses^ revenue^ and Sabbath. 
 INVENTIONS. See patents. 
 ISSUE ; word defined, 3. 
 
 JAILS; meaning of word, 3. 
 
 And see county buildings and escape. 
 JOINT DEBTORS ; suits against. 
 
 abatement, in what cases, 441. 
 
 proceedings in, 411. 
 application to defend by absent defendant, 410. 
 arrest of one of several defendants authorised, 410. 
 continuance, when granted, 410. 
 execution against defendant returning after commencement of, 411. 
 
 on what property to be levied, 411. 
 may be prosecuted in the absence of one or more of several defendants, 410. 
 proceeding where some defendants served and some not served, 411. 
 JOINT TENANTS AND TENANTS IN COMMON, 317. 
 And ^&Q partition. 
 
INDEX. 551 
 
 JUBICIAL OFFICERS— 
 
 judges of the supreme court and master of the rolls, 
 appointment of, 126. 
 plurality of offices forbidden, 125. 
 qualification of, 125. 
 removal of, l"2o. 
 tenure of office, 125. 
 JUDGMENTS ; sale of lands under— 
 appraisement not necessary, 320. 
 beneficial interests in lands may be taken, 319, 320. 
 defendant may notiiy sheriff to dispose of particular portion first, 320. 
 execution, how levied, and when, 320. 
 judgments binding lands, when to be levied, 319. 
 sheri^s' deed, operation and effect of, 320. 
 
 special provisions apphcable to titles made previously to 1841, 321. 
 subsequent judgment creditors, 320. 
 surplus proceeds, how applied, 321. 
 tenants to hold under pui'cbaser, 321. 
 JUDGMENTS ; dockets of, how registered, 308. 
 JURIES— 
 
 challenges of, 356, 394, 466. 
 
 clerks of the peace to perform duties of prothonotary when, 394. 
 deficiency in, and non-appearance of jurors provided for, 394. 
 discharge of, 392. 
 
 exemptions from seiTice on, 171, 389. 
 foremen of, how chosen, 391. 
 how called and when, 392, 393. 
 how reUeved from fi.nes, 393. 
 how summoned and drawn, 390, 391, 393. 
 liability to serve on, and how often, 389, 390. 
 Ust of jurors, amendment of, 393. 
 how prepai-ed, 390. 
 at Halifax, 390. 
 at St. Mary's, 390. 
 
 names of gi-and and petit to be placed in different boxes, 391. 
 panels ; certain places to have two, 392. 
 numbers of names in, 392. 
 when not called, 392. 
 penalties on jurors for non-attendance, 393. 
 recovery and application of, 393. 
 qualification of grand and petit jurors, 389. 
 sessions to appoint commissioners for preparing lists, 390. 
 special, how obtained, 391, 392. 
 
 And see coal mines^ coroners, criminal justicey fortijications, justices, partition, and 
 supreme court. 
 'JUSTICE -,* how construed in acts, 3. 
 JUSTICES OF THE PEACE— 
 
 appointed visitors of schools, 171. 
 jurisdiction of in civil cases -. 
 
 appeal ; mode of procedure on, 359. 
 arrests restricted to particular cases, 355. 
 bail j persons admitted to, 355. 
 constables' duty, 355, 357, 358. 
 causes when to be tried, 355. 
 executions, how issued in particulai* cases, 357- 
 how levied, 367. 
 sales under, 357. 
 when returnable, 357. 
 when to be issued, 357. 
 forms j schedule of, 359. 
 judgment and costs, how regulated, 356, 357- 
 jury, how formed, 356. 
 
 summoned, 356. 
 
552 
 
 INDEX. 
 
 JUSTICES OF TIIE PEACE, (Continued.) 
 jurisdiction of in civil cases : 
 
 jury, in what cases allowed, 355, 
 may he challenged, 356. 
 penalty on jurors for non-attendance, 356, 
 penalties on constables, 358. 
 proof, to be confined to statement filed, 356. 
 
 where action not confessed, 356. 
 remedy against constable, 359. 
 set off; evidence of, confined to statement, 356. 
 
 statement of, to be filed, 356. 
 tender, plea of, 357. 
 writs, how directed and served, 355. 
 return of, how made, 355. 
 when defendant does not appear, 355. 
 jurisdiction of; in criminal cases. 
 bail after commitment, 484. 
 
 in what cases taken, 483, 484. 
 depositions, how taken and used, 480, 481. 
 evidence for prosecution, how secured, 480- 
 
 when insufficient, 4S4. 
 examinations need not be public, 481. 
 forms, schedule of, 4S4. 
 informations, how taken, 47S. 
 
 offences committed at sea or places beyond, 477, 478. 
 proceedings, where to be taken, 482. 
 
 recognizance to prosecute, how taken and transmitted, 481, 482, 484. 
 Sunday, warrants may issue on, in certain cases, 478. 
 suspected persons, apprehension of, &c., 4S'2, 483. 
 vai'iances may be cause for adjournment, 478, 479. 
 what, are not objectionable, 479. 
 protection of; 
 
 actions against, allegation of malice necessary, 422, 423. 
 amends may be tendered, 424. 
 costs, when plaintiff may recover, 424, 425. 
 form of, 422. 
 
 notice of intention to commence, 423, 424. 
 proof on plaintiff, 423. 
 to be set aside, in what cases, 423. 
 proceedings to compel justice to do acts relating to office, 423, 
 
 where amends tendered or money paid into court, 424. 
 And see corporations^ criminal justice ^ evidence ^peace officers, petty trespasses^ and summary suits. 
 
 LANDING WAITERS, GUAGERS, AND WEIGHEKS ; appointment and remuneration of, 37. 
 LANDS i incumbrances affecting. See registry. 
 
 sale of, under foreclosure of mortgages, ^ee foreclosure. 
 
 sale of, under execution. See judgTtients. 
 And see leases and partition. 
 LATHWOOD. See lumber. 
 LEASES AND ESTATES IN LAND— 
 
 assignable by deeds only, or note in writing, 326. 
 exception, 326. 
 
 not in writing signed by parties, to be estates at will, 326. 
 LEATHER ; regulations for sale of, and penalty for breach of, 253. 
 LEGACIES. See executors, probate court, and vnlls. 
 LETTERS. See post office. 
 LICENSES FOR SALE OF INTOXICATING LIQTJORSr- 
 
 appeals, 70. 
 
 application of monies, 187. 
 
 clerk of the peace, duty and remuneration of, 68. 
 
 costs of prosecutions, how borne, 71, 
 
 date and limitation of law, 67, 68. 
 
 different kinds of, 67, 6S. 
 
INDEX. 553 
 
 LICENSES FOR SALE OF INTOXICATING LIQUORS, (Continued,) 
 duties OD, 67, 68. 
 forms, schedule of, 71, 72, 73. 
 how obtahied, 67, 68, 70. 
 
 justices of the peace not to hold tavern licenses, 68. 
 may order restitution of goods pawned, 69. 
 married women and servants liable for penalties, when, 69. 
 payment of duties, 68. 
 penalties for illegally erecting signs, 69. 
 
 keeping disorderly house, 69. 
 
 not appearing on subpoena, &c., 70, 71. 
 
 not erecting signs, 68. 
 
 obstructing clerk, 70. 
 
 receiving goods in pawn, 69. 
 
 selling on Sunday, 69. 
 
 without license, 67, 68. 
 recovery of, 70. 
 to whom paid, 70. 
 physicians and apothecaries, 68. 
 
 provisions controlled in Halifax by act of incorporation, 71. 
 recovery of debts for liquors, 69. 
 reduction or remission of duties in certain cases, 68. 
 registry of, to be exhibited to sessions,' 68. 
 sale of liquors in Halifax, 67, 68. 
 shop licenses, duty of holders of, 69. 
 to be registered, 68 
 
 variances and technical objections, 70, 71. 
 witnesses, 70. 
 
 And see clerk of licenses ^jails^ and revenue. 
 LIGHT HOUSE DUTIES— 
 at Straits of Canso, 66. 
 collectors' commissions, 66. 
 
 to grant certificate of payment, 66. 
 exemptions from, 66. 
 how charged, 66. 
 
 operation and limitation of law concerning, 67. 
 penalties and forfeitures for non-payment of, 66, 67. 
 vessels liable for, 66. 
 
 when new and intended for sale, 66. 
 LIGHT HOUSES ON ST. PAUL'S AND SCATARIE, 92. 
 LIMITATION OF ACTIONS— 
 
 actions by persons under disability, 430. 
 for claims of the crown, 430. 
 for recovery of lands, 429. 
 in case of ai-rest, or reversal of Judgment, 429. 
 to be brought within a year, 429. 
 
 within six years, 428. 
 new contract, what to be deemed, 429. 
 
 operation of certain provisions restricted to actions commenced after April, 1853, 429. 
 pleas in abatement for non-joinder, 429. y 
 
 promises by joint contractors, 428, 429. 
 
 And see commissioners of streets^ copyright^ costs and fees, county rates., inspection of 
 provisions, lumber, marriage and divorce, militia, revenue-, sheriffs, shipping and 
 seamen, and woods and marshes. 
 LOTTERIES AND RAFFLES ; penalty for getting up or participating in, 446. 
 LUMBER— 
 
 boards, 1 
 
 clapboards 
 
 deals, 
 
 lathwood, 
 
 plank, 
 
 shingles, 
 
 staves, 
 
 ton timber, 
 
 qiralities and dimensions of, 245. 
 
 70 
 
554 
 
 INDEX. 
 
 LUMBER, (Continued.) 
 
 limitation of actions, 257. 
 
 penalties on sellers and exporters, 256, 257. 
 
 for destroying surveyors' marks, 257. 
 for sm-veyors offending, 257. 
 regulations for exportation and sale, 255, 256. 
 
 exceptions, 255, 256. 
 surveyors' duty and remuneration, 255, 256. 
 fees, by whom paid, 256. 
 sellers to facilitate suiTey, 256. 
 survey ; certificate of, 256. 
 
 And see rivers. 
 LUNATICS— 
 
 debts and expenses of, 426, 427. 
 guai'dians how appointed and removed, 426, 427. 
 power and duty of, 427. 
 to give bonds, 426. 
 
 And see penitentiary. 
 LARCENY ; punishment for, 455. 
 
 MADMEN— 
 
 justices may order apprehension of, 299. 
 property of, how dealt with, 299. 
 removal of, to place of settlement, 299. 
 MAILS. See post ojice. 
 MALICIOUS INJURIES— 
 
 to articles in museums. 459. 
 bridges, 458, 459. 
 buildings, 458. 
 buoys and beacons, 460. 
 cattle. See cattle. 
 crops, 458. 
 dikes. See seivers. 
 farms, gardens, and orchards, 459. 
 mines, 458, 459, 460. 
 mill-dams, 458, 459. 
 
 ornamental works, &c. in pubUc buildings and places, 459. 
 stacks of grain or fuel, 459. 
 trees, &c , 459. 
 vessels, 450, 451, 458. 
 wrecks and wrecked goods, 458. 
 words defined, 461, 462, 463. 
 MANSLAUGHTER— 
 
 killing by misfortune or self-defence, 450. 
 punishment of, 450. 
 MANURE ; sessions empowered to make regulations respecting sea manure, 302. 
 MARKETS, PUBLIC— 
 confirmed, 288. 
 
 keepers and clerks to render accounts, 289. 
 rents and penalties, how applied, 289. 
 
 sessions, power to establish and control, conferred on, 288, 289. 
 And see county rates. 
 MARRIAGE— 
 
 bigamy, punishment of, 446. 
 licenses for, 328. 
 limitation of actions, 446. 
 offences against, 446, 447. 
 penalties for illegally solemnizing, 327, 328, 447. 
 how appUed, 328. 
 
 on ministers for refusing to publish bans, &c., 328. 
 who may solemnize, 327. 
 
 And see court of marriage and divorce. 
 MARRIED WOMEN. See deeds., licenses, and wiUs. 
 MARSH AND DIKE LANDS. See sewers. 
 
INDEX. 555 
 
 MEETING HOUSES— 
 
 assessment for repairs, 153. 
 pews, possession of, how given, 153, 
 MILITIA— 
 
 actual service -. 
 
 armed boats, 107. 
 
 articles of war, 107, 168. 
 
 cavalry and artillery company, how classed for, 105. 
 
 classing men for, 105, 106. 
 
 compensation to owners of carriages, &:c., 105. 
 
 defence of places exposed to attack by water, 107. 
 
 deficiency of arms, 105. 
 
 disability to serve, 109, 110. 
 
 disciplining, men drawn for, 109- 
 
 desertion, prevention and punishment of, 110. 
 
 exemptions from, 106, 115. 
 
 invasion, 105. 
 
 men, how furnished and drawn, 106, 109. 
 
 necessaries, how provided, 109, 110. 
 
 New-Brunswick, voluntary service for defence of, 105. 
 
 ofl&cers, how selected, 109. 
 
 pay, rate of, &c., 107. 
 
 penalties for disobeying orders, 107. 
 
 false alarm, 107. 
 pensions, 113. 
 quakers, 106. 
 regulated by rosters, 105. 
 removal from companies' limits, 106. 
 rosters, how formed, 105, 106. 
 rotation of, 106. 
 
 sudden attacks m distant places, 105. 
 Bubstitntes for persons in government employ, 107. 
 watching and warding, 107. 
 Adjutant general exempted from serving on juries, 113. 
 age ; disputes concerning, 100. 
 ammimition j men to furnish themselves with, 102. 
 arms 5 bond to be given on receipt of, 101. 
 fee for filling, 101. 
 how dischai'ged, 102. 
 how and to whom distributed, 101. 
 
 marked, 102. 
 Inspection of, 103. 
 
 men about to remove with, may be arrested, 103. 
 orders for storing, 103. 
 where to be lodged, 102, 103. 
 arrests 5 exemptions from. 111. 
 artillery companies, 99. 
 battalions, how formed, 98, 99. 
 billetting, 114, 115. 
 boards of appeal, formation of, 104. 
 
 power and duty of, 104. 
 buglers and pipers ; appointment of, 100. 
 captains and colonels ; duty of, 101, 102, 103. 
 
 power and authority of, 104. 
 to make returns, 101. 
 cavalry ; troops of, 99. 
 companies, how formed, 98. 
 
 clerks of companies ; appointment and duty of, 99, 100, 104. 
 clerks of regiments 5 appointment of, &c., 100, 101. 
 colored persons ; companies &c., of, 113. 
 courts martial ; 
 
 accuser not to sit on, 109. 
 
 appeal to general coiurt martial, 109. 
 
 corporal punishment fgrbidden, 108- 
 
556 
 
 INDEX. 
 
 MILITIA, (Continued.) 
 courts martial : 
 
 evidence on, 109. 
 expenses of, provided for, 109. 
 how constituted, 109. 
 oath of oflacers comprising, 108. 
 penalty for contempt of, 109. 
 relations of accused not to sit on, 109 
 sentence of death, 108. 
 to be courts of appeal, 109. 
 courts martial generaJ ; justices may be judge advocates, 108 
 
 power of, on appeals, 109. 
 com-ts martial regimental : 
 
 how ordered and constituted, 109. 
 power of, to sentence, 109. 
 sentence of, how approved, 109- 
 discipline -. 
 
 annual meeting of officers, 112. 
 number of days for, 110. 
 orders for training, 103. 
 rules for, 99. 
 squad drill, 110. 
 definition of terms, 114. 
 dress ; rules for, how made, 99. 
 exemptions from enrollment, 111, 171. 
 musters, 110, 111. 
 of horses and carriages when employed, 115. 
 ferries, free to men on duty, 111. 
 field officers ; duty of, in certain cases, 113. 
 fiank companies, 99. 
 Halifax regiments, 100. 
 inspecting officers, how appointed, 113. 
 limitation of actions, 112. 
 limits of companies, 99, 112. 
 
 regiments, 100. 
 muster 5 notices of, 104. 
 necessaries, how provided, 102. 
 non-commissioned officers ; appointment of, 100. 
 
 removing from companies' limits, 100. 
 offence at meetings ; commitment for. 111. 
 
 fee for conveying prisoner to jail. 111. 
 officers' dress and appointments, 112. 
 
 liable to perform privates' duty, when, 113. 
 neglecting to take out commission, 113. 
 obedience enjoined upon, 112. 
 quarter-master and quarter -master-sergeant, 112, 113. 
 penalties, accounts and appropriations of, 112, 114. 
 for appearing unequipped at muster, 102. 
 dh'ty or unserviceable arms, 103. 
 breach of companies' regulations, 99. 
 departing from parade without leave, 104. 
 interrupting military duty, 111. 
 misbehaviour at meetings, 110. 
 misconduct, 104. 
 neglecting to get em-oUed, 99, 100. 
 
 receive arms, 102. 
 not attending squad drill, 110. 
 
 being provided with ammunition, 102. 
 returning arms, 102, 103. 
 refusing to convey or receive prisoners. 111. 
 removal from district without giving notice, 100. 
 KeUing or receiving arms, 103. 
 imprisonment for non-payment of, 111. 
 on captains neglecting to report men absent, 104. 
 
INDEX. 557 
 
 mUTIA, (Continued.) 
 
 penalties on clerks and non-commissioned officers for neglect of duty, lOO.j 
 colonel and captain not obeying training orders, 103, 104. 
 field officers for neglect, 112. 
 officers for not attending meetings, 112. 
 muster, 104. 
 giving false certificates of billetting, 115. 
 making false, or neglecting to make retui'ns, 101, 102. 
 misconduct while marching, 115. 
 on surgeons, fee. refusing to give, or giving false certificates, 111, 112. 
 on troopers disposing of horses, 99. 
 remission of, in certain cases, 103. 
 pensions, 113. 
 
 quarter masters and quarter-master sergeants, 112, 113. 
 regiments, how formed, 98, 99- 
 rules, &c., how sanctioned, 112. 
 sergeant-major, appointment, &c. of, 101. 
 sickness or infirmity, 111, 112. 
 term of service, 99. 
 MILL-DAMS J punishment for destroying, &c., 458, 459. 
 
 And see rivers. 
 5IILLS A>^D MILLERS— 
 
 penalties, exacting excessive toll, 240. 
 
 neglect to provide beam and scales, 240. 
 reftising to grind, 240. 
 qualities ground, how ascertained, 240. 
 regulations to be observed by millers, 240. 
 tolls regulated, 240. 
 INILNES AND MINEKALS. See revenue. 
 31INISTERS AND CLERGYMEN. See marriage and schools. 
 MINORS. See descent of property j limitation of actions, probate court^ and wUIj. 
 MONTH ; how construed in acts, 3. 
 MOOSE. See useful animals. 
 
 MORTG-AGES. See foreclosure, and registry of deeds. 
 MLTNBIENTS OF TITLE j punishment for stealing, 155. 
 MURDER— 
 
 attempt to commit, 450. 
 
 punishment of principals and accessories, 450. 
 
 NEW-BRUNSWICK. See revenue and militia. 
 
 NEWFOUNDLAND. See revenue. 
 
 NEWSPAPERS. See post (\ffi.ce. 
 
 NOXIOUS ANIMALS, 279. 
 
 NUISANCES IN STREETS. See commissioners of streets, and see health. 
 
 OATH— 
 
 justices may administer when no particular du-ections given, 4. 
 meaning of word, 4. 
 
 Quakers and Moravians may af&rm in lieu of, 4. 
 And see perjury. 
 OFFICERS APPOINTED BY GOVERNOR; dui-ation of office, 4. 
 
 And see public situations, 
 ORDERS. See bye-laws. 
 OVERSEERS OF POOR. See apprentices and servants and poor. 
 
 PARDONS TO FELONS ; effect of, as to subsequent convictions, 473. 
 PARTITION— 
 
 costs on, how regulated, 400, 401. 
 
 taxed and paid, 404, 405. 
 duration of, between tenants for yeai-s, 399. 
 eviction of part owner by person having paramount title, 404. 
 final judgment, effect of, 402. 
 
 on liens by mortgage, 404. 
 
558 
 
 INDEX. 
 
 PARTITION, (Continued.) 
 
 final judgment ; effect of, on party not appearing whose share not known, 404. 
 
 persons claiming to hold in severalty not bound by, 403. 
 heir or devisee of a party dying before partition, 404. 
 how made, 401. 
 
 commissioners, appointment and duty of, 401. 
 proceedings may be had anew, 402. 
 return of commissioners, 402. 
 where premises indivisible, 401, 402. 
 judges orders, 405. 
 
 proceedings for appearance, mode of, 399, 400. 
 how commenced, 399. 
 maintained, 399. 
 in cases of default, 401. 
 need not abate by death of party, 404. 
 pleadings in particular cases, 400. 
 petition, amendment of, 399. 
 contents of, 399. 
 how filed, 399. 
 where a party fails to appear, 490. 
 
 claims on an assigned share, 403. 
 
 same share claimed by two parties before division, 403, 404. 
 rule for, 401. 
 
 titles under judgment of, how considered, 405. 
 where made in the absence of a part owner, 402, 403. 
 PARTNERSHIPS— 
 
 limited ; actions against copartners, 232. 
 
 alterations in, to be deemed dissolution, unless, &c., 232. 
 
 business of, by whom transacted, 231. 
 
 capital ; regulations as to, 232. 
 
 certificate to be recorded and verified, 232. 
 
 creditors j preferential assignments against, void, 233. 
 
 to claim before special partners, 232. 
 dissolution, how effected, 233. 
 
 dividends, when and in what cases payable, 232, 233. 
 evidence of, 232. 
 frauds, how punished, 233. 
 general partners ; liability of, 233. 
 how formed, 231, 232. 
 insolvency, 232, 
 
 publication of, in royal gazette, 232. 
 renewal of, 232. 
 
 special partners' liability and contributions, 231. 
 privileges of, 233. 
 settlement of, where amount limited. 
 
 arbitrators, how appointed, 230. 
 
 mode of proceeding, 230. 
 powers of, 230. 
 
 to make and file affidavit, 230. 
 judgment, costs, execution, fcc, 231. 
 
 to restrain proceedings in equity, 231. 
 proceedings to obtain settlement, 230. 
 PARTRIDGES. See useful birds, &c. 
 PATENTS rOR USEFUL INVENTIONS— 
 actions, costs, defence, &c., 325, 326. 
 assignments of, to be recorded, 325. 
 
 copies of letters patent and drawings, how obtained from secretary's office, 325. 
 fees on, 325. 
 
 how and by whom obtained, 324, 325. 
 improvements on inventions patented, 324. 
 
 changes of form, &c. not to be deemed, 321, 325. 
 may be assigned, 326. 
 remedies of patentees, 325. 
 
INDEX. 559 
 
 PAUPERS. Seeyoor. 
 
 PEACE OFFICERS 5 penalty for assaulting, 448. 
 
 PENALTIES— 
 
 how recovered and applied where no particular mode prescribed, 3, 4. 
 imposition of, not to relieve from liability for special damages to injured party, 3, 4. 
 PENITENTIARY— 
 
 accounts of, to be laid before legislature, 90. 
 admission of persons restricted, 88. 
 
 board of works to contract for supplies of victuals, &c., 87, 88. 
 to make rules, kc, 87. 
 to report to legislature, 88. 
 convicts attempting escape, 89. 
 committing assault, 89. 
 discharge of, during sickness, 88. 
 employment of, 87, 88. 
 how received and removed, 88. 
 maintenance of, 87, 88. 
 medical examination of, 88. 
 rescue of, 89. 
 when incorrigible, 89. 
 expenses of, provided for, 99. 
 how used, 87. 
 
 imprisonment regulated and limited, 90. 
 justices of the peace ; power of, 87. 
 keeper of, his duty, 88, 89. 
 
 protection of, 90. 
 limitation of actions, 90. 
 management of, 87. 
 ofl5cei*s of, how removed, 87- 
 penalties for connivance at escape, 89, 90. 
 
 on officers for misconduct, 89, 90. 
 prosecution for offence, 90. 
 vested in her majesty, 87. 
 visiters of, 87. 
 PENSIONS, RETIRING^ 
 
 conditions attached to certain, 125. 
 duration of certain, limited, 125. 
 PERJURY 5 punishment for, or for subornation of, 449. 
 
 And see frauds. 
 
 PETTY TRESPASSES AND ASSAULTS— 
 
 aggravated cases, costs in, 419. 
 
 procedure in, 419. 
 forms ; schedule of, 419. 
 
 justices, comphance with judgment of, to bar further proceedings, 419, 
 jurisdiction of, 417, 418, 419. 
 to certify to dismissal of complaint, when, 419. 
 limitation of actions, &c., 419. 
 penalties for cutting down or injm-ing trees, 418. 
 damaging or defacing commons, 418. 
 trespassing on cultivated enclosures, 418. 
 imposition of, not to preclude other remedies, when, 418. 
 how recoverable, 418, 419. 
 
 regulations respecting cattle, &c. going at large, 417. 
 replevin, form of vrnt of, 418. 
 
 in what cases granted, 418. 
 trial of, 419. 
 PHYSICIANS AND SURGEONS— 
 
 regulations concerning practice of, 160, 161- 
 And see licenses. 
 PILOTAGE, HARBORS AND HARBOR MASTERS— 
 Antigonishe tow path, 227. 
 commissioners of pilots : 
 duty of, 220, 224. 
 
560 
 
 INDEX. 
 
 PILOTAGE, HARBORS AND HARBOR MASTERS, (Continued. 
 commissioners of pilots : 
 
 how appointed, 223. 
 quorum, 223. 
 
 to make bye-laws, &c., 224. 
 exemptions from, 226. 
 hai'bor master : 
 
 appointment and duties of, 226, 227. 
 at Spanish river, duty of, 227. 
 fees 0^ 227, 228. 
 harboi-s ; appeal from bye-laws, 227. 
 
 buoys and beacons, 226, 227. 
 
 exemption from dues, 227. 
 
 Fish Point bar, 227. 
 
 regulations by sessions, how approved, 227. 
 
 may be annulled by supreme court, 227. 
 sessions ; duty of, 226. 
 whar&ige, 226. 
 penalties for breach of regulations coDceming buoys, 226, 227. 
 carrying licensed pilots' flag illegally, 224. 
 taking ballast from Fish Point bar, 227. 
 refusing to surrender to hcensed pilots, 225. 
 on masters not facilitating pilots boarding, 225. 
 
 taking pilots to sea, 224, 225. 
 on pilots departing from schedule of fees, 227. 
 for disobeying regulations, 224. 
 transferring certificate, 224. 
 pilots at Spanish river •, duty of, 227. 
 certificate ; form of, 224. 
 
 not transferable, 224. 
 renewed annually, 224. 
 to be numbered, 224. 
 detained on board, entitled to wages, 225. 
 entitled to preference, when, 225. 
 regulations to be observed by, 224. 
 speaking when entitled to, 225, 226. 
 signals to, 225. 
 unlicensed persons to surrender to, 225. 
 
 may act in the absence of Ucensed pilots, 226. 
 rates of, 227. 
 
 salvage of anchors and cables, 224. 
 PLEADINGS AND PRACTICE. See supreme court. 
 POISONING ; punishment for, 450. 
 POOR, SUPPORT OF— 
 
 amercement in what cases, 268. 
 
 annual meetings to provide for, 266. 
 
 appeals ; costs and proceedmgs on, 265. 
 
 city of Halifax exempted from operation of chapter, 269. 
 
 clerk and treasurer of districts ; eligibility, appointment and duties of, 
 
 costs, how recovered, 266, 266. 
 
 districts, 264. 
 
 confinned, 271. 
 mode of dividing, 271. 
 officers may be appointed for, 268. 
 houses may be built for, 266, 267. 
 management of, 266, 267. 
 
 overseers' accounts how and when rendered, 267, 268. 
 to be audited by sessions, 268. 
 appointment of, 264. 
 power and duty of, 266, 267. 
 remedy where aggrieved, 266, 267. 
 retxirns of for sessions, 266, 267. 
 penalties, appropriation of, 268. 
 
INDEX. 561 
 
 POOR, SUPPORT OF. (Continued.) 
 
 penalties for improperly bringing paupers, 266- 
 refusing to serve as overseers, 26S. 
 on assessors for neglect of duty, 268. 
 
 omitting to assess themselves, 26S. 
 refusing to serve, 268. 
 collectors for neglect of duty, 268. 
 refusing to serve, 268. 
 withholding monies, 268. 
 overseers not rendering accounts, 268. 
 persons contributing to, may recover from overseers, 266. 
 persons deserting their families, property how dealt with, 265. 
 persons receiving aid, liable to refund, 268. 
 rates ; appeals from, to sessions, 267. 
 appropriation of, 267. 
 
 in cases of amercement, 268. 
 how chosen, 266. 
 assessors, not eUgible for collectors, 267. 
 collectors, how appointed, 267, 268. 
 
 their commissions, 268. 
 constables' duty and fees, 267. 
 how assessed, 266, 267. 
 justice's power to enforce payment, 267. 
 
 fees, 267. 
 poor persons exempted from, 267. 
 proceedings to enforce payment of, 267. 
 relations liable to contribute to, 265. 
 removal to proper districts, 264. 
 
 expenses, how borne, 264, 265. 
 proceedings to enforce reception, 264, 265. 
 settlement, how gained, 264, 265. 
 townships liable for, 266- 
 warrant of distress, form of, 270. 
 words, definition of, 264. 
 
 And see madmen and vagrants. 
 POST OFFICE— 
 
 accessories to offences, 79, 83. 
 control of, 74, 75. 
 
 express mails, agreement for carrying, 76. 
 extension of postage accommodation, 78. 
 ferries, mails to pass free, 79. 
 fi"anking abolished, 75. 
 letters and property transmitted through, 81. 
 forwarding of, 79, 80. 
 
 sent otherwise than by mail may be seized, 80. 
 limitation of actions, 84. 
 lost letters, 81. 
 masters of vessels : 
 
 entitled to postage for carrying letters, when, 78. 
 to make declaration before breaking bulk, 77. 
 newspapers, pamflhlets, &c. : 
 
 conditions to be observed on forwarding, 77. 
 examination of, authorized, 77. 
 foreign and colonial, transmission of, 78. 
 how delivered where a party removed, 77. 
 postage on newspapers abolished, 76. 
 questions of postage on, 77. 
 offences enumerated and defined, 81, 82, 83. 
 officers and servants, appointment of, &e. 74. 
 
 exempted from certain public duties, 79. 
 salaries of, 84, 85. 
 penalties : 
 
 for collecting and forwarding letters illegally, 79, 80. 
 
 71 
 
562 
 
 INDEX. 
 
 POST OFFICE, (Continued.) 
 penalties : 
 
 for refusing to convey mails over femes, Y9. 
 imposition of, 75. 
 
 on masters of vessels, where letters found on board, 78. 
 on officers and servants for misconduct or neglect, 79. 
 
 way-office keepers for offence, 78. 
 recovery of, 84. 
 postage : 
 
 British and foreign, 76. 
 how ascertained, 78, 79. 
 how retained and disposed of, 75, 76. 
 marks, 78, 79. 
 
 on papers printed by authority of legislature, 76, 
 on printed books and pamphlets, 76. 
 payment of, 80. 
 prepayment of, 75- 
 rates of, 75. 
 postmaster general : 
 
 duty of, 76, 80, 81. 
 
 may compromise and compound suits, 84. 
 prosecutions, 83, 84. 
 
 property, in whom laid, 83, 84. 
 quarantine ; letters, &c. how obtained from vessels in, 78. 
 revenue of, 86. 
 
 revenue officers, power and duty of, 78. 
 ship letters, how delivered and secured, 78. 
 soldiers and seamen, letters of, 8. 
 stamps provided for, 76. 
 transmission of mails, 75. 
 way offices, how established, &c. 78. 
 witnesses and evidence, 84. 
 words, definition of, 85. 
 PO&THUMOU? CHILDREN. See descent of property. 
 PRINCIPALS AND ACCESSORIES; punishment of, 460. 
 
 And sec criminal justice. 
 PRIVIES. Pee health. 
 PROBATE COl'RT— 
 
 accounts, how rendered and when, 438, 439- 
 
 whcn to be paid off, 349. 
 administration, to whom gi-anted, 346, 347. 
 
 in particular cases, 347. 
 intestate estat'^s, 347. 
 upon refusal of cv^cutor, 346. 
 appeals ; cost of, &c., 345, 346. 
 
 proceedings of, 346- 
 applications for probate, how made, 343. 
 
 in particular cases, 343. 
 appraisers ', appointment and duty of, 34S. 
 (.■itations ; expense of, kc, 344. 
 fompu]^ol■.^■ process, how directed, 343, 
 cont-;miit. how punished, 34J. 
 costi, by whom paid, 345. 
 how regulated, 345. 
 taxation of, i^c, 345. 
 distribution, './h-jn to be made, 347- 
 executors and ailmiuistrutors ; 
 accounts of, 344. 
 
 final settlement, 344, 345, 
 
 effect of, 344, 345. 
 how audited, 344. 
 how settled, 344. 
 proceeding to obtain settlement, U43. 
 
wMHii 563 
 
 ^ROBADK COtrfet, (C&nlinutd.) 
 executof s and admlnistfatorH i 
 compensation of, 361. 
 complaint of waste against, 346, 347* 
 duty of, 341, 346, 347, 349. 
 
 before settlement or distribUtidn, 348. 
 inventories to be filed by, 347, 348. 
 
 articles which may be admitted in, 348. 
 may be cited to account to successors, 347. 
 oaths, how administered to, 342. 
 refusing to act, 346. 
 when creditors of the estate, 349. 
 form J schedule of, 351. 
 hearings may be adjourned, 344. 
 insolvent estates, how settled, 347. 
 
 judgment creditors smd mortgagees of, 350, 
 judge J appointment of, 340. 
 duty of, 343, 348. 
 
 in appeal cases, 345, 346. 
 not to be employed professionally in probate matters, 342. 
 power of, 341, 342. 
 when an interested party, 342. 
 leases granted under Ucense ; term of, restricted, 341. 
 letters ad colligendum^ 342. 
 
 parties may prepare and file then* own papers, 344. 
 penalty ; executors, &c. not filing inventory, 348. 
 
 neglecting to prove and record will, 346. 
 probate, where to be granted, 340. 
 real property j conveyance of, by license, 350. 
 division of, 341. 
 sale of, by license, 341, 350. 
 
 where personal property insufficient for payment of debts, 341, 342. 
 registrar, appointment of, 340. 
 duty of, 341, 342, 343. 
 
 not to be employed professionally in matters pending before court, 342. 
 wills, how proved in particular cases, 344. 
 
 not to be taJien from office, except, &c., 343. 
 testimonies in proof of, to be in writing, 344. 
 PROCTORS. See barristers, and costs and fees. 
 PROPANE SWEARING ; penalty for, 445, 446. 
 PROMISSORY NOTES. See bills of exchange. 
 PROTHONOTARIES ; word, how construed in acts, 3. 
 
 See costs and fees, juries and supreme Court. 
 PROVINCIAL SECRETARY. See public officers, and costs and fees. 
 PUBLIC ACCOUNTS, ^efinancial secretary and receiver general. 
 PUBLIC BUILDINGS AND ESTABLISHMENTS— 
 boai'd of works ; accounts of, 86. 
 
 clerk of, his appointment, salary, and duty, 86. 
 commissions on amounts expended abolished, 86. 
 contingent and travelling expenses provided for, 86. 
 how constructed, 85. 
 powers and duties of, 85, 86. 
 
 superintendent may be appointed by ; his duty and salary, 8&. 
 erection and repairs of, 86. 
 necessaries, &;c., how supplied, 86. 
 
 officers employed in and about j their salaries and appointment, 86. 
 gable Island: 
 
 board, powers of) 91. 
 
 held to be within county of llalifax, 92. 
 
 persons found there without license, 91. 
 
 regulation of, 91. 
 
 Wrecked goods, disposal of, 91, 93, 
 
 found in possession of unlicensed persons, 91t 
 
PUBLIC J^XillBITIONS, See t^hihiUons. 
 PUBLIC GROUNDS. See supervisors of public grounds* 
 PUBLIC HEALTH. See healtk. 
 PUBLIC LANDINGS— 
 control of, 202. 
 
 penalties for breach of regulations) 202. 
 sessions ; powers of, 202. 
 PUBLIC OFFICERS— 
 
 appointment and removal of, how regulated, 4. 
 bonds given by, how taken, 4. 
 duration of office, -i. 
 salaries of certain, 124. 
 dxu*ation of, specifically limited, 124. 
 PUBLIC PEACE ; offences against, 44Y, 448. 
 PUBLIC PROPERTY— 
 
 clerk of the peace ; bye-laws, &c. to be filed with, 288. 
 
 to keep a record of appointments, 287. 
 lands, &c. exempted from operation of chapter, 288. 
 leases of, tei-m restricted, 287. 
 penalties, how recovered, 288. 
 sessions to appoint trustees, 287. 
 trustees, appointment and removal of, 287. 
 bodies corporate, 287- 
 control of, 287, 288. 
 expenses of, how borne, 288. 
 powers of, 287, 288. 
 
 to render accounts to sessions to be audited &c., 288. 
 PUBLIC RECORDS ; officers giving false certificates of, 449. 
 PUBLIC WORSHIP. ^ZG religion, 
 
 ' QUEEN,' or ' HER MAJESTY ' j how constructed in acts, 2. 
 QUAKERS AND MORAVIANS. See criminal justice and oaVis. 
 QUARANTINE. See health, immigrants^ and post office. 
 
 RABID ANIMALS, may be destroyed, 157. 
 RAIL ROADS— 
 
 constables may be appointed for, 201, 202- 
 engjnes to be provided with alarms, 200. 
 penalties for breach of regulations, 201. 
 
 going upon or leading animals on, 201. 
 obstructing, 201. 
 trespasses by cattle, 201. 
 recovery of 201. 
 regulations concerning, 201, 202. 
 sessions ; powers and duties of, 201, 302. 
 words defined, 202. 
 RAPE ; punishment of, 451. 
 RATES. See county rates and poor. 
 REAL ESTATE j word, how construed in acts, 4. 
 
 sale of, under execution, 319, 320. 
 
 And see judgment debts, deeds by married women, descent of property, and wills, 
 RECEIVER GENERAL— 
 
 clerk of ; appointment, duty and salary of, 37, 126. 
 
 may administer oaths under revenue laws, 37. 
 to be cashier of savings' bank, 126. 
 duratbn of office, 126. 
 
 may administer oaths under revenue laws, 37. 
 member of the administration, 127- 
 official duties of, 127. 
 president board of revenue, 35. 
 salary of, 124. 
 to furnish stamps for imported books, 32-1. 
 
 manage funded debts, savings' bank, and treasury notes, 2 
 superintend collection of customs duties at Hahfax, 37. 
 
 And see highways^ revenue and treasury notes 
 
INDEXi 565 
 
 fiEGHSmAR IN CllANOlEIl^. Bee ck&neerp court, and eosin andfm^ '. 
 
 EEGISTRY OF BIRTHS, MARRIAGES AND DEATHS-* 
 by whom and how kept, 328, 329. 
 penalty, 329. 
 
 returns of, how made, 328, 329. 
 REGISTRY OP DEEDS, &c.— 
 books for, quality of, 306. 
 
 index to, how kept, 306. 
 certificate of, 308. 
 
 deeds, &c. executed under power of attorney, 307. 
 how proved In particular cases, 307. 
 out of the province, 307. 
 within the province, 307. 
 recorded, 306, 307. 
 effect of, 308. 
 evidence of, 308. 
 
 fire proof safes to be provided, 308. 
 judgments and attachments, how discharged, 308. 
 dockets of, how registered, 308. 
 to bind lands from date of registry, 308. 
 leases of land, term exceeding three years, 308,309. 
 mortgages, how released, 308. 
 proceedings to compel, how taken, 307, 308. 
 priority to be regulated by, 308. 
 registrars ; bonds of, 306. 
 deputies, 306. 
 duty of, 306. 
 
 fees of j see costs and fees. 
 how appointed, 306. 
 sureties j responsibiUty of, 306. 
 when to date from, 307. 
 
 writs of attachment against lands, how registered, 308. 
 REGULATIONS. See bye-laws. 
 RELIGION— 
 
 Church of England : 
 
 church wardens and vestry, 148. 
 bodies corporate, 149. 
 election of, their powers, 148. 
 power and duty of, 149. 
 refusing to act, 149. 
 glebe lands, how sold or leased, 149, 150. 
 meeting for business of, when and bow called, 149. 
 officiating ministers ; licenses of, 148. 
 
 presentation of, 148. 
 qualifications of, 148. 
 parishes ; dividing and subdividing, 148. 
 established, confirmed, 148. 
 mode of establishing new, 148. 
 parishioners •, power of granting monies, 148. 
 
 support of; assessments for, power of chxnrch wardens and vestry over, 149. 
 penalties for desecration of the sabbath, 445. 
 
 disturbing persons assembled for public worship, 444, 445. 
 retailing liquors on Sunday, 445. 
 teiigious congregations and societies : 
 assessment in certain cases, 152. 
 bye-laws, &c., 151. 
 clergymen or ministers. 
 
 agreement for engagement Of to be enteted, 152. 
 how engaged, 152. 
 Church of England exempted from operation of chapter LI., 152^ 
 hovf formed, 150. 
 
 incorporated, may act under chapter LI.j 152. 
 meetings) business of, 151. 
 
S66 iNDM. 
 
 11E.L1GI0N, (Continued.) 
 
 religious oougregatlona and flocietleFi : 
 
 meetings, prooeedinga at, to }3e recorded, 151. 
 
 members admitted after deed registered to execute game 1; 
 
 operation of chapter, 153. 
 
 property of } amount limited, 151. 
 
 how conveyed to trustees, 151, 152. 
 dispos,ed of, 152. 
 vested, 150, 151. 
 trustees ; appointment of, 150, 151. 
 to sue and be sued, 151. 
 And see meeting houses. 
 REMAINDERS. See estates tail. 
 RENT. See distress for rent. 
 
 REPUEVIN. See actions^ distress for rent, and supreme court. 
 REPRESENTATIVES ; word, how construed in acts, 3. 
 REVENUE— 
 
 casual and territorial : 
 
 collection, recovery, and payment, 27, 28, 29. 
 crown lands, proceeds of, 29. 
 management of, 28. 
 mines and minerals, transfer of, 28. 
 ofi&cers, appointment and control of, 2S, 29. 
 of what it consists, 27. 
 customs and excise : 
 
 abandonment for duties, 48. 
 abatement on damaged goods, 48. 
 afl&davit on exportation in importing vessels, 57, 58. 
 agents may enter goods and receive drawback, when, 59, 60. 
 for persons residing abroad, 60. 
 of trading companies, 60. 
 to produce written authority of principals, 39. 
 animals exempted from duties, when, 30. 
 Annapolis, vessels entering, 50. 
 application of duties, 30. 
 
 appraisers employed where goods undervalued, 49. 
 articles destined for another port, 45. 
 
 for army and navy exempted from duty, 58, 59. 
 
 how obtained from warehouse, 59. 
 produce of adjacent provinces, 30. 
 of United States, 30, 31. 
 board of revenue, how and of whom composed, 36. 
 
 license of, for purchase of wines for army and navy officers 
 may excuse production of manifest, when, 44. 
 may station officers on board vessels, 40. 
 power and duty of, 35, 40. 
 rules respecting exportation of liquors, 60. 
 to control distilleries, 65. 
 drawbacks, 55. 
 to eatabhsh and control warehouses, 52. 
 when goods abandoned for duties, 48. 
 Bras d'Or Lake, vessels entering, 51. 
 breaking bulk, 43. 
 
 British goods, regulations respecting importation, 44, 49. 
 bonds, duration of, 38. 
 
 on entry outwards, 56. 
 taken in name of her majesty, 38. 
 when and how cancelled, 38, 57. 
 collection and appUcatiou of, 30, 37. 
 
 collectors may authorize persons to administer oaths in their absence, 49- 
 may administer oaths under revenue laws, 37. 
 may enter shops, &c., and take account of stock, 61. 
 
INDEX. 567 
 
 EEVBNUE, (Contiaued,) 
 customs and excisL- : 
 
 Collectoi*s may station officers on shipboai'd, 40. 
 
 to have the direction of officers at distilleries, tio- 
 to direct stowage in warehouses, 53. 
 wlien goods undervalued, 49. 
 where goods landed for repairs, 50. 
 differences of trifling amounts not to incur a penalty, 58. 
 disputes as to authority of officers, 41. 
 
 regarding dates, 39. 
 distilleries, how regulated, 65. 
 duties at Digby and Annapolis, where paid, 50. 
 how and to whom paid, 29, 30. 
 computed, 39. 
 
 in particular cases, 
 mode of ascertaining, 38. 
 
 in particiilar cases, 39. 
 on goods manufactm*ed of different materials, 49. 
 sold for repairs, 50. 
 salvage, 50. 
 land-borne goods, 49. 
 wrecked goods, 50. 
 over-paid, how and when recoverable, -iQ. 
 remission of, on goods accidentally destroyed, 54. 
 table of, 31. 
 
 when charged according to value, 47- 
 entries, clearances &c., forms of, 38. 
 by biU of Bight, 48. 
 for exportation, 56. 
 
 home consumption, 64- 
 warehouse, 52, 53. 
 how and when made, 46, 56. 
 of liquors from distilleries, 64. 
 what to be deemed valid, 47. 
 when goods chargeable by value, 48. 
 
 exported ia importing vessel, 57- 
 exemptions from duties, 31, 58, 59. 
 expenses of landing goods for examination, 51. 
 exportation of goods entered for home consumption, 57- 
 in importing vessel, 57. 
 of liquors, 60. 
 freight ; goods in wai-ehouse liable for, 54. 
 guagers and weighers 5 duty of, 56. 
 landing waiters ; appointment and remuntration of, 37. 
 live stock may be landed before report, 45. 
 masters of vessels — 
 
 altering stowage of cargo, 43, 44. 
 delaying tide waiter, 58. 
 inward report, how and when made, 44, -ko. 
 manifest ; particulars of, 44. 
 
 production of, may be excused, when, 44. 
 when, and to whom, produced, 44. 
 when goods specified in, not on board, 44. 
 where articles destined for another port, 45. 
 when cargo landed for repairs, 50. 
 oaths, by whom administered, 49. 
 penalties 5 application of, 42, 66. 
 
 board may relieve from, when, 30. 
 for assuming functions of revenue officers, 39. 
 bad stowage in warehouses, 53. 
 collusion, 41. 
 
 counterfeiting docmnents, 39. 
 entering Bras d'Or lake without making entry, 51. 
 
568 
 
 INDEX. 
 
 RETENtJE, (Continued.) 
 
 customs and excise : 
 
 penalties : for false manifest or bills lading, 45. 
 
 interference with goods in warehouse, 54. 
 lading goods without entry, 56. 
 making false declarations, 39. 
 not producing manifest, 44. 
 removing goods from place in permit, 47. 
 unlading before report, &c., 45, i"?. 
 warehousing illegally, 52. 
 on collectors for neglect, 38. 
 
 officers at distilleries for neglect, 65. 
 unauthorized persons making entry, 47. 
 recovery of, 39, 68. 
 
 when permit not coinciding with entry, 56. 
 where bills lading not signed, 45. 
 where manifest not coinciding with cargo, 45. 
 perishable articles may be landed before report, when, 45. 
 permit from distilleries, 64. 
 
 to correspond with entry, 56. 
 when deemed vaUd, 56. 
 prize goods, how valued and sold, 49. 
 receiver general, duty of, 37. 
 revenue officers : 
 
 duty of, 41, 44. 
 
 in case of suspicion, 58. 
 when importer refuses to comply with law, 58. 
 may take samples, 38. 
 powers of, on shipboard, 46. 
 where authority disputed, 41. 
 shipping permit when to be given, 36. 
 spirituous liquors, duty on, 30. 
 
 importation of, 45. 
 steam vessels, when goods imported in, 45. 
 sui-plus stores, 55. 
 table of duties, 31, 
 
 tide waiter, authority for landing goods, 46, 47- 
 remedy for wages when delayed, 58. 
 unlading goods, regulations as to, 47, 51. 
 warehouses, appointments confirmed, 52. 
 
 bonds, conditions, and duration of, 52. 
 
 deficiency in quantity of goods on final clearance, &c., from, 53. 
 goods for, when to be deposited, 52. 
 how transferred, 54. 
 may be exported from, free of duty, 55. 
 removed from one to another, 53. 
 keeper, duty of, 54. 
 
 limitation of time for keeping goods in, 53. 
 orders for establishing, 52. 
 removal of goods from, 53. 
 re-packing and sorting goods in, 53. 
 samples may be taken from, 53. 
 stowage of goods in, 53. 
 wrecked goods : 
 
 allowance of duties on when damaged, 50. 
 
 alteration or removal of packages forbidden, 50, 51- 
 
 claim to, how made, &c., 51. 
 
 duty on, when to be paid, 51. 
 
 may be sold, 50, 51. 
 
 notice of possession of, when and to whom given, 50. 
 
 to be warehoused, 51. 
 
 not realizing amoimt of duties, 51. 
 
 salvage on, 50. 
 
 And see collectors of customs, distilleries^ drawbacks^ and smuggling. 
 
INDEX. 569 
 
 REVENUE OFFICEKS ; punishment for assaulting, 448. 
 
 And see healthy immigrants^ post qffice^ revenue and smuggling 
 RIDING AND DRIVING. See highways. 
 RIOTS-^ 
 
 riotous assembling, how punished, 447, 448. 
 pnnishnient for opposing reading of proclamation, 448. 
 RIVERS— 
 
 commissioners for removing obstructions, 297, 298. 
 how appointed, 297. 
 powers of, 297, 298. 
 their jurisdiction defined, 297. 
 to render accounts, 298. 
 fisheries, operation of chapter CIII. not to interfere with, 298. 
 lumber and timber may be brought down, subject to regulations, 298. 
 meaning of word, 298. 
 operation of chapter restricted, 298. 
 eessions empowered to make regulations, 298. 
 for the bringing down of logs, &.C., 298. 
 the removal of obstructions on, &c., 298. 
 tolls on, establishment of, and then* application, 298. 
 ROADS. See highways. 
 
 ROADS OVER ICE ; regulations for making and penalty for breach, 303. 
 ROBBERY ; punishment of, 454, 465. 
 RULES AND REGULATIONS. See bye laws. 
 
 SABBATH— 
 
 acts to bo done on days falling upon, when to be performed, 4. 
 
 coroners may hold inquisitions on, 133. 
 
 desecration of, how pimished, 445. 
 
 justices may issue warrants on, 478. 
 
 retailing intoxicating liquors on, 69, 445. 
 
 transmission of mails on, 75. 
 SABLE ISLAND. See public buildings and estahliskments. 
 SALMON FISHERIES ; regulated and protected, 284. 
 SALT. See coal and salt. 
 
 SALVAGE. See immigrants, revenue, and wrecks. 
 
 SANATORY REGULATIONS. See commissioners of streets, and health. 
 SAVINGS BANK— 
 
 accounts of, mode of keeping, 130. 
 
 cashiers' duty, 129. 
 
 demands on, provided for, 130. 
 
 deposits ; amount restricted, 129. 
 interest on, 129. 
 
 management of, 129. 
 
 And see receiver general. 
 SCHOOLS. See education. 
 SCRUTINIES. See elections. 
 
 SEA MANURE ; regulations respecting the gathering of, 302. 
 SEAMEN. See shipping and seamen. 
 
 SECOND CONVICTION FOR FELONY, how punished, 460. 
 'SECURITY,' how construed in acts, 4. 
 SENTENCE OF DEATH, when commuted, 474, 475. 
 SERVANTS— 
 
 liable for penalties for breach of license law, when, 69. 
 And see apprentices and servants. 
 SESSIONS, GENERAL— 
 
 business at, 136, 137. 
 
 clerk of the peace ; duty of, 136. 
 
 duration of, 136, 137. 
 
 for Halifax ; indictments at, 136. 
 
 grand juries' attendance at, 136. 
 
 questions of law, how dealt with, 130. 
 
 times and places of holding, 135, 136. 
 
 72 
 
570 
 
 INDEX. 
 
 SESSIONS, SPECIAL— 
 
 business at, 136, 137. 
 clerk of the peace ; duty at, 136, 13T. 
 how caUed, 13^, 137. 
 composed, 137. 
 SEWERS, COMMONS, AND COMMON FIELDS— 
 
 city of Halifax exempted from operation of chapter LXXTV., 211. 
 commissioners of sewers : 
 actions against, 207. 
 clerk of, duties and fees of, 207. 
 
 how appointed and sworn, 205. 
 commissions already issued to remain in force, 204, 205. 
 liability for acts of predecessors, 210, 211. 
 how appointed and sworn, 204, 205. 
 not to be clerk or collector, 208. 
 powers of, 206, 207, 208, 209. 
 remuneration of, 205, 206. 
 selection of, by proprietors, 205, 210. 
 where proprietors dissatisfied with rates, 209, 210. 
 where there are but two proprietors, neither owning two thi.ds, 210. 
 common fields : 
 
 assessment for improvement of, 213. 
 collectors, how appointed, 213. 
 brands or marks for cattle to be entered, 212, 
 committee of management of, 213. 
 
 allowance to, 213. 
 appointment and duty of, 213, 
 fences on, 212. 
 
 expense of erection in certain cases, 212, 213. 
 proceedings to compel erection of, 212. 
 repairs of, 212. 
 fence-viewers, i>owers and duties of, 212. 
 improving and managing of, 211, 212. 
 
 regulations for, how made, 212. 
 evidence of, 212. 
 to be recorded, 212. 
 lines and boundaries of, how kept up, 211, 212. 
 penalties for breach of regulations, 212, 
 
 counterfeiting brands or marks, 212. 
 not erecting fences, 212. 
 on town clerk entering the same mark more than once, 212. 
 town clerk, fees of, 212. 
 commons; penalties for breach of regulations of, 211, 212. 
 
 sessions to have management of, 211. 
 dikes i how kept in repair, 208. 
 
 where there are outer dikes, 208, 209. 
 injuries to, how repaired, 209. 
 marsh and swamp lands j reclaiming of: 
 appeal to supreme court, 210. 
 assessments for : 
 
 how levied and collected, 206, 207. 
 how made, 205, 206. 
 
 keeping outer dikes in repair in certain cases, 208. 
 lands may be leased or sold for payment of rates, 206, 207. 
 liability for payment of i-ates, 207. 
 remedies where proprietors dissatisfied with, 209, 210. 
 when agreed to, 206. 
 where a part only is benefited, 207. 
 where the rate exceeds certain amount, 206. 
 assessors ; commissioners to act as, 205, 206. 
 
 how chosen in certain cases, 209, 210. 
 remuneration of, 210. 
 compensation to proprietors for materials, 207. 
 
INDEX. 571 
 
 SEWERS, COMMONS, AND COMMON FIELDS, (Continued.) 
 mai-sh and swamp lands ; reclaiming of ; 
 
 compensation to proprietors of adjoining lands, when, 210. 
 evidence, 208. 
 
 lying partly in two counties, 205. 
 materials and labor to be furnished by owners, 207. 
 how furnished, 205. 
 notice to provide, 205. 
 notices, how given, 210. 
 officei-s, how chosen, 210, 211. 
 overseers of work, how appointed, 205. 
 plans, how obtained, 208. 
 preliminary proceedings, 207. 
 penalties ; application of, 207. 
 
 for disobedience to orders of commissioners, 209. 
 how recovered, 206. 
 
 on officers and others for neglect of duty, 210. 
 privileges of proprietors, 210, 211. 
 provisions for reclaiming, 205. 
 reclaiming of, 205, 206, 207. 
 remedies, where &c., 210. 
 
 salt marsh to bear proportion of expenses in certain cases, 207. 
 sheriff's fees for attending sale of lands, &c., 206, 207. 
 set-off, to rates &c. not allowed, 206. 
 
 school and glebe lands, exemption from sale for non-payment of rates, 207. 
 SHERIFFS— 
 
 appointment of, 131. 
 
 bonds of, how given and registered, 131, 132. 
 when disallowed, 132, 
 When lost, 132. 
 Commission of, 131. 
 
 death j duties, how discharged in event of, 131. 
 duty of, 132, 133. 
 
 limitation of actions against, 132, 133. 
 may be re-appointed, 131. 
 oath of, 132. 
 
 penalty for neglect of duty, 132. 
 refusal of office, 131. 
 re-appointment of, mode of objecting to, 131. 
 remedy, where persons aggrieved, 132. 
 removal of, 131, 132. 
 
 sureties of, extent of responsibility, 131, 132. 
 how relieved, 132. 
 SHINGLES. See lumber. 
 SHIPPING AND SEAMEN— 
 articles } form of, 219. 
 
 coasting vessels ; exemption from operation of chapter LXXVL, 219. 
 desertion of seamen, 21S. 
 
 how punished, 216. 
 justices of the peace to grant warrant against seamen refusing to proceed to sea, 214, 216. 
 for deUvery of seamen's effects in certain cases, 216. 
 power of, to enforce payment of seamen's wages, 217. 
 reduce penalties &c., 218. 
 limitation of actions, 218. 
 masters of vessels j actions against, evidence, 218. 
 
 discharge of seamen abroad, 217j 218. 
 leaving any of crew abroad, 218. 
 shipping articles, 214. 
 
 contents of, 214. 
 in what cases necessai'y, 214. 
 to keep medicines on board, 217, 218. 
 obtain certificate, &c., 218. 
 naval service, seamen entering, not deemed deserters, 218. 
 penalties for harboring or secreting seamen, 516. 
 
572 
 
 INDEX. 
 
 SHIPPING AND SEAMEN, (Continued.) 
 
 penalties for refusing certificate to seamen, 217. 
 
 on masters for shipping seamen and apprentices without agreement, 214. 
 
 masters refusing to pay wages or deliver effects to seamen entering navy, 218. 
 seamen j debts of, how recoverable, 216. 
 
 discharge of, abroad, how regulated, 218. 
 
 duties of, 215. 
 
 entering naval service, 218. 
 
 entitled to a certificate of service, 217. 
 
 evidence of misconduct of, 215. 
 
 forfeitures of, 215, 216. 
 
 mode of computing, 216. 
 lien for wages, 214. 
 
 refusing to proceed to sea after articles signed, 214, 215. 
 sickness of, 218. 
 
 sureties for advances to, 214, 215. 
 liability of, 215. 
 proceedings against, 215. 
 to execute articles, 215. 
 wages not assignable, 217. 
 recovery of, 216, 217. 
 
 when about to proceed on a voyage, 217- 
 where under £20, 217. 
 costs, disallowed in certain cases, 217. 
 SHIPS. See vessels. 
 SLAUGHTER-HOUSES. See health. 
 SMUGGLING— 
 
 actions against officers : 
 
 amends may be tendered, 63, 282. 
 costs ; payment of, how regulated, 282. 
 limitation of, 40, 41, 282. 
 notice of, to be given, 41. 
 
 for penalties, in whose name to be brought, 40, 41. 
 limitation of, 282. 
 appeal, 42, 62, 282. 
 collusion, 41. 
 contraband goods and vessels : 
 
 claim to, how and by whom made, 41, 62, 281. 
 
 condemnation of, 41, 62, 281. 
 
 custody of, 281. 
 
 proceeds of, how applied, 281. 
 
 restoration of, allowable on security, 40, 281. 
 
 board may order, 40. 
 sale of, 62, 63. 
 seizure, 62. 
 
 who may seize, 39, 40. 
 evidence, certificates, &c. given in, 41. 
 
 on trial of actions, 41. 
 goods prohibited found in packages destined for other ports, 48. 
 informations, 41, 63. 
 justices of the peace, duty of, 61. 
 officers may be stationed on boai'd vessels, 40. 
 enter and search buildings, 61. 
 power and authority of, 61, 280, 281, 282. 
 penalties, application of, 42, 66, 281. 
 
 board of revenue may relieve from, when, 39. 
 for breaking bulk illegally, 53. 
 
 cargo not coinciding with manifest, &c. 45. 
 
 collusion, 41. 
 
 counterfeiting documents, 39. 
 
 entry by unauthorized persons, 47, 56. 
 
 false manifest or bills lading, 46. 
 
 false report on entry for exportation, 58. 
 
INDEX. 573 
 
 SMUGGLING, {Continued.) 
 
 penalties for goods found concealed in other pockages, 48. 
 illegally importing liquors, 46, 
 making false declarations, 39. 
 non-payment of duties, 63. 
 
 not giving notice of possession of wrecked goods, 50, 51. 
 obstructing officers, 40, 61, 62, 281. 
 relanding articles for army or navy, 59. 
 
 or not forwarding goods pursuant to clearance, 60. 
 removing goods after seizure, &c., 39. 
 
 from place named in permit, 47. 
 unlading goods before inward report, 45, 47. 
 on masters not answering questions, 280. 
 producing manifest, 44. 
 vessels carrying prohibited goods, 61, 280. 
 persons on board vessels liable to, when, 40. 
 recovery, 39, 66. 
 proof i burden of, on the claimant of goods seized, 281. 
 
 of payment in case of seizure, 41. 
 suspension of laws for prevention, authorized, when, 42, 60, 63. 
 vessels, carriages, &c., engaged in, to be forfeited, 39, 40, 281. 
 forfeiture of, to include guns, &c., 39. 
 hovering about ports after notice to depart, 61, 280. 
 may be boarded by certain officers, 61, 280. 
 words, how construed, 42. 
 writ of assistance, 61. 
 SNIPE ; see useful birds and animals. 
 SOLDIERS AND SEAMEN j see post office and wills. 
 SPEAKER ; see vacating seats. 
 
 SPIRITUOUS LIQUORS -, see drawbacks, licenses^ revenue, sabbath, and smiigglinff. 
 STABBING i punishment for, 450. 
 
 And see escape. 
 STATISTICS— 
 
 board of ; appointment and duty, 117, 118. 
 
 secretary of, how appointed, 177, 118. 
 census, when to be taken, 117, 118. 
 clerks of the peace } remuneration of, for labor in taking census, 119. 
 
 to examine and transmit returns of enumerators, 118, 119. 
 enumerators } appointment, power, and duties of, 118, 
 remuneration of, 119. 
 returns of, 118. 
 financial secretary, to be member of board, 117. 
 justices of the peace to administer oaths to enumerators without fee, 118. 
 
 examine returns of enumerators, 118, 119. 
 penalties and punishments ; eniunerators neglecting duty, 119. 
 for obstructing enumerators, 118. 
 in cases not specifically provided for, 119. 
 schedule of questions, 119. 
 sessions to cause returns of expenses to be made to the board, 119. 
 
 divide counties into districts, 177, 118. 
 tables, how prepared, 117, 118. 
 
 And see clerks of the peace-, coroners^ and registry of births, ^c. 
 STATUTE LABOR ON HIGHWAYS. See highway labor. 
 STAVES. See lumber. 
 STEAM VESSELS. See revenue. 
 STOLEN GOODS ', punishment for receiving, 449, 450. 
 
 And see criminal justice. 
 STRAY HORSES AND CATTLE— 
 
 disputes as to ownership, how settled, 301. 
 expenses of keeping, 301. 
 how to be dealt with, 300, 301. 
 penalty for illegally detaining, 301. 
 proceedings, where no claimant, 401. 
 sale of, authorized, when, 3Q1. 
 
574 
 
 INDEX. 
 
 STRAY HORSES AND CATTLE, (Continued.) 
 Bale i proceeds of, how applied, 301. 
 town clerk, duty and fees of, 301. 
 STREETS. See commissioners of streets. 
 SUGAR ; tare of, 252. 
 SUMMARY SUITS— 
 
 appeal from justices, 413. 
 bail ; liability of, 413. 
 judgment and execution, 413. 
 jury ; application for, 413. 
 when allowed, 413. 
 proceedings in, 413. 
 trial ; list of causes for, 413. 
 notice of, 413. 
 when to be had, 413. 
 SUPERVISORS OF PUBLIC GROUNDS— 
 accounts of, how audited, 196, 19T. 
 appeal from orders of, 198. 
 
 costs of, 198. 
 appointment and removal of, 196. 
 bodies coporate, 196, 
 
 certain lands exempted from operation of chapter, 197. 
 clerk of the peace ; returns to supervisors to be filed with, 198. 
 duty of, to render account, 196, 197, 198. 
 grand jury may recommend removal of, 196. 
 orders of, how proved, 198. 
 powers and duty of, 196, 187. 
 public grounds } leasing of, 196, 197. 
 
 rents ; application of, 196, 197. 
 title to be vested in supervisors, 196. 
 SUPREME COURT— 
 
 absence of judge, 335. 
 clerks of the crown ; duty of, 336. 
 criminal causes ; calendar of, to be sent to, 336. 
 
 commissioners for taking affidavits ; appointment, powers and duty of, 336. 
 convictions and fines ; retm*n of, to board of statistics, 336. 
 fines J statement of, to be delivered in open court, 336. 
 indictments, except in Halifax, when to be made out, 336. 
 original papers, not to be delivered without judge's order, 335. 
 powers of, 333, 335. 
 
 practice j rules of, may be made by, 385. 
 publication of, 385. 
 to conform to superior courts at ■Westminster, 385, 386. 
 prothonotary ; duty of, 335, 336. 
 inilea of : 
 
 affidavits } requisites of, 383. 
 amendments, 377, 385. 
 causes for argument, 385. 
 
 copies of papers, when and by whom to be furnished, 384, 386. 
 entry of, 384. 
 
 judge's report, when and by whom to be filed, 384. 
 chambers of judges, 385. 
 
 summons and orders made there, 385. 
 continuances for absence of witnesses, 378. 
 costs, in what cases recoverable, 379, 380. 
 interlocutory, how recoverable, 380. 
 of making judge's order a rule of court, 384. 
 of the day, when incurred, 378. 
 on pleas of abatement, 381. 
 security for, when to he given, 380. 
 taxation of, 380. 
 counsel j regulations as to hearing of, on trials, 378. 
 damages in natuie of interest, assessment of, 380, 381. 
 
INDEX* 575 
 
 SUPREME COURT, (Corttinued.) 
 rules of : 
 
 dates or times, where statements of necessary, B1\i. 
 days, how computed, 383, 384. 
 declaration ; length of, restricted, 3Y1. 
 
 particulars to be delivered "with, in what cases, 3'72. 
 pledges to prosecute, not to be stated in, 372. 
 time for filing &c., limited, 373. 
 when to be served, 372, 373. 
 defendant to appear and plead, when, 371 
 demurrer book, when to be filed, 384. 
 ejectment ; proceedings in, 372, 373. 
 entries on record ; first entry, what deemed, 377. 
 
 of continuances, not allowed, 377. 
 of pledges to prosecute, not allowed, 377- 
 executions — against members of p. parliament, 382. 
 indorsements in, 382. 
 what may be taken under, 382. 
 when may be issued, 382. 
 when to take effect, 382. 
 first day of term, business of, 384. 
 fonnal words, unnecessary in what cases, 375. 
 interest, in what cases allowed, 380. 
 issue, when to be filed, 377. 
 judgment, 381, 382. 
 
 In causes removed to Halifax, 382. 
 how signed, 381, 382. 
 when to date from, 382. 
 judgment by default, when to be signed, 381. 
 
 of non pros, 381. 
 list of causes, when to be given in, 383. 
 motions arising during trial, 37S. 
 
 entered for argument, when to be heard, 384. 
 new trial, 384. 
 
 proceeding where rule nisi for, refused, 378. 
 particulai's of demand, how obtained, 372. 
 payment of money into court, 373. 
 
 form of plea, 373, 374. 
 subsequent proceedings, 374. 
 of debt and costs to stay proceedings, when, 379. 
 pleadings ; counsel's signatm-e imnecessary, 375. 
 how filed, 374. 
 
 single plea or replication to more than one count or plea, when allowed, 375, 376. 
 time allowed for, 372, 374. 
 pleas ; form of, 375. 
 
 not to be waived without leave, 375. 
 puis darrein, continuance, how pleaded, 377. 
 where more than one, 375. 
 rules nisi, how obtained, 385. 
 
 mode of arguing, 385. 
 satisfaction pieces, how signed, &c., 382. 
 seniority at the bar, 384. 
 set oS J form of, 384. 
 
 judgment for excess, 381. 
 proceedings, 375. 
 special bail, when to put in, 372. 
 
 special cases may be prepared for opinion of com-t, 377. 
 terms, business of, 385. 
 trespass f/uare clausumfregit, 372. 
 
 description of place in declaration, 372. 
 trial ; amendments for variances on, 377. 
 delay to proceed to, 372, 373. 
 notices of, 378. 
 
576 
 
 INDEX. 
 
 SUPREME COURT, {Continued.') 
 rules of ; ^ 
 
 warrants of attorney -, entries of not allowed, 3T7. 
 
 not to be filed, 371. 
 venue, changing, 377, 378. 
 in declaration, 372. 
 verdicts, what defects cured by, 377. 
 sherlfFs, duty of, in case of judge's absence, 335. 
 sittings in Halifax ; after term. 
 
 duration of, 335. 
 may be extended, 335. 
 motions on last day of, 335. 
 terms duration and return days in Halifax, 333. 
 
 in other counties, when held, 333, 334, 335. 
 
 And see criminal justice and summary suits. 
 * SURETY ' J how construed in acts, 3. 
 SUHGEONS. See physicians.. 
 
 SURVEYOR GENERAL AND COMMISSIONER OF CROWN LANDS— 
 allowance for clerks, &c., 128. 
 offices of, united, 128. 
 salary of, 124. 
 
 And see croum lands and public queers. 
 SURVEYORS OF LAND— may administer oaths to chainmen, 134. 
 
 TENANCY OF COURTESY. See the descent of property. 
 
 TENANCY IN COMMON. ?^q joint tenancy and partition. 
 
 TENANT. See distress and forcible entry. 
 
 THREATENING LETTERS ; punishment for sending, 455. 
 
 TIMBER. See lumber and rivers. 
 
 TOWN CLERK. See common fields, stray horses and cattle, and weights and measures. 
 
 TOWNSHIPS— 
 
 boundai-ies of, 
 
 appointment of surveyors, 144, 145. 
 confirmed, 144. 
 how ascertained, 144, 145. 
 officers, appointment of 144, 145. 
 death, vacancies, 144, 145. 
 how appointed, 144, 145. 
 penalty on surveyors for neglect or misbehaviour, 144, 145. 
 plans, grants &c., custody of, 145. 
 inspection of, 145. 
 TREASON ; defined, 443. 
 
 proceedings and punishment, 443, 450. 
 
 And see criminal justice and juries. 
 TREASURY NOTES— 
 
 commissioners of appointment, and duration of office, 128, 129 
 
 dated previous to 1846, 129. 
 
 form and mode of issue, 129. 
 
 issue of, limited, 129. 
 
 old notes, how replaced, 129. 
 
 public accounts, committee of, to destroy old notes, 129. 
 
 may be paid In, 129. 
 torn and defaced, 129. 
 
 And see currency. 
 TREES } punishment for injming or destroying, 195, 415, 459. 
 TRESPASSES. See petty trespasses. 
 TRUSTEES. See wills. 
 
 USEFUL BIRi>S AND ANIMALS ; preservation of, 278, 279, 
 USURY— 
 
 loans of grain, live stock, &c., 237. 
 monies } see interest. 
 
INDEX. 577 
 
 VACATING SEATS IN LEGISLATURE— 
 
 mode of, 26, 27. 
 
 ofl&ces which'vacatc, 26, 27. 
 
 vacancies, how supplied, 26, 27. 
 VACCINATION ; see health. 
 VAGRANTS; how punished, 239. 
 VALUABLE SECURITIES ; punishment for steailng, 445. 
 VAULTS i construction of, &c., 153. 
 VESSELS— 
 
 exhibiting false lights to, 45S. 
 
 firing or casting away, 450, 451, 458. 
 
 And see quarantine and wrecks, 
 VESSELS, COASTING— 
 
 exempted fi-om operation of chapter LXXTI., 219. 
 
 to have a piece of plank or iron extending aft stern post, 282 
 VOTERS AND RATE PAYERS. See barrister Sy elections and franchise, 
 
 WAGERS, GAMES, &c.; frauds, or ill-practices m,how punished, 456. 
 
 WAREHOUSES AND WAREHOUSING. See revenue. 
 
 WARDS. See guardians, 
 
 * WARRANT 'i how construed in acts, 3. 
 
 WARRANTS— 
 
 costs of executing ; how and by whom paid, 483. 
 
 forms, ae^ Justices o/thepeace. 
 
 how endorsed, 479, 
 
 in cases of frei^h pursuit, how executed, 479. 
 
 may issue in vacation, 478. 
 oil Sunday, 478, 
 
 of deliverance, 4S4. 
 
 returnable at any lime, 479. 
 
 vanancjs in, hjw rdiiK'dieil, 473. 
 
 when, how, and for what offences, 477. 
 
 may, a.il wh-*n niiy not isiui 1 1 firit initaic-, 477, 47.^. 
 
 and seeju^tice!! of the peace und petty trespasses. 
 WEAPONS i penalty lor carrying dau-:eruus, 448. 
 WEIGHTS ANU >iii.At5l.Ri:.S— 
 
 clerks of the peace tu bt; furnished with standard set of, 257. 
 
 liable to examination by certain oflictrt^, 257. 
 seizure, when ill! I ertcct, 257, 20S. 
 
 officers j duty uf certain, 257. 
 
 penalty i..r cbiiruciing officers, '257, 258. 
 
 standard of, 257. 
 
 set to be accessible to public, 257. 
 
 stamps on, 257. 
 WELLS ANl> I'LIufS— 
 
 exiteiises of sinking and keeping in repair, 295. 
 
 penalty tor injuring, 294. 
 WESLLYAN Mii.THOi>lbTS ; esi-mpted from operation of chapter Lll, 154. 
 WHAtiFAtTji. 'Sad pilotage, harbors^&fC. 
 WILLS— 
 
 construction of, 312. 
 
 detinition of terms, &c., 312, 313. 
 
 devisees, dying before testator, in certain cases, 313. 
 
 devise to testator's children, dying before testator, 313. 
 
 estates tail, devisee dying before testators, 313. 
 
 executors of, to fullil contract of testator, 313. 
 
 general devise, how construed, 313. 
 
 how affected by alterations, interlhieations, &c. 311- 
 
 how executed, 310. 
 
 in favor of attesting witness, husband or wife of, 31i^. 
 
 legacies that are void or lapsed, 312, 313. 
 
 marriage to revoke, 311. 
 exception, 311. 
 
 73 
 
578 
 
 INDEX. 
 
 ^^^.^uLS, {continued.) 
 
 meaning of word, 3, 
 of married women, 310. 
 minors, 310. 
 soldiers and sailors, 310. 
 penalty for concealing or destroying, 455, 470. 
 
 suppressing, 313. 
 powers of appointment by, 310. 
 proof of, 310. 
 
 property ; what may be devised, 309, 310. 
 real estate, devises of, 312. 
 residuai'y devise, 312. 
 revocation of, 312. 
 revoked, how revived, 311. 
 trustees ; devise to, how construed, 313 
 
 powers of, defined, 312. 
 validity of, 310. 
 when to take effect, 012. 
 
 witnesses ; creditors and executors eligible, 310, 311. 
 devise to, 310. 
 
 incompetency of, not to invaUdate, 310. 
 words in, how construed, 312, 313. 
 words of hmitation in, how construed, 312. 
 And stie probate court 
 "WITNESSES. See costs andfees^ criminal just ice, evidence, s^nd Justices of the peace, 
 WHIPPING AND PILLORY. See criminal justice. 
 WOODS AXD MAESHES ; regulations respecting the burning of, 196, 197. 
 WOODCOCK. See useful birds and animals 
 WRECKS AND WRECKED GOODS— 
 cei"tain officers ; duty of, 221, 222. 
 custody of, 222. 
 
 interference with, may be repelled by force, 222. 
 justices of the peace may cause search to be made for, and punish offendei's, 221. 
 notice of finding, 221. 
 penalties for disobeying ofiicers, 221. 
 
 impeding escape from wrecks, 451. 
 molesting or obstructing officers, 222. 
 not giving notice of possession of, 39, 
 plundering wrecks, 454, 45J. 
 preservation of, 221. 
 proceedings in respect of, 222. 
 
 removal from inferior court, 222. 
 proceeds of, how disposed of, 222. 
 
 recovered by owners, 222. 
 salvage ; persons entitled to, 221, 222. 
 vessels in distress ; provisions for relief of, 221. 
 where no claimant, proceedings, 222. 
 
 And see immisrunts, Sable Island, tmd revenue. 
 
 * YEAR ;' libw construed in acts, 3. 
 
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