r ^ ^ 1 ^^ ■ > <^-"^'^ -. t -« ^V": ^>*. i> ^ -I #^ r ^^ •. 'i /.-' )s'AEY TITLE. PAGE. ChAPTEB 1. Or THE PEOMULGATION AJSD CONSTETJCTION O^ STATUTES . PART I. or THE GOVEENMEWT AJSTD ITS ADMINISTRATION, AND THE SOCIAL ECONOMY OP THE PEOVINCE. TITLE I. OE THl). LEGISLATtTEE. Chapteb 2. Of legislative councillors... 7 Chaptee 3. Of executive and legislative disabilities , 7 Chapter 4. Of the duration of, and representation in the Gen- eral Assembly 9 Chaptee 5. Of the prevention of corrupt practices at elections 9 Chaptee 6. Of controverted elections 13 Chaptee 7. Of vacating seats 18 TITLE 11. OE PEOTINCIAL PEOPEETT, ITS EEGrLATION AJSD MANAGEMENT. Chaptee 8. Of the casual and territorial revenue .■ 19 Chaptee 9. Of mines and minerals 21 Chaptee 10. Of the regulation of mines 69 Chaptee 11. Of the crown lands , '. 84 Chaptee 12. Of trespasses to croven property , 92 Chaptee 13. Of the public records 96 Tl ANALYSIS. TITLE III. OF PEOTINCIAl OITICEES. Chaptee 14. Of certain public officers, their salaries and duties 97 TITLE IV. OF COUNTIES, DISTB.ICTS AND TOWNSHIPS, AND THEIE OFFIOEES. Chaptee 15. Of the boundaries of counties, districts and town- ships 100 Chaptee 16. Of custos and clerk of the peace 101 Chaptee 17. Of sheriJffs 103 Chaptee 18. Of prothonotaries and clerks of the crown 106 Chaptee 19. Of coroners 106 Chaptee 20. Of general and special sessions 108^ Chaptee 21. Of county assessment 110 Chaptee 22. Of jails and other county buildings 130 Chaptee 23. Of townships, certain county and township officers 131 Chaptee 24. Of fences, fence viewers, and impounding of cattle 136 TITLE V. OF Ike SITPPOET OF PUBLIC WOESHIP. Chaptee 25, Of the Church of England 139 Chaptee 26. Of religious congregations and societies 141 Chaptee 2 1. Of assessments for repairs of meeting houses 141 TITLE VI. OF THE PUBLIC HEALTH. Chaptee 28. Of practitioners in medicine and surgery 148 Chaptee 29. Of boards of health and infectious diseases 157 Chaptee 30. Of nuisances 159 Chaptee 31. Of rabid animals 162 TITLE VII. OF EDUCATION. Chaptee 82. Of public instruction 163 TITLE VIII. OF THE POOE. Chaptee 33. Of the settlement and support of the poor 189 Chaptee 34. Of poor districts 197 Chaptee 35. Of the maintenance of bastard children 198 ANALYSIS. VU PAGE. TITLE IX. OF LirifATIOS. Chaptee 36. Of lunatics, and of the custody and estates of lunatics 206 « TITLE X. OP AGEIOUXTITEE. Chaptee 37. Of the encouragement of agriculture 221 Chaptee 38. Of agricultural and land corporations 226 Chaptbe 39. Of farmers' clubs 228 Chaptee 40. Of commissioners of sewers, and of dyked and marsh lands , 230 Chaptee 41. Of commons 239 Chaptee 42. Of common fields 240 TITLE XI. OE HIGHWAYS, BEIDGES, PUBLIC LAJfDINGS, EEEEIES AlTD EAJXEOADS. Chaptee 43. Of the la3ring out and management of certain great roads 242 Chaptee 44. Of laying out roads other than certain great roads 246 Chaptee 45. Of the expenditure of moneys on roads 249 Chaptee 46. Of highway labor 253 Chaptee 4:7. Of the preservation of roads 259 Chaptee 48. Of closing roads 260 Chaptee 49. Of commissioners of streets 261 Chaptee 60. Of bridges and public landings 269 Chaptee 51. Of ferries 270 Chaptee 52. Of certain provisions respecting railroads 271 TITLE XII. OP ooepoeations, Chaptee 53. Of general provisions respecting corporations 273 Chaptee 54. Of certain joint stock companies 279 Chaptee 55. Of incorporated sureties for oflScers 284 Chaptee 56. Of library associations and institutes 285 TITLE XIII. Chaptee 57. Of municipalities 288 TITLE XIV. OE OEETAIN MTJlflOIPAX AND lOOAI EEGXTLATIOIfS. Chaptee 68. Of trustees of public property 318 nu AUAiTSIS. PAGE. OttAiTEE 59. Of supervisors of public grouuds 319 Cttapieb 60. Of subscriptions to public works 323 Chaptee 61. Of public markets 324 Ohaptee 62. Of fires and flrewards 325 Chaptee 63. Of the discharge of firearms and fireworks 331 Chaitbe 64. Of the transportation and use of gunpowder 331 Gkaptee 65. Of burning woods and marshes 332 Chaptee 66. Of the conve3dng of timber and lumber on rivers and the removal of obstructions therefrom 333 Chaptee 67. Of public exhibitions 335 Chaptee 68. Of stray horses and cattle 336 Chaptee 69. Of the goiug at large of eertain animals 337 Chaptee 70. Of the gathering of sea manure.. 338 Chaptee 71. Of coasting on highways, roads over ice, and guide boards 338 Chapter 72. Of the taxation of dogs 339 TITLE XV. OF CEKTAIN birds and ANIMIALS. Chapter 73. Of the preservation of useful birds and animals.... 340 Chapter 74. Of the destruction of noxious animals 343 TITLE XVI. OP IICENSES. Chapter 76. Of licenses for the sale of intoxicating liquors...... 343 TITLE XVII. OP immigeation. Chapter 76. Of Immigrants 355. PART 11. OF PEOPEETI AND THE DOMESTIC RELATIONS. TITLE XVIII. OP REAt PROPERTt, AND THE ALIENATION THBEEOP. Chapter 77. Of deeds by married women 359 Chapter 78. Of estates tail 360- Chapter 79. Of the registry of dSeds and encumbrances affect- ijttg lands 350 Chapter 80. Of joiat tenancy and tenancy ia common... , 365- ANAtXSIS. IX PAGB. TITLE XIX. OF TITLE TO REAL AKD PERSONAL PKOPEKTT BY WILL AND BY DESCENT. Chapter 81. Of wills of real and personal estate 366 Chapter 82. Of the descent of real and personal estate 371 TITLE XX OE PKAUDB, PBEJTJEIBS, and secret BILLS OE SALE. Chapter 83. Of the prevention of frauds and perjuries 374 Chapter 84. Of the prevention of frauds on creditors by secret bUlsof sale 376 TITLE XXI. OF THE DOMESTIC RELATIONS. Chapter 85. Of »the solemnization of marriage 378 Chapter 86. Of the protection of married woinen in certain cases SSi" Chapter 87. Of guardiains and wards 386 Chapter 88. Of masters, apprentices, and servants 387 PART III. OF COUHTS AND CIVIL EEMEDIES. TITLE XXII. OF THE VARIOUS COURTS ; THEIR CONSTITUTIONS AND JURISDICTIONS. Chapter 89. Of the supreme court and its officers 391 (Chapter 90. Of the probate court and procedure therein 395 Chapter 91. Of the jurisdiction of justices of the peace in civil cases 414 Chapter 92. Of juries 426 Chapter 93. Of barristers and attorneys 437 TITLE XXIII. OP procedure IN CIVIL CASES. Chapter 94. Of pleadings and practice in the supreme court.... 441 Chapter 95. Of procedure in equity 520 Chapter 96. Of witnesses and evidence 536 Chapter 97. Of suits against absent or absconding debtors 549 Chapter 98. Of suits agaiast executors, administrators, and trustees 554 I ANALYSIS. Page. Ckapter 99. Of the liberty of the subject.. 556 Chapter 100. Of the limitation of actions 559 TITLE XXIV. or CBETAIN PROCEEDINGS RELATING TO REAL PEOPEETT. Chaptee 101. Of the writ of dower 567 Chaeter 102. Of the partition of lands 570 Chapter 103. Of the sale of lands under foreclosure of mortgage. 578 Chapter 104. Of the sale of lands under execution .. 579 Chaptee 105. Of tenancies, and of forcible entry and detainer.. 58P Chapter 106. Of escheating lands forfeited to the Crown 583 Chaptbe 107. Of distress for rent 585 TITLE XXV. OF PEOVISIONS AS TO CERTAIN SPECIAL CASES. Chapter 108. Of trust and trustees 687 Chapter 109. Of arbitration 595 Chapter 110. Of partnerships 600 Chapter 111. Of the protection of justices of the peace 605 Chapter 112. Of the protection of constables 608 Chapter 113. Of compensation to the families of persons killed by accident 609 TITLE XXVr. Chapter 114. Of costs and fees 610 INDEX : 625 APPENDIXES. PROVINCE OF NOVA-SCOTIA. IN THE TEAR OP OUK LORD ONE THOUSAND EIGHT HUNDRED AND SEVENTY-THREE. AN ACT FOR REVISING AND CONSOLIDATING THE GENERAL STATUTES OF NOVA SCOTIA. FOURTH SERIES. B E IT Enacted, by the Governor, Council, and Assembly, as follows : Chap. 1. CONSTRUCTION OF STATUTES. PRELIMINARY TITLE. CHAPTER 1. OF THE PROMULGATION AND CONSTRUCTION OF STATUTES. All acts public. 1. All acts shall be deemed pubHc, and may be declared on and given in evidence, without being specially pleaded. Date of com- 2. The Clerk of the Legislative Council shall endorse on menoement. g^g^y ^ct the date of its passagc, and the endorsement shall be held part of the act, and shall be the date of its commencement, unless otherwise provided. pabiicatton ^ 3. Printed copies of acts published in the Royal Gazette V A . newspaper, in Halifax, or purporting to be published by the Queen's Printer for the Province, shall be evidence of such acts. Repeal or altera- 4. Any act may be altered or repealed during the session ""'" in which it shall have passed. how evidenced. tion the same Revived by ex- 5, No act uor any portion of an act that shall have been mratoniy. repealed, shall be revived, unless by express enactment. Proceedings 6. Where an act shall be repealed in whole or in part, TOnttnued^un^ and othor 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. Construction of 7. In the constructiou of acts, the following rules shall tomsT^Mi'erai' be obsorved, unless otherwise expressly provided for, or provisions. svLc\i coDstruction would be inconsistent with the manifest intention of the legislature, or repugnant to the context, that is to say : The words " Queen " or " Her Majesty '' shall include Her Majesty, her heirs or successors. " Governor'' shall include the governor, lieutenant-gover- nor, or person administering the government of the Province for the time being. *' Sessions " shall denote the court of general or quarter sessions of the peace for the county or district ; and "special sessions '' shall denbte a special sessions of the peace for the county or district. "Justice '' shall signify Justice of the Peace. " ProthoDotary " shall include deputy prothonotary. PREL. TITLE.] COXSTEDCTION OF STATUTES. " Clerk of the Crown '' shall include deputy clerk of the Chap. 1, crown. '■ — — " Jail '' shall mean County Jail; and where imprisonment is prescribed it shall mean imprisonment in the jail or other building within the County, in which debtors may be legally imprisoned. " Warrant " shall signify warrant under hand and seal. " Grantor " may be construed as including every person from whom any freehold estate or interest passes by deed ; and '' grantee '' as including every person to whom any such estate or interest passes in li,ke manner. "Land,'' "lands," or " real estate/' shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. " Goods '' shall mean personal property. "Issue,'' as applied to the descent of estates, shall be construed to include all lawful lineal descendants of the ancestor. " Representatives '' shall mean executors and adminis- trators. "Wills" shaU include codicils. " Month " shall signify a calendar month, and " year " a calendar year; and "year" alone shall be equivalent to the expression "year of our Lord." " Oath " shall include affirmation in cases where, by law, an affirmation may be substituted for an oath ; and, in like cases, the ^ord "sworn" shall include the word , " affirmed." " Person '' may extend to bodies politic and corporate as well as to individuals. " Folio '' shall mean ninety words. " Sureties " shall mean sufficient sureties, and " security '' shall mean sufficient security i and where these words are used one person shall be sufficient, unless otherwise ex- pressly required. 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. 8. Where a penalty shall be imposed, and no particular penalties, how mode be prescribed fur the recovery thereof, the same may ^y^a^^^ be recovered in the name of any person who will sue therefor, in the same manner, and with the like costs, as 4 CONSTRUCTION OF STATUTES. Chap. 1. if it were a private debt due such person, the nature of the offence being briefly stated in the summons ; and where no particular mode of applying any penalty shall be prescribed, the same shall be paid, one-half to the person who shall have sued therefor, and the other half to the Overseers of the Poor for the place where the offence was committed, for the use of the poor thereof; and where a penalty, or part thereof, shall be for the use of the poor, it shall be paid to the Overseers of the Poor for the place where the offence was committed, for the use of the poor thereof. The imposition of a penalty shall not relieve any person from liability to answer for special damages to a party Appeals. injured. Appeals to the Supreme Court shall be allowed by justices of the peace, from judgments given by them in all such cases tried before them, in the same manner and on the same terms as are provided in civil suits, except where otherwise specially provided. All penalties and forfeitures, not exceeding forty dollars, may be sued for and recovered before any two justices of the peace ; but if incurred within the City of Halifax, before the City Court. Prosecutions for such penalties or forfeitures may be in the name of any person, or of any corporate body. Authority to fill 9. Where authority to make appointments to public vacancies. -j. l- • i j -i i ii • i i .1 JT,, Situations is conrerred, it shall include the power to fill up vacancies caused by death, resignation, removal, or refusal to act. Bye laws, power 10. Where power to make bye-laws, regulations, rules to^makeand ^^ 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. Sw°*reo^fd' ^^' ^^^^ i* ^^ declared that any matter is to form a reo vere . pQjjj^|.y. djaj-gg^ {.he expeuso shall be presented, confirmed, assessed, levied and collected with and by the same means as by law directed with regard to other moneys for county purposes. Forms. 12. Where forms are prescribed, slight deviations there- from not affecting the substance or calculated to mislead, shall not vitiate them. Sunday, &c. 13. If the day upon which an act is to be done shall fall on a Sunday, Christmas Day, or Good Friday, the same shall be performed on the day following. 14. Justices of the peace may administer all oaths, with regard to the taking of which no particular directions are given. Quakers, &c., 15. Quakers or Moravians, where an oath is prescribed how sworn. • i j p j. 1 • xi ' , , ' f «>=<'^^u'-'cu, may, instead ot taking the same, solemnly affirm in manner used in their religion ; and such affirmations shall have the like effect, and render the parties taking them liable to the like penalties, if false, as attach to oaths. Justices to ad- minister oaths. PREL. TITLE.] CONSTRUCTION OP STATUTES. 5 16. When bonds are required to be given by a public Qgj^p^ i. ofEcer, they shall be taken in Her Maiesty's name when ^ , ' ' . , V ■'.,.. , J J Bonds of pnblic not otherwise directed. officers. 17. Sureties to any such bond may at any time give to withdrawal oi the Provincial Secretary notice of their desire to withdraw sureties. • from liability thereunder, and in such case the liability of the sureties for any act committed or dereliction of duty after the expiration of three months from the receipt of such notice shall cease. Principals shall in such cases be required to furnish new security, in the same manner as if bonds had not been previously executed. 18. All officers now appointed or hereafter to be ap- officers appoint- pointed by the Governor, whether by commission or other- ^^^^'^"^^ •*'**" wise, shall remain in office during pleasure only, unless otherwise expressed in their commissions or appointments. TITLE I.] OF THE LEGISLATURE. 7 Ghap. 2, PART I. OF THE GOVERNMENT AND ITS ADMINISTRATION, AND THE SOCIAL ECONOMY OF THE PROVINCE. TITLE I. OF THE LEGISLATURE. CHAPTER 2. OP LEGISLATIVE CGUNCILLOES. 1. The appointment of members of the Legislative Appointment of Council of the Province of Nova Scotia shall be vested in '^fi^a*'™ ™™' the Lieutenant-Governor, who ?hall make such appoint- ments in the Queen's name, by instrument under the Great Seal of the Province. 2. Any member of the Legislative Council, who shall Absence shaii be absent from his place therein, for two sessions consecu-™'^'®^®^'' lively, without the consent of the Lieutenant-Governor, shall vacate iis seat as such Councillor. CHAPTER 3. OF EXECUTIVE AND LEGISLATIVE DISABILITIES. 1. No person shall be capable of being appointed to, or Persons incapa- of sittjkig or voting in, the Legislative Council of this TOtta/''n'"fgiT- Province, or of being elected to, or of sitting or voting in, house 'of'^im- the House of Assembly, who' shall at the time of such wy. appointment to the Legislative Council, or at the time of his being nominated a candidate at such election, hold under the Government of this Province, or of the Dominion of Canada, any one of the following offices, that is to say : Judge of the Supreme Court, Judge of the Court of Vice Admiralty, Judge of Probate or Registrar of Probate, 8 EXECUTIVE AND LEGISLATIVE DISABILITIES. [PABT I. Chap. 3. Postmaster General, Postmaster or Deputy Postmaster— not to include way office keeper, Deputy Surveyor of Crown Lands, Queen's Printer, Registrar of Deeds, Prothonotary, Gold Commissioner or deputy gold commissioner, Officer or cjerk of the Customs, or of colonial or light duties, or person concerned in the receiving or managing of any moaeys to be collected under any of such depart- ments. Commissioner or manager of government railroads. Any person employed by the Dominion Government or under the same, in receiving or collecting any part of the revenue, or in guarding, protecting, or securing the same. Any person acting for, or on behalf of the Dominion Government, or of any departmental officer thereof, in the capacity of agent, subordinate or official represen- tative. Medical superintendent of the Provincial Hospital for the Insane, Supervisor of great roads, Railroad contractor, Memberaaccept^ 2. Any member of the Legislative Council, or of the >°g. o^™<»te House of Assembly, accepting any one of such offices after his appointment or nomination shall vacate his seat thereby. Appointment, 3. The appointment, nomination, election, or return, of election, &c., persous disabled as herein mentioned, shall be void; and every person so disabled who shall sit or vote as a member of the Legislative Council or of the House of Assembly, shall forfeit four hundred dollars for every day he shall so sit or vote, to be recovered in the Supreme Court. Seat of depart- 4. When any person holding the office of Provin- "ot°ra4to™by cial Secretary, Attorney General, Treasurer, Commissioner resignation if he of Public Works and Mines, or Commissioner of Crown accept another tj ji* j.ai • i ni t-r oflsce within a liands, and being at the same time a member of the House month. q£ Assembly, shall resign his office, and within one month after his resignation accept of any other of such offices, he shall not thereby vacate his seat in such assembly. Membersof Ben- 5. No pcrsou being a member of the Senate or House of ^mmo^Tneu- Commous of Canada shall be capable of being appointed to twi^'on^fa^i ^"^ °t" sitting or voting in the Legislative Council of this Honseof Assem- Provinco, or of being elected to or of sitting or voting in ^' the House of Assembly thereof: and if any person, being a member of the Legislative Council or of the House of Assembly of this Province, shall accept a seat in the Senate, or be elected as a member of the House of Com- mons of Canada, his seat in the Legislative Council or House of Assembly, as the case may be, shall thereby be vacated. TITLE I.^ GENERAL ASSEMBLY. 9 6. No person referred to in the first section of this Chap. i. Chapter shall be deemed eligible to or qualified to sit in Effect of reei; either branch of the legislature of this Province, unless he "*''™ <>* ""S"^ shall have resigned his oflSce or employment before the day of nomination or of his appointment to a seat in the Legis- lative Council and signified in writing such resignation to the Provincial Secretary. 7. Nothing in this Chapter shall be held to apply to or Exceptions. in an}' manner affect any departmental officer in the Pro- vincial Government, or any surveyor of shipping, fishery warden, officer of militia, person employed in taking the census, or any person acting in the capacity of Queen's Counsel or Justice of the Peace. CHAPTER 4. OP THE DURATION OP AND REPRESENTATION IN THE GENERAL ASSEMBLY., 1. No General Assembly shall determine merely in con- Duration of as- /. , 1 1 . « 1 . , sembly not af- sequence oi the demise of her majesty. feoted by death 2. The General Assembly shall continue for four years "' '^''een. f, ,1 ... J* r L* J L tl J.^ • • p Duration of As- from the expiration of forty days next after the issuing of semWy. writs for any general election, unless sooner dissolved, and no longer. 3. The House of Asembly shall be composed of thirty- composition^ of eight members, of whom three shall be elected by thewy?^'^'' ^^"^' County of Halifax, three by the County of Pictou, and two by each of the other Counties. 4. The boundaries of counties and polling districts shall Boundaries of - , , , 1 1 • 1 1 counties, &c. be the same as now established. CHAPTER 5. OP THE PREVENTION OP CORRUPT PRACTICES AT ELECTIONS. 1. No person shall recover from a candidate or his Expenses for en- agents for entertainment furnished at the request of any no't r°e™orerabte of them to other persons at an election ; and if, upon trial, ^''^^^fgent^ it shall appear that any part of the plaintiff's claim is for entertainment so furnished, he shall be non-suited. 10 CORRUPT PRACTICES AT ELECTIONS. [PART I. Ch-ap. 5. 2. If a candidate during an election shall furnish, or Penalty for can- willlDgly permit to be furnished, to an elector or person diaatefurnish- claiming to be an elector, any intoxicating liquors, he shall uqui^s?"""""^ forfeit four hundred dollars. Persons deemed 3. The following persons shall be deemed guilty of gaiityofbribery. ^jribery, and shall be punishable accordingly :— Any person giv- I. Evory pcrsou who shall directly or indirectly, by &f' moS'^'"or himself or by any other person on his behalf, give or lend, valuable consid- or agree to givc or lend, or shall offer, promise, or promise o™St°her*p™son to procure, or to endeavour to procure, any money or valu- tovXTrefmin able Consideration, to or for any voter, or to or for any fromviting. persoH ou behalf of any voter, or to or for any other person in order to induce any voter to vote, or refrain from voting, or shall corruptly do any such act as aforesaid on account of such voter having voted or refrained from voting at any election. Any person giv- 11. Every porson who shall directly or indirectly, by S?:oKrlm: himself or by any other person on his behalf, give or '"'"^"othef ™- procure, or agree to give or procure, or offer, promise, or son, to induce promiso to procurc, or to endeavour to procure, any office, retZntrlTwo- place Or employment, to or for any voter, or to or for any tmg. person on behalf of any voter, or to or for any other person, in order to induce such voter to vote or refrain from voting, or shall corruptly do any such act as aforesaid on account of any voter having voted or refrained from voting at any election. Any person ma- III. Every pcrson who shall directly or indirectly, by oaeLte/to^ny himself or by any other person on his behalf, make any hi'm'to"^?oeure ^'^^^ S^^^i loau, offor, promise, procurement, or agreement return of candi- as aforesaid, to or for any person, in order to induce such date, or vote, person to procure or endeavour to procure, the return of any person to serve in General Assembly, or the vote of any voter at any election. Person ^romi- ^^' Every persoD who shall, upon or in consequence of sing to pTO?"f'e any such gift, loan, offer, promise, procurement, or agree- oonsequence of ment, procurs or engage, promise or endeavor to procure, gift, &c. ^YiQ return of any pei'son to serve in General Assembly, or the vote of any voter at any election. Person advan- ^- Every pcrson whd shall advance or pay, or cause cing or repaying to bo paid, any mouey to or to the use of any other person, OT™lkeady"ex- with the intent that such money, or any part thereof, shall pended in bn- y^^ expended in bribery at any election ; or who shall knowingly pay, or cause to be paid, any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election. Penalty. And any person so offending shall be liable to forfeit the sum of four hundred dollars to any person who shall sue for the same, together with full costs of suit ^ provided always, that the foregoing enactment TITLE I.] COEEUPT PEACTICES AT ELECTIONS. 11 shall not extend, or be construed to extend, to any Chap, 5. money paid or agreed to be paid for or on account of proviso. any legal expenses bona fide incurred at or concerning any election. 4. The following persons shall also be deemed guilty of other persons bribery, and shall be punishable accordingly : _ suaty. I. Every voter who shall, before or during any election, voter receiving directly or indirectly, by himself or by any other person ora^eemgto on his behalf, receive, agree, or contract for, any money, &o., for voting or gift, loan, or valuable consideration, office, place, or employ- vote!™"^'" ment, for himself, or for any other person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting at any election. II. Every person who shall, after an election, directly pg^son^fter or indirectly, by himself or by any other person on his election receiv- ,11/. ■'.'•' 1,1 -J i- ing money, &c., bebali, receive any money or valuable consideration on on account of account of any person having voted or refrained from ^ote^^rS^fin- voting, or having induced any other person to vote or *■* ''■°™ voting. refrain from voting at any election. And any person so offending shall be liable to forfeit Penalty. the sum of forty dollars to any person who sball sue for the same, together with costs of suit. 5. Every person who shall, directly or indirectly, by Penalty for himself or by any other person on his behalf, make use of, "SidatSI^OT or threaten to make use of, any force, violence, or restraint, ^0*^^?''°*^*''' or inflict, or threaten the infliction, by himself or by or through any other person of, any injury, damage, harm, or loss, or in any other manner practice intimidation upon or against any person, in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting at any elec- tion ; or who shall by abduction, duress, or any fraudulent device or contrivance, impede, prevent, or otherwise inter- fere with the free exercise of the franchise of any voter, or shall thereby compel, induce, or prevail upon, any voter, either to give or refrain from giving his vote at any elec- tion ; shall be deemed to have committed the offence of undue influence, and shall be liable to forfeit the sum of two hundred dollars to any person who shall sue for the same, together with costs of suit, 6. The pecuniary penalties hereby imposed for the Penaities-how offences of bribery or undue influence, respectively, shall "™™''"'- be recoverable by action or suit in the Supreme Court by any person who shall sue for the same. 7. It shall be lawful for the Court, in any case of court may order prosecution for any offence against the provisions of this ^^o^l^i!^ Chapter, to order payment to the prosecutor of such costs and expenses as to the Court shall appear to have been reasonably incurred in and about the conduct of such prosecution. 12 CORRUPT PRACTICES AT ELECTIONS: [PART f.- Chap. 5. 8. In case of any indictment or information by a Defendant enti- private prosecutof for any offence against the provisions inu*dgmlnt°ta °^ *^'^ Cliapter, if judgcaent shall be given for the defen- his favor. daut, he shall be entitled to recover from the prosecutor the costs, to be t^xed By the Court, sustained by the defendant by reason of sitch indictment or information, prosecutor must 9. It shall not be lawful for the Court to order payment Snoe!°or"i^?t of the costs of a prosecutiou for any offence against the cos™.''"^'^'" provisions of this Chapter unless the prosecutor shall, before or upon the finding of the indictment or the granting of the information, enter into a recognizance with two suflScient sureties in the sum of five hundred dollars, with the conditions following, that is to say, that the prosecutor shall conduct the prosecution with effect, and shall pay to the defendant, in case he shall be acquitted, his costs. Limitation of ao- 10. No pcfsou shall be liable to any penalty or forfeit- *"'°^" tire hereby enacted or imposed, unless some prosecution, action, or suit, for the offence committed shall be com- menced against such person within the space of six months next after such offence shall be committed, and unless such person shall be summoned or otherwise served with writ or process within the same space of time, so as such stimmofls or service of writ or process shall not be pre- vented by such person absconding or concealing him- self, or withdrawing from the province; and in case of any such prosecution, suit, or process as aforesaid, the same shall be proceeded with and carried on without any wilful delay. dI?^gnitt?of" ^^' ^^ ^°^ candidate returned at an election for any bribery, &o., ya- county shall be declared by the report of any election "'*'<'• committee guilty, by himself or his agents, of bribery or undue influence at such election, the seat of such can- didate shall, by such report, be forthwith vacated. Form of action. 12. In au actiou for recovery of a forfeiture under this Chapter it shall suffice for the plaintiff to declare that the defendant is indebted to him in the amount of the forfeit- ure, and to allege the particular offence for which the action IS brought, and that the defendant hath acted therein, contrary to this Chapter, without mentioning the writ for holding the election or the return thereof Titieof Chapter. 13. j^ eiting this Chapter it shall be sufficient to use the Meaning of ^^^f' mf' '' ^u° °°''™,^* practices prevention Chapter." ^Xic?' 14. Throughout this Chapter, in the construction thereof, except there be something in the subiect of context repugnant to such construction, the word election shall mean the election- of any member or members to serve in the assembly; the word "voter" shall mean any person who has or claims to have a right ta vote in the election of a member or members to serv© in tha TITLE I.] CONTROVERTED ELECTIONS. 13 assembly ; and the words " candidate at an election," Chap. 6. shall include all persons elected as members to serve in ' the assembly at such election, and all persons nominated as candidates, or who shall have declared themselves candidates at or before such election. CHAPTER 6. OP CONTROVERTED ELECTIONS. 1. When a petition complaining of an undue election, proogedings on or return of a member to serve in the House of Assembly, petition against shall be presented to the house, a day and hour shall be ^''®"™' appointed by the house for taking the same into considera- tion, and notice in writing shall be forthwith given by the Speaker to the petitioner and the sitting member, or their agents, accompanied with an order to them to attend the house at the time appointed, by themselves, their counsel, or agents; and, if at the time appointed none of the petition- ers shall appear, either personally, or by counsel or agent, the order for taking the petition into consideration shall ba discharged, and the petition shall not be further proceeded with. No such petition shall be received after fourteen days shall have elapsed from the time that, the member whose return is complained of shall have taken his seat. 2. No proceeding shall be had on a petition unless at Bond required. or before the time appointed for the consideration thereof at least one of the petitioners shall enter into a bond to Her Majesty, with sureties, in the sura- of eight hundredidollars, for the payment of the costs and expenses that may become payable by the petitioners, under any report of committee on the petition ; the bond, in case of non-payment, to b© put in suit for the benefit of the parties entitled to the costs and expenses. 3. If before the day appointed for considering the proceedings on petition the member whose return is complained of shall ^,0®'"°'*®'* "*'' die, or accept the office of Legislative Councillor, or declare under his hand his intention 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 freeholders of the county for which the member was" returned may, if they think fit, petition the house to be 14 CONTEOVEETED ELECTIONS. [PAET I. Chap. 6. admitted as parties in the room of the member ; and they shall thereupon be so admitted as parties, and stand, as respects the controversy, in the place of the sitting member. Proceedings at 4. At the time appointed for considering the petition, sidering the*^." and previous to reading the order of the day therefor, the tition. Speaker shall direct the Sergeant-at-Arms to go to the places adjacent and require the immediate attendance of members on the business of the house ; and after his return the house shall be counted, and if there are less than twenty- four members present the order shall be adjourned to a particular hour on the following day, when the house shall proceed in the same manner ; and so, from day to day, until there shall be in attendance twenty-four members at the reading of the order. Committee- 5. When tweuty-four members shall be present, the rawn. petitioners, their counsel or agents, and the counsel or agents of the sitting member, shall be ordered to attend at the bar; and then the door of the house shall be locked, and no member shall be suffered to enter into or depart from the house until the drawing shall be completed. The order of the day shall then be read, and the names of the members written on distinct pieces of paper, and, as nearly as may be, of equal size, and rolled up in the same manner, shall be equally divided, and put into two several boxes placed on the table, and shall be shaken together, and the Clerk shall publicly draw out of the boxes alternately the pieces of paper and deliver them to the Speaker to be read to the house, until fifteen names of members then present are drawn. ■js^amesof certain 6. If the name of a member who shall have voted at asiS. ^^ °* the election complained of, or against whose return a petition shall be depending shall be drawn, it shall be set aside. Members how 7. If a member drawn shall verify, on oath, an excuse, and when ex- ^jjg gubstauce 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 resolve that the member is unable to serve, or cannot, without great detriment, serve on the committee, he shall be excused therefrom. iianbers serv- 8. If the name of a member then serving on one elec- iUfttS^ral^. tion committee be drawn, he shall be excused from serving on a second. ~^^jen members 9. When members are set aside or excused, others shall names to'te*' be drawu in their place, who may in like manner be set ^^- aside or excused and others drawn in their place, until the whole number of fifteen members not liable to be set aside or excused shall be complete. TITLE I.] CONTROVERTED ELECTIONS. 15 10. When the drawing shall be completed the door of Chap. 6. the house shall be unlocked, and lists of the fifteen mem- committee how bars shall be given to each party, and they shall imme- st^okjto be diately retire with the Clerk or Clerk Assistant, and each jrame'd. party, his counsel or agent, beginning on the part of the petitioners, shall alternately strike ofif 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 deliver into the house the names of the seven members then remaining: and such 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 ; alid the house shall by order diroct them to meet at a certain time, and the place of their meeting shall be in a com- mittee room'of the house, and they shall sit every day, aud shall not adjourn for more than a day without leave of the house, upon special cause, assigned. 11. If at the time appointed for considering the petition, committee how the sitting member shall not appear by himself, or his gfruok fn unV counsel or agent, the committee shall be appointed as fol- fended cases. lows: the names of fifteen members' shall be drawn in manner hereinbefore prescribed, but in reducing the lists the Clerk or Clerk 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 bis right of striking ofl' names. 12. The committee shall, on meeting, select a chairman, chairman how and if in the selection, the voices are equal, the member selected. whose name was first drawn in the house shall have an additional casting vote ; and the same course shall be pur- sued if. necessary, to elect a new chairman, on the death or necessary a.bsence of the previous chairman. 13. The committee shall have power to send for persons powersandduty and papers, and shall examine witnesses on oath, and shall °^ <»™™'ttee. consider evidence and proceedings duly had on a scrutiny, and referred to them by the house, and may admit addi- tional 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 whether the election 18 void, or whether a new writ ought to issue ; and their determination shall be final; and the house on being informed thereof by the chairman of the committee, shall order the same to be entered on the journals, and give the necessary directions for carrying the determination of the cbmmitteQ into execution. 16 CONTROVEETED ELECTIONS. [PART I. Chap. 6. 14. If the committee shall come to any resolution other „ ' ' „^ than the determination above mentioned, they may report Committee may ^ , i ' • • jjTii report specially, the sams to the house for their opinion ; and trie house may confirm or disagree with the resolution, and make such order thereon as they may think proper. Committee man 15. No member of the committee shall absent himself absenting him- ti^grcfrom without Icave of the house ; and the chairman shall report the name of a member so absenting himself, who shall, for his neglect, be punished or censured at the discretion of the house ; and the committee shall never proceed unless five members are present. Where commit- 16. If the members of the committee shall be unavoid- testl^^nflve.'^a'hly reduced to less than five, and shall so continue for three days, the committee shall be dissolved, and another chosen in like manner ; but the evidence already taken shall be considered by the new committee. Disobedience to 17. If persous summoDed by the committee shall disobey mSSSIe?' fhe summons, or if witnesses before the committee shall prevaricate or 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. Their power and 18. ^Slicn the committco shall think it necessary to Sin'^Ss^.""*'^ delibeime among themselves, they may, after hearing the evidence and counsel on both sides, direct the room to be cleared. A majority of 19. Dccisions of the committee shall be made by a voices shall de- ' -l r • j •/■ j.i • i i • i t ^i cide. majority oi voices ; and it the voices be equal, including the chairman, he shall have an additional casting vote. Oaths how ad- 20. The oaths by this Chapter directed to be taken in mmistered. ^j^^ bouso shall be administered by the Clerk or Assistant, and those before the committee by the chairman. Effect of proro- 21. If the General Assembly shall be prorogued while a fpra^ttee su- * Committee shall be sitting, the committee shall not be *'"s- dissolved, but shall be thereby adjourned to twelve o'clock on the fourth day following that on which the assembly shall meet again in session ; and the former proceedings of the committee shall remain in force, and the committee shall meet at the time to which it shall be so adjourned, and continue to act as if there had been no prorogation. Committee to 22. The Committee, when they report their final deter- petiSon MvS-^'" minatiouto the house, shall also report whether the petition did or did not appear to them frivolous or vexatious, and also whether the opposition thereto did or did not appear to them frivolous or vexatious ; and such report shall be signed by the majority concurring therein. If apetition re- 23. When a petition shall be reported frivolous or vexa- ex^nsjs recov- tious, the sitting member shall be entitled to recover from ^"'^^ the petitioners, or any of them, the expenses of opposing the same. ous, TITLE I.] CONTROVERTED ELECTIONS. 17 24. When the opposition to a petition shall be reported Chap. 6. frivolous or vexatious, the petitioners shall be entitled to if „ osmo„ ^ recover from the sitting member the expenses of prose- ported mvoIous. outing such petition. 25. The expenses of prosecuting or opposing a petition Expenses how shall include witnesses' fees as well as other costs and "'™'*' expenses, and shall be ascertained as follows : the Speaker, on application, shall direct them to be taxed by the Clerk of the ho'Use and a master of the Supreme Court, who shall tax the same and report the amount to the Speaker, who, on the approval by the house thereof, or of such part thereof as the house may allow, shall, on application, deliver to the parties a certificate under his hand, expressing the amount of the expenses allowed ; and the persons appointed to tax the expenses and report the amount shall be entitled to such fees, to be paid by the parties for whom the bill is taxed, and included therein, as may be fixed by resolution of the house. 26. The parties entitled to expenses, or their represen- Expenses how tatives, may demand the amount certified from any of the ''®''°™'^^^- persons liable therefori and on non-payment may recover the same by action of debt in the Supreme Court, wherein it shall be sufficient for the plaintiffs to declare that the defendants are indebted to them in the amount certified by virtue of this Chapter ; and the certificate signed by the Speaker shall have the eff'ect of a warrant to confess judgment, and the Court shall, on motion, and the production of the certificate, enter judgment for the plaintiffs for the amount specified in the certificate in the like manner as if the defendants had signed a warrant to confess judgment in the action for that amount. 27. Where the expenses shall have been recovered from a party paying 1 • Ti i' ii may recover a any person, he may recover in like manner irom others, rateable oontri- liable to the payment of the same expenses, a proportion- '""""'• able share thereof, according to the number liable. 28. The words "sitting member,'' when used in this Explanation ot Chapter, shall also comprehend parties admitted to oppose SembCT.^^"*'"® a petition. 29. The Provincial Secretary shall not hereafter serve Prov. secretary on an election committee ; and if any other member of the '"^^'"p'- administration be drawn, he shall be excused on declarin? „ upon oath, to be administered by the Clerk or Assistant, of Government at the clerk's table, that his attendance on the committee ""'°®''*™'°'*' would be prejudicial to the public service, by interfering with his official duties, or his attendance at the council board. 18 Chap. T, OP VACATING SEATS. CHAPTER 7. [part u Seats how vaca^ ted. Offices which va- cate seats. Vacancies how supplied. Speaker's seat how vacated. OF VACATING SEATS. 1. Any member of the House of Assembly may by written notice to the Provincial Secretary, or Speaker of the House if in session, vacate his seat. 2. If any member shall accept of any of the following ofEces, his seat shall become vacant, but he may be re- elected ; that is to say, the offices of Attorney General, Provincial Secretary, Treasurer, Commissioner of Public Works and Mines, Commissioner of Crown Lands ; but, if any person holding either of the above offices and being at the same time a member of the House of Assembly shall resign his office and within one month after his resignation accept of the same or of any other of such offices, he shall not thereby vacate his seat in such Assembly. 3. Whenever a seat shall become vacant a writ shall be issued to supply the vacancy. 4. The Speaker may vacate his seat as Speaker and member, either by a declaration to thaj; effect in the house, if in session, or by written notice to the Provincial Secre- tary ; in which case a writ shall be issued to supply the vacancy. title it.] casual and territorial revenue. 19 Chap. 8. TITLE II. OF PROVINCIAL PROPERTY: ITS REGULATION AND MANAGEMENT. CHAPTER 8. OP THE CASUAL AND TERRITORIAL REVENUE. 1. The proceeds of all the casual and territorial rave- casaai and tem- nnes of the Crown in the Province, as hereafter designated, wSe'^par shall be paid into the Provincial Treasury. 2. The several casual and territorial revenues of the of what it oon- Crown, and the moneys and fuiids and other rights which ^'^'^' are placed at the disposal of the General Assembly for the use of the Province, under and by virtue of this Chapter, are declared to be — all rents, sums of money, returns, profits, and emoluments, arising, reserved, due, or owing in any manner whatsoever, which shall have heretofore accrued and shall be in hand, or shall bo hereafter to be received in respect of any lease, demise, sale, grant, transfer, or occupation of any of the crown lands, mines, minerals, or royalties of Her Majesty within the Province, whether in the island of Cape Breton or in any other part of the Province, of whatsoever nature or description ; and also all fees and payments and commutation therefor, at the office of the Provincial Secretary, received or pay- able, in respect of any writings, licenses, instruments, or commissions, there made or issued, and on which fees were heretofore payable to the Lieutenant Governor and Provincial Secretary ; and lastly, all fines, penalties, and forfeitures imposed under any law of the Province, and applicable for tho use of Her Majesty. 3. All the right and title of Her Majesty, whether in Transfer of reversion or otherwise, of, in, to, and out of all miaes, ^™^™'^''''°^' minerals, and oils whatsoever, within the Province, inclu- ding tho island of Cape Breton, and also all rents and profits arising therefrom, are assigned, transferred, and surren- dered, to the disposal of the General Assembly of this Province, subject only to the existing rights of the lessees, and persons entitled under existing Statutes, and of all persons claiming under them or any of them ; and shall be managed, leased, disposed of, made available, paid and applied in such 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. 20 CASUAL AND TEEEITOBIAL EEVENTTE. [PAET I. Chap. 8. 4, The General Assembly may provide for the managing, Management Collecting, and receiving of the revenues, and other mat- provided for. ters go surrendered and transferred, and for appointing proper officers for such revenues. Collection provi- 5. For the moro easy collection of such revenues, the dedfor. officers or persons charged therewith may in the name of Her Majesty, but to the use of the Province, take all such lawful ways and means, by information, suit or proceeding at law or in equity, as by or on behalf of Her Majesty, might be adopted in respect of such revenues, or any of the lands, mines, or royalties chargeable therewith, if the surrender, transfer, and assignment had never been made for the use of the Province. Proceeds of 6. Nothing ierein contained shall interfere with the whe^p'^bfe. grant, sale, lease, or disposal of any of the ungranted lands of the Crown in this Province, except only the mines and minerals hereinbefore specified, by or on behalf of Her Majesty ; but all such grants, sales, leases, or disposals of such ungranted lands, and the management, direction, or control thereof, shall remain in such officers as Her Majesty shall deem proper, or as may be directed by any law of this Province, and the nett proceeds onl}' of such grants, sales, leases, or disposals of such ungranted lands, after deducting the necessary expenses of managing the same, shall be paid into the Treasury of the Province ; but an account of such expenses shall be annually submitted to the General Assembly ; and the salary or allowance of the officers employed, and the expenses of the department, shall be subject to the control and regulation of the General Assembly, and no other or greater salary or allowance or expenses shall be taken than such as shall be allowed thereby. 7. This Chapter shall continue in operation until eighteen months after the demise of Her present Majesty (whom God long preserve), and thereafter everything herein contained, and the transfer, surrender, and assign- ment herein mentioned, shall cease and determine. TITLE II.] MINES AND MINERALS. 21 y^ />A^. 'I Chap. 9. r^ ^>*^ /7 CHAPTER 9. S/_/'A^«.VJr Qp MINES AND MINERALS. 1. The word " Mine '' in this Chapter shall mean any J^j^"'^'™^;^ locality in which any vein, stratum, or natural bed, of coal, chapter. or of metalliferous ore, or rock exists, or shall, or may be worked. The verb " to mine,'' in this Chapter shall include any mode or method of working whatsoever, whereby the ore, earth, or soil, or any rock, may be disturbed, removed, washed, sifted, smelted, refined, crushed, or otherwise dealt with, for the purpose of obtaining gold, coal, iron, copper, or any other ore, or metallic substance, and whether the same may have been previously disturbed or not. The term " Gold-bearing quartz " shall be held to mean all auriferous rock in situ,. " Alluvial mine " shall be held to mean gold-bearing earth or rock elsewhere than in situ. The terms '•' Commissioner'' and " Commissioner of Mines " shall be Jield to mean the Commissioner of Public Works and Mines, and the term " Deputy" or " Deputy Commissioner " shall be held to mean Deputy Commissioner of Mines, •' Lessee '' shall include and mean sub-lessee or any person deriving title to a mine through a lessee of the Crown, unless such interpretation is repugnant to the context or to the spirit of this Chapter. 2. The office of the Commissioner of Mines shall be ™^°fo°®^ opened at ten of the clock in the forenoon and closed at four of the clock in the afternoon, except on Saturdaj's, when it shall be closed at one of the clock in the afternoon ; ^ uoawonsat and all applications for licenses or leases shall be made other times void. during such office hours; and all such applications made at other times shall be void. 3. The Governor in Council shall continue to be ^°^'='?°''° authorized to select and appoint, when and as often as point commis- occasion may require, a suitable person to act as Commis- works aaf "'"'"' sioner of Public Works and Mines for the Province, and "°^" '""^."?p- 11 T-k /^ ■ • n -!«■• Tity Commission- suitable persons to act as Deputy Commissioners of Mines ers of Mines. in the several gold districts hereinafter provided for, and to define the limits of the jurisdictions of such Deputy Commissioners respectively ; and, by virtue of and during commissioner the continuance of such appointment, such Commissioners F'^ Deputies to of Public Works and Mines within the Province, and such ju™iel's°ta^Sr- Deputy Commissioners within the gold districts for which '°'™ '^^^' they are respectively appointed, shall exercise the powers of justices of the peace. Provided always, that no such Commissioner or Deputy shall act as a Justice of the Peace at any Court of General or Special Sessions or in any matter out of Session, except for the administering of oaths, the 22 MINES AND MINERALS. [PART I. Chap. 9. preservation of the peace, the prevention of crimes, the detection and commitment of offenders, and the carrying out of the provisions of this Chapter. Governor in 4_ The Govemor in Council is authorized to select and Council to ap- , -, t r. point Deputy appoint, whcn and as often as occasion may require, a pSSSw'oX"' suitable person to act as Deputy Commissioner of Public l°o^c™' *»■• Works and Mines for the Province, and to define the limits of his authority and jurisdiction ; and by virtue of and Such reputy to during the continuance of such appointment, such Deputy have powers of a Commissioner of Public Works and Mines shall within the Province exercise the powers of a Justice of the Peace in the same manner and with the same limitations as in the next preceding section contained as to the Commissioner. Governor in 5. The Govcrnor in Council is authorized to select and ^Sirin^to?" appoint, when and as often as occasion may require, a of Mines. suitable person to act as Inspector of Mines, who shall be a competent scientific, practical, mining engineer, whose Duty of inspeo- (juty it shall be to visit from time to time, as may be deemed necessarj', and inspect the various mines belong- ing to or under lease from the Crown, to ascertain if the laws, stipulations, and agreements relative to the working and management of such mines, and to the payment of rents and royalties accruing therefrom, are complied with j and if the same are being worked in a scientific, workman- like and effective manner, due regard being had both to maintaining the value of such mines and providing for the safety of, and protecting the persons employed therein, and any further duties that may be assigned to him under the provisions of this Chapter or of any other act of the Province now in force or hereafter to be passed by the Legislature ; and he shall from time to time report, in Salary. accordauce with the facts, to the Commissioner. The salary of the Inspector of Mines shall be fixed by the Governor in Council. Commissioner 6. The Commissioner of Public Works and Mines, the hofd?ffl^ceto-° Deputy Commissioner of Public Works and Mines, the "if^tonds*'""^ ■'^^P'^^y Commissioners of Mines and the Inspector of Mines, shall each hold office during pleasure, and shall give bonds for the faithful discharge of their duties in such sums as may be fixed by the Governor in Council, and shall not shau not be in- be directly or indirectly interested in any mine or mining Mines, &c. Operations, or in the proceeds or profits thereof, nor shall any of them act as the agent or attorney of any person interested therein, under a penalty of one thousand dollars for every offence, to be recovered in the Supreme Court. Deputies ineiigi- T- The Deputy Commissioner of Public Works and We to Assembly. Miucs, the Deputy Commissioners of Mines, and the Inspec- tor of Mines, shall be incapable of being elected to or of TITLE II.] MINES AND MINERALS. 23 sitting or voting in the House of Assembly ; and any or Chap. 9. either of them who shall so sit or vote shall forfeit two hundred dollars for every day on which he shall so sit or vote, to be recovered in the Supreme Court. None ofshaiitake no such oflicers shall take any part or use any influence ''"*'° ^^^'*'''"'- directly or indirectly in the election of any representative to sit in the Assembly, under a penalty of two hundred dollars for every such offence, to be recovered in the Supreme Court. OP GOLD MINES. 8. The Governor in Council, on being satisfied of the Governor in discovery of gold in any locality, may, by proclamation in prookim'^oid the Boyal Gazette of this Province, declare such locality to '^'^''■"'ts- be a gold district, and assign limits and boundaries to such district, and from time to time enlarge, contract, or other- wise alter such limits. 9. Quartz mines shall, so far as local peculiarities or Areas ot class ,, . , ' •, 1 1 • 1 f¥» • L numljer one, in other circumstances may permit, be laid on in areas or one quartz mines. hundred and fifty feet along a quartz lode, and two hundred and fifty feet across, which shall hereafter be known and described as Class Number One. 10. Areas shall be laid out, as far as possible, uniformly, ^f^^^ '""^ and in quadrilateral and rectangular shapes. Measure- snred. ments of areas shall be horizontal, and each area shall be bounded by lines vertical with the horizon. 11. Alluvial mines not under lease at the time of the AUuviai mines, passing of this Chapter, and alluvial mines under lease at such time, but which shall hereafter be surrendered by their lessees or become forfeited to the Crown, shall be laid out, as far as local peculiarities will, allow, as directed in the case of quartz mines, the courses of the respective boundary lines of such mines to be decided by the Com- missioner ; and the advance payments or rents and royalties shall be the same as those of quartz mines. 12. There shall be kept at the office of the Commissioner ^t^^'^f^ami"' a book of record for each proclaimed gold district, and one for all unproclaimed districts or places in which applica- tions for areas are made, wherein shall be entered all applications for areas, with the precise times of their being made, shewing the descriptions of the areas applied for, the amounts paid, the names of the applicants in full, with the names of the parties paying, the amounts of royalty received from the licensed mill owners, the names of the licensed mill owners, the amounts of royalty re- ceived from others than licensed mill owners, the names of the parties paying such royalty, the distinguish- ing numbers of the areas or the numbers of the leases 24 MINES ANl) MlifERALS. [PART I. Chap. 9. covering the areas from which the gold was obtained, id respect of which such royalty was paid : and each Deputy necords kept by shall keep a similar book of record for the gold district Deputies. ^^^^^ which he has jurisdiction, in which similar entries shall be made respecting such district ; and each Deputy Eeturns to Mines shall each wcck forward a return to the office of the- office. Commissioner, which return shall be a true transcript of the entries made in such book of record during the week previous to the making of such return, and shall then remit to the Commissioner the several sums so paid. Such books of record shall be open at all reasonable times to the inspection of all persons desiring to see the same. Plans ot gold 13. The Commissioner of Mines shall cause to be keptTn Mines prepared, and shall keep in his office, plans of all gold °*'^' districts, with the areas numbered thereon, and on which all areas applied for shall be distinctly designated by Duplicates kept numbers. Each Deputy shall prepare and keep a duplicate by Deputies, ^f ^jjg ^^^^ ^f ^jjg (jjgtrict Under his jurisdiction, on which all areas applied for in such district shall be distinctly designated ; and shall, in his weekly returns, report the distinguishing numbers of the areas applied for as indi- cated on such plan. ^r^s''^to°whom ^^' -^^^ appHcatious for areas shall be made to the made'. Deputy Commissioners for the districts in which the areas are situated, if there be Deputies for such districts ; and where there are no Deputies for such districts, or where the areas applied for are not within any proclaimed district, the applications shall be made to the Commissioner ; and no such applications shall be received for areas already applied for or iinder license or lease. howmade"^' ^^- Every application shall be in writing, defining the area or areas applied for, and shall be accompanied by a payment (except in the case of free claims under the provisions of this Chapter) of two dollars for each and every of such areas ; and the Commissioner of Mines or Deputy Commissioner, as the case may be, receiving such application, shall endorse thereon the precise time of such receipt. h^we°lecS ^^- ^^®''y '®^^® granted under the provisions of this Chapter shall be executed, on the part of the Crown, by the Commissioner of Public Works and Mines, under his hand and seal of office, and on the part of the lessee under his hand and seal, signed and affixed thereto by the lessee or his duly authorized attorney ; and, when a lease is exe- cuted by an attorney, the instrument conferring such power of executing shall be filed in the office of the Commissioner before such lease is executed by such attorney ; and such lease shall be in the form in Schedule TITLE n.] MINES AND MINERALS. 25 A, hereto annexed, and shall contain all the grants, Chap. 9. demises, reservations, covenants, promises, provisions, Form of leas s conditions and agreements mentioned or intended in, the by such Schedule; and shall be subject to, and contain or, reservation of, the rights of the owners of the soil, their heirs and assigns ; and such lessee, his executors, admin- istrators or assigns, where such lease is granted on private lands, shall, before making entry on such lands, obtain from the owners thereof permission to enter, either by special agreement or in accordance with the provisions of this Chapter. 17. When the holder of a lease of areas on private Assessment of lands cannot make an agreement with the owner thereof, of ^lute'be^^^ for leave to enter and for easement's, and for damage to tween land own- such lands, it shall be lawful for such holder to give notice lessee, to™°^ to the owner or tenant to appoint an arbitrator to act with another arbitrator named by the lessee of the areas, in order to award the amount of damages to which the owner or tenant shall be entitled, by reason of the opening and working of a mine in such lands : and if any lessee shall enter and work upon the land leased before he shall have agreed with the owner of the land, or have proceeded to have his damages appraised, in accordance with this section, the owner may complain to the Supreme Court, who shall investigate the complaint, and if the same is substantiated, shall declare the lease to be forfeited. 18. The notice mentioned in the last preceding section Notice of arw- shall, when practicable, be personally served on such served.' ^°^ owner, or his agent if known, or tenant ; and after reason- able efforts have been made to effect personal service, with- out success, then such notice shall be served, by leaving it at the last place of abode of the owner, agent, or tenant. Such notice shall be served, if the owner resides in the county in which the land is situate, ten days ; if out of the county and within the Province, twenty days, and if out of the Province, thirty days, before the expira- tion of the time limited in such notice. If the proprie- tor refuses or declines to appoint an arbitrator, or when, for any other reason, no arbitrator is appointed by the proprietor within the time limited therefor in the notice provided for by the next preceding section, the Custos of the county wherein the lands lie shall, on being satisfied by affidavit that such notice has come to the knowledge of such owner, agent, or tenant, or, that such owner, agent, or tenant wilfully evades the service of such notice or cannot be found, and that reasonable efforts have been made to effect such service, and that the notice was left at the last place of abode of such owner, agent, or tenant, appoint an arbitrator on his behalf. 26 MINES AND MINERALS. [PAET I. Chap, 9. 19- All arbitrators appointed under the authority of Mode ot asla- 1^'^ Chapter shall be sworn, before a Justice of the Peace, ing damages by to the impartial discharge of the duties assigned to them ; arbitratora. ^^^ ^^^^ ^^^^j forthwith proceed to estimate the reasonable damages which the owners and tenants of such lands, according to their several interests therein, shall sustain by reason of the opening of necessary shafts and other excavations, the construction of roads and drains, the erection of necessary works and buildings thereon, and of the occupation of so much thereof (to be determined by the Inspector of Mines in the event of any dispute arising in respect thereof) as the lessee may require for all pur- poses connected with the opening and working of a mine to the most advantage thereon. In estimating such damages, the arbitrators shall determine the value of the land irrespectively of any enhancement thereof from the existence of gold or other mineral ores or metallic sub- stances therein. In case such arbitrators cannot agree, they may select a third arbitrator ; and when the two arbitrators cannot agree upon a third arbitrator, the Custos of the county in which the lands lie shall select such third arbitrator. The award of any two of such arbitrators made in writing shall be final. Proceedings in 20. When the persou or persons entitled to such k1f^?'unrar- damages shall be unknown or uncertain, the lessee shall, ^'ershS'?? '^'^ ^^y advertisement published in the Eoyal Oazette at lands. Halifax, and in a newspaper (if any) published in the county where the lands lie, for at least thirty days, in which the lands shall be particularly described, call upon all persons having a right to such damages to appear before the Custos of the county in which such lands lie on or before a certain day therein named, to be not less than thirty days after the first publication of such advertise- ment, to appoint an arbitrator ; and if an arbitrator is not so appointed on or before such day, the Custos and lessee shall each appoint an arbitrator, and all further proceed- ings shall be in accordance with the provisions of this Chapter; and the Custos shall receive all moneys awarded in such case, and pay the same over to the County Treasurer ; and when the right to the ownership of the land shall be in dispute, the payment for damages awarded shall in like manner be made to the Custos, who shall pay the same to the County Treasurer. Party paying 21. Payment of such damages, by the party liable ^ar^^tfur- thercfor, to the persons designated by the award as entitled theruabie. thereto, or, if the award snail not designate the persons entitled, to such persons as, in the absence of any dispute, shall be ostensibly entitled thereto, shall exonerate the party making payment ; but any persons subsequently TITLE II.] MINES AND MINERALS. 27 claiming to have been entitled to the damages so paid, may Chap. 9, prosecute their claims by action for money had and received against the persons to whom the payment shall have been made. 22. In case of disputed or unknown title, the Supreme Disputed and Court, or a Judge thereof, on application of the claimant, ™ttiedby bu-'^' shall order the damages paid to the County Treasurer to p'''*™« court. be paid to the persons who, on due investigation by such Court or Judge, shall have established their right thereto ; but no order shall be made until it shall be shown that notice has been given suiBcient, in the judgment of the Court or Judge, to protect the rights of all persons who may be, or who may claim to be, interested. 23. The lessee, or licensee, shall not be implicated in lesseeorucensee controversies between persons contesting title to the °° ™^ "" 24. In no case in which the award shall find the amount ^^3™;°"°', of damages with sufficient certainty, shall such award be tam it shaii not set aside, because the persons entitled to damages are not'"^ set aside. designated by name, or sufficiently designated, or by reason of irregularity as to the persons entitled, or of any matter of form ; but the Supreme Court or Judge shall rectify any error, or informality, or shall adopt such proceedings as may be necessary for determining to whom the damages may be paid, or for otherwise carrying into effect the provisions and intent of this Chapter. 25. The parties obtaining licenses and leases under Licensee or les- this Chapter, and those deriving title under them, shall be damages arising answerable for damages that may ensue from the falling in *™'" ^°''''^' of land, or for other injury which may be sustained by the owners or tenants of such lands subsequent to the agreement for, or award of, damages required by the fore- going sections, by reason of the works of the parties obtaining licenses or leases, or of those under them, or deriving title from or through them. 26. All leases shall be for the term of twenty-one Term [ot leases, years ; but the holder of any such lease may, at any time, surrender the same by notice in writing, signed by him, and filed, together with his counterpart of lease, in the office of the Commissioner ; but nothing herein contained shall be construed to discharge him from liability in respect of any covenants in the lease, for or in respect of any act, matter or thing, for which, at the date of such surrender, he was liable under the terms of such lease. 27. Such leases may be forfeited on failure to pay the f^^'^°'^ ^°'' stipulated royalties— other than those arising from quartz crushed at a licensed mill — or to keep employed annually on the demised premises the number of days' labor herein- after specified, or to comply with any other of the provisions and stipulations in the leases contained. 28 MINES AND MINERALS, , [PAET I. Chap. 9. 28. The holder of any such mining lease shall not use How lessee shall ^^J P^^* °^ ^^^ lands SO demised for any other purposes usedemised whatsoever, except such as shall be necessary for making roads, opening drains, erecting necessary works, buildings, and all other purposes connected with the opening and working such mines to the most advantage ; and all neces- sary ways and watercourses over the demised premises, whether expressly reserved in such lease or not, shall be considered as reserved to the Crown, and in respect to the making, alteration, and use thereof, shall be subject to sueh orders and regulations as the Governor in Council may, from time to time, consider expedient ; and all licensees and lessees and other persons employed about the mines on such' demised premises, shall use the lands in such manner as will be least injurious to the owners and occu- pants of such lands, or any other lands lying contiguous thereto. Amountof year- 29. There shall be employed each year on the demised nrngareas!" "'" premises a number of days' labor equivalent to one hun- dred days for every number one area comprised therein. The year for this purpose shall be computed from the first day of January, April, July or October, which shall first ensue after the date of the lease ; unless the lease shall be dated on one of such days, in which case the year shall be computed from the date of the lease : but any lessee hold- ing ten or more, but less than twenty areas of class roiTso. number one, in any gold district, will not be required, during the first year of his holding, to keep employed more than three-fourths of the number of days' labor above required to be performed per area ; in like manner, if holding twenty or more, but less than thirty of such areas in the same district, he shall be required to keep employed only one-half; and if holding thirty or more, only one- fourth the above required number of days' labor, during such first year. Mode of compn- 30. In Computing the number of days' labor employed drys'iaiwr.^"^ ° by any lessee, at the termination of any year, all or any of the leases which he at the time holds of mining areas in any one district, which leases shall not contain a total of more than one hundred areas, may, for this purpose, be tacked and considered as one lease ; and if it is ascer- tained that an amount of labor equal to the whole amount which he is required to have performed upon the whole of the said areas, has been actually expended upon any one or more of said areas, the law in this respect shall be held to have been complied with, although the lessee may not have employed upon the areas in each separate lease the number of days' labor required by the last preceding section. TITLE II.] MINES AND MINERALS. 29 31. Where a lessee shall have employed in any one Chap. 9. year a part only of the amount of labor required to be Partial forfeit- performed by him annually upon the premises demised to "'e of mining i . . •' T,.ii 1 Ai 11 areas, proceed' n:m in any one district, or under any one lease, tbe whole ings in case of. of the areas held by him in such district, or under such lease, shall not necessarily become forfeited therefor, but only a part ot such demised premises proportioned to the number of days' labor which such lessee has failed to perform, shall become forfeited ; and such lessee shall make selection of that part of the demised premises which he will retain. To avail himself of the provisions of this section, a lessee must make known his selection by notice in writing to tbe Commissioner within ten days after the termination of the year for the non-performance of labor during which a portion of the premises demised to him becomes forfeited ; and the areas selected by him to be retained shall, so far as possible, be in a compact block and not detached from each other, and no number one area shall be divided in making such selection. Should any one lease contain areas thus retained and also areas which are forfeited, such lease shall be surrendered by the lessee, who shall receive a now lease of the areas so retained. 32. When, from any cause whatever, a leased mine rorfeited mine shall become forfeited to tbe Crown, under the proceed- ™^'*'^ ""'™™' ings directed by the sixty-seventh section of this Chapter, all the right, title and interest which the holder of such forfeited lease had therein immediately previous to such forfeiture, shall, upon such forfeiture, become thereby vested in the Crown; but the lessee of any mine may, Proviso, during his lawful occupancy thereof, take down and remove any houses, buildings, machines, or other erections built or placed by him thereon, notwithstanding that the same may be considered in law as attached to the freehold. 38. Applications may be made for a lease of a mine Applications for upon lands not lying within any proclaimed gold district ; Itofin^pT"^'^ and in such case the rights of parties and the proceedings ^]|^^®^'^' to be taken with reference thereto, shall be governed, as far as possible, by the spirit and provisions of this Chapter. Parties occupying and staking off areas corresponding in size with those prescribed hereby, shall be entitled to priority in the order of their making application. Every such applicant shall be entitled to one week, and thereafter to twenty-four hours' time for making his application, for every fifteen miles distance of the mine applied for, from the office of the Commissioner at Halifax. In case the lands so applied for shall afterwards be included within any gold district, and laid off as hereinbefore prescribed, the rights of the occupants shall be respected so far as is consistent with the terms of this Chapter, on adjusting the boundary lines between the parties in occupation. 30' MINES AND MINERALS. [PART I. Chap. 9. ^^- ^"^ ^.ll cases where mining areas have, previous to „. . „ ' ' the first day of April, 1864, been leased, or have been Mming areas .-,, *' • or-«ii r^ • • » ii 'l leased before 1st occupied by Virtue of a (jrold (Jommissioner s authority, on April, 1864. pi-i^ate lands not subsequently revested in the Crown, and with respect to which no agreement has been made, nor was on the said first day of April being negotiated, for ssment of ^^"^1 damages between the lessee and the owner of the damages. goil, the.Commissioncr shall proceed to arrange with the owners of the soil for such damages, by mutual agreement, or arbitration, and to pay such damages, in the manner and form prescribed by the seventeenth and subsequent sections of this Chapter, for applicants for mining leases ; and in such cases the Commissioner shall occupy, so far as circum- stances will permit, the same position relative to the owners of the soil which, under the sections above referred to, would be held by an applicant for a mining lease on private lands, whose application is made after the passing of this Chapter. Prospecting li- 35. The Commissioner of Public Works and Mines may issue licenses to search for gold, to be called " Prospect- ing Licenses," which shall be subject to the rules pre- scribed by this Chapter. Shape and size 36. Any such liccnse may include any area not exceed- ar^s!'^''^°'"® ing one hundred acres in extent, so as the same shall be laid off in quadrilateral and rectangular figures, and shall not in length exceed double the breadth thereof. Durationpf u- 37. Such license shall be in force for any period not •^"^v^* exceeding(three)months from the date thereof. Applications tor 38. All applications for prospecting licenses shall accu- censed." '°^ rately define by metes and bounds the lands applied for, and shall be accompanied by a payment at the rate of fifty cents per acre for every acre up to ten acres in extent, and of twenty-five cents for every acre in addition to that extent. Bond to be given 39. Before such liccnse shall be granted the applicant yapp can . g^j^jj gutgr into a bond with two sureties to the satisfaction of the Commissioner, to recompense the proprietor of the soil, in the event of entry being made on private lauds, for damages done to his lands ; to make the returns at the expiration of the license and of the renewal, and to pay the royalties hereinafter required. Damages against 40. If the proprietor of private lands so entered upon sMsed^' '"'"''"' shall seek damages, he shall, before the end of three months after the expiration of the license, make his claim in writ- ing against the holder of such license, detailing the particulars and amount of claim ; and if the claim is not adjusted by agreement between the parties within one month after notice thereof as aforesaid, it may be settled by arbitration in accordance with the provisions of section censes. TITLE II.] MINES AND MINERALS. 3^J 17 and subsequent sections of this Chapter ; but in siich Chap. 9. case either of the parties may give the required notice to ~ — appoint an arbitrator, and the Custos of the county may appoint an arbitrator on behalf of either of such parties neglecting or refusing to make such appointment. 41. The holder of a prospecting license who shall have Renewal of ii- fulfilled all the terms and conditions thereof, shall be °'^°'*; entitled to a renewal thereof for a second period of (three )> ^^ ) ^^^^ »f- months, upon like terms and conditions, except that the /^ price of the same space shall be only half that paid on the previous application. 42. Within the period for which the license, or renewed Licensee mayse- license, is granted, the party holding the same shall be lease"^''^ entitled to select any area or areas, comprised therein of the size and form described in this Chapter ; and shall be entitled to a lease of the areas selected upon the terms imposed herein. 43. No lease, nor any prospecting license, shall author- lessee or ucen- ize entry upon any buildings, or the curtilage appertaining uporb,SdfS^! to any house, store, barn, or building, or upon any garden, e^'^'Jens. &«• orchard, or grounds, reserved for ornament, or under cultivation ty growing crops, and enclosed ; except with Exception. the consent of the occupier, or by license from the Gover- nor in Council, authorizing such entry, to be granted on special application, setting forth the circumstances under which the same is applied for, and on such terms as the case may require. 44. On all leases of gold mines and prospecting licenses Eoyaity. to search for gold, there shall be reserved a royalty of two per cent, upon the gross amount of gold mined. 45. Any miner or person building an efficient crusher Person buuding of not less than eight stamps, in a locality not less than ten f™m''royait"m miles from any other efficient crusher, shall be entitled to "«•■""" '^^^■ a lease of not more than ten number one mining areas, free from advance payment or royalty, for twenty-one years. Such lease shall contain all the conditions and stipulations of ordinary gold mining leases excepting stipulations for payment of royalty. 46. It shall not be lawful for any person to use or mius must te u- employ any mill or machinery (other than mills or machi- nery worked by hand) for the crushing or reduction of quartz, or the obtaining of the gold therefrom by crushing, stamping, amalgamating, or otherwise, without a license therefor first had and obtained. 47. Such license shall be signed by the Commissioner By commis- of Mines. 48. The words "Licensed Mills,'' when used in this licensed miiis, Chapter, shall signify mills and machinery so licensed, and "" the words " Licensed Mill Owner,'' the person or persons to whom such license shall be granted. 32 MINES AND MINERALS. [part I. Chap. 9. Bond to be given by mill wner. Licensed mill owners to keep books of ac- count. Mill owner to pay royalty. Mill owner not paying royalty liable to action. Mill owner to make monthly returns under oath, 49. Before any such license shall be granted the party applying therefor shall enter into a bond to Her Majesty in the penalty of two thousand dollars, to comply with the requirements of this Chapter in respect of licensed mill owners. 50. Every licensed mill owner shall keep on the demised premises a book or books of account to be supplied by the Commissioner of Mines, which shall at all times be open to the inspection and examination of the Commissioner of Mines, or the Deputy, or the Inspector of Mines, or any other person thereto authorized by the Commissioner of Mines ; in which book or books shall be entered a clear and distinct statement of all quartz crushed, amalgamated, or reduced at such licensed mill, and the following partic- ulars in respect of the same : I. The name of the owner or owners of each distinct parcel or lot of quartz crushed. II. The weight of each such parcel or lot. III. The date of the crushing of the same. IV. The actual yield in weight of gold from each such parcel or lot. V. The royalty thereon, calculated at two per cent. VI. The mine or area (so far as the same is known or can be ascertained) from which each such parcel or lot was raised. 51. Bach licensed mill owner shall pay or cause to be paid, in money, in weekly or other payments, as the Com- missioner of Mines shall order, to the Commissioner or to the Deputy Commissioner for the District, a royalty of two per cent, on the gross amount of gold obtained by amalgamation or otherwise in the mill of such licensed mill owner, at the rate of nineteen dollars an ounce troy for smelted gold, and eighteen dollars an ounce troy for unsmelted gold. 52. In case any licensed mill owner shall fail to pay such royalty in the mode or at the times prescribed by or in accordance with this Chapter he shall be liable to an action at the suit of the Commissioner of Mines as for money had and received to the use of such Commissioner ; and such action may be brought, according to the amount of the claim, in the same Court which would have juris- diction in case the amount claimed werei an ordinary private debt. 53. Every licensed mill owner shall file in the office of the Deputy Commissioner for the District on the first day of the month, or, if there be no Deputy Commissioner for the District, then in the office of the Commissioner of Mines, on or before the tenth day of each month, a return, being a copy of the entries in such book or books of TITLE 11.3 MINES AND MINERALS. 33 account, for the last preceding month,as prescribed by the Chap. 9, fiftieth section, which return shall be verified by the affidavit of the person principallj' employed in keeping such account, sworn before the Commissioner, Deputy Commissioner, or a Justice of the Peace ; and, on failure to make such return or to verify the same as aforesaid, the license of any mill owner may be revoked by the Commis- sioner of Mines, subject to appeal, as prescribed in section 56 of this Chapter. 54. Any owner or part owner of any mill or machinery Penalty for un- for the crushing or reduction of quartz or for the obtaining °™^° °" ^^' of gold thei-efrom (other than mills or machiner}' worked by hand) which shall be engaged, used or employed for the crushing or reduction of quartz, or the obtaining of gold therefrom, without a license therefor first had and obtained as prescribed by this Chapter, and any person engaged as agent, servant, workman, clerk, or otherwise, in any such mill, shall forfeit and pay the sum of four hundred dollars for each such ofi'ence; and for every day in which such ofience shall be committed, the same shall be considered a new ofi'ence. 55. When the account books prescribed by this Chap- Fraud, now pun- ter, or any of the accounts hereby required, shall be frau- ^^'"''''^• dulently or falsely kept, or the affidavits hereby prescribed, or any of them, shall be false or fraudulent, the license to the mill in respect of which the offence has been committed, may be revoked. 56. The Commissioner of Mines shall have authority to DeoLsionofOom- inquire into any such alleged fraud, and to revoke such S!"™"^ °°' license if satisfied that such fraud has been committed ; but his judgment shall be subject on appeal to the revision of a Judge at Chambers, who shall make such order in respect to the same as shall be agreeable to law and justice, and if he thinks fit may order any question of fact to be tried by a jury. 57. In addition to the forfeiture of license, any licensed Purther^penaity mill owner in respect of whose licensed mill such fraud shall have been committed, shall be liable for each offence to a penalty of not more than two thousand dollars, to be recovered in the Supreme Court, in the name of the Commissioner. 58. Every licensed mill owner who shall in all respects commission to have complied with this Chapter shall bo entitled to receive owner* ""' from the Commissioner of Mines, at the end or expiration of every three months from the date of his license, a sum equal to five per cent upon the amount paid over by him as royalty during such period ; but no such per centage Exception. shall be paid in the case of free leases. 3 34 MINES AND MINERALS. [PART I. Chap. 9. 59. A licensed mill owner may at any time surrender Mill license, how ^^^ Hcense by delivering the same into the office of the surrendered. Commissioner of Mines, with a written surrender endorsed thereon ; but no such surrender shall take effect till after the lapse of ten days from the filing, at the office of the Commissioner of Mines, of a notice in writing of the intention of such mill owner to surrender the same. Effect of surren- 60. Upon such a Surrender taking efi"ect as aforesaid, such mill shall cease to be a " Licensed Mill," until again licensed under the provisions of this Chapter. Construction of 61. The liccnscd mill owucr SO Surrendering his liceuse miu^ownera ^^^ j^j^ gm-p^jeg g^jg,]! remain liable under their bond for all obligations accruing thereunder up to the time when the surrender takes effect, as aforesaid, but shall not be liable for obligations accruing thereafter. Lessees of mines 62. Lessces of uiiues shall be bound to make to the ij^retuims"*' ''office of the Commissioner of Mines or to the Deputy Commissioner for the District, within ten days after the first days of January, April, July, and October in each year, true and correct returns to the best of their knowledge and belief, on forms to be supplied by the Commissioner of Mines, in which shall be comprised the following par- ticulars : I. The number of days' labor performed on the demised premises during the preceding quarter. II. The number of tons of quartz raiaed from the de- mised premises during the preceding quarter. III. The person or persons to whom the same has been sold, or disposed of, and the different lots or parcels in which the same has been sold or disposed of, with dates. IV. The weight of all quartz sent by him during the quarter to any licensed mill, and the name and description of the mill to which the same has been sent ; and when the same has been sent and kept in distinct parcels, the weight of each separate parcel. V. The yield of each separate parcel or lot, as returned and allotted by the mill owner, with the date of allotment. YI. The total quantity of gold obtained from the mine in any manner during the quarter, distinguishing that reault- .ng from the quartz crushed at licensed mills from the gold otherwise obtained. Such returns shall be verified by affidavits to be made beiore the Commissioner of Mines or one of the Deputies, or a Justice of the Peace. Lessee's liability 63. The lesscc of each mine shall be liable for royalty forroyaity. ^^^^ g^jj g^j^j obtained from his mine in any other way than from quartz crushed by licensed mills; but he shall be exempt from any claim in respect of gold obtained from TITLE II.] MINES AND MINEBALS. 35 quartz so crushed, the liability of the mill owner for such Chap. 9. royalty being substituted for that of the lessee. 64. When any parcel of quartz from a free mine shall Eoyaity repaid have been crushed at a licensed mill, the owner of the ^n™' °* '"'^^ quartz, on proof of the facts to the satisfaction of the Commissioner of Mines, shall be entitled to receive from the Commissioner of Mines the amount deducted by the licensed mill owner, and paid as royalty under the provi- sions of this Chapter. 65. In case any holder of a lease granted under this lessee not pay- Chapter shall fail to make payment of any royalty accru- Sf to action.''*" ing under the terms of section 63 within ten days after the time prescribed by this Chapter for making his return to the Commissioner of Mines or the Deputy Commissioner for the District, he shall be liable to an action at the suit of the Commissioner of Mines, as for money had and re- ceived to his use for the value of the royalty so accruing. 66. Such action may be brought, according to the i&mmeof oom- amount claimed, before the same court which would have ^^vate d^ebt/" jurisdiction in case the amount claimed were an ordina.ry private debt ; and on a change of Commissioner of Mines, actions prosecuted by him shall be continued and prosecu- ted by his successor in such manner as the court shall direct; and a Commissioner may prosecute in h-is own name, as for money had and received to his use, although the same shall have become due to a previous Commis- sioner. 67. In any case of liability to forfeiture of any gold Lessee to receive mining lease for non-compliance by the lessee with the tice of intended terms, stipulations, and conditions therein contained, or ^se!'""^ °^ by this Chapter required, the Deputy Commissioner for the District, or (if the leased premises are not within a proclaimed gold district, or are in a gold district where there is no Deputy Commissioner) the Commissioner of Mines shall cause a notice in the form in Schedule B to be personally served upon the lessee (or some or one of the lessees, where more than one are included in the lease) or bis agent or person principally employed on the premi- ses, or shall cause such notice to be posted upon the premises leased where no person can be found upon whom to make service thereof, informing him of such charge and appointing a time (not less than thirty days after the service or posting of such notice) and place for the inves- tigation of the same ; and a duplicate of such notice shall D«pUoate nc- also be posted up in the office of the Commissioner and ed,lndhow^*' another in tijat of the Deputy for the District, if any there '°°s.. be, for at least thirty days next previous to the time sa appointed; and such duplicate shall be kept so posted for at least thirty days after the investigation and decision of 36 MINES AND MINERALS. [PAET I. Chap. 9. the case, with the decision and the date of such decision briefly noted thereon. Proceedings an- 68. At the time and place appointed the Commissioner feUure"""'"' or Deputy who issued the notice shall proceed to investi- gate such case, and the service and posting of the notice shall be proved, either orally at the investigation, or by affidavit sworn before a Commissioner of the Supreme Court, Upon proof of such notice, and upon hearing the evidence relating to the case, which shall be taken in writing and signed by the witnesses, the Commissioner or Deputy, as the case may be, on being satisfied of the non-fulfilment of the conditions of the lease, or of the provisions of this Chapter, shall give judgment forfeiting the lease and Judgment of for- re-vesting the premises in the Crown: and such judgment feiture, form of. ghall be iu the form in schedule F, and shall be signed by the Commissioner or Deputy Commissioner who shall have heard the case. Deputy to tor- 69, In caso the judgment is given by a Deputy Com- &^!" commiB- missioner he shall in every case forward to the Commissioner sioier. of Miues the decision, with all papers connected there- with; and such Deputy Commissioner shall keep true copies of such papers in a book to be kept for that purpose. Appeal from 70. If withiu thirty days after the decision the lessee, ^?PV^g^ *^'*™' against whom the decision was made, or any person acting on his behalf, give notice to the Commissioner of Mines that he is aggrieved at the decision of the Deputy Com- missioner, and appeal against it, the Commissioner shall appoint a time and place for hearing such appeal, of which such lessee shall have reasonable and timely notice ; and at such time and place the Commissioner shall proceed to investigate the case anew and decide upon the whole facts thereof. Appeal from 71. Prom the judgment of the Commissioner of Mines, jSTT^how^*" either in the first instance or on appeal, the party interest- made.' ed may appeal to a Judge at Chambers, provided that notice of such appeal be given to the Commissioner of Mines, if in the first instance within thirty days, or on appeal within ten days from the date of his decision; provided also that the party appealing shall, on applying for such appeal, make and file with the Commissioner of Mines an affidavit that he is dissatisfied with such judgment, and that he verily believes the lease has not been forfeited, and that the conditions in respect of which the forfeiture has been declared have really and truly been performed and fulfilled, and shall within the time limited for appeal enter into a bond with two sufficient sureties in the penalty of fifty dollars, to enter and prosecute his appeal according to the provisions hereof, and pay all costs which may bo adjudged against him by the Court of Appeal. TITLE n.] HIKES AND MINERALS. 37 72. On such appeal being perfected the Commissioner Chap. 9. of Mines shall transmit to the Prothonotary at Halifax the Decision ot — notes of testimony taken before him; and the Judge at J^'^ge- Chambers shall confirm or set aside the judgment, or make such order thereon as is agreeable to justice and in con- formity with law. 73. If the Judge shall consider that the case involves He may refer ,. r , *-' , 1 n , I'll . f • ' questions of fact questions ot controverted fact on which he is oi opinion toajmy. that the verdict of a jury should pass, he may make an order for the trial of the questions of fact in the county where the land lies, in which case all the papers shall be transmitted to the Prothonotary of that county ; and the cause shall come on for trial in its place in the same way as ordinary appeals ordered to be tried by a jury. 74. Upon the finding of the jury on the facts, the Knai judgment. Judge shall pronounce judgment on the whole case. So "^^"^ °'' soon as judgment declaring forfeiture of the lease shall be given, either by a Deputy Commissioner without appeal, the Commissioner without appeal, or by the Court of Appeal when the Commissioner's judgment is appealed from, the lessee and all persons holding under him shall thereafter cease to have any interest in the mine leased, and a minute of the judgment declaring for- feiture shall be registered in the office of the Commis- sioner of Mines on the expiration of the time limited for appeal, in the same manner as prescribed by this Chapter for leases and transfers; and the leased premises shall then be open to be leased to any other applicant in the same way as if no lease thereof had ever passed ; and pending the proceedings between the delivery of the first judg- ment and any subsequent judgment on appeal therefrom, such leasee shall suspend all mining operations on the area alleged to be forfeited; otherwise he may, at the discretion of the Commissioner, be liable to be treated as a trespasser as hereinafter directed. 75. No applications for leases, or prospecting licenses ito applications for forfeited areas, shall be received until the time limited IrrasrSyed for appeal has expired, and all appeals are finally deter- ^^'^5;,*"^' j"^s- mined, and the judgment declaring forfeiture registered, as herein provided. 76. The Commissioner of Mines shall have power by Judgment of warrant, under his hand and seal, addressed to the Sheriff entoce™' or any constable of the county wherein the gold district lies, to cause any person unlawfully in possession of a mine so adjudged to be forfeited, to be removed from the possession and occupation thereof; and, upon receipt of such warrant, the Sheriff or constable to whom it is directed shall immediately execute the same. 77. Any person found mining in any lands belonging to fuSTomed'mrn- the Crown, or to a private proprietor, the minerals in ing. 38 MINES AND MINERALS. [part I. Chap. 9. Bach day a dis- tinct offence- Mode of prose- cuting for such mining. which belong to the Crown, or entering thereon for the purpose of mining, shall be liable to a penalty for eaich offence of not less than ten dollars nor more than fifty dollars ; bnt this section shall not extend to parties pros- pecting or searching for mines. 78. Parties violating the provisions of the preceding section shall be considered guilty of a distinct oifence for every day they shall unlawfully mine. 79. On complaint in writing made to any Justice of the Peace of the county in respect of such, unlawful mining or entry to mine, the Justice shall issue his warrant to apprehend the offender and bring him before the Justice to answer the complaint, — such Justice shall thereupoD forthwith enter upon the investigation of the complaint ; and, in case he shall find the party guilty, impose such fines or penalties as the party may have incurred under the provisions of this Chapter. In case the defendant requires time for the productioH of witnesses for the defence, the Justice shall adjourn the investigation for any period not exceeding six days, on being satisfied by affidavit that such time is required for that purpose ; and, in such case, the defendant shall be committed to gaol^ iinless he gives security to the satisfaction of the Justice to appear at the time and place appointed for such adjourned investigation. o 80. The decision of such Justice shall be subject to appeal, as in ordinary cases ; but before such appeal shall be allowed, the appellant shall give a bond, with sufficient sureties in double the amount of the penalty and costs, to appear in the Supreme Court and obey the judgment thereof, and pay such costs as the Court may award. 81. Gold in quartz or otherwise, unlawfully mined on the property of any lessee of the Crown, shall be con- sidered in law the personal property of the owner of the mine ; and a search warrant may be issued for the same by any Justice of the Peace for the county, in the same manner as for stolen goods ; and, upon the recovery of any gold under such warrant, the Justice shall make such order for the restoration thereof to the proper owner as be shall consider right. . « j: ■ .■ ^2. Nothing in this Chapter contained shall prevent tio- affect existing tt mt ' l j^ t • • .1 -. lemedieson part iler iVlajesty irom having or using any other remedy now *f Crown. available to recover possession of any mine forfeited from causes cognizable before the Commissioner of Mines, or from any other cause from which the same may be liable to forfeiture. "^^iSiToner's P.' ^"^ P^'"*^ aggrieved by a decision of the Corn- decision astoap-missioner of Mines respecting any application for a pros- -Se*'^"S!" pecting license, or a lease of a gold area, or a license to Appealfrom Jus- tice's decision. Gold unlawfully- mined shall be personal proper- ty of owner of mine. Howre- *coverable. 'Nothing herein TITLE II.] MINES AND MINEEALS. 39 search, or a license to work, of any area other than a gold Chap. 9. area, may appeal from such decision to the Supreme Court, at the next Term thereof, at Halifax. 84. Any party desiring to appeal from such decision Mannevand con- , ,, . •' ^. ■' . . P , ir o • • n , ■ ditionsofap- snall give notice in writing to the Commissioner oi his peai. intention to appeal within twenty days after such decision, or within twentydays after such decision being made known to the party dissatisfied therewith, but always within one j'ear from the date of such decision ; and shall make and file with such notice an affidavit, sworn to before a Com- missioner of the Suprenae Court, that he is dissatisfied with such judgment or decision, and that he verily believes he is entitled to the license applied for, and shall also set forth therein the grounds of his appeal, and shall within ten days thereafter enter into a bond with two sureties, in the penalty of two hundred dollars, to enter and prosecute his appeal, according to the provisions of this Chapter, and pay all costs which may be adjudged against him by the Court of Appeal; and thereupon the Commissioner shall file such notice and affidavit, together with all papers and documents connected with such appeal, with the Prothono- tar}' at Halifax, on or before the first day of such Term. 85. The provisions of the foregoing sections from 8 to seotions s to 84, 84, both included, shall apply exclusively to gold mines ; appV o°„\y to'*" except where any of such sections are expressly men- fio'iinM^s. tioned to apply to mines other than gold mines, or where Exceptions, the provisions of such sections are extended to mines other than gold by the subsequent sections of this Chapter. OP MINES OTHER THAN GOLD MINES. 86. The Ccimmissioner of Mines may upon application Licenses to grant licenses to search to be in force for one year from g^ntedf"'^ the date of application therefor, to enter upon any lands in this Province, not already under license or lease for mining purposes, and to dig and explore for such minerals, other than gold, as the Crown holds for the benefit of the Province ; a bond being first given to the Commissioner of Mines with sufficient sureties, to be approved by a Com- mittee of the Executive Council, that in the event of entry being made upon private lands, recompense shall be made for damages in the manner hereinafter provided. 87. No such application shall be valid unless accompa- Fee. died by a payment of twenty dollars; and the license to License not to search may cover any single tract of ground not exceeding fs^u^em£" five square miles in extent, but not more than two and a half miles in length. 40 MINES AND MINERALS. [PAHT 1. Chap. 9. 88. Upon such application and payment being made, Surrey and de- ^'^^ Commissioner of Mines, wiiere necessary, shall cause soription of the lands applied for to be surveyed and laid off, and a fall ' '^ description thereof shall be embodied in the license to search, but no such license shall authorize entry upon any lands which in accordance with section 43 of this Chapter are forbidden to be entered upon, except as in that section excepted. Survey, &c.. to 89. The cost of such survey shall be defrayed by the censee.who licensees or lessees, and the search for minerals under such co^:Jl.iis^s"ne^ liceuses shall be made free of all expense to the Govern- ment; and the holder of the license shall within the time that the same shall be in force, and with all convenient speed, make a full and correct report of the result of his exploration to the Conlmissioner of Mines. License, how re- 90. The Said liceuse to search may be renewed for a further period of twelve months, on application therefor to the Commissioner of Mines, setting forth the special circumstances of the case, not less than thirty days before the expiration thereof, and on payment of the further sum of twenty dollars; subject, however, to the approval of the Governor in Council, upon consideration of the special circumstances submitted. Separate licenses 91. When a licenso to search for mines other than srold to search over _ , n ■ i n i i r i p , t r-t • - same area grant- has been granted, it shall be lawful lor the Commissioner conmtions?"^ ™ of Mines to grant other licenses to search over the same area ; provided that he shall grant no more licenses than there are areas, ot one square mile each, contained within the area so first licensed; and after the first licensee has chosen his one square mile the others shall select theirs in the order of their licenses — provided that the right of search of the second licensee and bis license shall com- mence immediately after the expiration of the license or renewed license of the first licensee or on the selection of his square mile by the first licensee; and the third license shall commence at the end ot the right of search of the second or his selection of his square mile as aforesaid, and so on until the whole area is disposed of. Damages ascer- 92. If the proprietor of private lands entered under tained as in case i i; -l n i i j.i t n of gold mines, sucti iicenso Shall Seek damages, the proceedings for ascer- taining the amount of such damages, and making payment of the same, shall be the same as provided for by this Chapter in the case of prospecting licenses for gold. Licensee may se- 93. The holder of a liconse to search may at any time lect a square irxi *• i t* t n tii ■» mile, and apply before the oxpiratiou thereof, select from the land covered work°™°° by such license, an area of one square mile, for the pur- pose of working the mines and minerals therein ; and may make an application in writing to the Commissioner of Mines for a license to work the same, which application Fee. shall be accompanied by a payment of fifty dollars. TITLE n.] MINES AND MINERALS. 41 94. Upon such application and payment being made, Chap. 9. the Commissioner of Mines shall cause the portion so guryg ^c ot selected to be surveyed and laid off, and the applicant shall square miie' at jp ,1 /. 1 i^'-L-j I.- cus6 of licensee. deiray the expense ot such survey, which said portion shall be in one block, the length of which shall not exceed two and a half miles ; and the person making such survey shall make a full and accurate plan thereof, and transmit the same to the Commissioner, 95. All the provisions herein contained relative to Certain provis- settlement by agreement or arbitration, with the owner of laSL^ln/f"™ the soil, where the same is private land, for damages done pu^btelt'hi'^" to his land, and to payment therefor, as set forth in <=»?e of gold sections 17 to 25 inclusive, and to the occupation of such lands as set forth in section 28, and to the exemption of certain descriptions thereof from liability to be entered as specified in section 43, and to the vesting of interests for- feited under this Chapter, as specified in section 32, shall be applicable and in force in the case of mines other than gold mines, equally as in gold mines. 96. Upon complving with the requirements of this Granting of ii- Chapter the applicant shall be entitled to a license to IZ'V^.k.'^'^^ occupy and work the one square mile applied for ; the bond given for the license to search, under which the license to work was obtained, remaining in full force and virtue. 97. Every license to occupy and work shall be for a Kcease to work term of two years from the date of application, and shall years™? rom" ap- be extended to three years upon the additional payment ?enewabie*°o'i by the holder of the license of one half of the amount one year, originally paid for such license ; and within such term the holder of the license shall commence effective mining operations, and shall continue the same in good faith until the termination of such term; and in case the same person case ef holder shall hold licenses to work over several areas adjoining j'oi^g™ie^' each other, not to exceed five areas, the Commissioner of Mines shall determine what shall be sufficiently effective mining operations over all the areas combined. 98. The holder of a license to occupy and work, or Lease how grant- ,1 J.. 1 - 1 . 1. 1 "ii ii J. 1 able to holder of those representing riim, having complied with the terms oi license to work, the last preceding section, shall on, or before, the termina- tion of his license, be entitled to a lease of the premises described therein, which lease shall contain all the ordinary provisions of mining leases, with such conditions as the Governor in Council may think necessary to ensure the effective and safe working of the mines on such premises. 99. Any party may apply for a license to occupy and License to oooa- J c J ^ J r r J . . 1 i • ji py and work in Work any vacant mme, without having previously obtained erst instance, or applied for a license to search, and in such case his ^°^ b""''«n"SSf '^- o'" ^^^ lessee or licensee of the mining areas ber.'ic, of tun- through which it is necessary to drive such tunnels, the Commissioner of Public Works and Mines, subject to the approval of the Governor in Council, shall determine where such tunnels shall be made or commenced, the number of such tunnels, the size, width, and depth thereof, the quantity of land to be taken and occu- pied for the same, and the course and direction which such tunnels are to take through the intervening land covered with water, and the mines therein contained ; and Plan. he shall cause a plan thereof to be made and filed in the ofiice of the Registrar of Deeds for the county where the lands so taken for the commencement of the tunnels shall be situated. Mining leases in 124. Loases of mining areas shall be issued in duplicate ; duplicate^ g^jjij such Icases shall be registered in the office of the Com- mS office. missioner of Mines, by the Commissioner or some person by him thereto authorized. Certificate of 125. A Certificate of such registry with the day and year registry. thereof, shall be endorsed on the duplicate delivered to the lessee. Certain existing 126. All Icasos which have been passed prior to the StSed? ^ '^ passage of this Chapter, that are not void or forfeited, shall be registered and certified as above, if not already so re- gistered. Declaration of 127. In caso of IcasB, whcre there are more than one S severanes*?^" Icssee, a declaration in duplicate shall be made and signed '^^- under seal by all the lessees, or their heirs and assigns, stating the proportion owned by each lessee. EbtCTed™* «• 128. Such declaration shall be duly proved on oath before any Justice of the Peace, or the Commissioner of Mines, and registered as hereinbefore mentioned. i^ter^'ta^minM ^'^^' '^^^ transfers of any interest in mining leases to be registered hereafter to be made, shall be registered as aforesaid; and and certified. ^ certificate of such registry shall be endorsed on every such transfer as in the case of mining leases; and such registry and certificate shall be conclusive evidence of the transfer of such mining interests, ropffi.. 130. The forms of declaration and transfer for the pur- poses of this Chapter, shall be as in Schedules B and respectively. TITLE n.] HINES AND MINERALS. 49 131. Every company incorporated under this Chapter Chap. 9. or any act of the Legislature for mining purposes, shall Every company file a copy of their charter or act of incorporation in the ^haii flie copy of m r i.T et • • f -nr- i c i charter and list oflice ot the Commissioner of Mines, before any such com- ot officers with pany shall commence work, together with a list of the SteTb^Sning ofiScers of such company; and all changes of ofS-™"'''- 'cers made shall also be certified to the oflSce of the Commissioner of Mines; and until such certificate is filed no such new official need be recognized by the Commis- sioner of Mines as an official of any such company. 132. A description of all mortgages, bills of sale, attach- Description of ments, judgments, transfers and documents of title of any S° mnlf 'to%'e kind (except licenses), relating to or in any way afi'ecting clfmmiSioner's the title of gold, coal or other mines shall be recorded o^^e. according to Schedule D, in the office of the Commissioner of Mines ; and all licenses, and a description of all mortgages, AisoUoenses. bills of sale, attachments, judgments, transfers, and docu- ments of title of any kind affecting such licenses, shall be registered in the book of application for mining rights in the office of the Commissioner, in the same manner as such licenses and descriptions are now registered ; and any otherwise void such mortgage, bill of sale, attachment, judgment, transfer, "" '^^^^^ '^'^^■ or document of title shall bo void as against any subse- quent ^ona _;?c?e mortgage, bill of sale, attachment, judg ment, transfer, or document of title which shall bo pre- viously registered. 133. A duplicate, or true copy, certified by a notary Duplicate or cer- under his seal, of every transfer, mortgage, or other med. °°^^ conveyance, registered as above, shall be filed in the office of the Commissioner of Mines, before a Certificate of Registry is given. 134. If the applicant for a mining lease shall not ^xe- n^iease^not |xe^- cute such lease, and file it in the office of the Commis-witMnayear sioner for execution and registry by the Commissioner, ^^nt.^™^"' within one year from the time of his application, the areas shall be considered vacant, and may be leased to any other person. 135. Any pers-on leaving any pit, hole, or excavation, f™*'^^^'^^^^*^- for the space of eight days, open, and unfilled .to the depth of three feet or more, without having the same walled or fenced around, at least four feet in height, at all times when not working the same, shall forfeit for each oflence a sum not exceeding one hundred dollars, to be recovered by any person who will sue for the same. 136. Parties violating the provisions of the preceding Each day a dis- section shall be guilty of a distinct offence for every day that such pit, 'hole or excavation shall remain open and unfilled, or without the proper wall or fenco. 4 50 MINES AND MINERALS. [FAET T, Chap. 9. 137, The Commissioner shall have power to cause commiasioner witnesses brought before him in all contested cases or and deputies matters, which he has power to investigate and decide, to M^s'toTe ^' be examined under oath, which oath the Commissioner is sworn. hereby empowered to administer; and like powers are hereby conferred on Deputy Commissioners in all contested cases and matters before them which they have power to investigate and decide ; and the Commissioner and Deputy Commissioners shall have power to take affidavits under oath ; and to administer the oath in all such cases, and to administer oaths in all cases where affidavits are required by this Chapter, except where such oalh is required to be administered by a Commissioner of the Supreme Court. No appiicationto The Chief Commissioner or any Deputy Commissioner raiHlD^rightrin shall not receivo any application for license or lease of commisstonerorany miues or mining areas, the right to a license or lease deputies. of which is at the time of such application in dispute before the Commissioner or Deputy. Hoyaities iiow 138. Where royalties are due and owing to the Crown, where'unpaid. the Govemor in Council shall have power to order the Commissioner of Mines to issue a warrant under bis hand and seal of office directed to the Bheriff of the county where the mine in respect of which such royalties are due is situated, requiring such Sheriff immediately on receipt thereof to levy on the goods and chattels used in working and operating such mine ; and if, within the space of twenty days next after such levy, such royalties so due ' are not paid to such Sheriff, to proceed to sell the same or so much of such goods and chattels as shall be sufficient to pay such royalties and his fees ; first having publicly advertised the same for the space of not less than ten days before such sale ; and to make return of such war- rant, and pay over the sum due for such royalties to the Commissioner of Mines within thirty days from the issuing thereof. Upon the receipt of such order the Commissioner shall issue such warrant, and deliver the same to such Sherifi", who shall immediately execute the same according to the exigencies thereof; and the Sherifi"'s fees on such execution shall be the same as for executing a writ of execution out of the Supreme Court in a civil suit. On what |iays^^ 133. Leasos and licenses shall terminate, on the recur- mkiate? " reuco of the day on which they bear date, in the year of SawTneit t^^^ir termination ; and, after ten of the clock of the fore- Say- noon of the following day, the areas may be leased or Pruv;ao. licensed anew ; but nothing contained in this section shall prevent the renewal and extending of licenses and leases as hereinbefore provided. TITLE II.] MINES AND MINERALS. 51 140. If any lease oi* any .share or interest therein Chap, 9. becomes transmitted or transferred in consequence of the change of own ' death, bankruptcy or insolvency of any lessee, or in con- «''*ip.of mining sequence of the marriage of any female lessee, or by any cases to be au- "" means other than a transfer according to the provisions of dedarS'on."^' this Chapter, such transmission or transfer shall be authen- ticated by a declaration of the person to whom such lease or share or interest therein has been transmitted or trans- ferred, stating the circumstances of such transmission or transfer, and describing the manner in which, and the person to whom, such property has been transmitted or transferred ; itnd such declaration shall be made before the Commissioner, Deputy Commissioner of Public Works and Mines, or a Justice of the Peace. lil. If such transmission or transfer shall have taken Evidence to ac- place by virtue of the bankruptcy or insolvency of any declaration"' lessee, such declaration shall be accompanied by such evidence as may, for the time being.- be receivable in courts of justice, as proof of the title of persons claiming under any bankruptcy or insolvency ; and if such trans- mission has taken place by virtue of the marriage of a female lessee, such declaration shall be accompanied by a copy of the register of such marriage or other legal evi- dence of the celebration thereof, and shall declare the identity of such female lessee ; and if such transmission shall have taken place by virtue of any testamentary instrument or by intestacy, then such declaration shall be accompanied by the probate of the will or the letters of administration, or any copy thereof that may be legal evi- dence or would be received in courts of justice as proof of such transmission. 142. The Commissioner of Mines, upon the receipt of commissioner to such declaration so accompanied as aforesaid, shall enter new^owne"^ ° the name of the person entitled to the lease or any share or interest therein, under such transmission or transfer, in the books of registry, as so entitled thereto. 143. This Chapter may be legally known and cited as ■*i'**™''''™ .*'"^ " An Act to Consolidate the Statutes relating to Mines and lowed. Minerals," when necessary, as well as by its regular title. SCHEDULE A. This Indenture, made this day of , in the year of our Lord one thousand eight hundred and seventy between the Queen's Most Excellent Majesty, of the one part, and , hereinafter described as lessee, of the other part : Witnesseth, That in consideration of the royalties here- by reserved, and of the covenants and agreements herein 52 MINES AND MINERALS. [PART I. Chap. 9. contained, and on the part .and behalf of the said lessee, — " his executors, administrators and assigns, to be observed and performed, our Sovereign Lady the Queen, of her special grace, certain knowledge and mere motion, doth grant and demise unto the said lessee, his executors, administrators, and assigns, all that certain tract of land situate at gold district in the County of , known and described as follows, that is to say : An area, composed of area of class number one, and numbered on the plan of said gold district, signed by the Commissioner of Public Works and Mines, and filed in his ofBce, as by reference to the same will appear : And also, all and singular the beds, veins, and seams of gold, gold-bearing quartz, and other gold-bearing rocks, and gold-bearing earth, and all the gold, whether in quartz, grain, or otherwise, in, situate, and being within the limits of the said tract, and within, under, or upon the same : Provided always, and it is the true intent and meaning of these presents and of the parties hereto that nothing herein contained shall in any manner interfere with any of the rights of the owner or owners of the land in which such area situated, but the said rights are reserved unto the said owner or owners, their heirs and assigns; and it is further agreed and understood that the said lessees shall not enter into the said area without the special leave and license of the owner or owners thereof unless the said lessee shall have taken proceedings in accordance with Chapter 9 of the Revised Statutes, " Of Mines and Minerals:'' To Have and To Hold the said tract of land, and the said beds, veins, and seams of gold, and gold-bearing quartz, and all other the gold-bearing rocks, and gold-bearing earth, and gold whether in quartz or otherwise, in, under, and upon the same, to the said lessee, his executors, administrators, and assigns, for, during, and unto the full end and term of twenty-one years, to commence and be computed from the day of , and fully to be complete and ended : yielding and rendering unto our Sovereign Lady the Queen, her heirs and successors, quarterly and every quarter upon the first days of January, April, July and October, in each and every year during the continuance of this demise, at the office of the Commissioner of Public Works and Mines, at Halifax, or of the Deputy Commis- sioner of Mines for the district, a royalty of two per cent, upon . the gross amount of gold obtained, mined, had, wrought, or gotten from or out of the said demised premi- ses, or out of any quartz, slate, rock, mineral, or earth mined, obtained, had or gotten out of the same in any other way than from quartz crushed by licensed mills, at the TITLE II.]. MINES AND MINERALS. 53 rate of nineteen dollars per ounce Troy, for smelted gold Chap. 9 and eighteen dollars for unsmelted gold: '■ — '- — And the said lessee does hereby covenant, promise and agree to and with our said Sovereign Lady the Queen, her heirs and successors, that the said lessee, his executors, administrators, and assigns, shall and will well and truly pay and deliver, or cause to be paid and delivered, to our Sovereign Lady the Queen, her heirs and successors, at the times and places and in the manner aforesaid, the said royalty hereby reserved under the terms and provisions of this lease: And also, That the said lessee, his heirs, executors, administrators, and assigns, shall and will during the con- tinuance of this demise, keep or cause to be kept, one or more book or books of account, wherein true entries shall be made of all such gold and gold-bearing quartz, and other rock containing gold, and all gold in grain or otherwise, as shall from time to time be mined, wrought, had, gotten, or obtained out of the said demised premises, and also of the names of the men actually employed in the working of the said demised premises, and the number of days' labor performed by such men, with the respective dates thereof; and also the names of the person or persons to whom any qnartz or gold-bearing earth, or other gold-bearing material raised from the demised premises has been s-old or disposed of, with the price or the percentage upon the yield there- of, received therefcy, and also the weight of any quartz, or other gold-bearing material raised from the demised prem- ises, which may be sent to any licensed mills for crushing quartz, the name and description of the mill to which the same has been sent, and also the yield of gold from such , quartz or other material, as returned by the mill owner ; and also, that such book or books of account shall at all times be open and subject to the inspection and examina- tion of the Commissioner of Public Works and Mines, or of the Deputy Commissioner of the district, or of the Inspector of Mines, and also of any other person or per- sons thereto specially appointed by the Commissioner of Public Works and Mines for the time being ; and also that the said lessee, his executors, administrators or assigns, shall upon the first days of January, April, July and Octo- ber in each and every year during the continuance of this demise, deliver or cause to be delivered to the Commis- sioner of Public Works and Mines at Halifax, or to the Deputy Commissioner of Mines for the district, a true and correct return on forms to be supplied by the Commissioner which shall show the particulars prescribed and required by the sixty-second .section of Chapter 9 of the Revised .Statutes, " Of Mines and Minerals," verified by an affidavit 54 MINES AND MINERALS, [PART I. Chap. 9. of some one or more suitable person or persons employed in or about the working or management of the mines hereby granted and demised, made before the Commissioner of Mines, or a Deputy, or before a Justice of the Peace; and shall in all respects obey, abide by, perform and fulfil all the requirements of the said Chapter: And likewise, That the said lessee shall annually cause to be employed on the demised premises so many men as shall make the whole labor performed thereon during the year in opening and working the said mines amount in all to the number of hundred days' labor; audalso shall and will, during the continuance of this grant or demise, work the said mines in a good and workmanlike manner; and shall and will, from time to time, and at all times during the contin- uance of this grant or demise well and effectually maintain and support all and every the working-pits, shafts, levels, drifts, and water-courses of and belonging to the said mines with all such timber and deals and other materials as shall be requisite or necessary for that purpose, and so as to prevent the same and roofs of the said mines from falling in or being otherwise damaged ; and shall and will at the end or other sooner determination of the said term, peaceably and quietly yield and deliver unto the Commis- sioner of Public Works and Mines, or the Deputy Commis- sioner of the district, or such other person or persons as the Lieutenant-Governor for the time being shall appoint under his sign-manual to receive and take possession thereof, all the said mines, and all and singular other the premises hereinbefore mentioned, except such furnaces, engines, mills, forges, foundries, railroads, implements, houses, and buildings as shall not be attached to the free- hold, in such good order, plight and condition, as fair- wrought mines ought to be left, with such timber, deals, and other material as aforesaid, ('such mines as during the term hereby granted shall be abandoned by reason of their being unproductive only excepted): Provided always, and it is hereby agreed and declared, and the said lessee, for himself, his heirs, executors, administrators and assigns, doth accept this grant or demise under the condition that in case default shall be made by the said lessee, his executors, administrators or assigns, in keeping such book or books of accounts, or in making such entries therein, or in deliv- ering such affidavit or affidavits as aforesaid, or in pay- ment of the said royalties hereby reserved for the space of ten days after the periods herein before appointed for paying the same, or in the keeping annually employed on the demised premises the amount of labor herein above specified ; or if the affidavits hereinbefore set forth and required to be made shall be false and fraudulent, or any TITLE n.] MINES AND MINERALS. 55 other covenant herein contained shall not be kept and Chap. 9. observed, then, and in every or any or either of the said cases, these presents, and all and every the powers and privileges hereby granted shall be utterly null and void anything to the contrary thereof in these presents not- withstanding : Provided always, nevertheless, that it shall and may be lawful for the said lessee, his executors, administrators and assigns, at any time or times hereafter, when so minded, to give notice in writing, and file the same in the office of the Deputy Commissioner of Mines of the district, or of the Commissioner of Public Works and Mines in any district where there is no Deputy, setting forth that he is desirous of surrendering this lease ; and in such case, so soon as any such notice shall be so filed in the office of the Commissioner of Public Works and Mines the interest and estate of the said lessee in the demised premises shall forthwith revest in her said Majesty, and the said lessee, his executors, administrators, or assigns, shall thenceforth cease to have any interest therein, or to be liable under the terms and provisions of this lease for any royalty, except the royalty on gold mined or obtained up to the date of said surrender or in any other way than from quartz crushed at licensed mills : Provided also further, And it is the true intent and meaning of these presents, that the said lessee, his execu- tors, administrators, or assigns shall continue and remain liable under the conditions of this lease for and in respect of any matter or thing herein or hereby covenanted to be done or performed, and for which a liability shall have ex- isted at the date of such surrender, and also shall continue and remain liable for all royalty due as last above men- tioned at the date of said surrender. In witness whereof, Our said Sovereign Lady the Queen has caused , Commissioner of Public Works and Mines for the Province of Nova Scotia to subscribe his hand and seal of office to this Indenture, and the said lessee has subscribed his hand and seal thereto. Signed, sealed, and delivered, by the i .r- -, said Commissioner of Public Works V L • J and Mines in presence of j [L.s] 3Sy the said lessee, in presence of SCHEDULE B. We , of , in the County of , do hereby declare that we are the legal owners under lease, No. , district , dated the day of , A. D. 18 — , of akares in said lease mentioned. 56 MINES AND MINERALS. [PART 1. Chap. 9. Given tinder our hands and seals, this day of ^ A. D. 18—. Personally appeared before me, , of , who,. being sworn, says that duly signed th& foregoing declaration in his presence. Sworn before me, at this day of , A. D. 18—. I SCHEDULE C. Know all men by these presents that I, , of ,. in the County of , in consideration of doHars to me in hand, well and truly paid by of , have sold, assigned, transferred, and set over, and by these pre- sents do sell, assign, transfer and set over to , of ■ — , his executors, administrators, and assigns, shares owned by me under mining lease No. , in gold distriot To have and to hold the same to the said bis executors, administrators, and assigns. In witness whereof I have hereunto set my hand and seal, this day of , A.D. 18 — . Signed, sealed, and delivered, ) in presence of ' — ) Personally appeared before me, , of , who-^ being sworn, says that duly signed the above transfer in his presence. Sworn before me, at this day of A. D. 18—. J. P. TITLE II.] MINUS AND MINERALS. SCHEDULE D. District. 57 Chap. 9. No. of Lease. Date of Lease. Date of Issue. Date of Registry. Description. To whom Leased. Shares or parts. To whom Leased. Shares or parts. Ko. By whom Sold. Shares or parts. Date of Registry. Conveyance . To whom sold. SCHEDULE E. To A. B. and C. D., lessees of certain mining areas, by virtue of a lease from Her Majesty the Queen to bearing date the day of A. D. 18 — , (or, if the lease has been assigned, to A B and G D, assignees of the lessees of certain, &c., &c., as above.) Whereas it has been represented and come to the know- ledge of the Commissioner of Public Works and Mines, that the mines and minerals in the said lease described and conveyed, have been abandoned for the space of one year have not been eflFectively or continuously worked, or have been worked only colorably, and that the lessee or lessees (or their assignees) have failed to comply with the terms, covenants and stipulations in the lease contained : You are hereb)' notified that the said charge or complaint will be investigated before me, at my oiBce in the Province Building, at Halifax, on the day of , in the year of our Lord one thousand eight hundred and . Dated the day of , A. D. 18— E. F., Commissioner of Public Works and Mines. 58 mines and minerals. [part i. Chap, 9. SCHEDULE P. In pursuance of a notice duly served on the lessee or lessees (or assignees as the case may he), under a lease of certain mining areas, situate and being at , in the County of , made between the Queen of the one part, and A B and C D of , &c., of the other part, and dated the — day of , A. D. 18 — . I have examined into the matter of complaint against the said lessee or lessees (or assignees, &c.,) for not working the said mining'areas effectively and in accordance with the terms, covenants and stipulations in the said lease contained, andjthe true intent and meaning of the laws in such case made and provided ; and on due consideration after the examination of witnesses and the facts of the case, I being satisfied that the charge has been fully made out, have decided and declared, and by these presents do decide and declare, the said mining areas, and every part and parcel thereof, to be forfeited. Witness my hand at Halifax, this day of , A D. 18—. B. P., Commissioner of Public Works and Mines, Or G. H. Deputy Commissioner of Mines. SCHEDULE G. Bond to the Queen and her successors in penalty of $600. Whereas the Commissioner of Public Works and Mines hath by a decision dated the day of , A. D., 18 — , decided and declared certain mining areas, formerly leased to A. B. and C. D., by lease dated the day of , A.D. 18 — , forfeited,and the above bounden G, H., J. K., &c., have appealed against the said decision to the Supreme Court (or a Judge of the Supreme Court, as the .case may he.) Now the condition of this obligation is such that if the said G. H., J. K., &c., do and shall obey and abide by the judgment that shall be given herein, and shall well and truly pay all costs which they may be adjudged to pay in the premises, then this obligation shall be void, otherwise £. the same shall remain in force. Signed, sealed, ) G. H. /L. S.) and delivered >- in presence of j J. K. (L. S.) title ii.] regulation op mines. 59 Chap. 10. CHAPTER 10. ^ OP THE REGULATION OP MINES. 1. This Chapter may be legally cited, when desirable, Alternative title- as " The Mines Regulation Chapter.'' 2. In this Chapter, unless the context otherwise re- Definition of quires, — the term "mine"' includes every shaft in the chSterf* '" course of being sunk, and every level and inclined plane in the course of being driven for commencing or opening any mine, or for searching for or proving minerals, and all the shafts, levels, planes, works, machinery, tramways, railways and sidings both below ground, and above ground, in and adjacent to a mine, and any such shaft, level and in- clined plane of and belonging to the mine : The term " shaft " includes pit : The term "inclined plane" includes slope: The term " plan " includes a map and section or sec- tions, and a correct copy or tracing of any original plan as so defined : The term " Commissioner " means the Commissioner of Public Works and Mines The term "Inspector"' used in this Chapter means an Inspector of Mines appointed under the laws of this Pro- vince relating to Mines and Minerals. The term " owner," when used in relation to any mine, means any person or body corporate who is the immediate proprietor, or lessee, or occupier of any mine, or of any part thereof, and does not include a person or body cor- porate who merely receives a royalty, or rent from a mine, or is merely the proprietor of a mine subject to any lease, grant, or license for the working thereof, or is merely the owner of the soil, and not interested in the minerals of the mine ; but any contractor for the working of any mine or any part thereof shall be subject to- this Chapter in like manner, as if he were an owner, but so as not to exempt the owner from any liability. The term " agent," when used in relation to any mine, means any person having, on behalf of the owner, care or direction of any mine, or any part thereof. The term " manager,'' when used in relation to any mine, means the chief officer having the daily supervision of the underground workings. The term " boy " means any nfale person under the age of eighteen years. 3. If any question arises whether a mine is a mine to ^"rSr of *" which this Chapter applies, such question shall be referred mines decided to the Commissioner, whose decision thereon shall be final, sione?"™^ REGULATION OP MINES. EMPLOYMENT OF BOYS. [PART I. NoTjoy under ten to be employed in any mint. Time of employ- ment of boys be- tween 10 and 12 under ground. Hegalationsasto employment of boys under ground. As to employ- ment of young persons about engines. Penalty for em- ployment of per- sons in contra- vention of this Chapter. Proviso. 4. No boy under the age of ten years shall be employed in or about, or allowed to be for the purpose of employ- ment in or about any mine below ground or above ground. 5. A boy of the age of ten and under the age of twelve years shall not be employed in, or allowed to be for the purpose of employment in any mine below ground for more than sixty hours in any one week, or more than ten hours in any one day. 6. For the purpose of the provisions of this Chapter with respect to the employment of such boys in a mine below ground, the following regulations shall have effect ; that is to say, (1.) 'I'he period of each employment shall be deemed to begin at the time of leaving the surface, and to end at the time of returning to the surface: (2.) A week shall be deemed to begin at midnight on Saturday night, and to end at midnight on the succeeding Saturday night. 7. Where there is a shaft or an inclined plane or level in any mine, whether for the purpose of an entrance to such mine or of a communication from one part to another part of such mine, and persons are taken up or down or along such shaft, plane, or level by means of any engine, windlass, or gin, driven or worked by steam or any me- chanical power, or by an animal, or by manual labour, a person shall not be allowed to have charge of such engine, windlass, or gin, or of any part of the machinery, ropes, chains, or tackle connected therewith, unless he is a male of at least eighteen years of age. Where the engine, windlass or gin is worked by an animal, the person under whose direction the driver of the animal acts shall, for the purposes of this section, be deemed to be the person in charge of the engine, wind- lass, or gin; but such driver shall not be under twelve years of age. This clause shall not apply to operations known in the mines as counter or back balances. 8. If any person contravenes or fails to comply with, or permits any person to contravene or fail to comply with, any provision of this Chapter with respect to the employ- ment of boys or to the employment of persons about any engine, windlass, or gin, he shall be guilty of an offence against this Chapter ; and in case of any such contraven- tion or non-compliance by any person whomsoever, the owner, agent, and manager shall each be guilty of an offence against this Chapter, unless he prove that he had taken all .reasonable means by publishing and to the TITLE II.] REGULATION OP MINES. 61 best of his power enforcing the provisions of this Chapter Chap. 10. to prevent such contravention or non-compliance. If it appear that a boy, or a person employed about an engine, windlass, or gin, was employed on the representa- tion of his parent or guardian that he was of that age at which his employment would not be in contravention of this Chapter, and under the belief in good faith that he was of that age, the owner, ageut, or manager of the mine and employer shall be exempted from any penalty, and the parent or guardian shall, for such misrepresentation, be deemed guilty of an offence against this Chapter. WAGES. 9. No wages shall be paid to any person employed in wowaies to be 1 i ■ i. ^L^ • IT 1-1 paid at public or about any mine at or within any public house, beer houses, &c. shop, or place for the sale of any spirits, beer, wine, or other spirituous or fermented liquor, or other house of entertainment, or any ofiSce, garden, or place belonging or contiguous thereto, or occupied therewith. Every person who contravenes or fails to comply with, or permits any person to contravene or fail to comply with this section shall be guilty of an offence against this Chapter; and in the event of any such contravention or non-compliance by any person whomsoever, the owner, agent, and manager shall each be guilty of an offence against this Chapter, unless he prove that he had taken all reasonable means by publishing and to the best of his power enforcing the provisions of this section to prevent such contravention or non-compliance. 10. Where the amount of wages paid to any of the Astopaymento* , 1. . Tj J.1 i -persons employ- persons employed in a mine depends on the amount of m mines by mineral gotten by them, such persons shall, if the majority ^^'s*"- of such persons so desire, and unless the mine is exempted by the Commissioner, be paid according to the weight of the mineral gotten by them, and such mineral shall be truly weighed accordingly. Provided always, that nothing herein contained shall Pro™o, preclude the owner, agent, or manager of the mine, from agreeing with the persons employed in such mine, that deductions shall be made in respect of stones or materials other than mineral contracted to be gotten, which shall be sent out of the mine with the mineral contracted to be gotten, or in respect of any tubs, cars, or hutches being improperly filled in those cases where they are filled by the getter of the mineral or his drawer, or by the person immediately employed by him, such deductions being determined by the banksman or weigher and check-weigher if there be one. 62 ] EEGULATION OP MINES. [PART I. Chap. 10. If any person contravenes or fails to comply with, or permits any person to contravene or fail to comply with, this section, he shall be guilty of an offence against this Chapter ; and in the event of any contravention of or non-compliance with this section by any person whomso- ever, the owner, agent, and manager shall each be guilty of an offence against this Chapter, unless he prove that he had taken all reasonable means by publishing and to the best of his power enforcing the provisions of this section to prevent such contravention and non-compliance. Check weigher n. The persoDS who are employed in a mine, and are ning employes, paid accordiug to the weight of the mineral gotten by duttS°'and™e- them, may, at their own cost, station a person (in this movai. Chapter referred to as a " check-weigher'') at the place appointed for the weighing of such mineral, in order to take an account of the weight thereof on behalf of the persons by whom he is so stationed. The check- weigher shall be one of the persons employed either in the mine at which he is so stationed or in another mine belonging to the owner of that mine. He shall have every facility afforded to him to take a correct account of the weighing for the persons by whom he is so stationed ; and if in any mine proper facilities are not afforded to the check-weigher as required by this section, the owner, agent, and manager of such mine shall each be guilty of an offence against this Chapter, unless he prove that he had taken all reasonable means by enforcing to the best of his power the provisions of this section to prevent such contravention or non-compliance. The check-weigher shall not be authorized in any way to impede or interrupt the working of the mine, or to in- terfere with the weighing, but shall be authorized only to take such account as aforesaid; and the absence of the check-weigher shall not be a reason for interrupting or delaying such weighing. If the owner, agent or manager of the mine desires the removal of a check-weigher, on the ground that such check-weigher has impeded or interrupted the working of the mine, or interfered with the weighing, or has other- wise misconducted himself, he may complain to any Justice of the Peace of the county in which the mine is "situated, who, if of opinion that the owner, agent, or manager shows sufficient ^JJ'ma facie ground in writing for the removal of such check-weigher, shall by summons call upon the check- weigher to appear at a certain time and place therein mentioned. Such summons and a copy of the said complaint shall be served on tlie check-weigher by any constable of the county, at least five days before the return day of said summons. In default of appearance of said check-weigher TITLE II.] REGULATION OP MINES. 63 to answer the complaint, proof of the service of the said Chap. 10. summons shall be famished by the said constable in the "~ — — same way as in ordinary civil suits before a Justice of the Peace. On the hearing of the case the Justice shall hear the parties and if he think that at the hearing suflScient ground is shown by the owner, agent, or manager to justify the removal of the check-weigher, or in case of the non- appearance of the said check-weigher and on proof of the service of the summons as aforesaid, he shall make a sum- mary order for his removal, and the check-weigher shall thereupon be removed, but without prejudice to the station- ing of another check-weigher in his place. The Justice may in every case make such order as to the costs of the proceedings as he thinks just, and execution may issue for the recovery of the same as in suits for debts before a Justice of the Peace. SINGLE SHAFTS. 12. The owner, agent, or manager of a mine shall not Prohibition ot employ any person in such mine, or permit any person to ^'"^'® ''''^*''' be in such mine for the purpose of employment therein, tinless there are in communication with every seam of such mine for the time being at work at least two shafts or outlets, separated by natural strata of not less than ten feet in breadth, by which shafts or outlets distinct means of ingress and egress are available to the persons employed in such seam, whether such two shafts or outlets belong to the same mine or one or more of them belong to another mine, and unless there is a communication of not less than four feet wide and three feet high between such two shafts or outlets, and unless there is at each of such two shafts or outlets or upon the works belonging to the mine and either in actual use or available for use within a reasonable time proper apparatus for raising and lowering persons at each such shaft or outlet. Provided that such separation shall not be deemed incomplete by reason only that openings through the strata between the two shafts or outlets have been made for temporary purposes of ventilation, drainage, or otherwise; or, in the case of mines where inflammable gas has not been found within the preceding twelve months, for the same purposes, although not temporary. Every owner, agent and manager of a mine who acts in contravention of, or fails to comply with this section shall be guilty of an offence against this Chapter. The Supreme Court or any Judge thereof, whether any 64 EEGULATION OP MINES. [PAET I. Chap, 10. other proceedings have or have not been taken, may, upon ^ — — the application of the Attorney General, prohibit by in- junction the working of any mine in which any person is employed, or is permitted to be for the purpose of employ- ment, in contravention of this section, and may award such costs in the matter of the injunction as the Court or Judge thinks just; but this provision shall be without prejudice to any other remedy permitted by law for enforcing the provisions of this Chapter. Written notice of the intention to apply for such injunc- tion in respect of any mine shall be given to the owner, agent or manager of such mine not less than twenty days before the application is made. Exceptions from 13, The provisions of this Chapter with respect to li'ngieSfa! ^ shafts or outlets shall not apply in the following cases ; that is to say, (1.) In the case either of opening a new mine for the purpose of searching for or proving minerals, or of any working for the purpose of making a communication between two or more shafts, so long as not more than twenty persons are employed below ground at any one time in the workings in connection with each shaft or outlet in such new mine or such working : (2.) In the case of any proved mine so long as it is exempted in writing by the Comissioner on the ground either — (a.) that the mine is not a coal mine, or a mine with inflammable gas, that suflScient provision has been made against danger from other causes than explosions of gas by using stone, brick, or iron in the place of wood for the lining of the shaft and the construction of the midwall ; or (b.) that the workings in any seam of a mine have reached the boundary of the property or other extremity of the mineral field of which such seam is a part, and that it is expedient to work away the pillars already formed in course of the ordinary working, notwithstanding that one of the shafts or outlets may be cut off by so work- ing away the pillars of such seam ; and so long as there are not employed below ground at any one time in the workings in connection with the shaft or outlet in any such mine, more than twenty persons, or (if the mine is not a coal mine or mine with inflammable gas) than such larger number of persons as may for the time being be allowed by the Commissioner : (3.) In the case of any mine, one of the shafts or outlets of which has become, by reason of some acci- TTITLE IT.] REGULATION OP MINES. €5 dent, unavailaUe for the use of the persona Chap. 10. employed in the mine, so long as such mine is '~~ exempted in writing by the Commissioner, and the conditions on which such exemption is granted are duly observed, 14. If a written representation be made to the Com- Commissioner to missioner by the owner or agent of a mine not having at piloations^fOTra- the passing of this Chapter two shafts or outlets, that an to°pr°o°vide' add^ extension of time for providing an additional shaft or tionai shafts, •outlet ought to be granted to him 5 the question as to whether such exemption or extension of time ought to be granted -shall be decided by the Commissioner. KETtJBNS, NOTICES AND ABANDONMENT^ 15. For procuring mining returns— (1.) The lessee of every mine leased from the setums by les- Crown shall send to the ofSce of the Com- ag«ite™"man- raissioner a correct return of all the minerals *«'='"'* ™'°^ wrought in such mine, as is required by Chapter 9, " Of Mines and Minerals,'' and such other information and at the stated times specified in such Chapter; {2.) And on or before the thirty-first day of January in every year the owner, agent, or manager of every mine to which this Chapter applies, other than of every mine leased from the Crown, -shall send to the office of the Commissioner a correct return specifying with respect to the year ending on the preceding thirty- first day of December, the quantity of coal, iron ore, or other mineral wrought io such mine and tlie number of persons ordinarily employed in or about such mine below ground and above ground, distinguishing the persons and labour below ground and above ground and the different classes of the persons so employed : «(3.) The owner, agent, manager or occupier of every mine shall once a year if required by the In- spector, send to him a return of facts relating to the mode and description of means of ven- tilation, a description of the upcast and down- cast shafts, of the length and sectional area of the airways, the number of splits and quantity of fresh air in cubic feet per minute, and the average total quantity of air in cubic feet per minute, in hia mine. 66 REGULATiaN OF MINES. [PAET I. Chap. 10. The returns shall be in such forma as may be from time to time prescribed by the Commftsioner, who shall from time to time, on application, fnrnish forms for the purpc&3 of such returns. Every owner, agent, or manager of a mine who fails to comply with this section or makes any return which is to his knowledge false in any particular shall be guilty of an offence against this Chapter. Written notice 16. Where in or about any mine whether above or be- dd^aTnSLetbw ground, either (1.) Loss of life or any personal injury to any person employed in or about the mine occurs by reason of any explosion of gas, powder, or of any steam boiler ; or (2.) Loss of life or any serious personal injnry to any person employed in or about the mine occurs by reason of any accident whatever, the owner, agent, or manager of the niine shall, withio twenty-four hours next after the explosion or accident send notice in writing of the explosion or accident and of the loss of life or personal injury occasioned thereby to the office of the Commissioner, and shall specify in such notice the character of the explosion or accident, and the number of persons killed and injured respectively, and as soon after as possible and before the end of each year a return of facts relating to such accident or explosion in the form given in the Schedule to this Chapter. Where any personal injury of which notice is required to be sent under this section, results in the death of the person injured, notice in writing of the death shall be sent to the office of the Commissioner within twenty-four hours after such death comes to the knowledge of the owner agent, or manager. Every owner, agent, or manager who fails to act in com- pliance with this section shall be guilty of an offence against this Chapter. iTotice of 17. In any case, °Mhiror°wOTk- (1-) Where any change occurs in the name of, or in the ngo{ mines. ^ame of the owner, agent, or manager of any mine, or in the officers of any incorporated company which is the owner of, a mine not exempted from compliance with this clause by the Commissioner ; (2.) And in any of the following cases of coal mines, namely, (a.) Where any working^ is commenced for the purpose of opening a mine ', TITLE II.] REGULATION OF MINES.' 67 (6.) Where a shaft of any mine id abandoned or the Chap. 10. working thereof discontinued ; or (c.) Where the working of a mine is recommenced after an abandonment or discontinuance for a period exceeding two months ; the owner, agent, or manager of such mine shall give notice thereof at the office of the Commissioner within two months after such commencement, abandonment, discon- tinuance, recommencement, or change ; and if such notice be not given, the owner, agent, or manager shall be guilty of an offence against this Chapter. 18. Where any mine is abandoned or the working there Fencing of aban- of discontinued, at whatever time such abandonment or "^™^'*™"'^- discontinuance occurs, the owner thereof, and every other person interested in the mineral of such mine, shall cause the top of the shaft and any side entrance from the surface to be and to be kept securely fenced for the pre- vention of accidents: Provided that — (1.) Subject to any contract to the contrary, the owner of the mine shall, as between him and any other person interested in the minerals of the mine, be liable to carry into effect this section, and to pay any costs incurred by any other person interested in the minerals of the mine in carrying this section into effect ; (2.) Nothing in this section shall exempt any person from any liability under any other Chapter or Act, or otherwise. If any person fail to act in conformity with this section, he shall be guilty of an offence against this Chapter. 19. Where any mine is abandoned, the owner of such piansof aban- mine at the time of such abandonment shall, within three ^™|^t to'com"- months after such abandonment, send to the office of the m'saioner. Commissioner an accurate plan, on a scale of not less than a scale of two chains to one inch, showing the boundaries of the workings of such mine up to the time of the aban- donment, with the view of its being preserved under the care of the Commissioner. Every person who fails to comply with this section shall be guilty of an offence against this Chapter. INSPECTION. 20. The Inspector shall have power to do all or any of Powers ot in- the following things ; namely, apeetot. (1.) To make such examination and inquiry as may be necessary to ascertain whether the provisions 68 REGULATION OF MINES. [PART 1. Chap. 10. , of this Chapter relating to matters above ground or below ground are complied with in the case of any mine : (2.,) To enter,, inspect, and examine any mine and every part thereof, at all reasonable times by day and night, -but .80 as not to impede or obstruct the working of the said mine : (3.,) To examine into and make inquiry respecting the state and condition of any mine, or any part thereof, and the ventilation of the mine, and the sufficiency of the special rules for the time ■being in force in the mine, and all matters and things connected Tvith or relating to the safety of the persons employed in or about the mine or any mine contiguous, thereto : (4.) To exercise such other powers as may be necessary for carrying this Cha,pter into, effect. Every person who wilfully obstructs the Inspector in the execution of his duty under this Chapter, and every owner, agent, and manager of a mine who refuses or neglects to furnish to the Inspector the means necessary for making any entry, inspection, examination, or enquiry under this Chapter, in relation to such mine, shall be guilty of an offence against this Chapter. Proceedings in 21. If iu any rosnect (which is not provided against casesof causes of 1 *^ . . i* ii • ^-ti t i • ^ ■langer not spe- by any cxpress provision oi this Chapter, or by any special cmiiy provided; py]^^ jhe luspector find any mine, or any part thereof,, or any matter, thing, or practice in or connected with any such mine, to be dangerous or defective, so as in his opinion to threaten or tend to the bodily injury of any person, or to the waste or misuse of any property of or leased from , the Crown, the Inspector may give notice in writing there- , of to the owner, agent, or manager of the mine, and shall - state in such notice the particulars in which he considers ,§uch mine, or any part thereof, or any matter, thing, or prfictice to be dangerous or defective, and require the same to be remedied; and unless the same be forth witfi ; remedied the Inspector shall also report the same to thp Conimissioner. ! If. the owner, agent, or manager of the mine object to remedy the matter complained of in the notice, he may, .within fifteen days after the receipt of such noticre, send , his objection, in writing, stating the grounds thereof to the , Commissioner, who shall thereupon hear such evidence upon the matter as may be produced before him, and to^ gether Tvith one arbitrator appointed by the Inspector and ^, one arbitrator appointed by the owner, agent, or manager objecting, shall determine the same ; and the award of the Commissioner with -one "f the arbitrators shall be final. TITLE II.] REGULATION OP MINES. filS' Ten days' notice of the time and place where the Com- Chap. 10. missioner will hear such evidence shall be given to the parties interested. If the owner, agent, or manager fail to comply either with the requisition of the notice, where no objection is sent, within the time aforesaid, or with the deci'sion of the Commissioner and arbitrators, within tea days after the expiration of the time for objection or the time of making of the decision of the Commissioner and arbitrators (as the case may be), he shall be guilty of an offence against this Chapter, and the notice and decision shall respectively be deemed to be written notice of such offence : Provided that the Commissioner, if satisfied that the owner, agent or manager has taken active measures for complying with the notice or decision, but has not, with reasonable diligence, been able to complete the works, may extend the time of ten days (above specified) to such time as he shall deem proper ; and if the works are com- pleted within such time no penalty shall be inflicted. No person shall be precluded by any agreement from doing such acts as may be necessary to comply with the provisions of this section, or be liable under any contract to any penalty or forfeiture for doing such acts. 22. The owner, agent, or manager of every mine shall Hans of mines keep in the office at the mine an accurate plan of the owners, ^L. ■* workings of such mine, showing the workings up to at least twelve months previously. The owner, agent, or manager of the mine shall produce to the Inspector at the mine, such plan, and shall, if requested by the Inspector, mark on such plan the pro- gress of the workings of tiie mine up to the time of such production, and shall allow the Inspector to examine the same. And the owner, agent or manager of every mine leased by the Crown shall furnish to the Inspector a correct copy of such plan when requested by the Inspector. If the owner, agent or manager of any mine fail to keep such plan as is prescribed by this section, or wilfully refuses to produce or allow to be examined such plan, or wilfully refuses to furnish such copy, or wilfully withholds any portion of any plan, or conceals any part of the workings of his mine, or produces an imperfect or inaccurate plan, unless he shows that he was ignorant of such concealment, imperfection or inaccuracy, he shall be guilty of an offence against this Chapter ; and, further, the Inspector may, by notice in writing (whether a penalty for such offence has or has not been inflicted), require the ownei-, agent or manager to cause an accurate plan, such as is prescribed by this section, to be made 70 EEGULATION OF MINES. [PAET I. Chap. 10. within a reasonable time, at the expense of the owner of the mine, on a scale of not less than two chains to one inch, or on such other scale as the plan then used in the mine is constructed on. If the owner, agent or manager fail within twenty days, or such further time as may be shown to be necessary, after the requisition of the Inspector to make or cause to be made such plan, he shall be guilty of an oifence against this Chapter. Commissioner 23. The Commissioner may at any time direct the dafre^rte°^'to Inspector to make a special report with respect to any accidents. accideut in a mine, which accident has caused loss of life or personal injury to any person and in such case shall cause such report to be made public at such time and in such manner as be thinks expedient. COBONEES. Provisions as to 24. With respcct to Coroners' inquests on the bodies of c-oroners jn- i t i 11 t i i • quests on deaths pcrsons whosc deaths may have been caused by explosions i^miS^ ™ or accidents in mines, the following provisions shall have effect : (1.) Where a Coroner holds an inquest upon a body of any person whose death may have been caused by any explosion or accident of which notice is required by this Chapter to be given to the Commissioner, the Coroner shall adjourn such inquest when the majority of the jury think it necessary so to adjourn such inquest to enable the Inspector wherever practicable, or some other properly qualified person appointed by the Commissioner, to be present to watch the- proceedings : (2.) The Coroner, at least four days before holding the adjourned inquest, shall send to the Commis- sioner notice in writing of the time and place of holding such adjourned inquest : (3,) The Coroner, before the adjournment, may take evidence to identify the body, and may order the interment thereof : (4.) The Inspector, or such other person so appointed, shall be at liberty at any such inquest to examine any witness, subject nevertheless to the order of the Coroner : (5.) Where evidence is given at an inquest at which the Inspector, or such other person so appointed, „ ■ is not present, of any neglect as having caused or Contributed to the explosion or accident, or TITLE 11. j REGULATION OP MINES. 71 of any defect in or about the mine appearing to Chap. 10. the Coroner or jury to require a remedy, the Coroner shaU send to the Inspector notice in writing of such neglect or default : {•§.) Any person having a personal interest in, or employed iu or in the management of the mine in which the explosion or accident occurred, or any relative of the deceased person upon whose body the inquest is to be held, shall not be ■qualified to serve on the jury empannelled on the inquest ; and it shall be the duty of the constable or other officer not to summon any person disqualified under this provision, and it shall be the duty of the Coroner not to allow any such person to be sworn or to sit on the jury. Every person who fails to comply with the provisions of this section shall be guilty of an offence against this Chapter. Oenerai Rules. 25. The foUowiug general rules shall be observed, so General luies u r ' 1 t 1 • 1 1 • • 'be observed in sar as la reasonabl}' practicable, in every mine : mines. (1.) An adequate amount of ventilation shall be con- ventilation, stantly produced in every mine to dilute and render harmless noxious gases to such an extent that the working places of the shaft^ levels, stables, winzes, sumps, and workings of such mine, and the travelling roads to and from such working places, shall be in a fit state for work- ing and passing therein. {2.) Iq every mine in which inflammable gas has been found within the preceding twelve months, then once iu every twenty -four hours if one shift of workmen is employed, and once in every twelve hours if two shifts are employed during any twenty-four hours, a competent person or persons, who shall be appointed for the purpose, shall, before the time for commencing work in any part of the mine, inspect with a safety lamp that, part of the mine, and the roadways leading thereto, and shall make a true report to tbe manager of the condition thereof, so far as ventilation is con- cerned ; and a workman shall not go to work in such part until the same and the roadways leading thereto are stated to be safe. 72 RESrULATTON OF BINES. [part 1^ Fen cingof places not in use. BtatioD9» Chap. 10. (3.) la every mine worked for coal or any stratified deposit, in which inflammabfe gas has not been found within the preceding twelve months,, then once in every twenty-four hours, a com- petent person or persons, who shall be ap- pointed for the pnrpose, shall, so far as fs rea- sonably practicable imctrediately before time- for comm-encing work in any part ot the mine, inspect that part of the mine and' the roadways leading thereto, and shall make a true report of the condition thereof so far as ventilation is^ concerned ; and' a workman shall not go to work in snch part nntil the same and the road- ways leading thereto are stated to be safe. (4.) All entramces to any place in- a mine worked for coal or any stratified deposit not in actuaS course of working and extension, shall be pro- perly fenced across the whole width of such entrance, so as to prevent pei-sons inadvertently entering the same. (5.) A station or stations shall be appointed at tbe- entrance to a mine worked for coal or auy stratified deposit, or to tlie different parts of the same mine, as the- case may require ; and a workman shall not pass beyond any such station vintrl the miae or part of tbe mine b«yoBd the same has been inspected and stated to be safe. (&■.) If at any time it is found by tbe person for the time being in charge of the mine or any part thereof that by reason of noxious gases pre- vailing in such mine or sudi' pvart thereof, or oi any cause whatever, the mine or the said part is dangerous, every workiman shall be with- drawn from the mine or such part thereof as- is so found dangerous, and a competent person^ who shall be appointed for the purpose shall inspect tbe mine or such part thereof as is so found dangerous ; and, if the danger arises from inflammable gas, shall inspect the same with a locked safety lamp, and in every case shall make a true report of tbe condition of such mine or part thereof; and a workman shall not, except in so far as is necessary for inquiring into the cause of danger or for the removal thereof, or for exploration, be re- admitted into the mine, or such part thereof as was so found dangerous, until the same is stated by such report not to be dangerous. Every such report shall be recorded in a book which shall WltlidDawal of ■workmen in ease t)f danger. TITLE II.] EEGULATION OF MINES. 73. be kept at the mine for the purpose, and shall Chap. 10. be entered by the person making the same. ' (7.) In every Avorking approaching any place where safety lamps. there is likely to be an accumulation of explo- sive gas, no lamp or light other than a locked safety lamp shall be allowed or used ; and whenever safety lamps are required by this Chapter, or by the special rules made in pur- suance of this Chapter, to be used, a compe- tent person who shall be appointed for the purpose shall examine every safety lamp im- mediately before it is taken into the workings for use, and ascertain it to be secure and securely locked ; and in any part of a mine in which safety lamps are so required to be used, they shall not be used until they have been so ex- amined and found secure and securely locked, and shall not without due authority be unlocked; and in the said part of a mine a person shall not, unless he is appointed for the purpose, have in his possession any key or contrivance for opening the lock of any such safety lamp, or anj' lucifer match or apparatus of any kind for striking a light. (8.) Gunpowder or other explosive or inflammable sub- Gunpowder ana stance shall only be used in the mine under-ground as ' '°®' follows : (a.) It shall not be stored in the mine. (6.) It shall not be taken into the mine, except in a case or canister containing not more than six pounds. (c.) A workman shall not have in use at one time in any one place more than one of such cases or canisters. (d.) A charge of powder which has missed fire shall not be unrammed : (e.) It shall not be taken into or be in the possession of any person in any mine or district of a mine, and shall not be used except in accordance with the following regulations, during three months after any inflammable gas has been found in any such mine or district of a mine ; namely : (1.) A competent person who shall be appointed for the purpose shall, immediately before firing the shot, examine the place where it is to be used, and the places contiguous thereto, and shall not allow the shot to be fired unless he finds it safe to do so ; and a shot shall not be fired except by or under the direction of a com- petent person who shall be appointed for the purpose : 74 REGULATION OP MINES. [PART I. Chap, 10. ^^'' If such inflammable gas issues so freely that it shows a blue cap on the flame of the safety lamp, it shall only be used — , (a.) Either in those cases of stone drifts, stone work, and sinking of shafts, in which the ventilation is so managed that the return air from the place where the powder is used passes into the main return air course, without passing any place in actual course of working ; or, (b.) When the persons ordinarily employed in the mine are out of the mine or out of the part of the mine where it is used, (c.) Where a mine is divided Jnto separate districts in such manner that each district has an inde- pendent intake and return air-way from the main air-course and the main return air-course, the provisions of this rule with respect to gun- powder or other explosive or inflammable sub- stance shall apply to each such district in like manner as if it were a separate mine. Water and bore- (9.) Where a placo is likely to contain a dangerous '"''*'■ accumulation of water the working approaching such place shall not exceed eight feet in width, and there shall bo constantly kept at a suflScient distance, not being less than five yards, in advance, at least one bore-hole near the centre of the working and sufficient flank bore-holes on each side. Signals andman- (10.) Every Underground plane on which persons travel, ^°"^' which is self-acting or worked by an engine, windlass, or gin, shall be provided (if exceeding thirty yards in length) with some proper means of signalling between the stop- ping places and the ends of the plane, and shall be pro- vided in every case, at intervals of not more than twenty yards, with sufficient man-holes for places of refuge. (11.) Every road on which persons travel underground where the produce of the mine in transit exceeds ten tons in any one hour over any part thereof, aqd where the load is drawn by a horse or other animal shall be provided, at intervals of not more than fifty yards, with sufficient man- holes or with a space for a place of refuge, which space shall be of sufficient length, and of at least three feet in width, between the wagons running on the tramroad and the side of such road. (12.) Every man-hole and space for a place of refuge shall be constantly kept clear, and no person shall place anything in a man-hole or such space so as to prevent access thereto. Fencmgof old (13.) The top of overy shaft whiqh for the time being shafts. jg Q^j. jjf ^gg^ Qj. ^gg^ ^^^^^ ^^ ^^ ^:^^ shaft, shall be securely fenced. TITLE II.] RECfULATlON OP MINES. ' 75 (14.') The top and all entrances between the top and Chap. 10. bottom of every working or pumping shaft shall be pro- j-endngof en- perly fenced ; but this shall not be taken to forbid the tem- trances to shafts, porary removal of the fence for the purpose of repairs or oth^r operations, if proper precautions are used. (15.) Where the natural strata are not safe, every Becuring of working or pumping shaft shall be securely 'cased, lined, "^^*^' or otherwise made secure. (16.) The roof and sides of every travelling road and securing of roofs working place shall be made secure, and a person shall not, *° unless appointed for the purpose of exploring or repairing, travel or work in any such travelling road or working place which is not so made secure. (17.) In any mine which is usually entered by means of person shaii at- V' ■' ,. •' , •' -IT t™* hoisting machinery, a competent person of such age as prescribed machinery. by this Chapter shall be appointed for the purpose of work- ing the machinery which is employed in lowering and raising persons therein, and shall attend for such purpose during the whole time that any person is below ground in the mine. (18.) Every working shaft used for the purpose of draw- Bignaiiing on ing minerals or for the lowering or raising of persons shall, ™''''^°8 **'*^- if exceeding fifty yards in depth, and not exempted in writing by the Inspector, be provided with guides and some proper means of communicating distinct and definite signals from the bottom of the shaft and from every entrance for the time being in work between the surface and the bottom of the shaft to the surface, and from the surface to the bottom of the shaft and to every entrance for the time being in work between the surface and the bottom of the shaft. (19.) A sufficient cover overhead shall be used when cover over-head lowering or raising persons in every working shaft, except '" ^ * • where it is worked by a windlass, or where the person is employed about the ptimp or some work of repair in the shaft, or where a written exemption is given by the Inspector. (20.) A single-linked chain shall not be used for lower- ohams. ing or raising persons in any working shaft or place except for the short coupling chain attached to the cage or load. (21.) There shall be on the drum of every machiiie used supping of rope for lowering or raising persons such flanges or horns, and o° the rules signed by the person sending the same. 78 EEGULATION OP MINES. [PART I. Chap. 10. If the rules are not objected to by the Commissioner within forty days after their receipt by the Inspector they shall be established. If the owner, agent or manager make any false statement with respect to the posting up of the rules and notices he shall be guilty of an offence against this Chapter. How modified. 28. If the Commissioner is of opinion that the proposed special rules so transmitted or any of them, do not sufficiently provide for the prevention of dangerous acci-, dents in the mine, or for the safety of the persons employed in or about the mine, or are unreasonable, he may, within forty days after the rules are received by the Inspector object to the rules, and propose to the owner, agent, or manager in writing any modifications in the rules by way either of omission, alteration, substitution or addition. If the owner, agent or manager do not within twenty days after the modifications proposed by the Commissioner are retieived by him, object in writing to them, the pro- posed special rules, with such modifications shall be estab- lished. If the owner, agent or manager send his objection in writing within the said twenty days to the Commissioner, the matter shall be referred to the Governor in Council ; and the date of the receipt of such objection by the Com- missioner shall be deemed to be the date of the reference ; and the rules shall be established as settled by an order of the Governor in Council. 29. After special rules are established under this Chapter in any mine, the owner, agent or manager ot such mine may from time to time propose in writing to the Inspector for the approval of the Commissioner, any amend- ment of such rules or any new special rules, and the pro- visions of this Chapter with respect to the original special rules shall apply to all such amendments and new rules in like manner, as nearly as may be, as they apply to the original rules. The Commissioner may from time to time propose in writing to the owner, agent or manager of a mine in which there are no special rules, and to the owner, agent or manager of a mine in which there are special rules, any new special rules, or any amendment to such special rules, and the provision of this Chapter with respect to a proposal of the Governor in Council for modifying the special rules transmitted by the owner, agent or manager of a mine shall apply to all such pro- posed special rules, new special rules, and amendments in like manner, as nearly as may be, as they apply to such proposal. Abstract of 30. For the purpose of making known the special rules, kS'^""" if any, and the provisions of this Chapter, to all persons Amendment of special rules. TITLE n.] EEGULATION OP MINES. 79 employed ia and about each mine, an abstract of the Chap. 10. Chapter supplied on the application of the owner, agent or manager of the mine, by the Commissioner, and an entire copy of the special rules, (if any), shall be published as follows : (1.) The owner, agent or manager of such mine shall cause such abstract, and rules (if any), with the Dame of the Inspector, and the name of the owner, agent or manager appended thereto, to be posted up in legible characters, in some conspicuous place at or near the mine, where they may be conveniently read by the persons employed; and so often as the same become defaced, obliterated or destroyed, shall cause them to be renewed with all reasonable des- patch. (2.) The owner, agent or manager, shall supply a printed copy of the abstract and the special rules (if any) gratis to each person employed in or about the mine who applies for such copy at the office at whicb the persons imme- diately employed by such owner, agent or manager are paid. (3.) Every copy of the special rules shall be kept dis- tinct from any rules which depend only on the contract between the employer and the em- ployed. If any owner, agent or manager fail to act in compliance with this section, he shall be guilty of an oflFence against this Chapter; but the owner or manager shall not be deemed guilty if he prove that he has taken all reasonable means, by enforcing the observance of this section, to prevent such non-compliance. 31. Every person who pulls down, injures or defaces Defacingnotioes, any proposed special rules, notice, abstract or special rules, when posted up, in pursuance of the provisions of this Chapter, with respect to special rules, or any notice posted up in pursuance of the special rules, shall be guilty of an offence against this Chapter. 32. The Inspector shall, when required, certify a copy,, certified copy of which is shown to his satis&ction to be a true copy, of any ^^evidenSf *" special rules which, for the time being, are establi^bed , under this Chapter in any mine ; and a copy so certified shall be evidence (but not to, the excliisipn of other proof) of such special rules, and of the fact that they are ^uly established under this Chapter, and have been signed by the Inspector. 80 REGULATION OP MINES, [pAET r. Chap. 10. PENALTIES. Other employes liable same as owners^ && Penalty for of- fences against this Chapter. In certain cases lowner, &c., not liable to prosecu- !ti0D. Penalties, &c., ti-ecovered in name of In- epector. Proceedings ■within three months. Owner, &c., caa be witness. Application of ^nalties. 33. Every person employed in or about a mine other than an owner, agent or manager, who is guilty of any act or omission which in the case of an owner, agent or manager would be an offence against this Chapter, shall be deemed to be guilty of an offence against this Chapter. 34. Every person wh6 is guilty, of an offence against this Chapter shall be liable to a penalty not exceeding, if he is an owner, agent or manager, eighty dollars, and if he is any other person, eight dollars, for each offence ; and if the Inspector has given written notice of any such offence, to a further penalty not exceeding five dollars for every day after such notice that such offence continues to be committed. 35. No prosecution or other proceeding shall be insti- tuted against the owner, agent, or manager of a mine to which this Chapter applies,for an offence under this Chapter, which can be prosecuted before a Justice's Court, except by the Inspector, or with the consent in writing of the Commissioner ; and, in case of any offence of which the owner, agent, or manager is not guilty, if he prove that ho had taken all reasonable means to prevent the commission thereof, the Inspector shall not institute any prosecution against such owner, agent, or manager, if satisfied that he had taken such reasonable means as aforesaid. 36. All penalties under this Chapter, and all moneys and costs by this Chapter directed to be recovered as penalties, may be sued for and recovered in the nanie of the Inspector in the same manner and in the same courts of law in which ordinary private debts of a like amount are sued for and recovered. 37. Any complaint or suit made or brought in pursuance of this Chapter shall be made or brought within three months from the time when the matter of such complaint or suit respectively arose. 38. The owner, agent, or manager, may, if he think fit, be sworn and examined as an ordinary witness in tlie case where he is charged in respect of a contravention or non- compliance by another person. 39. Where a penalty is imposed under this Chapter for neglecting to send a notice of any explosion or accident or for any offence against this Chapter which has occasioned loss of life or personal injury, the Commissioner may (if he think fit) direct such penalty to be paid to or distributed among the persons injured and the relatives of any persona whose death may have been occasioned by such •explosion, accident or offence, or among some of them. TITLE n.] EEGULATION OP MINES. 81 Provided that such persona did not ia his opinion occasion Chap. 10. or contribute to occasion the explosion or accident, and did not commit, and were not parties to committing the ofiFence. Save as aforesaid, all penalties imposed in pursuance of this Chapter shall be paid on receipt of the same into the Provincial Treasury. MISCBLLATSTEOUS. 40. In the working of coal and other minerals in sub-Beguiationsasto a ' ck Qf • working of sub- ^narine areas l marine areas. (1.) No submarine seam of coal or stratified deposit of other mineral shall be wrought under a less cover than one hundred and eighty feet of solid measures: Provided that the owner or lessee of any such area may drive passage-ways, to win the mineral to be wrought, under a l«ss cover than one hundred and eighty feet, but not under less than one hundred feet of solid measures : (2.) A barrier of the mineral wrought .of not less than fifty yards, twenty-five yards on both sides of the boundary lines of every lease, shall be left nnwrought between the workings of every submarine seam: (3.^ The workings of every such submarine area shall be laid off in districts of an area not greater than half of one square mile, and the barrier enclosing each separate district shall not be less than thirty yards thick, and shall not be pierced by more than three passage ways having a sectional area not greater than six feet by six feet : (4.) No district shall have its length when parallel to the general trend of the adjoining shore greater than one mile. (5.) A proposed system of working the mineral in each submarine area shall before work is commenced be submitted to and approved of by the Inspector ; and no change shall be made in such approved system without the written sanction of the Inspector. The opening of a new level or lift in a mine already working in a submarine area shall be deemed the commencement of a new winning in the meaning of this clause. The owner, agent or manager of every mine to which this section applies, who transgresses or fails to comply 6 82 REGULATION OF MINES. [fAET I. Chap. 10. with any provision of this section shall each be liable to a ~" penalty not exceeding one thousand dollars, and if the oflPeiice complained of is continued or repeated after a written notice has been given by the Inspector to such owner, agent or manager of any such offence having been committed, the Supreme Court or a Judge thereof, whether any other proceedings have or have not been taken, may upon application of the Attorney General prohibit by injunction the working of such mine. ^'i"h.S *" ^ ^^- -^'^ ''°^'' '™" o'"®' °'" other mineral extracted from ^ mines leased by the Crown, on which royalty is payable. shall be weighed at the mine. The overrun allowed for rough weighing shall not exceed the true weight by one and a half per cent. A competent person shall be appointed weigher by the owner or agent, who shall enter in a book specially kept for the purpose the weight of every weighing, and shal 1 make a true report to the oflSce at the mine of the weigh- ProTiso. ings so made by him : provided always that it shall not be necessary to weigh every car load or tub of coals ; but the Inspector may agree with the manager, owner or agent of any mine as to the weight by the gauge or ave- rage weight of such car loads or tubs : provided, however, that in no case shall a less quantity than every tenth car load or tub be so weighed as aforesaid. Every person who fails to comply with the provisions of this section shall be guilty of an offence against this Chapter. Tfotioes served 42. All noticcs Under this Chapter shall be in writing personally or by . , . . . j i.i • ■ j. i ii post. or print, or partly in writing and partly m print ; and all notices and documents required by this Chapter to be served or sent by or to the Commissioner or Inspector may be either delivered personally, or served and sent by post by a prepaid registered letter ; and, if served or sent by post, shall be deemed to have been served and received respectively at the time when the letter containing the same would be delivered in the ordinary course of post ; and in proving such service or sending it shall be sufficient to prove that the letter containing the notice was properly addressed and put into the post. Continuance of 43, The Special rulos which are in force in anv mine un- exLitiDg special , ,, ,■ r -r , • 'J """>> "" rules. der the sanction of an Inspector appointed under the Act entitled " An Act to consolidate the Statutes relating to Mines and Minerals,'' shall continue to be the special rules in such mine until special rules are established for such mine under this Chapter, and while they so continue, shall be of the same force as if they were established under this Chapter. title ii.] regulation op mines. s3 Chap. 10. SCHEDULE. — — POEM OP NOTICE OP EXPLOSION OB ACCIDENT TO BE SENT TO THE DEPARTMENT OP MINES. Name of Mine Date To the Honorable the Commissioner of Public Works and Mines, Halifax, N. S. : Sir, — In pursuance of Chapter 10 of the Revised Statutes, " Of the Regulation of Mines,'' I beg to give you notice that an ^^^ has occurred at this mine, of which the following are the particulars : — Place where the accident occurred Date of the accident Character of the accident If from explosion, whether of gas, powder, or ) any steam boiler j Number, ages, and names of persons killed Number and names of persons ) injured seriously ) Number and names of persons ) injured slightly (2) J Number and relation of persons dependent on persons killed. I am, Sir, Your obedient servant (Signature.) (1) •' Explosion" or "Accident.*' (;i) In case of any explosion. 84 CROWN LANDS. [PAET I. Chap. 11. CHAPTER 11. Title of Com- missioner. Appointment of Deputies. Duties. Bond. Commission. Deputy to re- ceive and pre- serve county plan. Deputy to give 1 nformatlon. Tees. Instructfons, Deputies to ren- der quarterly accounts. AfHdavit. OP THE CEOWN LANDS. PAST FQtST. 1. The Commissioner of Crown Lands shall continue to be styled the Commissioner of Crown Lands. 2. The Governor in Council, upon the recommendation of the Commissioner of Crown Lands, may appoint one or more deputy surveyors in each county, for the performance of such duties as may be required under the orders issued from the department. Every such deputy shall upon his appointment execute a bond to the Commissioner with two sureties for the faithful discharge of the duties of his office, and shall thereupon receive a commission in the custDtnary form to be approved by the Governor in Council. 3. Each deputy appointed under this Chapter shall be supplied with a copy of the general plan of the county to which he is named, which he shall preserve with all other documents and plans connected with the lands of the county in some convenient place or office within the county, where access can be had for information by the inhabitants — such plans, papers and documents to be held as the property of the Province and to be transferred to his successor in office whenever appointed. 4. Such deputy shall give all necessary information to persons respecting the lands within his county whenever applied to for that purpose, and shall furnish any copies of plans that may be required, for which he shall be entitled to the following fees : Each search twenty cents. Copy of plan wi^h necessary connection fifty cents ; and larger plans' as may be agreed upon. 5. Instructions shall be furnished each deputy, by the Commissioner of Crown Lands, for his guidance in the dis- charge of his duties. 6. Every deputy surveyor at the expiration of each quarter of the j'ear shall render his account for services, and transmit with the same a list or return of surveys to the Commissioner, accompanied by an affidavit in the fol- lowing form : — I , Deputy Surveyor for the County of , do swear that the several lots of land described in the above list have been actually surveyed by me, in accordance with the plans thereof; that all the corner bounds have been set up, and that the lines have been well marked. So help me God. Sworn to before me at , this ) day of A. D. 1 8— . V J. P. 3 TITLE II."] CROWN LANDS, 85 7. Subject to the provisions hereinafter oontained, any Chap. 11. person upon due application to the Commissioner of Crown Purchase how~ Lands may become the purchaser of such crown lands as ™» -A-Hy pcrsou who sliall assault or obstruct any officer structing officers, Jq the executiou of his duty under this Chapter, or any removing pro- ... .-, , in -ir m ,. '^ perty, &c. persou in his aid, or who snaii wilfully remove, cut, injure, convert, or set loose anything seized as aforesaid, shall !)ay a fine to the Queen not exceeding four hundred dol- ars nor less than eight dollars, at the discretion of the Court where prosecuted ; and, in default of payment, after conviction such person shall be imprisoned in the county jail for a period not exceeding one year, nor less than ten days, at the like discretion. Privileges of 10. Any person impleaded for seizure or prosecution ed'for Mkuif ''" under this Chapter,, may plead this Chapter and give the under this Chap- Special matters in evidence. And if the Judge shall certify probable cause of seizure or prosecution, the claimant shall not recover any costs, nor shall the person who made the seizure be liable to any indictment or suit on account there- of; and if any suit or prosecution be brought against any person on account of such seizure, and judgment shall be given against him, and the Judge or Court shall certify that there was probable cause for the seizure, then the plaintiff, besides the thing seized or its value if sold as aforesaid, shall not recover more than four cents damages nor any costs of suit, nor shall the defendant be fined more than twenty cents. But a party whose property shall have been seized may, notwithstanding such certificate of probable cause, take possession of such property if the same shall not have been sold or disposed of, or, if sold or disposed of, may recover the actual value thereof from the seizing officer, TITLE rr.] TRESPASSES TO CROWN PROPERTT, 95 if the same shall not be paid within one month after de- Chap. 13. mand on him in writing, setting forth the particulars and — • amount of such claim. 1 1. All trees, timber, or logs found cut upon the crown ireeg, timber or lands, without authority or license of the Govrernment, oTorowf "ands* may be seized by the deputy surveyors of the county, or ""y i» seized such persons as may be appointed for the protection of crown lands, and such seizure shall be forthwith reported to the Commissioner of Crown Lands, who may direct the sale thereof, without proceeding to condemnation, — the Proceeds sent t& proceeds of such sale to be remitted to the Commissioner Commissioner. of Crown Lands, to be applied as directed by section 7 of this Chapter. 12. Every action or suit or prosecution brought for a Action where to violation of the provisions of this Chapter shall be brought ^ """"Bht. in the county where the offence shall have been com- mitted. 13. Nothing herein contained shall be construed to con- Not to conflict travene or conflict with Chapter 9 " Of Mines and Minerals." "'"^ chapter ». SCHEDULE. A. Whereas a quantity of [describe the articles] have been seized as Crown property, illegally obtained. These are to give notice that two Justices of the Peace will attend on the day of at — o'clock in the noon at to hear cause why the same should not be declared to be the property of the Crown. Given under my hand and seal at this day of , A. D. 18—. A. B., J. P. B. Be it remembered that [descrihe the propertyl having been seized as Crown property illegally obtained, and prosecuted under the provisions of the Chapter, " Of Trespasses to Crown Property," the same are hereby adjudged and declared to be the property of the Crown, pursuant to the said Chapter. Given under our hands and seals at this — — day of A. D. 18—. A. B. (seal.) C. D. (seal.) 96 Chap. 13. Vested in Her / Uajesty, Parties taking or retaining them may be proceeded Mode of pro- cedure. Order to be in discretion of Court or Judge. Costs. Appeal. PDBLIC RECORDS. [PART I. CHAPTER 13. OF THE PUBLIC RECORDS. 1. The books, papers and records of all public offices provincial and county, are hereby vested in Her Majesty the Queen and her successors. 2. If any person shall wrongfully take, withhold or retain possession of any public document, book, record, writing or other paper, he may be proceeded against for the recovery of the same in a summar}'^ manner. 3. Upon grounds laid by affidavit before the Supreme Court, or any Judge thereof, an order, at the instance of one of the law officers of the Crown, may issue at the suit of Her Majesty, requiring the parties in whose custody such documents, books, records, writings or other papers are, to give Up the same to the proper custodian, or as therein directed. 4. It shall be in the discretion of the Court or Judge granting the order whether an order absolute or an order nisi shall be' first granted ; and costs shall follow when an order is obtained, unless otherwise directed. 5. Any party feeling aggrieved by the order of a single Judge may, upon filing with the prothonotary in Halifax a bond to Her Majesty in a sum to be named by a Judge of the Supreme Court for security for costs, appeal from the decision of the Judge to the Court at bar, where the whole matter may be heard and disposed of as such Court may decide. title iii.] certain public officers. 97 Chap. 14. TITLE III. OP J'ROVINCIAL OFFICERS. CHAPTER 14. 1. There shall be allowed to the several officers herein- salaries of Pub- after mentioned, to be paid quarterly out of the public ''" "*'^"" funds income and revenue, the following yearly salaries: — To the Provincial Secretary, two thousand four hundred Provincial seore- dollars ; and to his first clerk or Deputy Secretary, four- p^' g^^^.^ teen hundred dollars : tary. To the Attorney General, sixteen hundred dollars : Attorney Gene- To the Treasurer, two thousand dollars ; and to his clerk, 5?.easurer. one thousand dollars : To the Commissioner of Public Works and Mines, two commissioner ot thousand dollars ; to the Chief Clerk of Mines, one thou- fn'dMi^!''" sand dollars; to the Chief Clerk of Works, one thousand g|«J^°Jj^°^«^; dollars : To the Commissioner of Crown Lands, two thousand commissioner ot dollars ; to the first clerk of the Commissioner of Crown cierk^. Lands, one thousand dollars ; to the additional clerks, twelve hundred dollars : To the Private Secretary of the Lieutenant Governor, |J^™™"/^ for the time being, twelve hundred and fifty dollars. tary. 2. The Treasurer shall give bonds for the faithful per- Treasurer's formance of the duties of his office in sixteen thousand "^ " dollars, with four sureties in four thousand dollars each ; and the Treasurer's clerk shall give bonds in four thousand dollars, with two sureties in two thousand dollars each, for the faithful discbarge of his duties. 3. The Provincial Secretary, the Attorney General, the To be members Treasurer, the Commissioner of Public Works and Mines, "Mdmimstra- and the Commissioner of Crown Lands, shall be members of the Provincial Administration for the time being. 4. The Provincial Secretary shall, in addition to the Duties of Pro- other duties of his office, examine and check, from time to tt^I*' ^°^' time, as they shall come in, all accounts of public receipts and expenditures of every kind and description ; and no account of any public expenditure whatsoever, for road work, public buildings, education, or otherwise, shall be paid by the Treasurer until the same shall have been care- fully examined and certified to be correct, or any mistake '98 CERTAIN PUBLIC OFFICERS. [PART I. Chap 14 °'" ^''''O'* therein pointed out and rectified by the Provincial ■ — — '- — Secretary, or, in case of his absence or indisposition, by his Deputy or first clerk. Duties of 5. The Treasurer shall receive, and on the warrant of Treasurer. ^^^ Provincial Secretary pay, all public moneys ; and it shall be competent for the Governor in Council to direct from time to time which of the public accounts shall be filed in the oflSce of the Treasurer, and in what form the books to be opened thereat shall be kept ; but one general cash book siiall be kept by him, in which there shall be entered from day to day all moneys received and paid, with the names of the parties who received or paid the same, which book shall be open at all times to the inspection of the members of the Executive Government and Legis- lature. . • Warrant Touch- 6. The accounts SO examined and certified as aforesaid "^- under the hand of the Provincial Secretary, or, in case of his absence or indisposition under the hand of his Deputy or principal clerk, shall be necessary vouchers previous to the issue of a warrant for the payment of the sums therein expressed, or for the payment thereof under any general warrant previous!}' issued therefor. Treasurer's 7. The Treasurer shall furnish quarterly accounts of aocounta. ^^jj Bums received and paid by him, to be examined and checked by the Provincial Secretary ; and such quarterly accounts shall be collected and formed into one general account, to be presented by the Treasurer to the General Assembly in every year, within the first twenty days in each session, and to be examined and audited by a joint committee appointed by the Legislative Council and House of Assembly as heretofore. Governor may 8. It shall bo Competent for the Governor in Council SrnSSI^emOTt to direct from time to time which of the public accounts of office. gjiall be filed in the office of the Provincial Secretary, and in what form the books to bo opened thereat shall be kept, and also from time to time on the report of the Provincial Secretary to issue such orders for the more economical expending of the public moneys, by the taking of contracts after due advertisement, or by such other guards and pro- visions as may appear most judicious for the checking of any abuse and the more vigilant and faithful husbanding of the public moneys. Duties of Com- 9. The Commissioner of Public Works and Mines shall pnwte'woAs perform all the duties required of him in the Chapters and Mines. relating to Miuos and Minerals, and in addition thereto shall be invested with the legal title to and have the superintendence and management of the Provincial Build- ing and grounds, the Nova Scotia Hospital for the Insane and grounds, and all other buildings and property belong- TITLE III.] CERTAIN PUBlilC OTFICEBS. '99 ing to the Province and now under the care or manage- Chap. 14. ment of such Commissioner of Public Works and Mines, — or which may be placed under his care by the Provincial Government. 10. The Governor in Council may make such regula- Governor in tions for the superintendence and management of the SXre^a^I- public works mentioned in the next preceding section *'»■'*• ■as may seem judicious ; provided that no greater ■expense is incurred for such superintendence and manage- ment than has been heretofore sanctioned or granted by the Legislature. Such regulations shall be laid before the Legislative Council and Assembly within ten days after the ■opening of the next session after they shall be made -, and 'they shall be subject to the revision of the Legislature. 11. The Governor may cause a cash account to be Governor may opened at one or more of the banks in the City of Halifax, St "^th^oity and may borrow and receive from such banks such sums TOw''mon''ey ^"^ of money as may be necessary for the use of the Province, in such amounts as may from time to time be required, under such conditions and upon such terms, stipulations and agreements for the payment and re-payment of such moneys, and for the management of such accounts, as by the Governor in Council may be established, prescribed ■and directed, with the consent of the directors of the banks ; or otherwise may borrow and receive from any May borrow •other persons, corporations, or companies a sum not toion™&c!'"^°'^" •exceed one hundred and twenty thousand dollars at the Amount limited, lowest interest at which such loan can be effected. 12. The money may be drawn for and received from Moneys— iiow time to time in such sums and under such restrictions and regulations as may be prescribed by the Governor in Council, with the consent of the lenders thereof. 13. For the repayment of all moneys borrowed under |"Wio funds, this Chapter, and for the final payment and discharge of repayment the balance which shall be remaining due and unpaid on the final closing of such accounts with such lenders, with interest, the public funds, moneys and credits of this Province are hereby pledged and rendered liable. 14. An account of all sums received, paid, borrowed or Aooount and repaid under this Chapter, with the dates of the receipts, had^befor^i^-s- payments, loans and repayments respectively, shall be laid ^»''"*- before the joint committee of the Legislature appointed to examine the public accounts, together with the drafts and vouchers relating to the same-, at each session. 100 boundaries op counties. [part i. Chap. 15. TITLE IV. OF COUNTIES, DISTRICTS AND TOWNSHIPS, AND THEIR OFFICERS. CHAPTER 15. OP THE BOUNDARIES OF COUNTIES, DISTRICTS AND TOWNSHIPS. Boundary lines , 1. The boundary lines of counties, district? and town- conftrmed. ships, are Confirmed as at present established. When lines un- 2. Whenever it shall be made satisfactorily to appear certain, governor to the Govemor in Couucil that the lines and bounds of majr or er sur- ^^^ county, district or township, are uflcertain and require to be run out ; or where the traces of such lines or bounds have disappeared, and it shall be necessary to establish the same anew ; it shall be lawful for the Governor in Council to authorize the Commissioner of Crown Lands to appoint a surveyor to perform such work, and to set up permanent marks and boundaries upon such lines. irotice to castos 3. Before such surveyor shall proceed to perform that 4o^ before sur- ^y^y^ notico shall be giveu by the Commissioner of Crown Lands or the surveyor to the Custos of each county or district ; and at any general or special sessions thereafter Sessions.dutyof. to be holden, such sessions shall nominate one or more persons to represent the interests of such county, district or township, in determining the true course of such county, district or township lines, and the fixing the necessary Cost ot survey, marks and bounds thereof, who shall make and return a plan how paid. thereof. Expense of ^' ^^^ '^^^^ °^ s"°^ survev shall be paid out of the nominees, proceods of the crowu lands. UMh^wde-* 5. The expenses of the nominees for each county, dis- •ided. trict and township, shall be a county charge. 6. The award of the maiority shall decide the line, and in case of no majority, the same shall be decided by the Commissioner of Crown Lands. TITLE IV,] GUSTOS AND CLERK OF PEAc(b. ^ 101 ^^ Chap. 16. CHAPTER 16. : OF GUSTOS AND CLERK OP THE PEACE. 1. The Governor in Council shall appoint the Custoa oustos, how ap for each County and District in the Province. pointed. 2. Clerks of the Peace shall be appointed by the Custos oierks of Peace, of the County or District during pleasure, and shall be aSIswS^i!'*"' sworn into office by the Custos or a Judge of the Supreme Court. 3. Upon the vote of a majority of the Sessions, the vacancies provi- office of the Clerk of the Peace shall become vacant ; and flued."'*" °^ upon the neglect or refusal of the Custos to make an appointment within one month after such vacancy shall have happened, the Governor in Council shall appoint ; but Clerks of the Peace shall continue to hold office until Durationot their successors are appointed. °"™" 4. Every Clerk of the Peace shall cause to be en- Book of mies, grossed in a book, kept for that purpose only and properly Be3sions!4c° indexed, all rules, regulations and orders of the Sessions in force, or such as may be made, with their dates respec- tively, which book, together with all other papers and records of the Sessions, shall be open for inspection at all reasonable times. 5. Every Clerk of the Peace shall annually, on or Eetum to Pro- before the tenth day of January, return in triplicate to ^"""* «oietary the Provincial Secretary 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 appro- priated, with the names of all offenders, under a penalty penalty for ne- of twenty dollars. k'^"*- 6. No Clerk of the Peace shall receive any fee for the ifofeesexoeptm duties of office except in cases of licenses only. '^*°° "*°^°" 7. The Clerks of the Peace in the several counties or May appoint districts, with the consent of the Custos, may appoint *^° '^' deputies to act for them an case of sickness (^r temporary absence, for whose conduct the principal shall be respon- sible ; and all deputies so appointed shall have the same powers vested in them for the time being as by law are vested in the principal, and their acts shall be equally valid. 8. When it is brought to the notice of the Governor in J^^j^^JJ,"* Council by the Custos of any County or District that ho is Government unable to make out a Roll of the Justices of the Peace jjfsti^" tJT'pl-o- for such County or District on account of the loss of the ^"j^iong"^ '^°"' Roll or from other sufficient cause, the Governor in Council shall, by notice in the Boyal Gazette, call upon the Justices of the Peace in such County or District to produce their 102 GUSTOS AND- CLERK ®P PEACE; [PAET R Chap, 16. Commissions and qualifications to the Clerk of the Peace- for such County or District, at a date to be fixed by the Gov- ernor in Council. A notice shall also be posted in eacli polling district in such County or District by the Clerk of the Peace ; and the Cle-rk of the Peace- shall enter the- names of such Justices, with the dates of their Commis- sions and qualifications ; and the names on such Roll shall constitute the list of Justices of the Peace for such County or District. Government to 9. It shall be the doty of the Governor in Council to. meSt^roSr^'. furnish parchment rolls to the Clerk of the Peace for such County or District where such rolls have become lost or for other sufficient cause ,- and the Clerk of the Peace for such County or District shall cause the names of the Justices of the Peace for such County or District to be- entered on such parchment rolls as in the eighth section provided. cieik of the 10. The Clerk oi the Peace shall be entitl'e^J to receive^ f^ to receive ^ f^^ ^f tweuty-fivc cents from each Justice o-f the Peace- for such services. .Tiistice called ^^' When a Justicc of the Peace called upon to produce upon to produce bis Commissioner qualification under the provisions of the bein? lost, shall eighth sectiou shall not be able to produce his Commission- ^dlX^^'^ by reason of the same being lost or mislaid, his name shall be entered on the roll on his making and filiag with the Clerk of the Peace an affidavit in the form and to the effect of that in Schedule A ; and such affidavit shall be sworn before any Justice of the Peace. SCHEDULE A. I, A. B., of , in the Couaty of , Esquire, do swear that I was duly appointed a Justice of the I'eace for the said County of , in or about the year one thou- sand eight hundred and ; and that I was duly sworn in as such Justice of the Peace: that I have acted, since I was so sworn in, in the capacity of a Justice if the Peace- in such County ; and I further swear that I have never been dismissed or discharged from the Commission ; and I lastlj' swear that the Commission in which I was named and appointed has been lost or mislaid ; and that I am a Justice of the Peace in aiad for the said County. title iv.] sheriffs. 103 Chap. 17. CHAPTER 17. OP SHERIFFS. 1. The Chief Justice and a Judge of the Supreme sheriffs-how Court selected by him, or in the absence of the Chief ^ppo'"'^'*- Justice any two Judges selected by the senior Judge pre- sent, together, in either case, with two members of the Executive Council, shall meet in Halifax during Michael- mas Term in each year, and select three persons tor each county, each of whom shall be believed to be qualified to fill the office of Sheriff, and not unlikely to act if ap- pointed. In case of disagreement a majority shall decide the, nomination ; and, if a majority cannot be obtained, the Chief Justice and Judges, or a majority of those present, shall make the nomination. Out of the three persons so nominated the Governor in Council shall prick one to servo for the ensuing year ; who shall reside in his county ; and who, upon giving security by bond as hereinafter men- tioned, shall receive his commission and be invested with the powers of office. 2. Within fifteen days after notice of appointment, the Bonds-how Sheriff elect shall transmit to the Provincial Secretary's *'™"'' office a bond for the discharge of the duties of his office, to be made to Her Majesty, himself in four thousand dollars, with two sufficient sureties, each in two thousand dollars, authenticated by the oath of a subscribing witness, which shall forthwith be laid before the Governor in Council, who shall, within twenty days, approve or disallow the same. In case of disallowance of the bond, the Sheriff elect shall ProcMdingin be notified thereof; and if, within a reasonable time in the does not send discretion of the Governor in Council, he shall not trans- Mrefuli ^"alst mit to the Provincial Secretary's office a bond which shall be approved by the Governor in Council, or in case the Sheriff first elect shall decline to aijt, or shall not transmit a bond as aforesaid, the Governor in Council shall prick another name from the list; and the person so selected shall be the Sheriff elect, and shall be notified and give security to the satisfaction of the Governor in Council in the same manner as in the case of the first selection; and in case of failure on his part, the person whose name remains on the list shall be the Sheriff elect, and shall in like manner be notified and give security to the satisfac- tion of the Governor in Council. If no one of the three persons in the list shall accept office and give security, the Governor in Council shall appoint a Sheriff who shall give satisfactory security in manner aforesaid. 104 SHERIFFS. [PART 1. When bonds approved of Sheriff to be commissioned and old Sheriff discharged. Sureties — their liability— may be relieved— proceedings if Sheriff tail to substitute others. Chap. 17. 3. So soon as the bond of a Sheriff elect shall have been approved, it shall be deposited in the Provincial Secre- tary's office, and be then registered ; and in case the origi- nal shall be lost or mislaid, a certified copy shall be receiv- able in evidence. Immediately after the approval of his bond, the Sherifi^' shall be commissioned ; and then, but not before, the preceding Sheriff shall be discharged from his office and its responsibilities, and his sureties from their liability. 4. The Sheriff's sureties shall be liable under their bond until he shall be legally discharged from office, although the period may be longer than one year : but they may at any time pray the Governor in Council to relieve them ; and if, upon being required, the Sheriff shall fail to sub- stitute other and approved security within one month, the Governor in Council shall remove him from office, and ap- point a Sheriff in his stead for the remainder of the term of office, on his depositing satisfactory security as afore- said. 5. The name of the Sheriff in office may be retained on the list for selection by the Governor in Council ; and he may be appointed anew to the office upon his giving bond in the same manner as in other cases ; unless a repre- sentation by a majority of the justices in session against him be filed in the Prothonotary's office at Halifax, before Michaelmas Term, or be transmitted to the Governor, in which case his name shall not be placed on the list, nor shall he be appointed or continued in office after Michael- mas Term. 6. In case of the death of the Sheriff, his permanent absence from his county, or his incapacity to perform the duties of his office, the Governor in Council shall commis- sion a Sheriff for the remainder of the term, to be selected from the list so nominated as hereinbefore provided, on his filing approved security as aforesaid, which shall super- sede and determine the previous appointment. .^ jj. ^ 7. Any person selected and nominated to the office of wi&out satistac- Sheriff, who shall refuse to accept the office, or shall fail tory reasons. ^^ ^j^^ Satisfactory security, shall forfeit two hundred dol- lars ; unless reasons for so refusing or failing shall be given to the satisfaction of the Governor in Council. 8. Before entering upon his duty, every Sheriff shall subscribe the following oath : Sheriff may be reappointed. Proviso. In case of death absence, &c. Penalty for refu- Bce, &c.. Form of oath to be taken before entering upon duty. " I, A B, do solemnly swear that I will truly serve the Queen in the office of Sheriff for the County of , and promote Her Majesty's profit in all things which belong to my office, as far as I legally can. I will truly, to the best of my skill and judgment, execute the laws TITLE TV.] SHERIFFS. 105 and statutes of the Province, and will in all things act Chap 17. uprightly in my office for the honor of the Queen and the — good of her subjects." 9. If any Sheriff delay more than two months after his Penalty for not year of office expires to render an account on oath to the SSnfof^forfeit- Provincial Secretary of all forfeitures and debts of the ""' *"' Crown, levied by him, with the names of parties paying, he shall forfeit eighty dollars to the use of the Crown. 10. Any person injured by any act or omission of a ^V^^ ™^'* °° Sheriff, may sue on his bond in the name of the Queen, and be entitled to the proceeds with costs. The defen- dant shall be entitled to costs if judgment be given in his Costs. favor ; but no action shall be brought upon the bond until Proviso, judgment shall first have been recovered against the Sheriff. 11. In an action brought against a Sheriff, jailer or in action for es- other officer for an escape under an execution in a civil h^ndto^atoi suit, the jury shall not be bound to find for the whole Jg'l,^^^ ™°'"'"'' 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 circum- stances of the case, unless it shall appear on the trial that the escape was connived at, or the officer guilty of gross negligence ; and in no case shall they find for more than the amount for which the prisoner was committed. 12. Sheriffs shall return all writs to them directed with writs, how re- the amount of their fees thereon endorsed, and the several items thereof specifically set forth ; otherwise the same shall not be taxed or recoverable. Sheriffs shall indorse upon every writ returned by them an account of their doings thereon, and when and how executed, and the amount collected on all writs of execution. 13. All actions against Sheriffs must be brought within ^'JPJ^*'™"' three years from the accruing thereof. 14. No Sheriff or deputy sheriff shall hold a commis- Not to be a jus- sion as justice of the peace; and all such commissions '"'^°''°'*^' held by Sheriffs or deputy sheriffs are hereby declared null and void. 15. Any Sheriff or deputy sheriff .acting as a iustice Penaity-how of the peace in violation of this Chapter, shall for each offence forfeit the sum of eighty dollars, to be recovered by any one who will sue for the same aa a private debt. 16. The Governor in Council, with the concurrence of How removed the Chief Justice and a Judge of the Sufireme Court, may '™"" °*™- remove any Sheriff from office for neglect of duty or misconduct in his office, and appoint and commission another Sheriff in his place for the remainder of the term, who shall give security for the performance of his daty as by this Chapter required for Sheriffs. 106 CORONERS. [part I, Chap. 19. CHAPTER 18. OF PR0TH0N0TABIE8 AND CLERKS OF THE CROWN. Appointments, how made. Prothonotaries to make return of fees on oath. Prothonotaries. &c.. to give bonds. Country Pro- thonotaries to act as Clerks of the Crown, 1. The Governor in Council shall appoint and commis- sion one person to be Prothonotary of the Supreme Court and Clerk of the Crown in every county, as vacancies shall occur. 2. The Prothonotaries shall on or before the first day of February in every year make returns under oath into the Provincial Treasurer's office of the fees received by them. 3. The Prothonotaries and Clerks of the Crown to be appointed as aforesaid, shall give bonds in such sums and with such securities as may be directed by the Governor in Council, conditioned for the performance of the duties of their office. 4. The Prothonotaries throughout the Province shall issue subpoenas in crown cases, and perform all such other duties as may appertain to the office of Clerks of the Crown. CHAPTER 19. OF CORONERS. Coroners, how appointed and sworn. Inqoisitions, when and how returned. Clerk of crown to file without fee and give cer- tificate. Juries, how summoned. Inquisitions may be held on Bun- day, Fee for inquisi- tion, how drawn and appropri- ated. 1. Coroners may be appointed by the Governor in Council, and shall be sworn into office before a Judge of the Supreme Court or the Gustos of the County. 2. Coroners shall return their inquisitions to the Clerk of the Crown for the county, at or before the then next sittings of the Supreme Court. The Clerk shall file the same without fee and give the Coroner a certificate con- taining the date of the inquisition and the date of the filing of the same. 3. Coroners shall, either personally or by a constable furnished by them with a precept, summon a jury of the inhabitants of the county to attend inquisitions when requisite at a time and place appointed ; and if necessary may hold inquest on a Sunday. 4. Upon the certificate of such Clerk of the Crown being filed with the Provincial Secretary, he may draw a warrant on the Provincial Treasurer in favor of the Coroner for ten dollars in full for each inquisition, two dollars and forty cents thereof to be paid to the Jury, and fifty cents to the constable, for their fees. TITLE rv.] CORONERS. lOT &. Medical men examined before a Coroner's Jury shall Chap. 19. be entitled to five dollars each, to be paid by the county, pee for medicat together with travelling fees, at the rate ot five cents per "«"•*<=■ mile ; but no such charge shall be made unless the witness shall be called by the direction of a majority of the Jury, and such charge shall include a post mortem examination if made. Before any claim on a county for such charges shall be allowed, a certificate from the Coroner that such examination was required by a majority of the Jury shall be produced. 6. If there be any further necessary or extraordinary Extra charge, charges on an inquest or burial besides those mentioned in the preceding sections of this Chapter they shall be de- frayed by the county or district. The County or District 8tet»tes amend- Treasurer shall pay the same immediately upon the pro- duction of the certificate of the Clerk of the Grown, such charges having been first duly attested to by the Coroner before a justice of the peace as being reasonable and hav- ing been necessarily incurred. 7. If any grand jury neglect or refuse to make a pre-if grang up the assessment roll. 77. Every Clerk of the Peace in the Province shall, not later than thirty days after the adjournment of the Court of General Sessions, make a return to the Provincial Secretary's office from the assessment rolls, of the total valuation of taxable property in the county or district over which his duties extend. 78. The estate of a deceased person in the hands of his executors or administrators shall be liable for county rates assessed on such estate in his life-time and due at the time of his death, and such estate may be levied on and sold for the payment of such county rates under a warrant to be issued for such purpose by a justice of the peace for the county in which the estate is, which warrant shall be directed to and executed by a constable of such county ; and the proceedings on such levy and sale shall be the same as in case of ordinary defaulters ; and, where there is no administrator of such deceased person, or where his will has not been proved in the Court of Probate, the estate of such deceased person may be levied on and sold, wherever found, in like manner. The demand for such rates shall be made on the executor or administrator if any, or if there be no lawful executor or administrator, at the last place of abode of the deceased. TITLE- IV.] COUNTY ASSESSMENTS. 125 79. It shall be the duty of assessors to assess all the Chap. 21. rateable property belonging to any association, company, Dutyofassess- or firm, in the name of the association, company, or firm, "rs- and not in the name of tho agent or of any single member ; and, in assessing such property, it shall be the duty of the assessors to have regard to the boundaries of school sec- tions, and in every case to return with their valuation of snch property the name or designation of the school sec- tion in which it lies ; and, whore the same association, company or firm holds property in two or more school sec- tions, to specify distinctly their valuation of the portion in each, also of the portion, if any, not included in any school section. 80. If at any time the assessors neglect to carry out Asseseors ne- the provisions of the next preceding section the Clerk of s'®"'"^- the Peace shall, on the request of any school trustee, refer the roll back to the assessors for amendment or correction, if it shall appear to such Clerk of the Peace that there is likely to be any defeat of the law relating to public schools owing to such neglect on the part of the assessors. 81. Hereafter ships or vessels on the stocks in course Exemptions. of construction and the timber and materials in any ship yard used or to be used in their construction shall be exempt from county rates to the extent of half their value. 82. Assessors, collectors, and county, town and d is- Assessors «)i- trict officers under this Chapter shall be sworn into office ofBceis snaii be by any justice of the peace for the county or district ?,7J"iJ°*° "'^"^ where such officers reside, who shall without fee make a record thereof, and shall, within forty days from the time of such swearing into office, forward a certified list of such officers so sworn as aforesaid to the Clerk of the Peace of slich county or district, who shall file the same. 83. If any justice of the peace shall refuse to swear J. p. refusi^ to any of the above officers into office when thereunto re- t^forfeft''$2o.oo. ^quired, or shall neglect to certify or forward the said list ^ito the Clerk of the Peace as in the next preceding section [^directed, he shall forfeit twenty dollars. I y84. Persons residing in one district and owning property ^bi? Ln'^'district ^in another district of a county may be assessed for the where situate, i same- in the district where the property is situate; and Mnotice of such assessment transmitted by post shall be Notice. I deemed a sufficient notice. "^ 85. In case it shall appear that an assessment has been correction of X) -. j-i-i ii iii-iii srror '" name on ^ made in any district upon any person not legally liable to assessment rou. pay the same, it shall be lawful for the assessors, Custos, or Clerk of the Peace to substitute the name of the proper person in place thereof, who shall be liable to pay th& same as if his own name had been originally entered on the assessment roll. 126 COUNTY ASSESSMENTS. [PART I. Chap. 21. 86. The warrant of distress for non-payment of Warrant of dis- countj rates may be levied and enforced on any property ti'^I'Mwhat owned by the delinquent in any district in the county. Property trans- 87. In caso of any transfer of property the assessment under "x'^utio shall be payable by the assignee or occupier ; and, in case first liable for as- of property taken under execution, or any other process sessment. ^^ law, the Same shall 'bo first liable for any assessment which may be due and payable thereon, and payment thereof enforced; and the SheriflFor other officer shall be bound first to pay such assessment out of the proceeds of sale. Before assess- 7^ 88. The assessment of all coal mining and other joint "^entaTf raai stock Companies shall be made as follows : — Before the and^ other com-^ assossmeut for the whole county shall be made up by the vaiueat which asscssors they shall notify in writing the resident agents Satld!''it they of the Several coal mining and other joint stock companies aSirai'n™ifr- in 8"°h county of the value at which they estimate the teen days state- real and personal property of such companies, and require oathof actual such ageuts, if they object to such valuation, to severally value. furnish to such assessors, within fourteen days from the dates of such notices, written statements, under the oaths of such agents, of the actual value of such real and per- sonal estate of such companies, not including any iindis- turbed minerals. After service of the notices upon such agents, fourteen days shall be allowed them to furnish such assessors with such written statements under oath of the actual value of the real and personal estate of such com- Besident agent pauies. The term "resident agent" in this section and defined. ^j^^ following sectious shall be held to mean the principal agent of the company resident in this Province or the person (if any) duly registered as agent. Such sworn 89. Whenever the resident or registered agent of any ld^^aTsLM?r.''such coal mining or other joint stock company in the county to be assessed shall deliver such sworn written statement to the assessors within such fourteen days, the assessors shall adopt the valuation sworn to ; and such Appeal. valuation shall be binding, subject only to an appeal by the Clerk of the Peace on behalf of the county to the General Sessions of the Peace or to any Special Sessions called for the purpose of hearing appeals and therefrom if necessary to the Supreme Court. If no such state- 90. Should such swom Written statements not be valuaSon""* fumishod withiu such fourteen daj'^s by such agents, the adopted. asscssors sball proceed upon their own original valuation ; and such valuation shall then be binding, subject only to appeal to the Court of General Sessions of the county. vaoanoiesin as- 91. Whenever the General Sessions of the Peace shall fluldf'''*''' neglect or omit to appoint assessors or collectors under section seven of this Chapter, or if the persons appointed TITLE lY.] COUNTY ASSESSMENTS. 127 shall die, leave the Province, or refuse to act, then it shall Chap. 21. be lawful for a Special Sessions, called and summoned in the usual way, to fill such vacancies ; and the assessors or collectors so appointed shall have the same powers, duties and liabilities as if appointed by the Grand Jury and General Sessions. SCHEDULE A. All personal chattels of every kind and description at their actual cash value, except as qualified beneath. The average stock of goods on hand of every merchant, trader or dealer, manufacturer, tradesman or mechanic ; such average stock to be considered the mean between the highest and the lowest amount of goods on hand at any time during the year, and to be estimated at cost price. One-half the value of ships afloat, whether in the Pro- vince or elsewhere. B. Assessment roll for the Township [or Districf] of . Name of tax- able party. Value of Eeal Estate within the County. Value of per- sonal Estate within the County. Whole taxable property. District in which pro- perty is. Amount assessed in different Towu8hii)s. A. B. CD. E. F. G. H. Non-resi- dents' land within the Township l^or District], per list. S2400 400 S800 1500 800 200 $3200 1900 800 200 Township of A B C $1000 1400 800 Assessment roll of non-residents' lands within the Town- ship [or District] of ^. Same of taxable party if known. Kumber of acres or thereabouts. Pescription of lot sufficient to identify it. Value of land. J. R. 500 300 A lot of land situate to the 8800 Unknown. ing thereon on the East [or such other description as may identify it ] A lot of land originally granted to A. B.,[or mch other description as may identify it.] 5200 128 Chap. 21. COUNTY ASSESSMENTS. [part I. Collector's Roll for County Rates for the Township [or Districf] of . Name ot taxable party. Poll tax Taxable property. Bate payable thereon. Total Tax. A.B. 25 cents. 83200 00 81 60 81 85 CD. 25 " 1600 00 80 1 05 E. F. 25 " 800 00 40 65 G. H. 200 00 10 10 Non-residents' land. 6000 00 3 00 3 00 Collector's Roll for County Rates for the Township [or District} of , Kame of taxable party, if known. No. of acres. Description of lot suffi- cient to identify it. Value of Land. Total levj'. J.H. Unknown. 500 301 (Copy the descrip- tion from the certified roll, or give other suf- iicient description of it.) (Copy as above.) 8800 00 5200 00 40 cents 82 60 You are hereby required to collect three dollars, the tax as specified in the within roll, and to pay over the same to the County Treasurer within days here- from. Dated at , the day of , A.D. 18 — . A. B., Clerk of the Peace. To C. D., Collector of County Rates for above District. E. To all to whom these presents may come : I, A. B., Sheriff of the County of , send greet- ing : Whereas, C. D., of , in the County of , on the day of the date hereof, bought for the sum of — the lands hereinafter described, at a public auction held at , under the provisions of Chapter Twenty- One of the Revised Statutes, "Of County Assessments"; TITLE lY.] COUNTY ASSESSMENTS. 129 And whereas, upon such sale the said C. D. paid the pur- Chap. 21. chase money : '- '— Now know ye, that I, the said SheriflF, in consideration of the sum of , so paid to me as aforesaid, have granted and conveyed, and by these presents do grant and convey to the said C. D., his heirs and assigns, all that [here describe the land.'] In witness whereof, I have hereto set my hand and seal at this day of , A. D. 18—. F. Form of general warrant of distress. Countv of ) '^^ ^' ^' °°® °^ *^® constables f'or C. ^ > D. one of the collectors) for the ) Township of . "Whereas by a rate and assessment made in conformity with law, the persons named in the Schedule hereunto an- Form of general nexed have been assessed for county rates for the year ^''""''' ending the day of ; and whereas it appears to me, one of the Justices of the Peace for such County upon the oath of C. D., one of the collectors for such town- ship, (or of you the said C. D. a collector as aforesaid) that the several sums for which they have been assessed have been demanded from such persons respectively, and that the sums set opposite their names in such Schedule remain unpaid : these are therefore to require you forth- with 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 proportion of justice's and constable's (or collector's) fees and the necessary charges of taking and keeping the distress be not paid by each of them respectively, that then you do sell the goods and chattels of such of them as shall not have paid such sums with fees as above mentioned, and out of the moneys arising from such sale you do forthwith pay over the sums so due by them respectively to the Treasurer of such County, together with the justice's and constable's fees, if any ; 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 de- ducted ; and if no such distress can be made, that then you certify the same to me, and of your doings under this warrant make due return to me within days after the date thereof. Given under my hand and seal the day of A. D. 18—. 9 (Signed) 'J. P. (seal.) 130 JAILS AND OTHER COUNTY BUILDINGS. [PART I, Chap. 22. G. Assessor's oath. I, A. B., do swear that I will well and faithfnlly perform the duties of my office as Assessor for the district ot , in the County of , under the laws of this Province^ to the best of my ability. So help me God. CHAPTER 22. OF JAILS AND OTHER COUNTY BUILDINGS. Jai]0> court houses and. session houses, how erected and repaired. Spirituous liquors forbidden ■within jail limits. Penalties for a second convic- tion. Prosecution to he by clerk of license. Liquors when prescribed medi- cally may be furnished. Exceptions where houses within the limits. Jail limits and yards, as well as the conduct of sheriffs and officers, to be regulated by supreme court. 1. County or district jails, court houses and session houses, may be erected and repaired by order of the grand juries and sessions in the respective counties and districts. 2. If a jailer or other person shall sell or deliver or permit any person to sell or deliver to any prisoner or other person any spirituous liquors in any jail or jail yard, or within the limits of any jail, or in any room or part of a house or building where a jail is kept, or shall bring or suifer such liquors to be brought therein to be used by any prisoner there, such person shall forfeit a sum not exceeding twelve dollars. 8. Every jailer, on a second conviction . therefor, shall, in addition to paying a second fine, be disqualified for office and be forthwith dismissed. 4. Prosecutions shall be in the name of the clerk of the licenses for the county or district ; and on information given him it shall be imperative upon him to sue for sueh fine. 5. Nothing herein contained shall prevent the intro- duction of liquors for sick persons being in jail, when pre- scribed in writing by a physician. 6. If the limits of a jail extend beyond the jail yard and include any house or. building other than the jail, nothing herein contained shall extend to such limits, un- less as respects delivering or carrying such spirituous liquors to prisoners confined within such jail or the limits thereof. 7. The Supreme Court in the different counties slfall from time to time make and publish rules and orders for fixing and ascertaining the limits and boundaries of jail yards, and for directing and controlling the conduct of sheriffs, jailers and officers having the charge or custody of prisoners, and for their safe keeping and. protection. TITLE rV.] TOWNSHIPS AND 'OFFICERS. 131 8. The justices in sessions may make orders for the Chap. 23. regulation of county buildings and for the internal regula- ordera touchin tion of <50unty or district jails, for the guidance of jailers ?«"°'ybuiidiiigs. and othrer subordinate prison officers, and for the comfort sma pnTOntra, and control of prisoners ; but the same shall not extend to S?^ in'L?tain interfere with or aifect the security of prisoners there con- '^^^*- fined, nor the custody or control of the Sheriff over hig prisoners, nor to lesson his responsibility for their safe keeping. 9. The justices in session, with the assent of the grand sessionsmay jury, may regulate the salary of jailers and subordinate ISees.^* prison officers, and may regulate or abolish the payment by prisoners of fees. 10. Certified copies of all such orders shall forthwith orders may be thereafter be furnished by the Clerk of the Peace to the aSoweVby"^" Prothonotary of the county, and thereupon the Supreme supreme com-t. 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 Ja" regulations the jail regulations posted in some conspicuous part of the ^'°' "''■ building, and the Clerk of the Peace shall furnish him therewith upon demand. 12. All persons arrested under warrants of justices of Persons arrested the peace, charged with offences within the jurisdiction of be confined iS-"^ such justices, may be confined in Lock-up Houses either TOnvfctfon"^" before or after conviction. 1-3. The sessions in any county or district, on the ^^^'f?^*"^?' TX)int KGGDCrs 01 recommendation of the Grand Jury, shall appoint keepers look-ups. ■of such Lock-up Houses who shall be responsible for the safe custody of prisoners. CHAPTER 23. •OP TOWNSHIPS, CERTAIN COUNTY AND TOWNSHIP OFFICERS. 1. The boundary lines of townships, wherever the Boundaries ot . 1 iii-ij n 1 townships con- same have been established, are conhrmed. Armed. 2. The Grand Jury for each county, when required by surveyors of the Court of General Sessions, shall nominate out of the ^^nte^d'^their res.pective townships within the county, or any of them, '^"'*'^- six persons, of whom the justices shall appoint three to be surveyors of lines and bounds of such townships, who shall survey, examine and ascertain the lines and bounds of such townships in such manner as the Sessions shall direct ; and the lines of townships so surveyed when confirmed by the Sessions shall be binding. 132 TOWNSHIPS AND OFFICERS. [part X. Chap. 23. Town olBcers, how nominated and appointed. Buvveyors of highways, how appointed in cases of omission of sessional Officers to be sworn in ; fines for certain offences. Vacancies, how filled. Custody of town plans, grants, &c., provided; fee for inspec- tion. Constables, how appointed. Special con- staWeB, when to be a] and 3. The grand juries in the several Sessions of the Peace shall annually nominate such number of persons for town officers as the justices shall direct, 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 of highways or other usual county or township officer for any particular district, any two justices of the peace of the township or settlement may make such appointment. 5. The officers so appointed shall be respectively sworn to the faithful discharge of their duty before entering thereon, by any justice of the peace for the county or district where such officers reside, who shall without fee make a record thereof, and shall, within forty days from the time of such swearing into office, forward a list of such officers so sworn as aforesaid to the Clerk of the Peace of such county or district, who shall file the same. Upon refusal to accept office or neglect to be sworn in within fourteen days, or misbehaviour therein, every such officer for each offence shall forfeit eight dollars; and if any justice of the peace shall refuse to swear any of the above officers into office when thereunto required, or shall neglect to certify or forward such list to the Clerk of the Peace as in this section directed, he shall forfeit twenty dollars. 6. If any person so appointed shall die or leave the township during his term of office, or shall not perform the duties thereof, auy three justices may nominate and return a list of three persons to the Custos of the county or district, one of whom shall be selected by the Custos to fill such vacancy. The Custos shall return such list with his selection to the Clerk of the Peace, who shall imme- diately notify the person selected of his appointment, and the person so appointed shall be subject to the same duties and liabilities as in ordinary cases. 7. All plans, grants, title deeds and conveyances, be- longing to any township, or in which the proprietors have a common interest, shall be kept in the custody of the clerk of such township, who may recover possession there- of in an action in his own name ; and such documents shall be open for inspection to any person on payment of a fee of ten cents. 8. The Sessions for the County of Halifax are author- ized upon the recommendation of the Grand Jury, to ap- point constables to attend upon the Sessions and the Su- preme Court within the county, in the same manner aa other town officers are appointed. 9. In case of riot, tumult, or disturbance, or illegal acts of any kind, accompanied with force or violence, or of TITLE IV.] TOWNSHIPS AND OFPICEES, 133 a just apprehension thereof, if in the City of Halifax, the Chap. 23. Mayor and any three of the aldermen, and if elsewhere in ■ the Province, any three of Her Majesty's justices of the peace may, by writing under their hands, appoint any number of special constables to assist in preserving peace and order. 10. Such special constables shall, within the City, be By whom direct- under the direction of the Mayor or alderman acting as o^andcontaoM- Mayor; and if elsewhere, under the direction of the senior magistrate who has signed their appointment. 11. In the City, the Mayor or any alderman, and else- By whom to be where any justice of the peace, ma}' swear in such special ™°™- constables to the faithful discharge of their duty. 12. The appointra^ent of such special constables shall Duration of ap- continue in force for the period of fourteen days from the ^"'^ "^ ' date of such appointment, unless sooner revoked by the Mayor, aldermen, or justices by whom they were appointed. 13. In case of disorder or disturbance which may Disorder, or dis- occur at any public meeting or assemblage of persons, the preheS8io°noT Mayor or any alderman if in the City, or any justice of f* p^^ie meet- the peace if elsewhere, upon the request of the chairman of such meeting, or of three or more freeholders, may verbally appoint and swear in special constables, who shall aid in restoring and preserving order and peace at such meeting or assemblage. 14. Any person who may be appointed a special cop- constables, re- stable under the last five sections, and shall neglect or re-'"^'"^ fuse to be sworn into ofiSce, shall be liable to a penalty of eight dollars. 15. The Grand Jury and Sessions may appoint one or Appointment more police constables to act for the preservation of the *°^gP^^5|^g°'P°'''* public peace and order, and for the enforcement of the laws against crime, vice and immorality in such townships or districts as they shall see fit, and may make regulations as to the duties to be performed by them, and may provide for their remuneration by salary or otherwise. 16. The funds necessary for such purpose shall be Funds, how raised by assessment upon the districts wherein such offi-'^*'''"*- cers are appointed, in the same manner as poor and county rates. 17. Any person who shall by force resist any constable Protection of. or special constable in the execution of his duty, shall be subject to a penalty of not less than two dollars and not more than twenty dollars, to be recovered, if in the City, on conviction in the police court, and if elsewhere, before any two justices of the peace ; and, on non-payment, the offender shall be committed to the jail of the county for a period not exceeding thirty days. 134 TOWNSHIPS ASD- OPPlCEES. [part !► Chap. 23. Justices in session in any county may appoint a dtiief constable. Such constabla- t3 give bonds before entering upon tris' duties. Powers and duties of chief constable. All constables of the county to assist chief con- stable when re- quired. 18. The justices in session in any county may annually appoint a Chief Constable for such county, and fix a salary of not less than one hundred dollars a year, to-be paid to. him out the County Treasury. _ 19. Before entering upon the duties of his oflflce he shall give a bond to Her Majesty in the sum of two thou- sand dollars, with two sufficient sureties, for the faithful performance of the duties of his office. 20. Such Chief Constable shall have power, and it shall be his duty to s«rve and execute all process issued by justices of the peace in civil and criminal matters, and to execute all warrants for county, poor and school rates, to him delivered to be served or executed ; and he shall have power to perform all acts and duties now incumbent on constables in criminal and civil cases. 21. All constables of the county, when so required by the Chief Constable, siiall be obliged to assist him in tb& performance of his duties ; and any constable refusing to so assist him, without reasonable and just excuse, shall b& liable to a fine of not more than twenty dollars, to be recovered as an ordinary debt before any two justices of the peace for the County in the name of the Chief Con- stable. 22. The Chief Constable shall have authority to appoint one or more deputies under him, and to remove sucb deputies and appoint others in their stead at pleasure ; and such deputies shall have the same authority to serve and execute process as the Chief Constable has under this Chapter ; and the Chief Constable shall be responsible for the acts of his deputies in serving and executing such process. 23. In every county in which such Chief Constable c^ounto shall have been appointed, there shall be paid to the justice chfef'^Mtobie'' 'ssuing a Writ of summons, in addition to the fees now required by law, by the party suing in a civil suit,, where the amount sued for does not exceed twenty dollars, ten cents, and where the amount sued for exceeds twenty dollars, twenty cents, which shall be taxed as costs in the cause ; and every justice of the peace shall make a semi- annual return under oath, on the first day of June, and the first day of December in each year to the County Trea- surer, of the names of the plaintiif and defendant in every such suit, and the fees paid tc the justice under this sec- tion during the next preceding half year, and at the same iTothing herein time pay ovcr to the County Treasurer the sums to him contained to pre- go paid. vent other con- Jv ,,- , . , . • i i n stables from 24. Nothmg herein contamed shall prevent any other performing their i.,ir • i .• 11 usual duties, coflstable irom serving and executing any legal process or Chief constable may appoint deputies. Additional fees for issuing sum' mons in TITLE IV.] TOWNSHIPS AND OFPICEES. 135 from doing any other acts which before the passing oi this Chap. 23, Chapter he could lawfully serve, execute or do. 25. The Chief Constable shall be entitled to the same Pees. fees on service and execution of process as an ordinary constable. 26. No justice of the peace shall be appointed a Chief no j. p. cwef Constable. ■=""=**'""• 27. The Clerk of the Peace shall cause lists of all Usts of officers officers appointed at the Sessions for the several townships ^"^ or districts to be posted in at least three of the most public places therein within on« week from the close of such Sessions. 28. All such officers, except overseers of the poor, officers when to shall enter upon their duties on the twentieth day fpom ™'*' °° *"*'''^- the first day of the sessions ; and the old officers shall serve up to that time. Overseers of the poor shall take office at the time now by law provided for the holding of the first town meeting after their appointment ; and their predecessors shall discharge their duties of office until then. 29. Surveyors of highways shall be indemnified by the surveyors m- county in cases where they may bring actions under the ^""* written authority of two justices of the peace against persons neglecting or refusing to perform their statute labor. 30. All town officers shall be eligible for re-appoint- officers eligible ment annually and may serve in one or more offices. ment"^^™* ' 31. Surveyors of highways shall make their returns to surveyors of the Clerk of the Peace at least twenty days before the Sfkr^turns. meeting of the Sessions, under penalty of two dollars for each default. 32. The justices in session may fix the rate of the Justices to ax County Treasurer's salary, not to exceed five per cent, on treasurer. °"™ ^ the amount of moneys received by him, unless the Grand Jury grant an additional sum. 33. In cases where the duties of town officers are not where duties not now defined by law, the justices in session shall have power may deternune. to determine the same. 34. Persons required to be sworn into office under this I'orm ot oath. Chapter shall take and subscribe the following oath or one to the like effect : " I, A. B., appointed to be , do swear that I will well and faithfully perform the duties of the office to the best of my skill and ability" ; which oath shall be filed with the justice administering the same. 35. For the purposes of this Chapter the words Definition of " township'' and " settlement'' shall extend to and include *^""'' counties or districts, if the context shall require such construction. 136 impounding cattle — fences. [part i. Chap, 24. CHAPTER 24. OF FENCES, FENCE VIEWERS, AND IMPOUNDING OF CATTLE. Fences, ho» 1. All fences of enclosed lands shall be btiilt of stones, constructed. pickets, boards, logs, poles, brush, or posts and rails, unless the lands are bounded by ponds, unfordable rivers, or the sea, or surrounded by sufficient hedges. Height of fen- 2. Such fsnces 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 high. Damages by 3. If any damage be done by horses, sheep, goats, whonirecOTered. swine, or Cattle, breaking into and destroying Lhe product of such enclosures, the same being enclosed at the time with a sufficient fence in the judgment of the fence viewer, the owner of the animals trespassing shall pay to the party injured the value of such damages. Of the appraise- 4. The damages shall be ascertained by an appraise- "*°'" ment of three persons living in the neighbourhood, being first sworn before a justice truly to value the same, who shall be entitled to a fee of twenty-five cents each. Damages recov- 5. If the owner refuso to pay the amount appraised and tk^'^*"""" s"^'^ fees, upon notice thereof, the party injured may main- tain an action therefor as for any other debt. Partition fences, 6. The proprietor of a field adjoining another enclosed diflerenoes.^iiow ^ud improved, shall build and maintain his proportion of adjusted. fencing on that part of such land which adjoins his own ; and in case of neglect so to do, after three days' notice to that 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 makings or repairing such fence, to be re- covered by the fence viewer, with costs, as any other debt. If adjoining proprietors difi'er 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 feuce viewer shall be allowed more than sixty n^S'of du^' cents per day for his own trouble and time ; and for each neglect of duty, when notified, he shall forfeit eight dollars. Obligations of 8. Where the owner of land, improved or cultivated, ad^inint 'fm^ shall havo made, or hereafter shall make, his proportion or proved land. one-half part of the fence separating his land from the improved or cultivated land of the adjoining proprietor, of permanent or durable materials or growth, to be deter- mined as hereinafter provided, he shall not, nor shall any person claiming under him, be required to erect or repair the fence in any other place as between his land and that of such adjoining proprietor, or any person claiming under TITLE IV.] IMPOUNDING CATTLE — FENCES. 137 him, in case of sale or change of occupancy of any part of Chap. 24. the land of the latter, so long as such portion of fence of the kind above mentioned shall be maintained by the person first above referred to or some person claiming under him. 9. Any two justices of the peace of the county in suMencyof ^^ which the lands referred to lie (due notice in writing for termined. at least three days being first given to the proprietor of the adjoining land) may repair to the land and examine the fence, and pronounce the same by any instrument in writing under their hands to be made of permanent or durable materials or growth within the meaning of this Chapter, and such instrument in writing shall thereupon be deposited with the Clerk of the Peace of the county, in memorial and as evidence of the matters therein stated. 10. Any person feeling aggrieved by the decision of Appeal. the justices may appeal to the next General Court of Sessions for the county, whose decision, aflSrming or reversing the decision of such justices, shall be final. 11. Nothing in the three preceding sections contained Titles to iand» 117 1 ^1 rt.. 1.1.111 1*1 not affected by shall be construed to aftect the title to the lands on wnicn this chapter. the fences are erected. 12. No owner or proprietor oi wood, or barren or unimproved burnt lands, not under improvements, shall be compelled uabtetTtoce?" to make any part of a fence against or on the same. 13. If any damage shall be done by horses, sheep, cattie, &o., tres- goats, swine, or cattle breaking into and destroying the f^lf^^^Z^^^ product of any enclosures, the persons whose fences have impounded. been broken and enclosures damaged, may impound the cattle so trespassing till the owner shall claim the same, and tender sufficient amends. 14. The pound-keeper shall thereupon, as soon as may pound-keeper's be, advertise the same in three of the most public places ^"J^"™"'' in the settlement where the trespass has been committed, in order that the person injured may proceed against the owner of such animals refusing to pay the damages done thereby. 15. The owner of such animals shall pay to the pound- ms^f^an^^tii« keeper, above the damages adjudged under section four, ery. twenty cents for every horse or head of cattle, and ten cents for every sheep, goat, or swine, for each day the same shall have been impounded, for their support ; and in case of refusal to pay the same within eight days after being impounded, with the charge of advertising, the animals shall be publicly sold ; and the proceeds, after deducting the pound-keeper's charge for supporting theoi, and the damages, shall be paid to the owner if he appear within thirty days ; if not, then to the overseers of the poor for the place where the trespass was committed. 138 IMPOUNDING CATTLE — FENCES. [PART I. Chap. 24. 16. If any person shall rescue any animals from the Fines for rescue porson driving them to the pound, he shall forfeit to the to^?h™how re- P*'"*! aggrieved four dollars above all damages sustained covered and ap- by the trespass Committed by such animals ; and if any propria . persoH broak any pound or by indirect means deliver any animals therefrom, he shall forfeit twenty dollars to any person who will sue for the same; which penalt}' and damages or penalty, as the case may be, shall be sued for and recovered with costs, as if the same were a private debt, and the penalties for such pound breach, after deducting any expenses of repairing such breach of the pound, shall be paid to the overseers of the poor for the place where the offence shall have been committed. Rivers, creeks, 17. Such rivers, crocks, bays, harbors, and inlets of ^■i^mHenc™! the sea only shall be deemed lawful fences, as in the judgment of the fence viewers of the township or place where such lands lie, shall be sufiSoientiy deep and inac- cessible to prevent the passing of cattle. Appeals from 18. If any porson feel aggrieved by the judgment of leaSriewers. the feuco Viewers as to the lawfulness of such last men- tioned fence, or desire the decision of the Court of Sessions instead, such person may apply to the Sessions, who shall inquire into the matter, and, upon hearing the parties and their witnesses, may make an order which shall be binding on all fence viewers and others interested. SiweTfen^^' ^^- ^^ ovory caso where damage shall be done to the broken were enclosod lauds of any person by any of the animals herein- ^ ' before mentioned breaking the fences enclosing the same, the owner of such animal shall be liable for the damage if that part of the fence broken by such animal were lawful, although other parts of the enclosing fence may not be lawful. Owner liable if 20. The owuer of any of the animals hereinbefore cattle break ms ,. ■,, ,. ,, -^. ■,... p i*i i portion of fence, mentioned breaking through a division fence which such person is bound to repair and keep up, shall be liable for any damage done by such animal upon the land of another person enclosed or partly enclosed by such division fence, although the same may not be a lawful fence. Penalty for de- 21, If any person shall destroy or injure any railing, stroymg railings, ii "^ i^ / i - j i j "^ ±1. • j r &c., on sides of stone Wall, or fence of any kind, placed on the side ot any bridg^^T"^' public square, bridge or causeway, he shall forfeit for eadi offence not less than one dollar or more than eight dollars, in addition to any private damage sustained, ^otto^takeaway 22. Nothing herein shall be construed to impair the right. right of action under the common law for damages occa- sioned by horses, sheep, goats, swine or cattle breaking into lands. title v,] church of england. 139 Chap. 25. TITLE V. ' OF THE SUPPORT OP PUBLIC WORSHIP. CHAPTER *25. OP THE OHUBOH OF ENGLAND. 1. No minister of the Church of England shall officiate licensed oiergy as a clergyman of that Church but such as shall be duly SBckte.^'" licensed by the Bishop, and shall conform to the orders and constitution of the Church of England ; whereupon he shall be inducted into any parish which may make pre- sentation of him. 2. No license shall be refused without the causes of re- Licensesnot fusal being signified in writing and delivered to the appli- ^S^rii^'!™* cant. 3. The parishes already established shall remain as Parishes estab- heretofore ; and when any church shall be erected for aUottmg?di^d- divine service according to the rites of the Church of Bng- jj'a^ing'^futare land, the Bishop of the diocese may allot a district which parishes, shall be the parish of such church, and may divide and sub-divide any parish now e^ablished or hereafter to be allotted ; but no parish shall be divided or subdivided by the Bishop unless on the application of a majority of the parishioners of the parish proposed to be divided or sub- divided, or by a majority of parishioners expressed at any public meeting of the parish called for the consideration of such a measure. 4. The church wardens and parishioners of every parish ot the^eieotion shall meet annually on the Monday next after Easter-day, eos and vestry,' notice of the hour and place of meeting having been first """^ *''^''' ""''*''- given by the rector or oflSciating minister ; at which meet- ing the parishioners shall choose two church wardens 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 and ordinances within their respective parishes, shall have the like powers as they have heretofore exercised in this Province. 5. Churchwardens and vestries are hereby constituted To be^bodies within their respective parishes bodies corporate, with purposes sped- power to sue and 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 receive the rents there- 140 CHURCH OF ENGLAND. [PART I. Chap. 25. of 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 consistent with the laws of the Province for the manage- ment of the temporalties of their church and the due and orderly conducting of their affairs. ^f^g^risuraers ; Q rpjjg parishiouers shall consist of pew holders and granting money; others accustomed td attend upon the services of the mode of assess- ,. •,. .i- ii -i -j mentand coiieo- church ; and such parishioners who have previously paid *'™' up their pew rents and assessments, or the accustomed contributions to the church, may, if they think fit, at their annual meeting by a majority of those present, grant money for the support of their ministers, and all other expenses which shall be required for the payment of such oflSoers as may be found necessary, and for repairs and other services ; which shall be assessed by the church- wardens and vestry in just proportions upon such parishioners, being persons usually attending the services and ordinances of the church, according to their respective abilities, and shall be collected in the name of the clerk of the vestry for the use of the parish as an ordinary debt ; but no act of the churchwardens and vestry shall be valid unless it be agreed upon by seven of their members ; nor shall the assessment be valid unless it be subscribed by that number at least j and the parishioners at their annual meeting shall appoint three of their number, by whom the churchwardens and vestry shall be assessed. wSn^Md ves- '^- The churchwardens and vestry shall have power to ^o^eTBssesa- abate any individual assessment if it should appear un- equal, and to compromise the same for prompt payment or otherwise, as it may be for the interest of the church, without affecting the general rate. Meeting for busi- 8. The churchwardeus and vestry may meet for the Sow'caiied."^'' transaction of business as often as occasion may require ; and the churchwardens, vestry and parishioners, may assemble for all business connected with the parish, except the choice of officers or making assessments, as often as it may be considered necessary, either upon the applica- tion of the rector, the churchwardens, or the parishioners, provided that ten at least of the latter sign a requisition to that effect, notice of such meeting and of the business to be transacted thereat having been given by the minister of the parish during divine service in the church on some Sunday at least three days previously. ohurohwardens 9. In casc of rcfusal to act by persons nominated as act,' others^ta) be churchwardens and vestry, the parishioners shall proceed appointed. ^q nominate others in their place until a sufficient number shall accept office. TITLE V,] RELIGIOUS CONGREGATIONS. 141 10. No conveyauce by lease or otherwise of any par- Chap. 26. sonage or glebe held by a minister of the Church of Qi^be lands, how England shall be valid for a longer period than his own so'^ or leased, incumbency, unless with the concurrence of the church- wardens and vestry expressed in writing under their com- mon 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. 11. The Lord Bishop of Nova Scotia may grant a Licenses graota- license to officiate as a clergyman -of the Church of England tlt^^Sevgy- in this Province, to any person who shall have been ad- "'™- mitted to the order of priest or deacon by any Bishop of the Protestant Episcopal Church in the United States of America, anything in the Act of the Imperial Parliament of the twenty-sixth year of his late Majesty King George the Third, Chapter eighty-four, to the contrary notwith- Btandiug. CHAPTER 26. OP RELIGIOUS CONGREGATIONS AND SOCIETIES. 1. When any number of persons not less than twenty, congregations capable of contracting, desire to form themselves into a tmrtlesmmldf' conerrearation of Christians for the public worship of God other particulars according to their peculiar rites and ceremonies, they may, by deed by them executed in the presence of two or more witnesses which shall be recorded in a book kept for that purpose, constitute themselves such congregation, and adopt a suitable name tiierefor, and declare the place where the same is established and the particular denomination of Christians with whose doctrines such congregation is con- nected ; 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 parti- cular 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 mem- bers, by whom the right of voting at meetings shall be enjoyed, how the votes shall be ascertained and given, the manner in which vacancies in the trust shall be supplied, and such other particulars as they may think proper. 14S RELIGIOUS CONGREGATIONS [PART I. Chap. 26. 2. The deed shall be duly registered in the oflBce of the Deed to be regis- Registrar of Deeds for the county or district where the tered; property congregation is established; and, after its registry, all the owves . |a^jj(jg described therein and all real and personal estate granted to the congregation or to their use shall be vested in the trustees named in the deed for the use of the con- gregation, and after the death or removal of any trustee or his becoming incapable to act shall vest in the succeed- ing trustees subject to the same trusts without any assign- ment or convej'ance except the transfer of stock and securities in the public funds ; and shall also in any suit at law or in equity or in any criminal prosecution be deemed the property of the trustees. Trustees to sue 3. Such trustces in all cases concerning the real and be sue . pej-gonal estate of the congregation may sue and be sued by their name of office ; and no action shall abate by the removal or death of the trustees or any of them, but shall be proceeded in by or against the succeeding trustees, who shall pay or receive the like moneys and costs as if the action had been prosecuted in their names, for the benefit of or to be reimbursed from the funds of the congregation. Amonntofreai 4. Every Congregation established under these pro- late to be held, visions may hold, in the name of their trustees, real estate not exceeding the yearly value of eight thousand dollars and personal property not exceeding in the whole at any one time forty thousand dollars ; and may use and dispose of such real and personal estate as the congregation shall deem expedient. Meetings^how^ 5. The members of every such congregation may meet may 'be made when they shall think proper, and at such meetings by the ingsto ijere^ votes of the majority of the members present may make *°"^''' and put in execution such regulations, not being contrary to the laws of this Province nor to any rule or regulation embodied in the deed under which the congregation or society may be constituted, as the majority shall deem necessary for the government of the congregation, and may change such regulations as they may think proper ; and such majoritj'' may also choose trustees to supply any vacancy in the trust, and may remove from office any of the trustees tor the time being, and manage and superin- tend the affairs of the congregation ; the time and place of meeting shall be duly notified as prescribed by rules there- for ; and some fit person shall be chosen chairman at every meeting, and all proceedings thereat shall be entered in the books of the congregation, and signed by the chairman and clerk of the meeting, and proof of such entrj' so signed shall be deemed sufficient evidence of such proceedings, and of the regularity of the meeting. TITLt: v.] RELIGIOUS CONGREGATIONS. 143 _ 6. Every person admitted a member of the oongrega- Chap. 26. tion after the registry of the deed shall execute the same . in the presence of two witnesses before he shall be deemed how regulated. a member. 7. All real estate which at the formation of any congre- Eeai estate held gation under this Chapter shall be held therefor by any e^tedf hoVc^Jn- trustees not appointed under any act or deed of incorpora- veyedtonew tion, shall, by such trustees or their survivors, or by such of them as then remain in this Province, be conveyed to the new trustees named in the deed by their name of oflS^ce; and, upon the conveyance being made and registered, all the estate and interest of the original trustees or the sur- vivors of them and their heirs, shall be vested in the new trustees to the use of the congregation as effectually as if all the original trustees had joined in the conveyance. 8. Any religious society or congregation incorporated Provisions for by special act of incorporation, or by deed under the provi- gatSi" mm^fS?- sions of the act heretofore in force for such purpose, may aot^to^a™f°'' avail themselves of the provisions of this Chapter; pro- ff?"T'™4°* vided the parties executing the deed comprise two-thirds '^ " "^ at least of the members of the former corporation who at the time form a part of the congregation, and also two- thirds at least of the persons actually exercising the func- tions of trustees by their individual names as such trus- tees ; and, upon the new deed being registered, the former act or deed of incorporation shall from thenceforth cease to be in operation, and the property held thereunder shall vest in the new trustees in accordance with the terms of the deed ; but nothing herein contained shall affect the legality of any proceedings regularly had under the former act or deed of incorporation. 9. By the vote of the majority of the members of any Keii estate how .. J. J. 1 A- fiU sold or disposed congregation present at any regular meeting of the congre- ot. gq,tion, 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. 10. Whenever the congregation using any building for saie ot buiidinj the purpose of public worship may wish to dispose thereof ™^rlh?p to™' on account of the same having become dilapidated or otherwise, and shall not have legal power to do so, the proprietors of such building at a meeting held for the purpose, after public notice thereof given in at least three of the most public places within the settlement wherein the building is situate, at least ten days previously, may by a vote of three-fifths of the proprietors present at such 144 EBLIGIOUS CONGREGATIONS. [PAET 'I. Chap. 26. Proviso. When vested in trustees. Sale of land not autiiorized. Olergymen or ministers by whom engaged. meeting, appoint a committee of three of their number to make sale of such building'; and the committee shall sell the same conformably to the instructions given at the meeting, and cause the removal thereof, and shall apply the proceeds of the sale as directed by the meeting; but no meeting shall be valid for such purpose unless a majority of the proprietors are present. 11. In case the building shall be vested in trustees who shall not have legal power to sell the building, the same may be disposed of by a meeting of the persons for whose benefit such building is held, called and constituted as directed in the preceding section, and a majority of three- fifths of the persons so interested present at the meeting, may empower the trustees or a committee to sell the building and apply the proceeds. 12. Nothing herein shall authorize the sale of the land on which any building so to be disposed of shall be situated. 13. Under the order of any such meeting, or of a meet- ing of the church members, when by the provisions of the deed of constitution or by the regulations of the congre- gation the choice of a minister shall be vested in the church members, the trustees may enter into agreements in writing with any clergyman or minister whom the congregation or church shall appoint to their spiritual charge, for such period and salary as shall be agreed upon. Agreement to be 14. The trustces having agreed with any minister or |?S^on°tooks. clergyman, shall without delay cause the agreement to be entered at length in the books of the congregation. 15. The trustees for the time being, by the vote of the majority of the members of the congregation at any such meeting, shall, in cases where the funds at their disposal ai'e inadequate to the discharge of the claims upon them, sue for and recover from members a rateable share, to be fixed according to the rules of the congregation, of such amount or deficiency, by separate suit for their respective rateable proportion of the whole amountagainst the respec- tive surviving and solvent members of the congregation, or the representatives of deceased members liable to such payment. 16. Any religious society incorporated by act of this Province or constituted by deed under the provisions of this Chapter, may at any regular meeting held in accord- ance with their act of incorporation or deed of constitution alter or amend their constitution or bye-laws ; but the constitution shall not be altered unless two-thirds of the ■ members present at any general meeting concur in such alteration. Funds how pro- vided in case of deficiency to meet engage- ments. Society may alter oonstitu tion. TITLE v.] EELIGIODS CONGREGATIONS. 145 17. Any religious society or congregation not incor- Chap. 26. porated or constituted by deed under this Chapter may, at Moaeofconsti- any nneeting of the congregation held in pursuance of a tuUng society. notice stating the object of such meeting given at their usual place ot holding public worship during divine service either by verbal announcement to the congregation, or by posting the same on the door of such place of worship for three Sundays preceding such meeting, proceed to appoint a chairman and secretary ; and may, upon the vote of two- thirds of the male members of the congregation and of adherenrding to the surnames, sons'thSlin"' with the respective residences (in tlie form set forth in "g™ j^red^ &"'^ Schedule A to this Chapter, or to the like effect) and medical titles, diplomas, and qualifications conferred by ciny college or body with the dates thereof of all persons appearing on the register as existing on the first day of January in such year ; and such register shall be called ■" The Medical Register ;'' and a copy of such register for the time being, purporting to be so printed and published as aforesaid, shall be prima facie evidence in all courts and heiior&. all justices of the peace and others that the persons therein specified are registered according to the provisions of this Chapter; and the absence of the name of any person from such copy shall be prima facie evi- dence that such person is not registered according to the provisions of this Chaptei-. Provided always, that in the Proviso. case of any person whose name does not appear in such ■copy, a certified copy, under the hand of the Registrar of the Board, of the entry of the name of such person on the register, shall be evidence that such person is registered under the provisions of this Chapter. 6. Hereafter no person shall begin or enter upon the Preliminary ex- , J f. 1 • • 1 -p r ii £ amination. study of physic, surgery, or midwifery, tor the purpose ot qualifying himself to practise the same in this Province, unless he shall have obtained from the Provincial Medical Board a certificate that he has satisfactorily passed a matriculation or preliminary examination in the subjects specified in Schedule B to this Chapter. 7. No candidate shall be admitted to such matriculation Qualification tor or preliminary examination unless he shall have at least examination. fourteen days previous to such examination given notice to the Registrar of the Board of his intention to present him- self for such examination, and transmitted to the Registrar a certificate showing that he has completed his sixteenth year ; and shall before the examination have paid a fee of five dollars to the Registrar. 8. Subject to the exceptions hereinafter made no per- Practitioner's Bon shall practise physic, surgery or midwifery in Nova entoed'onreg- Scotia, unless his name shall be registered in the book of jfj^y^^^p^'^'^^^a registry of the Provincial Medical Board, and unless he shall have received from such Board a license to practise. 150 MEDICINE AND StJEGFEET. [PART I. Chap. 28. 9. No person shall be entitled to have his name en- Quaiiflcation for *^ered on the register of the Provincial Medical Board, or person before he to receive a license to practise from such Board unless he- ^ame^and pro- shall Satisfy the Board that he has passed the matriculation! practo.°'^*° or preliminary examination ,• that after passing such exam- ination he has followed his studies during a period of not less than four years, (one of which may be under the- direction of one or more general practitioners duly li- censed) ; that during such fonr years be has attended at some University, College, or Incorporated Schoal of Medi- cine in good standing courses of lectures amounting together to not less than twelve months, on general' Anatomy, on practical Anatomy, on Surgery, on the Practice of Medicine, on Midwifery, on Chemistry, on Materia Medica, and Pharmacy, and ob' the Institutes of Medicine or Physiology, and one three months' course of Medical Jurisprudence ; that he has attended the general practice of an Hospital, in which there are contained not less than fifty beds under the charge of not less than two Physicians or Surgeons, for a period not less than one year, or two periods of not less than six months each ; that he has also attended two three months' courses, or one six months' course, ot Clinical Medicine, and the same of Clinical Surgery; that he has, after examination in the sub- jects of the course, obtained a degree or diploma from such University, College or Incorporated Medical School ; or for want of such degree or diploma, that be bias satis- factorily passed an examination in the various branches hereinbefore specified before examiners to be appointed bj' the Provincial Medical Board ; tliat he is not less than twenty-one years of age ; and that he has paid to the Proviso. Registrar of the Board a fee of ten dollars. Provided that the Provincial Medical Board shall have power, sub- ject to the approval of the G-overnor in Council, to make such alterations in the foregoing curriculum as may from: time to time be required. Last precading 10. The last preceding section shall not apply to any Ippiylnc^rtoin persou in actual practice, and duly registered under the cases. provisions of Chapter 56 of the Revised Statutes, Third- Series, who shall be entitled to be registered and to receive a license to practise under this Chapter without payment of any fee : and, notwithstanding the provisions of sucb section, any person upon producing to the Provincial Medical Board conclusive evidence, that be has passed a Matriculation or Preliminary Examinatiton such as is required by this Chapter for persons beginning their medical studies in Nova Scotia : that he 'has, before graduating or taking a diploma, studied for at least four years in the manner provided, in section 9 of this Chapter,, TITLE VI.] MEDICINE AND SUEGBRT. 151 or pursued what the Board shall deem an equivalent course Chap. 28. of study ; and has passed a final examination in the subjects of such course ; or, for want of any of such requisites shall have fulfilled such conditions as the Board may determine; and shall pay a fee often dollars; shall be entitled to be registered and to receive a license to practise. 11. Notwithstanding anything to the contrary herein Mode of procur contained, any person who shall have regularly begun his pefsoM^ha^g medical studies in this Province before the first day of gt^J^|^|^jg May, 1872, shall be entitled to be registered and receive a May, 1872. license to practise, upon paying a fee of five dollars and complying strictly with the provisions of Chapter 56 of the Revised Statutes, Third Series, " Of Regulations con- cerning the Practice of Phj'sic and Surgery :" Provided, Proviso. that such person shall apply for such license and registra- tion before the first day of July, A. D. 1876, after which date this Section shall cease and determine. 12. The Provincial Medical Board shall have power and Powers and it shall be their duty : — viicfai Med^oki 1°. To elect a President and such other oflScers, includ- ■^™''''- ing the Secretary and Registrar hereinbefore provided for, as may be necessary to the working of this Chapter: 2°. To regulate the study of Medicine, Surgery and Midwifery ; by making rules not inconsistent with this Cha,pter, with regard to the preliminary qualification, course of study to be followed, the final examination, and the nature of the evidence to be produced before the Board upon these subjects : 3°. To appoint fit and proper persons to conduct the preliminary or matriculation examination ; to decide upon the times for holding such examination ; and to fix the remuneration, if any, to be paid to such examiners : 4°. To examine all degrees, diplomas, licenses, and other credentials presented or given in evidence under this Chapter, for the purpose of enabling the owner to practise in Nova Scotia ; and to oblige the owner of such credentials to attest on oath or by affidavit that he is the person whose 'name is mentioned therein, and that he became possessed thereof honestly : 5°, To cause every member of the profession practi- sing in Nova Scotia to enregister his name, age, place of residence, place of nativity, the date of his license or diploma, and the place where heobtRined it, in the register of the Board : 6°. To make orders, regulations, and bye-laws for regulating the registers ito be kept under this Chapter : 7°. To make all such rules, regulations, and bye-laws for carrying this Chapter into efieet as to the Board shall seem proper or necessary j which rules, regulations and 152 MEDICINE AND SURGEEY. [PABT I. Chap. 28. bye-laws shall not be inconsistent with this Chapter ; and may be disallowed by the Governor in Council : 8°. To appoint as many medical examiners, to hold final examinations when necessary, as the Board shall deem proper : such examiners to be regularly qualified practitioners ot not less than five years' professional standing and three years' residence in this Province. Members of the Provincial Medical Board may be ap- pointed as such examiners. HuiestoiemaiD 13_ The rules and regulations (if any) as to the times and places of the meetings of the Board and the mode of summoning the same already made by the Board shall remain in force until altered at any subsequent meeting. In the absence of any rule or regulation as to the sum- Mestings. moning of future meetings of the Board, it shall be lawful for the President thereof to summon the same at such time and place as to him shall seem fit, by circular letter to be mailed to each member ; provided always, that at least ten days notice of such meeting shall be given. In the event of the absence of the President from any meeting some other member, to be chosen from among the members present, shall act as President. All acts of the Board shall be decided by the majority of the members present, the whole number not being less than five. At all meetings the President for the time being shall have a casting vote only. Moneys. 14. All moneys forming part of the funds of the Board shall be paid to the Treasurer, and shall be applied to carrying this Chapter into execution. Datyofthe 15. It shall be the duty of the Registrar to keep his register correct, in accordance with the provisions or this Chapter, and the rules, orders and regulations of the Pro- vincial Medical Board, and to erase the names of all registered persons who shall have died, loft the Province without any intention of returning, or ceased to practise for a period ot five years ; and he shall from time to time make the necessary alterations in the address or qualifica- tions of the persons registered under this Chapter. Pro- vided always, that the name of any person erased from the register shall be restored by order of the Board, upon sufficient cause duly shown to that efi"ect. PersoDs^entitied, 16. Any persou entitled to be registered under this tor^StCTed.^ ° Chapter, but who shall neglect or omit to be so registered, shall not be entitled to any of the rights or privileges conferred by the provisions of this Chapter, so long as Persons adopt- ^^'^^ negloct or omissiou shall continue. toli'dTptlhl"^ IT. No person, otherwise fully qualified under this practice of any Chapter, shall be refused registration or a license to prac- ormedidne.^''^tise on account of his adopting or refusing to adopt the TITLE VI.] MEDICINE AND SURGERY. 153 practice of any particulai- theory of medicine or surgery. Chap. 28. In case of such refusal by the Board, the party aggrieved shall have the right to appeal to the Governor in Council, who, upon due cause shown, shall issue an order to the Board to register the name of such person and to grant him a license to practise. 18. No qualification shall be entered on the Register, Qualification, either on the first registration, or by way of addition to a witonTme.'"* registered name, unless the Registrar shall be satisfied, by the proper evidence, that the person claiming is entitled to it ; and any appeal from the decision of the Registrar may be decided by the Board ; and any entry which shall ivauduient be proved to the satisfaction of the Board to have been e?as Jd?"^^ "^ fraudulently or incorrectly made, may be erased from the Register, by order in writing of the Board. 19. Any registered medical practitioner who shall have Practitioner con- been convicted of any felony in any Court, or shall after Tc. " ^°°^' due inquiry be judged by the Board to have been guilty of infamous conduct in any professional respect, shall thereby forfeit his right to registration ; and by the direc- tion of the Provincial Medical Board his name shall be erased from the register. 20. Every person registered under this Chapter who Persons obtain- may have obtained any higher degree or qualification g^fe^hanthat other than the qualification in respect of which he may registered. have been registered, shall be entitled to have such higher degree or additional qualification inserted in the register in substitution for or in addition to the qualification pre- viously registered, on the payment of such fee as the Board may appoint. 21. Ever}'' person who shall be registered under the Persons regis- provisions of this Chapter shall be entitled according to fee^fand^fcover his qualification or qualifications to practise Mediciue, *^^^''"''^- Surgery, and Midwifery, or either or any of them, as the case may be, in Nova Scotia, and to demand and recover in any court of law reasonable charges for professional aid, advice and visits, and the cost of any medicine or other medical or surgical appliances rendered or supplied by him to his patients. 22. No person shall be entitled to recover any charge Persons not in any court of law for any medical or surgical advice, or nofrSfvlr™"' for attendance, or for the performance of any operation, "barges. or for any medicine which he shall have both prescribed and supplied, unless he shall prove upon the trial that he is registered under this Chapter, 23. The words " legally qualified medical practitioner/' interpretation of or •' duly qualified medical practitioner,'' or any other "^' "'" "™^' words importing a person recognized by law as a medical practitioner or member of the medical profession, when 154 MEDICINE AND SURGERY. [PART I. Chap. 28. used in any Act of the Legislature, or legal or public doc- ument, shall be construed to mean a person registered under this Chapter. No one to be 24. No person shall be appointed as medical officer, appointed public ... ^ . iipji it • medical officer physiciau or surgoon many branch ot the public service, or toreT "^^^'^ in ^'^y hospital or other charitable institution, unless he be registered under the provisions of this Chapter. Certificate not 25. No Certificate required by any Act now in force or peraon'signing is that iJiay hereafter be passed, from any physician or surgeon registered. qj. ^^(jical practitioner shall be valid, unless the person signing the same shall be registered under this Chapter. Penalty for per- 26. If any persou not registered or licensed under the who ?re not rfg. provisions of tliis Chapter, or not being actually employed istered. as a physiciau or surgeon in Her Majesty's naval or ttiili- tary service, practises Physic, Surgery, or Midwifery for hire, gain or hope of reward, he shall thereby forfeit a sum of twenty dollars for each day on which he so practises. Bum forfeited 27. Any sum forfeited under the next preceding sec- BB^ionm^^' tion shall be recoverable with costs, and may be sued for sued for in same au£] reiioverod iu the same manner as a private debt, by mEiiDer as pn- ... ^ n Tate debt. the Provincial Medical Board or any member thereof; and being recovered, shall belong to the Board for the use thereof under this Chapter. Provided that, where the information leading to such recovery shall have been given by any person unconnected with the medical profession, such person shall be entitled to receive one-half of the sum so recovered. Befendant must 28. UpoQ the trial of such cause, the burden of proof practisef''"" as to the liceuse or right of the defendant to practise Phy» sic, Surgery or Midwifery in Nova Scotia, shall lie upon the defendant. ib'°r*^strar*''^ 29. If the Registrar make or cause to be made any making false wilful falsification in any matters relating to the register, ™"^' he shall forfeit a sUm not less than one hundred dollars, to be recovered as hereinbefore provided as to persons prac- tising illegally. Kne for person 30. If any pcrsou shall wilfully procure or attempt to procuring or i • lir j.^ i • i i i j.i • /-n i i attempting to procurc himseli to bo registered under this Chapter, by tobTfaiiiy '°" making or producing or causing to be made or produced registered. any falsc or fraudulent representation or declaration either verbally or in writing ; every such person so doing and every person knowingly aiding and assisting him therein shall forfeit and pay a sum not less than one hundred dol- lars, to bo recovered as a private debt as hereinbefore provided. Fine for person 31. Any person who shall wilfully and falsely pretend i5gtJb^e"egV to be or take or use any name, title, addition or description *«™'*- implying that he is registered under this Chapter, shall forfeit and pay a sum not exceeding one hundred dollars, TITLE VI.] MEDICINE AND SURGERY. 155 to be sued for, recovered, and appropriated as provided in Chap. 28. section 27. 32. No suit shall be commenced under this Chapter irosuitafter after one year from the date of the offence or cause of ^y®"- action. 33. Nothing in this Chapter shall prevent any compe- Females may tent female from practising midwifery in Nova Scotia ; ^e^^""^" except that any such female must satisfy the Provincial prg^jgoagto Medical Board of her competency, and obtain a certificate dtyof HaUfax. from the Registrar to that effect, before she can lawfully practise as aforesaid in the City of Halifax. 34. Nothing in this Chapter shall prevent any person ThisChaptemot from giving necessary medical or surgical aid or attend- ^raon™wn'g' ance to any one in urgent need of it; provided, that such ^^fn^^j^'" aid or attendance is not given for hire or gain, nor the giving of it made a business or way of gaining a livelihood by such person. 35. 'i'he members of the Provincial Medical Board Term of office of appointed by or on behalf of the Governor in Council shall Pro'^oiai medi- hold ofiice, during good behaviour or until voluntary resig- <»i'"""''i- nation, and the members appointed by or on behalf of the Nova Scotia Medical Society, for three years from the date of appointment, or until voluntary resignation before the expiration of such three years : Provided, that it shall be lawful for the Governor in Council to remove any member of the Provincial Medical Board upon an address of three- fourths of such Board, and due cause shown. 36. Every person resident in the Province, and who Persons praotis- shall have practised therein previous to the first day of ^Ivk.™ t™85» January, A. D. 1850, shall, on proof ot that fact, have his ?^*d,1*''.^^''" name registered, and receive a license to practise under this Chapter. ^ 37. Any person while employed on actual service in wavai and mm- Her Majesty's naval or military service as physician or or'^surgeons'may surgeon, may practise Physic, Surgery or Midwifery in p^TOi^ee,"&?.^ Nova Scotia with registry or license. 38. The Provincial Medical Board shall hold a meeting Annual meeting& in the City of Halifax every year, at which annual meet- oLdtogt^"^ ing they shall have power to appoint examiners, fix the times of examinations, and transact all business arising out of this Chapter ; and any such meeting may be continued by adjournment from day to day until the business before the Board be finished ; but no such meeting shall be so continued by adjournment beyond the Saturday of the week in which the sitting commences. The Board shall also have power and it shall bo their duty to hold such other meetings as may be necessary, at which meetings they shall have the powers and duties herein conferred and imposed upon the Board at the annual meetings. 156 Chap. 28. Books, &c., open to examination. Filling vacancies in medical l>oard. MEDICINE AND SURGERY. [PART I. 39. The books and accounts of the Board shall at all times be open to the examination of such persons as the Governor in Council shall appoint to inspect the. same, and of all members of the Board ; and the accounts shall be annually published or laid before the Provincial Secretary. 40. The Provincial Medical Board shall, immediately upon the creation of a vacancy therein, communicate the fact to the Governor in Council or to the Nova Scotia Medical Society, according as such vacancy shall be to be filled up by one or the other of those bodies ; and shall also notify either of such bodies of any other business requiring the attention of the same under this Chaptei*. SCHEDULE A. NAME. AGE. RESIDENCE. QUALIFICATIONS. A. B. C. D. 23 29 Halifax. Windsor, Hants Co. M.D.Collegeof Phy- sicians, New York, 12th July, 1864. L. R. C. S. B., 1862. SCHEDULE B. Uniform standard of Matriculation or Preliminary Ex- amination established under this Chapter. Compulsory : English Language, including Grammar, composition and writing from dictation : Arithmetic, in- cluding vulgar and decimal fractions and the extraction of the square root : Algebra to the end of simple equations : Geometry, — first two books of Euclid : Latin, one book, — translation and grammar. And one of the following optional subjects : History of England, with questions in Modern Geography : French translation : German translation : one Greek book : Natural Philosophy, including elementary mechanics, hydrostatics, and pneumatics : History of Nova Scotia : History of thfi Dominion. title vi.] boards of health. j5j Chap. 29. CHAPTER 29. OP BOARDS OF HEALTH AND INFECTIOUS DISEASES. 1. The Governor in Council may from time to time sanatory orders make sanatory orders and the same revoke, renew, alter, a^'om^rnOT'in. or vary, for the prevention oi infectious or contagious dis- council, eases, for the reliet of persons suffering thereunder and for the interment of persons who may have died thereof- and such orders may be enforced by penalties therein ex- pressed, not to exceed four hundred dollars for any one offence, and shall be notified by proclamation or be published in the Boyal Gazette; and the production of any such pro- clamation or publication shall be evidence of the making, date and contents of such order. 2. The Governor in Council may appoint in any place Boards of or district in this Province a Board of Health for carrying f'^'^jg^"'^ such sanatory orders into effect ; and may prescribe the other duties of such boards ; and in case of vacancies therein may fill the same by new appointments ,• and shall prescribe the limits of the district within which each such board shall exercise its powers. 3. The Courts of General or Special Sessions through- Health warden* out the Province, and the City Council in the City of Hal- by sesS"'*'* ifax, may from time to time appoint health wardens for the said City and for the several townships and districts, who in the day time enter and examine all houses, buildings and places, and all vessels and boats, and report their condition to the Boards of Health. They shall carry out meir duties. all orders of any such board for cleansing any house, building, place, vessel or boat, or for the preserva- tion of public health, the maintenance of cleanliness, and the prevention of contagion or infection. In case the General or Special Sessions or the said City Council shall not appoint such health wardens the Board of Health shall appoint them. 4. Any such board may by order in writing cause any Powers ot board. house, building, place, vessel or boat to be fumigated or otherwise purified, and may cause anything dangerous to the public health to be removed or destroyed, when ne- cessary. 5. If any health warden upon being notified of his Kne for war- appointment shall refuse to accept the ofl5ce, or when a^ept'offloe';*" accepted shall refuse to discharge the duties thereof or to duot'^dmatkin' comply with any sanatory orders to him communicated, he ot appointment, shall forfeit twenty dollars, and another shall immediately be appointed in his place ; but no appointment of health warden shall continue for more than one year, nor shall any person be bound to serve oftener than once in four years. 158 BOA.BDS OP HEALTH. [PART I. Chap. 29. Cases of plague or imminent danger, how provided against. Powers as re- gards removal of sick persons, &c. General vacci- nations, how ordered and provided for. Betums of poor persons vacci- nated : remune- i-ation. Penalty for bringing in- fected persons into Province. Flag to be ^splayed on house in case of infectious dis- 6. If any infectious plague, disease or distemper shall have been introduced, or there shall be imminent danger of its introduction into any place, the Board of Health shall assemble and make sanatory orders as occasion may require, with penalties as in the first section mentioned, and may appoint persons to enforce the same ; and there- upon copies of such orders shall be forthwith transmitted to the Provincial Secretary's office, and the same, until altered or amended by the Governor in Council, shall continue in force. 7. Any Board of Health may order to be removed from any dwelling-house or other place any person sick with any contagious or infectious disease to any house or place proper for that purpose ; and it any person be sick with contagious or infectious disease in any house or place, and such person cannot be removed without danger to his life — to be certified by a duly qualified medical practitioner — then the Board of Health may cause such house or place or any contiguous house or place to be vacated by other occupants, for such time as the Board shall deem necessary for the safety of the public. 8. The general or any special sessions, consisting of not less than seven magistrates, or the City Council of Halifax on requisition from the Board of Health, or when- ever they think it necessary, may order a general vaccina- tion in any county or any part thereof, and may make orders for providing for the expense of the vaccination of such poor and indigent persons as are unable to pay there- for. 9. All persons who shall vaccinate the poor and indigent, as above, shall return to the gi-and jury and sessions or to the City Council along with the particulars of their ac- counts duly attested to, the names and ages of the persons vaccinated, and the dates of their vaccination ; and such accounts when examined and allowed shall be assessed for and paid as other county or city charges are. 10. Any person who shall knowingly bring into this Province any person sick of any infectious or contagious disease dangerous to the public health, without permission from a board of health in the county where brought, or M'ho shall knowingly land in any part of the Province any person so sick, from any vessel or ship, without such per- mission, shall be fined in a sum not less than one hundred nor more than four hundred dollars. 11. Whenever any person shall become sick of small- pox or malignant cholera in any dwelling-house, vessel, or other place in any city, town, or district, it shall be the duty of the proprietor or other person in charge or pos- session of such house, vessel, or place, to display in some TITLE VI.] NUISANCES. 159 conspicuous place therein a yellow flag, not less than twelve Chap. 30. inches square, and to keep the same displayed during the prevalence of any such infectious disease. All ex- penses in carrying into effect the objects herein expressed shall be borne by the respective boards of health in such city, town, or district. 12. The reasonable expenses already incurred, or here- Expenses of after to be incurred, by any Board of Health, in carrying TOmt/charge. out the provisions of this Chapter, shall be a county or district or city charge, and shall be assessed by the justices in session and levied and collected in the same manner and at the sjime times as the ordinary county rates. 13. Every person violating any provision of this Chap- Penalty for ter, or disobeying any sanatory Order made thereunder, vision of^cW shall incur a penalty not exceeding four hundred dollars. **''• CHAPTER 30. OF NUISANCES. 1. The General or any Special Sessions may by order Health inspec- appoint health inspectors and define the limits of their ^intedraura- respective jurisdictions, and may fix the time, not to ex- umite'offarU ceed one year, for which such appointment shall be in Miction. force. Within the limits of the jurisdiction of commis- sioners 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 comt, how con- exist three or more health wardens, and where neither ^ ' " ' " exist a General or Special Sessions shall constitute a court under this Chapter, and all orders by the court shall be forthwith executed, notwithstanding any appeal th&refrom. 3. Health inspectors for the purposes of this Chapter Powers of in- shall have charge of all streets, highways, passages ves- ^^^^ °"' sels, 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 public streets, sewers and drains within their jurisdiction, and to the control of the special court in all other matters. 160 NUISANCES. [PART I, Chap. 30. 4. Health inspectors shall execute and enforce allsana- Duties of in- 'ory Orders to them directed unde r this Chapter, or the specters. several chapters relating to infectious diseases and rabid animals. Theircompen- 5. Bvery health inspector shall be entitled to such ^rovMe^d"* ''°'" adequate compensation for his services and for charges in- curred about his duties as the justices in session or special court shall allow ; and, after deducting any sum collected and received under this Chapter, the balance if any due him, together with all other necessary charges and expenses incurred under this Chapter, shall be added to the appor- tioned assessment upon such district or place,} and assessed and levied thereon exclusively, and collected as the county rates now are. Dweuing houses 6. Every dwelling house within the City of Halifax, or ntences^enaity elsewhere withiu the limits of a health inspector, shall be tenotprovi- furnished with a suitable underground drain for carrying off waste water; also with a suitable privy and under- ground vault attached thereto ; and the owner of such dwelling house who shall neglect to provide the same shall forfeit a sum not exceeding twenty dollars. Privies and 7. All privics and vaults shall be built so that the inside conrt^uoted.'""* shall be at least two feet from the line of the adjoining lot, unless by consent of the owner thereof in writing, and shall be at least two feet distant from every street, lane, court, square, public place, or public or private pas- sage way. There shall be no communication between a privy and anj' public sewer or drain. Every vault shall be tight, and the contents shall not be allowed to be within two feet of the surface of the ground : but the special court may give other instructions relative to their construction, priyiesand g. When anv privy or vault shall be reported offensive cleansed when by the health inspector, the same, within a reasonable time offensive. after notice in writing to that effect given to the owner or his agent or the occupant of the land where situate, may be ordered by the special court or health warden to be cleansed and disinfected at the expense of the owner, agent or occupant; and, in case of neglect, the same shall be done under the orders of the health inspector, who shall recover double the expense from the owner, agent or occupant, as a private debt. va™™t and 9- No vault or privy shall be emptied without a permit Sl™ied''* from the health inspector where such is appointed, and in no case between the fifteenth day of June and the fifteenth day of September unless by order of the special court, and then only in cases where it is absolutely necessary. Wastewater, 10. All waste Water shall be conveyed throuarh drains how disposed of . j j ,. / i ° ■ unaerground to a common sewer, or to such reservoir as the health inspector shall appoint. TITLE VI.] ' NUISANCES. 161 11. When it shall appear to the special court that any Chap. 30. tenement used as a dwelling-house is so unfit lor that D„„iii„g purpose that the public health is endangered tlieroby, t^'e ^"^^^^'^^'Ji^J^ court may make an order in writing for its being vacated pawiohedth within a reasonable time to be therein prescribed ; wliich™'**"^^'^'^" order shall be served upon tlie inmates or left at such dwelling-house ; and, in case of disobedionce thereto or of a re-occupation of the dwelling-house without a permit to that effect, the court may direct a warrant to the Sherifl" or constables or health inspectors to enforce compliance with the terms of such order. 12. Whenever it shall appear to the special court that Cellars and va^ 11 1 . . ' '^ , ■ , , 1-1 1 . c int lots, how any cellars, lots or vacant grounds are m a state Hkely todeansed. endanger the public health they shall cause a notice to be given to the owners or the occupants it any, and. \i there are no occupants and the owners do not reside within the jurisdiction of the court, may give notice by advertise- ment in one or more public newspapers, if any be tiiere printed, or by posting the same, publicly requiring such owners or occupants to remove such cause of complaint as in such notice prescribed ; and in case of neglect the court shall order the same to be removed, and double the expense shall be recovered by the health inspectors from the owners or occupants of the land. 13. No person unless specially licensed in that behalf offensive mat- shall put in any place on land or water any offensive matter ^i'o^"^;'how or thing likely to endanger the public health, under a w be removed, penalty not exceeding twenty dollars for each offence; and, if any person shall suffer any such matter or thing to remain upon his premises after notice in writing requiring liim to move the same, the health inspector may remove the same under the direction of the special court and at the charge of the owner or occupant of such place, and may recover double the expense as a private debt. 14. Any justice on the oath of one witness, may make Justice may; an order in writing for the removal, burial, or destrnction,™mov?ng^o?di^ of any offenoive substance being or likely to become a l?™^'^^^*^ nuisance in any place or in any boat or vessel, and may ■direct the same to be done by the party occasioning the offence, or by any other party whom the justice shall appoint; and the expense shall be recovered as in the order prescribed. 15. No person shall sell, or offer for sale, or have in his Penalty for sai* I I - • L I .. 1.1 1 of unwfaolwoiu possession in a pubac or private market or any otfier place food, ior the purpose of sale, any unwholesome, stale or putrid article of food, under a penalty not exceeding forty dollars ; and any such article may be forthwith seized and destroyed hy the health inspector. 11 162 RABro ANIMAL& [part I, Chap. 31. Unoleaned fish and ofTal, how prohibited'. Iiimita for slaughtering animals to be regulated by sessions. Penalties, how reoorered. Forfeiture for violatiqu of orders. Itlmitation of actions; prose- oDtions remov- ed to Supreme Oaurt, how con- dilt*tdd. Kihmay be mid. 16. The board of health or general sessions may make orders for prohibiting the introductinn info any city or town, and for preventing the sale and the offering for sale of any kind of imcleansed fiah, and for preventing persons from tlirowing offal into any place likely to be offensive or dangerous to the public health. 17. Justices in general or special sessions may fromi time to time make orders fixing the extent and limits within which the slaughtering and dressing of animals for food shall be prohibited or conducted, under penalties not to exceed forty dollars 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 suub inspector or Clerk shall be a competent witness. The pro- ceeds of every prosecution after first deducting all reason- able charges shall be paid into the city or county fund.s. 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 forty dollars. 20. No action shall be commenced against any person for anything 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 Halifax 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. 21. Any corporation or individual may open a fisb market in any part of the Province or vend fish thereiny subject to the provisions of this Chapter. CHAPTER 31. OF RABID ANIMALS. Sessions to I. The justiccs in general or special sessions may from ^ven«ng'dan'- timo to time make orders for the protection of persons SSimX"'"'' ^^^^ ^^^ ^'''e °^ '^'^S^ «»■ other rabid or diseased animals J for the destruction of all animals rabid or supposed to be rabid and running at large, and for the prohibition of tho sale of the flesh of any animal affected by the symptoms TITLE Vll.] PUBLIC INSTRUCTION. 163 usually attendant on canine madness, or otlierwiso dis- Qhap. 32. eased ; and may affix penalties for the broach of such ~" — "'" orders, not to exceed forty dollars for any one oifence. 2. Any person may kill or destroy any dog or other saWd auimaia rabid animal found at large, and may secure and ^place in MedTi™^^' confinement nil dogs or other animals at large and appear- P''°'?'^-?"'y'« ing to be rabid,, or exhibiting symptoms of canine mad- ness. TITLE VII. OF EDUCATION. CHAPTER 32. OF PUBLIC INSTRUCTION. THB COUNCIL OP PUBLIC JN8TBUCT.I0N. 1. The members of the Executive Council shall form a Executive ooun- Council of Public Instruction, five of whom shall be a ^'Jjjjf ^f'j^, quorum. etruotion. 2. The Governor in Council shall have power to appoint superintendent. a Provincial Superintendent of Education, who shall also be "' ®'*"°^''°°- Secretary of the Council of Public Instruction. 3. The Council of Public Instruction sliall havopower: council otpubi> (1.) To make regulations for the conduct of the Normal powerfif"' School, and to prescribe the conditious of admission and lo'eguiate J .. i- ■! J. I normal echooL graduation of pupil teacUers. (2.) To appoint, upon the recommendation of .the Super- Appoint inspec- intendent of Education, an inspector oi schools for ejvch*""- county of'the Province. (3.) To prepare and publish regulations, under which To regulate moneys may be drawn and expended and teachers classified, morey?"' fi.) To fix the time of the semi-annual meeting of each MeetinRsof board of school commissioners, and call special meetings of °°'"'°""'"^' any board when deemed necessary. (5.) To regulate the time in session, holidays and vaca-io regulate hoi- .tionS of all public schools. Ways, 4c. (6.) To prescribe, with the concurrence of the Superin- To prescribe .tendent, suitable text-books and apparatus for all public '*''*'^*'''**' schools, proper books for school libraries, and plans ibr school-houses. (7. ) To prescribe the form of sohool registers sfor all Bohooi registers. public schools. 164 PUBLIC INSTRUCTION. [PAET I. Chap. 32. To determine appeals from commissioners, &c. To make regula tions for aca- demies. To arrange for separate apart- ments. To provide for exigencies aris- ing under this Chapter, To draw grant for school libraries. Grant condi- tional. To draw public grant for exam- Aiers, &c. To publish re- port ana jour- nal. Tj modify pro- visions as to in- spection. To appoint Pro- vincial Board of examiners. (8.) To determine all cases of appeal from the decisions of commissioners and trustees, and make such orders thereon as may be required. (9.) To mai?e regulations for constructing, locating and controlling county academies, and to authorize the pay- ment of provincial grants to the same. (10.) To receive the recommendation of any inspector, for separate apartments or buildings in any section for the different sexes or different colors, and make such decisions thereon as they shall deem proper. (11.) To make any provisions, not inconsistent with tiiis Chapter, that may be necessary to meet exigencies occur- ring under its operation. (12.) To draw from the Provincial Treasury a sum not exceeding sixteen hundred doIiars,for the establishment of school libraries, on the condition that any section raise a sum equal to the amount sought from the Council (consid- eration being given to poor sections) ; the books to be selected from a general catalogue authorized by tlie Coun- cil, and the libraries to be managed under uniform regula- tions prepared by the Council, and at all times to be open to the inspection of the Superintendent, Inspectors and Examiners. ("13.) To draw from the Treasury, upon the requisition of the Superintendent, a sum sufficient to paj- the amount allowed to provincial examiners, and the expenses incurred by the Superintendent in furnishing printed instructions, blank forms, and copies of this Chapter, as directed by law ; and, also, five cents a mile towards the travelling expenses of students attending the Normal School, (14.) To draw annually from the Provincial Treasury such sum as shall be necessary for the publication of the Annual Report of the Superintendent of Education, and of an educational journal, a copy of which journal shall be supplied gratuitously to each board of trustees for their own and the teachers' use, and also to each inspector and each chairman of commissioners. (15.) To modify or change, from time to time, as the interests of education may require, the provision requiring an Inspector for each County, and to make such provi.sioiia for the payment of Inspectors consistent with economy and eflSciency as they may deem proper ; provided that the expense of inspection shall in no case be increased. (16.) To appoint four qualified persons, to constitute a Provincial Board of Examiners, to examine and report upon the written exercises of all candidates for license to teach in the Public Schools of this Province. The Council shall also have power to prescribe the mode in which examinations shall be conducted, to designate the times TITLE VII.] PUBLIC INSTRUCTION. 165 and places at which candidates shall present themselves Chap. 32. for examination, and to make such further arrangements — as may be necessary, in order to insure the uniform classi- fication and licensing of teachers. The Examiners, so Examiners, how appointed, shall be paid at the rate of seven cents for p"'"*- each paper submitted for their judgment ; and the person appointed to conduct the examination in each countj' shall be paid a sum not exceeding three dollars per diem while actually engaged in the duty. 4. The Council of Public Instruction shall have the councu of in- general superintendence of the Normal School, shall pre- to™hX^ pare and publish regulations under wbich money shall be ^™''^^^'jj|°f'' drawn and expended and teachers classified, and shall tiona, appoint make such general regulations for the guidance of school ®'^™""'"' boards as may seem best fitted to bring about uniformity in their proceedings. SUPEMNTENDBNT OF EBTJCATION. 5. The Superintendent of Education shall receive an Baiaryanddu- annual salary of one thousand two hundred dollars, and ^ndeLr"'""" four hundred dollars for travelling expenses and contin- gencies of office. The Superintendent's duties shall be as follows : (1.) To have, subject to tho Council of Public Instruc- tion, the general supervision and direction of the Inspec- tors, the Normal School, County A.cademies, and Common Schools. (2.) To enforce the provisions of this Chapter and the regulations of the Council. (3.) To promote the establishment and efficiency of county academies. (4.) To hold public meetings and institutes of teachers. (5.) To inquire and report respecting the qualifications of teachers and the management of schools. (6.) To inspect, as often as possible, all tho county academies, and, when directed by the Council of Public Instruction, any school receiving provincial aid. (7.) To prepare printed instructions and blank forms for all purposes required by this Chapter, and furnish them, together with copies of this Chapter and the regu- lations of the Council, gratuitously, to the Inspectors, Boards of School Commissioners, Trustees and Teachers. (^.) To make annually, for the information of the legis- lature, a report on the state of the academies and schools subject to his inspection and supervision, accompanied by full statistical tables and detailed accounts of the expendi- ture of the moneys appropriated under tliis Chapter, and offer such suggestions on educational subjects as he may deem proper. 166 PUBLIC IN8TEUCTI0N. [PART I. Chap, 32. 6. The Superintendent sball, with the approval of the Buperiutendent, Cotincil of Publie InstrtictioTi, Withhold the provincial with approval of grfvnt, or a portion thereof, from any teacher who has not council, may o ,. -i • i i • . /• i • >-»i withhold grant, comphed With the requirements or this Chapter. COSOnSSIONBBS OP SCHOOLS. Governor in Council to ap- point commiB- eioners; Consolidation of boatds of com- missioners. Proviso. Ifestirgs of be aids. Betums, whento be lodgtjd ut inspector's office. Commissioners to receive in- spector's report. 7. The Governor in Council shall have power to appoint seven or more commissioners for each district, who shall form a Board of School Commissioners, of whom live shall he a quorum. 8. In ever)' county where there are two or more sepa- rate Boards of School Commissioners empowered to draw upon one and the same County School-Pund; there aliaiJ hereafter be one Board of Commissioners instead of such separate Boards, and the members of the existing Boards shall be members of the new Board, and any trnst or property vested in existing Boards shall vest in the new Board ; provided, however, that such consolidation of Boards shall tai s^'™- 23. Mt the first annual meeting of any section, under Modeofappoint- this Chapter,themMJority of the qualified voters present shall '■"s trustees. elect from their own number three Trustees ; and at the second and third annual meetings one of the Trustees elected at the first meeting shall go out of office by ballot, and at each annual meeting thereafter he who has served the longest shall retire from office, and each of the vacancies 170 PDBLIC INSTRUCTION, [PART I, Chap. 32. Trustees, how disqualified to act, &c. Penalty for not acting as trus- tee. Trustees may co-operate with trustees of insti- tutions receiving separate grants. May admit to school pupils from other sec- tions. Trustees to be body otfrporate. Trustees to in- sure. shall be filled by the election of a new Trustee ; provided always, that he whose term of office lias expired may bo re- elected) with his own consent, his time of service to date from such re-election,; but it shall always be competent for existing Trustees to complete the business of the clo- sing school year. 24. Any person holding the office of Trustee of Schools in any section, who shall become insolvent or assign his property for the benefit of his creditors, or become per- manently until ted tor business, or shall cease to reside in the section, shall thereupon cease to hold such office of Trustee ; and tlio otiier Trustees shall call a meeting for the election of a new Trustee in his stejid, as provided in the case of extraordinary vacancies. 25. Any person elected or appointed a Trustee, not being a Commissioner of Schools, and refusing to act, or any Trustee wIiQ, having accepted office, shall not perform the duties thereof, shall, for ever}- sucli offence, forfeit the sum of twenty dollars, to bo collected by any rate-payer in tlie section ; such sum to be payable to the Inspector, or his ord^r, and applied by the Board of School Commis- sioners of the county or district as special aid to the erection of school houses. 26. It shall be lawful for the Trustees of any section, wherein are located academic institutions other than county academies, to co-operate with an equal number of persons, cliosen by the governing bodies of such institu- tions, in order that the section may secure the educational advantages supplied by such institutions; such combined Board of Trustees to manage the school or schools, as the case ipay be, in accordance with the provisions of this Chapter. 27. The Trustees of any section may, in their discre- tion, admit to school privileges pupils from other sections; and if the Trustees shall deem it necessary, they may exact from such pupils a reasonable tuition fee. 28. The Trustees of any section shall be a bodj' corpo- rate for the prosecution and defence of all actions relating to the school or its affairs, and other necessary purposes, under the title of " Trustees of School Section No. , in the district [or districts] of ;" and they shall have power, when authorized by the school meeting, to burrow money for the purchase or improvement o/grounds for school purposes, or for the purchase or building of school-hoasos ; and all such amounts shall be paid by equal yearly instalments, not exceeding five, to be asvsessed upon the section ; and the money so borrowed shall be a charge upon the school section. 29. The Trustees in the several couiities are author- ized to effect insurances on school-houses. TITIiE Vn.] PUBLIC INSTRUCTION. 171 30. The duties of the Trustees shall be as follows: — Chap. 32. ^1.) To meet as soon after the annual election or a p. Duties of tms- pointment of Tru?teea, or a Trustee, as practicable, and tees, appoint one of themselves, or some other person, to be S'gMle.^'"* Sepretary to the Board of Trustees, and to provide him with a suitable blank-book, andinstruot him to keep there- in and carefully preserve a correct record of all the doinga of the Board. (2.) To take possession of, and hold as a corporation, in hold school ill the school property of the section, or which may baP™P®''*y- purchased for, or given to it for^ the use or support of common or academic schools; provided' always, that they shall not interfere with any private rights or the. rights of any religious denomination. (3.) To ieaso or rent lands or buildings, if necessary, to lease or rent for school purposes, for a period of not less than five '*'"*^" months, or, if the section be poor, not less than three months. (4.) To determine the sites of school houses, subject to tdAx sites of the sanction of the three nearest commissioners, residing^" °° °^^ out of the section ; and^, in case the three nearest com mis- Proviso, sioners do not agree as to the site of a school house, the matter sliall be referred to the Board of Comiiissioners for the district or county in which the school is situate, and their decision siiiili be final. In cases of border sec l;ions where the three nearest commissioners do not agree, it shall be referred to the Inspector of the county in which a majority of the rate-payers of such border section, reside, subject to an appeal to the Superintendent of Education, whose decision shall be final. (5.) To provide school privileges, free of charge, for To provide ,1 ' • 1 . • .1 ^- f 1 1 school aocommo- all persons pesiaent in the section, tive years ot age and dation as foi- upwards, who may wish to attend school, and, when author-'"^^' ized by the school meetiog, improved school aecommoda- tions; such accommodations to be provided, as far as possible, in accordance with the following arrangements: — (a.) For any section having fifty pupils or under, a house with comfortable sittings for the same, with one teacher. (b.) For any section having from fifty to eighty pupils, a house with comfortable sittings for the same, and a good class-room, with one teacher and an assistant. (c.) For any section having from eighty to one hundred pupils, a house with comfortable sittings for the same, and two good class-rooms, with one teacher and two assistants ; or, a house having two apartments, an elemeulary and preparatory, with two teachers : or, if one commodious building cannot be secured, two houses may be provided in different parts of the section, with a teacher in each ; 172 P0BLIC INSTRUCTION. [PART I. Chap. 32. Disposal of school land. Trus'e«a shall regulate attend- ance of pupils in several de- partments. Shall regulate attendance when council permits separate depart- ments. Trustees' further duties. Shall employ teachers. Give notice of opening of schools. ono being devoted to the younger children, or elementary " department, and the other to the more advanced or pre- paratory department. (d.) For any section having from one hundred to one hundred and fifty pupils, a liouse with two adequate apart- ments, an elementary and a prepai-atory. and a good clns3- room, accessible to both, with two teachers, and, if neces- sai-y, an assistant : or, if the section be long and narrow, three houses may bo provided, two elementary and one pi-eparatoi-y, the former being located towards the extremes of the section, and the latter at or near the centre. (e.) For i»ny section having from one hundred and fifty to two hundred pupils, a house with three apartments, an elementary, a preparatory, and a high school, and at least one good class-room, common to the two latter, with thi-eo teachers, and, if necessary, an assistant: or, if necessary, separate houses may be provided for the different depart- ments in different parts of the section. (/.) And, generally, for any section having two hundred pupils and upwards, a house or houses, with sufficient accommodations for different grades of elementary and preparatory schools, so that in sections having six hundred pupils and upwards, the ratios of pupils in eletnentary, preparatory, and high school departments, shall be respec- tively about eight, three and one. 31. Whenever it m-iy be deemed desii-able to change the site of a school house, or to dispose of school lands by sale or exchange, sncli lands may he disposed of by the Trustees, who are iierehy authorized to purchase or accept other lands or sites in lieu thereof. 32. In any section having more than one department under one roof, or under sepai-ate roofs, the Trustees, by the aid of the teachers or otherwise, shall regulate from time to time the attendance of pupils in the several depart- ments according to their attainments. 33. If in any section the Council of Public Instru'ction shall permit separate departments under the same or separate roofs, for pupils of different sexes or different colors, the Trustees of the section shall, in tliis as in other cases, regulate attendance on the several departments, according to the attainments of the pupils. 34. It shall further be the duty of the Trustees : (1.) To contract with and employ a licensed teacher or teachers for the section, and, where necessary, licensed [or unlicensed] assistants, for a period of not less than five montiis; or, if the section be poor, uot less than three months. (2.) To notify, as they may deem proper, the inhabi- tants of the section, of the opening or re-opening of the TITLE VII.] PDBLtC INSTRUCTION. 173 school or schools, so that pupils may present themselves Chap. 32. for classification without dblav. (;1) To tnrnisli. in case the annual meeting shall have Famish town deturminecl to raise money for the purchase or buihling pf^o^e^Xitrusf of school-houses, or for the purchase or improvement of 9' "'-*'? , II II 1 I I I /-I I 1 inhabit luts of school grounds by assessment, the town clerk or the Ulerk section. of tlie Peace for the county in which the section or a portion of it may be situate,' a list of the iniiabitants of the county resident in the section liable to be taxed ; and the town cleik or the Clerk of the Peace shall affix the amount of property tor which eacli is assessed according to the county assessment roll for the year; and tiie town cierk's fee. clerk, or the Clerk of the Peace, as the case may be, shall be entitled to receive from the Trustees a fee of twelve cents for every list so furnished where the number of rate- pa^'ers in the section does not exceed twelve, and of twenty-five cents where such number exceeds twelve. (4.) To provide by assessment, as set forth in section provide tor ereo- 54, for the purchase of suitable grounds, and the purchase hoSs^.'"'""' or erection of a house or houses, according to the decision of tiie school meeting ; to select the design of building most suitable, and let out the work; the amount required being levied and collected in equal portions, from year to year, not exceeding five years, with any interest accruing, until the whole shall have been raised. (5 ") To visit the school at least four times in each year, vuitsohoois. and to be present, when practicable, at the semi-annual examinations and the visitations oi the Inspector. (6.) To expel from school any pupil who is persistently Bxpei or sus- disobedient to the teacher, pr addicted to any vice likely p™^p"P'''- to injuriously affect the characters of other pupils; or to suspend any such pupil until there shall be indications of reform. (7.) To adopt efficient measures for the preservation of Health ot school. the health of the school. (8.) To call a special meeting of the section, due notice May caii special being given by means of the school or otherwise, for the '"^''°^^' purpose of filling' any extraordinary vacancy occurring in the lioard of Trustees, and for any other necessary pur- pose ; and at any such meeting a chairman and secretary shall be appointed, as provided for the annual meeting. (9.) To present an annual report on the state of the Annual report, school or schools, and of the doings of the Board, at the regular school meeting in September. ( 10.) To prepare, or have prepared, a true return of the school returns. state of the school, according to the form drawn up for that purpose by the Superintendent; and, if there are more than one department in the section, a return for each, \ return for iudicatiug the grade of each department, ; and to lodge me'nt?'^*^ 174 PUBLIC 1N8TBUGTI0N. [PART I. Chap. 32. the same, duly certifiwd by the teacher or teachers, at the To be forwarded district oflSce of the Inspector, on orbefore ti)e day fixed for by a certain day. the Same l)y the Commissioners for the district ; and, if the Eetijrn of border section be u border section, tlie Trustees shall present a •actions. complete return to each Board of Commissioners, under whose supervision a part of the section may lie, marking the same as a border section, and stating also in each return the number of rate-payers resident within the portion of Penalty tor false each district embraced in the same ; and, if the Trustees return. of auj' section shall present a false return, the provincial grant shall be withheld from the section over which tbey preside. May suspend or 35. Trustecs shall have power to suspend or dismiss dismiss teachers. ^^^^^^ ^j^^j^. g^^pjoy. ^^y teaclier for gross neglect of duty or wotifloation of immorality; and they shall immediatelyforward a written ' ™°' statement of the facts to an acting member of the Board of Commissioners for the district, and they shall also forward a statement of their proceedings to the Superintendent; Pay of such and the pay of any such teacher shall thereupon cease, **"''*™' unless otherwise ordered by the Board of Commissioners upon the appeal of the teacher ; but he or she shall be paid rateably up to the time of his or her suspension or dis- missal. May exempt 36. On proof of inability to pay any school assessment from school tai. i, . xi m i. i n i or poll-tax, the Irustees shall have power to exempt any person in part or altogether from the payment tliereof without prejudice to the rate ; and the Trustees shall present a statement of any such exemptions, in their report to the annual school meeting. Special meetings 37. Upon the requisition of the majority of the rate- to vote money, payers of any section, the Trustees shall convene a special meeting of rate-payers for the purpose of voting money or adding to any amount previously voted for any purpose authorized by this Chapter; notice of which meeting sliall be given by the Trustees, as provided in the case of the annual meeting, and such notice shall express the object of such meeting. SEftnETABY 01' TBTJSTEES. Bond given by 38. The Secretary of the Trustees 'shall give a bond to tTOsteraf Her Majesty, with two sureties, in a sum at least equal to that to be raised by the section during the year, for the faithful performance of the duties of his oflSce ; and the same shall be lodged by the Trustees with the Clerk of the Peace for the county or district. Bwretary's com- 39. The Secretary shall be entitled to receive' five per cent, commission on all suras collected by 'him or under his direction for the support of the school or schools, in- TITLE VII.] PUBLIC INSTRUCTION. 175 eluding expenditure for rents, repairs, furniture, out- Chap. 32. touRes, fuel, maps, apparatus and salaries ; except in case's wllere payment shall be voluntarily made, when he shall make a deduction to persons making snch payment of two and a half per cent, from his commission ; and he shall be entitled to two and a half per cent, on all sums collected by him, or under his direction, for the purchase or erection of a new scbool-honse or houses, and for the purchase or improvement of school-house grounds. A payment shall bo considered to have been made voluntarily if made within twenty days after the collector's roll is made up and posted up in at least three public places in t'he district. 40. '1 be Secretary's duties, to be performed under the J^"*'^' <>' "^'=^«- direction of a majority of the Trustees, either by the Secretary in person, or under his direction, shall be as follows : (1.) To keep the accounts, moneys, and records of the Board, and to collect and disburse all school moneys. (2.) To keep the school-house or houses in good repair, and supply the same with comfortable furniture, out-houses, fuel, prescribed school books, maps and apparatus. (3.) To promptly supply to the teacher or teachers copies of the school register prescribed by the Council of Public Instruction, and carefully preserve the old registers. (4.) To keep a faithful record of any school books, maps, or apparatus that may at any time be procured for the use of the section. (5.) To present the teacher with a copy of the inven- tory of the school property under his or her charge, and renew the same from time to time, (6.) To post up the collectors roll in the manner pro- vided for in section 39. (7.) To take due care of the library books of the sec- tion, and see that the same are managed in conformity with the regulatious of the Council i and, generally, to transact any business of the Board, as direcJted by a majority t)t the Trustees. MODE OP StTPPOKT. 41. There shall be paid annually from the Provincial Amount of an- Treasury, for Common Schools throughout the Province, ^a^nt?™""™ the sum of one hundred and seventeen thousand dolliirs ; out of which sum there shall be paid to the City of Halifax seven thousand five hundred dollars. 42. After deducting such sum of seven thousand five Mode of distfi- hundred dollars, the balance shall be distributed between ''"*'™' the several counties of the Province, according to the grand total number of days' attendance made by all the pupils in the public common schools throughout the Province. 176 PUBLIC INSTRUCTION. [PART I., Chap. 32. 43. All teachers ?iol■ the space of , or until he shall have given such bond, or shall otherwise be removed according to law. Witness our hands and seals, this day of A. D. 18 — . B. P., J. P. (seal.) L. M., J. P. (seal.) Warrant to apprehend feputed father after order of filiation, lohere 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 day of , A. B. of , and C. D. of , which said A. B. appeared under the said warrant, but the said C. D. could not be found ; and on hearing the evidence then adduced before us we did make an order of- filiation in the absence of the said C. D., but he the said C. D. has not complied therewith : these are therefore to command you to bring the said C. D. before us at the , on the day of , at o'clock^ that he may be examined by us touching such order of filiation, and shew cause why he should not comply with such order, and enter into bonds for the performance thereof, and otherwise to be dealt with according to law. Given under our hands and seals this day of , AD. 18—. ^ E. P., J. P. (seal.) L. M., J. P. (seal.) TITLE VIII.] BASTARD CHILDREN. 205 The form of commitment the same as that under the Chap. 35. 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 Over- seers of the Poor for the Township of , in the said County, in dollars, to be paid to the said Overseers of the Poor and their successors in office or their certain attorney, executors, administrators and assigns, for which payment to be well and truly made we bind ourselves and each of us by himself, our and each of our heirs, executors and administrators, firmly by these presents, sealed with our seals. Dated this day of , A. D. 18 — . Whereas by an order of filiation made by and , Esquires, two Justices of the County aforesaid, in the matter of a bastard child, lately begotten on A. B., the said C. D. hath been adjudged to be the father of such child, and to obey such order of filiation. Now the con- dition of this obligation is such that if the said C. D., his executors, or administrators, do well and truly obey such order of filiation, then this obligation shall become void. Signed, sealed and delivered ) C. D. (seal ) in presence of J. K. f G. H. (seal.) Tlie like, where an appeal from such order shall 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 Over- seers of the Poor for the Township ot , in the said County, in dollars, to be paid to the said Overseers of the Poor and their successors in office for the time being, of the said Township of , or their certain attorney, executors, administrators and assigns, for which payment to be well and truly made we bind ourselves and each of us by himself, our and each of oiir heirs, executors and administrators, firmly by these presents, sealed with our seals. Dated this day of , A. D. 18 — . Whereas by an order of filiation made by and _, Esquires, Justices of the Peace for the County aforesaid, in the matter of a bastard child, lately begotten of A. B., the said C. D. hath been adjudged to bo 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 Halifax.} Now the condition of this obligation is such, that in case such order 206 ' LUNATICS. [part I. Chap. 36. shall be confirmed by the Court, then if the said C. D,, his executors or administrators, do pay all costs and charges which may be legally incurred by the Overseers of the Poor for the said Township, in consequence of such appeal, and also do obey such order so confirmed, this obligation shall become void. Signed, sealed and delivered ) C. D. (seal,) in the presence of ) G. H. (seal.) J. K. TITLE IX. OB' LUNATICS. CHAPTER 36. OP LUNATICS AND THE CUSTODY AND ESTATES OF LUNATICS. Securing of luEa- ]_ Any lunatic being at large may be apprehended Un- der warrant from two justices of the peace, and if his legal settlement shall be in any place within the county or district, he shall be secured within the same ; and if such settlement shall not be within the county or district, he shall be sent by the justices, by order under their hands, to the place of his last legal settlement, and shall be there secured under a warrant from two justices of the peace for the county or distriict to which he shall be so removed : Charge of main and the charges of removiAg, maintaining and curing such tenanoe, &o. j^rsoD duriug his restraint, having been first proved on oath before two justices, shall be paid out of the proceeds of the personal property, or the rents of the real estate of such person, if any he have over and above what will maintain his family ; and such property or rents may, for that purpose, be seized and sold by the overseers of the poor of the place of such person's last legal settlement, under a warrant from two'justices ; and if such person has not any property or rents applicable therefor, then such expenses shall be borne by the inhabitants of the county or district within which such person shall have his last legal settlement. Appointment of 2. When the relatives or friends of any insane person, funYtira" °' 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 guardian appointed for him, notice TITLE IX.] LUNATICS. ^^ 207 shall be given to such insane person if at large, and if he Chap 36. be under restpaint, to those having charge of him, of the time and place appointed for hearing the case, not less than fourteen days before the time so appointed ; and if, after a full hearing, it shall appear to the Court or Judge that the person in question is incapable of taking care of himself, such Court or Judge shall appoint a guardian of his person and estate with the powers and duties herein- after 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. 3. When a guardian shall be appointed for an insane Payment ot person the Court or Judge shaH; make an allowance to be su^d'an- paid by the guardian, out of the estate of such insane person, for all reasonable expenses incurred by the ward in opposing the application. 4. Every guardian of an insane person shall pay all Guardian to pay just debts due from the ward out of his personal estate if estate, debts^lc. sufficient, and, if not, out of his real estate," upon obtaining a license for the sale thereof from the Supreme Court or any Judge thereof. He shall also settle all accounts of the ward, and shall sue for, recover and receive all debts due to him, or may compound for the same and give discharges to the debtors ; and he shall appear for, and represent the &jardian to re- ' . ,11 1 ^1 .j_ 1 1 •! -I present lunatic insane person in all legal and equitable suits and pro- maiisuits. ceedings. 5. The guardian shall also manage the estate frugally Guardian to ar- and without waste ; and shall apply the profits thereof, as Sta^e.'™"'"''' tar as necessary, to such insane person's comfortable and suitable maintenance, and that of his family; and, if such profits be insufficient, the guardian may sell or mortgage the real estate, upon obtaining a license so to do, and shall apply the proceeds, so far as may be necessary, to the maintenance and support of such insane person and his family. 6. On a sale taking place under a license to sell the saie of lunatic's real estate of an insane person, the guardian shall execute ®^'^' in the name of such insane person the deed thereof, which shall convey such real estate to the purchaser, either abso- lutely or by way of mortgage, as therein specified, in the same way as if executed by such insane person himself when of sound mind. 7. When any guardian so appointed shall remove from Guardian becom- the Province, or become insane, or otherwise incapable of Sfy'^'^^^^! discharging his trust, or shall be evidently unsuitable therefor, the Supreme Court or a Judge thereof, after no- tice to such guardian if resident in the Province, and to all others interested, may remove him ; and every guardian may upon his own request be allowed to resign his trust, 208 LUNATICS. [part I. Chap. 36, when it shall appear proper to the Court or a Judge to allow such resignation ; and, upon every such resignation or removal, and also upon the death of any guardian, the Court or a Judge may appoint another in his stead. Guardian to give 8. Every guardiau shall give a bond, with sureties, to bond. g-gj. Majesty with the following conditions : First. — To make a true inventory of all the real estate and all the goods, chattels, rights and credits of the insane person, that shall come to his knowledge, and return the same into the Supreme Court, at such time as the Judge shall order. Secondly. — To dispose of and manage all such estate and effects according to law and for the best interests of the insane person, and faithfully to discharge his trust in relation thereto. Thirdly — To render an account on oath of the property in his hands including the proceeds of all real estate sold by him, and of the management and disposition of all such property, within one year after his appointment, and at such other times as the Court or a Judge shall di- rect ; and Fourthly — At the expiration of his trust, to settle his accounts with the Court or a Judge, or with the insane person in case of his restoration to reason, or in case of his death with his legal representatives ; and to pay over and deliver all the estate and effects remaining in his hands or due from him on such settlement, to the person lawfully entitled thereto. Payment of ex- ^' '^^c reasonable expenses of the apprehension and penses of aopre- removal of any insane person, having been verified on oath movai of insane before the Custos or any two justices of the peace, either person. beforo or after such removal, and by them allowed, shall upon their order be paid, by the Treasurer of the county or district out of the county or district funds, to the per- son appointed to apprehend and remove such insane per- son ; and such expenses shall afterwards be levied, by warrant of distress to be signed by two justices of the peace, on any goods or chattels of such insane person, or may be realized out of the real estate of the insane person or the rents thereof as provided in this Chapter; and for want of such property shall be a charge against the county or district in which such insane person shall have had his ,ast legal settlement, as hereinafter provided. Prevention of . 10. The better to prevent crime being committed by crime. ^nsauo persous ; if any person shall be discovered and apprehended under circumstances denoting a derange- ment of mind and a purpose of committing some crime for which, if committed, such person would be liable to be indicted, it shall be lawful for any two justices of the TITLE IZ.] LUNATICS. 209 peace of the county or district, before whom such person Chap. 36. may be brought, to call to their assistance any legally qualified medical practitioner ; and if upon order and examination of such person so apprehended, or from other proof, such justices shall be satisfied that such person is insane, or is a dangerous idiot, it shall be lawful for them, by warrant under their hands and seals, to commit such person to the gaol of the county or district, there to be kept in strict custody until such person shall be discharged by the order of two justices ot the peace, one of whom shall be one of the justices who shall have signed such ^warrant, or by a Judge of the Supreme Court, or until such person shall be removed to a proper lunatic asylum, or to the custody of guardians appointed under this Chapter. 11. Any two justices may inquire into and ascertain, by Examination of the best legal evidence that can be procured under the cir- aMMpen'ses'"' cumstances of the personal legal disability of such insane "le^eot- person or dangerous idiot, the place of the last legal set- tlement of such person, or of any other person tried and ac- quitted on the ground of insanity, or of any person found insane under any provisions of this Chapter ; and it shall be lawful for such two justices to make an order, under their hands and seals, upon the overseers of the poor of the township or place where they adjudge him to be legal- ly settled, to pay all reasonable charges of examining such person and conveying him to such county or district gaol, and to pa}' such weekly sum for his maintenance in such place of custody, as such two justices, or any two justices shall, by writing under their hands, from time to time •direct ; and, where such place of settlement cannot be as- certained, such order shall be made on the Treasurer of the county or district where such person shall have been in custody or apprehended : Provided always, that nothing herein contained shall be construed to extend to restrain or prevent any relative, guardian or friend from taking such insane person or dangerous idiot under his own care and protection, if he shall enter into a sufficient recogni- zance for the peaceable behavior or safe custody of such insane person or dangerous idiot, before two justices of the peace, or the court of sessions, or a Judge of the Supreme Court : and provided also that the overseers of the poor of the township or place in which the justices shall adjudge any insane person or dangerous idiot to be settled, may appeal against any such order to the next general or special sessions to be held for the county or district where such order shall be made, in like manner and under the like regulations and restrictions as against any order of re- moval, giving reasonable notice thereof to the Clerk of the Peace of the county or district upon whose rates the bur- U 210 LUNATIC3. [PART I. PajTnent of ex- Venses incurred by overseers of poor. Chap. 36. den of maintaining such insane person or dangerous idiot might fall if such order should he invalid ; and such Clerk of the Peace shall he respondent in such appeal, which appeal the justices of the peace assembled at such general or special sessions are hereby authorized and empowered to hear and determine, in the same manner as appeals against orders of removal of paupers are now heard and deter- mined. 12. All charges herein mentioned that may be incurred by any overseers of the poor for any township or place, or by any county or district, under this Chapter, having been first proved on oath before two justices, shall be repaid to such overseers or to the Treasurer of the county or dis- trict respectively, as the same may have been incurred, out of the proceeds of the personal property or the rents of the real estate, or, if necessary, the real estate itself of such insane person or dangerous idiot, if any he have over and above what will maintain his family, which may for that purpose be seized and sold by such overseers or County or District Treasurer, under a warrant from two justices ; and, for want of such property, such expenses shall be paid by the county or district in which such in- sane person or dangerous idiot shall have had his last legal settlement; and the same shall be a county or district charge, to be assessed, levied and collected in the same manner as county rates. 13. Any person shall be deemed a legally qualified medical practitioner for the purposes of this Chapter who would not be disqualified by law from recovering a fee or reward for his professional services. Qualification of medical practi- tioner. lltle and object of hospital for insane. Management of hospital. Visitora. Bye-lawi. HOSPITAL FOR THE INSANE, 14. The title of the above institution shall be the " Nova Scotia Hospital for the Insane;" and its object shall be the most humane and enlightened curative treatment of the insane of this Province. 15. The financial and general management of the Hos- pital shall be vested in the Commissioner of Public Works and Mines. The following persons shall be ex officio visi- tors of the Hospital, that is to say, the Lieutenant Gover- nor, the Chief Justice, the Provincial Secretary, the Presi- dent of the Legislative Council, the Speaker of the House of Assembly, the Committee of the House of Assembly on Humane institutions, and the heads or authorized repre- sentatives of all the Christian Churches in the Province. The Commissioner of Public Works and Mines shall make all needful bye-laws for the government of the Hospital, not inconsistent with the laws of the Province ; but, before such bye-laws shall have effect, they shall be submitted to and approved of by the Governor in Couaoil. TITLE IX.] LUNATICS. 211 16. The Governor in Council shall appoint a Medical Chap. 36. Superintendent, who shall be a well educated physician, Appointment of and shall, with his family, reside on the premises, and medical supenn- devote his whole time to the welfare of the institution, and whose salary shall be two thousand dollars a year, with fuel, gas and lodging. 17. The Governor in Council shall also appoint a Medi- Medical assist- cal Assistant, who shall be a well educated physician, and ""*■ shall, with his family, reside on' the premises, and devote his whole timn to the welfare of the institution, performing his duties under the direction of the Medical Superinten- dent, and who shall receive a salary of twelve hundred dollars a year, with fuel, gas and lodging. 18. The Governor ia Council shall also appoint three Board of eom- persons as a board of Commissioners, who shall have and SJIS,"&^' """' exercise a general supervision over the Nova Scotia Hos- pital for the Insane, and who shall be paid two hundred dollars a year, each, for their services ; and they shall meet quarterly at the Hospital, and as often there and elsewhere at other times, as business or circumstances may require. One or more of them shall visit the Hospital at least once a week. They shall see that the laws of the Province and the bye-laws of the institution are faithfully adhered to and carried out; shall inspect the books and records of the institution ; view the wards and premises appropriated for the use ot the patients ; as far as practicable examine their food, and see that the contracts in reference thereto are duly performed ; and shall also make inquiry relative to the health, treatment and general condition of the inmates ; and they shall make entries as to the result of their visita- tions in a book to be kept at the Hospital for that purpose. 19. Whenever there are vacancies in the Hospital, the Admission of Commissioner of Public Works and Mines shall admit patients, patients for whom admission is sought ; but he shall have power to refuse cases that are not suicidal, or dangerous through violence to others, and that are from long standing not likely to be benefitted by treatment in the Hospital, and also epileptic or idiotic cases. 20. Ill every case where admission is sought for a statement in patient, a statement in writing in the form of Schedule A J^ertoSu^rin- shall be filled up and forwarded to the Medical Superin- *«'"'«''*• tendent for examination ; and his answer and approval shall be received before the patient is forwarded. No person shall be received into the Hospital for the Insane as a patient, without a certificate as in Schedule B, from two qualified medical practitioners in actual practice in the Province, of whom the one shall cot be the son, brother, partner or assistant of the other ; the examination therefor having been made not more than thirty days before admiasion. 212 LUNATICS. [PART I. Chap. 36. 21. In case of private paying patients, a bond shall be Private paying gi^en to the Commissioner of Public Works and Mines with patients. sufficient suretics, for payment of expenses, and a payment of one quarter's board shall be made in advance. Such bond may be sued on as often as shall be necessary, and recovery had, agreeably to proceedings in summary suits in the Supreme Court. Warrant for 22. In caso of the Committal of an insane person to the Hospital for the Insane, the warrant therefor shall be in the form in Schedule C, and shall be issued by the Sheriff or two justices of the peace of the county or district in which the insane person shall be found ; and such insane person shall be chargeable to the county or district from which he shall have been sent to the Hospital under such warrant, unless it shall be shewn to the satisfaction of the Commissioner of Public Works and Mines that such insane person is legally chargeable as a pauper to some other county or distVict, or has no legal settlement in the Pro- vince, or is chargeable to a guardian or other person. Settlement of 23. The Commfssioner of PubHc Works and Mines shall TO^nti^d^rrge" bave power to investigate and determine any disputes that able for mainte- jjjay arise as to the county or district chargeable for the nance of insane, ;' . . •' ii-r-iii/- maintenance of a patient in suck Hospital ; and, before the Commissioner shall decide in the matter, he shall give reasonable notice to the counties or districts interested, through their Clerks of the Peace, of the time and place of such investigation; and at such time an(^ place shall hear the evidence and allegations that shall be adduced respect- ing the matters in dispute, and decide accordingly. Such decision shall be final and binding in law upon the coun- ties, districts and parties interested. Duty of sheriffs 24. Whenever any person shall be so deranared in his and justices to . , ,i .1,1 t 1 •.. -i , ^ . , investigate cases intellect that he canuot be permitted to go at large without o insanity. danger, or is suffering unnecessary duress or hardship, it shall be the duty of the Sheriff or any two justices of the . peace of the county or district in which such insane person may be found, on being applied to for that purpose, to investigate the case, and summon to their assistance any one or more medical practitioners duly qualified and prac- tising within the Province ; and if such insanity be proved and certified by such medical practitioner or practitioners as in Schedule B, the Sherifi' or justices shall issue a war- rant as in Schedule C, directed to any constable of the county or district, who shall apprehend such insane person and convey him to the Nova Scotia Hospital for the Insane ; and when such insane person is found to have had his last legal settlement in any other county, district or place, and if on investigation the Sheriff or justices consider and determine that to send such insane person to his place of TITLE IX.] LUNATICS. 213 legal settlement, as provided ia the first section of this Chap. 36. Chapter, would be dangerous or prejudicial to such insane per.'^ou's life or health, such insane person may be sent directly to the Hospital for the Insane, and the proceed- ings to recover the expenses incurred therefor shall be as provided for in such first section. 25. In case such person shall have been certified to be certmoates of 1 1 Ti ,.,• IP !• two practitioners insane by only one medical practitioner, before nis appre- required. hension, he shall be again examined and certified as in Schedule B by two duly qualified practitioners, to be appointed by the Commissioner of Public Works and Mines, before he shall be admitted into the Hospital. 26. The expenses of all pauper lunatics, now or here- Expenses of pan- after confined in the Hospital for the Insane, shall be chargeable on the respective counties or districts in which they shall have obtained legal settlements ; and such ex- penses shall in each case be a county or district charge, to be assessed, levied and collected in the %ame manner as county rates ; and in case the pauper lunatic shall not have obtained a legal settlement within the Province, the ex- penses shall be paid out of the Provincial Treasury. 27. In case the grand jury and sessions of any county Grand jury and or district which shall be liable for the expenses of luna- to^assess^county tics confined in the Hospital shall refuse or neglect to funatu^su? °' assess such county or district therefor, the Supreme Court premeciurtto or a Judge thereof, at any term in the county so liable, shall upon application by the Attorney General or a bar- rister of such Court by him authorized, amerce such county or district for the amount due, which with the costs and expenses attending such amercement, shall be assessed, levied and collected under the order of the Supreme Court or a Judge thereof, by the same persons whose duty it shall be to assess, levy and collect the county or district rates, and in the same manner as amercements on counties for other purposes are now by law made ; and the same when collected shall be paid into the Provincial Treasury. 28. If the guardian or other party to whom the expense Eefusaitopay of any patient who shall be in the Hospital is charsreable expenses of iTiiL -I -I -I iiip maintenance, shall neglect, or, upon demand made, shall refuse to pay to the Commissioner of Public Works and Mines the expense of the care, maintenance and removal of such patient, and also, in the event of death, the funeral expenses of such patient, such Commissioner is hereby authorized and empowered to collect the same by suit in his own name as an ordinary debt ; and on the trial of such cause a certified account from the Commissioner of Public Works and Mines shall be sufficient proof of the amount of such charges and expenses. 214 LUNATICS. [PAHT I. Chap. 36. 29. The Commissioner of Public Works aud Mines, in y Commissioner the case of patients now in the Hospital for the Insane, or andminermay °° whose behalf admissions are sought, and where, in his alter rateof judgment, there are circumstances justifying a departure tain cases!" from the Ordinary rates, may make special agreements for Extra charges, the amouut and payment of board ; and where a patient, from violence or otherwise, requires a special or extra at- tendant, such extra attendance shall be charged and paid for in the same manner as the ordinary charges. hinaticife^^ "' ^^' W^^" t^^ fuuds or property of a private paying iiausted. patient in the Nova Scotia Hospital for the Insane (above what will maintain his family) which may for that purpose be seized and sold, shall have been exhausted, it shall be the duty of the Gustos and Clerk of the Peace of the county or district in which such patient has a legal settle- ment, on application made by the guardian or friends of such patient therefor, to investigate the case ; and, if it is found that the patient is in such indigent circumstances, such Custos and Clerk of the Peace shall order the expenses to be made a charge on the county or district ; and such order shall be forwarded to the Commissioner of Public Works and Mines, who, on the receipt of the same shall, from that date, charge the expenses of such patient to such county or district ; and shall, on the payment ot all arrearages due, cancel the bond given on behalf of such patient ; or if, on such investigation, it is found that a part of the expense can be borne by the patient, an agreement may be made whereby such part shall be paid to the Trea- surer of such county or district, uora'to'r'ma'inte- ^1. Whenever the real and personal estate of any nance. luuatic or insauc person, not being a pauper, or of the hus- band, father or mother of such lunatic or insane person is not more than sufficient to maintain the family of any such person, the expenses of the maintenance of the insane person in the Hospital may be defrayed in whole or in part, from the funds donated or to be donated for that purpose to the Hospital, as the Commissioner of Public Works and Mines may on investigation order and direct. ■"vere^^tt^enta' ^2. The Commissioner of Public Works and Mines, upon the Medical Superintendent's certificate of recovery, amendment, harmlessness or unsuitableness, may discharge any patient, except those under criminal charges ; and the parties liable for the maintenance of such patient shall be duly notified of such discharge and the terms thereof: Provided that patients under criminal charges shall be discharged only as by law directed. Patients who have been for more than six months under care in the Hospital, and have so far recovered as to be capable of being taken D^ischarge on ^^^^ ^^ .^ ^ private family, may be discharged on trial in TITLE IX.] LUNATICS. 215 care of their relatives or iriends, or, failing these, may be Chap. 36. boarded out on such conditions and at such rate of pay- ment as the Commissioner of Public Works and Mines shall direct, which rate of payment shall not exceed the charge made for the maintenance in the Hospital of such patients. Such patients so discharged or so boarded out shall be under the supervision and inspection of the Medi- cal Superintendent, on whose report any such patient tshall, if necessary, be re-admitted to the Hospital, or if recovered be finally discharged. 33. Resident officers and other employes of the Hos- officers of hoapi- pital, while actually engaged as such, shall be exempt from *Sio?s! a?.*^^ "' service as jurors and as county, district and township offi- cers, and from the performance of statute labor on the roads. 34. In case the Commissioner of Public Works and Entry on lands Mines shall hereafter require to re-enter and re-open lands ^MnneSfon*'"" where pipes are laid, the proprietors or occupiers shall be ^'''' '^"^i'''^'- entitled to such compensation as may be agreed upon with such Commissioner : and in case of no agreement being entered into, either party may proceed in such case in the same manner as directed by Chaptev4i of the Acts of 1859, which shall be considered in force for that pur- pose. 35. The father, grandfather, mother, grandmother, chil- Relations of pa- dren and grandchildren respectively of any pauper lunatic uteto^ra^'d3°'"''' patient in the Nova Scotia Hospital for the Insane, being maintenance. of sufficient ability, shall contribute towards the main- tenance of sucli patient while in the Hospital to such extent as their means will permit without injury to them- selves or their families. 36. The court of general sessions of the peace shall Appointment of annually appoint not more than three committees of three tSdrduS justices of the peace in each county or district. Every such committee shall have power to inquire respecting the income and means of such father, grandfather, mother, grandmother, children or grandchildren, and to make an order on any of such parties requiring them to contribute towards the support and maintenance of such patient to such extent as the circumstances of the parties may warrant; and such committee shall summon the parties to be aflfected by such order to shew cause against the same, • and shall hear such parties, and thereupon may confirm, alter or modify such order. Any party aggrieved by such order may, within ten days after a copy of the order shall have been served upon him, appeal to the Supreme Court or a Judge thereof in the county ; but such appeal shall not be allowed, unless the appellant shall have served a notice in writing of such appeal on the Clerk of the Peace 216 LUNATICS. [part r. Chap. 36. Amounts recov- ered by suit paid into county treasury. Power of com- mittee. Payment of committee. Commissioner shall petition for Kinds required. Proceedings on petition. Order nisi pub- lished. Arbitrators appointed. within such ten days, and shall also within the same period have filed with such Clerk of the Peace an affidavit aworri to before a justice of the peace setting forth the ground* of such appeal, which affidavit and notice the Clerk of the Peace shall file with the Prothonotary in the county where the order shall have been made, on or before the first day of the next ensuing term of the Supreme Court in such county ; and the Supreme Court shall hear and determine the matter in a summary manner, and the decision of the- Court shall be final. 37. The Clerk of the Peace, under the authority of thfr General Sessions, shall sue for the amount payable by virtue of such order, in the same manner as if it were a private debt due himself; and the amount when recovered shall be paid into the County Treasury. 38. Every such committee shall have power to alter or modify any such order, or to discharge therefrom the party* affected thereby, if such party shall become so reduced in circumstances as not to be able to comply with the require- ments of such order without injury to himself or his family. 39. Every member of any such committee shall be entitled to receive the sum of one dollar and fifty cents for each day's necessary attendance on such committee,, which sum shall be a county charge. 40. Whenever the Commissioner of Public Works and Mines shall require any or further lands for, and in connec- tion with the Nova Scotia Hospital for the Insane, for any purpose whatever, he shall apply by petition to the Supreme Court, or a Judge thereof, which petition shall be accom- panied by a plan of the lands required. 41. Upon the presentation of such petition to the Court or a Judge, an order nisi shall be granted, calling upon all parties claiming any interest whatsoever in the lands applied for, either jointly or severally, to name an arbitrator ; and copies of such rule shall be served upon the parties in possession of the lands applied for, and the same shall be published for a fortnight, in one or more newspapers published in the City of Halifax : and such publication shall be considered as constructive service of such rule or order nisi upon all persons interested who are unknown to the commissioner or upon whom personal service cannot bo effected ; and in case they shall not all agree in the naming of an arbitrator the Court or a Judge shall name one for them ; and the Commissioner of Public Works and Mines shall name one on his own behalf ; and the Court or a Judge shall name the third arbitrator; and an order absolute shall thereupon pass appointing such arbitrators. TITLE IX.] LUNATICS. 217 42. The arbitrators shall be sworn before a Commis- Chap. 36. sioner of the Supreme Court, to the faithful performance proceedings of their duty. They shall hear the .parties and witnesses ana power" of as regards the value of the lands applied for, and shall, if" "■''°'^- they think proper, examine the locality ; and shall have power to call witnesses before them by subpoena under their hands, and to examine the parties and witnesses upon oath which they are hereby empowered to administer ; and "witnesses neglecting to attend shall be liable to the penal- ties to which witnesses are subject who neglect to attend, after due notice, before a Judge or Commissioner for taking evidence de bene esse, and such disobedience shall be pun- ishable by a judge of the Supreme Court, on the certifi- cate of the arbitrators of the non-attendance of the witness. 43. The arbitrators shall fairly and truly estimate the Xwara. value of the lands applied for, by naming one sum for the Avhole, or naming one sum for each lot of land applied for, as they may think proper, in their award ; and in case of disagreement, two of the arbitrators may make the award ; and the same shall be returned into the Prothonotary's oflSce at Halifax. 44. The award shall not be set aside for an}' defect Award, how- appearing therein, and the same shall be confirmed by the '*«^"^*'^- Court or a Judge, after due notice to all parties claiming any interest in such lands ; but if the Court or a Judge shall be of opinion, after hearing evidence on the point, that the arbitrators have not allowed a sufficient amount for the lands so taken, then it may be referred back to such arbitrators ; or the Court or a Judge may direct the appointment of other arbitrators in manner aforesaid, who shall proceed and make their award as hereinbefore directed. 45. When such award is confirmed by the Court or a Title to lands. Judge, the Commissioner of Public Works and Mines shall ?o°mi^stoni° pay the amount thereof into the Supreme Court ; and upon such payment into Court and the recording of the award and the order of confirmation in the office of the Registrar of Deeds for the County of Halifax, the title to the lands so applied for and set forth in 'the plan annexed to such petition shall vest absolutely in fee simple in the Commis- sioner of Public Works and Mines for the time being and his successors in office. 46. The Supreme Court or a Judge shall direct the Disposal of amount of such award to be paid to such party or parties awar™' °* as may be deemed entitled to the same and in such pro- portions as they may be deemed entitled to ; and in case the title to such lands is in dispute, then the Supreme Court or a Judge shall make such order, or direct the trial of such issues before a jury, as may be deemed necessary 218 LUNATICS. [PAET I. Chap. 36. ^or the purpose of determining the I'cspective rights of the several parties to such lands. Title to hospital. 47. The title to the property known as the Nova Scotia Hospital for the Insane and the lands belonging or at- tached to the same is hereby confirmed and vested in the Commissioner of Public Works and Mines for the time be- ing and his successors in ofiSce, in fee simple, for the pur- poses and uses of such Hospital. Interpretation 48. In the coustruction of this Chapter, the terms of terms. ., Hospital " and " Hospital for the Insane '' shall be under- stood to mean the " Nova Scotia Hospital for the Insane ;" the term " district'' to mean a sessional district where a county is divided for sessional purposes ; the term " coun- ty " to mean " county" or such •' sessional district," and " Supreme Court " and " Court " to mean a Judge of the Supreme Court ; unless such interpretation of any of such terms is precluded by the context. SCHEDULE A. Statement to be forwarded to the Medical Superintendent when application is made for the reception of a patient. 1. Name of patient (in full), 2. Where born, 3. Son (or daughter) of, 4. Residence, County of 5. Age last birthday. 6. State as to marriage, 7. Number and age of children, 8. Occupation, (or that of father or husband,) 9. Natural disposition, 10. Habits in health, — as to temperance, etc. 11. Education, 12. Religion, 13. Age at first attack, 14. Insanity, how first manifested, 15. Number and duration of attacks, 16. Where under treatment, and when, 17. What relatives similarly affected, 18. Supposed cause, remote. 19. " " recent. 20. Duration of present attack, 21. State as to sleep, 22. Appetite for food, 23. State of bodily health, 24. Whether subject to Epilepsy, TITLE IX.] LUNATICS, 219 25. Any faltering of speech, or loss of power, and Chap. 36. when, 26. Present habits and propensities, 27. What delusions, 28. Whether suicidal, (attempted or threatened) and how, 29. If dangerous to others, how, 30. Pecuniary circumstances, (or to whom chargeable,) 31. Post-office address of nearest friend, and degree of relationship. 32. Other particixlars. I Certify that to the best of my knowledge the above particulars are correctly stated ; and I hereby request you to receive the above named whom I last saw at on the — day of , (being within one month from this date,) as a person of unsound mind as a patient into the Nova Scotia Hospital for the Insane. Name Address Degree of relationship (if any) or other circumstances of connection with the patient. N, B. — If any of the particulars in this Statement be not known, the fact to be so stated. No patient to be sent to Hospital until a reply shall have been received to this Statement. (0 Occapation, 220 LUNATICS. [part I. Chap. 36, SCHEDULE B. Certificate. (a) Name in full. I^ the Undersigned," , being*" and in (b) ua I ca ion. ^^^(.^g^j pj-actico, hereby certify that I, on the day of (0) Locality. ^18 — at" lb the County of (d)ifamein£uu. Separately from any other Medical Practitioner, personally (e) Hesidence. examined"^ of ^ ^ and that the said is a person of unsound mind and a proper person to be taken charge of, and detained under care and treatment ; and that I have formed this opinion on the following grounds, viz. : 1. Facts indicating insanity observed by myself: * 1. Appearance. 2. Conduct. .^. Conversation. (g) State the in- 2. Pacts indicating insanity communicated to me by formation, and .^ai,„. .a from whom. OthcrS :S Name Place of Residence Date. N.B. — Two Certificates (dated within one month of the commitment) are required in every case. The second should not be signed by the father, brother, son, partner, or assistant of the Medical Practitioner who has signed the first certificate. SCHEDULE C. . County of To any of the Constables of the said County, Whereas it appears to us the undersigned Justices of the Peace, (or Sheriff as the case may be), in and for the said County of , from the certificates of and both medical gentlemen, in actual practice in said County, that of , is of unsound mind, and is a proper person to be taken in charge, and detained under care and treatment. These are therefore to command you", the said Constable, to take the said and safely convey to the » The facts upon which (from personal observation) the opinion of insanity has been formed should always be specified. TITLE X.] ENCOURAGEMENT OF AGRICULTDEB. 221 Provincial Hospital for the Insane, and there deliver Chap. 37. into the custody ot the Medical Superintendent thereof, or other person in charge. And we do hereby request you, the said Superintendent of the aforesaid Hospital for the Insane, to receive, and place under medical treatment the said , iintil released in the usual manner. Given under our hand and seal at in the County of this day of A. D. . TITLE X. OF AGRICULTURE, CHAPTER 37. OP THE ENCODEAGEMENT OP AGRICULTURE. 1. The Governor in Council shall annually appoint a Appointment of Central Board of Agriculture, consisting of seven persons, agriculture"^ ° of whom one shall be selected from among the members of the Executive Government of the Province, and the remaining six shall be selected from the six districts mentioned in Schedule B, in the manner hereinafter pro- vided. Five of such Board shall be a quorum, and they shall be a body corporate, under the name of the '• Central Board of Agriculture.'' 2. It shall be the duty of the officers of every agri- Nominations for cultural society, immediately after their election at the howmade. annua! meeting in December, to nominate one person suit- able for appointment to the Central Board; and the secre- Name, 4c., to be tary of every society shall forthwith transmit to the Secre- seoretTry.^ tary of the Central Board the name and address of the person so nominated. 3. The Governor in Council shall select six, from among Governor in the persons so ^nominated, to be members of the Central members" "^^"^ Board, one being chosen from each of the districts specified in Schedule B, and the preference being given, for each district, to the person nominated by the greatest number of societies. In case of an equality of votes for any num- ber of the persons so nominated for any district, the Gov- ernor in Council shall determine who of the number shall be the member. 222 ENCOURAGEMENT OF AGRICULTURE. [PART I. Chap. 37. In case of ne- glect ro nomi- nate, &c., mem- ber to be ap- pointed. Members to re- tire annually. Vacancies in board, howiiUed, First meeting ; when held. Election of offi- cers. General meeting to be held in Halifax. Special meetings may be called bj^ secretary. Members only to receire actual travelling ex- penses. Duties of board. To form county societies. To receive re- fKirts. To publisb and distribute jour- nal. To obtain new stock, grain, &c., for distribution. 4. In case the oflScers of the agricultural societies for any district shall neglect or refuse to nominate any person for appointment to the Central Board, or if the secretaries of the societies shall transmit no such name and address, the Governor in Council shall appoint a member of such Central Board for such district. 5. All members of the Board shall retire annuallv on the thirty-first day of January ; but shall be eligible' for re-appointment. 6. When vacancies occur in the Board from other causes than the annual retirement of members on the thirty-first day of January, the Governor in Council may at once appoint new members without reference to nomi- nations by societies. 7. The first meeting of the Board shall be held at such time and place as the Governor in Council shall direct, when they shall elect a president, vice-president, secretary and treasurer. 8. There shall be held in each year at least one general meeting of the Board, which shall take place at Halifax in the month of March, during the sitting of the Legislature, and of which at least ten days' notice shall be given. Special meetings may be called by the Secretary at the instance of the President, or upon the written request of three members, and may be held at such times and places as the President or such three members shall determine. 9. The Board shall not pay or allow any sum to a mem- ber thereof for acting as such member, except the amount of his actual hotel expenses, and necessary travelling ex- penses in attending its regular meetings, which shall not in any case exceed six cents a mile for the distance actual- ly travelled in- going to and returning from such meetings. 10. It shall be the duty of the Board — I. To take measures for the formation of county or dis- trict societies and for infusing new vigor and efficiency into those already in existence. 11. To receive the accounts and reports of such socie- ties, and before granting the certificates hereinafter mentioned to entitle them to participate in the provincial grant, to see that they have complied with the provisions of this Chapter. III. To publish a monthly journal, for the diffusion of agricultural and horticultural information adapted to the condition and circumstances of the country, and to cause the same to be distributed as generally as possible. IV. To take measures to obtain from other countries animals of new or improved breeds, new varieties of grains, seeds, vegetables, plants or other agricultural pro- ductions for general and equitable distribution throughout TITLE X.] ENCOURAGEMENT OF AGRICULTURE. 223 the several counties ; and to adopt every measure in their Chap. 37. power generally to promote improvement in the agricul- ture and horticulture of the Province. V. To hold every third year or oftener, should the To hold a gene- Board deem it advisable, in some central and suitable exhrbftiiS"^' locality, a general provincial exhibition of agi'icultural and le^t every thM horticultural products, animals and domestic manufactures; and to fix the time, articles of competition, and list of prizes to be awarded, and the regulations under which such exhibitions shall be held, of which due notice shall be given at least twelve months before the same shall take place; and in holding the same due regard shall be had to the just claims of tlie several counties. 11. The Board may at any time appoint a person to in- Board to api^int spect the books and accounts of any society in the Province oSa. receiving Government aid in connection with agriculture; and all officers of every such society, %vhenever required so to do, shall submit its books and accounts to such inspec- tion, and truly, to the best of their knowledge, answer all questions put to them in relation thereto, or to the funds of the society. 12. For the purposes of this Chapter the Board shall ^"^w'^ceS'' *° be entitled to draw from the Provincial Treasury annually sum of money; such sum not exceeding eight thousand dollars, as the thereof and ao- Governor in Council may authorize, out of which they <=™"*^- may expend a sum not exceeding six hundred dollars for the salaries of their officers, and a further sum not exceed- ing one hundred dollars for stationery and other incidental expenses ; and they shall exhibit to the Government, for the information of the Legislature, every year an account of the expenditure of the same, with proper vouchers, and a full report of their proceedings. 13. Agricultural societies may be organized in any Agricultural so- I r t. I II 1. ^ cieties ; how or- county wherever lorty persons or more shall become mem- gamzed. bers thereof, by signing a declaration in the form of Sched- ule A to this Chapter, and paying each not less than one subscription, dollar annually to the funds thereof. A true copy of such declaration shall, within one month after the money has been so paid, be transmitted to the Secretary of the Cen- tral Board. 14. When any society shall be so organized, such ^/j"j,ntitj'|j't„ society shall be entitled to draw annually from the Board draw from trea- , by warrant in favor of its president and on the certificate amJu^t of'lub- of the Secretary of the Central Board, not more than ^criptions. double the amount of the subscriptions so raised and paid ; the payment of such subscriptions to be certified upon oath by the secretary or treasurer of the society; but Not to exceed no county society shall be entitled to draw more than two **^p™ annum. hundred and fifty dollars in any one year. 224 ENCOURAGEMENT OP AGRICULTURE. [PART I. Chap. 37. 15. In counties where more than one agricultural so- Govemment ai- cicty exist the Provincial allowance shall be given on the lowance; how principle in section fourteen, not exceeding for any county apportione . ^^^ ^^^ ^^ ^^^^ hundred dollars in any one year ; and the same shall be apportioned among such societies by the Central Board in a rateable proportion to the amount of the subscriptions raised and paid by each society for the year in which such allowance shall be claimed; but no society shall draw more than two hundred and fifty dol- lars. BoundiiTiesjhow 16. In case of any difficulties arising as to the boun- deflned. daries of any such societies, the Central Board shall define the same. Objects of ai?ri- 17. The objccts of such agricultural societies shall be cuituraisodeties. ^q eucourage and promote the introduction of improved stock, seeds, fruit, roots, implements, methods of culture, drainage, orchard cultivation, and improvement in farm buildings and domestic manufactures ; to hold shows and exhibitions ; to award premiums for excellence, and to diffuse information concerning agriculture and horticulture. The funds of such societies, derived from the subscrip- tions of members or the public grant, shall not be expended for any object inconsistent with those above mentioned. Annual meetings 18. The aunual meetings of the societies shall be held o£ societies. ^^ ^j^g q^^^ Tuesday of December in each year, when they shall each elect a president, vice-president, secretary and treasurer, and not more than five directors. Krstofficersto 19. The ofSccrs appointed at the formation of such sScSssOTsTp- societies shall, until the election of their successors at the pointed. annual meeting, exercise all the powers vested in the societies by this Chapter. Special meetings. 20. They shall hold special meetings, pursuant to adjournment or on written notice from the secretary, which shall be given one week before the day appointed for any such meeting, and at any such meeting five shall be a quorum. Hay alter bye- 21. The Said officors and directors may at any such ^^^' ■ meeting make, alter and repeal bye-laws and rules for the management of such society, copies of which shall within one month thereafter be forwarded to the Secretary of the Central Board for its approval. Annual report, 22. Such officors and dircctors shall, in addition to the When presented, ordinary duties of management, present at the annual meeting in December, a report of the proceedings of the society during the year, in which shall be stated the names of all the members of the society, the amount paid by each, the names of all persons to whom premiums were awarded, with the name of the animal, article or thing in respect of which the same was granted, together with such remarks TITLE X.j ENCOURAGEMENT OP AGRICULTURE. 225 upon the agriculture of the county as they may be enabled Chap. 37. to offer, and a statement of the receipts and disbursements of the society during the year ; which report and statement, if approved by the meeting, shall be entered in the journal of the society ; and a true copy thereof, certified by the president and secretary to be correct, shall b« sent to the Central Board within one month thereafter. 23. If any society shall neglect to render such accounts Forfeiture for and report, it shall forfeit its claims to the provincial grant "'"^ '^" ' for the year next succeeding. 24. The county society, where but one exists in a County societies . T , , '' 1 *^. , . , , , to hold annual county, and the several societies where more than one are show, established therein, shall be requested to hold an annual show for the exhibition of agricultural and horticultural produce, farm stock, and articles of domestic manufacture; at which prizes shall be granted for the best specimens produced ; and such shows shall be held at such times and places and under such regulations as the majority of the officers and directors of the several county societies may determine. 25. If the officers and directors of the agricultural ot&ersystem .. j.-jj.i,i. ™*y ^^ adopted society or any county or part oi a county consider that m place ot show any other system might advantageously be substituted for that of shows, and that the sum allotted to such society might be better applied to the importation of stock or to any other purpose for the improvement of agriculture ; in such case they may so apply the said sum, provided notice thereof has been given to the Board of Agriculture and its approval of such appropriation obtained. 26. The provisions of this Chapter shall extend to all ^P^P^i^''"" °f agricultural societies at present in existence ; as well as to those hereafter to be established. SCHEDULES. We, whose names are hereunto subscribed, agree to form ourselves into a society under the provisions of the Chapter of the Revised Statutes, " Of the Encouragement of Agriculture,'' to be named the Agricultural Society in the County of ; and we severally agree to pay to the Treasurer of the said Society towards the funds thereof annually the sums set opposite our respec- tive names. 15 226 agricultnral and land corporations. [part t. Chap. 38. Names of Subscribers. Sums Subscribed. A. B. CD. $ B. District number One shall include the City and County of Halifax. District number Two shall include the counties of Kings, Annapolis and Digby. District number Three shall include the counties of Lunenburg, Queens, Shelburne and Yarmouth. District number Four shall include the counties of Hants, Colchester and Cumberland. District number Five shall include the counties of Pic- tou, Antigonish and Guysborough. District number Six shall include the counties of Cape Breton, Richmond, Inverness and Victoria. CHAPTER 38. OF AGRICULTURAL AND LAND CORPORATIONS. Agricultural 1. Whenever twenty persons or more shall raise forty how'organized. dolkrs per aunum or upwards, to be applied for the im- provement of agriculture, they shall thereupon become a corporate body by such name as they shall think fit, with all the privileges and obligations in the Chapter " Of General Provisions respecting Corporations'' : but such privileges shall continue only so long as there are twenty members or more in the society, and as they shall annually raise the sum of forty dollars at the least, and apply it for the improvement of local agriculture. Formation of an 2. Whenever any British subjects desire to form an impr'ovement'of association for the purchase and improvement of crown lands, lands on the lines of the trunk line of railroad fro'iv Hali- fax to Quebec, they may transmit the names of such per- sons, not less than twenty, as they wish to represent them, TITLE X.] AGEICULTURAL AND LAND CORPORATIONS. 227 to the commissioner of lands and emigration, to be trans- Chap. 38. mitted to the Lieutenant-Governor of this Province; who shall thereupon, if, with the advice of Council, it be deter- mined to invest such persons with corporate powers, direct their names to be inserted in the Itoyal Gazette, and a patent to issue clothing such persons and their copartners with the privileges and legal liabilities of a corporation, upon the following terms, subject to such restrictions as may by the Governor in Council be deemed necessary: First. — The name of the' company and the names of its Privileges, a*-] directors to be lodged in the office of the Provincial Secre- steicu^D?o/tiie tary, with an impression of its common seal. company. Second. — The directors to be liable to the whole extent of their fortunes for the debts of the company, being vested with power to sue and be sued in their corporate capacity. Third. — The shareholders to be liable only to the extent of their shares. Fourth. — The company to purchase fifty thousand acres of crown lands on the line of railroad at such price as may be determined upon by the Governor in Council ; with power to purchase any further quantity, when one-halt of the original purchase has been sold and settled. Fifth. — The lands to be laid off in lots of one hundred acres at the expense of the Government, and numbered on the plans from one to five hundred, it being provided in the general grant, that every lot on which there is not a dwelling house actually occupied, and at least five acres of land cleared and improved, at the end of ten years from the date of its purchase, shall revert to the Crown and be- come a part of the public domain, upon a declaration of the Governor in Council to that effect, without oflSce found. Sixth. — Where the lands purchased are in one block, and are not included in any township, they shall be formed into a township ; and the inhabitants whenever they shall number one hundred heads of families shall be invested by law with all the privileges of township organization. Seventh. — The capital of the company shall be limited to two hundred thousand dollars, but may be increased by four dollars for every acre of land purchased from the Provincial Government above the quantity specified in the fourth condition. 3. The company shall have power over such lands as Powerotcom- they shall purchase, over mines not subject to legal reser- P»°y<'™'' '■""'• vations, over the standing timber, mill sites and water privileges ; and may lay ofi" and sell such lands in town lots or blocks of less or more than one hundred acres, at their option, and for the general advantage. 228 FARMERS CLUBS. [part I. Chap. 39. Company niay_ contract for rail- ways running through their lands. 4. The company may enter into contracts with any commissioners appointed to construct so much of the rail- way as will run through the lands purchased, and to work and repair such railway after it is made ; but no greater amount shall be charged for the construction and working of such sections of the railway than is paid for construct- ing and working other portions of the line. CHAPTER 39. OF FARMERS' CLUBS. Bureau of Ag- riculture. Bureau of Agri- culture may estafelish "Far- mer's Clubs." Notice of forma' tion of " Far- mer's Clubs." Election of officers. Fees for mem- bership. Club to keep record of trans- actions and pre- pare statistics. 1. The Central Board of Agriculture for the purposes of this Chapter shall be called the " Bureau of Agricul- ture," to be governed and controlled as at present consti- tuted. 2. The Bureau of Agriculture may establish one or more societies in the different counties of Nova Scotia, to be called " Farmers' Clubs,'' for the purpose of mutual agricultural and horticultural improvement. 3. Any number of persons not less than fifteen, may organize and form themselves into a Farmers' Club for any county or district in a county, by signing a declaration in the form in the Schedule to this Chapter, to be addressed to the Bureau of Agriculture. Such declaration shall be in duplicate, signed by the persons aforesaid, one part thereof to be held and filed with the secretary after his election, and the other to be filed with the Secretary of the Bureau of Agriculture. 4. The officers of the club so formed shall be a Presi- dent, Vice-President, Secretary and Treasurer, to be elected by a majority of the club, who, with one other member to be chosen, shall constitute a standing committee. All such officers shall be elected annually. 5. The fee for membership shall be two dollars a year. 6. It shall be the duty of such clubs to keep a record of their respective transactions, to prepare statistics in all the branches of agricultural and horticultural industry in their several counties, and to publish in such manner and form as to secure the widest circulation in the Province among the clubs and agricultural societies, and farmers generally, all such reports, essays, lectures, and other useful information as such clubs may respectively procure and adjudge suitable for piablication. TITLE X.] FAEMERS' CLUBS. 229 7. The Bureau of Agriculture shall from time to time Chap. 39. prepare papers for the consideration of the clubs, to em- Bureau of Agri- brace amoner others the following: subiects : drainage ; the cuitme to pre 1 , r .•,• J c ^■ i- xi_ • pare papers for best lertilizers and manner oi application ; the improve- oiuba. nient of dyked, marsh and swamped lands ; rotation of crops ; lands best adapted for cereals ; grain crops in their various departments ; horticulture, and the improvement of stock ; together with such other matters as may from time to time in the judgment of the Bureau be considered necessary. 8. Anj' club formed under this Chapter, having funds Prfzesfor essays, at its disposal, may offer prizes or premiums in the county for essays on questions of scientific inquiry relating to agriculture or horticulture ; on the raising or improvement of stock, and the breed of horses, sheep and swine ; the invention or improvement of agricultural or horticultural implements and machines; the production of grain, cereals, plants, flowers, and fruits, and generally for excellence in any branch of agricultural, horticultural, or floral industry. 9. Such subjects shall be discussed at the different ^g^'^tj^n^^?"'' clubs, and the results arrived at shall be transmitted by tedto Bureau. the secretaries to the Bureau of Agriculture. IC. The Bureau of Agriculture shall annually epitomize Publication of the results arrived at in the various discussions before the crasions. clubs, and cause the same to be published for general sale and distribution. 11. The clubs shall meet semi-annually, or oftener. Meetings. Their proceedings and debates shall be conducted under such rules and regulations as the Bureau of Agriculture Euiesandreg- ., *^ ° ulations. may prescribe. 12. Every club established under this Chapter, shall be ciubstobebodie. 1 1 1 T 1 corporate. a body corporate, under such name as may be selected by a majority of the club ; and such name shall be reported by the secretary to the Secretary of the Bureau. 13. There shall be allowed, for the purposes of this S4oo allowance. Chapter, out of the agricultural grant from the Provincial Treasury, the sum of four hundred dollars, to be under the control of the Bureau of Agriculture. SCHEDULE. We, the undersigned residents of the County (or Dis- trict) of , hereby undertake and agree to form our- selves into a Farmers' Club for such County (or District), under the provisions of Chapter 39 of the Revised Statutes. 230 SEWERS — DYKE AND MARSH LANDS. [PART I, Chap. 40. CHAPTER 40. OF COMMISSIONERS OP SEWERS, AND OF DYKED AND MARSH LANDS. Commissions to continue in force. Commissioners, liow appointed, and sworn in ; clerk to be ap- pointed and Commissioners, how chosen to carry on work ; how dismissed. Powers of com- missioners for carrying on works ; new works, how begun. 1. All commissions issued for the appointment ot com- missioners of sewers shall continue in force till the Gover- nor in Council shall otherwise direct. 2. The Governor in Council at the request of any of the proprietors of any marsh, swamp or meadow lands, may appoint one or more commissioners of sewers for the county, township or place where such lands lie, who shall be sworn into office by a justice of the peace, and such swearing shall be entered in the commissioners' book of record, which shall be evidence of the fact ; and the com- missioners shall appoint a clerk, who shall be sworn into office b^' one of the commissioners, and the swearing shall be entered in the book of record, which shall be evidence of the fact. 3. Two thirds in interest of the proprietors of any marsh, swamp or meadow lands, within the jurisdiction of such commissioners, may by themselves or their agents select one or more commissioners to carry on any work for reclaiming such lands; and they may at anytime add to or diminish the number of commissioners selected or super- sede any or all of them, and choose others instead ; and the choice or dismissal of any commissioners for or from the management of any particular land shall be made in writing, under the hands of two-thirds of the proprietors in interest in such lands, and shall be entered in the book of record or filed by the clerk. Whenever any marsh, swamp or meadow lands lie partly in two counties, one or more commissioners of sewers may be chosen therefor out of one or both counties in which such lands lie. 4. The commissioners so chosen may require the pro- prietors of such lands to furnish men, teams, tools and materials to build or repair any dykes or wears necessary to prevent inundation, to dam, flow, or drain such lands, or to secure the same from brooks, rivers, or the sea, by aboiteaux or breakwaters, or in any way they may think proper, or for the erection of fences to protect the same ; and, in case of neglect, may employ men and teams, and provide tools and materials for that purpose at the expense of such proprietors. The commissioner so chosen shall consult such other commissioners within the township, county or place as two-thirds in interest of the proprietors of the lands in question, personally or by their agents shall name, as to the practicability of the work, or anything re- lating to the same. In case of the commencement of any TITLE X.] SEWERS — DYKE AND MARSH LANDS. 231 new work, two-thirds in interest of the proprietors of. the Chap. 40. lands shall first agree thereto. 5. Commissioners may appoiot from among the proprie- overseers may tors of such lands one or more overseers to assist them, beappomted; 1 1 II 1 r 1 • • now sworn. who shall be sworn by one of the commissioners. 6. Commissioners shall in ordinary cases cause three Notice to be days notice, exclusive of Sundays, to be given to the pro- s^™" p™p"«- prietors of land, or to their known agents, where they reside within ten miles (or if in the Couuty of Kings within six 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 re- quired ; or, if the repairs needed are not extensive, and the attendance of all the proprietors would involve unne- cessary expense, the commissioners may employ men and teams and furnish tools and materials at the expense of the proprietors, as provided in the fourth section as to cases of neglect. 7. The commissioners so chosen may assess the owners Assessment to be or occupiers of such lands for any expenses incurred by "SatpiSpo'se^ them, or their predecessors whose accounts remain unset- tled, for dykes, wears, drains, aboiteaux, breakwaters or fences, including a sum not less than two nor more than three dollars 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 quan- tity and quality of land of each owner or occupier, and the benefit to be by him received. 8. Where any rate shall exceed one dollar and fifty Rates exceed- cents an acre on the whole quantity of rateable land, the Jin^'Sty°ents commissioners shall summon the owners or occupiers of p^J^^^^|' '"'^ such land, or their known agenfs, or such of them as shall reside within ten (or in the County of Kings six) miles of the work, to meet at a certain place and at a certain time, not less than three days exclusive of Sunday, after service of such summons ; when two-thirds in interest of the owners or occupiers present may elect not less than three 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 majorit}'^ of them shall with the commissioners assess the owners or occupiers for the expenses incurred, including a sum not exceeding one dollar and fifty cents a day for each assessor while actual!}' employed. 9. The commissioners for the new or Wickwire dyke in commissioners Horton, may assess the owners or occupiers of land in such dykl'may assess. dyke although the rate shall exceed one dollar and fifty cents an acre, provided the rate shall not exceed four dol- lars an acre on the whole quantity of rateable land, without 232 SEWERS — DYKE AND MARSH LANDS. [PART I. Chap. 40. Meadow^nd swamp lands assessed for _ original drain- Asse-^-^ment when agreed to unanimously valid as othel' vate-^. Fines, rates and as-iessments, how recovered. Private set off disallowed. Lands may be leased for pay- ment of rates. May be sold if rents not suffi- cient. calling a meeting of the owners or occupiers as provided in the last section, or taking the other proceedings pre- scribed by this Chapter where the rate exceeds one dollar and fifty cents. 10. An assessment may be made in the same way in respect of meadow lands and swamps for the original open- ing, draining, or fencing thereof, although the rate be less than one dollar and fifty cents an acre on the quantity of rateable land. 11. If the owners or occupiers, or their agents, attend- ing such meeting, shall unanimously agree to an estimate and assessment in writing, to be entered in the books of the commissioners, it shall be valid and binding, as any other rate or assessment. 12. All fines, rates and assessments shall be recovered by and in the names of the commissioners so appointed and chosen, with costs as if the same were private debts ; and a copy of the assessment, or of such part as may relate to the particular rate sued for, shall be sufficient proof of the assessment having been made, and of the liability of the owner or occupier of the land in question to pay the same ; and the assessment shall continue to be a lien upon the land, although the same shall have been sold and conveyed ; and no fine, rate or assessment shall be subject to any set off" of a private nature, or be connected with any private Oiaim on the part of the plaintiff'. 13. When no goods of any owner or occupier of such lands can be found within the county where they lie, or the commissioners shall not think prudent to proceed under any judgment so obtained against such goods; the commis- sioners may let so much of the land as will pay the rate and expenses thereon, first giving twenty davs notice, by handbills, posted in at least three of the most public places in the township where the lands lie. 14. If any such lands cannot be let for a suflBcient 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 ot such sale, by handbills, posted in at least three of the most public places in the township where such lands lie ; and shall execute and deliver to the pur- chaser a valid deed of such lands, for which deed, and his attention about the sale, he shall be entitled out of the proceeds to two dollars. A recital in the deed of such handbills having been duly posted, shall be presumptive evidence of the fact. No school or glebe lands shall be aold under this Chapter. TITLK X.] SEWERS— DYKE AND MARSH LANDS. 233 15. Where the present or former owner or occupier of Chap 40. iiny land, or his known agent, shall not have agreed to the land only liabi building of any dyke, wear, aboiteau or breakwater, or to where owner ims .1 J ° - n ■ 1 • • p 11 1 .1 1 1 not agreed to the damming, flowing or draining of such land, the land works. only shall be liable foi the rate or assessment. 16. Any deficiency in the amount of a rate may be Deflciencies.iiow levied and collected as an original rate. coueote . IT. No commissioner shall be liable to an action for Action by own any demand for work or materials furnished by the owner commls'sroner' or occupier or his agent, until all rates and expenses thereon wtieTsustoin- against the lands of such owner or occupier shall have =-''^''- been paid, nor until after a reasonable time for making up the rate bill and collecting the same ; and, before any letting or sale shall take place, the amount duo to the owner or occupier of such lands for work or materials, shall be deducted from the amount due from such owner or occu- pier. 18. Every owner or occupier of such lands or his owners and ,,,,"^, ■Till •• ■! occupiers re- agent, snail, when required by the commissioners, provide quired to furnish at a certain time and place uamed a sufiScient number of neglect*"^ '""^ laborers with tools, carts and teams, in proportion to the quantity of land owned or occupied ; 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 one dollar for each laborer, and a like sum for each cart or team so required. All fines when recovered shall be applied for the benefit of such lands generally. 19. When sods or soil shall be cut off the land of any J'™u^''how°'"*^ proprietor inside or outside of the dyke, for the purpose of assessed. making or repairing such dyke, or vThen such lands shall be washed away or dyked out, or injured by carting over the same by order of the commissioners, such damage shall be valued, assessed and paid as other dyke rates. If there be any lands so reclaimed, lying undivided and in common, the same shall be, as far as it may be available, allotted to the party injured, and the balance only, ii any, assessed as above. 20. When sods or soil shall be cut off the lauds of any ^°^?''^ °^ • 1 ■ 1 1 1 1 p 1 n nussioners ^I'oprietor inside or outside the dyke, for the purpose oi making and repairing such dyke or an aboiteau, the com- missioners shall have power to settle the value of the same with the owner or owners of the land, provided the damage does not exceed five dollars for each person ; and if the com- missioners and owners cannot agree, each party shall choose one freeholder as appraiser, and such two appraisers shall appoint a third freeholder to act'with them, and the decision of any two of such freeholders shall be final ; and if the ap- praisers so appointed do not allow one sixth more than had been offered by the commissioners, the owners shall pay all the expenses consequent upon such appraisement. com- missioners. 234 SEWERS — DYKE AND MARSH LANDS, [PAET I. Chap. 40. 21. The clerk of the commissioners shall keep a record Clerk to keep ^^ ^'^ their proceedings, and a fair account of all moneys record. expended by them, open to the inspection of all persons interested therein, on payment for each search and exami- nation of the book at one time of twenty cents ; and a copy shall be furnished to every person interested when de- manded, on payment of ten cents for every ninety words. Salt marsh, 22. Whenever by the making or repairing of a break- '^ ™ ''^ ■ water by direction of a commissioner of sewers, salt marsh lying outside the same shall be benefitted thereby, the same shall be taxed and assessed towards the expense of the breakwater in proportion to the benefit derived. Expense assessed 23. Whenever in the draining of any swamp or mcadow oT.^parts benefit- i^^j ^ part sliall bc benefitted, the proportion of the expense shall be assessed on that part only. Competencyof 24. A clcrk or oversecr or collector shall be a com- officers as wit-'^' pctcnt wltuess to prove any fact connected with the duties nesses. ^f }jjg office, although a proprietor in the land included in the assessment ; except in a matter touching the particular rate or assessment upon his own land or upon himself in relation thereto. Commissioner 25. No commissioner of sowers shall hold the office of shallnotbeclerk. , , ii i_ clerk or collector. Plans, when 26. WhcD any commissioner of sewers having the obtaiS' °^ charge of any land, shall think it necessary to have a plan thereof shewing the several lots and boundaries and the names of owners or occupiers, he may employ a surveyor to make such plan, and order the expense to be laid on the land so surveyed as other charges, and may require the owners or occupiers, or their agents, to point out to the surveyor the boundaries of their respective lots ; and the owners, occupiers and agents so called upon shall be bound by such- survey and plan. Outer dykes 27. Where any lauds enclosed by dykes shall, by other eiS^Kdby*"''' dykcs erected outside the same, be enclosed and protected, inner dykes; t^o cominissioner in charge of the lands reclaimed by outer how kept in ,, iiiii -r, • riii repair. dykes shall call a meeting of the proprietors of the land within the whole level contained and enclosed by such outer dykes, who shall reside within the township or within ten, (or in the County of Kings six) miles of the place where such lands lie, giving six days' notice of the time and place of meeting to each proprietor or his known agent ; and two-thirds in interest of such owners or occupiers present, or in case of their neglect the commissioners, shall elect not less than three nor more than five disinterested freeholders, who, being sworn before a justice, shall deter- mine what proportion or degree of benefit has accrued or is likely to accrue to the old or inner dykes and the land.i lying within the same from the new or outer dykes, a' . TITLE X.] SEWERS— DYKE AND MARSH LANDS. 235 shall settle and declare the proportion of expense the pro- Chap. 40. prietors of the lands within the old dykes ought annually ' '- '~ to contribute and be assessed towards the maintenance and repair of the new dykes ; and such persons, or two- thirds of them, shall make a report in writing of their pro- ceedings, which shall be entered in the book of record for such outer dykes ; and every sum or proportion of expenses so settled and declared shall be borne upon the lands within the inner dykes, and be assessed and collected as other dyke rates. 28. If such outer dykes shall at any time cease in whole outer dykes *or in part to protect such inner dykes, the lands within the SSle^dyTes. inner dykes shall not for such time contribute or be assessed to the support or repair of the outer d^'kes. 29. If at any time two-thirds in interest of the proprie- Propnetors m- tors of the lands within the inner dykes shall be apprehen- ner dyte may sive that the outer dykes are unsafe or out of repair, two- tike proceedmga thirds in interest of the proprietors of the whole level ma}' ot outo^dyS" call upon one or more commissioners to examine the outer dykes ; and if such dykes appear to require repair, he or they with the assent of such two-thirds in interest of the proprietors of the whole level, shall forthwith cause the same to be repaired, or otherwise with the like consent put the inner dykes in a state of repair, as shall seem most advisable. If the inner dykes be repaired, then the pro- prietors of the lands enclosed thereby shall bear the ex- pense. 30. If any person shall pasture marshes or other lands Dykes injured enclosed by a common dyke or without and adjoining such r^adsfhowr^ dyke, or shall make a road over such dyke whereby it shall paired. be injured, the commissioners may makeau order on such person, as often as occasion may require, for repairing the injury by a certain day to be named therein ; and in case of refusal of obedience to such order, the commissioners shall cause the injury to be repaired; and the person dis- obeying the order shall forfeit for every offence two dol- lars, which, with the costs of the repair, may be recovered and applied as other dyke rates. 31. On application by any proprietor of marsh, swamp Applications for or meadow lands, in writing, signed by him or his agent, m^eTdiity°S to the commissioners for the county or township in which commissioner the lands lie, or in case there have been a commissioner or commissioners selected by two-thirds in interest for carry- ing on work over the lands whereof the same forms a part, then to such commissioner or commissioners, setting forth that the same are frequently overflowed and rendered un- productive ; the commissioners or any three of them, or the commissioner or commissioners so selected, as the case may be, shall inquire into the merits of the application, I 236 SEWERS — DYKE AND MARSH LANDS. [PART I. Making, alter- ing, &c., roadSj &c., through dyked lands. Chap. 40. and may direct such lands to be drained by causing new ot 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 maj- require the proprietors or occu- piers of the lands through which the di'ainage shall be ordered, to perform a just proportion of the labor neces- sary for the purpose, and shall have power to tax all lands benefitted by such drainage, and tha proprietors or occu- piers thereof for the expenses incurred, and for damage arising therefrom, in proportion to the benefit to be received by such lauds respectively, by a rate according to the quantity and quality of the lands owned by the proprietors respectively ; which rate shall be levied and recovered as other dyke rates are ; but no such rate shall be payable until ten days after notice given by the commissioner or commissioners, or his or their collector or clerk, to the proprietors or occupiers, or their known agents respec- tively, residing within ten (or in the County of Kings six) miles of the lands drained, of the amount thereof, or in case of an appeal, until after the decision thereon. 32. Two-thirds in interest of the proprietors of any body of marsh, dyked or undyked, may on application in writing, specially require the commissioners of sewers having such laud in charge, or in case there be none, may select any other commissioner for the purpose of making, repairing or altering any private roads or bridges leading through or across the same, which such majority of two- thirds in interest may deem expedient or advantageous ; and the commissioners so appointed or required may call upon the proprietors of such lands to, furnish men, teams, tools and materials to carry on such works, and may assess the owners or occupiers of such lands according to the benefit to be derived, and collect such rates in the same way as ordinary dyke rates. 33. On application in writing, two-thirds in interest of the proprietors of any part or portion of any dyked marsh or meadow land, desiring to flow the same, may direct the commissioner in whose jurisdiction such lands may lie, or in case there is none, any commissioner selected by them- selves from the same county or town, to proceed imme- diately and set off such part or portion into a separate body, and dyke out such part or portion for the purpose of flowing the same ; and such commissioner may require the proprietors or oco-upiers of such lands to furnish their proportions of labor and materials necessary to erect a division dyke for that purpose, and shall assess them for the expenses and damages thereof according to the benefit to be received by such flowing : provided always, that Flowing dyked ands. Proviso. TITLE X.] SEWERS— DYKE AND MARSH LANDS. 237 whenever it shall appear to any commissioner of sewers Chap. 40. adjoining such flowed lands that such division dyke is ^ — insufficient, and snch lands adjoining are endangered thereby, it shall be lawful for such commissioner to repair such division dyke, and collect the expenses thereof from the proprietors of land so dyked out. 34. The expenses of repairing the dyke cut for such Bxpense3, how flowing shall be borne by the proprietors of the land so ''°™^' dyked out and flowed. 35. If not less than one-third in interest of the pro- Notice by pro- prietors or occupiers taxed shall within seven days after g^awith^rate'"'" •being notified thereof give notice to the commissioner or commissioners in writing, signed by themselves or their respective agents, that they are dissatisfied with the rate, such commissioner or commissioners shall summon the owners or occupiers of such lands or their known agents or suoh of them as shall reside within ten miles (or in the county of Kings six miles) of the work, to meet at a cer- tain place and on a certain day, being at least three days, exclusive of Sunday, after service of such summons ; Aaaessors to be when a majority in interest of those present shall elect deSilhaTbe not less than three or more than five disinterested *°*'- persons as assessors ; and tlie assessors or a major- ity of them, having been first sworn into office in the same way as the clerk, with such commissioner or com- missionery, shall assess such owners or occupiers for the expenses incurred, iucluding a sum not exceeding one dollar and fifty cents a day for each assessor while actually employed, and the decision of the assessors or any three of them shall be final. 36. In case the proprietors neglect to meet at the time Modeot proce- aud place appointed or to appoint assessors, or in case the seitionnrtfcom- assessors or a majority of them neglect to perform the p"^'' '^'"'• duties imposed upon them ; the commissioner or commis- sioners shall forthwith submit and refer such rate to three other disinterested commissioners of sewers of the county or township within which the lands lie, by name ; 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. 37. When the land of any proprietor within such marsh. Damages to swamp or meadow land, other than that of the applicant, no" appiicSiteT shall have been injured by such drainage, or other mea-^\°'^g™^"'"'*'"^ sures ordered, the damage shall be valued, assessed, and paid in the same manner as directed for the expenses incurred in such drainage. 38. When any dyked marshes are owned by two per- ^^^''^j"^*^" sons in such proportions that neither is interested to the neither owning « . ji ■ 1 'ii L • two-thirds, how extent of two-thirds, either party may require one or more provided for. 238 SEWERS — DYKE AND MARSH LANDS. [PART I. Chap. 40. Certiorari for removing pro ceedings into Supreme Court. Fines for clerks and other offi- cers neglecting duty. Notices may be verbal unless otherwise specified. Two-thirds of proprietors may choose collectors and other offi- cers, settle rates of wages, &c. Commissioner, how far liable for predeces- sor's acts. Dyke lands alone to be as- .'*essed. Persons widen- ing drains, &c., liable for dam- ages. commissioners to take charge of and carry on any work necessary for repairing the dykes thereof. 39. If any owner or occupier of land think himself aggrieved by the proceedings of the commissioners or of any person acting under this Chapter, he may remove the proceedings of such commissioners, by certiorari into the Supreme Court, where they shall be examined, if necessary, and such determination made as shall be proper ; but sufficient security sliall be first given by the applicant to the Prothonotary of the Court for payment of costs to be awarded and taxed. 40. All clerks, collectors, overseers and assessors, who shall neglect or refuse to comply with their duties, shall be liable to a fine of two dollars for each offence, to be collected and appropriated as other fines under this Chapter. 41. Every notice required to be given, unless herein otherwise directed, may be a verbal notice to be given to the parties in person or left at their dwelling houses if known, and within the distance limited in this Chapter. 42. Two-thirds in interest of the proprietors of any marsh, swamp or meadow land, may make choice of a col- lector, overseers and assessors ; maj' order, confirm or dis- allow any plan of lands, and settle the wages to be paid to or for the collector, overseers, laborers, carts or teams, and the price to be paid for materials, and cause the same to be entered in the book of record for the guidance of the commissioners. 43. No commissioner shall be liable for any act of his predecessors in office about any work in which such com- missioner is engaged, unless for money he might or could have collected on account of work done by his predeces- sors. 44. No lands except dyke lands, properly so called, shall be rated or assessed for any dyke rate for any purpose under this Chapter. 45. Whenever any proprietor of any marsh or swamp land, or land covered with water, is desirous of making any improvement on his own land, by deepening or widen- ing the watercourses or drains of lands of any other per- son lying in front of such land, he shall be at liberty to do so independently of the commissioners of sewers or of the provisions of this Chapter. But nothing in this section shall prevent the person making such improvement from being liable for any damage he may cause by such works; provided, that no such improvement shall be begun until the party proposing to undertake the same shall have filed with the Clerk of the Peace a sufficient bond, with not less than two sureties to be approved by such clerk, to pay for all damages arising from such contempla- TITLE X.] COMMONS, 239 ted improvement. Provided always, that whenever it Chap. 41. shall be found necessary to cut any drain through any drainage dyked or marsh lands the same shall be done under the through dyke „„„ • . t Ai • • #. landsiinder supervision oi tue commissioners of sewers. supervision of 46. Whenever, pursuant to ihe laws of xVew Brunswick, -»'»™«™"«'«- there shall be appointed in that Province two or more two or more commissioners for the body of marsh on both sides of the ^"^Tutedbr boundary line between New Brunswick and Nova Scotia, n°™™°^4fth adjacent to the Missequash River and its tributaries. North two or liiore ap- of the point where the marsh lands of Joseph Trenholm ClwSto'' and the lands of the estate of Henry Chapman, deceased, f°a''J[^equas^'' meet such River, it shall be lawful for the Governor in oommiasioners Council, upon the written requisition of the marsh pro °* ^«''«"''- prietors on the Nova Scotia side of the said boundary line, from time to time to appoint two or more commis- sioners of sewers, who shall be sworn into office as directed by this Chapter, and who together with an equal number of commissioners appointed in New Brunswick, shall form a board called the "Missequash Commissioners of Sewers,'' a mh,jority of whom shall form a quorum. 47. Such board of commissioners, or a majority of Their powers them, shall have and exercise as regards such body of *°'''""'''^^'' marsh on both sides of the boundary line aforesaid all the powers and privileges conferred upon commissioners of sewers generally under and by virtue of this Chapter, and in as full and ample a manner as if such property lay wholly within this Province ; and it shall not be necessary to make separate rules for the portion of land lying in this Province, nor to appoint separate officers, or take separate proceedings in reference thereto, but the proceedings may be conducted throughout by such board conjointly, and all rates and assessments upon property lying in Nova Scotia may be enforced and collected pursuant to the provisions of this Chaptei-. CHAPTER 41. OF COMMONS. 1. The sessions shall make regulations respecting com- sessions to have mons in the several townships and enforce the same by o^^c^mraT™' penalties not exceeding eight dollars; and they shall have the general management of the commons and the control of the supervisors in the discharge of their duties in rela- tion thereto. 2. Nothing in this Chapter contained shall extend to certain oom- the City of Halifax nor to any common, regulated by a -""n^ '''^■"p'^'I. special act remaining unrepealed. 240 COMMON FIELDS. [PAET I. Chap. 42. CHAPTER 42. OP COMMON FIELDS. Lines and boundaries, kept up. how Regulations to be made at annual general meeting. Regulations to be recorded. Fine for non- compliance. Proceedings to compel the erec- tion of fences. Brands to be entered in clerk's book ; fee therefor. line for a second entry of same mark. Fine for un- authorized or counterfeit brand. 1. Each proprietor of lands lying unfenced or in a com- naon field shall, once in two years, on six days' notice given to him or his agent by the adjoining proprietor, run the lines, and make and keep up the boundaries of such lands, by stones or other .sufficient marks ; and any person neglect- ing so to do shall forfeit four dollars. 2. The proprietors of common fields shall meet annually on the first Monda}' of September, or on some other day to be appointed at a general meeting, at some convenient place, and by vote of a majority in interest of those pre- sent may make regulations respecting the managing, fenc- ing and improving the same, and keeping the fences there- of in repair, and the making and repairing of roads and bridges in and across such common fields as may from time to time appear expedient. 3. The regulations shall be entered in a book to be kept for the purpose, and shall be signed by the chairman of the meeting ; and the production of the book and proof of the entry made therein shall be sufficient evidence of the regulations. 4. If any person shall not comply with the regulations, he shall forfeit a sum not exceeding two dollars. 5. In addition to any penalty imposed by this Chapter, if any proprietor shall, after three days' notice from another proprietor, neglect to obey any regulations of the proprie- tors, under which he shall be bound to make or repair any fence, the fence viewer shall, on application, make or repair such fence, if he shall think it insufficient; and the person so refusing shall pay double the expense to the fence viewer. 6. Every brand or mark adopted by the proprietors of any common field by their regulations for branding or marking animals to be turned thereon, before being used shall be entered in the town clerk's book, and he shall receive twenty cents for making such entry. 7. The town clerk, after entry of such brand or mark, shall not enter any other brand or mark similar thereto, under a penalty not exceeding forty dollars. 8. If any proprietor of a common field, or any person by his direction, shall, with a brand or mark not recorded or entered by the town clerk, brand or mark any animal for the purpose of turning the same into a common field, or shall counterfeit any such brand or mark for the pur- pose of branding or m arking any animal, every person so TITLE X.] COMMON FIELDS. 241 offending or being accessory thereto, shall forfeit a sum Chap. 42. not exceeding twenty dollars, 9. Every proprietor of any field adjoining a common Prooeed-mgs *» field endorsed and improved, in case his part of the fence toronldjolntag dividing his land from such common field shall become de- hufen'cer"*'' fectiye, shall immediately make the same a legal fence ; and in case of his neglecting so to do within three days after notice given him by the field keeper or any pi-oprie- tor, any fence-viewer on application may forthwith cause the same to be repaired ; and the person who ought to have repaired the same shall pay double the expense thereof to the fence-viewer. 10. If any proprietor in a common field shall desire to Proprietor de- have his land separately fenced, he shall unless otherwise shaTbeL'wffi a,ssented to by two-thirds in interest of the whole proprie- expense unless tors, bear the whole expense of fencing the same, and shall terest ronsent.'" be bound to keep such fence in repair at his individual ex- pense. 11. At the annual meeting the proprietors shall appoint committee of from among themselves a committee, of not less than three howappoir^'d; nor more than five, to carry into effect the regulations *■>«"■ "luty. made respecting such common field for the ensuing year. 12. Whenever the committee shall find it necessary to instructions a« raise money to carry into effect any regulation not apply- for "varioiTp^ ing to the making 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 even and equal rate, according to the quantity and quali- ty of land held ; and in cases of regulations applicable to the making and repairing of roads and bridges in or across such common field, the committee shall assess the amount on the proprietors or occupiers by an even and equal rate, according to the benefit to be derived from such roads and bridges by each proprietor or occupier respectivel}'. 13. The last section shall not extend to any common section is not to field on the Grand Prairie, or Wickwire dykes in Horton ; Prairie. but the committee for any common field on such dykes shall have power to make and repair all fences, gates, roads and bridges in, across or around the same, to call meetings of the proprietors, giving three days notice to all proprie- tors residing within six miles of their clerk's office, and to do all acts necessary for the security and improvement of such common field, and to notify the commissioners of sewers of said dvkes of such expense ; and the commis- Powerotconi- ,,,.,•',., , '. f. , mitteeofuudi sioners shall include the amount in any sum ot money to dyicea. be by them assessed upon the pro'prietors of such dykes as ordinary dyke rates, and shall apply such amount in payment of the expenses incurred, as certified by such committee. 16 242 LAYING OUT, ETC., ROADS. [FART I. Chap. 43. Collectors ap- pointed by com mittee; their rtuty. AUowaDce to committee to be included in assessment. 14. The committee may by writing appoint a person to collect from the proprietors or occupiers the several sums assessed upon them respectively ; and the collector, upon neglect of any party assessed to pay the amount.lor which he shall have been rated, after due notice of such assess- ment, may collect the same as if it were a private debt due him. 15. The committee may include in any sum to be as- sessed, one dollar for the attendance of each of their num- ber, for every day actually employed in carrying the regu- lations into effect. TITLE XI. OF HIGHWAYS, BRIDGES, PUBLIC LANDINGS, FERRIES AND RAILROADS. CHAPTER 43. OF THE LAYING OUT AND MANAGEMENT OF CERTAIN GREAT ROADS. Koads to which this chapter applies. 1. The provisions of this Chapter shall extend to the following roads only, viz. : The main post road from Halifax to Pictou, thence to Antigonisb, 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 Antigonish to Fort Mulgrave by Auld's and Cape Porcupine, and also from Black Bridge, Tracadie, to Port Mulgrave; the road from Guysborough to the Strait of Canso : the road from McMillan's, East side of the Strait of Canso, to Saint Peters, thence by the Bras d'Or to Sydney, and thence to the Sydney Mines, Boulardarie, Baddeck, Middle River and Margaree, thence to Broad Cove, Port Hood and McMillan's, at the Strait of Canso, thence to Baddeck by Victoria Road ; the road from Arichat to Grandance ; the road from Truro to Amherst, and thence to the boundary of the Province ; the road from Truro to Amherst by Tatamagouche ; the road from Amherst to Parrsborougn ; the road from Pictou to Tatama- fouche ; the road from Halifax to Windsor, thence to ^entville, Annapolis, Digby, Yarmouth, Shelburne and Liverpool ; the road from Liverpool through Middlefield, TITLE XI.] LAYING OUT, ETC., ROADS. 243 South Brookfield, Harmonj', Kempt, and Maitland to Anna- Chap. 43. poljs ; the road from Liverpool to Mill's Village, thence to " Bridgewater and Mahone Bay, and thence to Chester and Windsor ; the road from Chester to Halifax by Saint Mar- garet's Bay ; the road leading from the Kempt road, in the county of Richmond, to West Bay, thence by the same road to Saint Peters, thence to Grand River, thence to Louisbnrg by Saint Esprit; the main post road from New- Glasgow, in the County ot Pictou, to Sherbrooke and Wine Harbor, in the County of Guysborough, and the main post road leading from Baddeck, in the County of Victoria, to Big Baddeck Glen and thence to North River, Saint Ann's. 2. Commissioners to expend moneys for the opening of Private lands new roads or altering old ones when it shall be necessary a^™^™^^'^ '''' to cross private lands for that purpose, the proprietors whereof claim damages, shall if deemed for the public benefit, make an agreement in writing with the proprietors ; the agreement to state the length of the road and the amount agreed on for damages and cost of fences, and to have a plan of the road and land through which it is in- tended to be carried, annexed ; and the same shall be laid before the general sessions of the peace for the county or district, or a special sessions, and silso a statement of ex- penses and charges attending the "same ; and it the sessions approve of the agreement or portions thereof they shall return the same with their certificate to the Provincial Secretary's oiEce, to be laid before the Hoase of Assembly ; and the House, having considered, maj' confirm the agree- ment or any portion thereof, in which case the same shall be returned to the Provincial Secretary's office ; and the Provincial Secretary may draw warrants on the Treasurer for one-half the amounts which may be confirmed, and the other half thereof shall be a charge upon the county or district within the limits of which such damages have been incurred. 3. When no agreement shall be made, or any part Mode of prooe- thereof shall not be confirmed, one appraiser shall be agreement ran appointed by the Governor in Council, a second by the''®"'"''^" persons interested in the lands, and on their default after three days notice by the commissioner, and a third shall in any case be appointed by the commissioner ; and the three appraisers shall be sworn to the faithful discharge of their duties, and shall enter upon the lands and lay out the road in the manner most advantageous to the public and least detrimental to the persons interested in the land, and measure and mark the same, and appraise the lands, taking into account the improvement, and assess the damages to the owners and tenants therefor, and for fencing the sides 244 LAYING OUT, ETC., ROADS. [part I. Chap. 43. Commissioner may proceed im^ mediately upon agreement or appraisement. Fences to be made before compensation. Damages from treasury re- stricted to roads in first section. Width of road. Bite of road when held as sm-rendered. What roads un- der charge of governor in council. Great eastern road. Koad from Truro to frontier of New Bruns- wick. Eastern shore road. liTew G-uysboro' road. of the road; which appraisement shall be reduced to writ- ing, and accompanied by a plan and admeasurement of the road, shall be returned to the Clerk of the Peace, to be laid before a general or special sessions ; and further pro- ceedings shall be had thereon in conformity with the pro- visions of the last preceding section. 4. After any agreement shall have been made or an appraisement had under the second or third sections, th6 commissioner may enter upon the lands and proceed with the road, leaving the compensation to be paid to the pro- prietor to be finally determined in the manner in such sec- tions respectively directed. 5. No payment for fencing shall be made under this Chapter until the proprietors of the land shall have made oath that the same has been put up in a proper manner and at least thirty-three feet from the centre of the road, and encloses in whole or in part some of his lands, and that the same shall not be removed with his assent; nor shall any compensation for such fencing be made unless claimed within one year after the road shall have been opened. 6. No money shall be drawn from the provincial trea- sur}' for damages on the completion or running out of any new road or alteration ot 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 any road has been or shall hereafter be made or altered without an}' demand for compensation by the proprietors of land through which such road runs within one year from the opening thereof, such acquiescence on the part of the proprietors shall be held a voluntary sur- render to Her Majesty forever for a public higiiway of all the land through which the new road passes to the breadth of sixty-six feet. 9. The Governor in Council may assume the charge and management of the undermentioned great roads, that is to say : First. — The great road East from Halifax to Sydney, Cape Breton, passing through the counties of Halifax, Colchester, Fictou, Sydney, Inverness, Eichmond and Cape Breton. Second. — The great road North, from Truro to the fron- tier of New Brunswick. Third. — The eastern shore road, from Dartmouth to Ship Harbor. Fourth. — The new Guysborough road, from the point of intersection with the great eastern road at Rutherford's to the dividing line between the counties of Halifax and Guysborough. TITLE XI.] LAYING OUT, ETC., ROADS. 245 Fifth. — The southern shore road from the head of the Chap. 43. North West Arm to the dividing line between the counties southern shore of Halifax and Lunenburg. Sixth. — The great western road from the city of Halifax Great western to Avon bridge in the county of Hants. ■"°'"^' Seventh. — The road from Liverpool through Middlefioldj Boadfrom South Brookfield, Harmony, Kempt and Maitland, to An- ^pohr'*"^"' napolis. 10. The Governor in Council may lay off the great Governor in roads herein mentioned in convenient sections, not exceed- putroads°S ing one hundred miles, and appoint one supervisor for each appoint supev- of the sections so laid off and determined. 11. Such supervisors when duly commissioned and supervisors, appointed shall have the general charge and superintend- t^eir authority. ence of the sections of great road which shall be respec- tively entrusted to their care. 12. The supervisors shall be entrusted with the ex- To expend penditure of whatever sums are annually voted by the """""^y- legislature for the maintenance, repair and improvement of such groat roads : the power of the Legislature to sub- Proviso. divide and apportion the great road moneys not being impaired by this Chapter. 13. In the expenditure of such moneys, and in the Mode of expen- mode of accounting for the same, (except in so far as the '^""'■''■ law may be varied by any Order in Council which may be hereafter made and promulgated), the supervisors shall be guided and bound by the laws of this Province ; and (ex- cept wlien restrained by any Order in Council) shall possess and exercise all the powers now b}' law possessed and exercised by commissioners of highways. 14. It shall be the duty of such supervisors to furnish supervisors to annual reports of the state, condition, and requirements '"™'^'"'«p<"^- of the sections of roads committed to their charge, with suggestions for their improvement and detailed estimates of the probable cost of the alterations and improvements so suggested. 15. It sliall be lawful for the Governor in Council to to be governed issue from time to time such orders and instructions to the go verno™ 1"™ supervisors as may seem meet ; such orders and instructions ^tu™"^ ''^ '*^*" to be laid before the legislature within ten days after the opening of the next session, and to have the force of law until the same shall be disapproved. 16. The rate of remuneration to the supervisors to be Remuneration appointed under this Chapter shall in no case exceed the °^ supervisors, amount of commissions which is now by law given to commissioners of roads ; except where surveys of new and important sections of roads are made, and then they shall be entitled to charge at the same rate as is now paid to surveyors for the like service. 246 HIGHWAYS, ETC. [part I. Chap. 44. l'^- -A.1I road work shall be done by tender and contract ; Koad work to be ©xcspt where the expenditure of the moneys by days' work (lone bjjr contract may be Hiore advantageous to the public, and so testified or day s labor. , i , i • to by the supervisor. CHAPTER 44. OP laying out roads other than certain great roads. Koads to which chapter applies. Mode of laying out new or alter- ing old roads. Persons appoint- ed to report to sessions. To make agree- ment with pro- prietors. To annex plan. When no agree- ment made, ap- praisers to be appointed and sworn. 1. The provisions of this Chapter shall be applicable to roads other than those mentioned in the last preceding Chapter. 2. Twenty or more freeholders of any county or dis- trict may petition the sessions for the making of a new road or the alteration of an old one ; and the sessions, if satisfied of the propriety thereof, shall order a precept to be directed to one or more competent persons, directing him or them within a convenient time to examine into the propriety of the desired new road or alteration, and, if satisfied thereof, to lay out and mark the same in the way most advantageous to the public, and least prejudicial to the proprietors of lands through which the same shall pass. 3. The persons so appointed shall examine into the propriety of such road ; and if by them deemed unneces- sary shall report the same to the sessions ; and if deemed for the public benefit may lay out and mark the same, and may make an agreement in writing with the proprie- tors of the land through which the same shall run ; which agreement shall state the length of the road and the amount agreed on for damages to soil, improvements and cost of fencing respectively, and shall have a plan annexed of the road and lands through which it shall run, to be filed with the Clerk of the Peace, with a full return of pro- ceedings thereon, to be laid before the sessions. 4. When no agreement shall be made, one appraiser shall be appointed by the Custos of the county, another by the owner or owners of the land, and on their default after three days' notice b}' the persons who shall have laid out the road, who in any case shall appoint a third ; and the three appraisers shall be sworn before a justice of the peace to the faithful discharge of their duty, and shall enter upon the lands and appraise the damages to the owners for soil, improvements and fencing respectively; which appraisement shall be reduced to writing, and shall be returned to the Clerk of the Peace, accompanied by a TITLE XL] HIGHWAYS, ETC. 247 plan and admeasuremerit of the roads, to be laid before Chap. 44. the sessions. 5. If the proprietor of the land be absent from the Notice to absent Province no notice need be served ; and, if he be absent p^p™*"™- from the county and within the Province, a notice may be forwarded to him by mail ; and if, after fifteen days, he shall not appoint an appraiser, the Gustos is authorized to ap- point in either case an appraiser for the absent proprietor. 6. When the road shall run through the lands of more whemnorethan than one proprietor, such of said proprietors who shall not appraise™how' enter into an agreement as provided by this Chapter shall "•pp"™'^'*- join in the appointment of one appraiser for the purpose of appraising damages to their respective lands, together with the two appraisers to be appointed as hereinbefore provided ; and in case of the said proprietors disagreeing or neglecting or refusing so to do after seven days' notice, the Gustos shall appoint one arbitrator, whose acts shall be binding on such proprietors touching such damages as if they had joined in such appointment. 7. The Clerk of the Peace shall post notices containing cierk of peace to , , -, a • 1 •! n P*^^* notices of tue substance of such returns in at least six places of new roads or public resort in the county or township, and also near the * ^f**'""*- contemplated new road or alteration, for the space of thirty days previous to the next sessions. 8. At the next general sessions or any special sessions Irmordi" n"" called for that purpose, the proceedings shall be considered, proceedings. and objections, if any, heard thereto ; and the sessions shall then confirm or disallow the proceedings, and it con- firmed, they shall be recorded. 9. The persons appointed under the second section, in fp^^woTow making their appraisement in case of alteration of a road, roads. may apportion th« old road or parts thereof to proprietors of lands through which the alteration runs, and put a value thereon as compensation, in whole or in part for the land taken for the alteration, and shall include the same in their return ; but the land so apportioned must run through or adjoin the lands of the g^roprietor to whom it is appor- tioned, ''"' 10. The persons appointed under this Chapter to lay ^f^i,™f ''*'*''■• out any new road or alter any old one, may lay out the same of a less width than sixty feet, if they shall consider such less width sufficient for the public convenience; and the sessions may confirm or disallow the same. 11. When the proceedings shall be finally confirmed, tandiapportion- the land apportioned under the ninth section shall become feeof°per8on to the absolute property in fee of the person to whom the ^^omauotted. same shall have been allotted ; but it shall not be shut up, or the public excluded from the free vise thereof, until closed by order of sessions under the la,w in reference to the closing of old roads. 248 HICfHWAYS, ETC. [PAST I. Chap. 44. Damages, &c.> county charge. Compensation to proprietors, vfhtn made. Sites of roads when held as urrendered. Open and pent roads, how laiil out. Damages to he a county or district charge. Gates on private ways by order of Penalty for breach of regula tions. Fences to be made before compensation. Public landings^ making of. Quantity of land for. Justices in- eii^ble for ap- pointment. 12. The damages appraised and expenses incurred shall form a county charge. 13. In case of confirmation the proprietors of the land shall be entitled to receive compensation for fencing, on making oath that the fence has been put up at least half the full width of the road from the centre thereof, as so laid out ; such oath being in other respects conformable to the provisions of this Chapter. 14. Where roads have been, or shall hereafter be altered or made without any demand for compensation made by proprietors of land through which the new road runs within one year from the opening thereof, such acqui- escence on the part of the proprietors shall be held a volun- tary surrender to Her Majesty forever for a public highway of all the land through which the new road passes to the width to which the said road was originally laid out. 15. The sessions may order the laying out of a private way either open or pent in the same manner as above prescribed ; except that the application for such road need not be by twenty freeholders^ and the damages in such case, or in any ease wherff they have been hitherto allowed and have not been paid by the poor district through which the road runs, shall form a county or district charge, or shall be borne by the applicants, as the court in confir- mation may order. IG. The sessions ma}' direct gates to be placed on private ways and make regulations respecting the placing and keeping thereof; and persons guilty of a breach of such regulations shall for every offence forfeit not less than one dollar nor more than eight dollars. 17. No compensation for fencing shall be made under this Chapter until the proprietor of the land shall have made oath before a justice that the fence has been put up in a proper manner, and at least one-half of the whole width from the centre of the road, and encloses in whole or in part some of his lands, and that the same shall not be removed with his assent. 18. A public landing upon the shore of any navigable water may be established or altered by the same means and in the same way as a new road may be made or an old one altered under this Chapter ; and, in so far as the same may be applicable, the provisions of this Chapter shall extend to such landings and to roads connecting the same with the Queen's highway. 19. Any public landing laid off or established under this Chapter may include so much land as in the opinion of the committee may be sufficient for the purposes of such landing, not to exceed in all one acre. 20. No justice of the peace shall be appointed to act under the second section of this Chapter. titlb xi.] expenditure of moneys on eoads. 249 Chap. 45. CPIAPTER 45. ■ OF THE EXPENDITURE OP MONEYS ON EOADS. 1. The Governor in Council shall annually before the commissioDers fifteenth day of May, and thereafter in cases of necessity, i""^ *PP°''««d- appoint commissioners for superintending the expenditure of moneys granted for the making and repairing of roads and bridges, and may remove them at pleasure and appoint others in their place ; and the Provincial Secretary shall, within twenty days after the appointments, have the com- missions and the bonds to be entered into by the commis- sioners, where required, transmitted ready for execution. 2. The commissioners, when the amount to be expended commissioner shall exceed eighty dollars, shall, before entering upon the sZtoTer"' duties of office, give security by bond, with two sureties to ^eWy doUa™, the satisfaction of two justices of the peace for the county, in double the amount of the sum to be by them expended, faithfully to lay out and account for the money according to law ; and the justices shall certify their approbation and the sufficiency of the sureties upon the back of the bond. 3. ThefTreasurer shall retain in his hands, where the sums under amount shall not exceed eighty dollars, the whole, and in no^t^'SawS other cases two-thirds, of the amount to be expended, until expended; over the whole sum shall have been duly laid out. one-twrd only. 4. The moneys shall be expended, after sale by auction Money howto or by tender and contract, unless it shall appear to the a^uSt^'fl™ commissioner that the same or parts thereof cannot be so "foath.&e. advantageously expended in that manner as by days' work, in which case the moneys or parts thereof required may be expended by days' work : but the commissioner who shall expend any moneys by days' work shall render an account thereof in writing under oath to the Provincial Secretary, the oath to be administered by a justice of the peace with- out fee, and to be, as nearly as may be, as follows : " I, A.B., do swear that the annexed [or foregoing'] ac- count is just and true, and that the moneys bj' me expended have been fairly 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 days' 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 public sale or by tender and contract. (Signed) A. B., commissioner. Sworn to at , this day of , 18 — , before me. (Signed) C. D., J. P." 250 EXPENDITURE OP MONEYS ON ROADS. [PART I. Chap. 45. 5- Before entering into any contract the commissioner Contracts how to sball give Hoticc thereof by advertisement posted up for andwhen^to"be' ten days previously in the places usual for public notices fulfilled. in ti^Q county ; and he shall receive sufficient security from the contractor for the performance of the contract within the time specified ; and he shall, wiiere the whole amount to be expended exceeds, eighty dollars, pay the contractor as the work shall be proceeded in moneys on account, until one-third of the amount of the contract shall have been paid ; but shall not pay the remaining two-thirds until the work shall be completed agreeably to contract. Contracts shall be made to expire on or before the last day of September in the year in which they are entered into; except those for the opening of new roads and the improv- ing such as have not been used for wheel carriages, and for erecting bridges, which may be extended until the thirty-first day of October ; and the contracts shall be, as nearly as may be, in the following form, and shall be bind- ing on the parties thereto : , "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. P. 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 Form Contracts in cases under eighty dollars. Form. 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." 6. Where the sum to be expended on any particular work shall not exceed eighty dollars, it shall not be impe- rative on the commissioner to require the contractor to enter into the formal contract hereinbefore prescribed ; but it shall be sufficient to maJte a memorandum in writing, which shall be binding upon the contractor and his surety for the due performance of the contract, and upon the commissioner for the payment of the moneys agreed on-. And the memorandum shall bo as nearly as may be in the words following : A. B., of . hereby agrees with C. D., of , to and to complete perform the following work, viz. ; the same in a good and workmanlike manner, on or before the day of next. For the due performance whereof E. P., of , hereby becomes surety for the TITLE XI.] EXPENDITURE OP MONEYS ON ROADS. 261 said A. B. And the said C, D., as commissioner for the Chap. 45. performance of the work, hereby agrees with the said A. '— B. on the due performance of his contract, to the satisfac- tion of the said C, D., to pay him the sum of therefor. Dated this day of , 18 — . (Signed) A. B. C. D. E. F. 7. Commissioners expending any moneys by contract Eetum of com- shall make return under oath to the Provincial Secretary's "sls'Tmoncys office, stating the amount of the different contracts entered l^^?^^^^^ into by them ; the oath to be administered by a justice of the peace without fee, and to be as nearly as may be as follows : " I, A. B., do swear that the contract referred to in the oath annexed [or foregoing} account, has been faithfully execu- ted, and that 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.'' And they shall also make return of the contracts or copies thereof when exceeding forty dollars. 8. Tf two justices of the peace for the county shall cer- Two justices tify to the Governor that the work upon any road or bridge "hfrrwoSnot has not been faithfully performed, or that any contract f^jtM^'^yp^- has not been faithfully executed, the commissioner shall ceeflingsthere- not drj-w the money entrusted to him to expend, or the re- "^''°' maining two-thirds thereof, as the case may be ; but the general sessions for the county, or a special sessions to be called for the purpose, shall inquire into the expenditure of the monej^, the performance of the labor, and the execu- tion of the contract where one has been entered into, not- withstanding the same may have been performed to the satisfaction of the commissioner, and shall certify to the Governor the particulars of the expenditure and the sum which, in their judgment, ought to be paid to the commis- ' sioner ; which sum only the commissioner shall receive from the treasury. 9. Where it may be necessary or expedient to procure Materials how materials for the repair of the roads, the commissioner, if pio^ded; where „ ^ , . r ^ n o^^er of soil from the absence or obstinacy of the owner or possessor of absent or obsti- the soil, no agreement can be made with him, may enter °* "' with workmen, carts, carriages and horses^ upon any lands, and therefrom, for the repair of the road, dig up and carry away stones and gravel, and cut down and carry away trees, bushes, 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 252 EXPENDITUBR OF MONEYS ON ROADS. [PART I. Chap. 45. Number of la- borers : wages how paid. Foreman may be appointed. Commissioners' per centage and pay ; pay of men and teams ; worlcing hours. When employed on breakwaters^ Encroach- ments and en- oambrances, how provided against. 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 laborers to work under one commissioner ; and the wages of laborers shall be paid in cash only. 11. For every ten laborers daily employed by one com- missioner, the commissioner may employ a foreman 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 the rate of five per cent, on the moneys to be by them expended, and also one dollar and twenty-five cents per day for every day they shall have been actually employed superintending day laborers, and shall have had at least ten laborers at work throughout the day. No fore- man or laborer shall be paid more than one dollar and twenty-five cents per day. No owner of a team, consist- ing of a cart, driver and two horses or four oxen, shall be paid more than three dollars per day ; and of a team con- sisting of a cart, driver and one horse or two oxen, more than two dollars per day. No owner of a plough shall receive more than forty cents per day unless under special circumstances set forth in the afiBdavit to the account, — the day to consist of at least ten working hours ; and the foregoing wages to be paid only where suitable day labor- ers, teams and drivers, cannot be had at lower rOi^s lor cash. 13. Laborers employed in erecting breakwaters and in clearing out rivers, or in other public works of a similar nature, shall be entitled to receive a sum not exceeding one dollar and fifty cents per day for their labor while so engaged. 14. The commissioners shall examine the breadths of the roads within the limits of their commissions ; and if it shall appear that any encroachment or encumbrance has been made or placed upon the same, shall forthwith give notice to the owner or possessor of the land adjoining, that unless the road be opened and cleared to its proper width, within thirty days, the person who shall have caused or continued the encroachment or encumbrance will be prosecuted as the law directs ; and the commis- sioners shall make an accurate retnrn of the breadth of the roads and of encumbrances 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 pi'oper to carry into effect the laws in relation to encroachments and encumbrances on the highway. TITLE XI.] HIGHWAY LABOR. 253 15. Except in cases of emergency or in the opening of Chap. 46. new roads the commissioners shall complete their work ^ork completed before the twentieth day of August in each year. aothAugast. CHAPTER 46. OF HIGHWAY LABOR. 1. The districts as now established for the performance Districts con- firmed : s to make new. of statute labor on the highways ,are confirmed ; and the *™''^ • s«^'«""' sessions may erect new districts or alter the limits of those now established. 2. Every male between the ages of sixteen and sixty, p^jgons iiaWe to being able to do a reasonable day's work, shall be liable to two days' work. perform two days' labor as a poll tax. 3. All males whose names are included in the assess- scaie of addi- ment roll and assessed for any sum over one hundred dol- lars, shall be liable to perform in addition according to the following scale : — One hundred to two hundred dollars, one day ; Two hundred to four hundred dollars, three days ; Four hundred to six hundred dollars, four days ; Six hundre.d to one thousand dollars, five days ; One thousand to one thousand four hundred dollars, six days ; One thousand four hundred to one thousand eight hun- dred dollars, seven days ; One thousand eight hundred to two thousand two hun- dred dollars, eight days ; Two thousand two hundred to two thousand six hun- dred dollars, nine days ; Two thousand six hundred to three thousand dollars, ten days ; Three thousand to three thousand five hundred dollars, eleven days ; Three thousand five hundred to four thousand dollars, twelve days ; And above four thousand, at the rate of a day to every thousand dollars. _ . 1 ,j. . Males over ,ixty 4. Males over sixty years oi age holding property years, assessed for a sum less than one thousand dollars shall be exempt from the performance of statute labor; but such parsons holding property assessed tor over one thousand dollars shall be liable for the performance of statute labor in respect of such excess ; aiid, in computing the number 254 HIGHWAY LABOR. [PART I. Chap. 46. Persons exempt. Property ex- empt. Surveyor may require teams. Labor to be done in ei^iit days if required. Ifo. of hours in each day. Time of per- forming labor. Notice. -Absentees. of days to be performed, the amount shall be calculated by tlie scale, beginning at one thousand dollars and pro- ceeding thereon to the amount contained in the roll. 5. Persons holding commissions in the military or civil department of the army, firemen and enginemen, clergy- men and ordained ministers, couriers and licensed ferry- men, shall be exempted from statute labor ; unless they are assessed for a sum over one thousand dollars, in which case they shall be liable in respect to their property for the excess over that sum, but shall not be liable to the poll tax. 6. Property over one thousand dollars of assessed value, in the hands of executors, administrators, trustees, agents, guardians and women, shall be liable in respect to the excess at tho same rate of taxation as other property. 7. The surveyor may require any person owning a horse or ox team or teams to send such team or teams pro- perly yoked and harnessed, with a driver or drivers and a cart, to the extent of one-half the labor such person is re- quired to perform, and every day's labor of such team and driver shall count for two days, 8. The surveyor may require the whole amount of statute labor imposed under this Chapter to be performed within a period of eight days. 9. A day when mentioned in this Chapter shall be eight working hours. 10. The surveyors and commissioners shall cause to be summoned the persons contained in their lists to labor on the highways, at the most seasonable time between the first day of April and the fifteenth day of September, seed time and harvest excepted, by giving them six days' notice of the time and place where they are to be employed, and of the tools to be brought for such labor, the notice to be given either by the surveyors or commissioners or by any person by them authorized and to be left verbally or in writing with some person of the age of discretion at the usual place of abode of the party; and, at the time and place appointed, the surveyors or commissioners shall attend and oversee the persons so summoned to labor, in making and repairing the higliwa3's and bridges in the most useful manner during the number of days required by this Chapter. 11. Every person liable to perform labor under this Chapter who has been duly notified, but who maj' have left the district and shall be absent therefrom during the time appointed for the performance of his labor, and shall not have provided a sufficient substitute or paid the com- mutation therefor as hereinafter prescribed, or shall not adduce satisfactory proof of his having performed or com- TITLE XI.] HIGHWAY LABOR. 255 muted or otherwise paid for hia statute labor in some other Chap. 46. district, shall on his return to his usual place of abode pay fifty cents for every day's labor to which he was liable. 12. In case a highway shall become obstructed or a obstructions bridge broken down or carried away or a road rendered 'low removed. impassable by any unforeseen cause, except by the falling or drifting of snow, the surveyors of highways or com- missioners of streets,, under the direction of two justices of the peace, shall notify such persons within the district as may be deemed necessary to attend inamediately, either by themselves or with their teams, as may be considered advisable, to remove the obstructions or make such repairs upon the highway or bridge as may by the justices be con- sidered absolutely necessary to render the same passable ; and every person so attending and laboring shall be allowed for the labor by a reduction of the like number of days from the labor to be by him performed under this Chapter, either for that or for the subsequent year, as the same may occur before or after the time limited for the performance of highway labor in the district, in the same manner and to the same extent as if the labor had been performed at the usual time; and every perscm duly notified to attend and labor under this section who shall neglect to do so shall be liable to the same forfeitures as if he had neglected to attend and labor at the regular time; such forfeiture for each day when paid to reckon for one day's labor of such person under this Chapter. 13. It shall be lawful for any person liable to perform commutation, labor hereunder to commute his labor on the payment to the overseer or commissioners on or before the day ap- pointed for the performance of such labor, of fifty cents for each day's labor which he i? liable to perform ; and the overseer or commissioners shall receive such commutation at any time within three days after the day appointed for the commencement of the labor ; but the overseer or com- missioners may in their discretion accept labor or the com- mutation within the period last named. 14. Every person dulj' notified, who shall not labor Forfeiture. agreeablj'^ to the notice, or tender the commutation there- for as directed in the last section, shall forfeit sixty cents for every day's labor to be by him performed. * 15. No person residing upon an island whereon ther-e Residents on are any highways upon which the performance of labor '''»""*'• under this Chapter may be enforced shall be obliged to work or furnish any labor hereunder upon the main land or be liable to any penalty for not so doing; but every i)er8on so residing upon an island and liable to perform abor under this Chapter, shall perform the same upon 256 HIGHWAY LABOR. [part I. Chap. 46. Besaions may lo- cate work. Surveyor may alter road with consent of two justices. Breaking roads in winter. Forfeiture. Proviso. Return of sur- veyor and com- "mi8?ioners. When owner of property resides out of district. Prooeedisags to make up roll. some highway or bridge on the island ; and where the island sliall be connected with tlie main laud by a cause- way or bridge snch portion of the labor as may be required to keep the causeway or bridge in repair or to rebuild the same shall be performed thereon. 16. The general sessions may grant permission or direct in writing persons to perform the labor on such road as they shall direct. 17. The surveyor of any highway, with the consent of two justices of the peace and the owner of the land through which such alteration is contemplated, may alter any road within the district of which he is surveyor, and make a return of the same to the Clerk of the Peace, in order that the same may be recorded. 18. The surveyors and commissioners shall, as often as may be necessary during the winter, order all persons liable to do statute labor to work with their shovels, horses, oxen and sleds upon the highways, in order that the same may be rendered passable ; and every person so liable not complying with the order shall for every omis- sion forfeit seventy cents ; but no person shall be obliged to furnish more than two days' labor of himself and team for any one fall of snow, or work in any case when the fall or drift of snow shall not exceed twelve inches in depth. 19. Every survej'or and commissioner of streets shall annually on or before the first day of the sessions, which shall happen next after the time herein limited for the per- formance of highway labor, make a true and faithful return in writing under his hand to the Clerk of the Peace of the labor performed by each person, showing the commu- tations and fines by him received and the expenditure thereof and the amount of moneys then in his hands, which latter the surveyor or commissioner shall at the same time pay over to the Clerk of the Peace, to be expended upon the roads under the direction of the sessions. 20. When the owner of property liable to assessment for statute labor resides in another district, the labor shall be performed or the commutation paid in the district where such person resides. 21. The general or a special sessions called for the pur- pose, shall appoint a ju.stice of the peace, or other suitable person in each electoral district, with whom a copy of the assessment roll for that district shall be lodged ; such copy to be furnished by the Clerk of the Peace, who shall notify the surveyors of the persons with whom such roll is lodged, and shall require them to meet with such person at a time and place therein specified, and make out the lists of all persons liable to perform statute labor within the limits of TITLE XL] HIGHWAY LABOR. 257 each surveyor, and the number of days which each person Chap. 46. shall be liable to perform ; and the sessions shall make such regulations to secure the due notification of the sur- veyors as to tiiera may seem proper ; and two days' labor shall be remitted to the person with whom the assessment roll is so lodged. 22. Ail mouey.s collected by surveyors of highways and BxpandLtm-e ot commissioners of streets shall be expended by tender and '"°°''^°" contract, or by public auction, after three days' notice in writing posted in at least two of the most public places in the district, unless in the opinion of the surveyor or com- missioner it would be more advantageous to the public that such expenditure should be by day's work; and in By day's work /. ^T, 1 T, 1J.T to be attested. cases 01 expenditure by day s work, tiie surveyor or com- missioner shall make oath to his accounts in the same form as in the expenditure ot government road money. 23. Each surveyor and commissioner who shall by Penalty on sur- neglect or misconduct cause the loss of any statute labor, ^^^ "rnegec. shall be liable to pay double the amount of such statute labor, to be recovered as debts of that amount are now How recovered recoverable : such amount to be proceeded for within two "" ^^^^^ ' years, and when recovered to be applied as follows ; one- half for the roads within the county or district, and one- half to the prosecutor. 24. Every surveyor or commissioner for any other Penalty. neglect of duty shall be liable to a penalty of eight dollars, to be recovered and applied as in the last preceding sec- tii3n. 25. The surveyor of statute labor shall retain out of Payofsurvey- the moneys in his hands the sum of one dollar for each and ™^' •every day which he is obliged to attend on the road, over txnd above the number of days which he is liable to per- form under this Chapter. 26. All fines and forfeitures incurred by minors under Forfeitures by this Chapter may be recovered from the parents, masters o""?ed'.''°'"^'^ or guardians of such minors with whom such minors reside, or who have a right to receive their wages, in the manner provided in the next following section. 27. Forfeitures under this Chapter shall be sued for and Forfeitures, hGw recovered by the surveyor or commissioners by their name appiIS!"* ''"* of oflBce 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 anv case in the same manner and with the like costs as if they were private debts ; and, when recovered, shall be applied by the surveyor or commissioners to the repair of the highways. 17 258 HIGHWAY LABOR, [FART I, Chap. 46. 28. Returns of statute labor shall be made in the form in the Schedule hereto annexed. 29. The general sessions in each county or district may once in each year appoint one or more general inspectors of statute labor, whose salary and duties shall be fixed by such sessions. 30. Blank forms of surveyor's returns of higliway labor shall be furnished from the Provincial Secretary's ofSce, and forwarded to the clerks of the peace on application made for that purpose. Clerk of peace 31. It shall be the duty of the Clerk of the Peace to T°j?ora!''™'* ^"'prosecute delinquent surveyors for neglect or breach of duty under sections twenty-three and twenty-four of this- Chapter. Form of return. General inspec- tors. Blank forms how furnished, SCHEDULE. County of Return of Statute Labor for No. 18—. Road District, named Names of parties liable for statute labor. R ft Com mutation. Fines collected. Fines not collected. Dols. eta. Dols. cts. DMa. cts. Account of expenditure of moneys collected from commu^ tations, fines, &c,, as per foregoing return. Names of laborers. Days men. Days with team. Rate per day. Dols. cts. Contracts & Materials. N. B. — In case any portion of the labor is performed by contract, the date, name of the contractor, and particulars of the contract, to be set forth in the right-band column. title xi.] preservation of roads. 259 Chap 47. CHAPTER 47. OP THE PRESERVATIOK OF ROADS. 1. If any person shall illegally alter or encroach on a pme for aitera- public highway or private road laid out and established 'roachmlnts. by law, he shall forfeit twenty dollars. 2. A justice of the peace on his own view, or on the Justice may fine oath of a witness, may impose a fine not exceeding four 'olds'!'"""'^""* dollars on any person who shall encumber auy road or bridge by placing anything thereon, to be levied by war- Kne how levied. rant of distress on the offender's goods, or, in case the of- fender shall not be known, by sale of the encumbrance ; the surplus, if any, being retained for the owner when discov- ered. If the encumbrance shall be continued, it shall be deemed a new ofiFence. 3. The sessions may make regulations for preserving side paths pre- the side path's of any public highway, except within the ofsMsions."'^''" City of Halifax, from being injured; and every person guilty of a breach of the regulations shall forfeit not less than one nor more than ten dollars. 4. It any person shall destroy or injure any trees or Finefordestroy- nnderwood growing upon the land lying between any river, i°tw^n%fvers lake or arm of the sea, and any public highway, running ''°'i*''g'i'«''iy*'- within thirty feet of the margin thereof, he shall forfeit a sum not exceeding eight dollars. 5. If any person shall injure or destroy any trees or Roads near sea, underwood growing at any pla^ie where the bank shall not tobe^injured.' be of greater width than twenty feet from the side line of the road to the waters of any river, sea or harbor, or shall, from any place above high water mark where the bank 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 offence eight dollars ; and, in default of payment or goods whereon to Penalty. levy, he shall be committed to jail for not less than ten nor more than thirty days. 6. All encumbrances found on the ditches of the roads BnoBmbranoes shall be forfeited, and may be disposed of by the surveyor *o''f«i'«d- of highways without any legal proceedings ; and the pro- ceeds shall be applied by the surveyor to the repair of the road. 7. No person shall ride or drive any horse at full speed Dieorderiy or in a disorderly manner in the public street or highway ic?'"^'^™""^' 260 CLOSING ROADS. [PAET I. Chap. 48. Bridges pro- tected. Carriages on runners driven with bells. Width of car- riages on iiin- nei'S. Width of loads of liay. Unloaded sleds. Centre of high- way to be left on the right. Persons passing in c.irriages to leave apace on left. Carria^res stand- ing. Fines for of- fences, when to be prosecuted. How applied. in any town or village. Persons violating this provision shall forfeit a sum not exceeding four dollars for each of- fence, to be recovered as directed in the sixteenth section. 8. No person shall trot or gallop any horse over a bridge, within or partly within this Province, of greater length than twenty-five feet. 9. Carriages on runners driven on the highway shall have affixed to the harness two good open bells or four good round bells, such as are commonly used iu sleighs. IC. Carriages on runners used for the conveyance of loads on the highway shall not be less than four feet wide from outside to outside. 11. No load of hay or straw of greater width than four- teen feet shall be drawn on any highway. 12. No unloaded sled shall have pointed stakes standing, or frames or projecting pieces outside. 13. Persons in driving upon the highway shall leave the centre of the road on their right hand. 14. Persons attempting when driving to 'pass another carriage on the highway heading in the same direction, shall leave a sufficient way open on their left hand for the carriage which they are about to pass. 15. Carriages standing on the highway shall not be nearer the centre of the road than eighteen inches and on the proper side thereof. 16. Persons violating any of the provisions of the last eight sections shall for each offence forfeit two dollars, and in default of payment or goods whereon to levy, sliall'be committed to jail for not more than forty-eight hours ; but the prosecutions must be commenced within forty-eight hour-; after the offence. 17. Forfeitures under this Chapter not specifically appropriated shall be applied under the directions of the sessions to the repair of roads and bridges. CHAPTER 48. OF CLOSING ROADS. 1. Old roads may be closed by_ ses- ^ i sions on petition; roau Where a line of road has been altered and the old has been abandoned by the public as a general fSS*'"^'"™" thoroughfare, any of the proprietors of land adjoining the old road may, by petition stating the facts and the names of all persons interested in the lands on either side of the road, apply to the sessions to shut up or otherwise dispose TITLE XI.] COMMISSIONBRS OF STREETS. 261 of the same ; which petition shall bo accompanied by aa Chap. 49, affidavit that at least thirty dajs previous notice in writing ~ of the application has been given to the parties interested, and posted up in two public places near the road ; and the sessions shall hear the parties applying, and their witnesses, and also the parties notified, if they shall desire it, and their witnesses, and shall make an order either dismissing the application or granting or modifying the same. Per- sons dissatisfied with the order may appeal therefrom with- in ten days*^ to the next sitting of the Supreme Court ; and the Clerk of the Peace shall thereupon return the proceed- ings 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 con- clusive. 2. Persons, although not interested in lands adjoining Parties who maj- or near the road, and their witnesses, may be heard against plaiaSoweT the closing or disposing thereof, and may appeal from the order of sessions. 3. It any land adjoining the road shall have been the where owner ot property of a person deceased and be not divided among S."wfo'''Sf be his heirs, the representatives of the deceased person an d ''°V|i^^8''<='i p™- the guardian of his minor children, if any, and the person in possession of the land, shall, for the purposes of this Chapter, be considered the proprietors. CHAPTER 49. OP COMMISSIONERS OP STREETS. 1. The jurisdiction of the commissioners shall be con- jurisdiction of fined to the limits following, that is to say : Sn^d?'™^"'' For Maitland. From Richard Anthony's oast line to the Five Mile River' Maitiand. and along the Kennetcook road to Rocky Brook. For Windsor. To such parts of the Town as extend from Smith's Island Windsor. 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 south- ward and westward to Falmouth Ferry. 262 C0MMI8SI0NEES OP STREETS. [PART I. Chap. 49. Bridgetown. For Bridgetown. Within the bounds following, that is to say : beginning at the western boundary line of the late William Rufifee, one half mile to the northward of the Granville main road as now situate, thence westwardly until it meets the eastern boundary line of the late Henry Troop, thence southwardly until it meets the Annapolis River, thence by the course of the river to the western line of William Ruffee, thence northwardly the course of that line to the bound first mentioned. For Annapolis Royal. AnnapoUs. To such parts of the town as extend eastwardly to the intersection of the main road to Halifax, by the old road leading to the Dalhousie settlement, southwardly to the General's Bridge, westwardly to Allen's Creek, and north- wardly to Hog Island, including the same. For Dighy. Kgby. To all the roads and streets which are comprehended within a circuit of two miles extending from the court house in the Town of Digby in every direction. For Liverpool. iiverpooi. To such parts thereof as extend from Port Point by the western side of Liverpool Harbor to the bridge crossing the main road leading to the falls near More's tan-yard, thence south-west one mile, thence south-east one mile, thence north-east until it strikes the harbor of Liverpool, and thence by the harbor to Fort Point. For Antigonishe. Antigonishe. rpg ^[^q Towu of Antigonishe withiu the following limits: On the Hollowell Grant Road to the West line of the land of Joseph Dexter; on the Harbor Road including landing road to Angus McEachran's eastern line ; on the Saint Andrew's Road to South end of bridge at McAmes' ; on Glen Road to southern end of Wilkie's Bridge ; on Marshy Hope Road to T. S. Lindsay's West line; on North Grant Road to the North end of a bridge known as Lachy's Bridge ; and on Church Street to H. P. Hill's South line, and to include new streets opened up. title xi.] €ommissionees of streets. 263 Chap. 49. For Milton. Beginning on the eastern side oi Liverpool River at a MUtcn. bridge called Salmon Island Bridge, thence running at right angles to the river eastwardly half a mile, thence northwardlj' parallel to the river until it comes opposite to Thomas Hetherington's house, thence running one mile and a quarter on a course about North forty-five degrees West, in the direction of and past the house of Joseph Ford, junr., including such house, thence southwardly parallel to the river until it comes opposite to the residence of Freeman Tupper, inclusive, thence to the river, thence down the river to Salmon River Bridge. For Port Medway. From the Western Head to South West Cove, and ex- Port Medway. tending back from the river one mile. For Tusket Village. Prom the court house in Tusket, to extend oae mile in Tusutt. every direction. For Lunenburg. Within such parts of the town as extend eastward to the Lunenburg. South- West angle of the garden lots nearest to the town ; West to the road leading to Burn's tan-yard, and North to the bridge in the rear of the town. For Chester. To the town plot. -Chester. For Dartmouth. Within the distance of one mile, measured in a south- Dartmouth. wardly, 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 Hctou. 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 by the rear line of the original lots laid out and fronting the harbor. For New Glasgow. To the limits of School Section Number One in the New Glasgow. Southern district of the County of Pictou. 264 commissioners op steeets. [paht !► Chap. 49. For Ouyshorough^ Gii3 6boiough. To- tbe town plot. For Sydney. sydmy. To the peninsula of Sydney, extending to tbe southward and eastward to Fresh Water River Creek, the old Saint Peter's road, and thence in an eastwardiy direction to Copitt's Mill Brook; and the- nee to be bounded by the brook until it meets the waters of Malony's Creek. For the North Bar. s^orthBar. To the North Bar in the Couuty of Cape Breton, as laid off by the Sessions. For Sydney Mines. Sydney Mines. To Sydney Mines in the County of Cape Breton, as set off and defined by the Sessions. For Port Bawkeshury. portHawkeE- To all the roads and streets which are comprehended 'I'y- within a circuit of one mile extending from the Methodis:j Meeting House in the town of Port Bawkesbury, in every direction. lor Port Hood. Port Hood. To the village of Port Flood, in the County of Inverness, within the following limits : Bounded South by the Bridge at Little River, North by William Watt's Southern line. East by East Street, and West by the waters of the harbor at Port Hood. For Truro. rprupo. To the village of Truro, in the County of Colchester, within the following limits : bounded North by the line be- tween Truro and Onslow ; West by a line at right angles thereto, passing by the Presbyterian meeting bouse, so as to include the road from the Presbyterian meeting house to the board landing ; South by a line parallel with the firat line, and to run one mile South of the court house, and East bj' a line parallel with the West line, and to run along the East line of the lane called David Pulton's Lane, so as to include William Eaton's Lane ; the East boundary line to extend northwardly from the corner of said lane to the Onslow town line. title xr.] commissioners of steeets. 265 Chap. 49, For New Caledonia. From Jacob Stnrk's West line, West to William M. i*'ew Caledonia. Weatherspoon's West line, bounded South by the Anna- polis River, and running North half a mile from the main road. 2. The subsequent provisions of this Chapter shall sections appuca- extend to the City of Halifax and the commissioners of gli^ax'""^' "^ streets therein, unless where specifically excepted. 3. The commissioners shall appoint a clerk and receiver cierk and recei- of moneys, and may subdivide their districts and assign a subdirf'sTo"' ol ' part to each commissioner. districts. 4. The commissioners shall remove ail encumbrances Duties of com- upon the streets, prevent encroachments thereon, make "''^^i™"^- repairs, alterations and improvements therein as required, open and make new streets when authorized, make and repair bridges, and cause to be observed the laws touching the streets and bridges, or the work to be performed there- on ; and, especially, shall call out, sue for, levy and receive from the inhabitants liable to perform highway labor the moneys, services, highway work and penalties and compo- sition therefor, due, payable or to be performed by them ; and shall prosecute for offences committed against the laws relating to highways, and sue persons holding moneys ap- propriated to the repair of the streets, or not paying any penalty appropriated thereto. 5. The commissioners shall keep an exact account of Accounts of moneys received by them, and services performed under <»™""*''°°^'''- their direction ; and shall, under a penalty of twenty dol- lars, annually, on or before the first day of the sessions ■which shall happen first after the time limited for the per- formance of statute labor, render under their hands to the Clerk of the Peace, to be laid before the sessions, a gene- ral, regular, and fair account in writing of all moneys received and paid by them as Commissioners for the past year, to the end that the same may bo audited and passed by the sessions. 6. The commissioners shall from time to time cause the farther duties streets within their divisions to be cleared, repaired, ot^commission- 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 p*ro- prietors of the soil ; and may employ and pay boatmen, carts and laborers, as they may judge conducive to the accomplishing the designs of this Chapter; and may also make contracts for the repairing and paving of the streets ; and may compound with persons by the year for such sum 266 COMMISSIONERS OF STBEKTS. [PAKT I. Chap. 49. in advance as they may deem reasonable for the proportion of highway labor or payments to which such persons may be liable ; and may put up bars and fences to shut up streets while undergoing repairs ; and may raise, sink, alter or new lay drains', water-courses, pipes and sewers, as they may think proper, causing as little detriment to individuals as the case will admit of; and may cause the courses of gutters, water-courses or channels, running in or through the streets, to be altered as they shall think proper. Fine for neglect- 7. Persons residing within the foregoing limits respec- ts and streets tively, shall keep the gutters and streets before the houses, ireiXV.''"'™" buildings or land inhabited or occupied by them, free from dirt, filth and nuisance of every kind ; and whenever any encumbrance or nuisance shall be found in any of the streets the person before or nearest whose house, building or land the same shall be, shall forfeit four dollars, and also paj' the expense of removing the same ; and any commissioner may cause the removal thereof without giving notice to the owner, or being in any way answerable therefor ; but no person shall be liable to this penalty unless he shall bave placed the nuisance or encumbrance in the street where found, or not having so placed it shall suffer the same to continue twenty-four hours. Persons building 8. Persons bv leave of the commissioners may place in ™rBet3°tb?mate- the streets materials for building, not to include ships, and ""'■ erect posts, bars or enclosures for securing such materials, and continue the same for such time as the commissioners may give leave and in manner as they shall direct, and not longer or otherwise on pain of forfeiture. Wells and Q The Commissioners may cause wells to be dug and pumps, bow 1111 .'i 1 11 11 provided. pumps to be placed therein, in the streets where they shall judge necessary and convenient, in manner as they shall direct. Nuisances and 10. The Commissioners shall cause all things belonging encroachments . i*ij' ii j_ i i liabietoremovai, to any Duilding or Cellar, or to any ground or enclosure thereof, which may occasion any nuisance, encroachment or annoyance in any street, to be removed or altered in manner approved by them or their surveyor ; or, if it can be done without particular inconvenience to the public, may suffer the same to remain, upon the proprietor giving security that it shall not be repaired or rebuilt, and also paying to the commissioners a reasonable annual ground rent for the part of the street encroached on during the continuance of the encroachment. how^proteetedin ^^' P'^'sons intending to build upon or close to the <:aseofnew line of a Street, shall, before digging a foundation or begin- mgs. ning the building, apply to the commissioners to cause the line of the street to be defined and laid out, and shall defray TITLE SI.] COMMISSIONERS OP STREETS. • 267 the expense of a surveyor, if necessary to employ one, Chap. 49. and shall dig the foundation and erect the building within the line, avoiding any encroachment ; and if any person shall erect a building upon the line of the street without making such application and having the line so ascertained, he shall forfeit forty dollars, and shall also remove the en- croachment, or otherwise the commissioners may remove the same or take the steps by law allowed in cases of com- mon nuisances. 12. When the commissioners shall have proceeded to Lines settled by ascertain the line of the street on the application of any dilute f return, person about to build thereon, and he shall be dissatisfied how confirmed. with the line pointed out by the commissioners, a Judge of the Supreme Court shall, upon application of either party, issue a precept to the Sheriff or his deputy, to summon a jury of twelve disinterested freeholders to meet at some convenient day therein mentioned to view and lay out the line ; and- the jury shall have an oath administered to them by the Sheriff or his deputy, well and truly to lay out and establish the line of the street according to their best judgment : and the witnesses tendered shall be sworn by the Sheriff or his deputy; and, if the jurors or either party require it, a new survey of the line shall be made ; and the Sheriff or his deputy shall make a return forthwith under the hands of himself and the jurors to the Judge, who, if he shall approve thereof, shall confirm the return, and the same shall be filed in the office of the Clerk of the Peace ; but if the Judge shall not approve of the return a new precept shall be issued, and further proceedings had thereon in manner prescribed as to the first precept, and so on until a return be confirmed ; and the Judge shall direct how, and by whom the expenses of the proceedings shall be paid, and the same shall be taxed by the Judge and shall not exceed forty dollars. 13. No person shall break up the soil of a street with- ?°H°^ streets , r- I- 1..^, .. . broken only by out first making application to the commissioners in permission in writing, specifying the purpose for which such breaking Sencft.' up is required, and obtaining their permission therefor in writing ; and the commissioners may impose such terms upon the person applying as the security of passengers shall appear to them to require ; and any person acting contrary to this section or to terms imposed by the com- missioners shall for every offence forfeit twenty dollars. 14. Every person who shall drive any carriiage or ride Fineforriding over a side path, or roll or place heavy articles over or on tm^"^^."^ the same to the injury or obstruction of the side path, shall for every offence forfeit not less than one nor more than eight dollars. 268 COMMISSIONERS OP STREETS. [PART I. Chap. 49. 15. The whole of the bridge over the Annapolis River AnnapoUs river ^^ Bridgetown shall continue under the charge of the bridge under comtnissioners there, whose duty it shall be to see to the missfon'ers'!°™ proper keeping and repair thereof; and they shall take such measures for preventing injuiy to the bridge and for bringing to punishment persons guilty of wilfully injuring the same as to them may appear expedient. Sessions may set 16. The courts of general sessions are hereby, em- off districts. powered to set off by limits districts within their counties, and from time- to time to alter the same, and to declare what number of commissioners of streets shall be appointed for Appointment of each district in manner following: the grand jury shall commissioners, recommend double the number being residents in such districts, of whom the sessions shall select one-half, one of whom shall annually retire in the order in which his name stands on the recommendation list handed in by the grand jury ; and, upon such retirement, two other residents shall A'acandes, iiow be recommeudcd in like manner, one of whom -shall be ^"^''- selected by the sessions to supply the vacancy created by such retirement ; and in case of the death, continued absence, or refusal to serve of any such commissioners, a special sessions may fill up such vacancy, subject to the confirmation of the grand jury and the general sessions at their next meeting; and any person appointed under this section who shall neglect his duty, or after notice of such appointment shall refuse or neglect to be sworn into office within fourteen daysi, shall forfeit and pay a fine of eight dollars. Bridges over 17. The sessions in setting off districts may include ding^tomi'shiiM, within their limits any bridge now or hereafter to be built *"• over any brook, stream or river, dividing any districts or townships, and may place such bridge or any part thereof under the charge of the commissioners having supervision! within such districts. Provisions of this 18. Upou being swom to the faithful discharge of their chapter to apply, ^j^^j.^^ ^|j ^^^ provisions of this Chapter shall apply to the Commissioners to be appointed under the sixteenth section. Vacancies, how 19. When vacaucies of commissioners shall occur in iiiiedup. ^]jg several districts or villages in the first section named, they shall be filled up and supplied under the sixteenth section. Powers of com- 20. The Commissioners shall have all the powers by missioners. j^^^ vestod in the surveyors of highways; and no surveyors of highways shall have any powers within the jurisdiction of such commissioners. Money andflnes, 21. Moncys and forfeitures payable under the fore- MdappM-^'^ going sections may be sued for and recovered by the commissioners in their name of ofl5ce as commissioners of TITLE XI.] BRIDGES AND PUBLIC LANDINGS. 269 streets for the place for which they have been appointed, Chap. 50. 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 applied by the commissioners to the repair of the streets or other the purposes of this Chapter. 22. No action shall be commenced against the com- '"'otice of scti™ missioners or persons acting under them until twenty sioners; umita- days' notice in writing shall be given to one or more of the commissioners, nor after six months next after the act committed for wliich the action shall be brought ; and every such action shall be laid and tried in the county within which the commissioners have jurisdiction. 23. The word "commissioners," when used in this Definition of Chapter, shall include the commissioners of streets or the ™^' major part of them within their respective jurisdictions, unless otherwise expressed or repugnant to the sense; and the word '' streets" shall include highways, lanes and bridges. 24. Sections five, fifteen, seventeen, and nineteen shall °''y °f EaMsi. not apply to the City of Halifax. CHAPTER 50. OF BRIDGES ^D PUBLIC LANDINGS. 1. The sessions shall have control of all public wharves wharves, land- aud public landings, and of all draw-bridges, and also of SfdgS'un'dli^ the following other bridges, viz : — Lake Porter Bridge, in °;|j°'J°' °* ^'^'^ the County of Halifax; the bridge over Sissiboo River, in the County of Digby, and the bridge over Bear River, dividing the counties of Annapolis and Digby, which latter bridge, for the purposes of this Chapter, shall be considered wholly in the County of Digby. The sessions may make orders for the preservation and proper keeping of such bridges, wharves and landings, and may appoint persons to superintend the same, who shall in such case bo 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 i:i any one case twelve dollars, and may also impose charges on vessels lying at, and goods landed on, such wharves or landings, and may direct the mode of recovery and application of such penalties and charges ; but nothing herein contained shall affect rights conferred by any act of incorporation in relation to any such bridge, public wharf or public landing. 270 FERRIES. [part T. Chap. 51. 2, The sessions, upon the presentment of the grand Draws to be — jurj, are authorized to cause draws to be made in any of ™'"''''l^!^V''^^^the bridges erected or to be erected over any of the rivers ment of grand in this Provmce ; and all such bridges so converted into ^"^^' draw-bridges, shall be thereafter subject to all the pro- visions of this Chapter ; but nothing herein contained shall authorize the placing a draw in any bridge built under any charter or act of incorporation. CHAPTER 51. OP PERRIES. Ferries estab- 1. The sossious may establish ferries over harbors. ilited'by°essTo?J! ^ays, rivers and creeks within their counties or districts, and agree with and grant licenses to ferrymen on one or both sides thereof, under the regulations and at the rates of ferriage by the sessions established or to be established. Duty of ferry- 2. Ferrymen shall keep safe and good boats or vessels ""'"■ in good repair and suitable for the ferry, and give ready attendance on the passengers according to the regulations. Pine for neglect ■ 3_ Ferrymen not complying with the regulations or inability.' " ^'^roceiving more than the established rate of ferriage, or neglecting to keep boats or vessels or to give attendance as hereinbefore directed, shall ffll-feit for every offence not less than two dollars nor more than eight dollars ; and shall be further liable to an action on the case for damage by any person sustained from the neglect. Kne for inter- 4. When a ferry has been established and the ferry- rymfnTpririie- man licensed, if any other person shall carry over the «<='• harbor, bay, river or creek, whereon the ferry is estab- lished, 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 one dollar nor more than four dollars to the use of the per- son sueing; and in default of goods whereon to levy, the pe'rson convicted shall be committed to jail for not less than five nor more than ten days, to be in the execution ex- pressed, unless the amount shall be sooner paid ; but if the licensed ferryman shall not give attendance pursuant to the regulations, then any other person may supply his place and receive pay as if licensed until another shall be appointed. TITLE XI.] RAILROADS. 271 Chap. 52. CHAPTER 52. OP certain provisions respecting railroads, 1. The proprietor of any railroad whereon any loco- Beiis or whistles motive engine shall be run shall cause a suitable bell or g°nesfwhento" steam whistle to be kept on every engine while running, berungorsound- 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. 2. The proprietor of every such railroad shall cause Paintei boards boards to be placed, well supported by posts and con- *"=™^^"S'- stantly 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." 3. Upon application to the sessions, setting forth that Gates and keep- j 1 • , • , ' . , r- . . . • i • X rs at crossings in adclition to the foregoing provisions it is necessary for may be ordered the security of the public that gates should be placed ^y sessions. 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 neces- sary for the security of the public, shall make an order accordingly, with which order the proprietor shall comply ; but no such order shall be made unless a summons, to be issued by the Clerk of the Peace, setting forth the nature of the application, shall be served on the manager or person having charge of the railroad or some known agent of the proprietor thereof, actually employed in and about the railroad, at least fourteen days before the first day of the sitting of the sessions at which the investigation shall take place, requiring cause tq, be shewn against such application. 4. If any proprietor shall violate any of the provisions Fine for v-ioia- of the three preceding sections, he shall for every offence sMtionr^'^^'''"^ forfeit a sum not exceeding two hundred dollars. 5. If any person shall maliciously obstruct the passing Kneforobstruot- of any engine or carriage along any railroad, or shall ma- '"s 'aUroa'^S' liciously place any thing on any railroad now or hereafter 272 EAILROADS. [PART I, Chap. 52. to be constructed iu this Province calculated to obstruct ' ~ tlie passing of any engine or carriage or to injure or endanger the same, or shall maliciously injure such rail- road or any thing thereto appertaining or any materials or implements for the construction or use thereof, such person, and also every person abetting the offence, shall forfeit a sum not exceeding two hundred dollars or be imprisoned for a term not exceeding two 3'ears. Fine forgoing 6. It any person after any such railroad sliall be opened ammab orrSf- for use shall himself go thereon, or shall ride, drive or ™*''- lead any animal thereon without the consent of the pro- prietor, he shall for every offence forfeit four dollars ; but nothing in this section shall prevent the passing across the railroad where the same is crossed by any other road on a level therewith. Fine for cittie 7. If any animal shall be found going at large within raiiroad'iifntts. the limits of any such railroad after the same is opened for use, the person through whose neglect the same shall occur shall for every offence forfeit one dollar ; provided the railroad shall have on the sides thereof where it shall not cross some other road on the same leyel, a lawful fence. Imprisonment 8. If any pcrsou convicted under any of the two t^^rtirfy^fin? preceding sections shall not pay the judgment, and no goods can be found whereon to levy, he ma}' be imprisoned for a term not exceeding one day for every one dollar of the amount of the judgment ; such term in no case to exceed three months. Special consta- 9. In ordcr morc effectually to prevent breaches of the ^tatedTthdr toregoiug regulations, the general sessions or any special badges and dnty. ggggioug jjot interested in the railroad or connected there- with may appoint and swear in constables for such railroad, to be nominated by the proprietor ; and such constables shall be stationed at such places as may be deemed neces- sary at the expense of the proprietor, and shall carry such distinguishing badges when on duty as the general or special sessions shall direct, and shall have all the powers of constables in preventing such breaches, and for appre- hending offenders and taking them before justices of the peace, and for preserving public peace and order fix their compensation and to define their duties, and to make bye-laws and regulations not contrary to law 18 274 COEPOKATIONS. [PAET I. Chap. 53. Bye-laws, and proceedings to be regulated thereby. Proceedings, how recorded, when required by act of incor- poration. First meeting, how called. 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. 2. All corporations may, by their bye-laws, where no other provision is specially made, determine the manner of calling and conducting meetings, the number of mem- bers which shall constitute a quorum, the number of shares which shall entitle the members to one or more votes, the mode of voting by proxy, the mode of selling shares for the non-payment of instalments and of transferring shares generally, the tenure of office of the several officers, and the purchase, conveyance and sale of their real and per- sonal estate ; and they may annex penalties to their bye- laws not exceeding in any case the sum of twenty dollars for any one offence. 3. When any charter or act of incorporation shall direct that the bye-laws and list of shareholders, or either of them, shall be registered, no bye-law of the incorporation shall be in force until a copy thereof, and also, if required by the charter or act of incorporation, a list of the names of all the members of the corporation, with the amount ot the stock held by each member respectively, certified under the hands of the president and secretary, or, if the com- pany shall not have been organized, under the hands of three at least of the members of the company, of whom one at least sball have been named in the charter or act of incorporation, shall be recorded in the office of the Regis- trar of Deeds in such county as may be directed by such act or charter ; and no subsequent bye-law, nor any sub- scription of additional stock, nor the transfer of any stock or shares in the corporation, except by devise or by des- cent, or other act of law, shall be effectual, until a certificate thereof, under the hands of the president and secretary, shall be recorded in the same office ; and in all cases 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 Registrar of Deeds for the county or district in which such real estate may be situate. 4. The first meeting of every corporation shall, unless otherwise provided in the charter or act of incorporation, be called by notice signed by any one or more ot the per- sons named in the charter or act of incorporation, and set- ing 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 resi- dence, 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 news- paper in the county, then in two of the Halifax newspapers. TITLE XII.] CORPORATIONS. 275 5. Whenever by reason of the death, absence or dis- Chap. 53. ability of the officers of any corporation there shall be no How oaiied la person authorized to call or preside at a meeting thereof, spedaioases. 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 offi- Powers of rarpo- cers to fill all vacancies then existing, and may transact semwed. ^" "^ such other business as might by law be transacted at regu- lar meetings of the corporation. 7. Notwithstanding the corporation may hold real shares personal estate, the shares ot the stockholders shall be deemed to be ^™p^''^' personal property for all purposes. 8. The real estate of the company may be sold under Eeii estate sold execution in the same manner as personal estate, and the perty""'"*' ^™" Sheriff ghall, immediately after the sale, execute a deed to the purchaser, which shall convey all the estate and interest of the company in the real estate so sold and conveyed. 9. All acts or charters of incorporation shall expire. Acts to expire unless the company thereby established shall go into operation w?thm operation within three years from the passing thereof, ""■'^^®"'*' unless otherwise specially provided therein. 10. All corporations whose charters after they shall 9''"'''™''*°'=°° .^ . .,,. •',.. tinue three years have gone into operation shall expire by their own limita- after expiration,- tion, or shall be annulled by forfeiture or otherwise, shall e^rns."""^ ™" nevertheless be continued as bodies corporate for the term of three years after the time when they would have been so dissolved, for the purpose of prosecuting and defending suits by or against them, and of enabling them to settle and close their concerns, to dispose of and convey their property, and to divide their capital stock ; but not for the purpose of continuing the business for which such cor- porations were established. 11. When the charter ot any corporation shall expire Trustees maybe or be annulled, as provided in the preceding section, the wiSd up bisi- Supreme Court, on application of any creditor of such cor- "breel-ears. *^ poration, or of any member, at any time within the three years, may appoint a trustee or trustees to take charge of the estate and eff"ects 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 corpor- ation, and to appoint agents under them, and to do all other acts which might be done by such corporation if in being, that may be necessary for the final settlement of the un- 276 CORPORATIONS. [PART I. Chap. 53. Officers and members how sued. liability o£ individual mem- bers- liability of directors, &c, personally in special cases. Acts of com- panies valid without seal. No company to engage in bank- ing or insurance business unless specially author- ized. Arbitrations, how conducted where a corpo- ration is a party, finished business of the corporation ; and the power of such trustees may be continued beyond the three years and as long as the Court shall think necessary. 12. When any oflScer 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 in the Supreme Court. 13. No member of any corporation shall be relieved from individual liability for its debts or obligations ; but each member thereof shall be liable as a partner to the same extent as if no corporation existed ; and in case any execution issued on any judgment against the corporation shall be returned unsatisfied, the individual real and per- sonal estate of every member of the corporation .shall be liable to respond such judgment under execution issued thereon in the same manner as if the same were a private debt due by such member, unless the special act creating the corporation shall exempt its members from such liability ; and any member who shall be so compelled to pay any moneys on account of the debts of the corporation shall be entitled to credit therefor in the books of the cor- poration. 14. The directors or board of managers of any such corporation, the liability of whose members shall be limited by the act or charter of incorporation, unless otherwise specially directed therein, shall in all cases be personally liable for any responsibility incurred by them on account of the corporation, beyond the amount of the stock sub- scribed, without the sanction of the company obtained at a meeting thereof held in accordance with the bye-laws, unless such larger amount of dealing be specially author- ized by the act or charter of incorporation ; but this sec- tion shall not extend to insurance companies. 15. The acts of incorporated companies performed with- in the scope of their charters or acts creating them shall be valid, notwithstanding they may not be done under or be authenticated by the seal of such corporation.'^. 16. No corporation shall issue notes or bills for pay- ment of money, for the purpose of circulating the same as money, or engage in any banking or insurance business unless especially authorized to do so by its act of incor- poration; and if any corporation not so authorized, shall issue such bills or notes, or shall engage in any banking or insurance business, its charter shall be thereby rendered void. 17. Whenever in any act or charter of incorporation any disputes or matters of controversy in which the cor- poration may be interested, or any damages to which they TITLE XII.] CORPORATIONS. 277 may become liable, shall be directed to be settled or ascer- Chap. 53. tained by arbitration, the mode of proceeding on such arbitration, unless otherwise prescribed, shall be as fol- lows, viz : unless both parties shall concur in the appoint- ment ot 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 sliall 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 part}' shall fail to appoint an arbitrator within four- teen days after service upon him of such written request, a Judge of the Supreme Court, at the instance of the party making such request, may appoint an arbitrator to act on behalf of both parties, who may proceed to hear and determine the matters in question, and his award shall be final. If any arbitrator after his appointment die or become incapable from absence or otherwise, or refuse, or for seven days neglect, to act as arbitrator, the party by whom he was nominated, or a Judge of the Supreme Court, maj' appoint in writing some other person to act in his place ; and if for seven days after such substituted arbi- trator 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 ques- tion. 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, re- fuse, or for seven days neglect, to act, they shall forthwith appoint another umpire in his place ; whose award togeth- er 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 in- corporation, 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. 278 eOEP&EATIOIfS. [part I. Chap. 53.' Abstract of re- ceipts. &o., of all joint stock in- corpOTated com- panies to be filed, Ac. Penalty. Insurance cor- porations to niake annual returns to office of Provincial Score tarj'. Acts of incor- porated pier companies, &c., to continue to 31st December, 1876. Not to conflict ■with Canada lavr. 18. All joint stock incorporated companies doing busi- ness in this Province by agents or otherwise shall, once in every year, produce and file in the Provincial Secretary'^s office an abstract of all their receipts, expenditures, profits and losses within the Province ; and, when required by the Governor in Council, such rules, bye-laws, accounts,. and such other of their proceedings as shall be speaified in such requisition. 19. Any such corporate body refusing or neglecting to furnish such abstract or to conaply with such requisition, shall forfeit a penalty of twenty dollars for every month during which such default shall continue. 20. On or before the last day of February in every year a return shall be made into the Provincial Secretary's office by the president, agent or manager of every com- pany, corporate body or agency, doing business as insurers in this Province, of the business of insurance upon lives, against fire, and upon all marine risks done by them respectively between the first day of January and the thirty-first day of December preceding such return, both days being included ; which return shall comprehend the number of policies entered into, the number of policies renewed, the amount insured, and the premiums paid, and in case of insurance against fire, the nature of the proper- ty 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 risks the ports to which the vessels insured belong, where it can be known, and shall also state the capital and other security for the payment of losses, and where the same is situated ; and, in case of marine insurance companies and corporate bodies out of Nova Scotia, whether there is any security or capital with- in the Province for the payment of losses, and the nature, permanency and amount thereof j which returns shall be certified to be true by the president, agent or manager of every such company, corporate body or agency respect- ively ; and every such president, agent or manager ne- glecting to make such return, or knowingly making a false or defective return, shall forfeit two hundred d6Ilars. 21. All acts of incorporation of wharf, pier or break- water companies, heretofore passed by the Legislature of Nova Scotia, whetlier temporary or perpetual, and also all such acts of incorporation hereafter to be passed previous to the session of the General Assembly, in the year one thousand eight hundred and seventy-five, shalFcontinue in force until the thirty-first day of December in that year, and no longer, unless renewed by act of the Legislature. 22. Nothing herein shall be construed to contravene or conflict with any legislation (intra vires) of the Parlia- ment of Canada. title xii.] joint stock companies. 279 / Chap. 54. CHAPTER 54. OP CERTAIN JOINT STOCK COMPANIES. 1. Any five or more persons who desire to form a joint Declaration stock company, and to become incorporated, may make matSn orcom- and sign a declaration thereof, in writing, according to the p""''- form in the Schedule, in which they shall state the names and residences of the subscribers, the number and amount of shares of which the capital stock is to consist, the num- ber of shares taken by each subscriber, the corporate name of the company, not being that of any previously existing company, the object for which the same is formed, the name of the town or place where the business of the company is to be carried on, and the amount of capital to be paid up before the company shall go into operation ; but no company shall be thus incorpoi'ated for banking, sestrictions. insurance, or ordinary mercantile and commercial business ; nor shall any company incorporated under this Chapter engage therein. 2. Such declaration shall be signed in duplicate by the Declaration to . J. fi- • ijulu 1 be in duplicate, parties desirous oi being incorporated, by themselves or how signed, an agent or agents thereunto duly authorized in writing ; and in such case the power of attorney shall, if executed out of the Province, be duly authenticated by a notarial certificate ; and such power of attorney and certificate shall be attached to the declaration ; and the declaration shall in all cases be, and purport to be, executed in the presence of a subscribing witness to each signature ; and one of the duplicates, with the original power of attorney ^'^^ ^ ' attached, shall be filed in the oflSce of the Registrar of Deeds for the county or district wherein the proposed place of business is situate ; and the other duplicate, with a copy of such power of attorney, shall be filed in the oflSce of the Provincial Secretary at Halifax. 3. When the formalities prescribed in the foregoing oncompiiance sections have been complied with, the persons signing such ^oKonsTpartils declaration, their associates and successors, shall be a body to be a body ' . . '- , •' corporate. corporate, by the name therein mentioned, to the same extent as companies incorporated by act of the Legislature, and shall be subject to Chapter Fifty-Three, " Of General Provisions respecting Corporations," except as herein provided. t 4. Before any such company shall go into operation when to go into twenty-five per cent, of the subscribed capital shall be "p*™'"""" actually paid up in cash ; and a certificate thereof, verified by oath of the president and treasurer of the company, shall be filed in the ofiSce of the Registrar of Deeds for the county or district. 280 JOINT STOCK COMPANIES. [PAET I. Chap. 54. 5. Every shareholder shall be liable in his person and LUbUity of Separate estate during membership to an amount equal to shareholders, doubio the stock held by him, deducting therefrom the amount actually paid to the company on such stock, unless he shall have made himself liable for a greater amount by After transfer, becoming surety for the debts of the company. But no shareholder, who may have transferred his interest in the stock of any such company, shall cease to be liable for any contracts of the company entered into before the filing of the certificate of transfer, provided for by. the fourteenth section, so as any action in respect of such liability shall be brought within six months after the filing of such certificate. 6. If the directors declare and pay any dividend when the company is insolvent, or whereby the company is ren- dered insolvent, or which would diminish the amount of its capital stock, they shall be jointly and severally person- ally liable for all the debts of the company then existing, and fbr all debts subsequently created during their tenure of office ; but any director who objects to the payment of such dividend may, before such payment, file with the secretary of the company, and with such Registrar of Deeds, as aforesaid, a written statement of such objection, and shall be thereby exempt from such liability. 7. Whenever the whole capital stock has been taken up, and a majority of the directors of a company, by their votes, resolve and declare that the capital stock of such company is insufficient for the purposes thereof, they may call a general meeting of the stockholders of the company, giving at least thirty days' notice of such meeting, by a written notice, signed by the secretary, and addressed to each of the shareholders or their representatives, and transmitted through the post office, and by advertisement thereof in a public newspaper, published nearest to the place where the company's affairs are transacted, and continued to be so published until the day of meeting. 8. At such meeting a majority of the stockholders hold- ing a majority of the shares in the company, may, by their votes given thereat, in person or by pi'oxy, pass a resolution authorizing the directors of the company to increase the capital stock thereof to such amount as they deem neces- sary for the purposes of the company, the amount where- of shall be expressed in such resolution ; and there- upon such directors may pass a bye-law for the purpose of increasing the capital stock to the amount mentioned in the resolution of the general meeting of stockholders as aforesaid, and for declaring the number of shares into which such capital stock shall be divided, and the time and manner of payment of the several calls to be made for If dividend paid out of capital, directors liable for debts. Directors filing objections exempt. Meeting for in- creasing capi- tal stock, how called, &c. Proceedings thereat. TITLE XII.] JOINT STOCK COMPANIES. 281 the payment of such new stock, twenty-five per cent, at Chap. 54. least of which shall be actually paid up in cash. Twenty-five per 9. Upon the passing of such bye-law all persons who "ent. paid in. desire to become holders of any share or shares of such £uIn%°^ "'"^ new stock, may make and sign a declaration, in which shall beset forth the amount of such new stock; the total contents of de- amount of the company's capital stock, including new""*^""' stock ; the number of shares of such new stock ; the total number of old and new shares of stock. Such declaration shall also contain a column wherein shall be set in figures, opposite to the signature of each subscriber, the number of shares for which he subscribes. 10. Such declaration shall be signed in duplicate, and ^^''^^"^npii- shall be certified and filed rn the ofiice of the Provincial Secretary, and in the county or district registry of deeds office, in the manner mentioned in the second section of this Chapter. 11. The declaration shall not be so filed or certified Not fiieauntii until at least one-half of the new stock has been sub- subscribed. scribed. 12. When the declaration has been so filed the name Names of stoek- of every stockholder contained therein shall forthwith be tabooks^pro"'' entered in the books of the company, as that of a stock- ?«'■'?■ holder, with the date of subscription and number of shares subscribed for ; and, so long as any of such stock remains Remainder of unsubscribed for, any person desirous of becoming a stock- ^p"'''''"^*^''^" holder may subscribe his name to the declaration filed in the registrj'^ office for one or more of such unsubscribed shares ; and the name of such subscriber shall forthwith be entered in the books of the company in manner afore- said. 13. Upon the performance of the several acts mentioned ^^^^^^^^ in the next preceding section, and payment of the instal- ter, new stoot- ments as required by the eighth section, every such stock- mimber''onh6 holder whose name has been subscribed to the declaration, corporation, shall immediately thereupon become a member of the cor- poration, and from thenceforth shall have and enjoy the same rights and privileges, and be subject to the same con- ditions, restrictions and liabilities, to which the original stockholders are thenceforth entitled or liable ; and such new shares of stock shall thenceforth be subject to all the pro- visions of this Chapter relative to such companies, in the same manner as if they had formed a part of the stock ori- ginally subscribed. 14. The bye-laws of the company, and all the amend- Bye-iaws and ments thereof, made therein from' time to time, and the tmed and'efed. names of all future shareholders in the company, and the transfers of all shares, with the dates of such transfers, shall be certified in duplicate by the president under his hand, 282 JOINT STOCK COMPANIES. [PAET I. Chap. 54. Transfer not completed until filed. Declaration required for formation of company by three or more. Liability. Company must go into operation within one year. Proceedings to wind up com- pany if insol- vent, or sus- pended. Court may ap- point a receiver. And make neces- sary orders. Gas and water companies. Not to coniiict with Canada aw. which certificate shall, within one month, be transmitted to the Provincial Secretary's office, and filed in the office of the Registrar of Deeds of the county or district ; and such transfer shall not be complete until such certificate is filed. 15. If three or more parties shall desire to be incorpo- rated for any lawful purpose or business, and shall make, execute, and file a declaration similar to that referred to in the first section, except that no reference need be made to the proposed capital, and shall state therein that they do not seek under such incorporation to become free from personal responsibility, such parties shall thereupon be- come a body corporate, and shall be entitled forthwith to go into operation ; but in that case the members thereof shall be personally liable for all debts and undertakings of the company. 16. No companj' shall become incorporated under this Chapter, or be entitled to the privileges thereof, unless it shall go into operation within one year from the filing of the declaration first hereinbefore referred to. 17. Whenever it shall be made to appear to the [Su- preme Court or a Judge upon affidavit, by a shareholder that such company is insolvent, and that shareholders representing two-thirds of the paid-up capital are desirous of winding up the afi'airs of the company, or that the com- pany has suspended business for a year, or has not com- menced business within a year afier the filing of the said declaration, or upon affidavit of a creditor of the company, that his debt is unpaid, that the company is insolvent, and that one month's notice of the application has been given to the secretary, an order may issue to appoint a receiver, aa in ordinary cases of co-partnership, and thereupon the whole matter shall be referred to a master, with power to cite parties with books and papers to take evidence and report ; and if it shall appear that such company is insol- vent, the Court or a Judge may make calls upon the share- holders to the extent of their liability, for all sums needful for discharging the debts of the company, and the costs of winding it up, and may order payment thereof; and may, if deemed fit, order all suits pending against the company, at or after such application, to be stayed, and may order such a distribution of the funds of the company, and make all such further orders for winding up the company, as may appear just and right, and may dismiss such applica- tion with or without costs. 18. No gas or water companies shall be incorporated under this Chapter within the City of Halifax. 19. Nothing herein shall be construed to contravene or conflict with an}' enactment of the Legislature of Canada on the subject of insolvency, or otherwise. TITLE XII.] JOINT STOCK COMPANIES. 283 Chap. 54. SCHEDULE. Be it remembered that on this ■ day of ■ -, A.D. 18 — , we the iindersigned shareholders have agreed and resolved to form ourselves into a company, to be called " = ," according to the provisions of Chapters 53 and 54 of the Revised Statutes, " Of General Provisions respecting Corporations," and " Of certain Joint Stock Companies,'' for the purpose of ; and we do here- by declare that the capital stock of the said company shall be dollars, which may be increased from time to time, to be divided into shares, of the value of dollars each, and that twenty-five per cent, at least of such capital stock shall be actually paid up before the said company shall go into operation. And we the undersigned stockholders do agree to take and accept the number of shares set by us opposite our respective signatures ; and we do hereby agree to pay the calls thereon, according to the requirements of the said Chapter 54, and of any rules, regulations, or bye-laws of the said company, to be made or passed in that behalf. And we do hereby appoint to be the place for holding the annual and other meetings of the said com- pany. Name. Place of abode. Number of Shares. Amount. 284 incorporated sureties, [part i. Chap. 55. CHAPTER 55. OF INCORPORATED SURETIES FOR OFFICERS. ooSmiSr 1- The Governor may, by Order in Conncil, direct that onnrar°™"ted ^'^®°^''^'' ^^Y public officsr is required to give security compaDy, &o, for the due fulfilment of his duty, or of any obligation undertaken towards the Crovirn, the bond or policy of guarantee of any incorporated or joint stock company, in- corporated and empowered to become the sureties of pub- lic officers in certain cases named by such Order in Council, may be accepted as suc^ security, upon such terms as shall be determined by the Governor in Council. maybT^epted ^- Notwithstanding anything in any act of the Legis- tromother than lature of this Province, passed with respect to benevolent pubho officers. ■ i- i -i t ... . • . i • societies, building societies, or to any incorporated insur- ance company, municipal or other corporation, the bonds or policies of guarantee of any such assurance society, or of any incorporated or joint stock company, formed and empowered for like purposes, may be accepted instead of, or in addition to, the bond or security of any officer or servant of such institution or corporation, in all such cases where, by the provisions of such act, or of any bye-law or rule of such institution or corporation, such officer or servant is required to give security, either by himself or by himself or a surety or sureties, and where the parties directed or authorized to take such security see fit to accept^the bond or policy of any such assurance society or other like company, and approve the terms and con- ditions thereof ; and all the provisions in any such act relating to such security to be given by any such officer or servant or his sureties shall apply to the bonds and policies of guarantee of any such assurance society, or any other such like company, which may be taken instead of, or in substitution for, any existing securities, if the parties, directed or authorized as aforesaid see fit; where- upon such existing securities shall be delivered up to be cancelled. title xii.] library associations, etc. 285 Chap. 56. CHAPTER 56. OP library ASSOCIATIONS AND INSTITUTES. 1. Any number of persons, not less than ten, having Persons mtend- subscribed or holding together not less than one hundred bXyiSa-'' dollars in money or money's worth, tor the use of their in-*f°^°^4°tonta* tended institution, may make and sign a declaration in duplicate. duplicate of their intention to establish a Library Associa- tion, or Institute, or both, as the case 'may be, at some place to be named in such declaration ; in which they shall statements in also state : deotaation. (1.) The corporate name of the institution. (2.) The purpose. (3.) The amount of money or money's worth subscribed by them respectively, or held together for the use thereof. (4.) The names of those who are to be the trustees for managing its affairs. (5.) The mode in which their successors are to be ap- pointed, or new members of the corporation admitted, or in which bye-laws are to be made for such appointment or admission, or for any other purpose, or for all purposes ; and (6.) Generally such other particulars and provisions as they may think necessary, not being contrary to this Chap- ter or to law. 2. One duplicate of such declaration shall be filed in the one duplicate office of the Registrar of Deeds for the county or district He^2°fo?°' by one of the subscribing parties, who shall, before suchDe.ds. Registrar, acknowledge the execution thereof by himself, and declare the same to have been executed bj' the other parties thereto, either in person or by their attorneys. 3. The Registrar shall keep the duplicate so filed, and Eegistrar to give deliver the other to the person who filed it, with a certifi-ha"ngtied , cate of the same having been so filed, and of the execution duplicate. having been attested before him ; and such duplicate or any copy thereof certified by such Registrar shall beprimct; facie evidence of the facts alleged in such declaration and certificate. 4. When the formalities aforesaid have been complied Formalities with, the persons who signed such declaration, or the d ire c-m^bera of in- ters, trustees, or the office bearers and committee for the 'bS;^'i,°°p*^,^t\* time being of any such institution, or united institutions, and their successors shall be a body corporate and politic, and shall have the powers, rights and immunities vested in such bodies by law; with power to such corporation in their corporate name, from time to time to acquire and hold to them and to their successors for the uses of such 286 LIBRARY ASSOCIATIONS, ETC. [PART I. Chap. 56. corporation any messuages, lands, tenements or heredita- ments, situate within this Province. Incorporation of 5. In case of an Institute or Library Association, (or l™ocilMon'"*"both united) already established or in existence, the direc- aiready estab- tors, trustees, or the officc-bearers, for the time being may make and sign a declaration of their wish or determination to become incorporated according to the provisions of this Chapter, stating in such declaration the corporate name to be assumed by such institution or united institutions ; and also with such declaration file, in the manner hereinbefore provided, a copy of the constitution and bye-laws of such institution or united institutions ; together with a general statement of the nature and amount of all the property, real or personal, held by or in trust for such institution or united institutions. Extentofpro- g ^^y LibVarv Association or Institute duly incor- pertyheldby \ i "^ i ■. i j • •■. ^ i_ • x( institutes in porated, and situated in any city or town having three inhabitants. thousand inhabitants or more, may hold real property not exceeding in annual value the sum of two thousand dollars, intownnothav- 7. ^ny Library Association, or Institute duly incor- hatitants'. porated, and situated in any village or town not having three thousand inhabitants, may hold real property not exceeding in annual value the sum of one thousand dol- lars. In otiier cases. g. In cascs uot mentioned in the two next preceding sections, the yearly value of real property to be held by any such corporation shall never exceed four hundred dollars. Affairs of corpo- 9. The affairs of every such corporation shall be by dSeotoreor managed by the directors or trustees thereof for the time trustees. being, appointed as hereinafter, or by any bye-law of the corporation provided, who, or a majority of whom, may ex- ercise all the powers of the corporation, and act in its name, and on its behalf, and use its seal, subject always to any provisions touching the exercise of such powers in the de- claration aforesaid, or in any bye-law of the corporation. Making of bye- 10. Such trustces or a majority of them may make bye- laws binding the members and ofiScers of such corporation, and all others who agree to be bound by them, for all pur- poses relative to the affairs and business of the corporation ; except as to matters touching which it is provided by the declaration that bye laws shall be made in some other manner. Election of oiH- 11. The members of every such corporation may, at oers.sc. their auuual meeting, to be held on the day appointed by a bye-law of the corporation, choose from among themselves a president, and may appoint (except it be otherwise pro- vided in the declaration and bye-laws), a librarian, trea- surer, secretary, lecturer, and such other oflScers and TITLE XII.] LIBRARY ASSOCIATIONS, ETC. 287 servants of the corporation as are required, and when Chap. 56. necessary fix and pay their remuneration, and may also -~ choose a board of directors and trustees of such corpor- ation, who shall hold office for one year or such further time as may be hereafter limited or permitted. 12. A failure to elect trustees on any day appointed for Election of trus- that purpose by the declaration or by any bye-laws shall °^' not cause the dissolution of the corporation ; but the trustees then in office shall remain in office until their suc- cessors are elected, which may be (if no other provision be made therefor by the declaration or bye-laws) at any meeting of the members of the corporation, at which a majority of such members are present, in whatever way such meeting may have been called. 13. Every such corporation may by its bye-laws impose viae for contra- a fine, not exceeding four dollars, on any member \contra- ™°'°®''^^"'''''^' vening the same, or on any person not being a member of the corporation, who has in writing agreed to obey the bye-laws for the contravention whereof it is imposed. 14. Any such fine, if incurred, and any subscription or Heoovery of fines ,1 p 1*1 u 1 1 and subacrip- other sum of money which any member may have agreed uons. to pay to the corporation for his subscription to the funds of the corporation for any certain time, or for the loan of any book or instrument or the right of entry to the rooms of the corporation, or of attending any lectures, or for any other privilege ojp- advantage aftbrded him by such corpora- tion, may be recovered by the corporation by action in any court having jurisdiction in civil matters to the amount, on allegation and proof of the signature of the defendant to some writing by which he has undertaken to pay such subscription or to obey such bye-law, and of the breach of such undertaking, which breach- as regards a promise to pay any sum of money shall be presumed until the con- trary is shown, and as regards the contravention of any such bye-law may be proved by the oath of any one credi- ble witness. 15. In any action to which the corporation may be a ^"^,'""7 ™^' °* party any member or officer of the corporation shall be a members com- competent witness, and a copy of any bye-law bearing the ^^.™ ^°^^^*. signature of the defendant or bearing the seal of the cor- iaws.^™° ° ^^" poration and the signature of some person purporting to have affixed such se=il by authority of the corporation, shall be prima facie evidence of such bye-law. 16. Any fine incurred may be recovered in like man- Eeooveiyofflnes. ner as a subscription or other sum of money ; and all fines so recovered shall belong to the corporation for the use tVioronf Corporation may inereoi. _ , , . , be at same time 17. Any such corporation may it so stated in the >i«>tit'ite and ii- declaration be at the same time an Institute and Library tioZ*^^°°'*' 288 MUNICIPALITIES. [PART I. Chap. 57. Association or either of them, and their business shall ■ accordingly be the ordinary and usual business of a Library and Scientific Institute or of a Library Association, or both, as the case may be, for the proper and convenient carrying on of such business or objects, and their funds and pro- perty shall be appropriated and used for purposes legiti- mately appertaining to such business and objects, and for no other. TITLE XIII. CHAPTER 57. OF MUNICIPALITIES. Desire to be in- corporated, how testified, &c. Meeting. Votes. Meetings, open. Keturn, when 1. Any county may have the benefit of municipal government; and the desire of a county to be incorporated hereunder shall be ascertained and testified in manner following : If one hundred persons, certified by two justices of the peace to be freeholders, shall present a requisition to the Sheriff to that efi'ect, he shall name a day and place for holding simultaneously a meeting in each electoral district in the county, and shall appoint a presiding officer and clerk of each district ; of which meeting notice ten days previously shall be given in three of the most public places of each district, by printed handbills with a copy of the petition affixed, setting forth the object. The Sheriff and presiding officers shall, at the time and place appointed in each electoral district, convene the meeting and receive the votes for or against the county incorporation, to be given by the persons present qualified to vote for members of Assembly, resident within the dis- trict, the names of which voters and their votes the clerk shall take down in writing. The meetings shall be held from nine o'clock in the morning till three o'clock in the afternoon, when the meetings shall be closed, and the presiding officer shall seal up the list of voters, and their votes, and return the same to the Sheriff". The return shall be publicly opened and counted by the Sheriff" in the presence of the Clerk of the Peace, on a day and at a place to be previously appointed, and a majority of the whole votes shall decide the question. TITLE Sm.] MUNICIPALITIES. 289 The Sberiff shall return the result to the Governor in Chap. 57. Council; if in favor of incorporation, the Governor by Eetum, how proclamation shall declare the county to be incorporated ""ted upon, under this Chapter ; unless just grounds to impugn the legality and fairness of the proceedings shall be shewn to the satisfaction of the Governor in Council ; in which case the proclamation may be withheld until examination into the legality of proceedings can be had, and the Governor in Council shall ultimately decide accordingly as the regu- larity and fairness of the proceedings or the reverse shall be established. The Sheriff shall receive eight dollars, the presiding s'ees. officers two dollars each, and the clerks one dollar each, in full for their services, to be paid by the county or district. The proceedings may be renewed at any period not less Proceedings, than twelve months from any rejection of incorporation. ^''™'^™^^'"'' 2. The inhabitants of every county incorporated under county incorpo- this Chapter shall be a body corporate, under the name of™** ' the Municipality of , and shall have perpetual succession and a common seal, with power to break, renew or alter such seal at pleasure, and shall be capable of suing and being sued, of pleading and being impleaded in all courts and places whatsoever, of purchasing, acquiring and holding lands and tenements and other real and per- sonal property within such municipality, for the use of the inhabitants thereof in their corporate capacity, and of making and entering into such contracts as ma}' be neces- sary for the exercise of their corporate functions; and the powers of the corporation shall be exercised by and through and in the name of the municipal council of such county. 3. The council shall consist of a warden and council- Couneu, what to lors ; the warden to serve for one year, and the councillors after the first election for two years, and until their suc- cessors shall be sworn into office. 4. The first election of councillors shall be held on the Time of eiec- third Tuesday of November, and shall be conducted by the Sheriff and porsons named by him ; all succeeding general elections shall be held on the third Tuesday of November in each year, and shall be conducted by presid- ing officers named by the councils. The elections shall take place in and for each of the ^^^^f'J^[,j,. electoral districts laid ofi^ for the election of members to cui'ors returned. serve in General Assembly ; and each district shall return two councillors, except when otherwise provided in the Schedule A. hereto annexed ; and the election shall take place in and for the several districts comprised in that Schedule as therein directed, in the same manner as if the said Schedule were incorporated in this Chapter. 19 :m MUNICIPALITIES. [part I. Chap. 57. What districts to be considered as separate counties. K"otices of elec- tions; presiding officers. Notices, liow supplied. Division of coun- cillors. Time of election of councillors composing each section. Election, how conducted. Casting vote. For the purposes of this Chapter the districts of Saint Mary's, in the county of Guysborough, and Biirrington in the count}' of Shelburno, the townsliip of Clare, in the county of Digby, and the township of Argyle, in the county of Yarmouth, shall be treated as separate counties and in- corporated accordingly. And the court houses at Bar- rington, Sherbrooke, Tusket and Clare, shall be used as county court houses in those districts respectively for the purposes of this Chapter. 5. It shall be the duty of the Sheriff in the case of the first election, arid of the presiding ofiScers in future elec- tions, to give at least ten days public notice, in writing, of the times and places of holding the election, and post the same in three of the most public places in each district: and the Sheriff and persons appointed by him shall preside at such first election, and persons appointed by the council shall preside at future elections. It shall be the duty of the municipality clerk to supply the presiding ofiRcers with the notices after the first elec- tion. 6. Soon after the first election the councillors shall be divided by the council into two sections, to be distinguished by lot number one and two, the members of which begin- ning with section number one shall go out of office in each alternate year. In forming these sections the councillors for districts returning two or more shall be apportioned between the sections. 7. On the third Tuesday of November, in the year next following that in which the first election shall be had, and on the same day in each succeeding year, an election shall be held of the councillors in one section, beginning with number one, and proceeding in all future annual elections in regular alternation : the members returned at each election shall be entered on the list of the section previous- ly occupied by the members then vacating office : council- lors going out of office ma}' be re-elected. 8. Every election shall commence at nine o'clock in the morning. No candidate shall be proposed after twelve o'clock ; at any time after that hour the poll may be closed by proclamation if no vote be polled within the hour, and the poll shall not be continued later than five o'clock in the afternoon. At the close of the poll the presiding officer shall proceed, publicly, to declare the number of votes given for each candidate, and shall proclaim the person having the majority of votes to be duly elected, and sura- mon him to attend on the second Tuesday of December following, at the county court house. If there shall be an equal number of votes, the presiding ofBcer shall give a casting vote, aod so determine the election. TITLE Xm.] MUNICIPALITIES. 291 The presiding officer and his clerk shall then and there Chap. 57. publicly subscribe the poll list and seal up the same, and pomisttobe — the presiding officer, within two days after the close of the ^'enedand election, under the penalty of four dollars for each day's delay thereafter, shall make return in writing ot the coun- cillors elected, together with the poll list, the seals having been unbroken, at the first election to the Sheriff, and at subsequent elections to the municipality clerk : and such poll list, after having been published as hereinafter provided, shall be open to the inspection of every member of the corporation. 9. The proclamation and summons of the presiding Notice to ooun- officer shall be notice to every councillor elect, present in"' °^^' person or by an authorized agent or clerk : councillors elect, not so present, shall be immediately after the elec- tion, notified and summoned by tlie presiding officer. 10. Before t^ie presiding officer shall allow any votes to Presiding offi- be polled, he, and the clerk he may employ, shall take the bTswoin.*'^''^"' oath in the schedule annexed before a justice of the peace or two electors, and tliey shall certify such oath in the poll book for tho election. 11. No person shall vote except in the district in which Elector, where 1 • 1 to vote. be resides. 12. Municipal electors shall have the same qualification. Elector, quaiifi- and be liable to the same objections, questions and daths,™'°° *"^' as electors for members of Assembly shall at the time by kw be required to have, and be subject to ; and the objec- tions shall be taken and questions and oaths put and administered as the law regulating elections of members- of Assembly shall require. 13. No person shall be qualified to be elected or serve oouncuior, quai- as councillor who shall not at the time of the election be possessed of the same qualifications as are required in the case of members of the House of Assembly. 14. None of the following persons shall be elected a Persons disquaii- councillor, or be appointed to office by any council ; nor shall any person continue to act as councillor, or hold any office under a municipal council, after becoming one of the persons disqualified as follows : I. Persons iu holy orders, or ministers or teachers of any religious sect or denomination ; but this restriction shall not extend to school commissioners. II. The Sheriff". III. Any person having a contract, or share or interest in a contract with the municipality. IV. Any person receiving a pecuniary allowance from the municipality for his services in any office other than that of warden or councillor. 292 MUNICIPALITIES. [PART I.' Chap. 57. 15. The following persons shall be exempt from being Persons exempt- elected councillor or serving in any municipal oflSce, unlep ed. with their own consent. I. Justices ot superior courts and of probate. II. Members of the Executive and Legislative Councils, members of the House of Assembly, schoolmasters ac- tually engaged in teaching ; any miller who shall be the only one employed in a mill ; persons more than sixty years of age. III. Persons who have served as councillors or in any municipality office, or paid the penalty for refusing, shall be exempt during the four years next after such service or refusal. Warden, quaiifi- 16. At each annual election, including the first, the electors may vote for a warden from among the body of inhabitants resident within the municipalit}', and qualified as is required for a councillor ; and the Sheriff, at the first election, and at subsequent elections the presiding officers, shall return under seal the votes given for warden in each district, when they make return ot the councillors elected, Heturn of votes 17. On the first meeting of the council following each orwar en. annual election, the council shall ascertain the votes given How elected, for warden in all the districts ; and a,ny one person having a majority of the whole number of votes given for warden shall be warden for that year ; and he shall take the oaths of office, and also, if he shall not be a councillor already sworn in, the oath of qualification, and shall have all the authority of a councillor while warden, and be liable to a like fine for non-acceptance of office, or not qualifying, in.oasenoma- 18. In caso no persou shall have a majority of the dranotquau- whole votos given for warden, or being so elected shall not *^^' qualify and serve, the council shall choose by a majority of votes from among themselves or from among the inhab- itants, at their discretion, a warden duly qualified. Duration of of- 19. The Warden shall hold office for one year, and **■ thereafter until his successor be appointed, but he may be When vacancy re-elected. Whenever a vacancy occurs during the term occurs. pf Qfgce^ by death, resignation or otherwise, the counci- shall, at its first meeting thereafter, proceed to elect u warden for the remainder of the term ; during the tem- porary absence of the warden, his place may be filled by a chairman for the time being, with all the authority of the warden, chosen by the members present. atTiectS**^" '^^' ^'^^ presiding officer, at an election of councillors, power of. ' during the time of such election, shall be a conservator of the peace, and shall be invested with the same powers fur the preservation of the peace, the apprehension, committal, holding to bail for trial, or trying or convicting ofTeuders, as are vested in justices of the peace in this Province ; and TITLE SIII.] MUNICIPALTTIES. 293 for the purpose of preserving peace and good order, all Chap. 57. justices of the peace residing in the district shall attend at ^' the election, upon being notified in writing by the presi- ding officer ; and such officer may command the assistance of all justices, constables and other persons present at the election, and may swear in as many special constables as he thinks fit: he may commit any person — for a breach of the peace, or for molesting or threatening any elector, at or coming to, or returning from, the election, or for any v,io- lation of good order — to the custody of any constable or person present, on view, for such time as he deems expe- dient ; or may, by writing under his hand, commit the of- fender to the common jail of the county for "any period not exceeding ten da3's ; and any justice of the peace or other person present at the election who shall neglect to aid or assist the p^jesiding officer during such election, when re- quested by him, shall be deemed guilty of a misdemeanor, and be punished accordingly. 21. No person who maybe elected a councillor shall counouiorsmust act in that capacity until he shall have taken and sub- legknoe. scribed, before a justice of the peace for the county, or the Sheriff, in the case of ttie first election, and in case of sub- sequent elections, before the warden or municipality clerk, the oath of allegiance to Her Majesty, and also the oath of office and qualification, ^uch oath shall be taken and subscribed by each councillor, duly qualified, at the first meeting of the council after his election, or otherwise within ten days after notice of his election ; and, in de- fault thereof, such person shall be deemed to have refused to accept the office of councillor, and shall be liable to pay the municipality clerk such fine, not exceeding forty dol- lars, nor less than twenty dollars, as the bye-laws of the council shall prescribe ; provided that no person elected a Exemption councillor shall be subject to a penalt}'^ for not taking the ™™i'™* ^■ I'equired oaths if he be not qualified, which fact he shall be required to verify on his own oath, before a justice of the peace on first election, and before the warden or muni- cipality clerk on subsequent elections. 22. In case of the death or resignation of any council- ejection otcoun- f ii • • i-i oiUorincaseot lor, or his permanent absence from the municipality, or vaomcy. absence for more than six months, or incapacity after elec- tion, or refusal to accept office, or neglect to be sworn, the warden of the county shall issue a warrant, under his hand and seal, to the presiding officer, requiring him to call a public meeting in the district to elect some other person to fill the vacancy, and such election shall be conducted in the manner prescribed in this Chapter for holding elec- tions ; but no warrant shall issue for an election to supply a vacancy within three months before the annual election. 294 MUNICIPALITIES. [PART I. Chap. 57. 23. On the second Tuesday of December, after the first Organization of election, the Sheriff and the councillors elect shall meet at council. the county court house ; and the Sheriff, having produced tlio returns of the presiding oflScers, and the seals being then and there broken, and the returns examined, and the councillors elect having been sworn into office, the council shall be organized and proceed to business. Time of meeting £4. On the secoud Tuesdav of December, after the an- flft-Gl* first VGEiV nual elections in all subsequent years, the municipal coun- cil and the councillors elect shall meet at the county court house, and the municipality clerk having produced the returns of the presiding officers, and the seals being then and there broken and the returns examined, the council- lors elect shall be sworn into office. Quorum. 25. A majority of the council shall be a quorum for the transaction of business. A smaller number nray adjourn „ . from time to time, and absent members may be compelled Members com- ' i-niii peiiedto attend, to attend Under such penalties as may be provided by bye- Questions, iiow law of the council. All questions arising in the council decided. shall be docided by a majority of votes ; and the warden or temporarj' chairman shall have a right to vote. Number o£ 26. There shall be two established meetings ot the SchyeSr.™ couucil iu each year : the first, herein designated the an nual meeting, shall be held at the county court-house on the second Tuesday of December ; the second, herein designated the half-yearly meeting, shall be held at such place as the council may appoint, on the last Tuesday of April. Extra meetings, 27. Besides such regular meetings, the council may notice of. meet as often as expedient for the despatch of business, at such time and place as they may appoint. Public notice shall be given of the time and place of each meeting of the council ; and all meetings shall be open and public. The council shall have power to adjourn, and to appoint committees to act during the session and recess. If any council fails to meet at any time appointed by law, they shall not thereby be deemed to be dissolved, but may hold future meetings as if there had been no failure. Cleric and trea- 28. Each council shall appoint a clcrk and a treasurer, mentof^^'"' who shall respectively perform the duties now exercised by the Clerk of the Peace and County Treasurer, as far as the same come within the scope of the corporation and of this Chapter ; and the council shall prescribe the duties of such officers, and the security to be given for the faithful performance thereof. Duty of clerk. 29. The general duty of the clerk shall be to record in a book all the proceeding^ of the corporation, make regu- lar entries of all resolutions and decisions, and if required by any member present, to enter the votes as given, and- TITLE Xni.] MUNICIPALITIES. 295 to preserve and file all accounts, and to keep the books, Chap. 57. records and accounts of the corporation, which shall be open, without fee or reward, to the inspection of all per- sons at all seasonable times and hours. 30. The treasurer shall be appointed annually. It shall ^"^r °"'^''' be the duty of the treasurer to receive and safely keep all moneys belonging to the municipality, or which he shall be appointed to receive, and keep and pay out the same to such persons and in such manner as he shall be directed to do by any lawful order of the municipal corporation, or by any law of the Province, and strictly to conform to and obey any such law or any bye-law lawfully made by any such municipal corporation, and faithfully to perform all such duties as may be assigned to him by an}' such law or bye-law ; and every treasurer shall annually give such security for the faithful performance of the duties of his office, and more especially for the due accounting for, and paying over all moneys which shall come into his hands by virtue of his office, as the municipal corporation by which he was appointed shall direct. 31. The council shall make such b^'o-laws or regulations council to make as to the duration of the office of the clerk, as to them shall tJ cierk's'o'ffic&* seem fit. 32. The council shall make such bye-laws or regula-Rameastonum- tions as to the number of offices to be held by one '''"'°"^'=''''"^- person, as to the holding of offices by partners of munici- palitj' officers, and as to officers having an interest in any work undertaken for the municipality, as to them shall seem fit. 33. A warden or councillor may resign his office at any Eesignation and time by a declaration to that effect under his hand, and on ^""^ payment of a fine of forty dollars. Th-e warden or councilloi elected to fill an occasional Duration of office vacancy, shall hold office for the residue of the term of the °' ^''"^™- person whom he succeeds, and no longer ; but he shall be capable of re-election if qualified. 34. The council shall have power to make, and from Formation of time to time alter, such rules and regulations as may be '^^'^''''^^' requisite for the conduct and good order of their proceed- ings, and such bye-laws touching any matters within their authority as they may judge proper. 35. The council at their first meeting in each year, or as Auditors, an- soon after as practicable, shall appoint two persons to be ^SlliSkjnf'&c. county auditors. No person shall be appointed auditor Avbo is a member of the municipality council or one of the officers, or who was a councillor or officer at any time within a year previously, or who shall, directly or indirectly, by himself or partner, have any share or interest in any con- tract with the municipality council, or any employment 296 MUNICIPALITIES. [part I. Chap. 5T. Auditors, duty of. Authority of auditors. under them. No municipality auditor shall act as such unless he shall have the qualification required for a coun- cillor, and shall have previously made and subscribed the oath of office and qualification. 36. It shall be the duty of the municipality auditors to examine and audit the accounts of the treasurer, and all other accounts of the council or corporation, or in which the municipality'' is concerned ; and it shall be the duty of the council to refer to them all such accounts, and their duty faithfully to report thereon without needless delay. 37. The municipality auditors shall have authority to call for all books and vouchers they may deem necessary for elucidating any account laid before them. No account shall be allowed or passed by the council until the same is audited and reported upon by the municipality auditors ; and all audited accounts shall be open at all reasonable times to the inspection of any elector of the municipality. 38. The warden and councillors shall be paid, that is to say : the warden by a salary to be established by the coun- cil, and the councillors according to their actual attend- ance, at such rate as the council by bye-laws shall deter- mine, not to exceed one dollar per day, and travel at the rate of five cents going and returning per mile. 39. The clerk shall keep an exact account of the attend- ance of councillors at every meeting. 40. The warden and councillors shall respectively be liable to such fines for non-attendance or other neglects, as the council by bye-laws may appoint, of which the clerk shall keep a correct account ; nor shall any of them be authorized to receive any payment for salary or fees until such fines as may stand against them are deducted. 41. On the first meeting of the council, after each an- nual election, or as soon after as may be convenient, the council shall vote for each poor district the sum they shall judge necessary for the support of the poor in that district and the purposes enumerated in Chapter 33 " Of the Settle- ment and Support of the Poor," and shall appoint overseers of the poor for the existing poor districts, until such exist- ing poor districts shall be altered by the council, which districts they have power from time to time to alter, if they shall see fit to do so. Council to exer- 42. The overseors of the poor shall account to the grlndju^^ees-^ couucil iustcad of the sessions ; and the council shall ex- sipns.&caa ercise the functions given bv such Chapter 33 to the grand given by chap- . , ^. °jij^-i ■ ° j ters33and34. jury, towu meetings and general and special sessions, and to the sessions by Chapters 33 and 34, and shall hear and determine appeals, and in all particulars shall carry out the objects of those Chapters as nearly in conformity with the mode thereby directed as shall be consistent with this Chapter and the incorporation thereunder. Salaries of war- den and coun- cillors. Attendance. Fine for non-at- tendance. Vote for the poor, overseers, &c. TITLE XIII.] MUNICIPALITIES. 297 43. In the exercise of the functions, and the carrying Chap. 57. out of the objects stated in the next preceding section, committees, tor- and also in any other matters exclusively relating to town- mation of. ships or special districts, and which have heretofore been managed by township or district ofBcers, and under town- ship or district authority, the municipality may appoint, for carrying into effect and managing the same, committees of their own body, comprising councillors returned from such townsliips or districts, which committees may meet from time to time, and shall specially attend to and regulate the affairs of those townships or districts under the super- vision, direction and control of the council, and subject to their orders and revision, and liable to be superseded at their pleasure. 44. The municipalities may vote, assess, collect, receive, power of muni- appropriate, and pay, whatever moneys are required for oipai't'es. purposes named in the twentj'-first Chapter, and shall have all the powers and authority which, when this Chapter shall go into operation, may be possessed by the grand jury and sessions under that Chapter, and shall carry out the objects of that Chapter as nearly in conformity with the mode it directs as shall be consistent with this Chapter and the incorporation thereunder. 45. The municipalities, for raising the moneys required Appointment ot under such thirty-third and twenty-first Chapters, and ^^'s^^sors. which may be required for any other township, district or county purposes, shall at the annual meeting in December, appoint a suitable number of assessors and collectors, and prescribe their duties and allot their limits within which to act. Casual vacancies shall be filled by the council, if casuai vaoan- such vacancies occur within a month before either regular '"^'' ''"^ ^^'*" meeting of the council, otherwise by the councillors for the electoral district or districts within which the assessors or collectors were limited to act. 46. The treasurer, overseers of the poor, assessors, nm^ation of of- coUectors, and other officers whose term of office is not by ass^ssorrA""^*^'" this Chapter, or shall not be by bye-law of the corporation otherwise determined, shall hold office from the time of their appointment, or from the time by the council fixed for its commencement, until the first annual meeting in December next after, or until their successors be appointed. 47. The municipal financial year shall end on the pi„anoiai year, thirtieth day of November ; and all accounts of the several when ended. officers, and of the municipality, shall be audited, ex- amined, determined upon, and passed, as far as possible, at the first annual meeting in December. 48. At the half-yearly meeting in April the road moneys Bead moneys, granted by the Legislature shall be apportioned to the ex- distribution oL tent and upon the principles which the Legislature may duties of. 298 MUNICIPALITIES. [PAET I. Chap. 57. ^''^"^ ti™e to time direct and approve ; commissioners for Appaintment of ^^^ expenditure thereof shall be appointed, and any other commissioners, appointments and business attended to. Appropriation 49. At the Same meeting the council shall transmit to sSreta^f° the Provincial Secretary a full and e.xact list of the appro- priation of the road moneys granted by the Legislature, with the commissioners' names. commisfloners, 50. The commLssiouers shall lay out the money and make account of the expenditure, as the law now does, Qr hereafter may require ; but their accounts, instead of being attested before ajustice of the peace, shall be audited and sworn to before a councillor resident in the district where the work may be performed, or, if none shall be resident therein, a councillor resident in an adjacent district ; and such councillor shall certify the account as approved under his band. The commissioners shall draw for the money, and their accounts shall be audited and paid at the Provin- cial Secretary's and Treasurer's offices, as is now done. Account of com- 51. The commissiouers sliall immediately return a du- plicate of their account to the municipality clerk; and the council shall, at the annual meeting in December, examine these accounts, and return a full abstract to the Provincial Secretary. Account, further 52. If auv occasiou shall induce the council to iudge a further examination of any account to be necessary, they shall refer the same to the municipality auditors, to whom the commissioners shall make explanations ; and the audi- tors shall report thereon to the council before the half yearly meeting in April. School commis- 53. The couucil shall appoint a board or boards of nwnfof.^^^"'"* school Commissioners in place of the boards which may be acting at the time this Chapter shall go into operation ; the members severally to hold office during the pleasure of the council. Tlie board of school commissioners shall ap- point their own clerk, and, in addition to the returns required by law, shall make a full account of their appro- priations, expenditures and proceedings to the municipal- ity clerk, at such times as the council may order. "The municipality clerk shall immediately place the returns in the hands of the auditors, who shall examine and report thereon to the council at their next general meeting; and the council shall examine and adjudicate on the same. Municipauty 54. Each municipality shall have authority for the hSl'&c.'"'"' purchase, acquirement and management of all such real and personal property within the municipality as may be required for purposes of the corporation, and the sale and disposal of the same, when no longer required ; and for the superintendence and management of all the property of the municipality, and for the erection, preservation and missioners. examination of. TITLE Xni.] MUNICIPALITIES. 299 repair of the municipality courthouse, jail, lock-up houae, Chap. 57. town hall, and all other buildings required by or being upon any land belonging to the municipality as a corpora- tion ; and shall have and possess all powers given to the sessions by the twenty-third Chapter ; and the protection, care and management of municipality property, and the title, powers and authority of the grand jury, sessions and ^ trustees, under the fifty-eighth Chapter. 55. The municipal councils shall appoint a sufficient Pound keepers, number of pound keepers, fence viewers, overseers of the &o°°appoSent highways, road surveyors, and of such and so many officers penaWra 'ic^' as may be necessary for carrying into effect any of the pro- visions of this Ciiapter, or of any act of the Legislature, concerning any of the subjects placed under the jurisdic- tion of the councils, or of any bye-law of the municipality ; and in like manner to displace any of them and appoint others in their room, and to add to or diminish the number of them as often as the corporation shall see fit, and to regulate their powers and the limits wherein they shall be exercised ; and shall regulate and prescribe the duties of all officers acting under the authority of the corporation, and the penalties of their making default in the perform- ance of such duties, and shall settle the remuneration of all such oflScers, in all cases where the same is not settled by act of the Legislature, and the providing for the payment of the remuneration which, by act of the Legislature, or by the bye-laws of the municipality, may be provided for such officers ; and shall regulate the bonds, recognizances or other securities to be given by such officers for the faithful discharge of their duties; the penalties for refus- ing to serve in any office, and for the infringement of any bye-law of the municipality. 56. The municipal corporation shall have the appoint- Bo^rtiot health, ment of health officers, health wardens, and health inspec- *pp°" '°®'' tors, and a board of health, with the authority and powers given to justices in general or special sessions by the twenty-ninth and thirtieth Chapters. 57. The municipal corporation shall also make regula- EaWd animals, tions for protection against rabid animals, and the des- truction of noxious animals, and for exercising the author- ity and powers given to justices in general and special sessions by the thirty-first and seventy-fourth Chapters ; also for the preservation of useful birds and animals, and Preservation of the regulation and protection of the river fisheries, and for ffe™*"** *^''®" exercising the powers and authority of general and special sessions under the seventy-third Chapter and under Chap- ter 95 of the Eevised Statutes, Third Series. 300 MUNICIPALITIES. [PART I. Chap. 57. 58. Also for preventing damage by setting fire to Setting fire to woods, felled troes, underbrush, and on bog and marsh woods, removing ]ands ; also, for removing obstructions from rivers, and for from rivers, &c. regulating tlio bringing down of logs, timber and lumber on rivers, and for exercising the powers of the grand jury and sessions under the sixty-sixth Chapter. Fires, reguia- 59. The couucil sliall make orders for the prevention tions concerning : -i ' v n i i. • i. t. firemen, 4c., ap- and suppressioD 01 tires, regulating stoves, stove pipes, pomtmentof. flQeg, fumaces, ovenS, and the safe keeping of ashes, and shall appoint firewards, firemen, fire constables, and engine men, and shall exercise the authority and powers of the general and special sessions under the sixty-second Chap- ter, and shall make orders for the prevention of the un- necessary and wanton discharge of fire arms and fire works. Council to have 60. Also, the municipal counoil shall have the power giren to'sesslons givou to general or special sessions under, and shall make cha^tera'*'" orders for carrying into efi'ect, the sixty-seventh, the sixty- eighth, the sixty-ninth, the seventieth, the seventy-first, and the seventy-second Chapters ; and so much of the one hundred and forty-seventh Chapter of the Revised Statutes, (Third Series,) as relates to preventing trespasses by liorses and oxen and other animals going at large. Acts of clerk of 61. The acts required in the sixt3--seventh Chapter to pH-fSId!' ''""'^ be performed by the clerk of the licenses and by justices of the peace, shall be done by the clerk of the corporation and two councillors, unless otherwise ordered by any bye- law or order of the council. Acts of t wn ^^" ^^^ ^^^^ required in the sixty-eighth Chapter to be cierii, how per- performed by the town clerk, shall be done by any officer formed. ^^ person authorized by the council; and a municipal coun- cillor shall exercise concurrent authority with a justice of the peace under that Chapter. Chapters 1S9, 160 63. This Chapter shall not interfere with uor affcct the Series) not a't- jurisdiction Created under the one hundred and fifty-ninth, fected. Qjjg hundred and sixtieth, and one hundred and sixty- second Chapters of the Third Series of the Revised Statutes. Warden to have 64. The Warden while in ofiice shall ex-officio be a ju™ceo7thr justice of the peace in and for the county, and shall have peace. within the municipality all the powers and jurisdiction, as well civil as criminal, which belong to that office ; and as well the warden as in his absence any councillor shall have power to administer oaths and affirmations concern- ing accounts, and other matters which shall be submitted to the corporation, or shall concern the same. Grand jury and 65. The grand jury and sessions, or the justices in quTred to'melt. session, either general or special, shall not be required to meet for any purpose for which, by law, they are now required to meet in any municipality ; but nothing in this TITLK XIII.] MUNICIPALITIES. 301 Chapter shall be construed to take from justices of the Chap. 57. peace their_ power as conservators of the peace, or to im- Powerofjusticea pair or abridge the criminal jurisdiction they possess by "^^Jj^^g^"® °°' common or statute law, or their authority over offences partaking of a criminal nature given by any law of this Province or of the Dominion of Canada, nor the power to administer oaths, nor any power belonging to the oiSce of justice of the peace, which is not taken awaj' by this Chapter, either expressly or by necessary implication. 66. The powers and authority of the council shall also Powerand extend to the following objects : oiunou!^" I. The laying out of new roads, and the making, main- Eoads. taining, or improving of any new or existing road or street, or for stopping up, altering, or diverting the same, not being a great road, subject however to the provisions of the law, and the restrictions and protection to private rights contained in the forty-fourth chapter, and subject to the rights of the Crown and the Province in public property. II. The appropriating and apportioning road money Eoadmonej'. granted b}' the Legislature, to be laid out in the munici- pality by the municipal authority, and appointing com- missioners for its expenditure, and the accounting therefor to the government. III. The directing and enforcing the performance of statute labor. statute or highway labor, and the expenditure of the com- mutation money for highway labor and all the powers of the sessions and of the justices of the peace under the fortj'-sixth Chapter ; and the returns therein directed shall be made to the council or their clerk, or as the council may order. IV. The division of the municipality into road districts, Road districts, and the appointment of a superintendent of roads in each " ^'^' with such powers as regards the roads and bridges, and the expenditure of provincial and municipality money, and statute labor therein, as the council shall see fit to confer; and the erection, preservation, and repair of any new or existing bridges; the protection of timber, stone, sand or gravel, or any appropriation for roads or other public propertj', and the sale of such timber and other articles. y. The support of the poor by municipality, township, poor. or district organization, and the erection and maintenance of municipality, township, or district poor houses. VI. The making orders for carrying into effect the law, intoxicating as it may from time to time exist, concerning the manufac- ^"luors. ture, importation, and sale of intoxicating liquor, and the providing payment for expenses that may be incurred in relation to that object. 302 MUNICIPALITIES. [PART I. Chap.- 57. Ferries, wharves, &c. Assessment. Collection of assessment. Proviso. Salaries of offi- rers. Eeturns of asses- sors ; expenses of elections. Presiding offi- cers at elections. Contested elec- tions. Prevention of vice. VII. The regulating ferries, public wharves and hnd- ■ ings, and the establishment and regulation of markets and fairs. VIII. The providing means for defraying such expenses connected with the administration of justice as require to be defrayed out of the municipality funds ; the providing for the establishment and support of schools and hospitals ; and the erection of school-houses and hospitals, the raising, assessing, levying, and appropriating all moneys that may be requisite for carrying into effect the objects for which the council are empowered to act or to make bye-laws such moneys to be raised by rates to be assessed on real and personal property, or the owners or occupiers thereof IX. The collection and accounting for, of all tolls, rates and assessments of the municipality revenues: but no moneys shall be voted, nor any salaries determined upon, except at one of the two regular meetings, or an adjourn ment thereof, unless the public service may require a deviation from this rule ; in such cases, as also in cases of adjourned meetings, every member of the council shall have notice of the meeting and its objects. X. The making of all contracts relative to matters un- der their control, which contracts, after having been duly considered by the council, shall be signed by the warden, and countersigned by the county clerk. XI. The determining what officers it may be expe- dient to pa)'; fixing the amount of the salaries, fees, and remuneration, where not fixed by this Chapter, and the time and mode of paying them. XII. The returns of assessors and collectors, with a view to the general business of the municipality. The expense of municipal elections and the mode of remuneration. XIII. The appointing of presiding officers for conduct- ing municipal elections, the times, places, and mode of election, and the times, form and manner of the presiding officers' returns, as far as may not be specially directed by this Chapter. XIV. The making of rules and regulations for the trying contested elections of members of their own body, and the trying of such contested elections. XV. The enforcing of the due observance of the Lord's day ; the prevention of vice, drunkenness, profane swearing, obscene language, and any other species of immorality or indecency in the public streets and roads, and for preserving peace and good order in such streets and roads, and in public places or taverns ; for preventing the excessive beating or cruel and inhuman treatment of ani- mals ; for preventing the sale of any intoxicating liquors to Indians, children, apprentices or servants ; for restraining TITLE Sill.] MUNICIPALITIES. 303 and punishing all vagabonds, drunkards, and begga,rs, and Chap. 57, all persons found drunk or disorderly in any street, road ' or public highway in the county. XVI. The providing for any other purpose, matter or other matters thing specially subjected to the control of the council by councir" law: but no bye law shall impose any punishment or im- prisonment, or any penalty exceeding twenty dollars, 67. The council, as often as requisite, shall appoint coroners, ap- coroners, and determine their limits within which to act, ^'"°'"™ 68. It shall be discretionary with the municipality snow plough, council to procure a snow plough, or other machine or contrivance sufficient to keep the roads open and beaten after the iall of snow, to the width of at least eight feet, and place the same under the charge of the commissioners of highwaj's in such district, who shall cause the same to be worked and used by such number of the inhabitants of their district as they shall judge sufficient for its use, and in rotation ; and the cost of the snow plough shall be de- frayed out of the county funds by a rate imposed equally on the whole district. 69. All powers and authorities now vested by law au powers veat- ^, . J . ■ • I ■ eim grand jury, m the grand jury and sessions, in special sessions, or sessions, &c., to in justices of the peace, to -make bye-laws, impose rates ^\'„'?^^'^°,;^t^^' ' or assessments, appoint township or county officers, or ''■^'">'=''- make regulations for any county purpose whatever, after the incorporation of any municipality shall be transferred to, vested in, and be exercised by, the municipality council only : but no bye-law or regulation made by the proviso. justices in session shall be considered repealed until the municipality council shall expressly declare such repeal by a bve-law ; and the county and town officers shall continue to exercise their functions until the first meeting of the incorporated council under this Chapter, and they shall be liable to account to the council. ^ 70. All debts, liabilities and obligations of every kind Debts to be as- which may be due or owing, or to which any municipality™™^ ' mav be liable at the time of its incorporation, shall be assumed, paid and performed by the municipality council, aud be recoverable from the same by action, or otherwise, on the same terms and conditions as the same should have been paid and performed if the county had not been incor- porated ; and all property of a public nature, and debts of every kind, belonging or owing to any municipality, shall, at the same time, become vested in and due and payable to the municipality council ; but no municipality council shall issue, or authorize the issuing, of any bill or note, or in any way act, or authorize any persons to act as bankers. 71. In assessing auy rate or tax the municipality coun- Assessment ct cil shall be governed in all things by the laws now or here- K."""* """"'^ 304 MUNICIPALITIES. [part I. Chap. 57. Allowance to collector. Bye-laws laid before legisla- ture. Expenditure to be laid before the legislature. Not to extend to toll bridges, &c. Penalties, how recovered. Informer not a competent wit- ness, when. after to be enacted for the levying and collecting of poor and county rates, except as herein provided ; and the same shall be apportioned and assessed equally on all pro- perty liable by law to poor and county rates : but no rate or assessment whatever shall be made or levied on any lands, tenements or other property, real or personal, of Her Majesty, her heirs or successors, or in possession of the War Department. 72. All allowances or per centage granted by law to any collector or county treasurer, and all salaries, wages, and allowances of any kind enjoyed by any county, town or parish officer, shall coatinue to be paid, after the incor- poration of any county, until otherwise ordered by the mnnicipality council. 73. An authentic copy of each bye-law passed by the municipality council, shall forthwith, after being passed, be transmitted by the warden or chairman for the time be- ing to the Provincial Secretary, who shall note on such bye- law the date of its receipt, and lay the same before the Governor, by whom the same shall be laid before the Legis- lature within ten days after the opening of its next session. Any bye-law repugnant to the law of the land, or the pro- visions of this Chapter, shall be wholly void and ot no effect whatever. 74. At least ten days before the meeting of the Provin- cial Legislature, the wardens shall transmit an abstract of the receipts and expenditures of the municipality, and the returns from the several judicial district courts during the preceding year, to the Governor, who shall lay the same before both branches of the Legislature. 75. Nothing in this Chapter shall extend to any toll bridge, or road belonging to any company or individuals, nor to any work under the control of the imperial or pro- vincial governments, or of the military authorities. 76. Allfines and penalties imposed by any bye-laws of the municipality councils, and for the recovery of which no other provision is made, may be recovered with costs, by suit and execution, as in the case of debts, in the name of the corporation, before any justice of the peace for the county, and, alter the appointment of judicial district courts, before such courts. All fines and penalties, when recovered, shall be paid and applied as the bye-law shall direct. No informer or other person, who is to receive for his own benefit any part of a fine or penalty, shall be com- petent witness for the prosecution, unless he first relin- quishes, in writing, all claim to his proportion of the fine or penalty ; in such case the whole penalty shall be applied as the bye-law shall direct for that portion which was to go to 'the informer or prosecutor. No inhabitant of the TITLE XIII.] MUNICIPAL1TIE8. 305 municipality, or member or officer of the council, shall be Chap, 57. an incompetent witness in any prosecution for the recovery Members of — of a fine or penalty, or in any suit for money payable to """""'l ™™p«- the clerk or treasurer, or due to the council, or in any suit ° ^""«^^- wherein the Cv>uncil are a party, or have an interest in the result, by reason of such person being an inhabitant of the municipalit}', or a member of the council, or an officer or a person in their employ ; provided that such person shall have no other interest in the prosecution or suit which would render him an incompetent witness. 77. The municipality council shall strictly account to Expenditure of the Governor for the expenditure of all provincial moneys a^onntedTr. granted for roads or other municipality uses, and render all needful vouchers. These expenditures shall be ex- amined and audited by the Provincial Secretary, and the accounts laid before the Legislature within ten days after the opening of each session. 7.8. In the case of the first election the Sheriff shall sheriffs', te., receive from the municipality funds the sum of eight dol- election,'^ Jars in full for his services ; and each presiding officer shall receive two dollars, and each poll clerk one dollar, in full for their respective services. 79. All rates and tolls imposed by the council shall be Assessments, assessed and recovered in manner prescribed by the bye- ''"^ '^"'™'^'' ' laws, and by such assessors and collectors as may be appointed for that purpose by the council at one of the two meetings hereby appointed : provided such bye-law is not repugnant to the law of this Province or to this Chapter. 80. All rates for public purposes, not within the scope Hates tor public and authority of this Chapter, which the inhabitants of any p""^'^' county are now liable, or may hereafter be liable, to pay by any law of the Province,*3hall continue to be assessed upon and paid by the inhabitants of any incorporated county, until otherwise directed by Act of the Legislature. 81. Nothing in this Chapter contained shall be construed inconsistent or to repeal or affect the provisions of any law or enactment oniyfftict«d.^^ now in force, except so far only as such law or enactment shall be inconsistent with, or repugnant to, the provisions of this Chapter, or the attainment of the objects and pur- poses thereof. 82. Every returning officer, or person holding any elec- Returning om- tion under this Chapter, shall have power to administer all ister'oatiis. " oaths and affirmations required to be administered or taken at any such election. 83. Every officer who shall be elected or appointed un-BTery officer der this Chapter shall, before entering on the duties of his '"^''°"'- office, take and subscribe the general oath of office contained in the Schedule, except officers for whom the Schedule con- . tains a special oath of office. 20 306 MUNICIPALITIES. [PART I. Chap. 57. Oath of quilifl- cation, by whom talten. No person qualified to vote, &c.f unless a subject of Her Majesty. Oaths, by whom to be adminis- tered. Penalty for re- fusing to take office. Proviso. Affirmation. Certain corpoia- tjons not affeot- eel. 84. Every person elected or appointed under this Chap- ter to any office which requires a qualification of property in the incumbent, shall, before he shall enter upon the duties of his office, take and subscribe the general oath of qualification contained in the Schedule of oaths, and shall annex thereto and file with the clerk a schedule of his qualification. 85. No person shall be qualified to vote or to be elected or appointed to any office under this Chapter, who shall not, at the time of his voting, election, or appointment, be a natural born or naturalized subject of Her Majesty, her heirs or successors, and of the full age of twenty-one years. 86. When no provision shall be made in this Chapter for the administering of any oaths or affirmations required to be administered or taken, the same may be administered by the warden, or, in his absence, by the clerk, or by any councillor or any justice of the peace of the county ; and when an oath or affirmation is directed to be administered by, or taken before, any officer or person, the authority to administer is included. 87. Every qualified person duly elected or appointed to any office in, by, or under the municipality, in cases not herein expressly provided for, who shall refuse such office, or neglect to take the several oaths or affirmations required by this Chapter in respect thereof, within ten days after his election or appointment, having had notice of such election or appointment ; and every person who shall enter on the duties of any office under this Chapter, without having taken the oath required in respect of such office ; and every person duly authorized to administer such oaths or affirmations, who shall reftlse to administer the same when such administration is reasonably demanded of him, shall thereupon, respectively, forfeit such sum, not more than eighty dollars, nor less than eight dollars, as may be prescribed by the bye-laws of the municipal corporation, to be paid to the clerk of such corporation for the use thereof: provided that such forfeiture shall not be incurred by any person not legally qualified, or who shall be legally exempt, and who shall verify that fact on his oath. 88. Every person authorized by law to make affirmation instead of taking an oath may make affirmation in every case where an oath is required by this Chapter ; and any person who shall wilfully swear or affirm falsely in any matter where an oath or affirmation is required by this Chapter, shall bo deemed guilty of wilful and corrupt per- jury, and be punished accordingly. . 89. Nothing in this Chapter contained shall abridge, limit or defeat any rights, powers, privileges or jurisdic- TnXE Xm.] MUNICIPALITIEg, " 307 tion of the corporations of the City of Halifax, and the Chap. 57. towns of Dartmouth and Pictou, or of the corporation of '' - any other town which may be incorporated during any fu- ture sitting of the Legislature. 90. Every action brought by or against any municipal- •i<'*'™s?g*'"st ity council shall be brought by or against the same by its ZSght corporate name ; and in all such actions, service of process on the warden or clerk for the time being shall be good and valid service of such process. In case of judgment being given against the corporation, the same shall be paid by order of the council, without unnecessary delay, if there shall be funds available for the purpose ; otherwise the amount shall be included in the next assessment, and shall be paid out of the first moneys which shall be subject to the appropriation of the council. If the amount shall not be paid within six months after judgment recovered, and demand made, the Supreme Court, or a Judge thereof in vacation, shall have the power to amerce the county, which, by the sixth and fifty-fourth sections of the twenty- first Chapter, are given to the sessions and the Supreme Court, and may, if need be, appoint assessors and col- lectors. 91. Judgments against a municipal corporation shall ^^^sj"^"*®- '"- bear interest at six per centum per annum. 92. Coroners appointed under this Chapter shall be coroners to be sworn into office before the warden, or in his absence two ^^°*"' councillors^ and the nineteenth Chapter, except the first section, shall be in force as to such coroners. Nothing in Present coroners this Chapter contained shall affect coroners now appointed. '""**'='*''■ 93. The jurisdiction of the general and special sessions Jurisdiction ot of the peace and of the grand jury, in all matters over ^InTjury*^ which, by this Chapter, jurisdiction is given to the muni-'*''™*™*'- cipal council, is taken away in counties in which this Chap- ter shall go into operation. 94. ihe powers and authorities which in Chapters ^o^rs of gran* twenty-one, twenty-two, twenty-three, twenty-nine, thirty, to'^^cl^T™" thirty-one, thirty-three, thirty-four, forty, forty-three, forty- '=°"'"'"^- four, forty-six, forty-seven, forty-eight, fifty, fifty-one, fifty- two, fiffy-eight, fifty-nine, sixty-one, sixty-two, sixty-three, sixty-five, sixty-six, sixty-seven, sixty-eight, sixty-nine, sev- enty, seventy-one, seventy-two, seventy-three, seventy-four and seventy-five, of the Revised Statutes (Fourth Series), and in Chapters seventy, ninety-five, one hundred and forty-seven, and one hundred and fifty-seven of the Third Series of such Revised Statutes, are given to grand juries, justices in session, general or special, or to justices of the peace, and to the officers and persons named by them, and to officers and persons named in those Chapters, for carrying out any of the provisions of those Chapters, - 308 Chap. 57. Protection of wardens, &c. MUNIGIPAMflES. [PART r. are given to mrmicipal councjlsj and to the officers and ■ persons to be appointed by them under the respective bye- laws of such councils. 95. The warden, councillors, and officers acting under them, shall be entitled to the protection afforded to justices of the peace and constables, under the one hundred and eleventh and one hundred and twelfth Chapters. JUDICIAL DISTBICT COFBTS. Judicial dis- tricts, forma- tion of. Commissioners. Office of com- missioners, du- ration of. Ko councillor to be a commis- sioner. Authority of commissioners. Jurisdiction. One party must reside in dis- trict, &c. Meeting of commissioners, qucrmm, &0. 96. The municipal corporation for each municipality shall, at its first meeting, or soon thereafter, divide the municipality into convenient judicial districts, which shall, if practicable, be so formed as not to divide any electoral district or any existing township, and shall appoint three judicial district commissioners for each of such judicial districts. The commissioners shall be qualified as is re- quired for councillors, and before entering upon the duties of their office shall take and subscribe the oaths of alle- giance, of office, and of qualification. 97. The judicial district commissioners shall retain office for three years and no longer. At the end of that period the municipality corporation shall appoint a new board, but may re-elect two of tbe out-going officers. The cor- poration shall also supply occasional vacancies, arising from death, resignation, or otherwise. . 98. No commissioner shall at any time be chosen from among the councillors. 99. The commissioners shall have authority within their respective districts only. Their writs may extend over the whole municipality, but shall be returnable only within the district, and shall be directed and served as writs from justices are now served. 100. They shall have and exercise within their district the same jurisdiction overactionsof contract, and for petty trespasses and assaults under the one hundredth and forty- seventh Chapter of the Revised Statutes, Third Series, and for penalties for violation of the laws relating to the importation, manufacture, or sale of intoxicating liquors, and other penalties, and the same functions tor the pur- poses of trial which justices of the peace may possess at the time the commissioners are appointed. No action shall be sustained unless at the time the writ issued either the plaintiff or defendant shall actually reside, or the cause of action shall have arisen within the judicial district. 101. The commissioners shall meet at some convenient place to be named by the council, on the first Tuesday of every month, and may continue in session for two days, and no longer : causes not disposed of shall stand over r two commissioners shall form a quorum. TITLE XIII.] MUNICIPALITIES. 309 102. The commissioners shall have the same power to Chap. 57. fiwear witnesses, and to try by jury, and the same authority power to ad- — as a court, that justices now have ; and appeal shall He rn'oister oatha. from their judgment, and in the same mode as it now lies'^^^^^' from the judgment of justices. 103. The municipal corporation shall appoint a clerk oie'i? "' dis'""*' for each judicial district, who shall take the oath of office °'^^''"' ""^^ before entering on his duties, and by whom, and not by the commissioners, the writs of mesne process and execution shall be issued ; but the commissioners as well as the clerk may issue subpoenas for attendance of witnesses, which shall extend over the Province. 104. Witnesses in cases before the court of judicial witnesses, commissioners shall be entitled to the same fees for attend- ance, and subject to the same obligations to attend and give evidence, and liable to the same penalties for prevari- cation and for perjury, as in causes at present within the jurisdiction of^ justices of the peace. 105. After the court of judicial commissioners shall ^o'^«''ofJHst'<=es come into operation, the power of justices of the peace, to "^"^'^ the extent of the jurisdiction of the judicial commissioners shall cease. 106. The same fees which in Chapter one hundred and ^^^• fourteen, under the head "Magistrates Courts," are dis- tinguished as justices fees, constables fees, witnesses fees, and jurors fees, or under any other acts in force relating to such tees, shall be paid upon suits before commissioners ; but the fees distinguished as justices fees, shall be received by the commissioners clerk and paid to the County Trea- surer. 107. The commissioner^ shall be paid according to their commissioners' actual attendance in court, such amount, and the clerk by such allowance, as the municipal corporation shall appoint ; and the remuneration of the commissioners and clerk shall not in anything be made to have relation to or be depend- ent upon the number of Writs issued or judgments obtained, or the amount of fees collected ; and neither the commis- sioners nor the clerk shall, On any pretence, derive any emolument from their office beyond such allowance. No^°™™™>'™' II 1111 T 1 . T 1 er, &c , to DC commissioner or clerk shall be directly or indirectly em- employed ai at- 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 commissioner or clerk. 108. Municipal corporations shall make bye-laws for^y^-'^^^- ■enforcing a correct and regular account of the writs issued, trials bad, judgments entered, and costs incurred, in such judicial district courts, and of the fees paid to the County Treasurer ; and shall annually, on or about the thirty first 310 MUNICIPAL1TIE3. [PAET I. Chap. 57. ^^7 oi December, make a return thereof to the Governor, to be submitted to the Legislature. Powers, protee- 109. The powers and authority which, in Chapter t'Sotthe°peil^e Ninety-one of this Series and Chapters One hundred and transferred to fortv-soven, and Ouo hundred and fifty-seven of the Third Series of the Revised Statutes, are given to justices of the peace, are transferred and given to the judicial district commissioners within their respective districts ; and they and the ofiScers executing their process, shall be entitled to the same protection, under the one hundred and eleventh and one hundred and twelfth Chapters, as justices of the peace and constables in the like cases are now entitled to. Council may HO. The municipal councils may, if they see fit, alter tlId'numbCTs*?t the Hmits, and increase or diminish the number of electoral numbCTorw^- districts in their respective municipalities, and the number dUors,&c. of councillors to be elected by each district ; and in laying ofi" such districts regard shall be had to the population so as to equalize the number of councillors in that respect as far as possible. Meetingof 111. The councillors of any district, or the councillors councilors. ^^ ^^^ numbcr of districts, in matters relating exclusively to such district or districts, may meet together with the warden, and they shall have full authority to manage all such matters, independent of the control of the council. Warden, right 112. The warden or temporary chairman shall have a to vote. right to vote on all questions before the council. Provisions, &c., 113. The provisious of Chapter Forty-nine " Of Com- tenfedVmSni- missiouers of Streets," shall extend to all municipalities ; cipaiities. ^ud all the powers by such Chapter vested in the sessions and grand jury, are hereby vested in the council of the municipality, and the power and authority of the com- missioners are hereby vested in the commissioners to be appointed by such council. Jury list, revi- 114. The municipality councils shall appoint committees sionof. ^£ their own body to revise the jury lists in accordance with the acts relating thereto, and shall fulfil all the duties imposed by those acts on the committees of the sessions, ^uwicproperty 115. Notwithstanding the ninth section of Chapter management of Fifty-eight, " Of Trustccs of Public Property,'' all property the council. ^^ every description belonging to the municipality, or any district or districts, shall be under the management and control of the municipal council, or of the warden and the councillor or councillors of such district or districts. Purchaseof 116. Whenever it shall become necessary to purchase land or buildings, or to erect buildings for the use of muni- cipalities, or of townships or districts, the assessment for the amount required therefor may, if it be thought advi- sable, be made payable by yearly instalments, tp be collect- ed and levied on such municipalities, townships, or d!s- land, &c. TITLE XIII.] MUNICIPALITIES. 311 tricts, liable tberefor ; but such payment shall not be made Chap. 57. to extend over a longer period than five years. 117. The election for warden and councillors may be Elections. by ballot or otherwise, as shall be determined by the council. 118. Municipality councils shall appoint commissioners commissioners 01 sewers in their respective districts or counties, who shall have power and authority to carry out the provisions of Chapter Forty, " Of Commissioners of Sewers, and the regulating of dyked and marsh lands ;" and shall also ap- inspectors ot point inspectors of provisions, lumber, fuel, and other '""''^'' *"■ merchandize, under the eighty-fifth Chapter of the Third Series, so far as unrepealed. 119. The municipality councils shall have the same commons, power and authority respecting commons as is now vested in the sessions, under the forty -first chapter, " Of Com- mons." 120. All power and authority now vested in, and all Sltowe^ duties now imposed on clerks of the peace and town clerks, duties of , &c.' shall be vested in, and be performed by the municipality clerks. 121. All the powers and authorities vested in justices J"d pro- divine worship, burial ground, college, academy, school or f lom o^peraSon any land thereto belonging, or any land belonging to any ° ''^^^^■ religious congregation or society, or any lands vested in the supervisors of public grounds under the Chapter " Of Supervisors of Public Grounds,'' or shall deprive any person of any right lawfully acquired ; nor shall anything herein contained affect any lands or buildings now vested in trustees, or the necessary control of the Sheriff over the court house and jail. 10. The court of sessions in each county, where ^J™JJYand» school lands are situate not by law vested in the school how appointed trustees of any section, shall annually appoint trustees of '" "®'''^""'*^'- such lands. 11. Whenever any vacancy shall occur by death or J^""'^- '^"w removal from the county, incompetency, or refusal to act of any trustees already appointed to take charge of any school lands in any township or district in this Province, the sessions may appoint trustees to fill such vacancy who shall have the same power as the original trustees. CHAPTER 59. OF 8UPBRVIS0E8 OP PUBLIC GROUNDS. 1. The grand jury in each county or district shall, on 8«pe"^'-8,how the application of . twenty freeholders' of any township, *^^ appoint six persons resident in such township, out of whom the sessions shall-appoiut 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 supplied by the grand jury recommend- ing double the number of persons necessary to supply the same, out of whom the sessions shall appoint the number 320 SUPERVISORS OF PUBLIC GROUNDS. [part I. Chap. 59. Title of public grounds, &c., vested in super- visors. Leases of, how made, accounts filed; rent, how applied. Jjands and pro- perty excepted from operation of chapter. Encroachments upon roads, how dealt with ; proceedings in cases of dispute. required ; and the Clerk of the Peace shall keep a record of such appointments, removals and' vacancies and the dates thereof ; and such Supervisors shall be a body cor- porate, by the name of" The Supervisors of Public Grounds for the Township of ;— ." 2. The legal title of and in all public parade grounds and public landings within the township, and of all com- mons 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 appoint- ment 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 to the sessions an account of moneys 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 oflSce 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 over- seers of the poor for the township, or, where there shall be more than one poor district in the township, shall be equally divided among the different districts and paid to the overseers thereof respectively. 4. Nothing in the preceding sections contained shall extend to any place of divine worship, burial ground, college, academy, school, or any land thereto belonging, or any land belonging -to any religious congregation or society, or shall deprive any person of any right lawfully acquired, or affect any lands or buildings now vested in trustees. 5. Whenever the supervisors shall deem a road en- croached upon or encumbered, and in all cases where a doubt or dispute shall exist as to the true line of a road or as to which side is encroached upon, the supervisors after ten days' notice in writing to the parties in possession of the land on both sides of the road, where the line is in dis- pute, or the parties who may have caused the encroach- ment or encumbrance, of the time and place at which they will investigate the matter, shall repair to the place where the encroachment or encumbrance shall be alleged to exist or the line be in dispute, and there inquire into the facts, and if necessary may then, or at a future day, have a sur- vey made of the road, and examine witnesses, oa oath to be administered by a supervisor, touching the matter; and shall after completing the investigation determine and TITLE XIV.] SDPERTISORS OP PUBLIC GROUNDS. 321 mark out tho true line of the road, and direct the same to Chap. 59. be opened to the full width of sixty-six feot, or to any Ie.'?s width to which it may have been confined by its dedica- tion, and shall by order in writing direct and cause all encroachments or encumbrances to be removed to such distance as they shall determine on ; but they shall not cause to be removed any building erected upon the road ; but where a building shall be found to encroach thereon they shall report the same to the next sessions, and the sessions shall make such order in relation thereto as may be deemed proper. 6. If any person shall not obey the order of the Super-i'™efor(iisobev- •' . '^ J ,. J i. 1 ■ • -i- -ii • ii • i. mg supervisor s Visor or sessions delivered to him in writing within thirty or sessions' or- days after receiving the same, he shall forfeit four dollars ; ^'"'' and if the encroachment or encumbrance be sufiered to re- main for a further space of twenty da^ys after the imposition of the fine, the continuance shall be held a new offence, and shall subject the part}' to a further fine of four dollars ; and so in like manner shall every further continuance of the encroachment for twenty days be held a new offence, and the further fine of four dollars be imposed therefor. 7. The Supervisors may apportion and order the pay- Expenses, iww ment of the expenses incident to the proceedings herein- covered" before mentioned among and by such persons as shall appear advisable ; and the same shall be recoverable by the parties entitled thereto as if it were a private debt of the like amount. 8. In any suit under either of the two preceding sec- orderot super- tions, the production of a copy of the order of the Super- proved.'""^ visors under their hands, or of the order of sessions under the hand of the Clerk of the Peace, proof of the hand writing being in either case given, shall be good evidence of the order, and shall suffice to establish the claim of the plaintiff. 9. The Supervisors shall make a record of their inves-^^™''"' '",''?, , r' ^ , . i T n ! signed and fil3d. tigations and order, setting out therein the lines of road by them established, which record shall be signed b}' them and be returned to the Clerk of the Peace to be filed in his office. 10. Any person dissatisfied with the order of the Super- Appeaifrom visors or of the sessions may appeal therefrom to the next °'^'^^''' term or sitting of the Supreme Court in the county, where the matters in dispute shall be tried and determined by the verdict of a jury, if a jury shall be ordered by the Court ; and pending the appeal, no further proceedings shall be had under the order. 11. If judgment on appeal shall confirm the order, then costs of appeal, the costs of appeal shall be paid by the appellant, and de7oonf?me'd." 21 322 SUPEETISORS OF PUBLIC GROUNDS. [part I, Chap. 59. when order re- versed, costs how paid.j Supervisors may make order for wideninff road. Proceedings to be had at ses- sions. Sessions may appoint three freeholders to lay off road; subsequent pro- ceedings. Width of road. having been taxed in the usual manner shall be recovered by execution. 12. If the order shall be reversed on appeal, the costs consequent thereon, as well as the expenses attending the 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. 13. Where a road shall have been opened and used as a public highway, and the same although not encroached upon, has been originally laid off too narrow, or shall have been made public by use only, and the supervisors shall deem it proper to widen the same, they shall notify the parties in possession ot the lands on both sides of their intention to widen the road, and that application for that purpose will be made to the next sessions. 14. The Supervisors shall at the next sessions submit to the court their application for widening the road, stating the then breadth thereof and the width to which they pro- pose to open the same ; and if they shall have made any agreement with the proprietor.s of the land as to compen- sation lor land and fencing, shall at the same time submit it ; and if the court are satisfied of the propriety of widen- ing the road, and shall approve ot the agreement so made, they shall make an order for widening the road, specifying the breadth to which it shall be extended, and confirm the agreement made, which order shall be final ; and the Supervisors shall proceed to widen the road accordingly. 15. In case no agreement shall have been made, or the sessions shall not approve of the agreement, but shall be satisfied of the propriety of widening the road, they shall appoint three disinterested freeholders, one to be nomi- nated by the Supervisors, one to be nominated by the possessors of the lands, or on their omission by the ses- sions, and the third to be nominated by the sessions ; and shall issue their precept to the three freeholders, directing them to lay ofi' and mark out the road to the width directed, in the way most conducive to the public good and least prejudicial to the proprietors of the lands. And all further proceedings in reference to the widening of the road, whether upon appeal or otherwise, shall be had in the man- ner prescribed by the Chapter of this Series, in regard to opening new roads or altering old ones, except that the propriety of widening the road shall not be inquired into, and the damages appraised shall form a county charge } but no fencing shall be paid for except as directed under the last mentioned Chapter. 16. No road shall be opened under the last three sec- tions to a greater extent than sixty-six feet. TITLE XrV.] SUBSCRIPTIONS TO PUBLIC WORKS. 323 17. Where any road in a township has been open for Chap. 60. the use of the public for twenty years and any doubt or Disputes as to dispute has arisen as to the true line or width of such road, Jj,°//y''^*^ °^ and the Supervisors ot public grounds in such township settled, shall deem it proper to determine such true line or width. they shall be at liberty to proceed as in the case of widen- ing roads under this Chapter and subject Ito the like terms of compensation. 18. Sections thirteen, fourteen, fifteen and sixteen of J^J^d the implements in the last section ™impto^ntef mentioned shall be marked with the number of the district to which they belong: and within twenty -four hours after the extinguishing of any fire the different implements shall be delivered at their place of deposit ; and if thereafter any of such implements shall be found in the possession of any person, he shall forfeit a sum not exceeding eight dollars ; and any person who shall use such implements except at a fire or on an alarm thereof shall forfeit a like sum. Firemen.h w 7. The scssious may appoint such number of firemen dutSs! ^ ' ^" for each town as they may deem necessary, who shall under the firewards have the charge of the fire implements here- inbefore mentioned, and shall be obliged to keep them in good order and fit for service ; and upon an alarm of fire they shall at once repair to the place of deposit of such implements and bring the same to the place where the fire shall have been discovered ; and shall then diligently use the same under the direction of the firewards, in such way as may be deemed most useful for extinguishing the fire. Fireman ap- 8. One of such firemen to be appointed by the fire- wirdstoL™^ wards shall have the power of a fireward in commanding waTd'°' ^"^^ assistance in taking the fire implements to or from any fire, and a like penalty shall attach for disobedience of his or- ders as of those of a fireward. Fire constables, 9 fhe sessions may appoint as manv fire constables as now appointed; -^ ^^ , . " . „ , -,. tiieir duties. they may deem necessarj', not exceeding six for each dis- trict, who shall be sworn into office, and shall at the time of fires, with suitable staves to be provided them, attend upon the firewards, and act under their directions in sub- Penaityforne- duiug the fire, keeping order and preventing thefts ; and if any constable so appointed shall neglect to be sworn into oiEce within a reasonable time after being notified of his appointment, or having been sworn in, shall neglect his duty, he shall forfeit a sum not exceeding eight dollars. General sessions !(,. The general sessious for any county may hereafter ftri engines. assess upou a district to be by them defined such sura of money as they shall think necessary, to be applied in pro- curing a fire engine with hose, fire buckets and other necessary appurtenances for such district,andalsosuchsums as may be required from time to time for keeping the same in repair; and such moneys shall be assessed, levied and collected. Such moneys shall be assessed upon houses and TITLE XIV.] FIRES AND FIREWARDS. 327 buildings and every description of insurable personal pro- Chap. 62. perty within such district, by assessors to be appointed by property liaWe' ' such general sessions, at such times and in such propor- *" assessment-, tions as such general sessions shall direct. 11. Such assessors shall appoint one or more collectors coiiectoi's;pay- who shall collect such moneys ; and such moneys shall be Src°ed,'''™' ^°" collected and payment thereof enforced in the same manner as county rates are collected and their payment enforced. 12. Such collectors shall pay over the monevs by them To be paid to' collected to the Connty Treasurer; and the Count> Trea- ?eT'/ctlor'" surer may maintain an action for monej had and received ^samsteoiiector. against any of such collectors who shall not pay over the moneys by him collected. 13. Any collector or assessor who shall neglect to per- Forfeiture for form the duties of his office shall forfeit a sum not exceed- ?e,l'v^yof"?"'^' ing forty dollars, to be recovered in the name of any person who will sue therefor, in the same manner and with the like costs as if it were a private debt due such person. 14. The sessions may from time to time appoint such ^''g'°s'"«'''*">'^ b^ ■ '' , , 1 ^ 1 aopointed : their er ot enginemen as may be deemed necessary, who duties. shall take charge of the fire engines, and shall keep the same in good order and fit for service, and upon an alarm of fire they shall repair with their engines to the place where the fire shall have been discovered and work the same under the direction of the firewards. 15. One of the enginemen, to be appointed by the fi re- Bnsiine man ap- wards, shall have the power of a fireward to command any wa?ds'to''Lvr necessary assistance in taking the engines to and from p^J^"^ °^ ^'■^' fires ; and any person refusing lo obey his orders therein shall be liable to the same fine as hereinbefore imposed for disobeying a fireward. 16. Firemen and enginemen shall be exempted from Firemen and en- the performance of statute labor, except in respect of f^p^™trom cattle and teams and of assessed property exceeding one ^s'''."° ?"'•'*'' thousand dollars, and from serving on juries and in the office of constable ; and these exemptions shall extend to persons who shall have actually served as firemen or enginemen for a period of sixteen years, and shall have obtained a certificate of such service from the captain or lieutenant of the company, countersigned by the secretary. 17. Upon any vacancy among the firemen or engine vacincies, how men the same shall be at once reported bj' the captain to '°pp''^'*- the sessions, that the vacancy may be supplied. 18. The firewards may nominate and license chimney ohimney sweep- sweepers, and if any person shall act in that capacity poinM^ "''" without being so licensed, he may on a summary convic- tion thereof before a justice of the peace be imprisoned for a period not exceeding one month. 19. Licensed chimney sweepers shall enter into bonds oiiimney eweep- with two sureties, to be approved by the firewards, for °"*°®"*'""^' 328 FIRES ANI> FIRBWARDS. [part I. Chap. 62. Penalty for ne- glect oif duty. Fines for ne- glect of regula- tions respecting sweeping of chimneys. Power of fire- wards to enter building.^ and make orders re- specting dange- i-ous cllimneys. Peniltie-^ for re- fusing admis- sion. Power to remove dangerous mate- rials. Penalties in- curred, how en- forced. performing their duties during tfie term for which they may be appointed, and for conforming to the regulations of the firevvards in reference to the sweeping of chimneys ; and, in case of neglect or refusal to perform their duties or to comply with such regulations, they shall forfeit for every offence not less than one nor more than four dollars ; and if the penalty shall not be paid within ten days after conviction, and no personal property whereon to levy can be found, the offender may be imprisoned for a period not exceeding ten days, or the bond may be put in suit for the payment of the penalty and costs. 20. The firevvards may make regulations respecting the times and mode of sweeping chimneys; and if a fire shall happen in any building or chimney' so as to create alarm or to endanger the neighboring buildings, and the occupants of the building where the fire occurs cannot make it appear that their chimneys Iiave been swept according to such regulations by a licensee] sweeper, they shall forfeit two dollars, to be recovered in the name of any fireward ; and any fireward who shall be aware of the offence and shall not prosecute for the penalty within five days thereafter, shall forfeit twenty dollars. 21. Any two firewards may demand admittance- into any building wherein they have reason to believe there is any dangerous chimney, stove, stovepipe or funnel; and if in their opinion the same shall be dangerous, they shall order it to be altered or removed in such manner as they shall direct ; and if their directions shall not be com- plied with, the firewards shall cause such removal or alteration to be made at the expense of the occupants of the building. If any person shall refuse admittance to the firewards while acting under this section, or shall not make the removal or alteration b}- them directed, he shall forfeit a sum not exceeding eight dollars, to be recovered, to- gether with the expenses of removal or alteration in the name of the firewards or any of them, and in default of payment the offender maj- be imprisoned for a period not exceeding ten days. 22. If any two firewards shall consider it proper to inspect the placing or situation of any combustible mate- rials, they may demand admittance into any building or place for that purpose ; and if they shall deem the same dangerous they shall direct the occupant of the building or place to remove such materials or alter the placing thereof; and if he shall neglect to obey them they may make the removal or alteration at his expense ; and if anj' person shall refuse admission to the firewards while acting under this section, or shall not carry out their orders, he shall forfeit eight dollars iu addition to the expense of TITLE SIV.] FIRES AND FIREWARDS. &29 carrying out the direction of the firevvards, to be recovered Chap. 62. in the name of the firewards or of any of them ; and if the penalty and expenses shall not be paid with costs, the offender may be imprisoned for a period not exceeding ton days. 23. No person shall keep at anyone time in any one J? 'ovisions re- place within the limits of the firewards, or in any vessel or powderf ^" boat for more than twelve hours after she has reached any wharf within the limits, more than twenty-five pounds of gunpowder ; and if any person shall violate the provisions Penaitiei and hereof he shall forfeit one dollar for every pound ot such mmt!"'"™' gunpowder over twenty-five pounds, to be recovered in the name of the firewards or any of them : but tiiis pro- vision shall not extend to any vessel or boat belonging to Her Majesty wherein gunpowder may be kept for public purposes ; and all pi'osecutions hereunder shall be com- menced within three months after tlie offence shall be committed. 24. Any justice of the peace upon complaint on oath ]^"\^l^^^T by a fireward that he has reasonable cause to suspect that ken open to dangerous quantities of gunpowder are kept in any place ^rmsquantities contrary to the provisions of the last section, may issue his pro^c^Xngs*^'' warrant to search therefor in the day time ; and if admit- thereunder. tance under the warrant sliall be refused, and such refusal shall be mad© appear on oath,' the justice may grant a further warrant to break open the place where such gun- powder is supposed to be deposited: and if upon any search a greater quantity than twenty-five pounds of gun- powder 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. 25. The sessions may make regulations to prevent the sesaions to mak& •^ T p £* 1 , , regulations rela- occurrence, increase or spreading ot ares, and to prevent tive to fires, the unnecessary ringing of fire bells, or the destruction thereof or of their appurtenances, and shall have the man- agement and control of the engine men and firemen, and may increase or diminish their numbers ; and shall have general powers for the due carrying out of the provisions of this Chapter, and may affix penalties for breach of any such regulations, not exceeding eight dollars. '26. If any person shall wilfuUv destroy or ini'ure any Knetorinjuiing^ ... 11 '^ c 1 ' • n • public wells, &o.. public well or pump or fire plug, or any engine or tire im- plements within the limits to which this Chapter extends, he shall forfeit twenty dollars ; and in default of payment, and no effects being found whereon to levy, may bo impri- soned for not more than ten days. 27. The firewards shall annually appoint a chairman chairman of fire- who shall act as treasurer of the board, and shall submit pointed; office* his accounts annually to the firewardij to be audited and '''*''°*' ^^''^ 330 FIRES AND PIREWARDS. [PART I. Chap. 62. signed b}' them, and submitted to the sessions for exaraina- tion and approval. App^jertionof 28. All penalties recovered hereunder shall be applied under the direction of the sessions towards the purchasing and keeping in repair of engines and fire implements, and the Kinking and keeping in repair of pumpa and wells, and Pireimpie- generally in carrying out the objects of this Chapter ; and ^deJkn'dre?™ the sessious may at any time direct new engines and fire paired. implements to be procured for any town herein mentioned which may be within their jurisdiction, and new wells to Expenses, how be sunk and pumps placed therein ; and the expenses leotld.™'^ ™' 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 limits of the town where the expenses shall be incurred, in the same m.iuner 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. Proceedings on 29. Whenever any building or property shall be injured toori^of flr.s. or destroyed by fire and the cause or origin thereof shall not be known, the Mayor of the City of Halifax within the City of Halifax, and the Custos or any two justices of the peace in other parts of the Pi'ovince, shall cause an inves- tigation to be made to ascertain the cause or origin of the fire : and the same shall take place before the Mayor or two or more aldermen in the City of Halifax, or before two or more justices in other places, who shall have power to enforce the attendance of such persons to give evidence before them as they may require by summons or warrant under their hands and seals, and to examine them under oath; and the proceedings and all depositions connected therewith shall be returned to the Prothonotary of the Supreme Court of the county where the fire has taken place and be filed by him in his office. Firewardde- 30. The word " fi rewards '' when used in this Chapter shall include one or more of them, unless otherwise ex- pressed or repugnant to the context. title xiv.] transportation op gunpowder. 331 Chap. 64. CHAPTER 63. OP THE DISCHARGE OF FIREARMS AND FIREWORKS. 1. If any person shall knowingly and unnecessarily dis- Fine for unne- charge any firearms within the City of Halifax, or within SgJof fire- any town or village, or within one hundred yards of any ""'^• person riding or driving, he shall for every oiTence forfeit two dollars 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 fireworks, or Koe forimpro- permit the same to be thrown, into any street, thoroughfare ArewoiksOTml- or passage, or into any building, or shall make any bonfire I'^s bonfires. within one hundred yards of any building, he shall for every offence forfeit eight dollars, and in default of pay- ment shall be imprisoned for a period not exceeding four- teen days. 3. Prosecutions under this Chapter must be commenced ^°^?^°*J°J' within eight days after the offence committed. days. CHAPTER 64. OP THE TRANSPORTATION AND USE OF GUNPOWDER. 1. No person shall convey by land more than one ton conveyance of f. , . ,. J -I gunpowder by 01 gunpowder at one time. knd. 2. More than fifty pounds of gunpowder shall not be Protection where ^,1-11 1 ii over fifty lbs. m placed in any one cart to be land-borne, unless the same oneoart. shall be completely covered with woollen or hair cloth, ex- clusive of the package and the covering of the carriage. 3. No carriage conveying gunpowder shall be stopped f^pf ' '"^®''® ** less than twenty rods from any dwelling-house. 4. No iron, steel or metallic substance, other than cop- Metaiiiosubstan" per hoops on the casks, shall be placed on any carriage, to- onoartwitii gather with any quantity of gunpowder exceeding fifty P<""i«"^- pounds. 5. No gunpowder exceeding fifty pounds shall be placed ^^^°p*iS^d°™'* in any carriage, but in barrels, half barrels or quarter how secured for barrels, tight and well hooped with wood or copper hoops. °*-™«^- 6. No more than twenty-five pounds of gunpowdw shall g;;'*""*^*^/''^'" be carried from one place to another unless the package be pouS£,how well hooped and sufficiently wrapped with woollen or hair '^°"'^^- cloth. 332 BURNING WOODS AND MARSHES. [PART I. Chap. 65. 7. If any person shall offend against the preceding pro- Porfeitures for ^'31008 of this Chapter he shall forfeit for every offence a offences. gupi not exceeding eighty dollars. ^*wdef(orHe?" 8. Nothing in this Chapter contained shall aff"ect the Majeatynotaf- carriage of gunpowder for Her Majesty's service. Precautions in ^- Bvory person who shall blast rocks with gunpowder Wasting within Jf) any placo within one hundred feet from anj' street, atree', &c. highway or thoroughfare, sliall use the most careful pre- cautions in giving notice thereof, by blowing horns or otherwise previously to eacli explosion ; and shall limit the quantity of powder to be used, which must not in any case exceed eiglit ounces in any bore, nor explode more than three bores in any one blasting, and shall cover the spot about to be blasted with a sufficient quantity of bushes, timber, earth, stones or other materials, to deaden the force of the explosion. Pme, how recov- ^q Every proprietor, contractor, builder, workman or laborer concerned in any such blasting, shall, in case of any neglect of the provisions in the foregoing section, be liable to a fine of not less than two dollars and not more than twenty dollars, to be recovered on the prosecution of any person sueing for the same ; it in the City of Halifax, in the police couvt ; if elsewhere, before any one justice of the peace, with costs ; and in case of non-payment shall be liable to imprisonment for a term not exceeding one day Person blasting for everv dollar of such fine ; and every person concerned for^migesf' ^ lu 80 blasting rocks without proper precaution shall be responsible in damages to any person who may be injured thereby. CHAPTER 65. OP BURNING WOODS AND MARSHES. Sessions to make 1. The sessious shall make regulations for preventing baraing°woods, damage by setting fire to and burning woods, underbrush, marshes, &c. ^^^^ marsli lauds, at unseasonable times, and shall affix penalties for breach thereof not exceeding eighty dollars. limitation o£ 2. Prosocutions Under this Chapter must be commenced proseontions. ^j^j^j^^ ^j^^.^^ months after the oBFence committed. Imprisonment 3. If au)'^ persou couvicted under this Chapter shall not ?°j'^°™'j"' pay the penalty and costs, and shall have no goods whereon goods. a levy can be made, he may be imprisoned for a term not exceeding one day for every one dollar of the amount of the judgment, unless the same shall be sooner paid. Offender liable 4. Any persou violating the provisions of this Chapter for damages, ghall be liable to the person injured for all damage result- ing from such violation. title xiv.] river8. 333 1 Chap. 66. CHAPTER 66. OP THE CONVEYING OP TIMBER AND LUMBER ON RIVERS AND THE REMOVAL OF OBSTRUCTIONS THEREFROM. 1. Upon the written application of twenty freeholders commissioners, resident in the neighborhood of any river or owning lands thd/jOTis'^?-'^' thereon, or interested in rafting and driving logs, timber and ''°° defined. lumber, or conveying wood or other articles down such river, setting forth their desire that commissioners -should be appointed for clearing and removing obstructions from such river, which application shall be first read at the sessions and approved of by the grand jury and sessions, who shall in such cases establish the points in the river between which the powers of the commissioners sliall be limited, the Clerk of the Peace shall return such application into the Provincial Secretary's office, with a certificate of such ap- proval and the limits so established ; and thereupon the Governor in Council may appoint three or four commission- ers for the purposes of the five succeeding sections of this Chapter. 2. The Commissioners appointed by the sessions may Powers of com- remove from the river all obstructions within the limits of ™'*^"'°®^- their authority, and may erect wing-dams at such places and in such manner as they shall see fit, and do all other acts necessary to facilitate the passage of logs, timber, lumber, wood and other articles down the river, and for that purpose may enter upon public or private lands, doing no unnecessary damage ; and the commissioners may make Heguiations. regulations to prevent obstruction to rivers by the throw- ing or falling into them of slabs and other refuse wood and sawdust from saw mills; and the sessions may impose pen- Penalties, allies for the violation of such regulations, and may direct the method of recovering the same. 3. The commissioners may borrow, upon their own commissioners credit or upon the credit of the tolls arising as hereinafter mMe^""'' mentioned, such sums of money not exceeding four thou- sand dollars in the whole, as may be necessary for the pur- poses of their appointment. 4. When the undertaking is completed the commis-Toiistobeestib- sioners may collect a toll of such amount, and in such pu'Jluijn^^''^''" 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 jurisdictii>n, and shall apply the tolls to the payment of the amount borrowed with interest ; but no toll shall be levied after the amount is liquidated. 334 KITER3. [PART I. Chap. 66. 5. The commission ertj shall annually submit an account , : — ; — of their expenditure and proceedings, and of the tolls col- Accounts sub- "* ^■l^^ll f . „ r p > , .. , „ mitted anDua'iy lected, to the scssions tof audit ; and when approved it shall theVS* '^ be filed by the Clerk of the Peace. OFerationof g. Nothlno; herein contained shall be construed to chapter restrict- '^, . ,, ... . ed. sanction any^laim on the provincial revenue in respect of the moneye so borrowed, or to authorize any interference with the navigation or fisheries of the river further than may be absolutely necessary for the purposes contemplated, or to injure or affect private rights further than as expressly provided. Sessions empow- ^^ fhe sessious shall, when uecessary, make regulations 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 obstructing the navigation of the river, and may fix thejates 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 moneys as may be due under such regulations; and may impose penalties for breach of such regulations of not less than eight dollars nor more than forty dollars : but nothing herein contained shall authorize the removal of any mill- dam. Log3,&c.,may § Persous may bring logs, timber and lumber down be brouglit down . i i • i i i • i rivers under reg-nvers, in reference to wliicri sucli regulations have beeu uiations. made ; provided they shall in all respects conform to the regulations and do as little damage as possible to the owners of the soil adjoining. Definition of the 9. The word " river '' when used in this Chanter shall word river. • i i ^ • • i • include streams running into any river. Not to contra- 10. Nothing herein shall be construed to contravene rene Canada ^^^, legislation {intra vires) of the Parliament of Canada. TITLE 5IV.] PUBLIC EXHIBITIONS. 335 Chap. 67. CHAPTER 67. OF PUBLIC EXHIBITIONS. 1. The clerk of the license, with the consent of two License for exM justices of the peace, shall grant a license to anf person ^■^7^!"'"' °*'' applying, for holding any show, play or public exhibition, upon such person paying a sum not exceeding five dollars nor less than one dollar per day, at the discretion of tiie officer granting the license ; the money to be paid for such license before the granting thereof, and to be paid for every day for which the license is granted, to be therein ex- pressed, which license shall not be operative out of the county where granted. 2. If the clerk of the licenses shall be absent or shall where derk of reside more than five miles from the place where it shall livlng^afdiv' " 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 (hey shall within thirty days after granting the license make return thereof to the clerk of the licenses, and at the same time pay over the amount of duties received therefor. 3. The clerk of the licenses or justices granting any I'ee on grantinR such license shall be entitled to receive therefor a fee of "'™^°' fifty cents. 4. If any person shall hold any show, play, or public Fine for exWM- exhibition without previously obtaining a license, he shall f^e^^g'"^"' Jo'; forfeit twentj' dollars for every day the same, shall be held ; ^''^'^■ to be recovered in a summary manner before two justices of the peace, and to be by them within thiity days after receipt paid over to the clerk of the licenses. 5. The clerk of the licenses shall, within ten days before oierk of i-censes every sitting of the sessions, pay over to the County Trea- '" '"^^ °^^'"^°'^°' surer for county purposes^all duties and penalties by him received under this Chapter. 6. The provisions of this Chapter shall not extend to c;ty of Halifax the City of Halifax. '""""p'*""' 336 stray horses and cattle, [part i. Chap. 68. CPIAPTER 68. OP STRAY HORSES AND CATTLE. Stray horses, cat- 1. Whenever between the first day of November and te(i*aitwrth.'° ^''^ ^^^^ '^^y of ^'^y '^'^y horses or cattle or any swine or slieep shall stray into the yard, barn or enclosure of any person, or be astray and on the premises of any person to whom the owner thereof is unknown, such person may detain the same ; and if not claimed within twenty-four hours he shall forthwith thereafter transmit to the town clerk of the township, or, if the place be not within any township, then to the town clerk of the adjoining town- ship, a description of every such animal, with the color, size, ear-mark if any, age, and particular marks thereof, so as the owner may be enabled to recognize it by the description ; and shall at the foot thereof write a notice of the time and place of finding such animal, and also the place where the same is detained. Town clerk's 2. The town clork shall file the description and notice, ""'«''• labor fund of their district as shall be sufficient to erect and maintain thereon the guide boards required by this Chapter. 8. Surveyors of highways or road commissioners penaityfome- neglecting to erect and maintain within their district the fisof'SghwIy^ guide boards required by this Chapter shall pay a fine not *o. exceeding ten dollars, to be appropriated one-half to the road fund and one-half to the prosecutor. CHAPTER 72. OP THE TAXATION OP DOGS. 1. The sessions upon the recommendation of the grand sessionsmay jury may make regulations relative to the taxation of dogs, SlT^s^datiTe to and may fix the amount to be paid annually by owners of '*="''™°''^°8s- dogs, not exceeding one dollar for each dog ; and such regulations shall be published throughout the county for thirty days before they shall come into operation. 2. Dogs found chasing or worrying sheep may be killed; Dogs chasing and the owners of such dogs shall have no right of action ^|a.™*'^''° against the persons killiug the same. 3. The owners of dogs that have been found chasing Penalty upon or worrying sheep shall be liable to a penalty not exceed- °^^' ing twelve dollars, if on being notified of the fact they con- tinue to allow such doga to go at large. 340 birds and animals. [paet i. Chap. 73. TITLE XV. OF CERTAIN BIRDS AND ANIMALS. CHAPTER 73. OP THE PREBEBVATION OP USEFUL BIRDS AND ANIMALS. No person shau 1. No persoD shsll take or kill, or attempt to take or kill, hfepos^^oS" ^^7 partridge between the fii-gt days of Jaouary and Sep. partridgei wood- teijjber in auv year, or shall sell, buy, or have in his posses- cock or ampe out . 1 • 1 J I 1 Ml 1 1 . ,1 • ■. , of season. siofl, any partridge so taken or killed, between the said last mentioned days each inclusive, or sharll take or kill, of at^ tempt to take or kill, or have in his possession, any Wood' cock or snipe, between the first days of March and Sepr tember in any year. Fine for offence. 2. Every oflfender shall forfeit two dollars for each of- fence ; and the killing, takings or havingj as aforesaid, each partridge, snipe, or woodcock^ shall be deemed to constitute a sepat^te offence. Moose and cam- 3. No 006 pcrson during any one year or season shall m^ b« wued."'^ kill morc than five moose or caribou ; and do person shall Nosnares g^j. (jj-apg gr suares for catching moose or caribou. Moosekiiied, 4. No persou shall kill, or pursue with intent to kill,. ^'t°oct''irOT* any moose, save only during the months of September, and iiec. " " October, November, and December, or shall expose for sale, or have in his possession, any green moose skin, or fresh moose meat, save only in the months aforesaid, aud'the first caribon only be- five days in the month of January ; and no person shall and^Bept. ^^"^ ^^^^^ °^ pursuo with iutout to kill, any caribou between the first days of Mareh and September inclusive in any year. Heah to be oar- 5. Any porsoo or party of huntsmen who may kill wOTcTwi^to moose or caribou shall carry the flesh thereof out of the whattime. woods within three days after killing the animal, duriag the months of September add October) and within fourteen day« thereafter duriag the modtbs of November aad De- cember. Penalty for Tio- 6. Any porsod violfttidg any ono of the three n«xt pre- last sections!** co'diug sectiods shall be liable to a penalty of not less than twenty dollars, nor mor6 than fifty dollars for each ofience ; to be recovered by any person who Biay sue for the same. And in case the amount of such penalty and costs be not paid, and the d^^fendant in such prosiecution be committed to jail, he shall aot be admitted to the benefit >of Chapter 137 of the Revised Statutefi> Third Series, rela*i™*"'g'>e in part payment, or that some note or memorandum in^' writing of the bargain be made and signed by the parties to be charged by such contract, or by their agents there- unto authorized. 6. No declaration or creation of a trust in lands or in Declarations mining areas or other mining rights or privileges, shall be teustlSrianas to valid unless it shall be in writing, signed by the party en- fmp°i^"and^re- titled to declare or create the trust, or by his last will; suiting trasts but this provision shall not extend to any trusts in lands or ™°^^ mining areas or other mining rights or privileges arising or resulting by implication or construction of law, or which may be transferred or extinguished by act or operation of law. 7. No grantor assignment of any trust shall be valid Assignment of unless it shall be in writing, signed by the party granting mftteg" or assigning the same, or by his last will. 376 secret bills op sale. [part" h. Chap. 84. —— ^n^L*^ y^-f ? c^ ^3- CHAPTER 84. OP THE PREVENTION OP FRAUDS ON CREDITORS BY SECRET BILLS OF SALE. Bills of sale 01- 1. Bverj bill of sale of personal ohattets made either . tefuedwith ° absolutely or conditionally, or subject or not subject to anj' wS^re^iJi^ker''^ trust, and whereby the assignee shall have power either resides. ^yith or without notice on the execution thereof, or at any subsequent time to take possession of any property and effects comprised in or made subject to such b ill of sale > and every sched ule an n exed thereto or the rein referred to.. qr i^ \jy\& co py of "sach bill of sale and sc l|g tfu le. shall be filed with the registrar of deeds of th6 coHnty or district where the maker resides ; and in case a copy be filed the same shall be apoompanied by an aflBdavit oi the execution of the original bill of sale : otherwi.'se, such bill of sale, as against the assignee of the grantor, under the laws relating ■ to insolvency, or for the general benefit of his creditors^ or as against the execution creditors, or sheriffs and ^n- stables, and other persons levying on or seizing the pro- Oniy to take of- perty Comprised therein, under process of law, shall only ttung™"" " ° take effect and have priority from the time of the filing thereof Defeasance to be 2. In caso such bill of sale is subject to any defeasance the same shall be considered as part thereof, and such defeasance, or a copy thereof shall be filed with the bill of sale or copy : otherwise such bill of sale shall be null and void as against the same persons and as regards the same property and effects, as if such bill of sale or copy thereof bad not been filed according to the provisions of this Chapter. ^l"*''i?"i^ », 3. The registrar of deeds shall gause the bills of sale when filed to be . ^ r -i-ii- numbered and or copios thereoi, SO deposited With him, to be numbered and indexed, and an alphabetical Hat thereof to be made in a book to be kept by him for that purpose, containing the names and descriptions of the grantors and grantees, the date of execution and filing, and the sums for which the t^on'"'^™''^"" s^™^ have been given ; and every bill of sale or copy may be inspected by any person paying a fee of twenty cents therefor. Suered?"' ^°^ 4. When a bill of sale shall have been discharged, an entry of such discharge may be made in the registry list upon the production of a certificate from the holder of such bill of sale duly attested to by the oath of a subscri- bing witness made before the registrar of deeds or any justice of the peace, or otherwise as required for the registry of deeds of real estate, and such certificate shall TITLE XX.] SECRET BILLS OP SALE. 377 be indexed and entered on the list, and on the files kept by Chap. 84. the registrar. 5. The registrar shall be entitled to twenty cents for Eegisti-ar's fees. his trouble in filing, indexing and entering every billot sale or copy, and to twenty cents for administering every oath under this Chapter, and to twenty cents for entering and indexing every certificate of discharge of a bill of sale. 6. In construing this Chapter the following words and Meaning of ^^ ^^ 1 ,, * . , . " . -, , terms used in expressions shall nave the meanings hereby assigned to chapter. them, unless there be something in the subject or context repugnant to such construction, that is to say: The expression "bills of sale" shall include bills of " iBiiis of sale. sale, assignments, transfers, declarations of trust without tra n sferTand othef"assurances oFpei^nal chaTfelsTSn^^ ^■Iso powers of attorney, authorities or licenses to take posses- sion of personal chattels as security for any debt ; but shall not include the following documents^jUiat is to_say, assignments' for th_e~general benefii of tlia^iireiiitors of the per^ota imaki ug~or giving the same ^ marriage settlements, traTnsters or assignments of any ship or vessel, or any share thereof, transfers of goods in the ordinary course of busi- ness of any trade or calling, bills of sale of goods in foreign parts or at sea, bills of lading, warehouse keepers' certifi- cates, warrants or orders for the delivery of goods, or any other documents used in the ordinary course of business as proof of the possession or control of goods, or author- izing or purporting to authorize, either by endorsement or b)"- delivery, the possessors of such documents to transfer or receive goods thereby represented, or assignments of per sonal property to creditors under proce^Hmgs for the relief of insolvent debtors. The expression "personal chattels" shall mean "Personal cimt- goods, furniture, fixtures and other articles capable of com- *^"^'" plete transfer by deliver}' ; and shall not include chattel interests in real estate, nor shares or interests in the stock, funds or securities of any government, or in the capital or property of any incorporated or joint stock company, nor choses in action. Personal chattels shall be deemed to be in the " ap- -Apparent pos- parent possession " of the person making or giving the f"""™ " bill of sale so long as they shall remain or be in or upon any building, land, or other premises occupied by him, or as they shall be used and enjoyed by him in any place whatsoever, notwithstanding that formal possession there- , of may have been taken by or given to any other person. session. 378 Chap. 85. Certain marria- ges declared valid. Proviso. Issue declared 1 cgitimate. Claims under issue declared va^id. Not to affect pending suits. Governor in council to pre- scribe forms. Definition of terms. SOLEMNIZATION OP MARRIAGE. [PART II, TITLE XXL OF THE DOMESTIC RELATIONS. CHAPTER 85. OP THE SOLEMNIZATION OP MARRIAGE. 1. All marriages heretofore solemnized in this Province, in good faith, before any minister of any religions denomi- nation, in the presence of one or more witnesses, and where the parties so married have cohabited together as man and wife, shall be deemed and are hereby made valid ; notwith- standing any real or supposed want of legal authority in the ministers to solemnize such marriages, and notwith- standing any want of license or of publication of banns under which such marriages were had, or any other legal objection thereto. Provided, that nothing herein contained shall have the effect of confirming or rendering valid any marriage between parties who were not legally authorized to enter into the marriage contract, by reason of consan- guinity, aflSnity, or otherwise. 2. The issue of all marriages hereby confirmed or rend- ered valid, are declared to be and are made legitimate to all intents and purposes. 3. The rights of parties claiming under the issue of any such marriage, shall be the same to all intents and purposes as if the marriage hereby confirmed had been valid and legal at the time of the solemnization thereof. 4. The three preceding sections shall not extend to or affect any suit or other legal proceeding now pending. 5. The Governor in Council may from time to time pre- scribe and change forms to be used in the carrying into operation of, and for facilitating and rendering uniform the duties to be performed under this Chapter, which forms shall be used under the provisions, penalties and obliga- tions of this Chapter, in the same manner as if set out in a Schedule hereto and specially referred to, unless from the context the meaning is evidently different. The term " deputy registrar '' shall mean issuer of marriage licenses and deputy registrar of marriages ; and '• occu- pier '' shall include master, governor, keeper, steward, re- sident medical officer or superintendent of gaol, prison, poors' asylum, hospital, lunatic asylum, or other public or private charitable institution. TITLE XXI.] SOLEMNIZATION OP MARRIAGE. 379 6. Every person recognized as a duly ordained clergy- Chap. 85. man or minister by any congregation or body of Christians Persons who within this Province, may solemnize marriage bv license, may solemnize p, , T , . /» 7 . « . '^ , y . ' marriage. or alter pubhcation ot banns, in conformity with the pro- visions of this Chapter. 7. No person shall officiate in the solemnization of any Marriage by marriage, unless notice of such marriage shall have pre- bannT viously been given publicly during the time of divine service at three several meetings, at a place of public wor- ship, on two or more Sundays, provided there shall be more than one public service in the said place of worship on each Sunday, otherwise at two several meetings on two Sundays, in the place where at least one of the parties resides, or unless a license shall have been obtained, as herein pre- scribed, for the solemnization ot such marriage. 8. The officiating clergyman or minister of a congrega- Banns.bywhom tion at the place where either of the parties desiring to be ^" married resides, shall give the notices in the preceding section mentioned, after having been requested to do so, unless in cases where compliance would be illegal or in- consistent with the rules and discipline of the church or congregation to which the clergyman, minister or parties respectively belong. 9. Whosoever not being thereto duly authorized shall ^fS^'o^'latin* presume to solemnize or celebrate marriage, or shall offici- at solemnization ate or assist in solemnizing or celebrating any marriage, ° ™^'^'*se. shall, for every such ofience, forfeit, to the use of Her Majesty, a sum not exceeding four hundred dollars, nor less than one hundred dollars, and suffer twelve months imprisonment notwithstanding such marriage shall be in- valid by law. OP LICENSES FOB THE SOLEMNIZATION OF MABIIIAGE. 10. The Governor may from time to time sign and seal Governor to marriage licenses in blank, which shall be distributed by K diSbuted. the Provincial Secretary, who shall place them in such number as may from time to time be required, together with an equal number of blank bonds, in the hands of per- sons to be appointed by the Governor in Council through- out the Province to be issuers of marriage licenses and deputy registrars of marriages, and who shall be so located as that uo part of any county shall be at an inconvenient distance from one of them. Due publicity under the information direction of the Governor in Council shall be given to published. these appointments and the objects of this Chapter. 11. The issuers or deputy registrars shall deposit with ^p^^''«.s"s- the Provincial Secretary receipts for all the blank marriage oeiptstoru- 380 SOLEMNIZATION OP MARRIAGE. [PAET II. Chap. 85. licenses they shall respectively receive, for which they shall be answerable to him at the rate of two dollars and fifty cents for each license. Mode in which 12. When a marriage license is required for use, appli- shaiifliiupii- cation shall be made to an issuer or deputy registrar, who, ^tad to.*'" ^^" on receiving for the license two dollars and fifty cents, and on execution by the man contemplating marriage and suf- Bond. ficient sureties, of one of the bonds properly filled up, shall insert in one of the blank marriage licenses in his possession, the name of the clergyman or minister to whom it is to be directed, and the names, abodes and additions, of the man and woman to be married, and having subr scribed it with his own name and the exact date of issuing, shall deliver the license so perfected to the party applying; and a marriage license shall not be issued or delivered except thus perfect and adapted for some particular mar- riage clearly expressed in it, and it shall not on any pre- tence be used for any other marriage. The bond, among other things shall be conditioned for return of the license. Deputy registrar 13. Evcrv deputy registrar or issuer shall record the shall record issue . , -,.'■•' v , ,i j , i iU r ±i of lioenseand issue of every iicensc, with the date and the names of the Sereon™^^ clergyman, the parties and sureties, and shall record the return of every license, with the date when received by him, and the particulars of the marriage, and the name of the officiating clergyman as certified in the return. ciergjinan shall 14. Every clergyman authorized by law to perform the iMslirau ml'™ marriage ceremony shall apply for, and shall, on applica- furnlshedbT^ tiou, obtain from the nearest issuer or deputy registrar, deputy registrar, forms in which he shall register with the required particu- lars, all the marriages celebrated by him, whether bj' banns, license, or otherwise. But this shall not be construed to interfere with the keeping of any other marriage register he may be otherwise required or may see proper to keep. Deputy registrar 15, It shall be the duty of every deputy registrar to toascertain all , ■ / i • i ■ j.i l marriagesin ascertain, as lar as may be in his power, the several raar- vicinity. riages occurring in his vicinity, and to cause the same to be registered under the provisions of this Chapter. When When persons persous whoso siguatures are required are unable to write, not able to write, r, • i i • ii p i ix i. j, their cross or mark, made in the presence of, and attested by the deputy registrar, or a witness, shall be equivalent Goveruorin to signature. It shall be in the power of the Governor in flneUmiS'of Council, should it be found expedient for carrying out this S'furS- Chapter, from time to time, to cause the limits to be defined *'o°- of all, or of some only, of the deputy registrars' jurisdic- tion under this Chapter, and, as occasion may require, to Errors in regis- alter the Same, of which due publicity shall be given, If reoted?^'"' any error shall be discovered to have been committed in the entry of any marriage in any register, the person dis- covering the same shall forthwith give information thereof TITLE XXI.] SOLEMNIZATION OF MAERIAGE. 381 to the deputy registrar, and such deputy registrar is here- Chap. 85. by authorized and required to investigate the oircumstau- ~ ces of the case ; and if he shall be satisfied that an error has been committed in any sueh entry, it shall be lawful for him to correct the erroneous entry, according to the truth of the case, by entry in the margin, without any alteration of the original entry. Envelopes enclosing the Envelopes encio- . -Til J. -iii 11 smg returns, &c., papers or returns required to be transmitted, and made how marked. under this Chapter, shall be marked " registration returns," with the signature of the officer or clergyman trans- mitting, subscribed. 1. By Clergyman. 16. Every clergyman shall return to theissueror deputy clergyman shaii . . , ■' , "■',, • 1 -1 1 '. •' return to deputy registrar, by whom the same is subscribed, every marriage registrar mar- license used by him for the celebration of marriage, within witlftaten^days ten days after such celebration, with the blank certificate after maniage. endorsed thereon fully filled in and subscribed by himself, stating the fact of the celebration, the names, abodes, and additions of the couple married, the time and place of such marriage, and the names of at least two persons present thereat besides himself. 17. Every clerg}'man or minister shall keep a register ?']!'"f''^f,P '®^'''" of all marriages solemnized by him, whether by banns or riages and re- license, by filling up a blank form with all the particulars i^/uer™^*" required concerning each marriage, and shall return it along with the license, or by itself if said marriage has been solemnized by banns, to the nearest issuer of marriage licenses, or the issuer from whom the license was received, within ten days after such celebration, and shall be entitled ^^^• to receive twenty-five cents for each return of marriage so made, provided it has been made conformably to law. 18. Issuers of marriage licenses shall make returns to issuers shaii the Provincial Secretary's office, in th& first weeks of Jan- returnsto p.s.o. uar}', April, July, and October in every year, of all marriages of which returns have been made to them by clergymen, which returns shall contain all the particulars given in the forms filled up and forwarded to them by said clergymen ; and they shall receive fifty cents for each mar- riage so returned, to be paid out of the marriage license fund. 2. By Deputy Registrar. 19. Every deputy registrar shall, in the second weeks Deputy registrar in January, April, July and October, in each year, return foiio^Jh^g v*^* under his signature, to the Provincial Secretary's office as turns to p. s. o. follows : 382 SOLEMNIZATION OP MARRIAGE. [PART II. Chap. 85. Licenses Issued and returned. Sends. Eeglsters re- turned by cler- gymen. His own records of marriages. All returns re- quired under tills Chapter. Deputy registrar .shall acoount to Provincial Secre- tary for all 11- ^jenses. (1.) All the licenses issued by him and returned to him, with all certificates of marriage returned to him. (2.) All bonds taken by him on the issue of marriage licenses. (3). All the registers of marriage returned to him by clergymen. (4.) His own records of marriage licenses issued by, and certificates of marriage returned to him. (5.) And, generally, all the entries and returns required under this Chapter to be made by the deputy registrar in relation to marriages, together with an exact list of the documents returned signed by him. 20. Every deputy registrar shall also, within the first weeks of January, April, July and October in each year, return to the Provincial Secretary's office, an account veri- fied under oath, of all marriage licenses issued hy him, and of the number of marriage licenses remaining in his hands, and shall pay, and with such account, transmit to the Pro- vincial Secretary's office the full amount of fees on all licenses issued by him, at two dollars and fifty cents for each license, deducting the sums paid by him to clergymen, under the seventeenth section, and of which he shall render an account under his signature. PENALTIES. Penalty for sol- emnizing mar- riage otherwise than as herein provided. Penalty for re- fusal to give no- tices as in sec- tions 7 and 8. Penalty for falsi- fying marriage license. 21. Every person who shall officiate in the solemnization of marriage, unless under license issued in conformity with the provisions of this Chapter, or under banns or notices given in conformity with the provisions of this Chapter, shall forfeit two hundred dollars. 22. Every officiating clergyman or minister of a congre- gation, who shall, in violation of the seventh and eighth sections, refuse or neglect to give the notices directed by those sections, shall, except as therein excepted, forfeit two hundred dollars, and shall be liable to an action for damages at the suit of either of the parties aggrieved. 23. Any clergyman or minister who shall use, and all persons who shall be instrumental in the using of, a mar- riage license that shall not have been perfected and filled up and subscribed by a deputy registrar, in manner as herein directed, and any person who shall alter or assist, or be concerned in altering any marriage license that has been so perfected, or shall celebrate or assist, ot be con- cerned in celebrating any marriage under pretence of a marriage license issued for another and different marriage, shall, for every and each of the said offences, be liable to a penalty not exceeding two hundred dollars. TITLE XXI.] SOLEMNIZATION OF MAKRUGE. 383 24. Every clergyman wlio shall not, within ten days Chap. 85, after the celebration of a marriage by him under license, Penalty for not return the license with a certificate of the performance of '''''"™™gii- ii • 1 1 1 ■ /-ii . 1 cense. the ceremony as required by this Chapter, and every clergyman entitled to solemnize marriage, who shall not within the time and in the manner required by the seven- teenth section, make the return of marriages therein directed, to the issuer of marriage licenses from whom he received the blank forms, or if he shall not continue to be issuer of marriage licenses, then to his successor, or other- wise to the nearest issuer of marriage licenses, or in case of absence from home or illness, then within ten days after return or recovery, shall for each neglect forfeit, for the use of the issuer of marriage licenses to whom the return should be made, four dollars, and for every day after such ten days until return shall be made as required by this Chapter, twelve and one half cents. 25. Every deputy registrar who neglects or refuses, or Penalty for ne- ., Ill -i 1 i r mt gleet of duty by Without probable cause, omits to make any entry or lulfal aeputyregistrar. any duty which by this Chapter he ought to make or do, or who shall carelessly lose or injure any license, or bond, register, entry, document, or paper which was in his pos- session, under this Chapter, or who shall not, within the periods herein prescribed, make all the several returns and payments which by this Chapter he ought to make, or who shall part with or allow to go out of his possession, any marriage license, except in conformity with the provisions of this Chapter, or who shall in any other particular do anything contrary to the provisions of this Chapter, or omit to do anything therein required, shall forfeit, to be paid to the Provincial Secretary for the use of the mar- riage license fund, a fine of four dollars, and the further sum of twelve and one half cents for eVery day for which any such return or payment shall be delayed after the time within which the same should be made. 26. Every person who shall knowingly or wilfully make, tfng KstSt" or shall cause to be made, for the purpose of being inserted ™™'s- in any register of marriages, any false statements touching any of the particulars herein required to be known and registered, shall forfeit two hundred dollars. 27. Every person who shall wilfully send to any news- Penalty fm- gu-- paper publisher, or other person, for publication in any mftton"" newspaper in this Province, a fictitious or false statement of the marriage of any person shall forfeit and pay a sura not exceeding one hundred dollars. KECOVBRY AND DISTRIBUTION OF PENALTIES AND FINES. 28. All fines and fees made payable to or for the use of ^^"^^f^j^dlpu- a deputy registrar, may be sued for in the name of the ^y fsgj^^^j;^.^ 384 PROTECTION OF MARRIED WOMEN. [PART II. Chap. 86. Fines, &c., not made payable to deputy registrarj how recovered. Actions, how conducted. Issuers of mar- riage licenses to give bonds. party entitled as a private debt, and it shall be sufficient to state in the writ that the money is claimed for the defend- ant's neglect of duty, or for services performed by the plaintiff under this Chapter, as the case may be. 29. All fines, penalties, and forfeitures, which are not made pa3'able to, or to the use of the deputy registrars, may be prosecuted by the Provincial Secretary in the county or district wherein the offence occurred. The money when recovered, after deducting expenses, shall be applied one-half to the use of the marriage license fund, and the other half to the use of the county, to be paid to the County Treasurer. 30. The actions shall be conducted as for private debts, and it shall suffice it the writs briefly state the offence com- mitted. 31. Bveiy issuer of marriage licenses shall, before en- tering upon the duties of his office, give a bond to Her Majesty with sureties in the sum of two hundred dollars for the faithful performance of his duties. CHAPTER 86. OP THE PROTECTION OP MARRIED WOMEN IN CERTAIN CASES. A wife deserted by husband may apply to court for order to pro- tect her proper- ty. Judge if satisiied of desertion may grant order. Wife shall hold property as JeTfie sole. Order entered with registrar of deeds. 1. A wife deserted by her husband, wherever resident in Nova Scotia, ma^' at any time after such desertion, apply to a judge of the Supreme Court for an order to protect any money or property she may have acquired, or may ac- quire, by her own lawful industry, and any property which she may have become possessed of, or may become possess- ed of after such desertion, against her husband and his creditors, or any person claiming under him. 2. Such judge, if satisfied of the fact of the desertion, and that the same was without reasonable cause, and that the wife is maintaining herself by her own industry or property, may make and give to the wife an order pro- tecting her earnings and property acquired since the com- mencement of such desertion, from her husband, and all creditors and persons claiming under him ; and such ear- nings and property shall belong to the wife as if she were a/eme sole. Provided, always, that everj' such order, after the making thereof, be entered with the registrar of deeds within whose jurisdiction the wife is resident. 7 TITLE 5X1.] PROTECTION OP MARRIED WOMEN. 385 3. It shall be lawful for the husband, and any creditor Chap. 86. or other person claiming under him, to apply to a judge of Husband or cre- the Supreme Court for a discharge of such order, who, on ^itor may apply fv* • . 1 I T 1 'for discharge of suincient cause shewn, may grant such discharge. order. 4. If the husband, or any creditor of, or person claim- Husband or cre- ing under the husband, shall seize or continue to hold, any pertyoTwife^"^" property of the wife after notice of any such order, he o^de'r^how to- shall be liable at the suit of the wife, which she is hereby we. empowered to bring, to restore the specific property, and also a sum equal to double the value of the property so seized or held after such notice. 5. If any such order of protection be made, the wife After order.wife, shall, during the continuance thereof, be deemed to have per^^.'^L^.'same been, during such desertion of her, in the like position in ^ " decreed. all respects, with regard to property and contracts and suing and being sued, as she would be if she had obtained a decree of divorce. 6. The provisions contained in this Chapter respecting Provisions of the property of a wife, who has obtained a decree of divorce tend^toVoperty or an order for protection, shall be deemed to extend to °„^|°^'^ ^^ ^^^ property to which such wife has become or shall become entitled, as executrix, administratrix, or trustee, since the sentence of divorce or the commencement of the desertion, as the case may be ; and the death of the testator or intes- tate shall be deemed to be the time when such wife became entitled as executrix or administratrix. 7. In every case in which a wife shall, under this order valid secu- Chapter, have obtained an order to protect her earnings or deaiingwith"' property, or a decree of divorce, such order or decree ""'^^ shall, until reversed or discharged, so far as necessary for the protection of any person or corporation who shall deal with the wife, be deemed valid and effectual. 8. No discharge, variation, or reversal of such order or Discharge, &c., , 111 -T o-i -li i.of order not to decree, shall prejudice or atrect any rights or remedies affect contracts, which any person would have had in case the same had not hffo™^^ ^^^^^ been so reversed, varied, or discharged, in respect of any debts, contracts, or acts of the wife, incurred, entered into, or done between the times of the making of such order or decree, and of the discharge, variation, or reversal thereof. 9. Property of or to which the wife is possessed or en-Eeversionaryin- titled, for an estate in remainder or reversion, at the date ^^eiiT^" of the desertion or decree, (as the case may be), shall be °^^^'' deemed to be included in the protection given by the order or decree. 10. Every order which shall be obtained by a wife umldSerti^n'^ under this Chapter, for the protection of her earnings or commenced. property, shall state the time at which the desertion, in consequence whereof the order is made, commenced : and the order shall, as regards all persons dealing with 25 386 ' GUARDIANS AN© WARDS. [PART II. Chap. 87. such wife in reliance thereon, be conclusive as to the time when such desertion commenced. Parties making n. ^]1 persous and Corporations who shall, in reliance contracts witil /t -,*■ « .ii wife without on any such order or decree, as aioresaid, make any pay- "haube'irsam"^' ment to, or permit any transfer or Etct to be made or done te'remSned'in ^^^ *^^® wifo, who has obtained the same, shall, notwith- force. standing such order or decree may then have been dis- charged, reversed, or varied, or at some time since the makingthe order or decree, been discontinued, be protected and indemnified in the same way in all respectsasitatthetime of such payment, transfer, or other act, such order or decree were valid, and still subsisting, without variation, in full force and effect, and the separation of the wife from her husband had not ceased or been discontinued; unless at the time of such payment, transfer, or other act, such persons or corporations had notice of the discharge, variation, or re- versal of such order or decree. Ssureule'fOT ^'^' Hereafter a husband may insure his life for the sole benefit of wife, benefit of his wife or of his wife and children, and in case liabie^or his °° of his dcccase, the amount payable under the policy of in- debts. su.rance .shall enure to the sole benefit of such wife or wife and children (if any), as the case may be ; and where the policy is made payable to the wife and children the amount shall be distributed according to the law of descent of personal property. The amount of such policy shall be in no manner liable for the debts of the husband. CHAPTER 87. OF GUARDIANS AND WARDS. to"ap^^Stedby ^- ^hc father of unmarried children under the age of father. twonty-oue years, may, by any instrument in writing, exe- cuted in the presence of two witnesses, dispose of the custody and tuition of such children, or of any child who, at the time of his father's death, may be unborn, so long as they shall respectively remain under the age of twenty- one years, or for any shorter period ; and the father may make such disposition, though he be not himself of the age of twenty-one years. when'^nd\ow ^- J^dges of probate may appoint guardians to minors appointed by where none have been appointed by the father, the next of ju^geo pro- j^.^ j.^ ^^ appointed if any of them shall apply, unless on special cause shewn the judge of probate shall decide to the contrary, otherwise such person as the judge shall TITLE XXI.] MASTERS, APPRENTICES, ETC. 387 think proper ; but if the minor be of the age of fourteen Chap. 88. years, or having had a guardian appointed by the judge of probate shall arrive at the age of fourteen years, he may appoint his own guardian, and such appointment shall be confirmed by the judge of probate, on the guardian giving the security hereinafter specified. 3. All guardians appointed under the provisions of this power of guar- Chapter shall have the exclusive control of their wards, and '^'"'^' may maintain actions against any persons who shall take them away or detain them, and shall recover damages for their benefit. They may take possession of all their pro- perty, real and personal, receive the rents and profits thereof, and manage the same during the period of their guardianship, and may maintain all actions at law or in equity in relation thereto as such children could do if of full age. '4. Every guardian appointed by the judge of probate, Bonds to iw or nominated by the minor and confirmed by him, shall, ditfonL*'^*'"^™" previous to the letters of guardianship being issued, file in the probate court abend, with two sureties to be approved of by the judge, and to be taken in his name, with a condi- tion that he will faithfully manage and dispose to the best advantage of the property of the minor committed to his care, that he will not commit waste thereon, and will render a just account thereof to the court of probate when requir- ed, and to the ward when he shall come of age. 5. No letters of guardianship shall be granted by any Letters, how ap- judge of probate unless application therefor be made by ^'hengva?itoi. the minor or some near relation of his, or by the executors or administrators of an estate in which the minor is inter- ested ; and the judge, upon such application, may appoint guardians in any suit pending before him, for the purposes of such suit, without requiring a bond. 6. The provisions of this Chapter shall not affect any Appienticesiijps apprenticeship which may legally have been entered into nofafltc't^" by or on behalf of any minor, or by any overseers or com- hereby. missioners of the poor. CHAPTER 88. OP MASTERS, APPRENTICES AND SERVANTS. 1. All children under the age of fourteen years may be MiDois may be bound as apprentices or servants until that age, and all S|i^sCTvant"' minors above the age of fourteen years, may be bound as apprentices or servants ; females to the age of eighteen 388 MASTERS, APPRENTICES, ETC. [part II. Chap. Under fourteen years, how bound. Above fourteen, how bound. Indenture to be of two parts, sealed and certi- fied in certain cases. Custody of mi- nor's part. Overseers of poor may bind out pauper minors. Terms of con- tract of inden- ture. Minors, how bound by over- seers. Money, &c., paid or allowed by master to be for apprentice. years or to the time of their marriage within that age, and males to the age of twenty-one years, in the manner pre- scribed ill this Chapter. 2. Children under the age of fourteen years may bo bound by their father, or in case of his death or incom- petency, by their mother, or by their legal guardian, and if illegitimate, they may be. bound by their mother; and if they have no parent competent to act, and no guardian, they may bind themselves with the approbation of two justices of the peace. 3. Minors above the age of fourteen years may be bound in the same manner ; provided that when they are bound by their parent or guardian, the consent of the minor shall be expressed in the indenture, and testified by his signing the same. 4. No minor shall be bound otherwise than by an in- denture of two parts, sealed and delivered by both parties; and when made with the approbation of the justices of the peace, their approbation shall be certified in writing, signed by them upon each part of the indenture. 5. One part of the indenture shall be kept for the use of the minor by his parent or guardian when executed by them respectively, and when made with the approbation of two justices of the peace, it shall be deposited with the town clerk or Clerk of the Peace, and be safely kept in his office for the use of the minor. 6. The overseers of the poor may bind as apprentices or servants, the minor children of any poor person, who has become chargeable to the district, as having a 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 chargeable to the district as having a lawful settlement therein, or as poor persons sup- ported by the district. 7. Such children whether under or above the age of fourteen years may be bound, females to the age of eighteen years, or to the time of their marriage within that age, and males to the age of twenty-one years ; 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 indenture of two parts, sealed and delivered by the overseers and by the master, one part of which shall be deposited with the town clerk or Clerk of the Peace, and . be safely kept by him for the use of the minor. 9. All considerations of money or other things paid or allowed by the master upon any contract of service or TITLE XXI.] MASTERS, APPRENTICES, ETC. 389 apprenticeship made in pursuance of this Chapter, shall Chap. 88. be paid or secured to the sole use of the minor thereby - bound. 10. Parents and guardians and overseers shall inquire Duty of parents, into the treatment of all children bound by them respec- overs4rsrapect- tively, or with their approbation, and of all who shall have bouSd"ut!° been bound by their predecessors in oflSce, and defend them from all cruelty, neglect and breach of contract, on the part of their masters. 11. In case of any misconduct or neglect of the master, Proceedings for ^^ rDiscoTiuucii Or a complaint may be made in writing by the parents, guar- master, dian, or overseers, to any two justices of the peace for the county in which the master resides, setting forth the facts and circumstances of the case ; and the justices, after hav- ing duly notified the master, shall proceed to hear and determine the same. 12. After a full hearing of the parties, or of the com- bearing, and plainants alone, if the master shall neglect to appear, the cestoafford justices may order that the minor be discharged from his '"'^^^■ apprenticeship or service, and give the costs of suit against the master, and may award execution accordingly, and the minor may be thereupon bound out anew. 13. If the complaint shall not be maintained, the jus- ^'""^^"""ss . , r PI -1 where complaint tices shall award costs tor the master against the com- dismissed. plainants, 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 ^ng^agSieved' of any justices under the three preceding sections, may appeal therefrom to the Supreme Court at its next term in the county, and such appeal shall be granted and deter- mined in the same manner as in civil suits. 15. If any apprentice or servant bound as in this Chap-^P^^°*'<*^*- ter, shall unlawfully depart from the service of his master, guuty of mis- or shall be guilty of any gross misbehaviour, oi refusal to puni^hed.'"'^ do his duty, or wilful neglect thereof, any justice of the peace, upon complaint on oath made to him by the master, or by any one on his behalf, may issue his warrant to ap- prehend the apprentice or servant, and bring him before the same or any other justice ; and if the complaint shall be supported, the justice may order the offender to be returned to his master, or may commit him to the common jail for a term not exceeding twenty days, unless sooner discharged by his master. title xxii.] supreme court. 391 Chap. 89. PAET III. OF COURTS AND CIVIL EEMEDIES. TITLE XXII. OF THE VARIOUS COURTS: THEIR CONSTITUTIONS AND JURISDICTIONS. CHAPTER 89. Of 0T.crio^ o, -rn , - 1 "^ . \ directed. ouerin or Lis deputy, or to a coroner. 89. No letters ad colligendum shall be granted by the ^^^ S^^"'" judge without due security being first taken. grauted'. 90. No judge of probate shall permit an original will wuis when and .-1. ^ j_i iPji T» • i 1 now taken from to be m any case taken out ot the rrovince, or to be re- office. moved from the office but for the purpose of being pro- duced in the Supreme Court, and then only on security being takfen for its safe custody and return. 91. It shall not be necessary in any case for a party to Parties may me employ a proctor or advocate in the court of probate, but voSthdr^own every party may prepare and file his own papers and advo- '=^"'®^- Gate his own cause therein. 92. The value of an estate in reference to the fees pay- vaiaeof estates able thereon, shall be ascertained in the first instance by esttmatoiintoBt the oath of the administrator or executor to his belief of instance. the value thereof, to be regulated, however, eventually by the actual amount. 93. When the authority of an executor or administra- Previous execu- tor shall cease he may be cited to account before a judge ™c'oisor''to ac-'' of probate, at the instance of the person succeeding to the <">"°t' Co- administration of the estate. 94. The judge of probate may, on summary applica- J"<3ge may order tion, if he shall think it for the interest of the estate so to ™°blpaidby do, order any money in the hands of the executor or ad- fnto bSt.*"" ministrator to be paid into any chartered bank in this Province, to the credit of the - estate ; and when money 410 PROBATE COURT. [PART III. Chap. 90. When specific legacy as com- pensation to executor shall be in lieu of commission. Surrogate, ap- pointment, pow- ers of, &c. Jud^e may au- thorize person to administer oath in certain oases. Forms to be observed. Fire proof safes to be provided. Provisions for safe keeping, &c., of books of registry. K no assess- ment, justices to amerce. Not to conflict with Canada law. Bhall be so paid the bank shall not permit the same to be withdrawn without the order of the court of probate. 95. When any provision shall be made by any will for specific compensation to an executor, the same shall be deemed a full satisfaction for his services in lieu of any commission or his share thereof, unless such executor by declaration under his hand, filed in the court of probate, shall renounce all claim to such specific legacy. 96. A judge of probate shall have power to appoint a surrogate during any temporary absence, subject to the approval of the Governor in Council ; and such surrogate during such absence shall possess all the powers, and dis- charge the duties, of the judge of probate. 97. Where any oath prescribed by this Chapter is re- quired to be taken before a judge or registrar, and the party to make such oath lives out of the Province or more than thirty miles distant, or by reason of age or sickness is unable to appear before such judge or registrar, the oath of such pai'ty taken in writing before any person duly authorized by such judge, shall have the same eifect as if taken before the judge or registrar. 98. The forms in "the annexed Schedule shall be ob- served, as nearlj* as may be, in the court of probate. 99. ' Fire proof safes shall be provided in the several counties and districts for the preservation of the records, books, and papers of the registry. ICO. The grand jury and sessions shall provide for the custody and safe keeping of the books of registry, and see that they, with the indexes, are placed and kept in good and efficient condition ; and shall assess upon the county, with the county rates, such sums as may be necessary from time to time in the premises. 101. In case the grand jury shall not comply with the foregoing section, the justices in session may amerce the counties respectively, for the necessary amount, and may direct the mode of its application. 102. Nothing in this Chapter shall be construed to contravene or conflict with any enactment of the Parlia- ment of Canada, on the subject of insolvency, or otherwise. SCHEDULE. Form of affidavit to be annexed to any account or claim rendered hy a creditor to an executor or administrator. A. B. of- -, maketh oath and saith, that the fore- going paper writing doth contain a true and correct account of his demand against the estate of , de- ceased, and that all the credits to which the deceased was TITLE 5X11.] PEOBATB COURT, 411 honestly and justly entitled, so far as deponent believes, Chap. 90. have been given on said account ; and that the balance of ■ is justly and truly owing to deponent. Sworn before me at , this ) day of , A.D.I 8—. f A. B. Citation. Nova Scotia. County of , SS. To A. B. of , in the County of , Greeting : Whereas, A. B., executor [or administrator, or other per- son interested, as the case may be,] hath prayed that you may appear and [here state in short form the object,'] you are therefore required to appear before me at a Court of Probate, to be held at , within and for the said County, on the day of next, to [here state in short form the object.] Given under my hand and the seal of the said Court, this day of , 18 — . C. D., Judge of Probate. E. F., Kegistrar of Probate. Attachment. Probate Court. County of , SS. To the Sheriff of . Greeting : You are hereby required to attach by his body, if found within your bailiwick, and him safely keep, so that you may have his body before me at m}'^ office in , on the day of next coming, to answer con- cerning 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 appearing, for refusing to testify before me] in a certain matter lately pending before me as a Judge of Probate for said County, and have then there this writ. Given under my hand this — - day of , 18 — . C. D., Judge of Probate. E, F., Registrar, Uxecution. Probate Court. County of , SS. To the Sheriff of the said County of ■ Greeting : You are hereby required [or in case it be an alias execu- tion, as before,] to levy of the goods and chattels of , 412 PROBATE COURT. [PART III. Chap. 90. ■^^^i^hin 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 ofiice in , within thirty days from the date hereof, to be rendered to the said , and tor want of such goods and chattels whereon to levy you will take the body of the said , and him safely keep until the said sum and your costs of levying this execution be paid, and make return thereof within thirty days from the date hereof. Given under my hand this day of , 18 — . 0. D., Judge of Probate. E. F., Registrar. Warrant of appraisement. Nova Scotia. County of , SS. To A. B., &c. Greeting: You are hereby appointed and empowered to take an inventory of all the real estate, goods, chattels and credits, ot which , late of , in the County aforesaid, died seized or possessed within the Province, and accord- ing to your best skill and judgment truly to appraise the same, which, when completed, you are to deliver to the executor or administrator of the said deceased, to be re- turned together with this warrant, in three months from the date hereof. Given under my hand this day of , 18 — . C. D., Judge of Probate. E. P., Registrar. SS. The above named appraisers personally appeared before me, and made oatli that they would faithfully and impar- tially perform the services, to which they are appointed by the above warrant. Bond on appeal,. (The bond to be taken for dollars, payable to the Judge of Probate in the same manner as administration bonds, and conditioned as follows :) Whereas the above bounden hath appealed from the decision of the Judge of Probate, made in a certain matter now pending before the said Judge : Now 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 XXII.] PROBATE COURT, 413 order and direct, then this obligation to be void, otherwise Chap. 90. to remain in full force. '- — Signed, sealed and delivered in the presence of • } Administration bond. Know all men by these presents, that we, A. B. C. D., and B. F., all of , in the County of , are held and firmly bound unto , Judge of Probate for the County of , in the sum of , to be paid to him or his successors in office, for which payment we bind ourselves, our and every of our heirs, executors and ad- ministrators, jointly and severally by these presents, sealed with our seals, and dated this day of , 18 — , The condition of this obligation is such, that if the above bounden A. B., Administrator of the goods and effects of , deceased, do make a true inventory of the goods and effects ot the deceased which have or shall come to the possession or knowledge of the said A. B., and the same do exhibit into the Registry of the Court of Pro- bate for the County ot — ^ , 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 adminis- ter according to law, and further do make a true account of his administration, on or before the day of , in the year of our Lord one thousand eight hundred and ; and all the residue of the said goods and effects which shall be found remaining upon the said Administra- tor's account, the same being first examined and allowed by the Judge of the said Court, shall deliver and pay unto such persons respectively as the Judge by his decree shall appoint ; and if the said A. B., Administrator, shall per- form all orders and decrees made by the Court, touching the goods and effects of the deceased, and if it shall here- after appear that any last will was made by the deceased, and the same be proved and allowed by the Court, then if the above bounden A. B., being thereunto required, do deliver the said letters of administration to the said Judge, or his successor in office, then this obligation to be void. Signed, sealed and delivered ) in the presence of . j Bond on sale of real estate. Know all men by these presents that we [aa in adminis- tration bond.] Whereas, license has been granted by the above named 414 MAGISTEATBS IN CIVIL CASES. [PART III. Chap. 91. Judge of Probate to the above bounden Executor of the last will and testament [or Administrator of all and singular the goods, chattels, credits and estate, as the case may be,'] of , deceased, to sell [or lease or mortgage, as the case may be,] the real estate of the said deceased for payment of his debts and legacies : Now the condition of this obliga- tion is such, that if the said A. B., Executor [or adminis- trator] as aforesaid, shall faithfully apply all moneys arising from the sale [lease or mortgage] of any of the real estate of the said deceased, or otherwise from the rents and profits thereof, in payment of the debts or legacies of the deceased, agreeably to law, and shall truly account for the same in his administration account, before the Court of Probate for the County of or other court of compe- tent authority in that behalf; and shall pay any surplus moneys which may beTound remaining in his hands tipon such accounting uito such person as the Court of Probate for the said County of or other court of competent authority in that behalf shall by decree appoint, then this obligation to be void. Signed, sealed and delivered ) in the presence of . j CHAPTER 91. OF THE JURISDICTION OP JUSTICES OF THE PEACE IN CIVIL CASES. Jurisdiction of 1- 1° actious for debt, where the whole dealing or l2°o^'of twJTus- cause of action does not exceed twenty dollars, one justice. tices$8o. and where the whole dealing or cause of action exceeds twenty dollars and does not exceed eighty dollars, two justices of the county wherein the fdefendant resides, shall have jurisdiction ; and they shall have power to sue ex- ecutors or administrators. Suit, how con- 2. The Buit may be conductod and the amount collect- ducted. Q^ upon the same rules in a summary form, and subject to a like defence, as if the suit were brought in the Supreme Court. Jury in cases 3. When the wholo cause of action exceeds twenty oTer$2o. dollars and does not exceed eighty dollars, either party may obtain a jury by applying to the justices therefor at least Particulars of two days beforo the return day of the process. No justice fiWd'tefore'"''*' shall issuo any writ of summons or capias, unless the party writissues. applying therefor shall file a statement in writing contain- TITLE XXII.] MAGISTRATES IN CIVIL CASES. 415 ing the particulars of his cause of action, or of the promis- Chap. 91. Bory note or other instrument on which he is suing, a copy " of which shall be furnished to the defendant by the justice if required. When final iudgment shall have passed Jo'eftifi™, 11 , t 1 • 1.1111 final judgment, thereon, the statement, note, or otper instrument shall be &o. filed with the justice, and in cases of appeal shall be trans- mitted with the other papers in the cause. 4. A. statement in writing of the particulars of the Particulars an- plaintiff's claim, shewing both debts and credits, shall be mons. annexed to the original summons ; and a copy thereof, to be prepared by the justice issuing the writ, shall be an- nexed to the copy of such summons, and served there- with. 5. All writs shall be directed to and ba served and S'a'kT *"" executed by a constable of the county wherein the writ is served. made returnable. 6. A copy of the summons or capias shall be delivered copy of sum- to the defendant at least five days, when the amount is uvered'to d'e- *' under forty dollars, and when above forty dollars, ten days f^""**"'- before the return day thereof; and the constable serving tlie same shall, if required, explain such writ to the defen- dant. A notice in the form in the Schedule, requiring the defendant to fyle his set-off, if any, shall be endorsed on the summons or capias and copy. 7. The constable shall make return of such writ, with Betum of writ, his doings thereon, on or before the return day, and if •'"^ """i^- required by the justice shall make an affidavit of the manner in which he has served the same, and the date of such service. 8. When the defendant does not personally appear, the Affidavit of ser- justice shall not proceed in the cause, unless the constable whlJ^defendant shall make an affidavit that he has delivered a copy of i"^ -"t ''pp^"- such writ, with a statement in writing of the plaintiff's particulars annexed, to the defendant, and, if by the de- fendant at the time of service required so to do, that he explained the contents thereof to the defendant. 9 No person shall be arrested for a debt under four Joj^p'^^ for "• r 11, 1 .1 rr' 1 •, L ■ '!«''•' under four dollars; nor for any debt, unless the affidavit contain an douars. nor for allegation that the plaintiff verily believes that unless such un^e'i^''pe"S!r' writ be granted the debt will be lost, and that he verily affidavit. believes the defendant- is about to leave the county. 1 0. No female or minor shall bo arrested on a writ of flem^'pli'from'""' capias issued by a justice. _ ^m^^- 11. Any person arrested on any such writ shall be Persons arrested admitted to bail by the officer in the same manner as in "'™"''^*°''*"' other cases of arret't ; but in case the party arrested shall be committed to jail, the constable who committed him, or the Sheriff, on demand of the prisoner, shall take him before the justice or justices, when and where the cause 416 MAGISTRATES IN CIVIL CASES. [part III. Chap. 91. Present dui-ing trial. Discharged on perfecting ap- peal. Constable's fees of travel. Escape: when sheriff not liable. Causes, when tried. Continued by justices if ni sary. Jury, how sun mooed. Fine for non-at- tendance qf juror. Jurors, how sworn ; proceed- ings until ver- dict. is to be tried as often as may be necessary for the trial of the cause, that he may be present during such trial, and attend to the same, and shall have him in his custody during such time ; and the constable or other officer so conveying him shall, if judgment be against him for any sum, unless he shall forthwith pay the same , re-convey him to jail : but should the party so arrested appeal from any judgment, he shall, on perfecting his appeal, be forth- with discharged from prison. The constable or other officer so conveying him shall be entitled to ordinary con- stable fees per mile travel, to be taxed in the costs on judgment against the unsuccessful party ; and the Sheriff shall not be liable for any escape of the party while out of his actual custody under this section. 12. All causes shall be tried between the hours of ten o'clock in the forenoon and six o'clock in the afternoon of the day on which process is made returnable. 13. When from the number of causes to be tried a cause cannot be heard and determined within the time specified in the next preceding section, or when sufficient cause on affidavit is shown, the justice may continue the cause till some further time, not exceeding thirty days, upon such terms as to costs, security, or otherwise, as he may deem right ; of which continuance he shall notify the •parties, plaintiff and defendant. 14. When a jury has been demanded, the justice shall issue a venire, directed to a constable not being of kin to either party, or interested in the suit, commanding him to summon a jury of three persons qualified to act as petit jurors from the township or place wherein the action is to be tried, to appear at the time and place therein to be specified. 15. Any juror so summoned who shall neglect to ap- pear, and shall not show to the justices some sufficient excuse therefor, shall forfeit one dollar, to be levied by warrant of distress upon his goods ; such warrant to be issued by the justices upon the oath of the officer that he had summoned the juror at least tweuty-four hours before the time appointed for his appearance. 16. The jury shall be sworn by one of the justices in open coftrt " well and truly to try the cause according to the evidence;" and the evidence of the witnesses produced shall be made and delivered in the hearing and presence of the justices and jury so empanelled ; and having heard the directions of the justices, the jury shall, if they require it, retire to some convenient room under the charge of some constable, or, in case no constable shall be in attend- ance, such other person as shall by such justices be ap- pointed for that purpose, who shall be sworn " to keep auoh TITLE XXII.] MAGISTRATES IN CIVIL CASES. 417 jury together, and not to suffer any one to speak to them, Chap. 91. nor to speak to them himself, without leave of the justices ;" and when agreed, the jury shall return their verdict, where- upon judgment shall be given accordingly. 17. Either party may challenge for cause any of the challenge for J Til 1 11 1 11 J f ii • cause ; jury how jurors, and it the challenge be allowed, or any ot the jurors mied up. do not appear, the justices shall direct the constables forth- with to summon any person duly qualified, and not liable to be challenged, to fill up the jury. 18. Iq all cases under this Chapter, whether the defend- Proot on oath of 1 1 1 • •«■' 1 1 one witness, ant appears or not, and the plaintifl s demand or cause ot .where action not action is not confessed by the defendant in person or Jq"""^^® • writing under his hand, the same shall be established on the oath of one witness. 19. The plaintiff shall not be permitted to give evidence Plaintiff's proot conuDfiu, to of" anything not contained in the statement filed by him statement eied. previous to the issue of the writ. 20. A defendant who intends to rely upon a set-off shall Defendant to aie „, , . , p ,..■'. ^ . , . or serve set-ofC Ble the same with one ot the justices issuing the writ, or two days before serve it on the opposite party, at least two days before the '* °™'' '"'^ return day of the summons and before trial ; and he shall be precluded from giving in evidence by way of set-off anything not contained in the statement. The justice, if required, shall furnish the plaintiff with a copy thereof. 21. Whenever the defendant shall establish a set-off" defendant IT 1 iiii'*rt. P^'° ^ e set-off equal to or exceeding the demand proved by the plaintm, equal to or ex- or any other sufl3cient defence thereto, the defendant shall tiffs'demand have judgment : if the set-off be less than the plaintiff's SacJorli' demand, the plaintiff shall have judgment for the residue i°giy- only with costs ; and it the set-off exceeds the plaintiff's deniand as proved, and the whole amount of such set-off do not exceed eighty dollars, the defendant shall, in that case, have judgment for such excess. 22. When it shall appear that the defendant had ten- ^^f^^^^^^^^^ dered the amount due before suit brought, such defendant amount paid in, may before the trial pay the same into the hands of the deSant.'"'' justice, and shall thereupon be entitled to his costs, which shall be deducted by the justice out of the money so paid into his hands. 23. The party succeeding shall in all cases be entitled costs. to his costs. 24 Where iudgment has been awarded, the justice or Execution, how .' . , "^1 ii -i i. ■ J J ■ r iL issuedinoase ot justices before whom the suit was tried, and in case ot the death, &o.,ot death, resignation, or removal of such justice or justices, ^'''"°*- any other justice, and when such cause has been tried before two justices, in case of the death, resignation or removal of one of them, the remaining justice, shall issue execution against the goods and chattels, and for want 26 418 MAGISTRATES IN CIVIL CASES. [PART III. Chap. 91. Return of execu- tion. Execution not to issue after one year except in certain ct ses. Duty of consta- ble in levying execution on per- sonal property. Sale, how con- ducted; return of execution ; money to whom payable; ad- journment of sale; goods un- sold to be re- stored. Constables not to purchase. For want of goods, party committed. Appeal, and manner of pro- ceeding thereon. thereof against the body of such person, for the sum awarded, with costs. 25. Ail executions shall be made returnable in thirty days. 26. No execution shall issue after the lapse of one year from the time of giving judgment ; unless it shall be made to appear by affidavit that a balance is still due thereon, and that due diligence has been used to levy the same, in which case further executions may issue for the balance at any time within four years after the rendering of the judgment. 27. The constable to whom the execution shall be de- livered shall proceed forthwith to levy for the sum due, and shall take sufficient goods of the party against whom the execution is issued to satisfy the same, and shall cause an advertisement, describing the goods taken, and specifying the time and place of the sale, to be posted up in two or more public places in the township or place wherein such sale is to be held, at least five days before the time appointed for such sale. 28. At the time and place so appointed, if the amount remain unpaid, the officer acting therein shall sell the goods at auction to the highest bidder, and shall forthwith return the execution, with his doings thereon, to the justice who issued the same, and pay the debt and costs levied thereon to the plaintiff or his agent duly authorized, .after deduct- ing the fees of levy and sale, returning the surplus, if any, to the person against whom the execution issued or his agent duly authorized, or, in his absence, to the justice for the use of such party ; and if the goods shall remain unsold for want of buyers, the constable may adjourn the sale for any period not less than twenty-four hours nor more than six days, and may in such case proceed to advertise anew, and sell the same after the return day of the execution. Immediately after such sale he shall make return and pay- ment as above specified ; and whatever goods remain un- sold after satisfying the execution and expenses, shall be restored. 29. No constable shall, directly or indirectly, purchase any goods at any sale made by him under this Chapter ; and every such purchase shall be absolutely void. 30. For want of goods whereupon to levy, the constable, unless otherwise directed, shall commit the person against whom the execution is issued to jail. 31. In case of an appeal the appellant, or, in his absence, his agent, before the appeal shall be allowed, shall make an affidavit in writing that he is dissatisfied with the judgment and feels aggrieved thereby, and that such appeal is not prosecuted for the purpose of delay, and shall file the same TITLE XXII.] MAGISTRATES IN CIVIL CASES. 419 with the justice ; and the party so appealing, or in his ab- Chap. 91. scence his agent, shall, within ten_days after the judgment, enter into a bond with sufficient surety in a penalty double the amount of the judgment, with a condition that the ap- pellant shall enter and prosecute his appeal and perf^irm the judgment of the court, or render tlie body of the appellant and pay the costs accruing on the appeal ; or shall before the first day of the term of such court pay the amount of the judgment together with all costs thereon subsequently accruing, Rud such justice, or if the action be before two justices then the first one applied to therein, if thereto re- quired, shall prepare the affidavit and appeal bond ; which appeal, if apu lied for at a nv time within ten davs " after judgment in such cause, tsuch 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 execu- tion, if not issued when the appeal is applied for, and the appellant or his agent shall make or be ready to make the affidavit, shall be stayed: but in such case, if the defendant have given bail, his bail shall continue liable, notwith- standing his personal appearance, until they shall render him, or he shall give an appeal bond within the ten days herein prescribed ; and if execution has issued before the appeal is applied for, it siiall be stayed on the same being perfected, on the order of the issuing justice to be granted at the instance of the appellant and duly served upon the constable. 32. The sureties to the appeal bond shall have the sureties may power to render the appellant ; and the Sheriff shall be f^nt^*^ '*''^°'" bound to receive him at any time after the trial de novo, in the same manner as defendants are now rendered by bail to a capias issued out of the Supreme Court. 33. The judge before whom the trial de novo shall take Parties confined place shall confine the parties to the particulars and set-off *°"^"'* "*°' filed before the magistrate, and shall permit no amendment therein. 34. In case of appeal the justice, unless he shall receive justice to return a notice in writing signed by both parties or their agents thonote^fun- to the contrary, shall return to the Prothonotary of the Su-^f^^yg™?™' preme Court, before the opening of the Court on the first -miting. day of the next term in th« county, all papers in the cause, with a transcript of the judgment, and the affidavit and bond whereon the appeal was allowed. 35. Any constable neglecting to serve or make return Kne for con- of a writ of summons or capias, besides being liable to an f^^'to return' action on the case for any damage that may have been '^i'' sustained, shall forfeit four dollars. ^^I 36. Any constable neglecting to return an execution Fine and pro- for the space of ten days after the return day thereof, raLSIi^e-'^^ 420 MAGISTRATES IN CIVIL CASES. [part III. Chap. 91. gleets to return execution. Btipendiary magistrate s j urisdiotion. Process, liow issued, &c. Forms. unless with the consent of the party in whose favor it was " issuecl, or to pay over within five days the moneys received thereon, or to pa}' the surplus, if any, on demand, shall forfeit four dollars, and may also be sued in an action for money had and received ; and the justices shall have juris- diction though the sum exceed forty dollars. 37. SLipendiary magistrates shall severally within their jurisdictions have and exercise all the powers and juris- diction conferred by this Chapter on two justices of the peace. 38. All writs of summons, capias, subpoena, and venire shall require but one seal, and the same, as well as all ex- ecutions in cases before two justices, shall, where practi- cable, be prepared by the justice first applied to in the suit. In all cases the capias shall, where practicable, be endorsed by the justice first applied to, who is to prepare the affidavit also. In all suits triable before two justices, the summons and capias shall be signed by two justices, and the execu- tion in such case shall have two seals, and shall, where practicable, be signed by tlie two justices who issued the mesne process and tried the cause. Writs of subpcena and venire and subpcena tickets shall be signed by one jus- tice only : all affidavits shall be taken before, and all oaths under this Chapter shall be administered by one justice only ; and, in all suits before two justices, all acts required to be done by one justice only, shall, where practicable, be had and done by and before the justice first applied to, who is to be the keeper of all papers in the cause, and to make return of the proceedings therein in cases of appeal. 39. The forms shall be as in the Schedule. SCHEDtTLB. Summons. County of , SS. To any of the constables of the said County : You are hereby required to summon A. B., of , to appear before , at o'clock in the at -, on the day of - noon, to answer to C. D. in the sum of — the said day. Witness ■ -, and to make return thereof, on or before hand and seal the ■ day of 18- E. P., J. P. (Seal.) G. H.,J. P. (Seal.) Notice to he endorsed^ on\the summons or capias. Take notice that unless forty-eight hours before the re turn day of this summons, {or capias as the case may be,) you file the particulars of your set-off to the plaintiffs claim with the magistrate issuing the writ, you will not be permitted to give evidence of any such set-off. TITLE XXII.] MAGISTRATES IN CIVIL CASES. 421 n ■ Chap. 91. County of SS. To any of the said constables of said County ; _ You are hereby required to take A. B. of , and him safely keep, so that you may have him before at on the day of at o'clock, in the noon, to answer to C. D. in the sum of , whereof fail not. and to have there then this writ, with your doings thereon. Witness hand and seal at the day of . 18—. E. P., J.P. (Seal.) G. H.. J.P. (Seal.) Note. — On the back of the capias, and copy thereof, be- sides the above notice, to be endorsed the sum sworn to in words at length, as fellows : By oath for the sum of E. P.,J.P. Affidavit to obtain a capias. A. B. of , in the County of , maketh oath and saith, that C. D. is justly indebted to the deponent in the sum of after giving full credit, to the best of deponent's knowledge or belief, for all payments or ofisets ; that the cause of action does not exceed eight}' dollars ; that deponent verily believes that unless a writ of capias be granted the debt will be lost ; and also that he verily believes that the said C. D. is about to leave the county. A. B. Sworn at , the day of , before me. E. F., J. P. Execution. County of , SS. To any of the constables of the said County : Whereas judgment hath been awarded against C. D., of — , at the suit of A. B., for the sum of and more for costs : These are therefore to command you to levy from off the 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, \or where there is a lock-up house or other place of confine- ment in any county nearer the residence of the party to he arrested, insert the name of it in place of the Jail,] in , tlie keeper whereof is required to take the said C. D. into his custody, and him safely keep until he pay the 422 MAGISTRATES IN CIVIL CASES. [PAKT III. Chap. 91. sum above mentioned, with your fees and jailer'.? fee, or ' ■ that he be discharged by the said A. B. or otherwise by due course of law. Whereof fail not, and make due return of this writ with your doings thereon to within ■ days. Witness hand and seal the day of -, 18-. E. F., J. P. (Seal.) G.H.,J. P. (Seal.) Subpoena. County of , SS. To J. K., L. M., N. 0. and P. Q. [according to the number.'] You and every of you are required to appear at , on the day of , at the hour of o'clock, in the noon, to give evidence on the part of the [plaintiff or defendant, as the case may be] in a suit now depending between A. B., plaintiff, and C. D., defendant, and then and there to be tried, which you are not to omit under penalty of the law in such cases made and provided. Dated the day of , 18 — . E. F., J. P. (Seal.) Subpoena ticket for each witness. ( A. B., plaintiff. Between I and ( C. D., defendant. J. K. is required to give evidence in this suit, on the part of the [plaintiff or defendant, as the case may be] at , on the day of , at o'clock, in th& noon. Dated the day of , 18 — . Venire. E. P., J. P. County of , SS. To any of the constables of the said County : You are hereby required to summon three persons duly qualified to sit as jurors, who are not of kin to either of the parties, to come and be present at , on the day of , at o'clock, in the noon, to make a jury between , plaintiff, and , defendant. Dated the day of , 18 — . E. F.,J. P. (Seal.) RETURNS TO WRITS. To a summons. The within process was duly served on the said C. D. on the day of by me. O. P., constable. TITLE SXII.] MAGISTRATES IN CIVIL CASES. 423 If required, the following affidavit to be made by the Chap. 91. officer serving the process : " 0. P. of — ; in the County of , maketh oath and saith, that he did on the day of personally serve the defendant in the annexed process nanued, with a true copy thereof, and at the same time acquainted with the contents thereof. 0. P. Sworn before me at , the day of , 18 — . E. P., J. P. 'lo a capias. The within named defendant was arrested and served with a copy of the within process on the day of , and was admitted to bail by me. 0, P., constable. To a venire, 1 have summoned the within jurors as jurors for the trial of the within cause, namely ; G. H., J. K., L. M., and N. 0. 0. P., constable. To an execution. I have levied the debt and costs as within directed. 0. P. constable. For want of goods and chattels whereon to levy, I have taken the body of the within named C. D. and committed him to 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 or chattels, or the body of the said C. D. 0. P., constable. OATHS TO BE ADMINISTERED TO WITNESSES, JURORS AND CONSTABLES ON TRIALS. Witnesses, The evidence you shall give to the court [or to the court and jury sworn] touching the matter in question, shall be the truth, the whole truth, and nothing but the truth. So help you God. 424 magistrates in civil cases. [paet m. Chap. 91. Jurors. You shall well and trul}' try this cause behveen A. B., plaintiff, and C. D., defendant, and a true verdict give according to the evidence. So help you God. Constable or other person appointed to attend jury. You shall keep every one of the jury sworn, and now about to make up their verdict, in some convenient place ; you sball not suffer any person to speak to them, nor sliall you speak to them yourself, except it be to ask if they are agreed on their verdict, without the leave of the court. So help you God. Bail bond on capias. Know all men by these presents that we [names, places of residence, and prof essions or callings of the defendant and his 6aiZ,] are held and firmly bound unto [name of the plaintiff in the suit, adding his place of residence and profession or calling'] in the sum of [twice the amount sworn to and en- dorsed on the capias] to be paid to the said [name of the plaintiff,'] his certain attorney, executors, administrators or assigns, for which payment we bind ourselves, and every of us by himself, our and every of our heirs, executors and administrators, firmly hy these presents, sealed with our seals, and dated the day of , 18 — . The condition of the foregoing obligation is such that if the above bounden [the defendant] shall appear before [name the justice or justices issuing the capias] on the day of , [insert the day appointed for the trial] to answer to the suit of the above named [name the plaintiff] in the sum of [here insert the sum sworn (Seal.) . ) (Seal.) Affidavit to he made by the party appealing. In the Court before [name the justice or justices before lohom the trial was had,] Justices of the Peace. ( A. B., Plaintiff, Between -< and ( C. D., Defendant. A. B., [the party making the appeal] of , in the County of , the above named [plaintiff or defendant, as the case may be, or if the party for whom the appeal is made be absent, say agent for the above named plaintiff TITLE XXII.] MAGISTRATES IN CIVIL CASES. 425 or defendant, as the case may he,'] maketh oath and saith Chap. 91. that lie is really dissatisfied with, and feels aggrieved by, the judgment given in this cause, and that he does not a{)peal theretrora for the purpose of delay, but that justice may be done therein. Sworn at , the ) To be signed by the party day of , V appealing, or in his ab- 18 — , before me, j sence, the agent. , J. P. Bond to be given on appeal being made. Know all men by these presents, that we, A. B., C. D., and E. F., [names of the appellant if he be present, or if absent, of the agent, and the sureties, with their places of residence] are held and firmly bound to 6. H. \{he party against whom the appeal is allowed] in the sum of Idouble the amount of the judgment, debt and costs,] to be paid to the said G. H., his certain attorney, executors, administra- tors or assigns, for which payment we bind ourselves, and every of us by himself, our and every of our heirs, ex- ecutors and administrators, firmly by tljose presents, sealed with our seals, and dated the day of — '■ , 18^. . Whereas a certain cause between the above boundea A. B. [if the party appellant be the principal 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 appel- lant] was [plaintiff or defendant, as the case may be] tried before [name the justice or justices before whom the trial was made] Justice of the Peace for the County of , on the day of , and judgment was given in favor of the said G. H. for the sum of , debt and costs, and an appeal therein hath been demanded on behalf of the said [name the party appealing]: Now the condition of the above obligation is such that if the said [name the appellant] at the next sitting or Term of the Supreme Court for the County of [name the county Jn which the cause was tried] shall duly enter and prosecute his said appeal, and shall proceed therein to final judgment, and shall abide by and fulfil the judgment of the said Court to be given in such appeal, or render the body of the appellant and pay the costs accruing on the appeal, or shall previous to the first day of the sitting of such Court pay the full amount of judgment in such cause, together with all costs subsequently accruing thereon, then the above obligation to be void. Signed, sealed and delivered, 1 A. B. (Seal.) in the presence of > 0. D. (Seal.) . j E. F. (Seal.) 426 Chap. 92. JURIES. CHAPTER 92. [part III. Qualification of grand jurors. Qualification of etit jurors. OP JURIES. 1. Every person not hereinafter exempted, or who may not otherwise by law be exempted, who shall have resided twelve months within the county, and shall, if within the County of Halifax, hold a freehold est-^te in such county ot the yearly value of one hundred pnd twenty dollars, or be possessed ot a personal estate of the value of two thou- sand dollars, or, if in any mlier county, hold a freehold estate of the yearly value of sixty dollars, or be assessed for county rates in respect of real or personal property or both, of the value of one thousand dollars or upwards, shall be qualified to serve as a grand juror for such county, 2. All persons not hereinafter exempted, or who may not otherwise by law be exempted, whether liable to serve as grand jurors or not, who shall have resided twelve months within the county, and shall, if in the county of Halifax, own property within the county to the value of eight hundred dollars or upwards, or if in anj' other county be assessed for real or personal property or both, of the value of five hundred dollars or upwards, shall be qualified to serve as petit jurors for such county. f|rao™exempt- 3, The members of the Executive and Legislative onjm^s'^"""^ Councils and of the House of Assembly, and the officers thereof while in session, the clerks employed in the offices of the Provincial Secretary, Treasurer, Attorney-General, Commissioner of Public Works and Mines, and Commis- sioner of Crown Lands, Judges and Registrars of Probate, the Superintendent of Education and the clerk in his office, resident officers and other employes of the Nova Scotia Hospital for the Insane while actually engaged as such, Registrars of Deeds, officers of Her Majesty's Courts, Justices of the Peace, members of the Corporations of the City of Halifax and towns of Dartmouth and Pictou, the officers composing the staff of the army, the clerks belong- ing to the several departments of the army, the officers and clerks belonging to and laborers employed in the Naval Yard, naval hospital establishment, the victualling estab- lishment, and Her Majesty's Ordnance, or the departments of the Customs, and Excise, and Post Office, and provincial railroad ; ministers, attorneys, phj'sicians, surgeons, keep- ers of light houses, licensed ferrymen, teachers of acade- mies, licensed schoolmasters, mail couriers, engine men and firemen, sworn electric telegraph operators, persons under twenty-one and above sixty years of age, and the cashiers or accountants and tellers actually employed in the several TITLE XXII.] JUEIES. 42T banks, shall be exempted from serving on juries ; and no Chap. 92. person shall be liable to serve on grand or petit juries more jm-ors ouiy lia- than once in three years respectively, unless in cases where we to serve onc& _ iiii-^i/i'^. 1., in ttiree years. a new summons shall be issued for jurors to supply the place of jurors not attending as hereinafter directed. 4. The sessions shall once in every alternate year from committee to re- among their number appoint a committee of not less than ™"J'"7''sts. three 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 Duty ot revising access to all public papers and accounts, and shall prepare """'"" ^®" - and revise the lists, and shall transmit copies thereof to the Protho notary. 6. The General Sessions for the County of Halifax l^'f jP^^^"',?] shall, in addition to the committee of justices to prepare county!" lists of grand and petit jurors, appoint biennially a com- mittee to prepare and' revise a list of not less than two hundred special jurors, well qualified to act as special jurors in the Supreme Court at Halifax ; and the names of such jurors shall be placed in a separate box in the usual man- ner, and all special juries ordered by the Court shall be drawn therefrom. 7. Except as hereinafter otherwise provided, every counties or ses- , '■ • 1 J ■ i. • J. 1 i. • J • • 1 1 • i sional districts county or sessional district wnere a county is divided into to be divided, districts, shall continued to be divided into eight sections '°'° sections. arranged by the court of general sessions ; such sections to contain, as nearly as possible, an equal amount of popula- tion ; and the committee appointed by such sessions shall return separate lists of the persons qualified to serve as grand jurors. 8. The lists shall be valid if a majority of the justices Ksts valid if appointed shall act in the compilation or return thereof. ™mmitteeaot. 9. The list of grand jurors shall contain all the Christian Lists of grand names, or one or more of the initials thereof, and the sur- tafn'names, ad- names, of all those qualified to serve as grand jurors, their '*'"™^' **• places of residence, trades, callings or employments, and whether senior or junior, or any other appellation by which they may be usually called or known. 10. The list of petit jurors shall contain all the Christian Ksts of petit names, or one or more of the initials thereof, and the sur- tS'cuSa!"'* ^*"^ names, of all those qualified to serve either as grand or petit jurors, their places of residence, trades, callings or employments, and whether senior or junior, or any other appellation by which they may be usually called or known. 11. When the list of jurors shall have been completed °°P^^^»^-Jp°jy_ by the committee, a copy alphabetically arranged shall be ed; notice to b& 428 JURIES. [part III. Chap. 92. ffiven thereon, &o.; errors or omissions in. Corrected lists furnished to prothonotary, -effect of omis- sions. &c. Iiists of persons to be struck off -or added. Lists to be post^ ed in prothono- tary's office; names drawn to be marl£ed. Remuneration to committee revising lists. Improperly in- serting or ■omitting names in lists. &c. When jurors not drawn for 'dso' ,,,„, ,. ,, I • grand lury may thirds of the grand jurors present at any general sessions make present- of the peace shall have power to make presentments and ™™'*- transact all other county business ; provided that no grand Proviso, jury shall be composed of less than thirteen members. 32. In any civil cause, information, or indictment court mayorder for a misdemeanor, the Gourt, upon motion, may order.upon'motiioa. a special jury for the trial thereof upon sufficient cause shewn on affidavit; and the Gourt may order a special jury for the assessment of damages upon similar motion in cases where the assessment is to be made before them, and the Judge may, at the final taxation of costs, order which party shall pay the cost of such special juries, inclu- ding the costs of travel of such jurors. 33 When special juries are ordered the Prothon^itary spedai juries, . ,,' , , . ."^ . •' /. ,1 i'i. • u • • •! now drawn, &c. shall draw thirty-six names from the petit jury box in <^ivu cases and forty-eight in cases of information or indictment for misdemeanor, setting aside the names of any persons then serving as grand jurors ; and th"? nu-mber having been 432 JURIES. [part in. Chap. 92. Petit juries; panels of. Petit juries for sittings at Hali- fax. Second panel for Halifax sittings, how drawn, summoned. &c, Extra panel of jurors for Hali- fax, What counties to have each two panels at their long terms re- spectively. reduced to eighteen in civil cases, and to twenty-four in cases of information or indictment, in the usual manner, they shall be summoned at least forty-eight hours before the time appointed for their attendance : Provided that nothing in this section shall be construed to conflict with the provisions of section 6 as to the County of Halifax. 34. There shall be returned a panel of twenty-four petit jurors to each short term in the county, and two panels ot twent_y-four petit jurors each, to each extended term in those counties where the term can be so extended. In Halifax the panel shall consist of thirty-six jurors. 35. There shall be two panels of jurors drawn and sum- moned for each sittings at Halifax, the first whereof shall be summoned for and bound to attend on the first Wednes- day 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 panels shall so continue to attend by alternate weeks until the termination of the sittings. 36. At each term of the Supreme Court at Halifax, the Prothonotary in open court, in addition to drawing the number of names as by the last section is directed to form the ordinary panel of petit jurors, shall also draw from the petit jury box a number of names to form a second panel of thirty-six petit jurors, for the trial of criminal causes at the tiien ensuing sittings, and the same course shall be pursued in preparing and signing the lists thereof, and in. issuing and delivering writs of venire facias therefor, and in summoning such jurors, as is directed with respect to the first mentioned panel of petit jurors in and by the next preceding section. All jurors required to attend such sittings shall be subject to the penalties for non-attendance by this Chapter established. 37. The judges shall have power to direct that an extra panel of petit jurors shall be drawn at any sittings in Ha- lifax before a judge in open court, in the manner herein- before appointed, who shall be summoned for and bound to attend at such time and for such period as shall be pre- scribed in the order therefor, and who shall be subject to the same fines for non-attendance, and be entitled to the like immunities and to the same fees and compensation as are provided in respect of other petit jurors; and such extra jurors shall be competent to try both civil and crimi- nal causes under the direction of the judges. 38. There shall be two panels of jurors drawn and sum- moned for those counties in which the term extends beyond TITLE XXII.] JURIES. 438 one week, except the Counties of Antigohislie and Chap. 92. Queens ; the first of which panels shall be summoned for " and bound to attend on the first day of the term and thence until the succeeding Monday, and the other shall be summoned for and bound to attend on the first Monday of such term, and thence until the termination of the sit- tings, except in the County of Pictou, where the first panel ^ shall be summoned for and bound to attend on the first day of the term and thence until the succeeding Thursday, for which day the second panel shall be summoned and bound to attend thence until the termination of the sittings. 39. A jury impannelled for the trial of a cause which j^'V'y™?*''"!'- shall go over the time specified for the attendance of such be discharged, jury, shall not on that account be discharged. 40. The whole panel of jurors shall be called on the ^"i!"^' "> ^| first day on which they are bound to attend, and before day, absent any cause to be tried by a jury shall be proceeded in; and^"™"^"""^' all jurors not then in attendance shall be fined. 41. When the second panel shall not have been called ^^^"'J.Pf^^Jjj,^ upon to serve as a jury, their names shall be returned into returned as not 4.1: u T i. ] drawn. the boxes as it not drawn. 42. If a sufficient number of grand or petit jurors do ^o™ttendiS'™to ■not attend, or if it is probable that a sufficient number may be returned to not attend, the names of those who do not attend shall be summTned" 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 Sherifi' immediately to summon those whose names have been so drawn to attend forthwith. 43. Any grand juror who, having been duly summoned, jnabiliior''non- shall not attend, shall be fined not less than two nor more attendance. than eight dollars for each day's neglect. 44. Any petit or special juror who shall not answer to ^j'°.^^^J '"'^"'^'^ his name when called, and by the affidavit of the Sheriff shall appear to have been duly summoned, shall forfeit his day's pay, and for each day's absence shall pay a fine of two dollars. 45. All fines for Hon-attendance of jurors shall be levied rflTiiow^'hiin by warrant of distress; such warrant shall be made out and !» whom and delivered by the Prothonotary to the Sheriff immedi-^"^* ately after the calling of the jury each day^ or at such other time as the Court may order ; and the Sheriff shall proceed at once to enforce the same, and shall forthwith return to the Prothonotary a statement of all fines received by him, which statement shall also set forth the reasons why such fines, if any, have not been collected ; and the Sheriff shall at the same time pay over to the Prothonotary the full amount by him received, deducting five per cent., and the Prothonotary shall immediately lay such statement before the Court, if then sitting, or otherwise at the next 27 434 JURIES. [part III. Chap. 92. term thereof in the county ; and he shall also at the end ' of each term pay over the amount of fines collected, deducting five per cent., to the County Treasurer foi* county purposes, and shall take his receipt therefor, which shall be laid before the Court at its next sitting. Jurors, number 4g Every petit or special jury for the trial of civil of in civil cases, . •'. .^ . ^ ^, i t ^ »» causes, inquisitions and issues, bastardy cases, appeals, and certiorari, shall consist of nine persons, of whom seven, after at least four hours deliberation, may return a verdict : and the petit jury for criminal trials, except as hereinbefore stated, shall consist of twelve persons. dep?^ed of food* ^'^- '^^^ practice of keeping a jury without meat, drink, Ac, 'or any other comfort until they agree upon their verdict, is abolished, pjyof jurors, 48. Bach petit and special juror and talesman shall be entitled to receive and be paid the sum of one dollar per day, and each grand juror fifty cents, for his actual attend- ance as a juror at the Supreme Court, and every grand, petit and special juror, also ten cents per mile for every mile he shall necessarily travel from his place of residence to the court bouse ; such actual attendance and distance to be ascertained by the oath of the juror. to^re^ira™^'" ^^- '^^^ Prothonotary in each county shall, on the last withtheira't- day of the sitting of the Supreme Court in each term, and traveUtoTe of the sittings of such Court in Halifax, and, also, at the tyfuSds"' ''°"°' end of the first week of the sittings in those counties where the sittings can be extended, prepare and certify a list of the jurors who actually attended such Court, with the number of days attendance, and the actual travel of each juror respectively, and the amount to which each juror is entitled, and shall deliver such list to the presiding judge, who shall certify the same ; and the Treasurer shall forth- with thereupon pay, out of the county funds, to each juror, the amount which such juror appears entitled to receive upon such list, ^""dto be raised 50. To provide a fund towards the payment of jurors under this Chapter, the following fees shall be paid by plaintiffs to the Prothonotary, and by him into the county treasury, viz. : on the issuing of writ of mesne process, except in summary and subsummary suits, one dollar, and on the swearing of every jury, six dollars : the above fees to be taxed and allowed, and included in the costs in the cause. Accountsof re- 51. The Gouuty Trcasuror shall keep an account of all CBipts and pay- • . i i i , i ■ i inents, receipts and payments under the two last sections, such account to -b« laid before the sessions with his other accounts. fe^vedfroSts ^^" '^^® Court or presiding judge may relieve any juror from a fine, in whole or in part, on sufficient TITLE XXII.] JURIES, 435 reason being shewn on oath, which oath, if in writing, may Chap. 92. be made before a justice of the peace. 53. In case of the illness of a juror, after he shall have Proceedings in been sworn in any civil cause, it shall be in the discretion |S?o°''""^'" °' of the presiding judge to allow the cause to proceed with- out him ; and the verdict shall be vaHd, provided seven of . the remaining jurors shall concur therein. 54. The Court or presiding judge mav amend the lists A™«?."J™™* "^ c • 1 i-1- ■.! £ ' Til. 3"T lists pro- 01 jurors by striking out the names oi persons not liable to wded. serve, or inserting the true name or addition of any person therein improperly designated or described, or by adding the name of any qualified person brought to their know- ledge ; and the Prothonotary shall keep a memorandum of all such amendments, and annually return the same to the Clerk of the Peace, to be laid before the revising justices. 55. The Prothonotary shall cause the names of the ^p^^'^^^^'/^^j special jurors to be written on distinct and similar pieces <=iiied oi triai. of paper, and having folded the same so as to conceal the names, and placed them in a box, shall proceed to draw the jury therefrom, and the nine or twelve, in civil or criminal cases respectively, whose names shall be first drawn, and who shall be in attendance, shall be the jury for the trial of the cause or assessment of damages. 56. The Prothonotary shall cause the names of the petit to,™^d°<^'}?ed jurors to be written on distinct and similar pieces of paper, °"'"»i- and having folded the same so as to conceal the names, and placed them in a box, shall, on the first cause being called, proceed to draw the jury therefrom, and the nine or twelve in civil or criminal cases respectively, whose names shall be first drawn, and who shall be in attendance, and shall not be challenged, shall be the jury for the trial of the cause ; and when another cause shall be called, the Protho- notary 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 oi such as have served on previous juries shall be returned to the box, to be drawn in like manner. 57. When a full jury shall not appear, or appearing Tales may be shall be challenged, or otherwise prove deficient, a tales de party. ''*' circumstantibus, may, at the instance of either party in civil causes, be awarded and returned immediately. 58. In all civil causes either party may peremptorily J'„t°'"™5^^|,7'*''' challenge, if in Halifax four, if in any other county three, lowed. of the jurors or talesmen. 59. The general sessions in every county where the dedinS»"di8-'' Supreme Court sits only in the shire town and which is g{,^Jf '^^^J^™' j^ divided into districts and has a court of sessions for each district into four district shall, where such division has not already been '" ' sections. 436 JURIES. [part in. Chap. 92. The committee of sessions shall return separate lists of qualified persons for grand jurors. Barnes of grand jurors to be placed in box with 8 compart- menta, &c. Grand jurors, how drawn for Eight of such jurors to be in office for two years. After first panel, only sixteen names drawn annually. Duties of pro- thonotary performed by tterk of peace in cerl^in cases. Oath of grand jurors. Ifot to conflict with Canada law. made, at their first sitting, proceed to divide each of such districts into tour sections, instead of eight sections as at present, such four sections to contain as nearly as possible an equal amount of population. 60. The committee appointed by the sessions shall re- turn separate lists, alphabetically arranged of the persons qualified to serve as grand jurors, one list to be returned to the Prothonotary and one to the Clerk of the Peace ; and the Clerk of the Peace for each district shall place the names of the grand jurors to be drawn for sessions duty for such district in a grand jury box, divided into four compart- ments, each compartment to contain all the names of grand jurors for one of such sections. 61. The Prothonotary shall place the names of the grand jurors for the whole county, in the grand jury box, in eight compartments, each compartment to contain the names of the jurors for one of such sections, and shall draw the narcies of three grand jurors from each of such compartments in the usual manner. 62. In drawing the grand jurors for sessions duties, the Clerks of the Peace shall draw the names of six grand jur- ors from each compartment in the usual manner. 63. Eight of such jurors shall always continue in office for two years, and shall consist of the two first names drawn from each of such four compartments in each year. 64. After the drawing of the first panel of grand jurors under the provisions of this Chapter, sixteen names onlj^, being four for each section, shall be annually drawn. This section shall be applicable to jurors for sessions only ; and as well as the five next preceding sections, shall apply only to the counties described in section 59. 65. The duties imposed by this Chapter on the Pro- thonotary shall be performed by the Clerk of the Peace where necessarily devolving on him. 66. The oath of grand jurors in sessions shall hei'eafter be as follows : You do swear that you will well and faithfully discharge the duties devolving on you as [foreman, or grand ju- ror,] for the County of , to the best of your know- ledge and ability. So help you God. 67. Nothing in this Chapter shall be construed to con- travene or conflict with any legislation {intra vires) of the Parliament of Canada. TITLE SXIL] BARRISTERS AND ATTORNEYS. 437 Chap. 93. County of SCHEDULE. The return of revising magistrates j of persons qualified to serve as grand ^ special or petit Jurors, Township or settlement. Christian and surname at full length, and whether senior or junior. Trade, calling, or emplo5Tnent. Appellation, by which known. CHAPTER 93. OP BARRISTERS AND ATTORNEYS. 1. No person shall practise as an Attorney or Barrister, unless be shall have been duly admitted. 2. Every person intending to apply for admission as a Barrister or Attorney shall cause notice thereof to be posted up in the Prothonotary's office at Halifax at least one month before the commencement of the term ; and his admission shall be moved for in open court within the first four days thereof. 3. No person shall be admitted an Attorney or Barrister, unless he shall have actually served under articles of clerkship with some practising Barristei', whether such articles shall be the original articles for the whole term, or any transference thereof, or new articles for the residue of such term, for a period of four years, except as is herein- after otherwise provided. 4. No person shall hereafter be received as an articled clerk by any Barrister until he shall have undergone an examination as to his educational qualifications, and shall have produced a certificate of his moral character ; which certificate, together with that of his having passed a satis- factory examination, and a copy of his collegiate degree, if any, shall be filed with his articles in the office of the Prothonotary at Halifax. Attorneys and barristers ad- mitted. Month's notice to be posted of intention to ap- ply for admis- sion. Term of clerk- ship, prepara- tory to admis- sion. Examination as to educationa qualification. 438 BAERISTBRS AND ATTORNEYS. [part in. Chap. 93. Time from which service shall be reckon- ed. Judges may make rules as to examination. Eules for exam- ination. Annual exami- nations. Unsatisfactory examinations. Certificate filed. Three yeara course. 5. The term of service shall commence from the time ot filing a duplicate of the articles of clerkship, and the certificates required by the last, section, in the Prothono- tarj's office in Halifax. 6. The judges of the Supreme Court may from time to time make rules regarding the examination of clerks applying to be articled, and the mode of conducting the same ; and such rules made and published in the Royal Gazette shall have the force of law. 7. The Council of the Barrister's Society at Halifax shall make rules and regulations for the annual examination of law students and for the appointment of examiners, and shall specify the branches of the study of the law in which such students shall be so examined ; and such rules and regulations shall be so framed as to give students in the country full opportunity of undergoing such examination in the counties where they reside. 8. Every law student shall be examined annually in accordance with such rules and regulations, and if such examination shall be satisfactory to the examiners, they shall grant a certificate to that effect to the student. No student shall be entitled to undergo an advanced examina- tion until he shall have passed the preceding one. 9. If such examination be not satisfactory to the ex- aminers, they shall direct the student to again present himself for examination at such future time as they may deem proper, but not exceeding one year and not less than four months from the date of such unsatisfactory examina tion ; and he shall meanwhile continue to serve with a practising Barrister. 10. No person shall be admitted an Attorney or Barris- ter of the Supreme Court unless he shall have first filed in the Prothonotary's office at Halifax certificates signed by the examiners of his having passed such annual examina- tions to the satisfaction of the examiners. 11. Provided that any student, who shall have passed a first-class Preliminary Examination and obtained a certifi- cate to that effect under the rules made in accordance with the provisions of Chapter 130 of the Revised Statutes, Third Series ; who shall have passed the four examina- tions prescribed by the Council of the Barrister's Society, and who shall have served three years under articles of clerkship, may with the consent of the Barrister to whom he is articled, be admitted a Barrister of the Supreme Court ; and for the purposes of carrying out the provisions of this section, the third and fourth examinations herein- before mentioned may be undergone by the student at the expiration of the third year of his clerkship. TITLE XSII.] BARRISTERS AND ATTORNEYS. 439 12. The provisions of the four next preceding sections Chap. 93. shall not apply to law students articled before the eigh- pjawisionsiov ' teenth day of April, 1872 ; but any such law student who students at 1111 -i,,! T-.1.- T-1 •!• present articled. snail have passed a first-class Preliminary Examination shall be entitled, with the consent of the Barrister to whom he is articled, to be admitted a Barrister of the Supreme Court, after he shall have served three years under his f articles and shall have passed an examination satisfactory to the examiners; and any student articled before the eighteenth day of April, 1872, may, with such consent, be admitted at the expiration of fouc years' service on passing a satisfactory examination. 13. Any student of the age of twenty-one years or up- QuaUflcations wards who shall file satisfactory certificates of his having admlssi^n?'^ complied with the requisites of the preceding sections of this Chapter, and of his good moral character from the Barrister with whom he last served, shall be entitled to be admitted an Attorney on taking the following oath : " I, A. B., do swear that I will truly and honestly demean Attorney's oatn. mj'self in the practice of an Attorney, Solicitor, or Proctor, in all and every of the courts of this Province in which I shall be employed as such, according to the best of my knowledge and ability ;'' — Anything herein contained to the contrary notwithstanding. 14. A Barrister of anj' court in Great Britain or Ire- Barristers and land shall be entitled to be admitted to practise as a Bar- &SMfadn, rister and Attorney on filing a satisfactory'^ certificate of irfiand or ^ C0I0QI6S Gnfii— his being a Barrister at the time of application and of his tiedtoadmis- good moral character ; and a Barrister or Attorney of any pro^pe^ceraf- court in Her Majesty's colonies, and an Attorney of any '^'*^- court in Great Britain or Ireland, on filing a satisfactory certificate of his being a Barrister or Attorney at the time of application and of his good moral character, and also of his having served as an articled clerk for a term equal to that hereinbefore prescribed for articled clerks in this Province, and who shall undergo a satisfactory examina- tion as hereinbefore provided for, shall be entitled to be admitted an Attorney on taking the foregoing oath : Pro- vided, however, that Barristers of Her Majesty's Superior Courts in any of Her Majesty's Colonies in which the same privilege is extended to Barristers of the Supreme Court of this Province, on producing certificates of their admission and of good moral character, shall be entitled to admission as Barristers of the Supreme Court of Nova Scotia. 15. An Attorney of the Supreme Court shall bo entitled Barristers, when to bo admitted a Barrister immediately after his admission *'i™i"«<*. as an Attorney. 440 BARRISTERS AND ATTORNEYS. [part III. Ceap. 93. Attorney to allow only clerk or attorney to sue or defend ciuses in his name. Ijarristers, their privilegA and precede"e ; power of courts to control all practitioners. No barrister to have over three clerks. Practising bar- risters only to take clerks. Notary public being barrister to tike acknow- ledgments, &C.J as justice of peace. No fees for such sernces. 16. No Attorney shall permit any person not an Attor- ney, other than his articled clerk actually serving in his office, to sue out any writ of process, or to prosecute or defend, any action in liis name. 17. Barristers of the Supreme Court shall be Counsel, Advocates, Proctors and Solicitors of the Court of Equity, Court of Vice- Admiralty, Court of Error, Court for Divorce and Matrimonial Causes, and all courts within this Province, and as such shall be entitled to prosecute and defend all causes therein, and shall have such seniority and pre- audience therein as they -are entitled to in the Supreme Court; but nothing herein contained shall interfere with or affect the wholesome control which the Queen's courts are authorized to exert over the several practitioners there- in, or to prevent such court from suspending, silencing, dismissing or striking off the roll any Barrister, Advocate, Attorney, Solicitor or Proctor for mal-practice or mis- conduct. 18. No Barrister shall have at any one time more than three articled clerks. 19. No Barrister not actually practising his profession, except only the Prothonotary at Halifax being a Barrister, shall take or retain any clerk. 20. Every notary public, being a Barrister of the Su- preme Court of this Province, is hereby empowered to take acknowledgments of married women of the execution of deeds throughout this Province, and to administer oaths to subscribing witnesses to deeds relative to the execution of the same throughout this Province, and to certify all such acknowledgments of married women and of the attestations of 8u<;h witnesses in the same manner and to the same extent as a justice of the peace is now authorized to do. It shall not be necessary tor any such Notary and Barrister to attach his notarial seal of office to any such certificate, and no certificate given or to be given shall be void for want of such notarial seal. No fee shall be charged or taken by any notary public for services performed under this section. title xxiii.] pleadings and peactice. 441 Chap. 94. TITLE XXIII. o^^^^e^-t^ OF PROCEDURE IN CIVIL CASES.'^'"^*"' '='-^- -■ CHAPTER 94. <— OP PLEADINGS AND PRACTICE IN THE SUPREME COURT. OENEBAL BTJLBS : BBGULATION OP PBACTICE ; BTC. 1. The Judges at Halifax, except the Judge in Equity, judges, except may from time to time make general rules for altering, h^wpowCT to*" regulating and facilitating the practice of the Court, and ""'"> '■"^'^■ all other rules and regulations for the dispatch of business, the prevention of the accumulation of arrears, the regula- tion of sittings, and hearing arguments in banco, the at- tendance of the Courts, and for the conducting of business in the Practice Court, and regulating all appeals from the decisions of a JiyJge at Chambers ; but such rules shall Qot go into operation until they have been published in the Royal Gazette; and all rules made since the fourth day of April, A. D. 1853, are hereby confirmed. 2. In all cases not otherwise provided for, the practice Practice and pro and proceedings of the Court shall conform as nearly asreguSd In' may be to the practice and proceedings of the superior '^'^'^ '^^'' 3ourts of common law in force previous to the first year jf 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. One of the judges shall sit once every week at chamber sit- Chambers or oftener, as business m'ay require, and shall do wefwy.*^ '"''** any act relating to practice as heretofore, and all other Sicts that may be lawfully done by a single judge. It shall be discretionary with the judges to hold Chambers or not in the ordinary vacation, that is to say, between the end of July Term and the commencement of the autumnal cir- cuits. • 4. It shall not be necessary to ist'ue more than one oniy ""e sum- summons for attendance before a judge at Chambers upon dance necessary. the same matter ; atid the party taking it out shall be enti- tled to an order, unless cause to the contrary be shown, or the judge shall refuse the same. 5. When a Judge has power to grant on order, he may Euienisimay be' in place thereof grant a rule nisi returnable at Chambers. tSn^^. °^' 42 PLEADINGS AND PRACTICE, [part hi. Chap. 94. Appeal from judge's deci- sion how ob- tained. Cause of proce- dure in appeals. 6. The decisions and judgments of a judge at Chambers shall in all cases be subject to appeal to the Supreme Court in terra, security for the costs of such appeal being given by the party appealing in the sum of forty dollars by a bond to the satisfaction of the judge who shall have given the judgment, and within a time to be limited by him. 7- In all cases of appeal from the decision of a judge at Chambers, the appellant shall obtain an order for the appeal from a judge ; insert therein or append thereto the grounds of the appeal ; shall file the same^ together with the above security, within the period of ten days, unless the judge shall otherwise order ; and shall, on argument of the appeal, be confined to the grounds set forth in the order or ap- pended thereto. OP THB TERMS, SITTINGS AFTEB TEEM AND CIRCtTITS. Commencement and duration of terms at Hali- fax. Wumber of judges required to hear argu- ments, in oanco. Separation of docket of argu- ments provided for. 8. There shall be two Terms of the Supreme Court held at Halifax annuallj' — one to commence on the third Tuesday of July, and to continue for three weeks, if the business of the Court shall require such continuance, and the other to commence on the second Tuesda)' of Decem- ber, and to continue for four weeks, if iUe business of the Court shall require such continuance. 9. Not more than five of the judges of the Supreme Court shall be required to hear arguments or sit in banc ; and a number less than five, but not less than three, may sit for that purpose, and may give judgment in causes so heard, where the other judges are unable, from sickness, absence from the Province, interest in the cause, or any other sufficient reason, to attend ; and the arguments may be heard in vacation, or in Term, as the judges may direct. 10. As often as in the opinion of the judges the state of the docket of arguments in Halifax and the facilitating the business shall require it, the docket of causes shall be separated by the Prothonotary, under their direction, from time to time, into two parts, to be called the first and second divisions ; and the causes therein shall be heard respectively by three of the judges ; and when the judges before whom the same may be heard shall concur in their decision, such decision shall be as valid as if the whole' Court ha* concurred therein ; but when such three judges do not concur, the party against whom a decision shall have been given may require that such cause in which the judges have not concurred shall be entered on the docket for the then present or next ensuing term, to be re-heard in banc ; and it shall be in the power of the three judges on the argument of any cause, or at any time before judgment, to direct that the same shall be heard as afore- TITLE XXIII.] PLEADINGS AND PRACTICE. 443 said by the full Court, a* such time as the Court shall Chap. 94. appoint. 11. The judges may, from time to time, in their dis- Terms^may^be cretion, by an ordei^to that effect, extend and adjourn any adjourned. Term to such period and for such time as they may deem necessary for the disposal of the causes on the docket. 12. There shall be two Sittings of the Supreme Court commencement at Halifax annually, — one to commence on the first Tues- sMngs'ttHaM- day of November, and to continue for four weeks, if *'"'• business shall require such continuance, and the other to commence on the fourth Tuesday of April, and to continue for three weeks, if the business of the Court shall require such continuance ; and the Court or the presiding judge ^ . }_ is authorized to extend each of such Sittings for a further period of three days, if such extension should be deemed necessary, and for such further time as may be requisite in consequence of any trial being protracted beyond the periods now provided. At Halifax, on the first day of Sittings, the judges shall have the same powers as in Term ; and where the Sittings are closed by the termination of the business, or of the allotted time, the judges shall sit for three days, if business so long require, with the same powers as in Term — motions relating to the business of the then Sittings to have precedence. 13. The judges may from time to time in their discre- sittings may tion. by an order to that effect, extend and adjourn the adjoumed^by Sittings to such period and for such time as they may deem i^^s^^- necessary for the disposal of the causes on the docket ; and they may order an additional panel or panels of jurors to be drawn and summoned at any time during the sittings for such period as they may direct. 14. The judges shall have power from time to time, in Two extra sit- their discretion, to direct that two extra Sittings of the tem^sZ^ Court shall be held at the same time in Halifax for the trial t™"^'" Halifax. of causes, to commence and terminate at such periods as shall be prescribed in the order therefor ; and, for that purpose, one or more panels of the petit jury shall be drawn for each of such Sittings of the number and in the manner now by law appointed for the regular Sittings ; and such jurors shall be summoned in the same way, and shall be bound to attend, and shall be entitled to the same exemptions, and be subject to the like pains and penaltieSj and shall recover the same fees and compensation, as are now by law respectively provided in respect of petit jurors. 15. New notices of trial shall be required for such Procedure at extra Sittings ; and trials or any other business thereat ^''*'*''"'"^' shall be conducted on the same principles as in the regular Sittings; and such extra Sittings shall be continued for 444 PLEADINGS AND PBACTICB. [PAET III. Chap. 94. the period prescribed, or until all the civil and criminal ~" causes ready for trial, including all appeals, shall be tried and disposed of. Arrangement of 16. The dockot of causes ior trial shall be arranged by sittings. the judges at such extra Sittings in such a way as shall appear to them most convenient and conducive to the ends of justice ; and the order of the judges for such extra Sit- tings shall take effect from and after the publication thereof in the Royal Gazette; but the panels of petit jurors may be drawn before such publication. w°'^^?^dld ^'^' "^^^ grand jury shall attend at the Sittings, but for. shall not be required to attend at the Terms of such Court ; and all jurors required to attend such Sittings shall be subject to the penalties for non-attendance, now by law established. "rorinreinto ^^' ''^''®'"® ^^^^^ ^^ ^'^^ cirouits in the Province : The circuits. Midland, the Shore, the Western, the Eastern, and the Cape Breton Circuits. The Midland Circuit shall embrace the Counties of Hant*, Colchester and Cumberland. The Shore Circuit shall embrace the Counties of Lunen- burg, Queens, Shelburne and Yarmouth. The Western Circuit shall embrace the Counties of Digby, Annapolis and Kings. The Eastern Circuit shall embrace the Counties of Picton, Antigonishe and Guysborough. The Cape Breton Circuit shall embrace the Counties of Cape Breton, Victoria, Inverness and Richmond. Commencement 19. The Supreme Court shall sit twice a year in the '"" '""' ' several counties as follows : — and duration of oirouit courts. MIDLAND CIRCUIT. Ai Windsor. — On the last Tuesday of May, to sit for five days ; and on the Tuesday before the last Tuesday of Sep- tember, to sit, if necessary, eleven days. COLCHESTBB. At Truro, — On the first Tuesday of June, to sit, if neces- sary, eleven days ; and on first Tuesday of October, to sit for five days. CUMBBBLAND. At Amherst. — On the third Tuesday of June, and the second Tuesday of October; to sit each term, if necessary, fourteen days. TITLE XXIII.] PLEADINGS AND PRACTICE. 445 Chap. 94. SHORE CIRCUIT. LTJJTENBUHG. At Lunenburg. — Ori the Thursday before the first Tues- day of June, and on the Thursday after the second Tues- day of October. QTJHBNS. At Liverpool. — On the second Tuesday of June, to sit for five days ; and on the first Tuesday of October, to continue sitting for seven days, if necessary. SHBLBUBNE, At Barrington. — On the third Tuesday of June. At Shelburne. — On the last Tuesday of September. YARMOUTH. At Yarmouth. — On the fourth Tuesday of June. At Tushet Village. — On the Tuesday next before the last Tuesday of September. WESTERN CIRCUIT. At Digby. — On the second Tuesday of June. At Clare. — On the last Tuesday of September. ANNAPOLIS. At Bridgetown. — On the third Tuesday of June. At Annapolis.- — On th« first Tuesday of October, KINGS. At Kentville. — On the first Tuesday of June, and an the second Tuesday of October. EASTERN CIRCUIT. PICTOU. At Pictou. — On the Thursday next after the second Tuesday of June, and the Thursday next after the third Tuesday of October ; to sit each term, if necessary, four- teen days. ANTItJONISHB. At Antigonishe. — On the first Tuesday of June, and second Tuesday of October ; and to sit seven days in each term, exclusive of Sundays. 446 pleadings and practice. [part iii. Chap. 94. GUYSBOBOTJGH. At Ouysborough. — On the last Tuesday of May, and the first Tuesday of October. CAPE BRETON CIRCUIT. CAPE BRETON. At Sydney. — On the first Tuesday of June ; and on the first Tuesday of October ; such last term to extend for ten days if necessary. YICTOHIA. At Baddech — On the second Tuesday of June and the third Tuesday of October ; the last term to continue for five days, if necessary. IN^'EllN■ESS. At Port Hood. — On the third Tuesday of June, and the fourth Tuesday of October. BICHMOND. At Arichat. — On the fourth Tuesday of June, to sit ten daj'S, if necessary ; and on the first Tuesday of November, to sit five days, if necessary. sittiD^stobe Wherever in this section the Court is directed to sit for Sundays. any Specified number of days, such number shall be exclusive of Sundays. Duration of 20. The respective Terms or Sittings of the Supreme sittinggii . Qq^j.).^ jjj j.|jQ preceding section mentioned, shall continue as long as the business shall require ; but the same shall not be continued longer than the Saturday before the day hereby appointed for opening the Court at the next place to which the judge presiding at such Court shall be about to proceed on his circuit, nor longer than the second Saturday after the first day of such Terms or Sittings respectively, except as otherwise provided in this Chapter. S'^t'^sittin^ 21. The presiding judge, if any large arrears of civil certain cases, or Criminal busiuess, shall be found to exist, at the end of the Term or Sittings of any Circuit Court, that may here- after bo held by him, shall appoint a subsequent day, in which an extra Sittings of the Court shall be held in the same county, of which the Prothonotary shall immediately give notice, by publication in the local newspapers (if any) and by advertisement in five of the most public places within the county. The grand jury shall not attend at such Term or Sittings, but the Prothonotary shall draw in TITLE XXIII.] PLEADINGS AND PRACTICE. 447 open Court, in the same way as in the regular Term a Chap. 94. panel of petit jurors therefor, consisting of the number, of twenty-four, and shall have the list signed by the two justices associated with him, and by the presiding judge, and shall issue writs of venire facias, for the summoning of such jury, and shall deliver the same to the Sheriff, at least ten days before such Term ; and the Sheriff shall thereupon cause such jurors to be summoned at least four days before the time appointed in such writ. 22. The jurors so summoned shall be bound to attend Attendance of accordingly, and be subject to such fines and penalties, inforcedf'' and entitled to such fees and compensation as are now by law respectively provided in respect of petit jurors. 23. At such extra Terms or Sittings, all jury causes, no new notice civil and criminal, and those only, which shall have been "^ *'""'' '■^''''^<'- at issue and ready for trial when such proclamation of adjournment shall have been made, shall be tried and disposed of without any new notice of trial. 24. In case a judge shall be prevented from arriving at provision in the place on the day appointed for holding the Court or pf^aio't'jadge. such extra Term or .Sittings thereof, the Sheriff shall give public notice that the Court will meet on the day next following such day ; and shall continue to give such notice from day to day for three successive days, unless a judge shall in the meantime arrive. PLEADINGS. WBITS OF MESNE PBCCE8S. 25. All personal actions shall be commenced by writ of personal acHona '^ ^ . -,- CI Tiii. "0"^ to be oom- summons or replevin, and in case ot absconding debtors, menoed. summons or attachment, in the forms set forth respectively in Schedule A, numbers 1, 2, 3, 4 and 5 ; and where the amount claimed is under eighty dollars, the writ shall be marked on the back thereof, summary cause ; but no action for the recovery of any debt shall be commenced in the Supreme Court where the amount sought to be recovered is less than twenty dollars ; and every writ shall be sub- scribed with tne name of the plaintiff issuing the same, and with his place of abode, or with the name of the attorney issuing t^e same. 26. It shall not be necessary to mention any form of i^ormot action ...,i .. .1 J' need not be action m the writ or other proceedings. meationed. 27. The teste of all writs, whether of mesne processor Teste of writs otherwise, is abolished, and every writ shall be dated by »'~'''''«'i- the Prothonotary the day it is issued ; and every writ of summons and every concurrent writ shall be served within six months from the day it is issued. 28. The writ shall contain the declaration according to Writshaiicon- the practice adopted in summary causes, and to the forma *"° ^^'='*'^*'°"' 448 PLEADINGS AND PRACTICE. [part m. Chap. 94. Warrants need not be filed. Notice to be endorsed on writ. Affidavit to hold to bail when to he made. as issned. Proviso. Bail bond. Bail how taken iu Schedule B, except in very special cases, where the declaration may be annexed or served separately ; but no charge shall be allowed therefor, unless, on taxation, the judge shall deem such course to have been proper under the circumstances. 29. It shall not be necessary to file warrants of a,ttorney to prosecute or defend. 30. Every writ by which an action is commenced, except in ejectment, shall be endorsed with the notice in the form in Schedule A, number 10. 31. If a plaintiff in any action commenced by summons in which the defendant is now liable to arrest, whether upon the order of a judge or commissioner, or without such order, shall, at or after the commencement of such action, by afSdavit of himself, or some other person, shew, to the satisfaction of a judge or commissioner, that such plaintiff has a cause of action againt the defendant or defendants to the amount of twenty dollars or upwards, or has sustained damage to that amount, and that the plaintiff has probable cause for believing, and does believe, that the defendant is about to leave 'the Province, and that he fears that the debt will be lost unless such defendant is forthwith arrested ; such judge or commissioner may, without requir- ing in such affidavit any statement of the plaintiff's ground for such belief, by a special order direct that such defen- dant so about to quit the Province, shall be held to bail for the amount of the debt or damage sworn to, or, in the case of unliquidated damages, for such sum as the judge or commissioner shall think fit ; and there- upon the plaintiff within the time expressed in such order, but not afterwards, may sue out one or more writ or writs of capias into one or more different counties, as may be required, against any such defendant, so directed to be held to bail, which writ shall be in the form in Schedule A, number 6 : provided always, that nothing in this section contained shall operate to prevent a defendant so arrested from negativing, under affidavits before a judge or commissioner, the fact of his being about to leave the Province ; and upon such affidavit, if the same is not con- tradicted on the part of the plaintiff, such judge or com- missioner shall, in his discretion, order his discharge from custody with or without costs, or direct that the costs of the same be costs in the cause. Where a defendant is ordered to be held to bail under this section, after he has appeared to the action, the form of the bail bond in the Schedule A, number 26, shall be modified accordingly. 32. The Sheriff shall, within one month after the date of such capias, but not afterwards, proceed to arrest such defendant thereupon, and he shall remain in custody until TITLE SXTII.] PLEADINGS AND PEACTICE. 449 he shall have given a bail bond to the Sheriff or shall have Chap. 94, made deposit of the sum endorse d on such writ of capias, Deposit. ~ together with for ty doll ars for costs ; and the Sheriff shall make return of his writ immediately upon the execution thereof, or at the expiration of the month if not executed. 33. Where the defendant shall be described in the ^™™'°° !? <=»=« rr' 1 ' 111 1'it ... of wrong des- process or afliaavit to hold to bail by initials, or by a oription of ae- wrong-name, or without a Christian name, the defendant shall not be discharged out of custody, or the bail bond delivered up to be cancelled, if it shall appear by the affidavit that due diligence has been used to obtain a knowledge of the proper name. 34. Where a defendant is committed to iail on mesne ?'f°''TO "' . J .... defondant when process, and the pla;ntin: does not proceed to trial in the under arrest if Term next after his committal, or in the Sittings thereafter, not proceed.^' the defendant shall be discharged ; — provided he was ready for trial at such Term or Sittings, and had pleaded issuably to the declaration, if served upon him, and had given notice of his readiness for trial on the first day of such Term or Sit- tings, or before, or when the cause is called ; and provided the cause had been called for trial ; and also pro- vided the Court shall not, on sufficient cause shewn on affidavit, be of opinion that the defendant ought not to be discharged. Service and Return of Writs, etc. 35. There shall be no special return days for writs of Writs, when to summons, writs of replevin, and writs of attachment and °'^^™°* ^ summons against absent or absconding debtors, or their agents, or trustees, or writs of certiorari ; but such writs shall be returnable withfn ten days after the service there- of, if the defendant or party served shall reside in the county in which the action is brought ; within twenty days after service if he shall reside in any Other county, except in the Island of Cape Breton ; and within thirty days if he shall reside in the Island of Cape Breton and the action is brought in any county not in the Island ; or if he shall reside out of the Island and the action is brought in any county within the Island; and judgment maybe entered against the defendant if he shall not appear and plead within four days after the expiration of such period of ten, twenty, or thirty days, as the case may be ; and in cases where a writ of summons, with the usual notice endorsed, is served in any county otl^er than that specially named in the direction of the writ, the defendant shall be entitled and required to appear and plead in the same number of days as if the county wherein he is served hud been specially named in the wi'it. 28 450 PLEADINGS AND PRACTICE. [PART III, Chap. 94. Form of writs of summons. How directed and executed. Concurrent writs, how marked. Sheriffs endorse' ment on writ. Uo service of writ on Lord's day. Service on corpo- ration. Writ, how served. Proceeding against British subject non-resi- dent in Pro- AHnoa. 36. The writs shall summon the tlefendant to appear "within ten, twenty, or thirty days [as the case maybe] after the service of this writ.'' 37. Writs shall be directed thus: ''To the Sheriff of , or to any other of our Sheriffs ;" and may be executed by any Sheriff within his bailiwick : and concurrent writs may be issued. 38. A writ for service within the Province may be issued and marked as a concurrent writ with one for service out of the Province ; and a writ for service out of the Province may be issued and marked as a c ;ncurreat writ with one for service within the Province. 39. The Sheriff shall, upon the receipt of every writ, endorse thereon the time at which the same was received by him ; and shall in his return on every writ of mesne process state the very day on which it was served ; and s4iall not be allowed any fees on process served by him where the return is not so made. 40. No person upon the Lord's day shall serve or exe- cute any civil writ or process ; but the service thereof shall be void, and the party serving the same shall be liable to the party aggrieved, as if he had executed the same, without any writ or process. 41. Writs against a corporation may be served on the principal ofScer, or on the clerk or secretaiy. 42. The service of the writ, whenever practicable, shall be personal, and shall be made within six months from the day of its issue ; but the plaintiff shall be at liberty to apply, from time to time, if necessary, on affi- davit to the Court or a judge, who may, if satisfied that the writ has come to the knowledge of the defendant, or that he wilfully evades service, and that reasonable efforts have been made to efiect personal service, order that the plaintiff be at liberty to proceed as if personal service had been effected, subject to such conditions as to the Court or a judge may seem fit. 43. In case any defendant, being a British subject, is residing out of this Province, it shall be lawful for the plaintiff to issue a writ of summons in the form in Sche- dule A, number 7, which writ shall bear the endorsement contained in the said form purporting that such writ is for service out of this Province ; and the time for appearance by the defendant to such writ shall be regulated by the distance from Nova Scotia of the place where the defend- ant is residing, having due regard to the means and neces- sary time for postal or other communication. And it shall be lawful for the Court or judge, — upon being satisfied by affidavit that there is cause of action which arose within this Province, or in respect of a breach of a contract made TITLE XXni.j PLEADINGS AND PRACTICE. 451 within tlie Province, in whole or in part, or intended to be Chap. 94. executed in whole or in part within this Province, or, in respect of a contract made and entered into between parties, one of whom, at tlie time of making such contract, shall reside within this Province, and that the writ was personally served upon the defendant, or that reasonable efforts were made to effect personal service thereof on the defendant, and that it came to his knowledge, and either that the defendant wilfully neglects to appear to such writ, or that he is living out of the Province in order to defeat or dblay his creditors, — to direct from time to time that the plaintiff shall be at liberty to proceed in the action in such manner, and subject to such conditions as to such Court or judge may seem fit, having regard to the time allowed for the defendant to appear being reasonable, and to the other circunistances of the case: provided always that the plaintiff shall, before obtaining judgment, prove the amount of the debt or damages claimed by him in such action, either before a jury upon a writ of inquiry, or before a judge. 44. In all cases when it shall be made to appear by Agent may be affidavit, to the satisfaction of the Court or a judge, that a senoe oPdeten- defendant is absent from the Province, so that personal ^*gg'°'*''"''° service of process cannot be effected on him, or that he is remaining abroad so as to evade service, and that he has an agent within the Province, and also that the plaintiff has a good and available cause of action against the de- fendant, the Court or a judge may make an order for the service of process on the agent, which service shall be deeme,d good and sufficient service on the defendant ; and the plaintiff may thereupon proceed in the action to judg- ment and execution, as if such defendant had been per- sonally served. 45. The Court or a judge may, on sufficient cause ffime may be ai- shewn by the agent, allow a reasonable time for such agent °™ "^^ ' to communicate such writ to the defendant. 46. If the plaintiff shall shew to the satisfaction of the ^ubUoationm Court or a judge, that after due diligence and inquiry he sufficient ser- has failed to discover any agent of the defendant within ™^'°**^'*"' the Province, the Court or a judge may make an order for the defendant to appear and plead on a certain day to be therein named, which order shall be published in the Boyal Gazette newspaper, or in such other way and for such time as the Court or a judge shall direct ; and the publication of such order shall be deemed good service on such defendant ; and the plaintiff' shall be at liberty to proceed in the action as if the defendant had been per- sonally served with process. 47. The defendant shall be at liberty to appear and Defendant may 452 PLEADINGS AND PRACTICE. [PART ni. Chap. 94. appear and plead. Be-hearing may be obtained within three years. Execution, how to issue. Proceedings' against foreign- er non-resident in Province. Writ ma3' be amended. -Bubst'tntion of .forms no objec- tion. plead to suoh action at any timo previous to judgment signed. 48. Tiie defendant, at any time within three years after judgment signed, may, on application to the Court or a judge, on affidavit accounting for his non-appearance and disclosing a defence on the merits, obtain an order to appear and plead, and for re-hearing of the cause, which order shall operate as a stay of any execution issued on such judgment ; but the judgment obtained shall, until removed, stand as security to the plaintiff for the amount thereof. 49. No execution shall issue on such judgment until the plaintiff shall have given security to the satisfaction of the Court or a judge for the re-payment of all moneys levied thereunder in case the judgment should be reversed. 50. In any action against a person residing out of the Province, and not being a British subject, the like pro- ceedings may be taken as against a British subject resident out of this Province, save that in lieu of the form of the writ of summons in Schedule A, number 7, the plaintiff shall issue a writ of summons according to the form in Schedule A, number 8, hereto, and shall in manner aforesaid serve a notice of such last-mentioned writ upon the defendant therein mentioned, which notice shall be in the form in the said Schedule, number 8; and such service, or reasonable efforts to effect the same, shall be of the same force and effect as the service of the writ of summons in any action against a British subject resident abroad, and, by leave of the Court or a judge, upon their or his being satisfied by affidavit as aforesaid, the like proceedings may be had and taken thereupon. 51. If the plaintiff or his attorney shall omit to insert in or endorse on any writ or copy thereof any of the mat- ters required by this Chapter to be inserted therein, or endorsed 'thereon, such writ or copy thereof shall not on that account be held void ; but it may be set aside as it-regular, or amended upon application to be made to the Court out of which the same shall issue, or to a Judge ; and such amendment may be made upon any application to set aside the writ upon such terms as to the Court or judge may seem fit. 52. If either of the forms of writ of summons contained in Schedule A, numbers 7 and 8, shall by mistake or inadver-' tence be substituted for the other of them, such mistalre or inadvertence shall not be an objection to the writ or any, other proceeding in such action, . but the writ may, — upon an ex parte application to a judge, whether before or afters any application to set aside such writ or any proceeding thereon, and whether the same or notice thereof Sli'all have TITLE XXril.] PLEADINGS AND PEACTIOE. 453 been served or not, — be amended by snch judge without Chap. 94. costs. 53. Any affidavit of service of writ or notice, or any Affidavit of otlier affidavit for tlie purpose of enabling tlie Court or a sworn, judge to direct proceedings to bo taken against defer\d- ants out of tlie Province, or by suchi defendants, may be sworn before_any_j„ad.ge o f a court of record or iustice_of th_e^_gecice in any of Her Majesty's dominions, orbeforeany / consul-general, or cousuL. vic e-consa l or consular agent /C aip puintud by Her Mijesty at any foreign piTrt or pla6fe, \ whose official character and signature shall be_ certified u nder the ha nd and. seal o f a notary public, or T)¥Fore a Commissioner appointed to take affidavits, and do acts witliout the Province. Every affidavlFso sworn may be used and shall be admitted in evidt^nce ; provided it pur- port to have been sworn before such official as in this sec- tion mentioned. 54. In all civil suits the cause shall be conducted in the cause now oon- „ , , . n'i-t,odln civil Qames or the real parties. suiu 55. Notice of trial may be endorsed on writs of Bum- Notice of trial, mons. Writs of Inquiry. 56. Writs of inquiry shall be made returnable in ten Execution and days after the issuing thereof; and the party plaintiff shall ''ou^^^^^ be entitled to judgment for the amount awarded him with costs in fourteen days after the execution of the writ. ^ Of the Writ of Certiorari. 57. Previous to issuing a writ of certiorari the judge Bail to be aiea or commissioner shall require the person applying the re- ^517'^^™"' for to file sufficient bail, in such reasonable amount as the judge or commissioner sliall direct, to respond the judg- ment 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 signa- ture thereto. 58. In all causes and proceedings brought up by cerfo"- Procedure orari, the Court may inquire into the facts anew, if Jt ""'i^'^^"*- shall seem to them to be necessary, and may .order a trial thereof by jury. PABTICtTlABS. 59. The plaintiff shall annex, or endorse on his writ Particulars to and copy thereof, the particulars of his claim in the form, ^"^a *""*'' "" or to the effect contained in Schedule A, number 9, in all 454 PLEADINGS AND PRACTICE. [part III. Chap. 94. Effect of non-de- livery. Credits to be given. Set-off must be pleaded. Effect of adop- tion of particu- lars. Summons and order, how ob- tained. Time to plead after particulars delivered. Farther and bet- ter particulars. cases where the claim is for a debt, or liquidated demand in money, with or without interest arising upon a contract express or implied. 60. If such particulars are not given, the plaintiff shall not be entitled to final judgment on non-appearance of defendant. 61. The plaintiff's particulars shall give credits, if there be any. 62. A set-off by defendant shall be pleaded, and he shall annex to, or endorse on his plea, and copy thereof, particu- lars of such set-off, giving credits, if there be any, and in default, his plea may be treated as a nullity ; such particu- lars shall be assimilated in form to those in Schedule A, number 9. 63. Neither plaintiff nor defendant shall be at liberty to adopt his adversary's particulars, without at the same time admitting the adverse .«ide of the account or claim as pre- sumptive proof thereof. 64. A summons for particulars and order thereon may be obtained from a judge or the Prothonotary, by either party, without the production of any affidavit, but a sum- mons and order for further or belter particulars stating dates, credits, &c., or for amending particulars, shall be granted only by a judge, and upon affidavit. 65. A defendant shall be allowed the same time for pleading, after the delivery of particulars under a Judge's or Prothonotary's order, which he had at the return day ot the summons for particulars : nevertheless, judgment shall not be signed until the day after the delivery of particulars, unless otherwise ordered by a judge or prothonotary, ^d the judge or prothonotary may order further time. 66. A judge may grant an order for further or better particulars, stating dates, credits, &o., or for amending particulars, upon affidavit and without summons therefor. APPBABANCB, AND JUDGMENT FOR NON-APPEABANCK. Common bail abolished. Judgment by default. 67. Common bail is abolished, and the appearance shall be in the form in Schedule A, number 12. G8. In case of non appearance, where particulars are annexed or endorsed, the plaintiff may, after the time for appearance has elapsed, sign final judgment, which may be entered in the form given in Schedule A, number 11, and on which no proceeding in error shall lie, for any sum not exceeding the sum mentioned in the particulars, with interest at the rate specified, if any, to the date ot judg- ment, and taxed costs ; but the plaintiff shall not, in such case, be entitled to recover any sum beyond the sum sp mentioned, with interest and costs. TITLE XXIII.] PLEADINGS AND PRACTICE. 455 69. A party ma}' appear at an}' time before judgment Chap. 94. b}r defiiult ; and, if he appear after the time specified in Appearance. the writ of summons, he shall, after notice of such appear- ance to the plaiiitififor his attorney, as the case may bo, be in the same position, as to pleadings and other proceedings in the action, as if he had appeared in time': provided always that a defendant appearing after the time appointed by the writ shall not be entitled to any further time for pleading or any other proceeding than if he had appeared within such appointed time. 70. Everv appearance by the defendant in person shall Appearance in •, I ^^ , . V • (V. • person to contain contain an address, at which it shall be suflicient to leave address of de- ttll pleadings and other proceedings not requiring personal service ; and if the address be not given, the plaintiff may proceed by posting the proceedings in the Prothonotary's office, without further service, until the true address be given. 71. In case of non-appearance, where the particulars Judgments . , 1 p I ' • 1 1 where particu- are not given, judgment by default may be signed at the lars not given. expiration of the time for appearance ; but no costs shall be allo\ved in respect of assessment of damages unless it shall appear that the plaintiff could not conveniently furnish the particulars at the time of the issue of the writ. 72. In actions for the recovery of debts, where a judg- Assessment ot ment for default has been marked, the Court or a judge nmde.^"'" °^ may assess the damages on competent evidence in writing, or viva voce; and the attendance of witnesses and the pro- duction of documents before the Court or a judge may be enforced by subpcena, in the same manner as upon the trial of a cause before a jury. Upon such assessment, signed by the Judge or Prothonotary, being filed, the costs in the action may be taxed and final judgment entered thereon. 73. Either party, upon due application to the Court or issessmentby ■ J I i.1 1. J u ■ , jary or before a judge, may have the assessment made by a jury, or at court, any assessment to be made before the Court, if the Court should think fit, by a special jury ; and at any assessment before a judge, he may order such assessment to be made by a jury. 74. In any action brought against two or more defen-Wh«n only some dants, where the writ of summonses endorsed in the fendauts'appear. special form hereinbefore provided, if only one or more of the defendants shall appear, and another or others of them shall not appear, it shall be lawful for the plaintiff to sign judgment against such defendant or defendants only as shall not have appeared, and to issue execution thereupon ; in which case he shall be taken to have abandoned his action against the defendant or defendants who shall have appeared, and such defendant or defendants shall be en- 456 PLEADINGS AND PRACTICE. [PART III. Chap. 94. titled to their costs ; or tiie plaintiff may, before issuing ~~ such execution, proceed against such defendant or defend- ants as shall have appeared, stating, by way of suggestion, the judgment obtained against the other defendant or defendants who shall not have appeared; in which case the judgment so obtained against the defendant or defend- ants who shall not have appeared shall operate and take effect, whether the plaintiff succeeds against the other defendant or defendants or not. Opening Judgment. Parties admitted 75. It shall be lawful for the Court or a judge, upon fliailudgment! such terms as to costs or otherwise as they shall think fit, at any time within one year after final judgment, to let in the defendant in any action or appeal to defend the same, upon an application, supported by satisfactory affidavits^ accounting for his non-appearance and disclosing a defence upon the merits with the particular grounds thereof; and affidavits shall not be received in reply, unless the Court or a judge shall otherwise order. SUMMARY AND APPEAL CAUSES. Debts under 880, 76. All actious for the recovery of debts, under eighty corored''^'^ doUars, shall be brought in a summary manner, and the presiding judge may determine the same, or order a trial by jury. Appellant to 77. In appeal causes the appellant shall cause his enter appeal on iiii. i iu ■ \ i. L docket, appeal to be entered on the uocket ot summary causes, and in case he shall neglect to enter the same the original judgment shall be affirmed, at the instance of the opposite party, with costs. Appeals to be 78. In all causes brought up by appeal and contested, anew. ^j^^ Court sliall try the same anew. Jury, how Ob- 79. lu Summary and appeal causes the application for **""^'* a jury must be by affidavit to the Court; and it shall be discretionary with tlie Court to grant the same, judgmentnpon 80. In appeal causes where the original judgment is ap^ai,how affirmed, the final judgment shall include the debt and costs below, with the further costs; and execution shall issue for such debt and costs, or for costs only, as the case may require. Whefe the original judgment is reversed after the same has been enforced, the final judgment shall include tlie amount levied under the original judgment, together with the costs of the reversal. Respondent's 81. In appeal cases the respondent may take out ex- judgment^' ecution against the appellant, or have recourse to the appeal bond. Summary 82. In futuro the Summary causes, iu all the counties musesj^whento except Halifax, shall be brought to trial and heard on the TITLE XXIII.] PLEADINGS AND PRACTICE. 467 first day of the torm, and tlio jury causes taken up imme- Chap. 94. diately afterwards. 83. At Halifax summary causes shall be set down and Triaiotsum- 4.„,' J ,T r, ., f,i .... mary causes at tried on tlie tirst day of trie sittings. Halifax. 84. All sumiTn,ry, sub-summary, appeal, and other causes May be tried returnable at Halifax, which can now be hoard in a sum- atohlmbera. mary way, may be tried before a judge at chambers in vacation, if the plaintiff in the suit, or the appellant or appellee in cases of appeal, shall desire to bring on the trial before the then next sittings of the Supreme Court; and causes other than summary may be tried in like man- ner, if both parties consent thereto in writing. 85. Ten days' notice shall, in such case, be given to Notice of tnai. the defendant, or by either the appellant or appellee in case of appeal, or his attorne}', of the time and place of trial, if the defendant resides in the county ; — twenty days if in any part of the Province, except Cape Breton ; and thirty days if within that Island. 86. In all other counties such causes, if not disposed of Howtriedin on the first day of the term, may be tried either in Court or "ttiw conaties. at cliambers on any other day in term. 87. All parties required to attend and give evidence at Parties bound to the trial or to produce books, papers, deeds, or other docii- *"™'*'**'' ments, and not appearing and not producing such docu- ments, shall bo subject to the same penalties as it the trial had taken place before the Court, and the judge shall have the same control over the proceedings. 88. The Court may, from time to time, make rales to Couit may regu- regnlate the practice, and direct when and where such "'"p'* '''^• trials shnll take place. APFIDAVITS. 89. The addition and place of residence of every per- Additions ot son making affidavit, except the same is made in a cause iJfaerM™™*** by any of the parties thereto, shall be inserted therein. 90. Where an affidavit is made before a judge, a Pro- Affidavit of mit- thonotary or a commissioner of the Court, by a party who ^'^'^'^P^^n. from his signature appears to be illiterate, the party taking the affidavit shall state in the jurat that it was read ai^d explained or words to that effect. 91. Every affidavit shall be drawn up in the first per- Rule for prepa- son, and shall be divided into paragraphs, And every p^ra- ""^ *®^*"'- graph shall be numbered consecutively. and as nearly as may be shall be confined to a distinct portjon of the subjoct. No costs shall be allowed for any affidavit, or part of an affidavit substantially departing from this rule. No affida- Alteration in vit shall be read, or made use of in any matter depending ^"'''■ in Court, in the jurat of which there shall be any interlinea- tion or erasure. im 458 PLEADINGS AND PRACTICE. [PART III. Chap. 94. Affidavit in answer. 92. Upon motions founded npon affidavits, it shall be lawful for eilher partjt, with leave of the Court or a judge, to make affidavits in answer to the affidavits of the oppo- site party, upon any now matter arising out of such affida- vits, subject to all such rules as may hereafter be made respecting such affidavits. Plea of abate- ment for misno- mer not to be Allowed. Joinder of too many plaintiffs not fatal. Bet-off against plaintiff impro- perly joined. Ifon-joinder of plaintiff. How amended. Parties joined ai plaintiffs, how struck out. MISNOMER AJTD JOINDEB OP PARTIES. 93. No plea in abatement for misnomer shall be allowed in any action ; but in cases of misnomer the defendant may, upon a judge's summons, founded on an affidavit of the right name, cause the writ to be amended at the cost of the plaintiff by inserting tlie right name ; and in case such summons be discharged, the judge may give costs in his discretion. 94. The joinder of too many plaintiflFs shall not be fatal to any action, but the plaintiff or plaintiffs entitled may recover. 95. The defendant in any action in which there is more than one plaintiff, on pleading a set-off, may obtain the benefit of the set-off on proving either that all the parties named as plaintiffs are indebted to him, notwithstanding that one or more of such plaintiffs was or were improperly joined, or on proving that the plaintiff or plaintiffs, or any or either of them who establish their right to maintain the action, was or were indebted to him. 96. The non-joinder of a person as plaintiff in any action shall be a variance to be amended at, or at any time before, the trial by-the Court or a judge, if it shall appear that such non-joinder was not for the purpose of obtaining an undue advantage, and that injustice would not be done by amending, and that the omitted party consent to be joined as a co-plaintiff: provided, however, that no such amendment shall be made if the defendant shall, at or before the time of pleading, have given notice to the plaintiff that he objects to such non-joinder ; and also that when a plaintiff shall be added, the defendant shall be at liberty to withdraw his plea, and allow judgment to be entered against him, in which case the defendant shall be entitled to tax his costs up to the time of such plaintiff's being added, and have execution against the plaintiff therefor. 97. In case such notice be given, or any plea of non- joinder be pleaded, the plaintiff shall be at liberty, with- out any order, to amend the writ and other proceedings, by adding the name of the person alleged to have been improperly omitted as plaintiff on payment of costs, and with liberty for the defendant to plead anew. 98. The Court or a judge may, at any time before, or at the trial, order that any person or persons originally TITLE XXIII.] PLEADINGS AND PRACTICE. 459 joined as plaintiff or plaintiffs shall be struck ont from Chap. 94. such cause, if it shall appear to the Court or a judge by affidavit that the person or persons to be struck out as aforesaid were originally introduced without his or their consent, or that such person or persons consent in writing to be struck out. In case such aiieuduient as in this and the preceding sections be made at the trial, it shall be made upon such terras as to the postponement of the trial, or otherwise as the presiding judge shall deem proper. 99. Where too many defendants are joined in an action Joinder of too on contract, the plaintiff shall be at liberty to recover "nt"^''^'™''" against such defendant or defendants as appear to be liable ; and the other defendants shall be acquitted, with like provisions respecting set-off, and evidence as in the case of too many plaintiffs, and the defendants so acquitted shall be entitled to their costs. 100. Upon a plea in abatement of non-joinder of a co-con- Piea inabn*- tractor as defendant, the plaintiff may, without any order, joinder. amend his writ, serve the amended writ on the added de- fendant, and proceed against batli ; and the date of such amendment shall, as between such added defendant and the plaintiff, be considered the commencement of the suit. 101. In such case, if upon the trial of the cause it Costs. shall appear that the added defendant was jointly liable, with the original defendant, the original defendant shall be entitled to the costs of the plea in abatement and amend- ment ; but if at the trial it shall appear that the plaintiff cannot maintain his action against the original and added defendants, but can maintain his action against the original defendant alone, the added defendant shall be acquitted with costs, and the plaintiff shall be entitled to recover ag-ainst the original defendant with costs, including those of the plea in abatement, and such costs as the plaintiff may have to pay the added defendant. DEATH AND MABKIAaB OP PAHTIBS. 102. The death of a plaintiff or defendant shall not neatii of party cause the action to abate, but it may be continued in man- aotion.*''*** ner and under the restrictions hereinafter mentioned. 103. If there be two or more plaintiffs or defendants Death of one o and one or more of them shall die, if the cause of guch ""™'*'p*'^'^^- action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants, tlie action shall not be thereby abated ; but such death being sug- gested upon the record, the action shall proceed at the snit of the surviving plaintiff or plaintiffs against the surviving defendant or defendants. *60 PLEADINGS AND PRACTICE. [PART III. Chap. 94, 104. In case of the death of a sole plaintiff, or sole sur- of sole plaintiff, viving plaintiff, the legal representative of sucli plaintiff may at any time within two years after such death, by leave of the Court or a judge, enter a suggestion of the death, and that he is such legal representative, and the action shall thereupon proceed : and if such suggestion be made before the trial, the truth of the suggestion shall he tried thereat, together with the cause of actiion of the deceas- ed plaintiff; and such judgment shall follow upon the ver- dict in favour of or against the person making the sug- gestion, as if such person were originally the plaintiff; and the defendant or person against whom the action may be so continued may apply by summons to com- pel the plaintiff, or person entitled to proceed with the action in the room of the plaintiff, to proceed accord- ing to the provisions of this Chapter, within such time as the jadge shall order; and in default of such proceeding the defendant, or other person against whom the action may bo so continued as aforesaid, shall bo entitled to enter a suggestion of such default, and of the representative character of the person by ar against whom the action may be proceeded with, as the case may be, and to have judgment for the costs of the action and suggestion against the plaintiff, or against the person entitled to proceed in his room, as the case may be, and in the latter case to be levied of the' goods of the testator or intestate. Of sole defend- 105. In case of the death of a sole defendant or sole surviving tlefendant, where the action survives, the plain- tiff may make a suggestion, either in any of the pleadings, if the cause has not arrived at issue, or in tho issue, if it has so arrived, of the death, and that a person named therein is the executor or administrator of the deceased; and may thereupon serve such executor or administrator with a copy of such writ and suggestion, and with a notice signed b}' the plaintiff or his attorney, requiring such executor or administrator to appear and plead within twelve, eighteen, or twenty-four days, as the case may be, after service of the notice, and that in default of his so doing, the plaintiff may sign judgment against him as snch executor or administrator ; and the same proceedings may be had in case of non-appearance and plea, after such notice as upon a writ against such executor or administrator, in respect of the cause for which the action was brought. In case no pleadings have taken place before the death, the suggestion shall form part of the declaration, and the declaration and suggestion may be served together ; and the new defendant shall plead thereto at the same time; and in case the plaintiff shall have served his declaration, but the defendant shall not have pleaded before the death, ant. TITLE XXin.] PLEADINGS AND PBACTICE. 461 the new ilefendant shall plead at the same time to the de- Chap. 94. claration and suggestion; and in case the defendant shall have pleaded before the deaths the new defendant shall be at liberty to plead to the suggestion, onl}' by way of denial, ov such plea as may be appropriate and rendered neces- sarj' by his character of executor or administrator, unless, by leave of the Court or a: judge, he should be permitted to plead fresh matter in answer to the declaration ; and, in case tlie defendant shall have pleaded before the death, but the pleadings shall not have arrived at issue, the new defendant, besides pleading to the suggestion, shall con- tinue the pleadings to issue in the same manner as the deceased might have done, and the pleadings upon the declaration and pleadings upon the suggestion shall be tried together ; and in case the plaintiff shall recover, he shall be entitled to the like judgment, in respect to the debt or sum sought to be recovered, and in respect of the costs, prior to the suggestion, and in respect of the costs, of the suggestion and subsequent thereto, as in an action originally commenced against the executor or administra- tor. 106. The death of either party, between the verdict' ^J,^i^''«^J«» and the judgment, shall not hereafter be alleged for error, judgment. so as such judgment be entered within two terms after such verdict, or such other time as the Court may allow. 107. If the plaintiff in any action happen to die after Dg^i "f pi^F- an interlocutory judgment or verdict, and before a final teciocutoryand judgment obtained therein, the* action shall not abate by ^*^ ^""'^'"""* reason thereof, if such action might have been originally prosecuted or maintained by the executor or administrator of such plaintiff; and if the defendant die after such inter- locutory judgment or verdict, and before final judgment obtained therein, the action shall not abate, if such action might be originally prosecuted or maintained against the executor or administrator of such defendant ; and the plaintiff, or if he be dead after such interlocutory judg- ment, his executors or administrators, may have a writ of revivor against the defendant, if living, after such inter- locutory judgment or verdict, or if he be dead, then against his executors or administrators, to shew cause why dam- ages in such action should not be assessed and recovered by him, or them ; and if such defendant, his executors or administrators, shall appear at the return of such writ, and not show or allege any matter sufficient to arrest final judgment, or shall make default, damages shall be there- upon assessed as hereinbefore provided ; and upon the return of the writ or delivery of the order, with the amount endorsed thereon, final judgment shall be given for the plaintiff, his executors or administrators, prosecuting 462 PLEADINGS AND PRACTICE. [PART III, Chap. 94. such writ of revivor against such defendant, his executors or administrators, respectively, Marriageoffe- 108. Tiie Kiarriage of a woman, plaintiif or defendant, defOTdintn?tto shall not cause the action to abate; but the action may, "•bate action. notwithstanding, be proceeded with to judgment, and such judgment may be executed against the wife alone, or, by suggestion or writ of revivor pursuant to this Chapter, judgment may be obtained against the husband and wife, and execution issue thereon ; and in case of a judgment for the wife, execution may be issued thereupon by the authority of the husband, without any writ of revivor or suggestion ; and if in any such action the wife shall sue or defend by attorney, appointed by her when sole, such attorney shall have authority to continue the action or defence, unless such authority be countermanded by the husband, and the attorney changed according to the prac- tice of the Court. OP SECUHITY FOB COSTS. Application for, when to be made. How obtained. Effect of not giTittg security. 109. An application to compel the plaintiff to give security for costs must in ordinary cases be made before issue joined ; and the bail shall justify as in other cases. 110. Any Prothonotary, in the absence of the judge from the county, shall have power to grant orders for the stay of proceedings in a cause until security for costs be filed, upon sufiScient grounds laid by affidavit in the same way as such orders are now granted by the Supreme Court or a judge ; but any party dissatisfied with a Prothonotary's decision may, at any time within twelve days thereafter, apply to the Supreme Court, upon motion, or to a judge at chambers, by summens upon affidavit, for a re-hearing. A plea filed in the meantime or other proceeding taken on the part of the plaintiff or defendant, shall not prejudice the party claiming a re-hearing. 111. 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. Questions may be stated for trial without pleadings. .ludgment there- oo. QUESTIONS RAISED BY CONSENT WITHOUT PLEADINGS. 11 2. The parties, after writ issued, may, by leave of the Court or a judge, state any question for trial, which they may think fit, without any pleadings, and with or without an agreement, that according as it may be determined, an agreed sum of money, or a sum to be ascertained by the jury, shall be paid, and as to payment of costs. 113. Upon such finding, judgment may be entered, and the proceedings recorded. TITLE XXIII.] PLEADINGS AND PRACTICE. 463 114. Questions of law, after writ issued, may be stated Chap. 94. for the opinion of the Court without pleading, and with Questions of — similar agreements as to money and costs to be recovered, ii^w, how stated. and with or without an agreement to bring errors, which may be brought when agreed. PLEADING. 115. The defendant shall appear and plead within four Defendanfa days after the time specified in the writ for his appearance. h^aidpiS-"" 116. Every declaration, whether in the body of the jf^- writ or annexed, and subsequent pleadings which shall foTmaiknguage clearly and distinctly state all such matters of fact as are pieaSIS^g'^"^ ™ necessary to sustain the action, defence, or reply, as the case may be, shall be sufficient ; and it shall not be neces- sary that such matters should be stated in any technical or formal language or manner, or that any technical or formal statements should be used. 117. All statements which need not be proved, such as immaterial the statement of time, quantity, quality and value, where omitte™^**" ''^ these are immaterial, that of losing and finding, and bail- ment in actions for goods or their value ; the statement of acts of trespass having been committed with force and arms, and against the peace of our Lady the Queen ; the statement of promises which need not be proved, as pro- mises in indebitatus counts and mutual promises to perform agreements, and the like statements shall be omitted ; and when any clearly unnecessary statement is made or any statement is made with unnecessary prolixity, as for in- stance, where evidence of the fact is pleaded instead of or as well as the matter of fact itself, or otherwise, it may be struck out or amended by the Cottrt or a judge with or without costs. 118. In summary causes the defendant shall not be Nopiea required required to file or serve a written plea; but he shall file ^°„™™™*''y and serve a written notice of appearance, in which he shall state briefly the grounds of his defence ; and, if he means to rely upon a set-ofF, he shall serve the plaintiff or his attorney with the particulars thereof- 119. No venue shall be changed without a special order change of venue. of the Court or a judge, unless by the consent of the parties. 120. The name of the county in the writ shall in all No venue in cases be taken to be the venue intended by the plaintifT; '''"'^"^ ""'*' and no venue shall be stated in the body of the writ or declaration, or in any subsequent pleading: provided that in "cases where local description is now required, such local description shall be given. 121. Either party may object by demurrer to the plead- ijemurrer to ings of the adverse party, on the ground that such plead- "^ '"*"■ 464 PLEADINGS AND PRACTICE, [PART III, Chap. 94. ings do not set forth sniScient ground of action, defence or reply, as the case may be ; and where issue is joined on demurrer, the Court shall proceed and give judgment according as the very right of the cause and matter in law shall appear unto thera, without regarding any imperfec- tion, omission, defect in, or lack of form ; and no judg- ment shall be arrested, stayed, or reversed for any such imperfection, omission, defect in, or lack of form. ^Sa'^b™^™'* 122. Either party may, by leave of the Court or a judge, upon suffiijient caus.-e, and supported by aiBdavit, plead and demur to the same pleading at the same time ; and it shall be in the discretion of the Court or a judge which issue shall he iirst disposed of. Effects in foi-m, ^23. Except in the cases hereinafter particularly men- tioned, no pleading shall be deemed insufficient for any defect now objectionable on special demurrer only, SeStotifenffif"" ^^*- Diiplicity, argumentativeness, and- uncertainty, and uncertainty, shall be no longer grounds of objection to a pleading, un- less the effect of such duplicity, argumentativeness, or uncertainty shall be to embarrass the opposite party : but if any pleading, by reason of duplicity, argumentativeness, or uncertainty, shall be so framed as to embarrass or mis- lead the opposite party, it shall be competent to the latter to apply to a judge to have such pleading amended ; which application shall be by summons, wherein the party shall state the particular ground ot objection, and require that the pleading be amended. amende!' """^ 125. Upon tho hearing of Ruch summons, if the judge shall be of opinion that the objection is well founded, and that the pleading is, in the matter objected to, so pleaded as to embarrass or mislead the opposite party, he may order the party pleading to amend in such manner as he may direct upon the payment of costs ; and in the event of such amendment not being made within a limited time, the party complaining shall be at liberty to demur ; but if the judge shall not be of such opinion, he shall dismiss the summons with costs ; and the party complaining shall have no further right of objection as to the point mentioned in the summons, or as to any other point of duplicity, argu- mentativeness, or uncertainty. Se'u'd°?s^'""^' ^■^^- '^^® powers conferred upon a judge under the two powers. last sectious, may be exercised by the Court. °i®'°<°!?'f, 12 i. A demurrer on any such ground shall state that pleaded by leave. ., it,, i tin i- • !■ it is pleaded by leave, and shall repeat the objection taken in the summons, and that only. Judgment on 128. CTpou the argument of such demurrer the Court emurrer. g\y^][ give judgment accordiug to the validity or invalidity of the specified objection and the substance of the pleading. TITLE XXIII.] PLT2ADING3 AND PRACTICE. 465 129. The form of a demurrer shall be as follows:— Chap. 94. , The plaintiff \or defendant] by his afftorney, Form of de- [or in person} says that the declaration [or plea, (fee.,] is ™"™''- bad in substance, for tlie following reasons, viz. : 130. The form of a joinder m demurrer in all cases shall i'""" of joinder. b« as follows : The plaintiff [or defendant] ssivs that the declaration [or plea, dtc] is good in substance. ' 131. In every demurrer some matter of law intended Matter of la^ to to be argued shall be stated ; and if any deinurrer shall be delivered without such statement, or with a frivolous statement, it may be set aside as irregular by the Court or a jadge, and leave may be given to sign judgment as for want of a plea; but the party demurring may, at the time of the argument, insist upon any further matters ot law, which have been added to the demurrer by a judge's order. 132. No rule for joinder in demurrer shall be required; joinder may be but the party demurring may deiliand a joinder in demur- '^™™'^'*" rer, and the opposite party shall be bound, within ten days after such demand, to deliver the same, otherwise judgment. 133. The Court or a judge shall, in all cases, have power False, frivolous, on such terms as to costs or otherwise as they shall think pieldS^gsTe^t fit, to set aside, in whole or in part, false, frivolous or vex-*^"**- atioHS pleadings, and pleadings colorably amended in pretended compliance with a judge's order to amend. 134. The forms contained in Schedule B shall be suiH- I'orms. cient ; and those and the like forms may be used, with such modifications as may be_ necessary to meet the facts of the case: but nothing herein contained shall render it erroneous or irregular to depart from the letter of such forms, so long as the substance is expressed without pro- lixity. 135. In all actions upon bills of exchange and promis- Pleas in actions sory notes, pleas that the defendant" never was indebted," change, &o. or " did not promise as alleged," shall be inadmissible. In such actions, therefore, a plea in denial must traverse some matter of fact : for example, the drawing, or making, or endorsing, or accepting, or presenting, or notice of dis- honor of the bill or note. 136. In every species of actions on contracts, all mat- ^^e*' o'"»°- ters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law on the ground of fraud or otherwise, shall be specially pleaded : for ex- ample, infancy, coverture, release, payment, performance, illegality of consideration, either by statute or by common law, drawing, endorsing, accepting, &o., bill or note by 29 466 PLEADINGS AND PRACTICE. [part III. Chap. 94. On policies of insurance. On specialties and covenants. way of accommodation, set-ofF, mutual credit, unseawor- thiness, misrepresentations, concealment, deviation, and various other defences, must be pleaded. , «137. In actions on policies of insurance, the interest of the insured may be averred thus : " That A., B., C. and D. [or some or one of them] were or was interested,'' &c. ; and it may be also averred, " that the insurance was made for the use and benefit and on the account of the person or persons so interested." 138. In actions on specialties and covenants, the defen- dant's plea that the alleged deed is not his deed shall operate as a denial of the execution of the deed in point of fact only ; and all other defences shall be specially pleaded, including matters which make the deed absolutely void as well as those which make it voidable. 139. The plea of " nil debef shall not be allowed in any action. 140. All matters in confession and avoidance shall be pleaded specially as above directed in actions on simple contracts. 141. Where a defendant intends to set up fraud as a defence to the declaration, or a plaintiff to rely upon fraud in answer to the plea of the defendant, it must be pleaded ; but fraud may be proved without plea, in answer to any matter of evidence not upon the record. 142. In all cases the plaintiff may reply without the leave of the Court or a judge ; and where the plaintiff shall not reply before trial, or within thirty days after the service of the pleas, he shall be taken to have denied the facts alleged therein ; Imt the Court or a judge may give leave to apply after the expiration of the thirty days. 143. Payment shall not in any case be allowed to be given in evidence in reduction of damages or debt, unless the same shall be pleaded in bar. 144. In actions for wrongs independent of contract a plea that the defendant did not do what is complained of • by the plaintiff, shall operate as a denial only of the breach of duty, or wrongful act, alleged to have been committed by the defendant, and not of the facts stated in the induce- ment ; and no other defence than such denial shall be admis- sible under that plea. All other pleas in denial shall take issue on some particular matter of fact alleged in the writ or declaration ; and all matters in confession or avoidance shall be pleaded specially as in actions on contract. Trespass to land. 145. In actious for trespass to land, a plea that the defendant did not commit the trespass complained of shall operate as a denial that the defendant committed the tres- pass alleged in the place mentioned, but not as a denial of the plaintiff's possession or right of possession of that place, " Nil debet" not allowed. Matters in con- fession, &c. Fraud must be pies ded. Beplication. Payment. Actions for wrongs. TITLE XXIII.] PLEADINGS AND PRACTICE. 467 which, if intended to be denied, must be traversed spe- Chap. 94. cially. 146. In actions for taking, damaging, or converting the Takmggoocis, plaintiflPs goods, a plea denying the defendant's having ' committed the wrong alleged by taking, damaging, or con- verting the goods mentioned, shall not operate as a denial of the plaintiff's property therein, which, if intended to be denied, must be traversed specially. 147. Express color, profert, oyer and special traverses, sixpress color, are abolished. 148. Each party shall be entitled to demand of the other inspection ot a copy or inspection, or both copy and inspection, in whole brdema^ded!*^ or in part, of any deed, agreement, bill, or other written document, mentioned or referred to in his pleading, or in any paper therein referred to, or whereof inspection could be ob^ined by a bill of discovery ; and in the event of such copy not being delivered, or such inspection not being granted, shall be entitled to apply to the Court or a judge for an order for such copy or inspection, or both, as the Court or a judge may think fit. 149. Such demand, summons, or order, shall be no stay Puohdemandno ' st iv Of txroc6Cd- of proceedings, unless specially ordered; and the Court orings. a judge may impose such conditions for enforcing obedience thereto as may be deemed right. 1-50. A party pleading in answer to any pleading in ^J5f"™™^fnL which such document is mentioned or referred to, shall be at liberty to set out the whole, or such part, or the sub- stance thereof, as may be material ; and the matter so set out shall be deemed and taken to be part of the pleading in which it is set out. 151. A plaintif}' or defendant may aver performance of f™™«°tofp«'^- . r J r rormance, and conditions precedent generally; and the opposite party dental, shall not deny such averment generally, but shall specify the condition or conditions precedent the performance of which he intends to contest. 152. The general issue, and all general pleas, are abol- ^°?*^^^'^™^ ished, and every pleading shall specify, particularly and concisely, the facts intended to be denied. 153. The rule to plead, and the demand of plea are sijsto plead abolished, and the notice to plead, which may be endor- piea abolished, sed on the writ, or declaration, or delivered separately, shall be alone retained. 154. With any amended declaration, plea, or subsequent Notice to plead,. pleading, delivered in any cause in Term or vacation, a notice to the following effect may be endorsed : " Ten days are given to the plairitiff (or defendant) to plead, [reply], &o., in the cause'' : and thereupon, if the party thus noti- fied shall neglect to file his plea, replication, rejoinder, or other pleading, as' the case may be; within ten days from 468 PLEADINGS AND PRACTICE, [part m. Several couEts for same cause of action. Costs, how borne. Entry of con- tinuance, &c., abolished. Chap. 94. the time of service of such notice, and to deliver a copy of the same to the opposite attorney, the party giving such notice shall, after the expiration of that time, be at liberty^ being plaintiff in the cause, to mark a default as for want of plea ; or, being defendant, to sign judgment of non pros : provided, however, that the Court or a judge may, upon application, grant further time to plead ; and may also, upon proper cause alleged and verified, order such default or non pros, to be set aside, upon such terms as shall be thought reasonable and just ; and provided also, that the Court or any judge therenf may, in such cases as require it, give a rule or order to plead, reply, &c., within anj shorter period than ten days. 155. Two or more counts may be added for the same cause of action, and several pleas, replications and subse- quent pleadings may be pleaded ; but no costs shall be allowed for any count or other pleading which may appear to the judge unnecessary^. The costs of all issues shall be borne by the party against whom they are found ; and the jury shaill be required to find the truth on each issue. 156. No entry of continuance, by way of imparlance, curia advisari vult, vice-comes non misit breve, or otherwise, shall be made upon any record or roll whatever, or in the pleadings ; but in all cases in which a plea puis darrein continuance is now by law pleadable, the same defence may be pleaded with an allegation that the matter arose after the last pleading, or the issuing of the jury process, as the case may be. 157. Any defence arising after the commencement ot any action, shall be pleaded according to the fact, without any formal commencement or conclusion ; and any, plea which does not state whether the defence therein set up arose before or after action, shall be deemed to be a plea of matter arising before action. 158. In ejectment and in trespass quare clausum /regit, the property shall be described by metes and bounds, or other certain designation. 159. In any action for trespass to a person or property, the defendant shall be entitled to particulars, identifyjng the cause of action for which the plaintiff is proceeding, and the plaintiff to particulars of any justification pleaded by the defendant; and the judge may order plans of the place in question to be exchanged between the parties. 160. No new assignment shall be pleaded, unless by leave of the Court or a judge. 161. No plea which has already been pleaded to the declaration, shall be pleaded to a new assignment, except a plea in denial, unless by leave of the Court or a judge ; and such leave shall" only be granted upon satisfactory Defence arising after last plead- ing. Property de- scription of in ejectment, &c. Particulars may be demanded in actions of tres- No new assign- ment. Plea to new assignment. TITLE XXIII.] PLEADINGS AND PRACTICE. 469 proof that the repetitioa of such plea is essential to a trial Chap, 94. on the merits. 162. It shall be lawful for a plaintiff in replevin, or for ^i"'*?''^^ P'^^^L the defendant in any cause in the Supreme Court in which, S cCTtatawses. if judgment were obtained, he would have been entitled to relief against such judgment on equitable grounds, to plead the facts which entitle him to such relief by waj' of defence ; and the Court shall receive such defence by way of plea ; provided that such plea shall begin with the words, " for defence on equitable grounds,'' or words to the like effect. 163. The plaintiff may reply, by leave of the Court or EepUcation to a judge, in answer to any plea of the defendant, facts ^'ouX.'*"'**'''' which avoid such plea upon equitable grounds; provided that such replication shall begin with the words, " for replication on equitable grounds," or words to the like effect. 164. When such plea or replication on equitable grounds J'*^^™-^''^ "^^ is put in, the particulars of demand and set-off may be obtained as in other cases. 165. In actions of libel and slander, the plaintiff may Kbeiandsian- aver that the words or matter complained of were used in j^^''*™'""""' ' a defamatory sense, specifying such defamatory sense, without any prefatory averments to show how such words or matter were used in that sense ; and such averments shall be put in issue by the denial of the alleged slander or libel ; and where the words or matter set forth, with or without the alleged meaning, shew a cause of action, the declaration shall be sufficient. 166. In actions of slander the precise words need not Precise words in be proved as stated ; provided the defamatory matter itself be proved! shall be substantially proved : nor shall it be necessary to aver, or prove special damage, where it shall appear that the words were defamatory, and were spoken falsely and maliciously. 167. In all personal actions, except actions for malicious compensation or . .. ••!' i II 1* amends in cer- arrest or prosecution, criminal conversation, or debauching tain personal ac- the plaintiff's daughter or servant, the defendant, or the''""^" plaintiff in replevin in cases where an avowry is pleaded, may pay into Court a sum of money, by way of compensa- tion or amends, without any rule or judge's order for that purpose, except in the case of one or more of several defendants, when such leave must be obtained and may be granted on such terms as the Court or a judge may think fit. 168. When money is paid into Court, such payment Payment into shall be pleaded in all cases, and in any stage of the cause, ^ra'de"™* "^ as nearly as may be in the following form : The defendant, by , his attorney, [or in person], ^""""'P'e*- 470 PLEADINGS AND PBACTICB. [part III. Chap. 94. How paid in and out. Beplication to plea of payment Time to plead, how obtained. Pleadings mnst be Med and aerved. Counsel's signa- ture unneces- sary. Plea not to be waived without leave. Mutual debts -may be set off. \if pleaded as to part, say as to $ , parcel of the mon'ei/ 'claimed], brings into Court the sum of $ , and says that the- said sum is enough to satisfy the claim of tfie plaintiff in respect of the matter herein pleaded to. 169. When money is paid into Court the same shall be paid to the proper (ifficer, wlio shall give a receipt lor the amount in the margin of the plea ; and the same shall be paid out to the plaintiff or his attorney on demand. 170. The plaintiff, alter delivery of a plea of payment of money into Court, shall be at liberty to reply to the same by accepting the sum so paid into Court, in 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 judg- ment for his costs of suit so taxed : or the plaintiff may reply that the sum paid into Court is not enough to satisfy the claim ot the plaintiff in respect of the matter to which the plea is pleaded ; and, in the event of an issue thereon being found for the defendant, the defendant shall be en- titled to his judgment and costs ; and if the plaintiff shall not, within thirty daj's after service of plea, reply that the sum is not sufficient, he shall be held to have accepted payment in full satisfaction of the plaintiff's claim. 171. No rule or order for further time to plead shall be granted, unless the grounds of such application be dis- closed by affidavit ; and it shall then rest with the Court or a judge, in their discretion, to grant such rule under the special circumstances of each particular case ; but the Prothonotary in any county upon affidavit that the defend- ant has a good defence upon the merits, and that time is required to put in pleas, and that the application is noi merely for delay, may grant an order for further time to plead not exceeding ten days, and not to extend beyond the first day of the term or sittings for which notice of trial may have been given. 172. It shall be imperative on the party, plaintiff or defendant, to deliver to the opposite party, or his attorney, as well as to file all pleadings within the time limited therefor. 173. It shall not be necessary to have a counsel's sig- nature to any pleading, but all pleadings shall be signgd with the name of the party or his attorney. 174. The defendant shall not be at liberty to waive bis plea, without leave of the-Court or a judge, and on such reasonable terms as they shall approve. 175. 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 of a different nature, and TITLE XXIII.] PLEAJDINGS AND PEACTICB. 471 where a set-off greater than the plaintiff's claim has been Chap. 94. proved, judgment for the excess shall be given for the defendant. 176. In a plea or subsequent pleading, intended to be pieas in bar, &e., 1 J J • 1 . .1 11 • ° 11 -. 1 11 formal parts pieadea ni bar to the whole action generally, it shall abolished. not be necessary to use any allegation of actionem non, or to the like effect, or any prayer ot 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 predudi 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 Proviso, cases where an estoppel is pleaded. 177. No formaj defence shall be required in a plea, and ^°™eLlry.'"'* it shall commence as follows : The defendant, by , his attorney, [or in personal says that . 178. It shall not be necessary to state in a second or I'ra™ not to be other plea, or avowry, or cognizance, that it is pleaded by sequent pieas. leave of the Court, or according to the form of the statute, or to that effect ; nor shall such leave be required. 179. Where there are two or more counts substantially °i®s,tion t"sev- for the same cause of action, or two or more pleas raising erai counts allow- substantially the same defence to the same cause of action, * the defendant or plaintiff may, on suggesting the fact in his plea or replication, plead a single plea or replication to such counts or pleas ; and, when the opposite party insists that the cause of action or defence is not the same, he may apply to the Court or a judge, who may set aside the plea or replication on such terms or make such other order as shall appear to be right or just. 180. In all actions by and against the assignees of a character of par- bankrupt or insolvent, or executors or administrators, or suits not to be in persons authorized by Act of Parliament to sue or be '^™®" sued as nominal parties, the character in which the plaintiff or defendant is stated on the record to sue or be sued, shall not in any case be considered as in issue, unless specially denied. 181. The plaintiff may discontinue at any time by filing Discontinuance, either a discontinuance or a rule therefor ; and thereupon the defendant may at once tax his costs of defence and enter judgment therefor. 182. Different causes of action, of whatever kind.ex- ^iff«:™t'!*™es ,1 . . . -I . ™ , ,M ... of action may cept local causes arising in different counties, may be join- be joined. ed in the same suit; provided they be by and against the same parties and in the same rights : but the Court or a judge shall have power to prevent the trial of different 472 PLEADINGS AND PRACTICE. [PART IIL Action brought by man and wife. Chap. 94. causes of action together, if such trial would, in their judgment, bo inexpedient, and in such case may order separate issues to be made up and separate trials to be had ; but nothing herein contained shall restrict or dimin- ish the obligation, or right of a plaintiff to include in one action all or any of the drawers, makers, endorsers and acceptors of any bill of exchange or promissory note. 183. In any action brought by a man and his wife on any cause of action ex contractu or ex delicto accruing per- sonally to the wife, in respect of which they are necessarily co-plaintiffs, the husband may add thereto claims in his own right, and the damages may be set out as to the hus- band alone ; and separate acticms brought in respect of such claims may be consolidated, if the Court or a judge think fit ; but in case of the death of either plaintiff, such suit shall abate so far onh' as relates to the causes of action, if any, which do not survive. 184. In any action for slanderous woVds spoken of any woman, imputing to her any unchaste conduct,, it shall not be necessary to allege in pleading, or prove at the trial, that any special damage resulted to her from the utter- ance of such words ; but she shall recover such damages as may be assessed, without such averment or proof of damage. Special damage need nat be proved in cer- tain actions^ Notice of trial in cases of non- residents. Wliat length of notice of trial sufficient. 185. Where a party who has brought an action or been served with process within the jurisdiction resides out of the Province, notices of trial shall be served at least twenty days before the first day of the Term or the Sittings thereafter. 186. A notice of trial endorsed on a writ o-f summons, shall be sufficient, if served the same n-uraber of days re- quired for the defendant's appearance in the Term or Sit- tings mentioned in such notice ; and in continued caseSf where the defendant resides within the county (except in the Island of Cape Breton) in which the action is brought^ the notice shall be served at least twenty days ; if in any other county, at least thirty daj's ; and if the defendant resides in Cape Breton and the action is brought in any county not in the Island, or if the defendant resides out of Cape Breton and the action is brought within any county in the Island, at least forty days before the first day of the Term or the Sittings thereafter ; and if the plaintiff shall not proceed to trial pursuant to such notice, he shall be liable to pay to the defendant the costs of not proceeding 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 TITLE XXIII.] PLEADINGS AND PRACTICE. 473 least four days ; or in case the defendant resides in Cape Chap. 94. 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 the Sit- tings 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 counter- mand, in consequence of the notice of trial. 187. All notices given in the prosrress of or preparatory Notices, how to to a cause, between the attorneys, shall be received in evi- evidence, dence on affidavits of the service thereof made by the attorneys or their clerks, specifying the times and mode of such service. SCIBE FACIAS. 188. During the lives of the parties to a judgment, or ^u°"^thi™'' those of them during whose lives execution might formerly six years. issue within a year and a day without a scire facias, execu- tion may issue without a revival of the judgment, at any time within six years after the judgment. 189. In cases where it become necessary, by reason Judgmeni, either of the lapse of time, or of a change by death, or "^"""^ • otherwise, tof the party entitled or liable to execution, the party alleging himself entitled to execution shall be allowed either to sue out a writ in the nature of a scire facias, to be called a writ of revivor, according to the form set forth ^"' °' ™"™'' in Schedule A, number 13, or to apply to the Court or a judge tor leave to enter a suggestion to the effect that it suggestion. manifestl}' appears to the Court, that he is entitled to exe- cution of the judgment, and to issue execution thereupon ; such leave to be granted by the Court or a judge, upon a rule to shew cause, or a summons to be served as at pre- sent, or in such other manner as may be directed by such Court or a judge, which rule or summons may be in the form given in Schedule A, number 14 ; and upon such application, in case it manifestly appears that the party making the same is entitled to execution, the Court or a judge shall allow such suggestion to be entered in the form given in Schedule A, number 15, and execution to issue, and order whether or not the costs of the applica- tion shall be paid by the applicant ; and in case it does not manifestly so appear, shall discharge the rule or dismiss t^e summons with or without costs, and the party apply- ing shall, in such case, nevertheless, be at liberty to pro- * ceed by revivor, or action upon the judgment. 190. In cases where a party shall be desirous of revi- ?«j^™^jj°'^jip^ ving a judgment under the last section, and the defendant defendant out shall not be within the Province, instead of the personal " p™"""*- 474 PLEADINGS AND PRACTICE. [PART III. Chap. 94. service of the writ of revivor, or of the rule of sumnjons to shew cause why execution should not issue, it shall be in the power of the Supreme Court or a judge, on suffi- cient cause shewn to the satisfaction of such Court or judge to order publication or constructive service ot the writ or rule to be made in such manner, and for such time, as the Court or judge shall think proper; and such publi- cation or constructive service shall have the same effeetas a personal service on_the defendant. AMENDMENT. Court or judge 191. The Supreme Court, and every judge thereof, fecte,*&c.™ ^ shall at all times have the power of amending all defects and errors in any proceedings in civil causes, whether there be anything in writing to amend by or not, and whether the defect or error be that of the party or not ; and all such amendments may be made with or without costs, and upon such terms as to the Court or a judge shall seem fit ; and all such amendments as may be necessary for the purpose of determining in the existing suit the real question in controversj' between the parties, shall be made. Party dissatis- 192. The party against whom such amendment shall be ment?' "™^"'*' made, if dissatisfied therewith, may apply to the Court for a new trial on that ground ; and the Court shall thereupon make such order as to a new trial, and the terms on which such new trial shall be granted, or such other orders as they may deem reasonable. Amendment at 193. In all such cases the judge, instead of causing the ludge.^"™"^ °' writ, pleadings, issue roll, or document to be amended, may direct the jury to find the facts according to the evi- dence ; and such finding shall be stated on the writ, issue roll, or document ; and if the judge shall deem such defect or error immaterial to the merits of the case, and the mis- statements such as could not have prejudiced the opposite party, he shall give judgment according to the justice of the case. BAIL. Bail to sheriff to 194. Bail to the Sheriff shall continue bail to the action, be bail to action. ^^^ gj^g^j] j^^^^ ^^^ power of rendering the defendant, when- Pormof bond, ©ver they shall see fit to do so, — the bail bond to be in the form in Schedule A, number 26. Special bail not 195. A party who has given bail to the Sheriff, which bSTtSerlfl^lbail has justified when required to do so, may appear and ustify. defend the action without filing speoia;l bail. Bail to siieriff, 196. The bail to the Sheriff may be called upon to jus-' «hen to justify, tjfj^^^jjj the return of the writ; and the Sheriff shall be liable for taking insufficient bail ; but he may relieve him- self at any tim6 before judgment by causing the defendant TITLE SXIII.] PLEADINGS AND PRACTICE. 475 to be rendered, and upon payment of all costa which may Chap. 94.- have been incurred by the plaintiff in consequence of such bail being insufficient. 197. The Sheriff shall return the bail bond with the b^^^^°/ *^;^« capias to the Court where the writ is returnable, with an writ. assignment thereon to the plaintiff, whioh assignment may be made by the Sheriff endorsing his name thereon ; and the same shall be sufficient to enable the plaintiff to bring action thereon in his own name against the sevei-al parties who have executed the same. 198. In any case where the writ of execution against i^^edto^?ender the defendant in any action is returned non est inuen^its, in action upon d,- . "^ ,T .,i.i.i ,1. bail bond. an action is prosecuted against his ban upon their bond, they shall be allowed to render their principal in discharge thereof at any time before the time for pleading has elapsed, if they pay to the plaintiff the costs which have been incurred in the action against them upon their bond. 199. When the bail live above twenty miles from the JH'- """«** 1 1 , ... , i'' ii'iT distance, may place where the action is brought, or where the bail live justify before within that distance, but the Court shall not be in session, ■'" ®*' " they may justify before a judge or a commissioner, by affidavit ; and the judge or commissioner may examine the sureties upon oath touching the value of their respec- tive estates. THE DOCKET. 200. The list of all summary and jury causes for trial i''^*'''''?;"^^^ ii • iT~.i ifim when to be given must be given to the Frothonotary on or beicre the lues- in. day preceding the first day of the Sittings or Term at which such causes are to be tried. 201. In making up the docket of civil causes for trial, Buiesformaking the Frothonotary shall be guided by the following rules : — trmi."" * 1st, All summary and appeal causes shall have prece- dence, except when ordered to be tried by a jury ; and then they shall be entered on the docket according to .seniority as declaration causes ; such seniority in appeal causes to bear relation to the issuing of the original writs. 2nd. The seniority of all other causes shall be deter- mined by the date of the issue of the respective writ^. 3rd. All causes given in, that shall have been called on the list of the next preceding Term or Sittings, and the trial of which shall have been deferred without the fault of the plaintiff, or which were not tried for want of time, shall be placed on the docket or judgei's list in the relative order in which they stood on the docket or list of such preceding Term or Sittings. 202. The docket of new as well as continued jury Docket, when to causes fbr trial shall be called on the first day of each ""^ ''°^*''' 476 PLEADINGS AND PRACTICE. [part III. Chap. 94. Sittings at Halifax or Term on Circuit, at or shortly after the opening of the Court ; and the plaintiff's attorney or Btatements to be counsel, wheu a causo is so called, shall be required to towli'ii'ddefmce State whether he intends to try the same at such Sittings ; of causes. ^nd in default of such statement the cause shall be struck off the docket, and stand continued ; and the attorney or counsel of the defendant shall in like manner be required to state whether he intends defending the same ; and in default of such statement the cause shall be struck off the docket, and judgment, whether interlocutory or otherwise, may be entered up for the plaintiff, and further proceed- iugs had as if no plea had been filed ; but the Court or a Judge, upon due cause shown, 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. Docket to be 203. "^ The dockot of causes for trial shall be called but called oaoc. onco, both at the Sittings in Halifax and on the Circuit. Halifax. Charge on Entry on Docket. notor^^D'en?^ 204. There shall be paid to the Prothonotary at Halifax of causes, &o., at the sum of OHO dollar on the first entry of all declaration causes given in to him for trial at the sittings, and fifty cents on the first entry of all causes given in to him for argument at the term ; and the same shall be taxed to and allowed the plaintiff, in his bill of costs, and, in the case of causes entered for argument, to the party, entering the cause, should the plaintiff, and the party entering the cause for argument respectively succeed, and be entitled to the costs of the trial or of the argument. The Protho- notary shall not enter on the docket of causes for trial or argument any cause on which the sum of one dollar or fifty cents, as the case may be for such entry; shall not have been paid him. 205. The Prothonotary shall on the day following the giving in of such causes respectively pay over to the Trea- surer of the Nova Scotia Barristers' Society, on his receipt, the amount received by him for such entries. 4- 206. The amount so paid in to the Treasurer shall be appropriated to the use of the law library under the direc- tion of the officers for the time being of the Society. To be paid to the barristers society. For the use of the law library, OP THE TBIAL : AND NBW TBIALS. Absence of ma- terial witness. 207. No rule shall be granted for the continuance of a cause upon the ground of the absence of a material wit- ness, unless the affidavit upon which the rule is applied for shall, in addition to the usual grounds, distinctly state that the party so applying has a just defence upon the TITLE XXIIT.] PLEADINGS AND PRACTICE. 477 merits of the case, and that the application is not made Chap. 94. solely for delay, but to enable the applicant to substantiate his defence. 208. The Court will hear one counsel only on each side, one counsel on ^. .. ,. , .1/1 i-r each side heard upon any motion arising during the trial ox a cause, and it on motion an- cases be cited in opposition to such motion one counsel ''°®'*"'°^'™'' will be heard in reply. 209. Upon the trial ofanv cause the addresses to the Addresses to jury shall be regulated as follows :— The party who begins, J"? regulated. or his counsel, shall be allowed, in the event of his oppo- nent not announcing at the close of the case of, the party who begins his intention to adduce evidence, to address the jury a second time at the close of such case for the purpose of summing up the evidence ; and the party on the other side, or his counsel, shall be allowed to open the case, and also to sum up the evidence, if any ; and the right to reply shall be the same as at present. 210. It shall be lawful for the presiding judge at i^^^ 'Joai^aS '"^' trial of any cause, where he may deem it right for the purposes of justice, to order an adjournment for such time during the same Term or Sittings, or to the next Term or Sittings, and subject to such rules and conditions, as to costs or otherwise, as he may think fit. 211. No new trial shall be granted on account of evi- wonewtmi ^^ ll AVLQ6I1C6 dence having been improperly received on any trial, if, in sufficient. the judgment of the Court there be other evidence suffi- cient to sustain the verdict. 212. When the iudge shall refuse to grant a rule wisi ??'? ^<"" "^^ , .-i-.-ii/ 1- II 1 tf'*' under tor a new trial, in a cause tried before him, and the counsel statute, for the party shall, on or before the last day of the Term, or the Sittings after Term, in which the cause has been . tried, or such extended time thereafter as the judge who tried the cause shall in his discretion allow, file sufficient bail in such reasonable amount as the judge shall direct, to respond the judgment to be finally given in the cause, no judgment shall be entered up; but a rule nisi specify- ing the objections, shall pass, under which the party shall be at liberty to enter the cause, and it shall stand for argu- .. ment in the same manner as if the rule nisi had been granted by the judge presiding at the trial. 213. The parties to any cause now triable by iury may, issueof fact 1 J. ■ rt / -i.- • 1 u iU ■'' may be left to by consent, in open Court, or writing signed by them or decision otpre- their attorneys or counsel, as the case may be, and at any aiding judge. time before trial, leave the decision of any issue of fact to the presiding judge ; provided that the Court, upon mo- tion, or the presiding judge shall, in their or his discretion, think fit to allow such trial ; and such issue of fact may thereupon be tried and determined, and damages assessed, where necessary, in open Court, in Term, or the Sittingg 478 PLEADINGS AND PRACTIGB. [PART Ilf. Chap. 94. after the Term,"or in Halifax at Chambers, by the presiding judge, whose decision shall be of the same effect as the verdict of a jury ; and the proceedings upon and after such trial, as to the power of the Court or judge, the moving for a new trial, the evidence and otherwise, shall be the same as in the case of trial by jury ; save that it shall not be questioned upon the ground of being against the weight of evidence. Inspection. Ruieororder 214. Either party shall be at liberty to apply to the ofVro^rtyhow Court or a judge for a rule or order for the inspection, by obtained. ^j^^ whoIe jury or by the judge before whom the cause is to be tried, or by the party himself or by his witnesses, of any real or personal property, the inspection of which may be material to the proper determination of the question in dispute ; and it shall be lawful for the Court or a judge, if they shall think fit, to make such rule or order upon such terras as to costs and otherwise as such Court or judge shall direct. OF AKOtTMENTS, ETC. Entry of rauses 215. All causes for argument, whether upon demurrer, special verdicts, cases made, or rules nisi which have been granted, or causes in which the party has given bail to respond 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 be- » ing omitted from neglect or other cause, judgment shall be entered against the party who ought to have made such entry, unless the Court shallotherwise order. s?t"ilide™rdicts. 216. In all cases where rules nisi have been granted to set aside verdicts, or which may otherwise delay judg- ment, the party who has obtained the rule shall enter the cause for argument on the Tuesday preceding the Term. nm*tf othe'° " ^^'^^ '^^^ P'^fty agaiust whom any rule nisi has been party. granted may enter the cause with the Prothonotary ; and in such case the cause shall be placed on the list prepared by the Prothonotary for the Court in the order in which it first presents itself under the rule, and shall not be entered a second time. kTblflil?™ 2^^" '^^^ demurrer book, special verdict, case, judge's report, affidavits, or other papers upon which rules mst have been granted, must be on file on the Tuesday before the first day of Term at Halifax. Ki>'e nisi for 219. No rule nisi, for a new trial shall be argued at the tube argued, Commencement of the Term at Halifax unless the judge's TITLE XXIII.] PLEADINGS AND PRACTICE. 479 report, of the facts proved or the points reserved shall Chap. 94. have been filed on the^^Tuesday preceding the Term, which either party requiring the same shall apply to for the judge ; and the judge shall deliver his report to the Prothonotary, who shall furnish copies thereof to the parties requiring the same ; and the argument shall be confined to the facts therein stated ; but it shall be competent for either party, on notice to the adverse party, to apply to the judge to alter or amend his report by. his original notes, or other- wise by the consent of the parties or on affidavit. 220. When rules nisi are moved for on the first day of Raie nisi may the Term at Halifax, the Court, on sufiicient grounds laid, flrstX/of"" may grant the same without hearing the other side. '''™' 221. On the first day of Term at Halifax, the Court ^^^°es3^of. shall pronounce judgment, if prepared so to do, upon such fax. cases as have been fully argued, after which they shall hear motions which do npt require to be entered for argu- ment, in the order in which motions are now heard, begin- ning with the Attorney General and proceeding through the bar according to priority. 222. The motions and other necessary business of the fouMeVreguia- first day of Term at Halifax having been disposed of, the te^. remainder of that day and the subsequent days of the Term shall be devoted to hearing arguments upon the cases duly entered with the Prothonotary, in the following order : the first case upon^the Abtorney-Greneral's list; and so on through the whole bar, according to priority ; after the first case upon the junior barrister's list has been heard, then the second case upon the Attorney-General's list, and so on until all the causes entered for argument have been heard : but causes entered for argument and continued over the Term shall in subsequent terms retain the places they originally occupied on the docket, and take priority of new causes. No concilium shall be moved for upon demurrers, which will take their turn with other causes entered for argument. 223. The party, who has obtained the rule nisi shall ^Jf"^«j^';,^„. briefly bring under the notice of the Court the grounds dMted. 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 different course ; and the right of counsel to be heard on the argu- ment of demurrers or cases, shall be the same as in ordi- nary arguments. 224. , The attorneys in the several causes for argument p°?4*^t„°bffur- must provide each of the judges with copies of all papers "j^he^^ to necessary to be perused by them before the argument begins. * ^^' 225. A case entered into by real parties, plaintiffs and p^eTwUhout defendants, and signed by counsel, m«y be filed, entered, ™ue of wrt. 480 PLEADINGS AND PRACTICE. [PART III. Chap. 94. ^^^ argued, without any writ having if?Bued, and judgment may be entered and execution issued thereon, as if the suit had been instituted in the usual way. 226. When cases have been fully argued, and the several judges who heard the argument have decided upon the judgment to be delivered, aud have reduced their opinions to writing, the judgment, of the Court may be pronounced by a judge at chambers, after the several opinions have been read. Judgment may be pronounced at chambers. ■'Warrants, Ac., when to l>e liled. '^ Provision for warrmats in cer- tain case^. Provieion for jud^rments since 1st Sept. 1851. OF VERDICTS, JUDGMENTS, ETC. 227. Every warrant of attorney to confess judgment in any personal action, and every cognovit actionem in any such action, and every defeazance or condition to which such warrant or cognovit may be subject, shall with- in thirty daj's from the date of such warrant or cognovit respectively, be filed in the office of the prothonotary of the county wherein the person giving such warrant or cognovit resides ; and unless such warrant or cognovit, together with the defeasance or condition to which the same may be subject, shall be so filed, such warrant or cognovit shall be null and void to all intents and purposes whatsoever. Provided that every defeasance or condition above referred to shall be written on the same paper on which the warrant or cognovit is written, and in default thereof such defeasance or condition shall be void. 228. No warrant of attorney nor cognovit nor any judgment heretofore entered up thereon shall be held in- operative or void by reason only that such warrant or cognovit shall not have been filed in the office of the pro- thonotary of the county wherein the person giving such warrant or cognovit, resided at the date of the same ; provided such judgment shall have been otherwise duly entered up within ten days after the date of such warrant ; and such judgment shall form a good and valid lien upon the real estate of the party executing such warrant or cognovit : 'provided such judgment shall have been duly registered in the office of the Registrar of Deeds for the county or district wherein the real estate is situate. 229. Judgments entered in the book of country judg- ments, since the first day of September, 1851, and the transcripts thereof entered in the county judgment books, and all other proceedings had under such judgments, shall have the same effect as if section 19 ot Chapter 89 " Of the Supreme Court and its Officers," had been in force when such judgments had been entered, and as it the same had been entered, and such other proceedings been had thereunder. TITLE XXriI.] PLEADINGS AND PRACTICE. iSl 230. In case hereafter of a verdict or an award under Chap. 94. an order of Court foV^ sum of money, in favor of a plaintiff j-p)^^^^,.^,,^^ or defendant, where Tinal iudgraent is delayed by a rule ea on verdicts „.■„■ ii J- ,^1 .. p ii -1 i and awards nist or other proceeding on the part or the opposite party, in certain cases. and judgment shall be ultimately given for the party recov- ering the verdict or in wliose favor the award is, such judgment shall be entered on the verdict or award with interest, unless the Court or a judge shall otherwise order. 231. Upon all debts or sums certain, the jury, or the interest may Court or a judge where there is no jury, or an arbitrator jur^, 'judge o^ under a rule of Court, 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 of 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. 232. The jury or the Court, or the Judge where there Damagesin is no jury, or an arbitrator under rule of Court, may give te^Mrml^be damages in the nature of interest over and above the value aUowed, of the goods at the time of the conversion or seizure, and over and above the money recoverable in any action on policies of insurance. 233. Whenever it shall appear that the plaintiff had an When prior op- opportunit}' in a prior suit of setting off his claim, and seTo™ no *° shall not give a satisfactory reason for not having done so ; ™'''- he shall not be entitled to recover any costs, and it shall be in the discretion of the Court to grant the defendant his costs against the plaintiff. 234. Judgment may be ordered, as in case of a non-suit, Jndgmentas for not duly proceeding to trial, and notice therefor may suit*** °'"°'' be given, notwithstanding a previous trial, or trials of the cause niay have taken place. 235. Final judgment may be signed by any judge, and Knai judgment, the judge shall set down the date upon the docket ; and ''°'"''^°'''**- the Prothonotary shall mark on the record the day it was filed, but no marginal note shall be required thereon. 236. No judgment shall have relation to any other day Dateofjudg- than the day on which it is signed. "™*- MISCELLANEOUS. 237. Appeals from the Court of Probate shall be made Appeals from directly to the Supreme Court. probate court. 238. In all actions and suits in the Supreme Court for Finding of jury. breach of contract to deliver specific goods for a price in ^r^ol™? »n- raoney, or in actions of replevin, on the application of the *''»''">"ie>'™'- plaintiff, and by leave of the judge before whom the cause pievin.*" is tried, the jury shall, if they find the plaintiff entitled to 30 482 PLEADINGS AND PBACTICE. [PART IIL Chap. 94. recover, find by their verdict what are the goods, in respect of the non-delivery of which the yaintiflf is entitled to recover, and which remain undeliv*ed ; what (if any) is the sum the plaintiff would have been liable to pay for the delivery thereof; what damages (if any) the plaintiff would have sustained if the goods should be delivered under execution as hereinafter mentioned : and what dam- Executionmay agcs if not SO delivered. And, thereupon, if judgment irofgodcll!''"" shall be given for the plaintiff, the Court or any judge thereof, at their or his discretion, on the application of the plaintiff, shall have power to order execution to issue for the delivery, on paj'ment of such sum (if anj') as shalF have been found to be payable by the plaintiff, as afore- said, of the said goods, without giviing the defendant the option of retaining the same upon paying the damages assessed, and such writ of execution may be for the delivery of such goods ; and if such goods so ordered to be delivered, or any part thereof, cannot be found, and i^'T- unless the Court or a judge shall otherwise order, the Sheriff" or Coroner shall distrain the defendant by all his lands and chattels, in the said Sheriff's bailiwick, til! the defendant deliver such goods, or, at the option of the plaintiff, cause to be made of the defendant's goods the assessed value or damages, or a due proportion thereof; providpd that the plaintiff shall, either by the same or a separate writ of execution, be entitled to have made of the defendant's goods the damages, costs, and interest in such action or suit. Computation of 239. In all case in which any particular number of '"^' days not expressed to be clear days, is prescribed by this Chapter or any other enactment regulating the practice, or by the rules or practice of the Court, the same shall be reckoned exclusively of the first day and inclusively of the last day, unless the last happen to fall on a Sunday, Christ- mas Day, Good Friday, or a day appointed a public fast or thanksgiving, in which case the time shall be reckoned exclusively of that day also. Punishment of 240. Where any person is guilty of contempt for dis- "™^''' obedience in vacation of a judge's order or of a rule of Court, it shall be lawful in either case for a judge in vaca- tion t ) enforce obedience to the order or rule by attach- ment or execution, lossofbiuof 241. In cases of any action founded upon a bill of tobeMitup°a« exchange or other negotiable instrument, it shall be lawful for the Court or a judge to order that the loss of such instru- ment shall not be set up ; provided an indemnity is given, to the satisfaction of the Court or judge, against the claims of any other person upon such negotiable instrument. defence. TTTLB SXIII.] PLEADINGS AND PRACTICE. 483 242. In any action against an acceptor of a bill of Chap. 94. exchange, or the maker of a promissory note, the defen- stay of pro- dant shall be at liberty to stay proceediners on payment 6f cee^ings m .iji, J j.",i. ,• 1 ° ^ certain actionB. the debt and costs in that action only. Prothonotary Taxing Coats, etc. 243. The Prothonotary may tax costs, and enter, sign; cases mwhioh and date in the judgment book for the county wherein he may enter "^ resides, in the usual form, judgment in any undefended J'"^ement. cause, brought for the recovery of a debt by confession or on default, where particulars are annexed to the writ, (except in cases of' foreclosure of mortgages), which shall be as valid as if signed by a judge ; but such taxation and judgment, or either of them, may be reviewed and set aside within twelve months by the Court or a judge, if the costs be reduced on the taxation, the Prothonotary shall minute such reduction on the margin of the docket, and the amount sliall be deducted in the order for levy on the execution ; or, if previously paid, may be recovered b}' action, as in the case of debt ; and in case of any deduc- tion being made from the amount of any attorney's bill, the costs of the review and re-taxation shall be borne by the attorney whose bill has been so reduced. 244. The Prothonotary shall examine and compare all juis of costs to bills of costs, and ascertain that they contain no other or Prothonotary. greater fees than are allowed by law ; and, except as herein otherwise provided, before any such bill shall be charged against the plaintiff or defendant, if shall be allowed and signed by a judge. COSTS AND FEES. 245. All costs and fees for services performed shall be °°'**'(*'';| ^ as prescribed in the Chapter " Of Costs and Pees.'' chapter!' 246. Any, person taking other or greater fees shall, for Penalty fo"- . such offence, forfeit to the party aggrieved forty dollars, fees.°^ excessive and also the amount of such excessive fees. 247. Actions for such forfeitures shall be brought in the How recovered. county where the offence was committed, and within six months next after the date of such offence. 248. On all rules made absolute, or dischargedj and on 5?^'?*'°™/^' all rules opposed in the first instance, the costs shall be ea'to siiooeasfui allowed to the successful party, unless the Court shall ^"'^' otherwise direct, 249. The costs attending the issue of any commission SSaSon^to'S" and of taking depositions thereunder, when used on trial, costs in cause. shall be costs in the cause. 250. The costs of every rule or order for the examina- natioa&^S"' 484 PLEADINGS AND PRACTICE. [part hi. Chap. 94. Costs on new trial. No oosts on excess of length in pleadings. Taxed oosts must be filed. Notice of taxa- tion in Halifax. Execution for interlocutory costs. Costs, how re- coverable. Costs, how charged and paid. Costa in sum- mary aod ap- peal causes. Costs below to be added in ap- pea causes. tion of witnesses de bene esse shall be costs in the cause, " unless otherwise directed. 251. 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, unless the Court shall otherwise order. When a new trial is granted on the ground ot n>isdirectiou, or that the verdict was against evidence, the cost of the first trial shall abide the event, unless the Court shall otherwise order. 252. On the taxation of costs, as between attorney and client, no costs shall be allowed to the attorney in respect of any excess of length in any pleading ; and in case any such costs shall be payable by the plaintifi" to the defen- dant on account of such excess, the amount thereof shall be deducted from the attorney's bill. 253. All bills of costs when taxed shall be filed with the Prothonotary ; and every bill of costs taxed on any rule or proceeding in a country case argued at Halifax shall be filed immediately after taxation at Halifax, other- wise no execution shall issue for enforcing payment of such costs. 254. Before taxation of costs accruing in Halifax, one day's notice shall be given to the opposite party, his coun- sel or attorney in Halifax ; and the bill, with all 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 neces- sary in any case where the defendant has not appeared in person, or by his attorney or guardian. 255. When interlocutory costs shall be taxed against any party, execution may be issued for the recovery thereof. 256. Attorneys' and Proctors' bills of costs may be sued for and recovered as any other debts ; and either party may have any such bill taxed at any time before or at the trial. Any bill duly taxed before trial shall be prima facie evi- dence that the amount allowed is payable ; but in cases where the taxation is contested the same shall be final. 257. All costs and fees shall be taxed, charged, and paid in such currency as shall at the time of their being so tax- ed and ^charged be the legal and established currency of this Province. 258. The judges of the Supreme Court shall in sum- mary, sub-summary, and appeal causes tax all costs for necessary work done in such causes as allowed in declara- tion causes. 259. In appeal causes the party succeeding in the Court above shall be entitled to have his costs from the TITLE XXm.] PLEADINGS AND PSACTICB. 485 Court below added to his bill when taxed ; and the judge Chap. 94. or court below shall tax and send up with the appeal papers the costs on both sides. 260. The party in whose favor a judgment shall be given, ""^^^s'^oste*" shall be entitled to recover from the opposite party his taxable costs. 261. Any one of several defendants shall be entitled to costsofone of his taxable costs when the plaintiff shall not prosecute his S. suit lo final 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 that there was reasonable cause for making him a party to the action. 262. If the plaintiff in any action, not brought upon where less than contract, express or implied, and heretofore deemed an oertamacSons, action of trespass or trespass on the case, or in any action °° ''°^^' for breach of promise of marriage, shall recover less damages than the sum of eight dollars on the trial of any issue, or on inquiry on default, he shall not recover any costs, unless the judge before whom the issue is tried or the assessment of damages made, shall certify that the action was brought to try a right besides the mere right to recover damages for the trespass or grievance for which the action was brought, or that the trespass or grievance was wilful and malicious, or that the action was not frivolous and vexatious, and that the plaintiff had actually sustained damage to the amount recovered, and had by notice in writing demanded compensation therefor eight days before action brought : but nothing in this section sliall be con- ProviM. slrued to deprive any plaintiff of his costs in any action for trespass on any lands, or for entering into any tenement in respect of which any notice not to trespass thereon shall have been previously served on or left at the last place of abode of the defendant, by or behalf of the owner or occu- pier. 263. When a iudge's order is made a rule of Court, it Costs on judge's T II 1 fill r 1 ■ 1 1 order made rule shall be a part of the rule that the costs of makmg the order of court. a rule of Court shall be paid by the party against whom the order is made ; provided an affidavit be made and filed that the order has been served on the party or his attorney, and disobeyed. EXECUTION. 264. Writs of execution shall be, as nearly as may be, Formandretnm in the form heretofore used, and shall be made returnable, ootiMi'. "* either in sixty days, or to the first day of the next succeed- ing Term, and may be directed as writs of summons, or to the Sheriff of any particular county ; but in no case shall an execution be returnable within less than sixty days. 48G PLEADINGS AND PRACTICE. [fart rir. Chap. 94. Endorsement on writ may be made. Wtien issuable. FriA-ilege of Pro- vincial Parlia- ment. Mortgagor's in- terest may be .■•old. U-(TOds. &c., when bound by writ, &c. Coin, Sic, may be taken. Bank notes, &c. may be taken under writ. 265. 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 ofiScer shall obey, and the party shall in all cases specify upon the face of the writ, or by endorsement, for what amount it is to be levied. 266. No execution shall issue on a judgment until the bill of costs and record, or, in a summary cause, the bill of costs shall be filed. 267. When any member of the Provincial Legislature, being taken under execution, shall be released by reason of his privilege, he may be taken under a new writ after the expiration of such privilege. 268. On any writ of execution endorsed to levy on the goods and chattels of the defendant, the Sheriff may seize and sell the interest or equity of redemption in any gOods and chattels of the party against whom the writ has issued, and such sale shall convey whatever interest the mortga- gor had in such goods and chattels at tiie time of the de- livery of the writ to the t^heriff. v 269. No writ of execution shall bind the goods of the defendant, and no writ of execution or writ of attachment against the goods of an absent or absconding debtor shall prejudice the title to such goods acquired by any person bona fide and for a valuable consideration before the actual seizure or attachment thereof by virtue of such writ ; provided such person had not at the time when he acquired such title notice that such writ, or any other writ, by virtue of which the goods ot such owner might be seized or attached, had been delivered to and remained unexecuted in the hands of the Sheriff or Coroner; and the Sheriff or Coroner shall, upon the receipt of the writ, endorse thereon the time at which the same was received by him. 270. Current gold and silver coin may be taken in exe- cution, and may be paid to the creditor as money collected. Provincial debentures and notes, and bank notes, and all bills or evidences of debt issued by any corporation, and circulated as money, may be taken in execution, and paid to the creditor at their par value as moiey collected, if' be will accept them ; otherwise tbey shall be so'ld as other chattels. 271. The Sherifi' shall seize, and take in execution, any money or bank notes, (including any surplus of a former execution against the defendant), cheques, bills of ex- change, promissory notes, bonds, mortgages, specialties, or other securities for money belonging to the person against whose effects the writ of execution has issued ; and the Sheriff shall hold any such cheques, bills of exchange, promissory notes, bonds, mortgages, specialties,, or other TITLE XXIII.] PLEADINGS AND PRACTICE. 487 securities for money as a security or securities for the Chap. 94. amount by the endorsement on the writ directed to be levied, or so much thereof as has not been otherwise levied or raised ; and the Sheriff shall pay and assign them to the plaintiff at the sum actually due on and secured by them respectively if he will accept of them ; otherwise he may sue in his own name for the sums due thereon and secured thereby, when the time of payment thereon has arrived. _ 272. The transference to the plaintiff of such cheques, f^ft^^^^""' bills of exchange, promissory notes, bonds, mortgages, ties, &c. specialties or other securities for money, or the payment of the same to the Sheriff with or without suit, or the recovery and levying execution against the party so liable on the securities above mentioned, shall discharge him, to the extent of such payment, or of such recoveryj and levy in execution (as the case may be), from his liability on any such cheque, bill of exchange, promissory note, bond, mortgage, specialty, or other security. 273. The Sheriff shall pav over to the plaintiff or his *'•«"•'« *op*y ,. ■ r. ri... , o™!' money re- attorne}' the money so recovered, or a suincient sum to covered. discharge the amount by the writ directed to be levied, less his poundage and expenses. 274. If, after satisfaction of the amount, together with S"fi'l."^'°,'* sneriQ s poundage and expenses, any surplus remains in dant. the hands of the Sheriff, the same shall be paid to the party against whom the execution issued. 275. No Sheriff shall be bound to sue any party liable n^ty toslTeriff^' upon any such cheque, bill of exchange, promissory note, bond, mortgage, specialty, or other security, unless the party who sued out the execution enters into a bond with two sureties to indemnify such Sheriff from all costs and ex- penses to be incurred in the prosecution of the action, or to which he may become liable in consequence thereof ; and the expense of such bond may be deducted out of any money recovered in such action. 276. The Sheriff shall, in returning every execution, re'ta^^th''''* state specially his doings thereunder, and where property -wi-it. has been taken, give a specific account thereof, and of the sales of the same, with an account of hia fees and charges against the same. 277. The necessary wearing apparel and bedding of Articles exempt- the debtor and his family, and the tools or instruments of ®'"™'"'®^' his trade or calling, one stove, and his last cow, shall be exempted from execution. 2/8, No writ of execution shall bind the goods of the w^t^fiiente defendant but from the time the writ shall be delivered to " ^'"' the Sheriff to be executed ; and the Sheriff shall, upon the receipt of the writ, endorse thereon the time at which the same was received by him. 488 PLEADINGS AND PBACTICE, [PABf III, Chap. 94. 279. Jodgraents shall, in all cases, bear interest, and Interest may ^he Same may be levied for under execution. be levied for. Discharge, S^c. detendlltfrom 280. A Written Order, under the hand of the attorney custody. jfj j;jjQ cause by whom any writ of execution shall have been issued, shall justify the Sheriff, jailer, or party in whose custody the party may be under such writ, in dis- charging such party ; unless the party for whom such attorney professes to act shall have given written notice to the contrary, to such Sheriff, jailer, or person in whose custody'the opposite party may be : but such dis- charge shall not be a satisfaction of the debt, unless made by the authority of the creditor ; and nothing herein con- tained shall justify any attorney in giving such order for discharge without the consent of his client. Batisfaction 281. All satisfaction pieces shall be signed by the plain- piece, how to be .~, , . r _ o J r signed. tiH or his personal representatives, or by an attorney spe- ciall_y authorized for that purpose, unless a judge upon special circumstances set forth in an afiSdavit, shall dispense with the necessity for such authorization. The satisfaction piece may be in the form following: In the Supreme Court. , 18 . Satisfaction is acknowledged between , plaintiff, and , defendant, for and costs. Judgment entered on the day of , in the year of our Lord one thousand eight hundred and , Form. GABNISSEES. Judgment credi- 282. Anv Creditor who has obtained a judgment in tor to be exam iuedin certain the Supreme Court against any defendant, except under '^^- the Chapter ," Of Suits against Absent or Absconding Debtors,'' may from time to time apply to the Court or a judge for a rule or order that the judgment debtor shall be orally examined before the judge or a commissioner as to any and what debts are owing to him : and the Court or judge may make such rule or order for the examination of the judgment debtor, and for the production of any books or documents; and the examination shall be conducted in the same manner as in case Of an oral examination of an opposite party. Mtf dlbteljue ^^^" Upon the ex parte application of such judgrtient by third parties, creditor, either before or after such oral examination, and upon his affidavit or that of his attorney stating that judgment has been recovered, and that it is still unsatisfied and to what amount, and that some third person is indebted to the judgfnent debtor and is within the juris- diction, a judge may order that all debts owing by or acorn- TITLE XXIII.] PLEADINGS AND PRACTICE. 489 ing from such third person to the judgment debtor shall be Chap. 94. attached to answer the judgment. 284. Such third person is hereinafter called the gar- Debts in hands nishee ; and service upon him of an order that debts due how*toaad^' or accruing to the judgment debtor shall be attached, or notice thereof to the garnishee in such manner as the judge directs, shall bind such debts in his hands ; and by the same or any subsequent order it may be ordered that the garnishee shall appear before the judge to shew cause why he should not pay the judgment creditor the debt due from him to the judgment debtor, or so much thereof as may be sufficient to satisfy the judgment debt. 285. If the garnishee does not forthwith pay into ^f„™o™eSSft Court the amount due from him to the judgment debtor or of payment. an amount equal to the judgment debt, and does not dis- pute the debt due or claimed to be due from him to the judgment debtor, or if he does not appear upon such order, then the judge may order execution to issue, and it may be sued out accordingly without any previous writ or pro- cess to levy the amount due from such garnishee towards satisfaction of the judgment debt. 286. If the garnishee disputes his liability, the judge, i'">'»«dmM instead of making an order that execution shall issue, may disputesUa- order that the judgment creditor may proceed against the*'^'^' garnishee by writ calling upon him to shew cause why there should not be execution against him for the alleged debt, or for the amount due to the judgment debtor if less than f;he judgrrlent debt ; and for costs of suit, and the pro- ceedings upon such suit shall be the same, or as nearly as may be, as upon a writ of revivor. 287. Payment made by or execution levied upon the Garnishee dis- garnishee under any such proceedings shall be a valid dis- ^^ilns^judg^ charge to him as against the judgment debtor to the '"™* debtor, amount paid or levied, although the proceedings should be afterwards set aside or the judgment be reversed. The costs of any application for an attachment under any of the five preceding sections and of any proceedings arising from or incidental to such application shall be in the dis' cretion of the Court or a judge. 288. Nothing in the six preceding sections shall be Proviso as re- construed to contravene the provisions of any law of the iSroivent'uw. Dominion of Canada relating to insolvency. EJECTMENT. 289. Actions of ejectment shall be commenced by writ Action of ejeot- of summons against all persons in possession of the JSm^eMed,4«. property claimed, and shall in all cases be conducted as other actions ; and damages may be given for the plaintiflF 490 PLEADINGS AND PRACTICE. [part III. Chap. 94. Description of property and names of par- ties entitled. Porms in ejeot- raent. Who may ap- pear. Plea when con- sidered defence to whole. Defence may be limited. Substance and form of plea. on trial, provided tliey shall be specifically set forth in the writ; and, on judgment by default, the plaintiff shall be entitled to costs, and the damages may be assessed as in other cases of judgments by default, or they may form the subject of a separate suit, at the plaintiff's option. 290. The writ shall describe the property claimed with reasonable certainty. It shall also state the names of all the persons in whom the title is alleged to be, and there shall be thereon endorsed a notice that if the defendant do not appear and defend the property sued for, or such part thereof as he may think fit, within the time specified in such notice, the plaintiff" will be at liberty to sign judgment at the expiration of such time, and that the defendant may thereupon be turned out of possession. The writ shall be served in the same manner as other writs, or in such man- ner as the Court or a judge shall order, under any peculiar circumstances ; and in case of vacant possession, the fact of such vacant possession shall be determined by the Court or a judge, and the service shall be by posting up a copy thereof upon the door of the dwelling, or other con- spicuous part of the property. 291. The following forms in ejectment shall be used, viz. : the writ. Schedule A, number 16 ; the notice endorsed on writ. Schedule A, number 17 ; judgment for non-appear- ance, Schedule A, number 18 ; judgment for plaintiff after appearance and plea, Schedule A, number 19 ; and where'' other forms are requisite, they shall be assimilated to the above. 292. Any person shall be permitted to appear, on filing an aflSdavit that he is in possession of the land, either by himself or bis tenant ; and also any person who would here- tofore be entitled to appear ; but the Court or a judge shall have power to strike out or confine defences set up by persons not so entitled. 293. A plea not confining the defence to a part of the premises, shall be considered a defence to the whole. 294. Any person appearing shall be at liberty to limit hia defence by plea to a part only of the property men- tioned in the writ, describing that part with reasonable certainty. 295. The plea shall be confined to a denial in whole or in partiof the plaintiff's right to the possession claimed, or to a right of possession in himself with the plaintiff as tenant in common with the plaintiff, or to a denial that he was in possession of the whole or any part of the prem- ises at the time of action brought, and is not withhold- ing the same. The forms shall be those in Schedule A, numbers 20, 21 and 22. TITLE XXm.] PLEADINGS AND PBACTJCE. 491 296. On the trial of any action of ejectment the defen- Chap. 94. dant may set up any equitable defence which would be Equitawe de available in the Court of Equity in case the subject matter ^1°^""'"''' were there under adjudication ; and such defence shall be by plea, beginning with the words, " For defence on equit- able grounds," or words to the like effect. The plaintiff may reply, by leave of the Court or a judge, in answer to any equitable plea of the defendant, facts which avoid such plea on equitable grounds ; provided that such replication shall begin with the words, '' For replication on equitable grounds " or words to the like effect. If the plaintiff shall claim title under a mortgage or other contract, or the defence be founded on any defeasance, bond for a deed, contract, or other agreement, whether the action be brought for the foreclosure of a mortgage, or otherwise, the defendant may give in evidence, tender, payment, set- off or other equitable defence, if he shall, at the time of filing his plea, or subsequently by leave of the Court or a judge, who are hereby empowered to grant such leave in . any stage of the cause, have given notice in writing of the nature of the defence on which he intends to rely ; and particulars of demand and set-off may be obtained as in other actions ; and in all such cases the defendant having the right of redemption or equitable estate in the lands, may pay to the plaintiff or bring into Court the amount due with costs; and thereupon the Court, by rule, may compel the plaintiff to make such conveyance or release as may be agreeable to Equity. 297. It the justice of the case require it, the Court or oiier for sale a judge may make an order for the sale of tlie premises may^bTnmde. sought to be recovered, or any part thereof, and for the application of the proceeds, and for the release or other reconveyance of the same, or any part thereof, at any time before the sale ; provided always that before the Court or a judge shall order such distribution of the proceeds, it shall be made to appear that all persons interested have had reasonable notice, by advertisement or otherwise, of such application. 298. In case the plaintiff or any defendant shall refuse conreyinoe, 1 1 i 1 /• i 1 ii. how to b« made. or neglect to make or perfect any such conveyance the Court may order such conveyance to be made by the Sheriff, which, when confirmed by the Court or a judge, shall have the same operation and effect as if made by a Master of the Court of Chancery, under a decree or order of that Court, when it existed in this Province. 299. Where the proceedings are had under the three Writ of posses- last preceding sections, no writ of possession shall issue i^Se™ without the leave of the Court. 492 PLEADINGS AND PRACTICE. [PART III. Chap. 94. Defendant neglecting to avail himselE of equitable de- fence. Want of cer- tainty in plead- ings. ■Judgment for want of ap- pearance and plea. Issue and trial. Action by joint tenants, Ac. Wliereplaintiff' title expires before triSL Non-appear- aince of parties .at trill. 300. Any defendant having an equitable defence of which he might avail himself, under section 296, and ne- glecting or refusing so to do, .shall not be at liberty, with- out leave of the Court or a judge to apply for relief in Equity. 301. Want of i-easouable certainty in the writ or plea shall not nullify it, but shall only be ground for applica- tion to the Court or a judge, for an order for better par- ticulars as to the land claimed or defended, which the Court or a judge shall have power to give in all cases. 302. In case there be no appearance and plea within the time appointed, or if an appearance be entered but the defence limited to part only, the plaintiff shall be at liberty to sign judgment that the person whose title is asserted in the writ shall recover possession of the land, or of the part thereof to which the defence does not apply. 303. In case an appearance and plea shall be entered either for the whole or part of the premises claimed, the cause shall be considered at issue ; and the parties may proceed thereupon to trial as in other actions, and the question at the trial shall, except in the case hereinafter mentioned, be whether the statement in the writ of the title of the claimant be true or false, in whole or in part, and, if true, then which of the claimants, if more than one, is entitled ; and also, whether he is entitled to any, and what damages for the wrongful withholding of such premises. 304. In case of such an action being brought by some or one of the several persons entitled as joint tenants, tenants in common, or co-parceners, any joint tenant, tenant in common, or co-parcener in possession, may plead that he defends as such, and admits the right of the claim- ant to an individual share of the property, but denies any actual ouster of him from the property ; and upon the trial of such issue, the additional question of whether an actual ouster has taken place, shall be tried as at present, in an action of ejectment. s 305. In case the title of the claimant shall appear to have existed as alleged in the writ, and at the time of ser- vice thereof, but it shall also appear to have expired before the time of trial, the claimant shall, notwithstanding, be entitled to a verdict according to the fact that he was so entitled at the time of bringing the action and serving the writ, to a judgment for his costs of suit. 306. If the defendant appears, and the claimant does not appear at the trial, the claimant shall be non-suited ; and if the claimant appears and the defendant does not appear, the claimant shall be entitled to recover as here- tofore without any proof of his title. TITLE XXIII.] PLEADINGS AND PRACTICE. 493 307. Upon any judgment in ejectment for the recovery Chap. 94. of possession and costs, there may be either one writ, or writs of pos- separate writs of execution four the recovery of possession session. and for costs, at the election of the claimants. 808. The death of a claimant or defendant shall not Death of par- cause the action to abate, but it may be continued as here- inafter mentioned. 309. In case the right of a deceased claimant shall sur- Death of one of vive to another claimant a suggestion may be made of the Into!*'"'"'™ death, which suggestion shall not be traversable, but shall only be subject to be set aside if untrue, and the action may proceed at the suit of the surviving claimant, and, if such suggestion shall be made before the trial, then the claimant shall have a verdict, and recover suchjudgment as aforesaid, upon its appearing that he was entitled to bring the action either separately or jointly with the deceased claimant. 310. In case of the death before trial, of one of several ?'|'™'"'fl;' , 1 . 1 -1 . I 1 ^oea not sur- claimants whose right does not survive to another or other vive to other of the claimants, where the legal representative of the"*™"' deceased claimant shall not become a party to the suit in manner hereinafter mentioned, a suggestion may be made of the death, which suggestion shall not be traversable, but shall only be subject to be set aside if untrue ; and the action may proceed at the suit of the surviving claimant . for such share of the property as he is entitled to, and costs. 311. In case of a verdict for two or more claimants, if After verdict one of such claimants die before execution executed; the execution! other claimant may, whether the legal right to the pro- perty shall survive or not, sugaiest the death in manner aforesaid, and proceed to judgment and execution for the recovery of possession of the entirety of the property and costs: but nothing herein contained shall affect the right of the legal representative of the deceased claimant, or the liability of the surviving claimant to such legal repre- sentative ; and the entry and possession of such surviving claimant, under such execution, shall be considered as an entry and possession on behalf of such legal representa; tive, in respect of the share of the property to which he shall be entitled as such representative, and the Court may direct possession to be delivered accordingly. 312. In case of the death of a sole claimant, or before of sole claim- trial of one of several claimants, whose right does not sev-e?iroilim- survive to anotlier or others of the claimants, the legal tJlal''^'™'' repi'esentative of such claimant may, by leave of the Court or a judge, enter a suggestion of the death, and that he is such legal representative, and the action shall thereupon proceed; and if such suggestion be made before 494 PLEADINGS AND PRACTICE. [PART III. Chap. 91. the trial, the truth of the suggestion shall be tried thereat, ~ together with the title of the deceased claimant ; and such judgment shall follow upon the verdict in favour of, or against the person making such suggestion as hereinbefore provided, with reference to a judgment for or against sucli claimant; and in case such suggestion in the case of a sole claimant be made after trial, and before execution executed by delivery of possession thereupon, and such suggestion be denied by the defendant within twelve days after notice thereof, or such further time as the Court or a judge may allow, then such suggestion shall be tried; and it, upon a trial therefor, a verdict shall pass for the person making such suggestion, he shall be entitled to such judgment as aforesaid for the recovery of possession and tor the Costs of and occasioned by such suggestion; and in case of a verdict for the defendant, such defendant shall be entitled to such judgment as aforesaid for costs. 313. In case of the death before or after judgment of one of several defendants in ejectment, who defend jointly, a suggestion may be made of the death, which suggestion shall not be traversable, but only be subject to be set aside if untrue, and the action may proceed against the surviving defendant to judgment and execution. 314. In case of the death of a sole defendant, or of all the defendants in ejectment, before trial, a suggestion may be made of the death, which suggestion shall not be tra- versable, but only be subject to be set aside if untrue ; and the claimants shall be entitled to judgment for recov- ery of possession of the property, unless some other person shall appear and defend, within the time to be appointed for that purpose by the order of the Court or a judge, to be made upon the application of the claimants ; and it shall be lawful for the Court or a judge, upon such suggestion being made, and upon such application as aforesaid, to order that the claimants shall be at liberty to sign judg- ment within such time as the Court or judge may think fit, unless the person then in possession, by himself or his tenants, or by the legal representative of the deceased defendant, shall, within such time, appear and defend the action, and such order may be served in the same manner as the writ ; and in case such person shall appear and defend the same, proceedings may be taken against such new defendant, as if he had originally appeared and de- fended the action ; and if no appearance be entered, and no defence made, then the claimant shall be at liberty to 'sign judgment pursuant to the order. 315. In case of the death of a sole defendant, or of all the defendants in ejectment, after verdict, the claim- ants shall, nevertheless, be entitled to judgment, as if no of ODe «f several joiDt defendants. Of sole or all d^cndants before trial. Of sole or all defendants after verdict. TITLE XXm.] PI^EADINGS AND PEACTICE. 495 such death had taken place, and ' to proceed by execution Chap. 94. lor recovery ot possession, without suggestion or revivor, and to proceed for the recovery of the costs in like man- ner as upon any other judgment for money against the legal representative of the deceased defendant or defen- dants. 316. In case of the deatli, before trial, of one oiosoneoi^- several defendants in ejectment, who defends separately before txiai.de- for a portion of the property for which the other defendant port/on.'°' or defendants do not defend, the same proceedings may be taken as to such portion as in the case of the death of a sole defendant ; or the claimants may proceed against the surviving defendants in respect of the portion of the pro- perty for which they defend. 317. In case of the death, before trial, of one of several ^"^;.7''^^ defendants in ejectment, who defends, separatel}', in res- detesce. pect of property for which surviving defendants also de- fend ; it shall be lawful for the Court or a judge, at any time before the trial, to allow the person at the time of the death in possession of the property, or the legal representa- tive of the deceased defendant, to appear and defend on such terms as may appear reasonable and just, upon the application of such person or representative ; and if no such application be made, or leave granted, the claimant suggesting the death in manner aforesaid, may proceed against the surviving defendant or defendants to judgment and execution. 318. The claimant in eiectment shall be at liberty at i>'soontinuance ,..,•'. •' ™astooneor any time to discontinue the action, as to one or more otmoredefen- the defen'dants, by filing a discontinuance or rule therefor, ^^*"' as against such defendant or defendants, and giving notice thereof in writing to the defendant or defendants against whom the action is discontinued ; and thereupon the de- fendant to whom such notice is given, shall be entitled to tax his costs of defence, and have execution therefor. 319. In case one of several claimants shall be desirous Discontinuance to discontinue, he may apply to the Court or a judge to erai claimants. have his name struck out of the proceedings ; and an order may be made thereupon, on such terms as to the Court ora judge may seem fit, and the action shall thereupon proceed at the suit of the other claimants. 3i20. A sole defendant, or all the defendants in eject- Defendantmay meut, shall be at liberty to confess the action, as to the or in part, whole or part ot the property, by giving to the claimant a notice headed in the court and cause, and signed by the defendant or defendants : such signatures to be attested bv his or their attorney, and thereupon the claimant shall be entitled to, and may forthwith sign judgment and issue execution for the recovery of possession and costs. 496 PLEADINGS AND PRACTICE. [PART III. Chap. 94. One of several defendants may confess as to part of property. Defendant de- fending sepa- rately may confees as to part. Effect of judg- ment. Special verdict. Judgment for claimants and execution. Security for costs in second action. Judgment for defendant. Power of court over proceed- ings. 321. In case one of several defendants in ejectment who defends separately for a portion of the property for which other defendants do not defend, shall be desirous of confessing the claimant's title to such portion, he may give a like notice to the claimant ; aad thereupon the claimant shall be entitled to, and may forthwith sign judgment and issue execution for, the recovery of such portion of the property, and for the costs occasioned by the defence rela- ting to the same ; and the action may proceed as to the residue. 322. In case one of several defendants in ejectment, who defends separately in respect of property for which other defendants also defend, shall be desirous of con- fessing the claimant's title, he may give alike notice there- of: and thereupon the claimant shall be entitled to, and may sign judgroent against such defendant for, the costs occasioned by his defence ; and may proceed in the action against the other defendants to judgment and execution. 323. The effect of a judgment in such an action shall be the same as that of a judgment in the present action of ejectment. 324. The jury may find a special verdict. 325. Upon finding for the claimants, judgment may be signed and execution issue, for the recovery of the pos- session, and for the damages awarded, and for the costs, as at present in the action of ejectment. 326. If any person shall bring an action of ejectment, after a prior action of ejectment for the same premises has been, or shall have been, unsuccessfully brought by such person, or by any person through or under whom he claims, the Court or a judge may, if they or he think fit, on the application of the defendant, at any time after such defendant has appeared to the writ, order that the plaintiff shall give to the defendant security for the payment of the defendant's costs, and that all further proceedings in the cause shall be stayed until such security be given, whether the prior action has been or shall have been disposed of by discontinuance, by non-suit, or by judgment for the defendant. 327. Upon finding for the defendants, or any of them, judgment may be signed and execution issue, for costs against the claimants named in the writ. 328. The Court and the judges thereof may exercise over the proceedings in the action, the same jurisdiction which is at present exercised in the action of ejectment, so as to ensure a trial of the title, and of actual ouster when necessary. title xxiii.] pleadings and practice. 497 Chap. 94. BBPLBVIN. 329. Replevin may be brought for an unlawful taking, may betrought. or for an unlawful detention, whether the original taking may have been lawful or not. Whenever any goods, chat- tels, deeds, bonds, debentures, promissory notes, bills of exchange, books of accounts, papers, writings, valuable securities, or other personal property or effects, have been wrongfully distrained under circumstances in which by the law of England replevin might be made, the person com- plaining ot such distress as unlawful, may obtain a writ of replevin in the manner hereinafter prescribed ; or in case any such goods, chattels, property and effects have been otherwise wrongfully taken or detained, the owner, or other person, or corporation, capable of maintaining an action of trespass or trover for personal property, may bring an action of replevin for the recovery thereof, and for the recovery of the damages sustained by reason of such un- lawful caption and detention, or of such unlawful detention, in like manner as actions are brought and maintained by persons complaining of unlawful distresses. 330. The provisions herein contained shall not author- Goods in ous- ize the replevying of or taking out of the custody of any ^ot'^repieviabS. Sheriff or other officer, any personal property seized by him under any process issued out of the Supreme Court, or any district or county court of the Province. 331. No writ of replevin, except when the property Affidavitto be sought to be replevied has been distrained for rent or issue o^f writ. damage feasant, shall issue, unless the party applying therefor or his agent shall make and file an affidavit, therein stating ; — 1st. That the person or corporation claiming the pro- perty is the owner thereof, or that he is lawfully entitled to the possession thereof, and that it is unjustly detained from him, describing the property in the affidavit. 2nd. The value thereof to the best of his belief. Such description of the property, and the value thereof shall be stated in the writ. The affidavit may be in the form in Schedule A, number 23, or to the like effect. 332. A copy of such writ shall be served on the defen-Bemoeof writ, dant, personally, or, if he cannot be found, left at his usual or last place of abode, with his wife or some other grown person, being a member of his family or household, or an inmate of the house where he resided as aforesaid. 333. The Sheriff shall not serve a copy of the writ when to be until he has replevied the property, or some part of the "^*° property therein mentioned, it he cannot replevy the whole, in consequence of the defendant having removed the same 31 498 PLEADINGS AND PRACTICE. [PART III. Chap. 94. Bond to slieriff. Where property is concealed^ building may be broken open by sheriff after demand. Sheriff may search defen- dant's person, and premises where property donoealed« Betnrn of writ \ftiat to con- tain. Default for want of appear- ance after ser- vice. out of the county, or because the same is not in the pos- session of the defendant, or of any person for him. Before the Sheriff replevies, he shall take a bond in double the value of the property to be replevied, as stated in the writ, which bond shall be assignable to the defendant : and the bond and assignment thereof may be in the form in Sche- dule A, number 24, the condition being varied to corres- pond with the writ. 334. In case the property to be replevied or any part thereof, be secured or concealed in any dwelling-house or other building or enclosure of the defendant, or of any other person holding the same for him, and in case the Sheriff publicly demands from the owner and occupant of the premises deliverance of the property to be replevied, and in case the same be not delivered to him within twenty- four hours after such demand, he may, and, if necessary, shall break open such house, holding or enclosure, for the purpose of replevying such property, or any part thereof, and shall replevy according to the writ. 335. If the property to be replevied, or any part there- of, be concealed either about the person or on the premises of the defendant, or of any other person holding the same for him, and in case the Sheriff demands from the defen- dant or such other person aforesaid delivery thereof, and delivery be neglected or refused, he may, and, if necessary, shall search and examine the person and pre- mises of the defendant, or of such other person for the pur- pose of replevying such property, or any part thereof, and shall make replevin according to the writ. 336. The Sheriff shall transmit, annexed to the return of the writ. 1st. The names of the sureties in, and the date of the bond taken from the plaintiff, and the names of the wit- nesses thereto. 2ud. The names of the sureties in, and the date of the bond taken from the defendant on his retention of the property, and the names of the witnesses thereto. 3rd. The places of residence and additions of the sure- ties. 4th. The number, qua;ntity and quality of the articles of property replevied : and, in case he has replevied only a portion of the property mentioned in the writ, and cannot replevy the residue by reason of the same having been carried out of his county by the defendant, or not beingin the possession of the defendant or of any other person for him, he shall state in his return the articles which he can- not replevy, and the reason why not. 337. In case the defendant has been duly served with a copy of the writ, and does not enter his appearance in the Title xxm.] pleabings and peactice. 499 suit within the time specified in such writ; the plaintiff Chap. '94. may marii a detault and proceed as in other personal actions, and according to the practice of the Supreme Court. 338. The defendant shall be entitled to plead in abate- ^i<=a8 *<> a^'io"- ment or bar, and may plead as many p'eas in defence as he thinks necessary, each of which, if the action was trespass and the taking complained of, or detinue and the detention only complained of, would constitute a legal defence. 339. Any plaintiff or defendant in replevin, who, if pieaonequit- judgraent were obtained would be entitled to relief against '''''*^"""'^' such judgment on equitable grounds, may plead the facts which entitle him to such relief by way of defence, and the Court shall receive such defence hf way of plea ; but such plea must begin with the words, " For defence ou, equitable grounds," or words to the like effect. 340. When the action is founded on a wrongful deten- writ in case of tion, and not on the original taking of the property theSonT" writ may be the same as in an action of detinue. 341. If the defendant justifies or avows the right to take Justmcation or or distrain the property, in or upon any place in respect of statllonw.""* which the same might be liable to forfeiture, or to distress for rent, or for damage feasant, or for any custom, rate or duty, by reason of any law, usage, or custom at the time when, existing and in force ; he shall state in his plea of justification or avowry a place certain within the city, town, township, or village within the county, as the place at which such property was so distrained or taken. 342. When the replevin is brought for goods, chattels, Venne where to or other personal property distrained for any cause, the'"''*"*' venue shall be laid in the county in which the distress has been made. 343. Notwithstanding the issue of a writ of replevin. Defendant may the defendant, or his agent, except in cases of distress for gfon'on'gi^^g rent or damage feasant, shall have the right to retain pos- security, session of the property contained therein, if he shall give security to the Sheriff in the form in Schedule A, nuniber 25. Such security, given either by the plaintiff or defen- dant, shall be assigned, on request, to the party entitled to the benefit thereof, by the Sheriff endorsing his name « thereon, which endorsement shall be sufficient to enable such party to bring action thereon in his own name, against the several parties who have executed such security. 344. In actions of replevin, the jury shall be at liberty Jurymay to award damages to either party in the suit, provided the"^" images. writ shall claim damages. 345. The Supreme Court may, from time to time, make comtmay such rules for advancing and rendering easy and effectual "alattag'prlc- the remedy by replevin, as well by regulating the practice *'™- to be observed in such actions as by prescribing and 500 PLEADINGS AND PRACTICE. [part III Chap. 94. changing the forms of writs and proceedings to be used therein, as the Court may deem conducive to the ends of justice, and all such rules, when published in the Royal Oazetie newspaper, shall have the force of law. OF SUITS AGAINST JOINT DEBTORS. One of several 346. Where there are several defendants, and it is not may be arrested, intended that all of them shall be arrested, the plaintiff or his attorney may direct the Sheriff to arrest one or mox'e only of the defendants. Action may 347. Where any action founded on contract is brought defendanS'who against Several defendants, and the writ has been duly have been ser- gewed ou ouo or moro of them, but no legal service can be made on the others by reason of their absence from the Province, the action may nevertheless be prosecuted against those who have been served. 348. If such joint debtor shall make application to the Court on affidavit, stating that it is necessary for him to receive instruction respecting such suit from his absent partner or joint debtor ; that he cannot safely proceed to trial of the cause without communication with him, and that he is not seeking for delay only ; the Court may, if it shall think fit, grant a reasonable imparlance. 349. If any such joint debtor, not having been served with process, shall come into the Province previously to the final determination of the suit, and shall apply to the Court to be admitted to defend, the Cou rt shall admit him accordingly, and shall cause such amendment to be made in the proceedings as may be required to make the same consistent and regular. 350. When some only of the defendants have been served with process, the plaintiff may file and serve a sug- gestion on such as have been so served, suggesting therein the names of those defendants who were absent out of the Province when the writ was issued, and who, -on that account could not be served with process ; and the truth of such suggestion shall be inquired into on the trial, and if found against the plaintiff he shall become non-suit. 351. No plea in abatement for the non-joinder of a per- son as a co-defendant shall bo allowed, unless it shall be stated in the plea that he was at the commencement of the suit resident within the jurisdiction of the Court, and unless his place of residence shall be stated with conve- nient certainty in an affidavit verifying the plea. 352. To any plea in abatement of the non-joinder of another person, the plaintiff may reply that such person has been discharged by bankruptcy and certificate, or as an insolvent debtor.* Continuance may be grant- ed upon cause shewn on affi- davit. Defendant not served may be admitted to defend before judgment. Suggestion may be made as to absent defen- dants. Plea in abate- ment for non- joinder when allowed. EepUcation to sucli plea. TITLE XXIII.] PLEADINGS AND PRACTICE. 501 353. If a joint debtor, absent at the commencement of Chap. 94. the suit, shall come into the Province after final judgment sdre fadas and before the plaintiff shall have received full satisfaction ^g'^M^^fj^J thereof, the plaintiff may sue out a writ o{ scire facias smteommen- against him, requiring him to show 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 scire facias, 354. The plaintiff after judgment recovered may take Execution, how out execution thereon, and cause the same to be extended on the joint or separate property or on the persons of all the joint debtors ; but such execution shall not be extend- ed on the separate property or on the person of any joint debtor, not brought into Court as a party to the suit. ASSIGNMENT OF CHOSBS IN ACTION. 355. Any assignee, by writine; signed by the assignor Assignee of r.i i--ii!' 1 °.*'i. / jj chose in aeUon CI tbe entire interest in any chose in action lounded on any may sue. contract for payment of money only, or in any judgment, decree or order tor payment of money only, and who would have been entitled to maintain a suit in Equity, as such assignee, to enforce such contract or the payment of such money, and the executor or administrator of such assignee, shall be entitled, in his own name, to maintain such perso- nal action in the Supreme Court, and have such final judg- ment and execution in -as full a manner as the person originally entitled to such chose in action, judgment, de- cree or order, and whose interest has been assigned, might have had or done ; and such assignee shall be so entitled, whether he shall derive immediately or remotely from the person so originally possessed of such right to sue thereon, and shall be considered to all intents and purposes, and whether for the purpose of releasing such right or dis- charging or satisfying such judgment, decree, or order, or otherwise, as the person originally entitled to the same had theretofore been ; and it shall be lawful for any defendant in any action brought by the person so originally entitled, or by any such assignee as aforesaid, to plead by way of defence that the interest of the plaintiff in such action had been theretofore assigned in the manner prescribed by this Chapter: provided that nothing herein contained shall operate at law to transfer the right to the benefit of any bond, covenant, or agreement, collateral in its nature, unless the assignment thereof shall be made to the person entitled to the subject matter to which such bond, covenant, or agreement is so collateral, or to some person as trustee for him, and that nothing in the foregoing provisions contained shall apply to any covenant running with the land. 502 PLEADINGS AND PRACTICE. [PART III. Chap. 94. 356. Upon the execution of any such assignment, the Assignor not — Tight of the asslgnoF to release or sue upon such chose in toretoseorsue action, judgment, decree or order, shall wholly cease and a^erassign- determine ; and in case it shall happen that there shall have been more than one assignment made by the same person, the assignment thereof first made bona fide shall operate to transfer the right to release or sue upon the same ; unless the second assignment thereof shall have been accepted 6orea _/?c?e accompanied by the possession of the instrument assigned, tvnd without knowledge of the first assignment, Notice of assign- 357. No action shall be brought upon any such assign- ment to be given , , , . , 1- • -i- -J before action by meut by sucii assignee, unless a notice in writing signed assignee. ]^^ j^jj^^ j^jg a,gent or attorney, stating the right of the as- signee, and specifying his demand thereunder, shall have been served on the party to be sued, or left at his list place of abode, at least fourteen days before the commence- ment of such action. Effect of release 35g_ jn auv caso in which a release of a chose in ac- byassignor . -' . . . , , withoutsuoti tion, or a release of execution in any judgment, decree or notice. order, shall have been executed by the assignor thereof, or paj^ment shall have been made to him after the assignment thereof, and no notice of such assignment shall have been received by the person liable to be sued in relation to such chose in action, judgment, decree or order, it shall be law- ful for such person — anything in this Chapter to the con- trary notwithstanding — to rely on such payment or release, by way of defence to any action brought against him in respect of such chose in action, judgment, decree or order, unless release had been accepted, or such payment made with intent to defraud such assignee. S!P°OTl™'r* ^^^" ^^ s^'aW be lawful for any defendant or person abie against liable iu respect of any such chose in action, judgment, assignee. decree or order, in any action brought in respect thereof by any such assignee, to have the same remedy and defence against the assignee and his representatives which he might have had against the assignor in case no such assignment had been made, and in case of payment to such assignee to plead such payment specially to such assignee. OF rNTBBPLEADEB. Where defen- 360. If, in any action of assumpsit, debt, detinue or subject matter trover, tho defendant, after declaration and before plea, third'Urty,'" ®^^'' ^y ''■ffidavit or otherwise show that he claims no sucii party may interest iu the subject matter of the suit, but that the be ordered to • i , . . , • i ■ i -i i i i j. appearand Tight thereto 13 Claimed or supposed to belong to some reUnquish'" third party, who has sued or who is expected to sue for ciaim. ttjQ same, and that such defendant does not in any manner TITLE XXIII.] PLEADINGS AND PEACTICB. 503 collude with such third party, but ia ready to bring into Chap. 94, Court or to pay or to dispose of the subject matter of the action in such manner as the Court or any judge thereof may order or direct ; or if aa action shall have been com- menced in respect of a common law claim for the recovery of money or goods, or where goods or chattels shall have been taken or are intended to be taken in execution under process issued from any Court having jurisdiction in the premises, and the defendant in such action, or the Sheriff or other officer shall apply for relief; the Court or a judge may make rules or orders calling upop such third party to appear and state the nature and particulars of his claim, and maintain or relinquish the same, although the titles of the claimants to the money, goods or chattels in question, or to the proceeds or value thereof, may not have a com- mon origin, but may be adverse to and independent of one another, 361. Upon such rule or order the Court or a judge case may be may hear the allegations as well of such third party as ofsuohonLT the plaintiff, and in the meantime may stay the proceedings in tWb action. 362. The Court or a judge may finally order such third Thw party party to make himself defendant in the same or some other defendant, &c. action, or to proceed to trial on a feigned issue ; and may also direct which of the parties shall be plaintiff or defen- dant on such trial ; or, with the consent of the plaintiff and such third party, their counsel or attorneys, may dispose of the merits of their claims and determine the same in a Bummary manner. 363. The Court or a judge may make such other rules Knies, &c., as to and orders therein as to costs and other matters as may made.*"" '"*'' appear to be just and reasonable. 364. The judgment in the issue or action, and the J'^'Je™''* decision of the Court or judge in a summary manner, shall be final and conclusive against the parties and all persons claiming under them. 365. If such third party shall not appear upon being Bffeototnon- duly served with such rule or order to maintain or re-oFthMp'^ty. linquish his claim, or shall neglect to comply with any rule or order after appearance, the Court or a judge may declare such third party ; and all claiming under him, barred for ever from prosecuting his claims against the original defendant or his representatives ; saving, never- theless, the 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. 366. Any order made in pursuance of this Chapter hy ^^^^^_^^ a single judge not sitting in open Court, shall be liable to ™wedby 504 PLEADINGS AND PRACTICE. [part m. Chap. 94. Judge may] refer prooeed- ings to oourt. Provisions of chapter made a,pplicable to Bheriff and other officers. Rules to be en- tered of record, and to have ef- fect of judg- ments. be rescinded or altered by the Court in like manner as ■ other orders made by a single judge. 367. If, upon application to a judge, in any stage of the proceedings, he shall think the matter more fit for the decision of the Court, he may refer it to the Court; and thereupon the Court shall hear and dispose of the same, as if the proceedings had been commenced by a rule of Court instead of the order of a judge. 368. Where claim shall be made to any goods taken or intended to be taken under any writ of execution or attachment, issuing out of any Court, the Supreme Court or any judge thereof, upon application of a Sheriff, con- stable or other officer, made before or after the return of such process, and as well before as after any action brought against such Sheriff, constable or other officer, may call before them by rule of Court, as well the party issuing the process as the party making such claim ; and thereupon exercise for the adjustment of such claims and the relief and protection of the Sheriff, constable or other officer, all or any of the powers and authorities herein- before contained, and make such rules and decision! 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. 369. All such rules, orders, matters and decisions, in pursuance of the nine preceding sections, excepting only the affidavit to be filed, 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 becoming a charge upon lands; and such rules or orders may be en- forced by execution as in other cases. ASSIGNMENT OP SBCtTBIXrES TO SURETY, ETC. When surety] 370. Every porsou who, being surety for the debt or tOT^mustasIfgil' duty of auothor, or being liable with another for any debt to°r"irpMt '"'"'' or duty, shall pay such debt or perform such duty, shall be thereof. entitled to have assigned to him or to a trustee for him, every judgment, specialty, or other security which shall be held by the creditor in respect of such debt or duty, whether such judgment, specialty, or other security shall or shall not be deemed at law to have been satisfied by the payment of the debt or performance of the duty ; and Process, on such such persou shall be entitled to stand in the place of the " *'^' creditor, and to use all the remedies, and, if need be, and upon a proper indemnity, to use the name of the creditor TITLE XXTII.] PLEADINGS AND PEACTICE. 505 in any action or other proceeding at law or in equity, in Chap. 94. order to obtain from the principal debtor, or any cosurety or co-contractor, or co-debtor, as the case may be, indemni- fication for the advances made and loss sustained by the person who shall have so paid sucb debt or performed such duty ; and such payment or performance so made by such surety shall not bo pleadable in bar of any such action or other proceeding by him : provided always, that no co- surety, co-contractor, or co-debtor, shall be entitled to re- cover from any other co-surety, co-contractor, or co-debtor, by the means aforesaid, more than the just proportion to which, as between those parties themselves, such last mentioned person shall be justly liable. SCHEDULE A. No. 1. S3. Victoria, by the grace of God, &o. To the Sheriff of — , or any other of our Sheriffs : We command j'ou to summon C. D.,of , to appea^ in the Supreme Court at , within days after the service of this writ, at the suit of A. B., who says that tha said C. D. is indebted to him [/or work and materials pro- vided by the plaintiff for the defendant, at his request, or as the case may be,} and he claims dollars. Issued this day of A. D. 18- -, Prothonotary. E. P., plain tifi's attorney, \pr A. B., plaintiff in person.} No. 2. SS. Victoria, by the grace of God, &c. To the Sheriff of , or to any other of our Sheriffs : We command you forthwith, upon security being given according to law, to cause to be replevied to A. B., his cattle, [or goods,} viz., , which C. B., of , unjustly detains as it is said ; and that you summon the said C. D., to appear in the Supreme Court, at , within days after the service of this writ, at the suit of the said A. B., who says that the said C. D. is unjustly detaining the said cattle, [or goods.} Issued this day of , A. D. 18 — , , Prothonotary. B. P., plaintiff's attorney, [or A. B.,plainiff Unperson.} 506 PLEADINGS AND PBACTICE.^, j^ o-IJEART III. Chap. 94. ^'-'^ a^o''^ m. ^-^^^-^-^^ c <5 . ^Victoria, by the grace of God^&c^U'i.c^ ^ ec^c A^ r-^. ^Q command you tt>-eTHBTn>9fi-'6r-©^7-tete~t>f^== j-an- alTaealLJi>r''afese(JiBJHi^<3.e^JtofS--toTi^peai'-4^ CotrWr^ , within tbirty days , at the suit of A. B., who says that and the plaintiff, claims dollars. Issued the day of , A. D., 18 — . • , Prothonotary. B. F., plaintiflf's attorney, [or A. B., plaintiff in person.} [To be endorsed.} By oath for [insert the sum sioorn to or allowedhy the judge.} No. 4. SS. Victoria, by the grace of God, &c. To the Sheriff of or any other of our Sheriffs : We command you to attach the goods, chattels or estate of C. D., late of , an absent or absconding debtor, to the value of , [the sum sworn to or for which the sum- mons was allowed,} to respond the judgment which may be obtained by A. B., who hath taken proceedings against the said C. D., as an absent or absconding debtor, in our Su- preme Court at , and we do command you that immediately after the execution hereof you do return this writ into our Supreme Co'urt at , together with your doings thereon and the day of execution. Issued this day of , A. D. 18 — . , Prothonotary. E. F., plaintiff's attorney, [or A. B., plaintiff in person.} [ To he endorsed.} By oath for [insert the sum sworn to or allowed when summons was issued.} No. 5. SS. Victoria, by^^the grace of God, &c. To the Sheriff of , or to any other of our Sheriffs : We command you to summon G. H., of , the agent or trustee of C. D., late of , an absent or absconding debtor, to appear in our|i Supreme Court at , [being the county in which the(agent resides,} within fifteen days after service, , to^declare, discover and disclose what goods or credits of the"said|C. D., were in his hands or pos- session, or under his management or control, at the time of TITLE XXIII.] PLEADINGS AND PRACTICE. 507 the service of this writ upon him , in a suit prose- Chap. 94. cuted by A. B., against the said C. D., as an absent or ab- sconding debtor, in our said Court at . Issued this day of — , A. D., 18 — . , Prothonotary. E. F., plaintiff's attorney [or A. B., plaintiff in person!] No. 6. SS. Victoria, by the grace of God, &o. To the Sheriff of , or any other of our Sheriffs : We command you to take C. D. of , if he shall be found in your bailiwick, and him safely keep until he shall have given you bail, or made deposit according to law, in a,n action at the suit of A. B,, or until the said C. D. shall by other lawful means be discharged from your custody ; and we do further command you that immediately after the execution hereof you do return this writ into our Supreme Court at , together with the manner in which you shall have executed the same, and the day of the execution thereof; or if the same shall remain unexecuted, then that you do return the same at the expiration of one month from the date hereof. Issued this day of , A. D., 18 — . , Prothonotary. E. F., plaintiff's attorney, [or A. B., plaintiff in personJ] \_Tohe endorsed.'] By oath for [here insert the, sum sworn to.] No. 7. Writ where the defendant, being a British subject, resides out of this Province. SS. _ _ Victoria, by the grace of God, &c. To 0. D. of , in the , of . We command you that within [hereinsert a sufficient num- ber of days within which the defendant might appear with reference to the distance he may be at from this province,] days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be en- tered for you in the Supreme Court of Nova Scotia, at , in an action at the suit of A. B., who says that the said C. D. is indebted to him [for work done and materiel provided hy the plaintiff for the defendant at his request, cf as the case may be,] and take notice that in default of your 508 PLEADINGS AND PRACTICE. [PART III. Chap. 94.. so doing, the said A. B. may, by leave of the Court or a judge, proceed therein to judgment and execution ; and he claims . Issued the day of , A. D., 18 — . , Prothonotary. E. F., plaintiff's attorney, [or A. B., plaintiff in person.'] Memorandum to he subscribed on the writ. N.B. — This writ is to be served within calendar months from the date hereof; or if renewed, from the dat© of such renewal, including the day of such date, and not afterwards. Endorsement to he made on the writ before service thereof, ■ This writ is for service out of the jurisdiction of the court, and was issued by E. F., of , attorney for the said plaintiff, \pr, this writ was issued in personhy A. B who resides at , mention plaintiff 's place of residence.] No. 8. Writ where a defendant, not being a British subject, resides out of this Province. SS. Victoria, by the grace of God, &c. To C. D., of , in . We command you that within [here insert a sufficient number of days, within which the defendant might appear, with reference to the distance he may he at from Nova Scotia] A&ys after the notice of this writ is served on you, inclu- sive of the day of such service, you do appear or cause an appearance to be entered for you in our Supreme Court of Nova Scotia at , in an action at the suit of A. B., who says that the said C. D. is indebted to him [for work and materials provided by the plaintiff for the defendant, at his request, or as the case may he,] and take notice that in default of your so doing the said A. B. may, by leave of the Court or a judge, proceed therein to judgment and ex- ecution ; and he claims dollars. Issued the day of , A. D., 18 — . , Prothonotary. E. F., plaintiff's attorney, [or A. B., plaintiff in person.] Memorandum to be subscribed on the writ, N. B. — Notice of this writ is to be sei;ved within six calendar months from the date thereof, including the day of such date, and not afterwards. Endorsements as in Schedule A, number 7. title xxiii.] pleadings and practice. 509 Chap. 94. Notice of ihe foregoing writ. ~ ToG.H., of ,in . Take notice that A. B-, of , in the Province of Nova Scotia, has commenced an action at law against you C. D., in the Supreme Court of Nova Scotia, at , by a writ of that Court, dated the day of , A. D., 18 — in which he says that you are indebted to him \_for work done and materials provided by the plaintiff for the defendant, at his request, or as the case may be,'] and you are required within days after receipt ot this notice, to defend the said action, by causing an appearance to be entered for you in the said Court, to the said action, and in default of your doing so, the said A. B. may, by leave of the Court or a judge, proceed thereon to judgment and execution. The following are the particulars of the said A. B.'s claim, &c., &c. [signed] E. F., plaintiff's atty., [or A. B., plaintiff in person.^ No. 9. SPECIMENS OF FORMS. Particulars of demand. The following^are the particulars of the plaintiff's claim : 1873. June 30, Half year's rent to date, of house and premises in street, Halifax, Sept, 12. 10 barrels of flour, at $5, Deer. 1. Money received by defendant, Paid, Balance due. Or, To butcher's meat and goods, supplied between the 1st of Jan'y, 1869, and the 1st Jan'y, 1870, $208 00 Paid, 80 00 $102 00 50 00 68 00 220 00 60 00 $160 00 Balance, $128 00 Or, $200. Principal andjnterest due on a bond, dated the day of . 510 PLEADINGS AND PRACTICE. [PABT HI. Chap. 94. Or, Principal and interest due on a covenant con- tained in a deed, dated the day of , to pay $400 and interest. Or, on a bill of exchange for $400 dated the 2nd Feb- ruary, 1873. Accepted [or drawn, or endorsed] by the defendant. Or, $200 on a guarantee, dated the 2nd February, 1873, whereby the defendant guaranteed the payment by E. F., of goods supplied, or to be supplied to him. In cases where interest is payable. The plaintiff also claims interest on $ of the above sum from the date of the writ until judgment. No. 10. Notice is hereby given, that if the defendant do not appear and plead within four days after the period speci- fied in the writ for his appearance, the plaintiff shall be at liberty to sign [judgment by default, if there are no partic- ulars of demand annexed ; and if there be particulars of demand] final judgment for any sum'not exceeding the sum claimed in his particulars of demand, with interest at the rate specified, and costs. No. 11. In the Supreme Court, , on the day of A.D. 18 — . [Day of signing the judgment.] To wit : A. B., in his own proper person, [or by his at- torney,] sued out a writ of summons against C. D., with the particulars annexed as follows : [here copy the particulars of demand.] And the said C. D. has not appeared : Therefore it is considered that the said A. B. recover against the said 0. D. dollars, together with $ , for costs of suit. No. 12. (A.B., Cause, < vs. (CD. I appear for C. D., the defendant in this cause, [or 1 appear inperson.'\ E. P. TITLE XXm.] PLEADINGS AND PEACTICE. 511 No. 13. Chap. 94. Writ of revivor, Victoria, by the grace of God, &c. To the Sheriff of , or to any other of our sheriffs : We command you that j'ou summon C. D.. of , to appear in the Supreme Court at , within days after the service of tiiis writ, to shew cause why A. B. [or 'E. F., as executor of the last will and testament of A. B., deceased,' or as the case may be,] should not have execution against him [if against a representative, here insert, ' as executor of the last will and testament of , de- ceased,' or as the case may be,} of a judgment whereby the said A. B. [or as the case may be,] on the day of , recovered against him, [or as the case may be,] -, and that you notify the said C. D. that in default of his so doing the said A. B. [or as the case may be] may proceed to execution. Dated this day of , A. D. 18—. , Prothonotary. G. H., Plaintiff's Attorney. No. 14. Form of a rule or summons where a judgment creditor applies for execution against a judgment debtor. [Formal parts a^ at present.] C. D., to shew cause why A. B. [or as the case may be should not be at liberty to enter a suggestion in an action, wherein the said A. B. was plaintiff, and the said B. P. was defendant, and wherein the said A. B. obtained judgment for I against the said B. P. on the day of , that it manifestly appears to the Court, that the said A. B. is entitled to have execution of the said judgment, and to issue execution thereupon, and why the said C. D. should not pay the said A. B. th» costs of this application, to be taxed. Note. — The above form may be modified so as to meet the case of an application by or against the representative of a party to the judgment. No. 15. Form of suggestion that the judgment creditor is entitled to execution against the judgment debtor. And now on the day of , it is suggested and manifestly appears to the Court, that the said A. B. [or'E. 512 PLEADINGa AND PRACTICE. [PART HI. Chap. 94. F., as executor of the last will and testament of the said A. B., deceased,' or as the case may &e,] is now entitled to have execution of th'e judgment aforesaid, against the said C. D. {or ' against G. H. as the executor of the last will and testament of the said C. D.' or as the case may be.] Therefore it is considered by the Court, that the said A. B. [or ' E. P. as exenutor aforesaid,' or as the case may be, ought to have execution of the judgment against the said C. D. [or ' against G. H. as executor as aforesaid,' or as the case may 6e.] No. 16. Form of writ in ejectment. SS. Victoria, by the grace of God, &c. To the SheriflF of We command you to summon G. H., J. K., and L. M., to appear in the Supreme Court, at , witliin days after the service of this writ, at the suit of A. B., 0. D., and E. P., who say that the said G. H., J. K., and L. M , withhold the possession to which the said A. B., C. D., and E. F., or some, or one of them, claim to be entitled, ^of a certain house and ten acres of land] situate at , in the County of , and described as follows : [describe the property with reasonable certainty,] and tor the with- holding of which they claim dollars damages. Issued this day of , A. D. 18 — . N."0., Plaintiff's Attorney. , Prothonotary. No. 17. Notice to be endorsed on the writ. Notice is hereby given, that if the defendant do not appear and defend the possession of the property claimed by the within writ, or such part thereof as he may be advised, the plaintiff will be at liberty to sign judgment at the expiration of four days after the period specified in the writ for his appearance, and the defendant may there- upon be turned out of possession. No. 18. Judgment in case of non-appearance. G. H., J. K., and L. M., were summoned to answer A. B., 0. D., and E. P., for withholding possession of [a house TITLE XXin.] PLEADINGS AND PRACTICE, 513 and ten acres of land] situate at , ia the County of Chap. 94. , and described as follows* : And no appearance has been entered to the said writ, [or where defence has been made to a part, except as to — describe it.] Therefore it is considered that the said A. B., C. D., and E. F., do recover possession of the premises above mentioned, [or where defence is to part, except as to the part for which defence has been made as aforesaid,] with the appurtenances, and also $ , for his costs of suit [in cases where damages shall have been assessed, add, and that he do also recover $ , for his damages assessed in respect of the withholding possession of the same by the defendant.] No. 19. Judgment in case of appearance. [As in the last form to the *.] And the defendants appear and defend the possession [or of part thereof, describing the part.] Jury empannelled and sworn, who say that the plaintiffs [or one of them, as the case may be,] are entitled to possession of the premises, [or to the said part thereof;] and they do assess damages for the detention thereof in the sum of $ , to be paid to the said A. B., C. D., and E. F. Therefore it is considered that the said A. B., C. D., and E. F., do recover [as above where judgment is for non-appear- ance,] and als) the sum of $ , by the jury assessed as aforesaid, together with costs of suit. No. 20. Form of pleas in ejectment. The said C. D., [defendant] says that the plaintiffs are not, nor is either of them, entitled to the possession of the said messuage and lot of land claimed by them. [Or if the defendant only defends for apart,] — The said C. D. says fie only defends for a part of the premises claimed by the plaintiff, and which is thus described ; [describe it with reasonable certainty,] and he disclaims all right to the pos- session of the residue of said premises ; and as to the part for which he defends, says that the said plaintiffs are not, nor is either of them, entitled to the possession of the part of the said premises above specified. Plea by landlord shall commence thus : And E. P., admit- ted to defend as landlord of the said premises, [or part thereof, describing the part,] says that 32 514 PLEADINGS AND PRACTICE. [PART HI. Chap. 94. No. 21. Form of a plea under tenancy in common. And the defendant says that he is tenant in common of the premises \pr part, as the case may be,'] with the said plaintiflF, [or with A. B., one of the said plaintiflFs,] and de- fends as such, and admits the right of the said [^claimanf] to an undivided share of the said propert}', and denies any actual ouster of him from the said property. No. 22. The said C. D. Ide/endant] says that he was not in pos- session of the whole or any part of the premises claimed in the plaintiff's writ at the time of the 'commencement of this suit, and does not withhold the same. No. 23. In the Supreme Court. I, A. B., of , in the County of , make oath and say : That I have the ris^ht to the possession of the following cattle [_or goods, as the case may ie,] to wit : , as I verily believe, and that C. D. unjustly detains the same ; and that the said cattle [or goods, as the case may be,} are, to the best of my belief, of the value of dollars. A. B. Sworn to at , in the Oounty of , this day of , A. D. 18 — , before me. E. F., J. P. No. 24. Beplevin Bond. [Bond in the usual form from A. B, (plaintiff,) and E. F. and G. H.] Whereas the said A. B. has sued out a writ of replevin against the said C. D. to obtain possession of certain cattle [or goods'] to wit: , which the said A. B. asserts to be his property. Now, the condition of this obligation is such, that if the said A. B. shall not prosecute his suit with effect and with- out delay, or if suit is carried on and continued between the said A. B. and C. D. touching the property of the said cattle [or goods] and the Court shall adjudge that the aadd cattle [or goods] shall be restored to the said C. D. with damages for detaining the same, then if the said A. B. shall restore the said cattle [or goods] and pay and satisfy TITLE XXIII.] PLEADINGS AND PRACTICE. 515 any judgment that may be obtained against him, this bond Chap. 94. shall become void. — [Where the plaintiff himself does not join in the bond, the form must be altered to conform to the fad.'] No. 25. Security given by the defendant to obtain a retwrn of property. iBond in the iisual form from C. D. (defendainl) and E. F. 'sed. The security shall be by bond to Her Majesty, with at least one good surety, who shall justify ; but if the Judge shall so direct, the security shall be by the deposit with the Prothonotary at Halifax of such sum of money as may be ordered, not exceeding One hundred and sixty dollars. The petition shall set forth specifically the Contents of pe- grounds of appeal ; and the appellant shall on the argu- ment of the appeal, be confined to the grounds stated in the petition. 76. Stay of proceedings shall not be consequent upon stay of proceed- appeals unless the Judge in Equity, upon special applica- '°'^' tion, shall so order, or unless in special cases the Supreme Court shall interpose to that effect. The application may be contained in the petition of appeal, and in any case shall be at the peril of costs in the discretion of the Judge, if unsuccessful. 77. The petition shall be dismissed if Vhe security be aS°aT''*" not perfected with the Prothonotary at Halifax within the time limited ; unless upon application to the Judge in Equity the time shall be extended. 78. There shall be an appeal as aforesaid from the i^™®™'^'™'!''" decisions of the Judge in Equity, to the full bench of the peais. Supreme Court, and the Judge in Equity may be a mem- ber of the Court of appeal ; and such appeals shall be subject to such conditions as regards stay of proceedings and costs, wlien not provided for by legislative enactment as may be prescribed by any rules to be made by the Judge ; and such appeals may be heard out of Term if the attendance of the judges can be 'procured, or, if heard in Term, such portion of the Term shall be allotted for them as may be requisite and convenient. 536 witnesses and evidence. [part iii. Chap. 96. CHAPTER 96. OF WITNESSES AND EVIDENCE. Commission _ 1. In any civil action the Court or a jndge or prothon- siHons'of ab-^° ' otary, upon sufiScient cause being shewn by aflSdavit, may ?iowrssuai!&o. order a cnmmission to issue for tHking the depositions of witnesses residing out of the Province, in such manner and under such restrictions as the Court or judge or pro- thonotary may direct ; and the depositions so taken may be read in evidence at the trial of the cause ; and if the parties in any cause pending in any court consent in writing, to examine witnesses residing out of the Province, whether by interrogatories or viva voce, such consent and the proceedings had thereunder shall be as valid in' all respects as if a commission had been sued out and the proceedings had thereunder. Examinations, 2. Examinations of witnesses residing abroad may be ed.o^bjections" Opened by the prothonotary of the court at the instance taken i' proceed- of either party ; and either party may notify the other of lags thereon, their being so returned, and no objections to such exami- nations being read shall avail, unless taken within eight days next after such notice served ; the party objecting shall be required to specify his objections in writing, and the Court or a judge, on summons, may then hear such objections and decide thereon. Supreme conrt 3. Where a court or tribunal of competent iurisdiction may order ex- . l r -n -hr • j. > i • ■ '^ . •' ^ ■ ammationsof in auy part ot Ucr Majesty s dominions, or m any loreign country shall, in some proceeding before it, issue or authorize a commission or order for obtaining the testi- mony of some person being, within this Province or the production of papers therein, it shall be lawful for the Supreme Court or a jndge, it satisfied of the authenticity of the commission or order, and the propriety of the examination or production by rule or order, to direct the examination of the persons whom it is desired to examine, and the production of papers, when required, in the manner prescribed in the commission or order for examination, or in such other manner, and before such person and with such notice, as the Court or a judge may direct. mS*raabont *' ^^ ^'^'^ causcs depositions of witnesses who are toieavepro- about to leave the Province, or are aged, infirm, or other- rnflrmrhow"' wise Unable to travel, maj' be taken before a judge or commissioner, on due notice being given to the adverse party ; and any party, upon showing sufficient cause by affidavit, may obtain from a judge or commissioner an order in such terms as he shall think fit, to compel an may order ex- aminations of witnesses under commissions from courts abroad. talcen. TITLE XXIIl.] WITNESSES AND EVIDENCE. 537 unwilling witness in any such cause to give evidence before Chap. 96. the judge or commissioner. 5. Where such witnesses reside in any other county ^uen such .1.1. 1-11 ■ . 1 . 1 witnesses do trian that in which the cause is to be tried, a judge or com- not reside in missionei on sufficient cause being shewn by affidavit, may oMeVpondlSg. give such order as he shall think fit for the depo'sitions de bene esse of such witnesses, to be taken before a judge or commissioner by interrogatories or otherwise. 6. In all cases of depositions to' be taken before any Notice of depo- judge or commissioner, at least twenty-four hours notice giveu'ien^h in writing shall be given to the adverse party or to his ^j";™"'™*'"' attorney, where such party or his attorney resides within the county, and an additional twenty -four hours notice for ever}' twenty miles that such party or his attorney sliall reside beyond the limits of the county ; and such notice shall in all cases contain the names ot the witnesses to be examined. 7. Where any rule or order shall be made for examina- Eefnsai ot wit- tion ot witnesses or production or papers under any ot order for exam- the provisions of tliis Chapter, and the rule or order iemp^rfraurt. together with a notice containing the time and place of attendance, signed b}' the person who is to take the exami- nation, shall have been duly served on the party to be examined, and he shall have been tendered his legal fees for attendance and travel, the refusal or neglect to obey any such rule or order shall be deemed a contempt of court, and may be punished by process of contempt. 8. No witness shall be compelled under any rule or ■''■'•■'t'°e"">'J J J., ./^, .. i'^ .^.•' J document!; order under this Chapter to produce any writing or doou- whattobepro- meut that he could not be compelled to produce on trial, **"°*'*" nor to answer any question he would not be bound to answer in court. 9. No deposition taken de bene esse to be used on trials Depositions in this Province, shall be read in evidence without the i^ evidenced* consent of the party against whom the same is offered ; unless the judge shall be satisfied that the deponent is dead, or beyond the jurisdiction, or unable from some infirmity to attend the trial ; but in case of his being so satisfied, the deposition, certified under the hand of the judge or commissioner, shall, without proof of his signa- ture, be received and read in evidence, saving all just exceptions. 10. No examinations of witnesses residing abroad or Examina«ons taken de bene esse shall be set aside by the Court or any Mt*to^bTset judge thereof, unless the party objecting shall lay grounds o^i'lb''"^i'J*'''' by affidavit, which may be opposed as in other cases, and unless the Court or judge shall be of opinion that the objections are not of a purely technical character, and that substantial justice requires that such objections should prevail, which shall be so expressed in the order. 538 WITNESSES AND- EVIDENCE. [PART ni. Chap. 96. In Supreme ejOaTt where discbvery is Nought, interro- gatories may be served on oppo- Hite party. &c. How attested. Neglect to an- swer deemed contempt of court. In case of in- Hufficient an- swer, party may, bj' order, be examined •rally. Order for oral examination, effect of. AnsTers'may be Qsed aa oi- dence. Affidavits in answer to xie7 matter. 11. In all causes in the Supreme Court, by order of the Court or a judge, the plaintiif or defendant may at any time deliver to the opposite party, or his attorney, provided such party, if not a body corporate, would be liable to be called and examined as a witness upon such matter, inter- rogatories in writing upon any matter as to which dis- covery may be sought; and require such party, or, in the case of a body corporate, any of the ofl5cers of such body corporate, within ten days, to answer the questions in writing, by affidavit, to be sworn before and attested by the Court, a judge, or commissioner, or justice of the peace, and to be subscribed by the party answering, and filed in the Prothonotary's office,- and notice thereof given to the attorney on the opposite side ; and any party or officer omitting, without just cause, sufficiently to answer all questions as to which a discovery may be sought with- in the above time, or such extended time as the Court or a judge shall allow, shall be deemed to have committed a contempt of the Court, and shall be liable to be proceeded against accordingly. 12. In case of omission, without just cause, to answer sufficiently such written interrogatories, it shall be lawful for the Court or a judge at tlieir discretion to direct an oral examination of the interrogated party, as to such points as they may direct, before a judge or commissioner; and the Court or a judge may, by such rule or order, or any subsequent rule or order, command the attendance of such party before the person appointed to take such examination, for the purpose of being orally examined as aforesaid, or the production of any writings or other docu- ments to be mentioned in such rule or order, and may im- pose therein such terms as to such examination, and the costs of the application, and the proceedings thereon, and otherwise, as to such Cnurt or judge shall seem just. 13. Such rule or order shall have the same force and effect, and may be proceeded upon, as nearly as may be, in like manner as an order made for the deposition de bene esse of witnesses about to leave the Province, to be taken before a judge or commissioner ; except that the answers to the interrogatories, or the oral examinations, shall be held to be taken absolutely, and not de bene esse, unless otherwise specially ordered. 14. The answers to the interrogatories filed as afore- said, and the answers on the said oral examination, may be used as evidence taken under commission may bo iised, and without the party offering the same being precluded from controverting or contradicting any oart thereof. 15. Upon motions founded upon affidavits, it shall be lawful for either party, with leave of the Court or a judge, TITLE XXIII.] WITNESSES AND EVIDENCE. 539 to make aflSdavita in answer to tlie affidavits of the oppo- Chap. 96. site party upon any new matter arising out of such affi- davits, subject to all such rules as may hereafter be made ^ respecting such affidavits. 16. Upon the hearing of any motion or summons it court or judge shall be lawful for the Court or a judge, at their discretion, Sents'to^be'"" and upon such terms as they shall think reasonable, from P™ne™e'^^? time to time, to order such documents as they may think ''■"'"s^"'^" fit, to be produced, and such witnesses as they may think necessary, to appear and be examined viva voce, either be- fore such Court or judge, or before a commissioner; and upon hearing such evidence, or reading the report of such commissioner, to make such rule or order as may be just. 17. The Court or a judge may, by such rule or order, Mayoommand or any subsequent rule or order, command the attendance wi^iessraorVo- of the witnesses named therein, for the purpose of being ^"^''^""t^ j^. examined, or the production of any writings or other docu- ^^ings^under ments to be mentioned in such rule or order : and such rule order, &c. or order shall be proceeded upon as nearly as may be, in the same manner as rules or orders made for the deposi- tions de bene esse of witnesses, to be taken before a judge or commissioner, are now proceeded upon, and it shall be lawful for the Court, or judge, or commissioner, to adjourn the examiuation from time to time, as occasion may require ; proceedings to and the proceedings upon such examination shall be con-^^'^^^^_ ducted, and the depositions taken down, as nearly as may be tioaa de bene esse. in the mode now in use with respect to the wm voce exam- ination of witnesses de bene esse when about to leave the Province. 18. Any part3' to any civil action or other civil proceed- ippUoationby ii CI n i. • • i.1. a: J -i. r summons to ings in the Supreme Court, requiringthe aindavit or a per- compel exami- son who refuses to make an affidavit, may apply by sum- ?efusPng'toSke mons for an order to such person to appear and be exam- *'^'^"'- ined upon oath before a judge or commissioner, to whom it may be most convenient to refer such examination, as to the matter concerning which he has refused to make an affidavit ; and a judge may, if he think fit, make such order for the attendance of such person before the person there- in appointed to take such examination, for the purpose of being examined as aforesaid, and for the production of any writings or documents to be mentioned in such order, and may thereupon impose such terms as to such examination, and the costs of the application and proceedings thereon, as he shall think fit. 19. Upon the application of either party to any cause Production of or other civil proceeding in the Supreme Court, upon an hauToFop^ affidavit of such part}' of his belief that any document, to^'**P"'y' the production of which he is entitled for the purpose of discovery or otherwise, is in the possession or power of 540 WITNESSES AND EVIDENCE. [PAKf III, Chap, 96. tlio opposite party, it shall be lawful for the Court or a ji'^ge to order that the party against whom such applica- tion in maie, or if such party is a body corporate that some officer to be named of such body corporate, shall answer on affidavit, stating what documents lie has in his possess- sion or power relating to the matters in dispute, or what he knows as to the custody in which they are, and whether he objects, and if so, on what grounds, to the production of such as are in his possession or power; and upon such affidavits being made the Court or judge may make such further order thereon as shall be just. to?etarnedto ^^' ^depositions taken by virtue of the four next pre- prothonotaiy ; Ceding sectious shall be carefully taken down by the ex- wwuae ,e ec a,miner, and by him be returned to and kept in the office of the Prothonotary of the Court, and office copies of such depositions may be given out and the depositions m^y be otherwise used in the same manner as in the case of depo- sitions taken de bene esse of witnesses about to leave the Province, except that the depositions shall be held to be taken absolutely, unless otherwise specially ordered. Keport of judge 21. It shall be lawful for any judge or commissioner, or oommispon- authorized under any rnle or order for taking examinntions under tiie said four sections, or under any rnle or order for taking an oral examination of an interrogated party as afore- said, and he is hereby required to make, if need be, a special report to the Court touching such examination and the conduct or absence of any witness or other person thereon or relating thereto ; and the Court is hereby authorized to institute such proceedings, and make such order or orders upon such report as justice may require, and as may be instituted and made in any case of contempt Costs ofappiica- of the Court ; and the costs of every application for any wetiMiary?^" of such rulcs or ordors, and of the rules and orders and the proceedings thereon, shall be in the discretion of the Court or a judge. Written or 22. Either party in any civil action may exhibit to the printed docu- j ..i.*^. •,, -..jj ments maybe adverse party or his attorney, any written or printed docu- ^usfonf' ment to be used at the trial of the cause, and require him noticewhen within eight days to enter into a rule to admit the same; costs incase ot and it the party ao required shall neglect or refuse so to ™ ^^' do, and the judge before whom the issue ist tried shall be of opinion that the instrument proved was necessary to support the cause of the party producing iJ;, the party so neglecting or refusing shall be liable to paj' the fees of the witnesses necessary tor proving the same. Costs of proof 23. No witnesses' fees shall be allowed in any case tobeSfiowed witliin the preceding section, to a party who shall have neg™o?sto^e«- ^dduccd in support of an issue, of which it was incumbent Mbit. OQ him to prove the affirmative, any written or printed TITLE XXIII.] WITNESSES AND EVIDENCE. 541 document which shall not have been exhibited a reason- Chap. 96. able time before the trial or inquiry to the opposite party; unless sufficient cause shall be shewn on taxation, why the notice could not have been given. 24. No charge for preparing to prove any such docu- What costs of merit incurred before the service of the notice, or after an ments'to be "i- ofiFer by the adverse part}- to admit the same, shall be ^^at'^no"'' allowed, except those charges necessarily incurred in con- sequence of some act of the adverse party, after the service of notice and before the offer of admission. 25. In case of written documents exhibited as aforesaid incase docu- and not admitted; if the Court or judge who tried the "ulsite on trial, cause or the judge who shall tax the costs, shall be of fhT^jP^^s opinion on hearing the parties, that the written documents ""s"^- were not required on the trial, and that the party pro- ducing or proving them had not reasonable ground for believing they would be required, the party proving the documents shall pay the costs thereof; whatever may be the result of the cause. 26. Notwithstanding such written documents may have if comt think been required, if the Court or the judge who tried the cilS to'admit cause or the judge who may tax the costs, shall be of opin- doonments had ion on hearing the- parties, that the party declining to costs to be costs admit such documents had reasonable and just grounds for ""'^"'^' declining, such party sliall not be liable for the costs of proving the written documents absolutely and in any result of the cause ; but such costs shall be costs in the cause; subject to the ordinary rules. 27. All proclamitions, treaties, and other acts of state, Proclamations, of any foreign state, or of any British colony, andall jndg-^l^n'ilf'alfidf- ments, decrees, orders, and other judicial proceedings of "'''**• *'?,7'1''* any court of justice in the Uuiteu Kindom of (ireat as evidence, 4c., Britain and Ireland, or in any foreign state, or in any ''""^ ^™™''' British colony ; and all affidavits, pleadings, and other legal documents, filed or deposited in any such court, may be proved in any court of justice, or before any person having, by law, or by consent of parties, authority to hear, receive and examine evidence, either by examined copies, or by copies authenticated as hereinafter mentioned, that is to say : if the document sought to be proved be a pro- clamation, treaty, or other act of state, the authenticated cop3' to be admissible in evidence, must purport to be sealed with the seal of the foreign state or British colony to which the original document belongs ; and if the docu- meut sought to be proved be a judgment, decree, order or other judicial proceeding of any British, foreign or colonial court, or an affidavit, pleading, or other legal document, filed or deposited in any such court, the authenticated copy, to be admissible in evidence, must purport to be 542 WITNESSES AND EVIDENCE. [part III. Chap. 96. Documents ad- missible in evi- dence in Eng- land without proof of signa- ture, Ac., ad- missible here. Certified copies of papers filed in court admis- sible as evi- dence. Affidavits to hold to bail, &c. made abroad. sealed either with the seal of the said British, foreign, or colonial court to which the original document belongs, or in the event of such court having no seal, to be signed by the judge, or if tliere be more than one judge, by any one of the judges of the said court, and such judge shall attach to his signature a statement in writing on the said copy, that the court whereof he is a judge, has no seal ; but if any of the aforesaid authenticated copies shall purport to be sealed or signed as hereinlaefore fespectively directed, the same shall respectively be admitted in evidence in every case in which the original document could have been received in evidence, without any proof of the seal where a seal is necessary, or of the signature, or of the truth of the statement attached thereto, where such signature and statement are necessary, or of the judicial character of the person appearing to have made such signature and state- ment. 28. Every document which, by any law now in force or hereafter to be in force, is or shall be admissible in evi- dence of any particular in any court of justice in Eng- land", or Wales, or Ireland, without proof of the seal or stamp, or signature authenticating the same, orof the judi- cial or official character of the person appearing to have signed the same, shall be admitted in evidence to the same extent and for the same purposes, in any court of justice in this Province, or before any person having therein, by law or by consent of parties, authority to hear, receive, and examine evidence, without proof of the seal, or stamp, or signature authenticating the same, or of the judicial or official character of the person appearing to have signed the same. 29. Copies of any document, writing, or proceeding, filed in any court in this Province, shall be received as evidence to the same extent as the original : provided such copies be certified under the seal of the court, or by the proper officer under his hand. 30. All affidavits for the purpose of holding persons to ' bail in this Province, or having relation to any judicial proceeding in any court of justice therein, purporting to bo made before a commissioner appointed to do acts without the Province, or a judge of any court of justice in the United Kingdom, or in any foreign state, or in any British colon}', if in other respects conformable to law and the practice of the court in which they are designed to be used, may, notwithstanding they are made before such commissioner or judge of a British, foreign, or colonial- court, be received and acted upon, and shall have the same effect as if made before a judge or other lawful authority in this Province ; provided the same purport to TITLE XXIII.] WITNESSES AND EVIDENCE, 543- be sealed with the seal of such commissioner or of the Chap. 96. British, foreign, or colonial caurt, before one of the judges of which they purport to be made, or in the event of such court having no seal, provided the judge whoso name is subscribed thereto, shall have attached to his signature a statement in writing, on the affidavit, that the court whereof he is a judge, has no seal : but if any such affidavit shall purport to be sealed and signed, or to be signed, without being sealed, as hereinbefore respectively di- rected, the same shall be respectively received and acted upon as aforesaid, and admitted in evidence in every court of this Province, without any proof of the signature and seal of the commissioner or of the signature of the judge and seal of the court, where a seal is necessary, or of the signature, or of the truth of the statement attached thereto, where such signature and statement are alone required, or of the judicial character of the person appear- ing to have made such signature, or signature and state- ment respectively. Declarations now or hereafter made Declarations in conformity with, and which shall have legal effect and gffectwS operation in the place where the same may be made, under made, to have ^,, .^ c I. c A.I • -ir J. J the same effect and by virtue of an act of the imperial parliament, passed here. in the fifth and sixth years of the reign of his late Majesty King William the Fourth, Chapter sixty-two, relating to the abolition of oaths in certain cases, and of any act in amendment thereof, shall have the same operation and eflect in this Province as if authenticated under oath before the same officers before whom the declaration had been made, and as if these officers had been authorized to administer such oath. Acts, deeds, evidence, acknowledgments, and declara- Acts, deeds, sc. tions, now or hereafter done, made, taken, or proved in fe^ct'm GrSt^^" Great Britain or Ireland, or any of Her Majesty's posses-Britain, Ac to sions, with those forms of authentication and proof which "^"''""^ shall be the legal mode of proof and authentication in those places, shall have the same force and effect in this Province as if sworn to before the same persons or officers, by and before whom the proof and authentication may be made, and as if those persons or officers had power to administer an oath, 31, Every register of, or declaration made in respect Proof otregis- of, any British ship, in pursuance of any of the acts rela- ^Ip/''"''^'' ting to the registry of British ships, may be proved in any court of justice, or before any person having, by law or by consent of parties, authority to hear, receive and examine evidence, either by the production of the original, or by an examined copy thereof, or by a copy thereof purporting to be certified under the hand of the person having the charge of the original, and which person is hereby required 544 WITNESSES AND EVIDENCE, [part m. Certified copies of grants, &o., admissible as evidence. Chap. 96. to furnish such certified copy fo any person applying at a reasonable time for the same, upon, payment of the sum of twenty cents ; and every register or copy of register, and also every certificate of registry granted under any of the acts relating to the registry of British vessels, and purport- ing to be signed as required by law, shall be received in evidence in any court of justice, or before any persoH hav- ing by law or by consent of parties, authority to hear, receive, and examine evidence, as presumptive proof of all the matters contained or recited in such register, when the register, or such copy thereof as aforesaid is produced, and of all the matters contained or recited in, or endorsed upon, such certificate of registry when such certificate is produced. 32. A copy of any grant of lands, or documents or any proceedings in Her Majesty's Council respecting the titles of lands, or filed in the Provincial Secretary's office, certi- fied by the Provincial Secretary or the Clerk of the Council, shall be received as evidence to the same extent as the original ; and copies of any document, writing, or proceed- ing, returned to or filed in the Provincial Secretary's office, and copies extracted from the Minutes Book, und Entries of the Executive Council, duly certified by the Provincial Secretary, Deputy Secretary, or Clerk of Council, shall be receivable in evidence to the same extent as the originals. Certified copies 33. A copy of any grant from the Crown, or of any may*be%ecei'ved deed froiu the books of registry, certified under the hand an evidence. pf ^[^^ registrar, or proved to be a true copy taken there- from, shall be received as evidence in the absence of the original, if it shall be made to appear to the Court, by affidavit, that such original is not in the possession or under the control of the party, and that he has inquired for, and been unable to procure the same. 34. The probate of a will, or a copy thereof, certified under the hand of the judge or registrar of probate, or proved to be a true copy of the original will when such will has been recorded, shall be received as evidence of the original will in all causes ; but the Court may, upon due cause shewn upon affidavit, order the original will to be produced in evidence, or may direct such other proof of the original will as under the circumstances may appear necessary or reasonable for testing the authenticity of the alleged original will and its unaltered condition, and the fidelity of the prepared copy. This section shall apply to wills and the probate and provedabroaa. copies of wiUs proved elsewhere than in this Province ; provided that the original wills shall have been deposited and the probate and copies granted in regularly constituted courts having jurisdiction over the proof of wills and administration of intestate estates or the custody of wills. Probate of will, or certified copy received as evi- dence. lb apply to Wills regularly TlTIiE XXIII.] WITNESSES AND EVIDENCE. 545 35. A party intending to avail himself of the two pre- Ghap. 96. ceding sections must give notice in writing of such his J^^^^^^^j; intention to the opposite party, at least ten days previous gi^™nto^oppo- to the trial, with a schedule of the deeds or wills so in- tended to be given in evidence, and the books wherein the same are recorded ; but the judge may dispense with such notice if he be satisfied that no injustice has been done by the want thereof. The certificate of registry certificate of endorsed on any deed, docket of judgment or attachment, aefdsreodved a. and signed bv the rearistrar, shall be taken and allowed in^"^™"^"' II i. -J L- j.i! • i registry. a,ll courts as evidence of the registry. 36. A copy of any duplicate original of a grant or of Copy of grant, the registry of any grant, certified by the Commissioner of Crown Lands, or by the registrar of deeds of any county where such grant is recorded, shall be received in evidence. 37. A certificate of the Prothonotary at Halifax, on Hans certified the plan of any township returned under the thirty-first t^y™ section of Chapter Seventy-nine " Of the Registry of Deeds and Encumbrances affecting Lands," shall be pre- sumptive evidence that the same is the original plan which it is alleged to be in such certificate ; and such plan shall thereupon be received in evidence as such. 38. It shall not be necessary to prove by the attesting ^"^oofotinstrn- Witness any instrument to the validity of which attestation is not requisite ; and such instrument may be proved by admission or otherwise, as if there had been no attesting witness thereto. 39. Comparison of a disputed writing with any writing ^"^pf ■'y,™'"- ■flt I •(»• r 1 ' ^ 1 ' T Yi parison of proveato the satisfaction ot the judge to be genuine, shall handwriting, be permitted to be made by witnesses, and such writing and the evidence of witnesses respecting the same, may be submitted to the court and jury as evidence of the genuineness or otherwise, of the writing in dispute. 40. No person shall be an incompetent witness by tocom^tent reason of incapacity from crime or from interest. £^5™'^°'^^ 41. On the trial of any issue joined, or of any matter competent or question, or on any inquiry arising in any suit, action,"^" or other proceeding in any court of justice, or before any person having by law or by consent of parties authority to hear, receive and examine evidence, the parties thereto, and the person in whose behalf any such suit, action, or other proceeding, may be brought or defended, and the husbands and wives of the parties thereto, and the person in whose behalf any such suit, action, or other proceeding may be brought or instituted, or opposed or defended, in- cluding the reputed father in bastardy cases, and the defendant in cases of petty trespass and assault, shall, except as hereinafter excepted, be competent and compel- 34 546 WITNESSES AND ETTDBNCE. [PART III, execxitors, &c. Pro\'iso. IncompeteDt witnesses. Chap. 96. lable to give evidence, either viva voce or by deposition ~ according to the practice of the court, on behalf of either or any ot the parties to the suit, action, or other pro- ceeding. Parties excluded Provided that on the trial of any issue ioined or of any mat- from civmff , .. . .•'..•'. ,,''.. evidence in suits tor or question or OH anv inquiry arising in any suit, action, by or against ^^ other proceeding in any court of justice, or before any person having by law or by consent of parties, authority to hear, receive and examine evidence brought by or against the executor or administrator of a deceased per- son, it shall not be competent hereafter for any other of the parties to such action, or the wife of any such party to give evidence on behalf of such party of any dealings, tran- sactions or agreements with the deceased, or of any state- ments or acknowledgments made or words spoken by him, or ot any conversations with him : provided that any such party or his wife shall be competent and compellable to give evidence on behalf of any such executor or adminis- trator. 42. Nothing herein contained shall render an}' person who, in any criminal proceeding, is charged with the com- mission of any indictable offence, or any offence punish- able on summary conviction, other than those mentioned in the preceding section, competent or compellable to give evidence for or against himself, or shall render any person compellable to answer any question tending to criminate himself; and nothing herein contained shall render any husband competent or compellable to give evidence for or against his wife, or any wife competent or compellable to give evidence for or against her husband in any criminal proceeding, or in any proceeding instituted in consequence of adultery. 43. No husband shall be compellable to disclose any to wife, &o., not" communication made to him by his wife during the mar- to be discloses, j-jg^gg . and uo wife shall be compellable to disclose any communication made to her by her husband during the marriage. 44. Nothing in the three next preceding sections, shall apply to any action, suit, proceeding or bill, in any court of common law, or court of marriage and divorce, insti- tuted in consequence of adultery. 45. A party producing a witness shall not be allowed Jreeridence'of to impeach his Credit by general evidence of bad character ; to;'^ut°nwy"' but he may, in case the witness shall in the opinion of the contradict him. judge, prove advci'se, contradict him by other evidence, or, by leave of the judge, prove that he has made at other times a statement inconsistent with his present testimony : but before such last mentioned proof can be given, the circumstances of the supposed statement sufficient to Communica- tions of husband Ifot to apply to actions brought for adultery. Party producing witness ilot to TITLE 2XIII.] WITNESSES AND EVIDENCE. 547 designate the particular occasion, must be mentioned to Chap. 96. the witness, and he must be asked whether or not he has ~ made such statement. 46. If a witness upon cross examination as to a former Evidence of m- statement made by him relative to the subject matter of mentVwitnessi the cause, and inconsistent with his present testimony, ^odvel''^ does not distinctly admit that he has made such statement, proof may be given that he did in fact make it ; but before such proof can be given, the circumstances of the sup- posed statement sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement. 47. A witness may be cross-examined as to previous Examination oj statements made by him in writing, or reduced into writing, pre?ious^state- relative to the subject matter of the cause, without such "^'^^ writing. writing being shewn to him, but if it is intended to con- tradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him : provided always that it shall be competent for the judge at any time during the trial to require the production of the writing for his in- spection ; and he may thereupon make such use of it for the purposes of the trial as he shall think fit. 48. A witness in any cause may be questioned as to e™™'"*'}"". »f whether he has been convicted of any felony or misde- to wa conviction meaner; and upon being so questioned if he either deny"'""™^' the fact or refuse to answer, it shall be lawful for the opposite party to prove such conviction ; and a certificate containing the substance and effect only, (omitting the formal part) of the indictment and conviction for such ofi'ence, purporting to be signed by the clerk of the court or other officer having the custody of the records of the court where the offender was convicted, or by the deputy of such clerk or officer, (for which certificate a fee of one dollar and no more shall be demanded and taken), shall, upon proof of ^the identity of the person, be sufficient evidence of the conviction, without proof of the signature or official character of the person appearing to have signed the same. 49. Where a witness in a cause resides more than five subpcona issueti miles from the place where the trial is to be had, a justice nessresTdeT™'" of the peace may issue a subpoena for such person to attend d™tan™ ""^^ at the trial thereof, and the same shall be in the usual form of a justice's subpoena, with the necessary alterations. 50. No person shall be obliged to attend or give evi- witnesB not dence in any cause before any court, judge, commi8siofaer,Sf&o.°Sntii master, or arbitrator, or other person authorized to take Herld! "* his evidence before h© is tendered his legal fees for such atteadance and necessary travel. 548 WITNESSES AND EVIDENCE. [part III. Chap. 96. Judge's testi- mony, how fjikeu and used, Affirmation. Parties empow- ered to admin- ister oaths, &G. Appointment of ooinmissioners abroad ; their acts to be valid. 51. The testimonj'' of a judge of the Supreme Court may be taken before any other judge or a commissioner, in the same manner as in the case of a witness about to leave the Province ; and the testimony may be used on the trial though the judge be not out of the Province, if he shall be necessarily absent from the county on official business. 52. If any person called as a witness, or required or desiring to make an affidavit or deposition, shall refuse or be unwilling from alleged conscientious motives, to be sworn, it shall be lawful for the court or judge, or other presiding officer, or person qualified to take affidavits or depositions, upon being satisfied of the sincerity of such objections, to permit such person, instead of being sworn, to make his solemn affirmation or declaration, in the words following, videlicet : " I, A. B., do solemnly, sincerel}', and truly affirm and declare that the taking of any oath is, according to my religious belief, unlawful ; and I do solemnly, sincerely, and truly affii-m and declare, &a.'' Which solemn affirmation and declaration shall be of the same force and effect as if such person had taken an oath in the usual form. 53. All courts, judges, justices, officers, commissioners, arbitrators, or other persons now or hereafter having by law or by consent of parties, authority to hear, receive and ex- amine evidence, are hereby empowered to administer oaths to all such witnesses as are legally called before them respectively, and to administer affirmations to such of them as are exempted from taking oaths, and shall attest their having administered such oaths or affirmations by their respective signatures. 54. The Governor in Council may select as commission- ers persons residing in the United Kingdom or in any British colony, or in a foreign country ; and a certificate under the hand and seal of any snch commissioner, of the due acknowledgment as required by law,-before him, of release of dower by married women in lands situate within this Province, or of the attestation under oath before such commissioner, of the due execution of deeds and writings intended to be registered, deposited, or filed, in any public office in this Province, or of the attestation to affi- davits relating to the transfer and registry of vessels be- longing to this Province, or relating to proceedings in the Supreme Court, or in any other court within this Province, being a court of record, shall be of full force and effect in this Province, when produced in evidence therein, to all intents and purposes, as if such acknowledgment, oath, or attestation had been duly taken, administered and certified, TITLE XXIII.] ABSKNT OR ABSCONDING DEBTORS. 549 by and before persons authorized to act in like oases with- Chap. 97. in this Province. 55. Parties to a suit when entitled or compellable to Deflnition of be examined, shall be included under the term " wit- ""*" nesses,'" and be within the meaning and object of this Chapter. The term "commissioners" when used in this Chapter shall include commissioners appointed for taking affidavits, and also commissioners and any other persons specially authorized under this Chapter to take examina- tions, depositions, affirmations or answers. 56. In all cases of contempt by disobedience of any contempt of^^ ^ rule or order made under authority of this Chapter, any treated. judge may take cognizance of such contempt, and issue attachment or other process of contempt and decide there- on, subject to appeal to the Court as in cases of appeal from a judge at chambers ; and nothing herein shall abridge the jurisdiction of the Court over such contempts. 57. Nothing herein shall be construed to contravene or ifottn conflict conflict with any legislation (intra vires) of tlie Parliament law. of Canada. CHAPTER 97. ^y,^^^ ^^^^T^ OP SUITS AGAINST ABSENT OR ABSCONDING DEBTORS. . 1. Suits claiming twenty dollars and upwards maybe pro- suit against at- secuted, as well within the City of Halifax as elsewhere, g'Si by thirty against persons absconding or absent out of the Province ; ^' 6um«oDt!. such suits to be commenced by summons stating the defendant to be absconding or absent out of the Province, and containing the cause of action, with particulars when a liquidated sum is claimed, returnable within thirty days. 2. Before the summons issues an affidavit of cause of A^'^^V* '^^'"* 1111 1 11 1 1 1 issue of anm- action shall be made, and the sum endorsed on the sum- mons. mens as in cases of holding to bail, with or without a judge's order ; and the affidavit shall also state that the defendant is absent or absconding from the Province : a copy of the summons shall be left at the last place of defendant's abode ; and no rule to plead or notice of trial shall be required, 3. At or after the commencement of action, and with- Attachment out further or other affidavit, the plaintiff may sue out mtT attachment to take property, on which attachment shall be endorsed the sum endorsed on the original summons. 4. The Sheriff to whom a writ of attachment is direct- I'orwhat ed, shall levy for the amount endorsed on the writ, with suaii levy, one hundred and twenty dollars for probable costs in decla- ration causes, and twenty-eight dollars in summary causes. 550 ABSENT OR ABSCONDING DEBTORS. [PART III. Chap. 97. 5. Where goods are exhibited to the Sheriff as the pro- Goods exhibited P^rtj of the absent or absconding debtor, they shall be to be appraised valued by two sworo appraisers, and upon an appraisment being made under their hands, the Sheriff shall levy upon such part of the goods as shall be sufficient to respond the Attachment only sum sworn to, and probable costs as above ; but the defen- bind, from levy. ^^^^,^ property shall not be bound by the attachment until a levy is made. Perishable goods 6. Where the goods consist of stock, or are shewn upon OTdero/court^ af&davit to be of a perishable nature, and the agent shall ST^ven"'™'^ not, within three days after notice of tbe appraisement, give security f it the value, a judge, or the Prothonotary of the county in his absence may, at his discretion, cause the same to be sold at public auction and the proceeds thereof shall be retained by the Sheriff, or paid into Court to res- pond the judgment. SXJBSEQIJENT ATTACHEBS. Party interested 7. When any person shall have any title or interest in tachment. any real estate, goods or credits attached, as a subsequent attacher or otherwise, ho may be allowed to dispute the validity and effect of the attachment, on the ground that the sum demanded was not justly due, or that it was not payable when the action commenced. Shall apply to 8. The party objecting to the attachment may apply to davit.™ * the Court to set it aside, which application shall be ground- ed on an affidavit, setting out the facts and circumstances on which the motion is made, and also shewing that his claim is just and legal. Court may refer 9. Upon hearing the motion, the Court may direct a andmay make trial by jury of any question of fact arising on the inquiry • other orders. ^^^ j^ jj. g\^^]\ appear that the sum demanded in the prior suit or any part of it is not justly due, or was not payable when the action was comraencedj 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. Proceedings in 10. The proceedings between the two adverse claimants hlveno'effect. shall uot be affected by any plea or other act of the defen- dant in the prior suit, nor by any judgment that shall be rendered therein. coartmay order H. The Court may, UDon every such inquiry, direct security for , -^ ^ j • r ^.j j-- costs, &c. such security to be given for costs, and, upon any decision thereon, may award such costs to either party as they shall think just and reasonable ; and execution in the common form may be issued therefor. title xxiii.] absent or absconding debtors. Chap. 97. APPEABANCE, AND JUDOMENT WHBBB NO APPBABANCE. 12. The defendant may appear at any time before judg- ^j['™ ^®^°'''"'' ment. ay appear. 13. If no appearance be entered after six months from uamagea.how attachment of property or service of an agent, unless S^ of Tppear- special matter in bar, abatement, or further continuance »"<=«■ be allowed, the damages may be assessed before a judge at chambers, or before the Court, and the judge or Court may, at his or their discretion, order a trial before a 14. If dissatisfied with the proof or the finding of the Jidgemay order jury, the judge or Court may order anew trial or may ^bstpoDe judg- postpone judgment for not more than six months, to allow ™™*" the defendant further opportunity to defend. EXECUTION. 15. After judgment obtained against an absent or Execution may absconding debtor, the Court or a judge shall grant execu- agent by^OTderof tion against any agent or trustee who has appeared and °°"^'- acknowledged goods or credits in his hands, for such amount and on such terms as the Court or a judge shall think fit, allowing the agent his reasonable coats and com- mission ; such agent or trustee having had notice of the application. 16. No execution shall issue against an absent omaintiff togive absconding debtor until the plaintiff shall give security to llecution. the satisfaction of the Court or a judge or the Prothonotary, for the repayment of all moneys levied thereunder, in case the judgment should be reversed ; but no such approval shall be given by the Prothonotary, unless upon affidavits verifying the sufficiency of the security. 17. The agent of such absent or absconding debtor AgentnotuaUe shall not be held liable for any goods or credits so taken n°nd»'tMs'ohTp- out of his hands by process and judgment of law. *^''- . THE AGENT. 18. No summons shall issue in any case against an absent iTo summons to or absconding debtor to bring in an agent or trustee, until S^it Xda- the plaintiff or his agent shall make an affidavit of his ^'■ belief that the person proposed to be summoned is the agent or trustee of the defendant, or hath goods or credits of such defendant in his possession or under bis control. 19. The service of process on the agent shall bind all semceotpro- the goods and credits of the absent or absconding person aiigSS"'^ then in his possession or under his control, to the amount *^™*'^ '"'"'^'' endorsed on the writ, with one hundred and twenty dollars 552 ABSENT OR ABSCONDING DEBTORS. [PART III. Chap. 97. Appearance and declaration of iigent. Proviso. Agent or trustee entitled to costs and fees in cer- tain cases. Proceedings against agent not appearing. for probable costs in declaration causes, and twenty-eight dollars in summary causes. 20. When an agent or trustee is summoned, he 'shall appear and fylo his declaration with the Prothonotarj' ot the county where he resides, and serve the plaintiff or his attorney with a copy thereof within fifteen days after service; but he shall not be required to appear for per- sonal examination, except on notice to that effect and in the county where he resides, either before a judge or the Court in term or sittings. 21. Where a person summoned as agent or trustee shall fyle a declaration under his hand that he had not, at the time the summons was served upon him, any goods or credits of the absent or absconding debtor in his posses- sion or under his control, and shall, if required, submit to an examination upon oath satisfactory to the Court, such agent or trustee shall be discharged and be entitled to his reasonable costs, to be taxed and allowed, besides his fees and attendance as in case of a witness, and shall be en- titled to sue out execution against the plaintiff for the amount of such costs, fees and attendance. 22. If any person summoned as an agent or trustee shall fail to appear, and disclose upon oath if required the amount of the goods or credits of the principal in his possession or under his control, at the service of process, or to acknowledge that he has sufficient in his hands to respond the judgment, the Court may proceed against him as for a contempt ; and he shall also be liable to pay the plaintiff his costs if the Court shall so order. SPECIAL BAIL. Attachment re- moved by spe- cial bail. 23. When the absent or absconding debtor, his agent or trustee, shall desire to relieve the property from the attachment, he shall put in and perfect special bail to I'espond the judgment, and submit to such terms as the Court or a judge shall deem right for the attainment of substantial justice. No trial before attachment or acknowledg- ment by agent. Defendant re- heard within three years. TRIAL AND BB-HBAMNa. 24. 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 has goods or credits of such absent or absconding debtor in his posses- sion or under his control. 25. Where judgment has been obtained against an absent or absconding debtor, the defendant shall be entitled to a re-hearing at any time within three years. title xxiii.] absent oe absconding debtors. 553 Chap. 97. POBEIGN COMPANIES. 26. Companies or bodies corporate associated or i n cor- Foreign oompa- porated out of Nova Scotia, doing business by an agent Sel^by afente!" within this Province, may be sued for any cause of action how sued. arising in whole or in part therein, by the name whereby they are associated or incorporated, or by the name whereby they may be designated by the agent ; and ser- vice on the agent of process to appear shall give the Court jurisdiction over the case ; and proceedings shall be had as when process to appear has been served on a defendant personally ; and any person so served may, during the first Term, appear and shew that he is not an agent, and upon proof thereof he shall have judgment against the plaintiff with costs of suit. 27. The Court may, on sufficient cause shewn, allow Time aUowed to time for the agent to communicate with his constituents. wiSTprinoipai. 28. If judgment shall pass for the plaintiff, the agent, ^"o'Js in hands whether the same agent who was served with process, or for amount of any other, shall be bound to respond the same out of the J"''«"™'- assets of the company or bedy corporate, which then are, or at any time afterwards may come into his hands or under his control ; deducting his costs, and fair and legal commission thereon, to be disclosed by the agent on oath, if thereto required. 29. After iudgment, the agent may be examined on Examination ot J o ' ^ o •/ ^ acent after oath before the Court or a judge at chambers, concerning judgment. the assets of the com pan}', or corporate body, in his hands or under his control at the time of judgment, or at any time afterwards ; and the plaintiff and his proof may be heard in explanation or contradiction ; and such order shall be therein made as to justice may appertain, which shall be enforced against the agent personally. 30. If the plaintiff shall desire security previous toHowpiamtiff judgment, he may at the commencement of the suit, or ounty before during its progress, make oath to the cause of action, and J"''^'"™'' proceed by attachment against the estate and effects of the company, or corporate body, and by summons to disclose against the agents and debtors of the company, or corporate body, or by either process, and by one or ia separate and several writs ; and the estate and effects attached, and also the credits and effects in the hands or under the control of the agents or debtors at the time of service, or at any time afterwards, shall be available to respond the judgment to the amount of the sum sworn to and costs, as in cases under the sections relating to absent or absconding debtors; but the plaintiff may nevertheless proceed against the agent after judgment, as before directed. 554 SUITS AGAINST EXECUTORS, ETC. [PART III. Chap. 98. 31. When such company shall havo ceased to do busi- ProoeedingB °®^^ Within the Provinco, or shall have no agent within where property the Provinco, or such Cannot be discovered, and shall have property, real or personal, within the Province, summons may issue on affidavit, and attachment may be sued out, and the subsequent proceedings shall be the same as pro- vided herein, in the case of absent or absconding debtors. 32. Nothing in the last six sections contained shall prevent the judgment from binding the property of the company, or body corporate, or from being levied and enforced by execution, or otherwise in such manner as may be conformable to law in other cases. Property, how bound. CHAPTER 98. OP SUITS AGAINST EXECUTORS, ADMINISTRATORS, AND TRUSTEES. Within what time executors, &c. may bring action tor inju- ries to real es- tate of deceased, within what time actions of trespass, Ac. may be brought against execu- tors, Ac, for in- juries done by deceased. Actions of debt maintainable against execu- tors, &c. Legacies, &c. recovered by action at com- mon law. Eesiduary lega- tees may sue their co-execu- tors. 1. Actions of trespass, or trespass on the case, may be maintained by executors or administrators for any injury to the real estate of the deceased committed within six months previous to his decease, for which the deceased might have maintained such action ; provided the action be brought within one year after his death. 2. Actions of trespass, or trespass on the case, may be maintained against the executors or administrators of a deceased person, for any injury done by him in his life- time to the real or personal property of another ; so as such injury shall have been committed within six months before his death ; and so as such action shall be brought within six months after his executors or administrators shall have undertaken the administration of his estate. 3. An action of debt on simple contract may be main- tained at common law against any executor or administra- tor. 4. Every legatee may recover the amount and value of his legacy, annuity or bequest, at common law, from the administrator with the will annexed, or executor, either by action for money had and received or otherwise. 5. Any executor being a residuary legatee may main- tain an action at common law for money had and received or otherwise, against his co-executor, and may in like manner sue for and recover his rateable part thereof; and any other residuary legatee shall have the like remedy against an executor. TITLE XXIII.] SUITS AGAINST EXECCTORS, ETC. 555 6. When two or more persons are named executors in Chap. 98. a will and any of them shall neglect or refuse to act, and Executors to probate shall be granted to the other or others of them, it J'^^'^jP^''^^'* shall not be necessary to name the executor who has so graoted, need refused or neglected, in any action or suit relating to the fnany suit.V. estate. 7. Executors, administrators and trustees, unless where Executors, &c. otherwise directed by the will or other instrument creating invest in pro- the trust, are hereby authorized to invest money and funds tu?Sf&o^''™" in their hands, or under their control, in the savings bank, or in provincial debentures ; and the production of such provincial debentures, or other evidences of money so in- vested and deposited, shall be held equivalent to the pro- duction of the amount of money actually paid by any such executor, administer, or trustee. 8. Upon the petition of any trustee appointed by deed, f^™*j|Ji°f''oj" or of any executor appointed a trustee by any last will, trustees, &c, asking his discharge from the trust or executorship, a judge of the Supreme Court may direct such preliminary inquiry, and with such notices to parties interested as he shall think fit, as to the terms upon which the resignation of such trustee or executor should be accepted ; and the Supreme Court or any two judges thereof may thereafter pass such order for the discharge of such trustee or exe- cutor, as a due regard to his wishes and interest, and to the rights and interests of the persons interested in the execution of the trust may require. 9. A petition may be presented in like manner, by any Kemovaiot person interested in the execution of a trust, asking for *™^*^^^' ^■ the removal of any trustee or executor, and a like inquiry may be thereupon had, and such order passed by the Supreme Court, or any two judges thereof, as a due regard to the rights and interests of the trustee or executor, and of the parties interested in the execution of the trust, may require, 10. The Supreme Court, or any two judges thereof. Appointment ojr shall have full power to appoint a new trustee in place of a trustee or executor so discharged or removed, or of any » trustee removed from the jurisdiction of the Court, or in case of the death, unfitness or incapacity of a trustee, and upon such terms as to security for the due execution of the trust as shall be deemed necessary ; and when, in consequence of such resignation or removal, there shall be no acting trustee, the Court, or any two judges thereof, in their discretion, may appoint new trustees, or cause the trust to be executed by one of the officers of the Court under their direction. 11. The Court may direct the costs of any proceedings costs, how paid under the three last sections to be taxed and paid out of *°" the trust funds, or otherwise, as they shall think proper. 556 Chap. 99. LIBERTY OP THE SUBJECT. [PAET HI. CHAPTER 99. OP 8ECDEING THE LIBERTY OP THE SUBJECT. Certdin acts of imperial parlia- ment to have force in this province. Judges of su- preme court same power as judges in Eng- land. Rights, &c.. con' ferred on inha- bitants of this province. First section not to take away common law right to habeas corpus. Supreme court to apply equit- able principles. Habeas corpus may be granted by supreme court or a judge thereof : Who may give rule or order instead of writ. 1. The act of the imperial parliament, passed in the thirty-first year of the reign of King Charles the second, entitled " An Act for the better securing the Liberty of the Subject and for the prevention of Imprisonment be- yond the Seas,'' and the act of the imperial parliament, passed in the fifty-sixth year of the reign of King George the third, entitled " An Act for more eiFectually securing the Liberty of the Subject," and all acts of the imperial parliament passed in addition to, or amendment ot, or on the same subject as the said recited acts, or either of them, shall have full force and effect in this Province as far as the same are applicable therein; and the Supreme Court and the Judges thereof have the same authority and power over cases within the purview of such acts here as the courts mentioned in such acts and the judges thereof have in England ; and the rights and remedies, and the obligations, punishments and penalties conferred and imposed by the said statutes, or either of them, are conferred and imposed upon and made applicable to persons within this Province, as fully as if such acts were re-enacted and specially extended to the courts, judges, officers, and persons within this Province. 2. The preceding enactment shall not be construed to abrogate or abridge the remedy by the writ of Habeas Corpus at common law, but the same exists in full force, and is the undoubted right of the people of this I'rovince ; and in all motions and proceedings on writs of Habeas Corpus, where parties are charged on preliminary arrest with criminal offences, or where the care and custody of infant children are concerned, the judges of the Supreme Court shall deal therewith according to the principles of equitable jurisprudence and the exigencies of the case. 3. The writ of Habeas Corpus, whether under statute or common law, may be applied for to and be granted by ajudgeof the Supreme Court, returnable before himself or returnable before the Court, and may be applied for to and may be granted by the Court, returnable to itself or to a judge at Chambers in vacation. And where it would be attended with unnecessary delay, expense or incon- venience to bring in the body of a party illegally restrained of his liberty before the Court or judge, the Court or any judge of the Supreme Court, upon sufficient cause shewn, or by or on behalf of any person confined in any jail or TITLE XXIII.] LIBERTY OP SUBJECT. 557 prison, may, in their discretion, and they are hereby em- Chap. 99. powered, (instead of granting fiat for a wv'\t of habeas corpus cum causa requiring the keeper of such jail or prison to bring the prisoner before the Court or a judge in order that the legality of such imprisonment may be inquired into and discharge, bailment or recommitment, had thereon,) by rule of the Court, or by order of the judge in writing, signed by him with his name, addition of office, and place of residence, to require and direct such keeper to return to the Court or to the judge whether or not such person is detained in prison, together with the day and cause of his having been taken and detained. 4. It shall be the duty of such keeper immediately ^^^p^'' 'o™*'"' upon the receipt of such rule or order to make a true and oeiptof"order! full return in writing to tlie Court, or to such judge, of the day and cause of such taking and detention to the same effect as a return to a writ of Habeas Corpus would now be made ; such return always to include a copy of the process, warrant or order, upon whicfi the said prisoner is held, where the same is of a criminal nature, or upon any summary complaint or conviction before any justice of the peace; and such judge may enforce obedience to such ^^«'^™>''°'" ™- order by process of contempt, in the same manner as he may compel proper return to be made to a writ of Habeas Corpus. 5. Upon return to inch order, the Court or judge may Proceedings at- proceed to examine into and decide upon the legality ofturn.'^^''""^'"' the imprisonment, and make such order, require such veri- fication, and direct such notices or further returns in respect thereof as may be deemed necessary or proper for the purpose of justice; and may by rule of Court or by order in writing signed as aforesaid, require the immediate discharge from prison, or may direct the bailment, of such prisoner in such manner and for such purpose and with the like effect and proceeding as is now allowed upon Habeas Corpus; such bail when ordered, to be entered into before any justice of the peace, specially named in such order, or any justice of the county or place where there is no such nomination, 6. It shall be the duty of such keeper immediately upon Keener to com- the receipt of any rule of Court or order of a judge in rela- to prisoner and tion to a prisoner in custody, to communicate the same to '°™'^'' °°''''' such prisoner and to give him a true copy thereof if demanded, and to obey the requirement of the same. 7. In all cases, whether under statute, or at common Court or judge law, or under the provisions of this Chapter, it shall be Son'orpro"" lawful for the Court or a judge to require the production of^S^^^^j all &Hch proceedings, documents and papers relating to the '■"'"yv"*" matter in question, before whomsoever and in whoso 558 LIBERTY OP SUBJECT. [PAET IH.. Chap. 99. possession soever,a8 to the Court or judge may appear neces- ~~ sary for the elucidation of the truth, and m&y also examine into the truth of the return to any writ of habeas corpus, or rule or order granted under this Chapter, in the same man- ner as such examination is provided for in cases under the before mentioned aet of parliament, passed in the fifty- sixth year of the reign of King George the Third. jTegiectord^so- §_ Bvery wilful neglect or disobedience of a rule of ished as a con- Court, Or the order of a judge in relation to a prisoner, tempt. shall be punishable by fine and imprisonment, or either, at the discretion of the Court, as for a contempt. Eeturnmaybe 9. The matter of the return made to the order of a anottoKe!''' judge may be heard and decided on by any other judge of the Supreme Court ; who shall have the same power and jurisdiction in respect thereof as the judge by whom the first order was made. Order not to 10. No Order made under this Chapter shall require or disohargeTo? *" enable the keeper of any jail or prison to discharge the othermatter. prisoner from any commitment or charge other than that specified in such order, but it shall be the duty of such keeper in every return to specify the several causes of commitment and detention, if more than one ; and if be- in case of other ^^yQQQ the time of making the return and receiving an order for the discharge or bailment, any other warrant, pro- cess or order, shall have been delivered to him, requiring the detention of the prisoner upon any charge of a crimi- nal nature, or summary complaint or conviction, such keeper shall without any further order make and transmit to the Court or a judge an additional return, with a copy of such warrant, process or order, and the time of receiv- ing the same, which may be dealt with by the Court or judge as if made pursuant to an order for that purpose irothing herein granted. Provided that no person who may have been remedy?? plity falsely imprisoned shall be deprived or restrained from his illegally im- remedy by civil suit against any person who may have ille- „ , ," eally caused such imprisonment ; but the Court or iudge Order of exemp- o J . i/yii i i JO tionof keeper, by whom relief may be artorded may by order exempt any such keeper of a jail from civil suit who may appear to him to have acted upon the warrant or order of any judge or justice, according to the requirements of the same with- out malice or evil intent, although such warrant or order may be bad in form or substance ; and any such order of exemption may be pleaded in bar to any action brought against such keeper or notice given thereof as an addi- tional ground of defence under any act of this Province in such case made and provided. Nottojonflict 11. Nothing herein contained shall be construed to con- iTw!" '^'"""** travene or conflict with any legislation (inira vires) of the Parliament of Canada. title xxiii.] limitation op actions. 559 Chap. 100. CHAPTER 100. OF THE LIMITATION OP ACTIONS. 1. No action of assumpsit, trespass ouare clausum freait. Actions which d.. . i-Tii 11 11? require to be etinue, trover, replevin, debt grounded upon any lending brought within or contract without specialty, or for rent, account, or upon ^'^y^'^- the case, shall be brought but within six years next after the cause of action. 2. In any action grounded upon simple contract, noApromiseto acknowledgment or promise, by words only, shall be o^theSute' deemed sufficient evidence of a new or continuing con- J^f"'^'"'^''" tract, 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 promise shall be in some writing signed by the , party chargeable thereby, or his agent duly authorized to make such acknow- ledgment or promise ; and where there shall be two or contraotora°TO- more joint contractors or executors or administrators of e^s^'or^, &. any such contractor, no such joint contractor, executor or administrator, shall lose the benefit of the preceding sec- tion by reason only of any written acknowledgment or promise made or signed by any other of them, or by the agent of any other of them. But nothing herein con- tained 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 administra- tors, if it shall appear at the trial or otherwise that the plaintiff though barred by this provision as to one or more of such joint contractors, or executors or administrators, shall nevertheless be entitled to recover against any other of the defendants, by virtue of a new acknowledgment or promise or otherwise, judgment may be given and costs allowed for the plaintiff, as to such defendant against whom he shall recover, and for the other defendants against the plaintiff. 3. If any defendant in an action on any simple con- aSmln'tf^r'' tract, shall plead any matter in abatement, to the effect non-joinder un- that any other person ought to be jointly sued, and issue how'fou**^'*'' be joined on that plea ; and it shall appear at the trial, that the action could not by reason of this Chapter be main- tained against the other person named in such plea, the issue joined in such plea shall be found against the party pleading the same. 4. No endorsement or memorandum of any payment, b" p°y^™t** written or made upon any promissojy note, bill of exchange evidence. 560 LIMITATION OP ACTIONS. [PART III, Chap. 100 Set-ofEdue on simple contract 'vrlthin statute. Promise after full age to pay debt contracted during infancy muit be in wri- ting. Limitation of actions of ac- count. &c. Actions which require to be brought within one year. Actions against minors, &c., within what time to be brought. Actions against persons out of province. Case of joint debtors. . or other writing, by or on behalf of the party to whom "such payment shall be made, shall be deemed sufficient proof of sucl) payment, so as to take the case out of the operation of this Chapter. 5. This Chapter shall apply to the case, of any debt on simple contract, alleged by way of set off on the part of any defendant, either by plea, notice or otherwise. 6. No action shall be maintained whereby to charge any person upon any promise, made after full age, to pay any debt contracted during infancy, or upon any ratifica- tion after full ago, of any promise or simple contract made during infancy, unless such promise or ratification shall be made by some writing signed by the party to be charged therewith, or his agent duly authorized to make such promise or ratification. 7. All actions of account, or for not accounting, and suits for such accounts as concern the trade of merchan- dize between merchant and merchant, their factors or servants, shall be commenced and sued within six years after the causes of such actions or suits ; and no claim in respect of a matter which arose more than six years before the commencement of any such action or suit, shall be en- forceable by action or suit by reason only of some other matter of claim comprised in the same account having arisen within six years next before the commencement of such action or suit. 8. No action of trespass for assault, battery, wounding or imprisonment, and no action on the case for words, and no action or prosecution for taking illegal interest, shall be commenced but within one year next after the cause of action, or after the offence committed. 9. Actions by or against minors, married women or persons insane, may bo commenced within the like period after the removal of the disability, as is allowed for bring- ing the action in ordinary cases. 10. Actions against persons out of the Province may be commenced within the like period after the return of such persons as is allowed for bringing the action in ordi- nary cases : Provided that where the cause of action or suit lies against two or more joint debtors, the person who shall be entitled to the same shall not be entitled to any time within which to commence and sue any such action or suit against any one or more of such joint debtors who shall not be out of the Province at the time such cause of action or suit accrued, by reason only that some other one or more of such joint debtors was or were at the time such cause of action accrued, out of the Province ; and such person so entitled, as aforesaid, shall not be barred from commencing and prosecuting any action or suit against TITLE XXIII.] LISIITATION OF ACTIONS. 561 the joint debtor or joint debtors who was or were out of Chap. lOO. the Province at the time the cause of action or suit accrued, after his or their return into the Province, by reason only that judgment was already recovered against any one or more of such joint debtors who wasnotor werenotoutof the Province at the time aforesaid. 11. If in any action judgment be given for the plaintiff, when judgment and the same be reversed by error, or if judgment be new action may arrested after verdict, then the plaintiff may commence a *nye°?5'''^'*''" new action within one year after such judgment reversed or arrested. LANDS, SPECIALTIES, ETC. 12. No person shall make an entry or distress, or bring limitation of an action to recover any land or rent, but within twenty makeenTry°or*° years next after the time at which the right to make such action to^eSiw entry or distress or to bring such action shall have first land. accrued to some person through whom he claims, or if such right shall not have accrued to any person through whom he claims, then within, twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to the person making or bringing the same. 13. In the construction of this Chapter the right to Eight of action make an entry or distress, or bring an action to recover ^uld.*™'*" any land or rent, shall be deemed to have first accrued at such time as hereinafter is mentioned, (that is to say) : — ondisposses- when the person claiming such land or rent, or some per- "°°' son through whom he claims, shall, in respect of the estate or interest claimed, have been in possession or in receipt of the profits of such land, or in receipt of such rent, and shall, while entitled thereto, have been dispossessed, or have discontinued such possession or receipt, then such right shall be deemed to have first accrued at the time of such dispossession or discontinuance of possession, or at the last time at which any such profits or rent were or was so received : when the person claiming such land or rent on death. shall claim the estate or interest of some deceased person who shall have continued in such possession or receipt in respect of the same estate or interest until the time of his death, and shall have been the last person entitled to such estate or interest who shall have been in such possession -or receipt, then such right shall bo deemed to have first accrued at the time of such death : when the person AU:n»tion. claiming such lands or rent shall claim in respect of an ' estate or interest in possession granted, appointed, or ■otherwise assured by any instrument (other than a will) to him, or some person through whom ho claims, by a per- 35 562 LIMITATION OP ACTIONS. [PART III. Chap. 100. son being in respect of the same estate, or interest in the possession or receipt of the profits of the land, or in receipt of the rent, and no person entitled under such instrument shall have been in such possession or receipt, then such right shall be deemed to have first accrued at the time at which the person claiming as aforesaid, or the person through whom he claims became entitled to such possession Reversionary or receipt by virtue of such instrument : whou the estate interest, ^^ interest claimed shall have been an estate or interest in reversion or remainder, or other future estate or interest, and no person shall have obtained the possession or the receipt of the profits of such land or the receipt of such rent in respect of such estate or interest, then such right shall be deemed to have first accrued at the time at which such estate or interest became an estate and interest in Forfeiture or possessiou J and whon the person claiming such land or ^r^"'' °' ™'"^' rent, or the person through whom he claims shall have become entitled by reason of any forfeiture or breach of condition, then such right shall be deemed to have first accrued when such forfeiture was incurred or such con- dition was broken. Eigiit when first 14. When any person shall be in possession or in receipt tenInt'*at°T^ir of the profits of any land, or in receipt of any rent as tenant at will, the right of the person entitled subject thereto, or the person througti whom he claims, to make an entry or distress or bring an action to recover such land or rent, shall be deemed to have first accrued either at the determination of such tenancy or at the expiration of one year next after the commencement of such tenancy, at which time such tenancy shall be deemed to have determined. Provided always, that no mortgagor or ce8tv,i que trust shall be deemed to be a tenant at will, within the meaning of this Section, to his mortgagee or trustee. In case of tenant 16. When any pcrsou shall be in possession or receipt yea"^'*'^'" of the profits of any land or in receipt of any rent, as tenant from year to year or other period, without any lease in writing, the right of the person entitled subject thereto, or of the person through whom he claims, to make an entry or distress or to bring an action to recover such land or rent, shall be deemed to have first accrued at the determi- nation of the first of such years or other periods, or at the last time when any rent payable in respect of such tenancy shall have been received (which shall last happen). Mere entry not 16. No person shall be deemed to have been in possea- deemed posses- ^.^^ ^^ ^^^ ^^^^ within the meaning of this Chapter merely by reason of having made an entry thereon. Continual or 17. No coutinual or other claim, upon or near any land, "opre^rraright shall preserve any right of making an entry or distress, or f entry, &o, p£ bringing an action. TITLE XXin.] LIMITATION OF ACTIONS. 563 18. When any, or more, of several persons entitled to Chap. 100. any land or rent as co-parceners, joint tenants, or tenants possession of in common, shall have been in possession or receipt of"on« co-parcener, the entirety or more than his or their undivided share or possession of the shares of such lands or of the profits thereof, or of such '"''*''^' rent, for his or their own benefit, or for the benefit of any person or persons other than tlie person or persons entitled to the other share or shares of the same land or rent, such possession or receipt shall not be deemed to have been the possession or receipt of or by such last mentioned person or persons or of any of them. 19. When any acknowledgment of the title of the per- Aoknowiea^- son entitled to any land or rent shall have been given to given t° person* him or his agent in writing, signed by the person in pos- ^^J^^ Je '"^ session or in receipt of the profits of such land, or in receipt equivalent to c 1 * Ai 1 • 'It 11 possession or such rent, then such possession or receipt of or by the or receipt of person by whom such acknowledgment shall have been '^°*' given, shall be deemed, according to the meaning of this Chapter, to have been the possession or receipt of or by the person to whom or to whose agent such acknowledg- ment shall have been given, at the time of giving the same; and the right of such last mentioned person or any person claiming through him, to make an entry or distress or bring an action to recover such land or rent shall be deemed to have first accrued at and not before the time at which such acknowledgment, or the last of such acknowledgments if more than one, was given. 20. If at the time at which the right of any person to Persons under make an entry or distress or bring an action to recover any tlncy,''^.?ii-" land or rent shall have first accrued as aforesaid, such per- ^f"^^''^^^?^" son shall have been under any of the disabilities herein- tion of disability, after mentioned, (that is to say,) infancy, coverture, idiot- cy, lunacy, unsoundness of mind, or absence from the Pro- vince, then such person,' or the persons claiming through him, may, nothwithstanding the period of twenty years hereinbefore limited shall have expired, make an entry or distress or bring an action to recover such land or rent at any time within ten years next after the time at which the person to whom such right shall first have accrued as afore- said shall have ceased to bo under any such disability, or shall have died (which shall have first happened). 21. No entry, distress, or action shall be made or brought No action, Ac- hy any person who, at the time at which his right to make S forty™!^?* an entry or distress, or to bring an action to recover any '™™j*'''°" *"" land or rent shall have first accrued, shall be under any of the disabilities hereinbefore mentioned, or by any person claiming through him, but within forty years next after the • time at which such right shall have first accrued ; although the person under disability at such time may have remained 564 LIMITATION OF ACTIONS, [part III, Chap. 100. Mortgages and legacies deemed eatislied at end of twenty years, if no interest be paid or acltnow- fedgmentin wri- ting in tlie mean- time. No arrears of dower recover- able after six years. Wo arrears of rent or interest to be recovered after six years. Limit.'ition of time for com- mencement of particular ac- tions. Actions of de- mise, cr bonds. &c. For damages. Othersotions, under one or more of such disabilities during the whole of such forty years, or although the term of ten years from the time at which he shall have ceased to be under any such disability, or have died, shall not have expired. 22. No action or suit or other proceeding shall be brought to recover any sum of money secured by any mortgage, judgment, or lien, or otherwise charged upon or paj'able out of any .land or rent, at law or in equity, or any legacy, but within twenty 3'ears next after a present right to receive the same shall have accrued to some person capable of giving a discharge for or release, of the same ; unless in the meantime some part of the principal money, or some interest thereon shall have been paid, or some acknowledgment of the right thereto shall have been given in writing, signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent ; and in such case no such action or suit or pro- ceeding shall be brought but within twenty j'ears after such payment or acknowledgment, or the last of such pay- ments or acknowledgments, if more than one was given. 23. No arrears ot dower nor any damages on account of such arrears shall be recovered or obtained by any action or suit for a longer period than six years next before the commencement of such action or suit. 24. No arrears of rent or of interest in respect of any sum of money charged upon or payable out of any land or rent, or in respect of any legacy, or of any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action or suit but within six years next after the same respectively shall have become due, or next after an acknowledgment of the same in writing shall have been given to the person enti- tled thereto, or his agent, signed by the person by whom the same was payable, or his agent. 25. All actions for rent upon an indenture of demise, all actions upon any bond or other specialty, and all actions of scire facias upon any recognizance, or actions for an escape, or for money levied on any execution, and all ac- tions for penalties, damages, or sums of money given to the party grieved, by any statute now or hereafter to be in force, shall be commenced and sued within the time and limitation hereinafter expressed, and not after': that is to say, the said actions for rent upon an indenture of demise, or upon any bond or other specialty, actions ot scirefacias upon recognizance before the seventh day of May, A. D. 1876, or within twenty years after the cause of such actions or suits, but not after ; the said actions by the party grieved, within two years after the cause ot such actions or suits, but not after; and the said other actions within TITLE XXIII.] LIMITATION OF ACTIONS. 565 six years after the ca\iso of such actions or suits, but not Chap. 100. after : provided that nothing herein contained shall extend Actions under to any action given by any statute where the time foi" Pt^'°"^mpted bringing such action is or shall be by any statute specially' limited. 26. If any person who is or shall be entitled to any Limitation in such action or suit, or £o such scire facias, is or shall be Sntcy, "ver-^' at the time of any such cause of action accrued within the^^J^"^*^'^*"^* age of twenty-one years, feme covert, non compos mentis, or out of the Province, then such person shall be at liberty to bring the same action, so as such person commences the same within such time after his or her coming to or being of full age, discovert, of sound memory, or returned to the Province, as other persons having no such impediment should according to the provisions of this Chapter have done ; and if any person against whom there shall be any such cause of action, is or shall be at the time such cause of action accrued, out of the Province, then the person entitled to any such cause of action shall be at liberty to bring the same against such person within such times as are before limited after the return of such person into the Province. 27. If any acknowledgment shall have been made eitiier written acknow- by writing signed by the party liable by virtue of such pa/^ent'."^"" indenture, specialtj', or recognizance, or his agei\t, or by part payment, or part satisfaction on account of any prin- cipal or interest being then due thereon, it shall and may be lawful for the person entitled to such action to bring his action for the money remaining unpaid, and so acknow- ledged to be due, Within twenty years after such an acknowledgment by writing or part pa3'ment or part satis- faction as aforesaid, or in case the person entitled to such action shall at the time of such acknowledgment be under such disability as aforesaid, or the party making such acknowledgment, be, at the time of making the same, out of the Province, then within twenty years after such dis- ability shall have ceased as aforesaid, or the party shall have returned into the Province, as the case may be ; and AcknowMg- the plaintiff in any such action on any indenture, specialty stated by way of or recognizance may, by way of replication, state such '^«'p''°*''™- acknowledgment, and that such action was brought within the time aforesaid in answer to a plea of this statute. 28. No claim which may be lawfully made at the com- certain daims mon law by custom, prescription or grant, to any way or "dewing ^^ ''^ other easement, or to any water-course, or the use of any ^^ll^^lSlt^' water to be enjoyed or derived upon, over or from any land morethantwen- or water of Our Lady the Queeu, her heirs or successors, or 'yy**"^" being the property of any ecclesiastical or lay person, or body corporate, when such way or other matter as herein 566 LIMITATION OP ACTIONS. [PART III. Chap. 100. Itist before mentioned shall have been actually enjoyed by ^any person claiming right thereto without interruption for the full period of twenty years, shall be defeated or des- troyed by showing only that such way or other matter was first enjoyed at any time prior to sucli period of twenty years ; but nevertheless such claim may be defeated in an}' other way by whjch the same is now liable to be defeated; indeteasibie if and where such way or other matter as herein last before ^'years"'^"^ " mentioned shall have been so enjoyed as aforesaid for the full period of forty years, the right thereto shall be deemed absolute and indefeasible, unless it shall appear that the same was enjoyed, by some consent or agreement expressly given, or made for that purpose by deed or writing. onight°e'?iroved ^^- When the access and use of light to and for any fortwentyyears dwelling-house, work-sliop, or other building shall have in eeasi e. ^jgg^ actually cnjoycd therewith for the full period of twenty years without interruption, the right thereto shall be deemed absolute and indefeasible, any local usage or Exception. custom to the Contrary notwithstanding ; unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by *'*^' deed or writing. Provided alwaj's, that this section shall not extend to the City of Halifax. ho^^icuiS'' ^^- ^^ch of the respective periods of years in the and what acts ' twcnty-eighth and twenty-ninth sections mentioned shall ter^uption to^ '"' bo decmcd and taken to be the period next before some prescnption. g^jj. qj, action wherciu the claim or matter to which such period may relate shall have been or shall be brought into question; and no act or other matter shall be deemed to be an interruption within the meaning of this Chapter, unless the same shall have been or shall be submitted to or acqui- esced in for one year after the party interrupted shall have had or shall have notice thereof, and of the person making or authorizing the same to be made. Ho presumption 3X. jn the Several cases mentioned and provided for in admissible on . . . r i • /-^i proof of enjoy- sectioHs twcuty-eight and twenty-nine of this Chapter, no period tharpre- presufflption shall bo allowed or made in favor or support scribedby ciiap- ^f g^^y ^laim, upou proof of the exercise or enjoyment of the right or matter claimed for any less period of time or number of years than for such period or number mentioned in said sections as may be applicable to the case and to the nature of the claim. wweh^pa'rtf 32. Tho time during which any person otherwise throug'hMan Capable of resisting any claim to any of the matters 4o.,nottobe 'in sectious twenty-eight and twenty-nine mentioned agiinrthim. shall have been or shall be an infant, idiot, non com- pos mentis, feme covert, or tenant for life, or during which any action or suit shall have been pending, and which shall have been dih'gently prosecuted, until abated by the TITLE XXIV.] WRIT OP DOWER. 567 death of any party or parties thereto, shall be excluded in Chap. 101. the computation ot the periods hereinbefore mentioned, except only in cases where the right or claim is hereby Exception, declared to be absolute and indefeasible. 33. When any land or water upon over or from Terms of years, 1 ■ 1 t "^ , ^ /» A *c., excluded wnicn any such way or watercourse or use ot water from comjuta- in the twenty-eighth section mentioned shall have been"™- or shall be enjoyed or derived, hath been or shall be held under or by virtue of any terra ot life or any term of years exceeding three years from the granting thereof, the time of the enjoyment of any such way or other matter as herein last before mentioned during the continuance of such terms shall be excluded in the computation of the said period of forty years in case the claim shall within three years next after the end or sooner determination of such term be resisted by any person entitled to any rever- sion expectant on the determination thereof. 34. No claim for lands or rent shall be made by Her cia,im»of Her Majesty, but within sixty j'ears after the right of action to to'lxty years'" recover such lands or rent shall have accrued. TITLE XXiy. OP CERTAIN PROCEEDINGS RELATING TO REAL PROPERTY. CHAPTER 101 OP THE WRIT OP DOWER. 1. When the heir or other person having the freehold whemiidow shall not, within one month next after demand made, assign dower"^ " to the widow her reasonable dower, she may sue for and recover the same by writ of dower. 2. The writ of dower shall be in the form in the Sche- ^'"■™ of writ of dule, number One, or to the like efiect. '^°^°'^' 3. Upon judgment being given for the widow, reason- Dimigesfor able damages shall be assigned to her from the time of the dower? "^ demand made. 4. The writ of seisin thereon shall be in the form in the ^9™°' writo Schedule, number Two, or to the like effect. °^'™" 5. The officer to whom the writ is directed shall cause """er.iio^ set the dower to be set off by five freeholders of the neighbor-"^' 5&8 WRIT OF 0OWEB. [PART III. Chap. lOl.bood, three of whom at least ahall concur, who shall be sworn before a justice of the peace, to set forth the same impartially, without favor or affection, and as conveniently as may be. Endowment, 6. Where HO division can be made by metes or bounds, indivisible. the widow shall be endowed in a special manner as of a third part of the rents or otherwise. wastenottob« 7. A Woman cndowed of lands sliall not Commit or suffer ^ffCTed*'^" waste thereon, but shall maintain the buildings with the fences and appurtenances in good repair, during her term.. SCHEDULE. No. 1. Writ of Dower. SS. Victoria, by the grace of God, &c. To the Sheriff of , Command A. B., of , in the said County, that he forthwith render to C. D., who was the wife of E. D., late of , deceased, her reasonable dower to which she claims to be entitled, of a certain messuage or tenement, with the appurtenances, in the possession of the said A, B., situate at , aforesaid, and described as follows : [describe the property with reasonable certainty,'] which was in the seisin and possession of her said husband E. D., and whereof he was seised in his demesne as of fee during the coverture, and whereof she has nothing (as she says) ; and the said C. D. complains that the said A. B, has deforced her thereof. And unless the said A. B. shall do so, then summon the said A, B. to appear in our Supreme Court at , within days after the service on him of this writ, then and then to shew cause why he does not render to the said C. D. her reasonable dower as aforesaid. Whereof fail not, and make due return of this writ into our said Supreme Court at . Issued this day of , A. D. 18 — . G. H., Prothonotary. J. K., Plaintiff's Attorney. No. 2. SS. Writ of Seisin. Victoria, by the grace of God, &c. To the Sheriff of the County of • Whereas C. D., widow, who was the wife of E.. D.,. lat© of , deceased, before our Justices of our Supreme TITLE XXIV.] WRIT OP DOWER. 569 Court at , on the day of , A. D. 18—, Chap. 101. did recover her seisin against A. B., of , of one- third part ot a certain messuage or tenement, with the appurtenances, in the possession of the said A. B., situate at , aforesaid, and described as follows : [describe the property with reasonable certainty,] as her dower of the endowment of the said E. D., her husband, by our writ of dowei", whereof she has nothing : Therefore we command you that you cause to be had without delay to the said C. D. full seisin of one-third part of the aforesaid messuage or tenement with the appurtenances, to hold to her in severalty by metes and bounds. We command you also, that of the goods or chattels of the said A. B. within your precinct, you cause to be paid and satisfied unto the said C. D., at the value thereof in money, the sura of for damages awarded her by our said Court for her being held and kept out of her dower, and for costs expended on this suit, with more for this writ ; and thereof also to satisfy yourself your own fees. And for want of goods or chattels of the said A. B. to be by him shewn unto you, or found within your precinct, to satisfy the same, we com- mand you to take his body and commit him to the keeper of our gaol in , in the County aforesaid, within the said prison : Whom we likewise command to receive the said A. B. and him safely to keep, until he pay unto the said C. D. the full siim above mentioned, and also satisfy your fees. Hereof fail not, and make return of this writ, and how you shall have executed the same, unto our said Supreme Court at , within days from the date hereof. Issued this day of , A. D. 18 — . G. H., Prothonotary. J. K., Plaintiff's Attorney. , Note. — Where no damages are awarded, the writ shall run only for seisin and costs of suit. 570 Chap. 102. PARTITION OP LANDS. CHAPTER 102. [part hi. OF THE PARTITION OP LANDS. Partition may be enforced. Proceedings to be commenced by petition to supreme court. Petition, by whom main- tained. Who may main- tain petition. Duration of par- tition as between tenants foryears. Contents of peti- tion. Amendments allowed at any stage. Petition to be filed, summons to issue and be served with copy of petition; rule to plead, &c. as If it were a de- claration. 1. All persons holding lands as joint tenants, coparce- ners or tenants in common, may be compelled to divide the same, either by writ of partition at the common law, or in the manner provided in this Chapter. 2. Any one or more of the persons so holding lands may apply, by petition to the Snpreme Court for the county where the lands lie, for a partition of the same ; and such Court may cause partition to be made accordingly ; and the shares of the petitioners shall be set off and assigned to them, and the residue of the premises shall remain for the persons entitled thereto, subject to a future partition among them if there is more than one person so entitled. 3. Such petition may be maintained by any person who has an estate in possession, but not by one who is entitled only to a remainder or reversion. 4. No tenant for any term of years, unless twenty years thereof 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 j'ears, either of them may have his share set off and divided from the othei's in the same manner as if they had all been tenants of the freehold. 5. Such partition between two or more tenants for years shall continue in force only so long as their estates endure, and shall not affect the premises when they revert to the respective landlords or reversioners. 6. Every petition for a partition shall set forth the rights and titles, so far as known to the petitioner, of all persons interested in the premises who would be bound by the partition, whether they have an estate of inheritance, or for life, or years, and whether it be an estate in posses- sion or in remainder or reversion, and whether vested or contingent; and if the petitioner holds an estate for life or years, the person entitled to the remainder or reversion after his estate shall be considered as one of the persons BO interested, and shall be entitled to notice accordingly. Such petition or any subsequent proceedings had thereon may be amended at any time upon such terms as the Court or a judge may impose. 7. The petition shall be filed in the same manner as a declaration ; and a summons to appear and answer thereto shall be signed by the Prothonotary ; and a copy thereof with a copy of such petition, accompanied by a rule to plead and the usual notices, shall be served on each of the TITLE XXIV.] PARTITION OP LAND3. 571 parties named in the petition as interested in the premises, Chap. 102. if they £.hall be found within the Province, the like number "" ' of days as required in ordinary writs. 8. If any of the persons so named as interested are Proceedings, absent from the Province, or if there are persons interested pan^esTrelb- in the premises, and who would be bound by the partition "ent. *»• whose names are unknown to the petitioner, the Court or a judge thereof shall order notice to be given to the persons interested who are so absent or unknown, by a publication of the petition or of the substance thereof, with the order of the Court or a judge thereon, in one or more newspapers to be designated in the order, or by delivering to such absent party an attested copy of the pevition and order, or in such other manner as such Court or judge shall consider to be most proper and effectual. 9. If any person entitled to notice shall fail to appear, J^here a party j.p, •' '^ . „ , , . .I- ' fails to appear, and it tlie service of the summons or other notice to him court may order shall appear to the Court to have been insufficient, the ^'"'"'" "'°'''*- Court or a judge may order such further notice as shall be thought proper. 10. If in any stage of the proceedings it shall appear ProoeediDgs to the Court that any person interested, whether named in ^f province^has the petition or not, is out of the Province, and has not had tanityofTpp^r- opportunity to appear and answer to the suit, it shall be ^^n- continued until suflSeient time has been allowed to enable him to appear and answer thereto. 11. The Court or a iudge may assign a guardian for ^""'i'^''? ™^y . -i-i.- i--i L J te appointed. the suit tor any 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. 12. Any person interested in the premises of which Defendants may .... ■ ^ L J i ii appear jointly 0» partition is prayed tor, may appear and answer to the separably: petition, and may plead either separately or jointly with to^be'as^inotiier any other defendants, any matter tending to show that the °"^'- petitioner ought not to have partition as prayed for, either in whole or in part ; and the replication and further plead- ings shall be conducted as in other actions until issue is joined, which shall be tried and determined as in other cases ; all such pleadings to be filed and served in the same way as the pleadings in declaration suits, and notices of trial to be given^in like manner. 13. If any person who is not named in the petition Replication shall appear and plead as a defendant, the petitioner niay righuoappra* reply that such person has no estate or interest in the lauds ai"3defendi8 . ^ -^ ., , . , ^ .... 1 ., ,.,. , contested. described in the petition, and may pray judgment if he shall be admitted to object to the petition ; and the peti- tioner may in the same replication plead over in answer to such plea any other matter in like manner as he might 572 PARTITION OP LANDS. [part III. Chap. 102, Proceedings thereon. Costs of trial, how regulated. Proceedings in cases of default ; rule for partition thereon. Commissioners appointed to make partition under rule. Petitioners may have shares set off jointly or separately. Commissioners, how sworn. Commissioners to gj re notice uf time and place of partU tion. Three commis- sioners to meet; acts of two valid. Partition, how effected where premises can- not well be di- vided. have done if he had not disputed the defendant's right to appear. 14. If upon any such replication it shall appear that the defendant has no estate or interest in the lands, the matter of his plea or objection shall be no further inquired of. 15. If upon the trial of any issue of law or of fact it shall appear that the petitioner is entitled to have partition as prayed for, he shall recover his costs of such trial against the party who objected thereto, and shall have execution therefor in the usual form ; but if such issue is- found or decided against him, in whole or in part, the adverse party shall recover against him the costs of the trial, and shall have execution accordingly; and judgment may notwithstanding be entered for the petitioner to have partition, and to have assigned to him such part of the premises, if any, as he shall be entitled to. 16. If the defendant shall make default, or if upon such trial it shall appear that the petitioner is entitled to have partition, whether 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 of granting new trials as in other cases. 17. When such rule shall have passed, the Court shall appoint three disinterested persons as commissioners, to make partition and to set off to the petitioners the shares belonging to them, which shall be expressed in the rule in that behalf. 18. If there are several petitioners they may have their shares set off together, or the share of each one may be set off in severalty, at their election. 19. The commissioners, before proceeding to the execu- tion of their duties, shall be sworn before any justice, faithfully and impartially to perform the same ; a certifi- cate of which oath shall be made on the warrant by the person who administered it. 20. The commissioners shall give sufficient notice of the time and place appointed for making the partition to all persons interested 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 per- formance of any of their duties ; but the acts of any two of them shall be valid. 22. When the premises of which partition is demanded are such as cannot be divided without damage to the own- ers, or when any specific part of the estate is of greater value tha.T either party's share, and cannot be divided with- out damage to the owners, the whole estate, or the part thereof so incapable of division may be set off to any one exclusive occu- pancy. TITLE XXIV.] PARTITION OP LANDS, 573 of the parties who will accept it, he paying or securing to Chap. 102. any one or more of the others, such sums of money as the commissioners shall award, to make the partition just and equal. But the partition in such case shall not be estab- lished by the Court until all the sums so awarded shall be paid to the parties entitled thereto, or secured to their satisfaction. 23. In the case mentioned in the preceding section, the same subject. commissioners instead of setting off the premises, or a part thereof, in the' manner therein provided, may assign the exclusive occupancy and enjoyment of the whole or, the part, as the case may be, to each of the parties alternately, for certain specified times, in proportion to their respec- tive interests therein. 24. When the whole or any specific part of the pre- Tenant. uaWe for i.,i "^ .ii'.i T- misconduct mises IS assigned in the manner provided lu the preceding wherehehasttie section, the person entitled for the time being to the ex- " ' ""' elusive occupancy, shall be liable to his co-tenants for any' injury to the premises occasioned by his misconduct, in like manner and to the like extent as a tenant for years under a common lease without express covenants would be to his landlord ; and the other tenants in common may have their remedy therefor against him bj' action on the case, either jointly or severally at their election. 25. Whilst any estate is in the exclusive occcupancy of liabilities in . , J 1 . i 1 r case of sole any co-tenant under such an assignment as before men- occupancy by tioned, he shall be entitled to the same remedy against any °"^^"„°''" person who shall trespass upon or otherwise injure the pre- mises 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 tliey 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 re- covered by any such tenants in common, by force of this or the preceding section, shall be apportioned and divided among them, according to their respective rights, by the court in which the judgment is recovered. 2 I. Where the lands to be divided are situate in differ- Proceedinire ent counties, the whole of such lands may be divided by S''dSiKn1f "* one proceeding under the authority of this Chapter ; and the "o^^t'es- application may be made in any one of the counties in which the lands to be divided are situate ; and where the lands lie in several counties, the Court shall appoint three commissioners in each county where such lands lie, to make partition of the lands lying within such county, or in the discretion of the Court, shall appoint three commis- sioners for all the lands to be divided, wheresoever situate. 574 PARTITION OF LANDS. [PART III. Chap. 102. 27. Commissioners appointed under this Chapter shall Commissioners' '" f"" cases make a return of their proceedings under their retm-nstobe hands, together with tlieir warrant, to the Court; and if Court, fliedand their proceedings are confirmed by the Court, judgment registered. gijall be thereupon rendered that the partition so made bo final; and the return shall then be filed, and a certified copy thereof be recorded in the registry of deeds in the county where the lands lie. Eeturnmaybe 28. The Oourt for auv sufficiout reasou showu may set newprooMdings aside thc retum and commit the case anew to the same or '**''• to other commissioners to be appointed, whereupon the same proceedings shall be had as above directed. Final judgment 29. The final judgment confirming and establishing the Sri"""'""'" partition shall be conclusive as to all rights, both ot pro- perty and possession, of all parties and privies to the judg- ment, including all persons who might by law have ap- peared and answered to the petition, except as is hereinafter provided. Part owner ab- 30. If any person who was a part owner with the peti- ^Sre m^ap°piy tiouers, and for whom a share is left upon the partition, witiiin ttiree should bc out of the Province when the summons or notice years tor new ,,.. , iiii, •• partition. to him 18 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, courtmay 31. If upou such an application, and after hearing of all ^rtltion".^" parties interested therein, it shall appear to the Court that the share left for the applicant was less than he was entitled to, or that the part left for him was not at the time of the partition equal in value to his share of the premises, the Court may order a new partition thereof, which shall be made in the manner before provided. Commissioners' 32. In such new partition the commissioners shall not new'partiMoii. be required to make a new division of the whole premises, but they may take from any one share or shares and add to any other or others so much as shall in their judgment be necessary to make the partition just and equal, estima- ting the whole as in the state in which it was when first divided ; or if an equal partition ot the lands cannot be made without inconvenience to the owners, the commis- sioners may award money to be paid by one party to another as before provided, to equalize the shares. Improvements, 33. If after the first partition, any improvement shall fn newpartltfon, have been made on any part of the premises, which, by the new partition, shall be taken from the share of the party who made the improvements, he shall be entitled to compensation therefor, to be estimated and awarded by the commissioners, and to be paid by the party to whom such part of the premises shall be assigned on the new TITLE XXIV.] PAETITION OP LANDS. 575 partition ; and tbe Court may order execution therefor in Chap. 102. the usual form. 34. If any person who has not appeared and answered ^af'™"^,^^' to the petition for partition, shall claim to hold in severalty claims to hold the premises therein mentioned, or any part thereof, he wStyfnot'^ shall not he concluded by the judgment for partition, but ^g"^°/''5'J"''s- may bring his action for the land claimed by him against any or all of the petitioners or defendants, or of the per- sons holding under them as the case may require, within the same time in which he might have brought it if no such judgment for partition had been rendered. 35. When any person who has not appeared and an.P«''s?niiotap- swered to the petition shall claim the share that was SiSlg share assigned to, or left for any of the supposed part owners in ^lfev!boun'dby the judgment for partition, he shall be concluded by the p'""*'''™- ""' ,Jo ^. ; .. ii"^- ""'y ^^^ action judgment so lar as it respects the partition and the assign- for share, ment of the shares, in like manner as if he had been a party to that suit ; but he shall not be prevented thereby from bringing his action for the share claimed by him against the person to whom it was assigned, or for whom it was left. 36. The action in such case shall be brought against Action in such the tenant in possession in like manner as if the plaintiff ^ITnst whom had originally claimed the specific piece of land demanded, ''™"^'"' instead of an undivided part of the whole land ; and it may be brought within the same time in which it might have been brought it no such judgment for partition had been rendered. 37. If two or more persons appear as defendants claim- Proceedings ing the same share ol the premises to be divided, it shall XnfciatasaSe not be necessary to decide upon their respective claims, ^^[■fionf™^ except only for the purpose of determining which of t'nem shall be admitted to appear and plead in the suit; and if partition is made, the share so claimed shall be left for whichever of the parties shall prove to be entitled to it, in a suit to be thereafter brought between themselves. 38. If in such a case it shall be decided in the original Defendant suit for partition, upon the replication of the petitioners ffdgmeJto™ or otherwise, that either of the defendants is not entitled gfTOn'^tpre- to the share that he claims, he shall be concluded by the fj^gl'^J^t'f judgment so far as it respects the partition and the assign- contesting right ment of the shares ; but he shall not be prevented thereby "' °*"" from bringing his action for the share claimed by him against the other claimant thereof, in the manner pro- vided in the three preceding sections. 39. If any person who has not appeared and answered not app'^riSg' as above shall claim any part of the premises mentioned ^as^nofknown in the petition, as a part owner with those who were parties or allowed, how -to that suit, or any of them, and if the part or share so petition jud^ ment. 576 PABTITION OP LANDS, [PART III. Chap. 102 Redress in such case, how and against whom obtained. fiiffhts of h.'ir or devisee where, after partition, it shall appear that ancestor or testator died bef jre par- tition. Remedy where party evicted by person hav- ini? paramount title. Lien by mort- gage, &o., how aifected by judg- ment. Suit not to abate for death -sf party. Expenses of commissioners to be allowed, and cosl» to be taxed, as in other oases. , claimed was not known or not allowed and left for him in the process for partition, he shall be concluded by the judgment so far as it respects the partition ; but he shall not be prevented thereby from bringing an action for the share or proportion claimed by him, against tjach of the persons who shall hold any part of the premises under the judgment for partition. 40. If the plaintiff shall prevail in the case last men- tioned, he shall not be entitled to demand a new partition of the whole premises, 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. 41. If after the making of partition it shall appear that any person for whom a sliare was left or to whom a share was assigned, had died before such partition was made, the heir or devisee of such deceased person shall not by reason of such heir or devisee having been a party to the suit, either as a petitioner or as a defendant, bo barred from claiming the share that belonged to the deceased person; but the heir or devisee in such case shall have the same rights and the same remedies in all respects as if such heir or devisee had not been a party to the suit, and had not notice of the pendency thereof. 42. If any person to, or for whom any share shall have been assigned or left upon any judgment for partition, shall be evicted thereof, by any person, who at the time of the partition, had a title thereto paramount to the title of those who were parties to the suit for partition, the person so evicted shall be entitled to a new partition of the residue, in like manner as if the former partition had not been made. 43. Any person having a mortgage, attachment, or other lien upon the share of any part owner, shall be con- cluded by the judgment, so far as it respects the partition and the assignment of the shares ; but his lien shall remain in full force upon the part that shall be assigned or left for such part owner. 44. In the case of the death of any party in a petition for partition, the suit need not abate, but may be conduct- ed and prosecuted to final judgment, under such rules and orders for bringing in the heirs or representatives of the deceased party, as the Court or judge may think proper, for making them parties to the suit, and regulating the proceedings accordingly. 45. The expenses and charges of the commissioners shall be ascertained and allowed by the Court, and all the other costs of the proceedings shall be taxed in the usual TITLE XXIV.3 PARTITION OP LANDS, 577 manner; and the whole shall be paid by the parties in pro- Chap. 102. portion to their respective shares or interests in the pre- " raises ; except only the cost ot atrial of any issue joined in the case, as to which a different provision is before made. 46. Every person holding any lands under a partition Titles under made by virtue of this Chapter shall be considered as hold- pariS, h°w ing them under an apparently good title, so that in case of""*"^®''®'*- eviction he shall be entitled to compensation for any im- provements made thereon, 47. All proceedings connected with the partition of Prooeedings, lands under this Chapter may be taken either at common betOTewhom^ law or in equity ; and all necessary rules and orders there- s^pt'o" ; ap- under may be granted by the Judge in Equity, by the Su- preme Court, or by a judge thtveof at chambers, except where the trial of an issue before a jury shall become necessary ; and ail orders required by this Chapter, to be made by the Court, may be made by a judge, subject to an appeal from any such order to the Court at its next sittings in the county. 48. Every order made in pursuance of this Chapter by orderofa a single judge, not sitting in open court, shall be liable to uabie^tobf^re- be rescinded or altered by the Court in like manner as aitoed^ ""^ other orders. 49. Whenever any real estate is sought to be divided, J^i"™ '"«''??: . , . n • 1 Ml ' tite IS sought either in a case or intestacy or under a will amongst the to be divided, , ■ ,..i J . 1 i.1 * A. i * ■ and heirs either parties entitled to snare therein, or among tenants in com- decUne toac- mon under the authority of the Supreme Court in proceed- po^'i^'^heiTOt, ings in partition, and such real estate or any part thereof "^ 5''? ™'^Pf'>'« ■ i i. u 1. II J- -J J u I. of doing so from owing to any cause cannot be actually divided by metes mmonts', Ac, and bounds without detriment and disadvantage to the Sdlr safe^at parties entitled thereto ; in case the heirs or other parties p"''""'^^''''™- interested in such division shall decline to accept such estate or portion thereof offered to them, or shall by absence, incapacity, or minority be prevented from accepting such estate or parcel thereof, the Judge in Equity or any other judge of the Supreme Court may order that such real estate or parcel thereof shall be sold at public auction on such notice and in Net proceeds such manner as such judge may direct, and the net pro- p™t?es''in'te™* ceeds of such sale shall be divisible among the parties ?'5'*- •11 ' 1 ij 1*1 1111 Judge may di- entitled to said estate. And such judge shall have power reotdeedtote to direct a deed thereof to be executed, by which the ingtitfe.' ^^"^' purchaser shall have all the title of the several heirs or parties represented in such proceedings or suit in parti- tion ; and the judge on such order may direct that such sale shall be made and the deed executed by the Sheriff of the county where the lands lie, who shall receive the sum of five dollars for making the sale, executing the deed, and paying over the money, in lieu of all poundage, 36 578 SALE OF LANDS UNDER FORECLOSURE. [PART IIL Chap. 103. CHAPTER 103. OF THE SALE OP LANDS UNDER FORECLOSURE OP MORTGAGE. In actions for money secured by mortgage, defendant may pay into court and have a re- coaveyance. Proceedings 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, the person having the right of" redemption, on appearing as defendant, may pay to the plaintiff or bring into Court the amount due with costs ; and thereupon the Court by a rule may compel the plaintiff to re-convey to such defendant the lanct-mortgpged, and deliver up all writings in his custody relating thereto. 2. In case such mortgagor, or any one of several of morrofmortga- such mortgagors, be an absent or absconding debtor, a b^M^taras'efoT declaration in ejectment or other process may be served absent debtors, upon the tenant, if any, in 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 absent or absconding ; and such service if made the usual time limited by law for service of process, shall be suffi- cient to give jurisdiction to the Court, and the plaintiff may proceed to final judgment and sale of the lands as hereinafter mentioned ; but before such declaration shall be served the same affidavit shall be made and filed in the office of the Prothonotary of the county where the decla- ration is returnable, as is necessary in ordinary cases of proceeding against absent or absconding debtors. 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. woticetobe 3. In case any persons beside the mortgagor are inte- pirt?ea*°an? Tosted in the lands who would require to be made defend- te^'dSdlSto'* ants, if proceedings were had in Chancery, then, in addi- tion to the service of process upon the defendant, or pro- ceedings in the second section mentioned where he is an absent or absconding debtor, a notice in writing shall be served on all such persons, their attorneys or agents, spe- cifying 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 Sale ef mort- gaged premises, TITLE XXIV.] SALE OP LANDS UNDER EXECUTION. 679 thereafter to be sold at public auction by the Sheriff of Chap. 104. the county wherein the lands lie. 5. In case thq defendant shall be an absent or abscond- Be-i»Mring ing debtor he shall be entitled to a re-hearing at any time defendant is an within three years after judgment ; and the plaintiff, upon ''''^®'" <'«"'*<"• obtaining a rule for the sale of the mortgaged lands, shall give security for the re-payment of the sums levied, if judgment should be reversed on such re-he^ring. 6. The deed shall be executed and delivered by the ?'»^'''''? '^«*'*' Sheriff to the purchaser, and shall bo taken as presumptive "' evidence of the requisitions of this Chapter having been complied with, and on being recorded in the books of registry for the county in which the lands lie, shall be sufficient to convey ail the estate and interest of the mortgagor in the lands therein described ; and the Court writ ot posses- may award a writ of possession upon judgment being had. "°° ""^y "™®- 7. The Sheriff shall, out of the proceeds of the sale, pay Proceeds of sale, to the plaintiff the sum due to him, and shall pay over the ''"'^ *''^"^''- residue, if any, to such person as the Court shall direct. 8. The Supreme Court shall have the same powers as Powers of sn- were possessed by the Court of Chancery in reference to the SdjSJt^iSSes" proceedings in such suits, and for the equitable adjustment of the rights of the different parties interested. 9. The powers hereby conferred upon the Court may one judge to be exercised by a single judge thereof, except where the ooilrtf"'^" **' trial of an issue before a jury may become necessary, Exception. subject to an appeal from any order of the judge to the Court at its next term in the county. CHAPTER 104. OP THE SALE OP LANDS UNDER EXECUTION. 1. Any judgment recovered in the Supreme Court shall Judgmenia bind the real estate of the debtor from the time such j„(jg. """"'"^ '»""'=■ ment shall be ' recorded in the books of registry for the county or district wherein such real estate is situate ; and Parttoi release. the release from a judgment of part of any lands or hereditaments charged therewith shall not affect the validity of the judgment as to the lands or hereditaments remaining unreleased, or as to any other property not speci- fically released, without prejudice nevertheless to the rights of all persons interested in the lands, hereditaments, or property remaining unreleased, and not concurring in or confirming the release : Provided that no lands shall be Proviao. 580 SALE OP LANDS UNDER EXECUTION. [PART ITL Chap. 104. Interest of mortgaKor may be levied on, &c. Bale under ex- ecution of mortgaged lands to place pur- ehaser in posi- tion of mort- gaj^or at time of judgment, &c. Certificate to be given by mortgagee to purchaser pay- ing off mort- gage. levied upon until one year after the registry of the judg- ment as aforesaid. 2. The interest of any mortgagor ot r^al estate may be seized or taken in execution, sold and conveyed in like manner as any other real estate may be seized or taken in execution, sold and conveyed. 3. The effect of such seizure or taking in execution, sale and conveyance of any such mortgaged lands and tenements shall oe to vest in the purchaser, his heirs and assigns, all the interest of the mortgagor therein at the time the judgment was recorded as well as at the time of such sale, and to vest in such purchaser, his heirs and assigns, the same rights as such mortgagor would have had if such sale had not taken place ; and the pur- chaser, hia heirs and assigns may pay, remove or satisfy any mortgage, charge or lien which at the time of record- ing the judgment existed upon the lands or tenements so sold in like manner as the mortgagor might have done ; and thereupon the purchaser, his heirs and assigns shall acquire the same estate, right and title as the mortgagor would have acquired in case the payment, removal or satisfaction had been effected by the mortgagor ; and on payment of the mortgage money to the mortgagee by the purchaser, his heirs, or assigns, the mortgagee, his heirs and assigns shall, if required, give to such purchaser, his heirs and assigns, at his or their charge, a certificate of payment or satisfaction of such mortgage, which certificate may be in the following form, that is to say : To the Registrar of the County of . I, A. B., of , do certify that G. D., ot , who has become the purchaser of the interest of E. F., of , has satisfied all money due upon a certain mortgage made by the said E. F. to me, [or as the case may 6e,] bearing date the day of , one thousand eight hundred and , and registered at , on the day of , in the year in Libro , Folio , and that such mortgage is therefore discharged. As witness my hand this day of , one thousand eight hun- dred and . (Sign«d) A. B. Witness, E. H. And such certificate shall be of the like effect, as a release executed by the mortgagee, or his representatives or assigns, to the mortgagor, his heirs, executors, adminis- trators or assigns. 4. Any mortgagee of lands and tenements so sold, or buy at such safe. j.jjQ jjQJyg QP assigns of suoh mortgagee, may be the pur chaser at such sale, and shall acquire the same estate interest and rights thereby as any other purchaser. Effect of certifl cate. Mortgagee ma' le. TITLE XXIV.] SALE OP^ANDS UNDER EXECUTION. 581 5. The interest of the party beneficially interested in Chap. 104. lands held in trust for him, may be taken in execution for interest of cesf^^t the payment of his debts in the same manner as if he were qt^^trustmay he seised or possessed of such lands. outio™ ^"^^^ 6. Execution as against lands may issue at any time Execution within SIX years from the signing of the judgment, with StoTi>agnS" out a scire facias or leave of the Court. 7. The plaintiff may order execution to be levied on piamtift may the whole or any portion of the real estate lying within pa^oTiIn^ln' any county or district where the judgment is registered """^'y- as provided in the first section. 8. Wh^re a judgment has been so registered for the After a year period of one year, and no levy has been made on the real judgment* estate bound thereby, any judgment creditor whose judg- ^^i"";^^' ment has been subsequently registered, may, by a written notice, require the prior judgment creditor to levy. on the real estate within three months. 9. If the prior judgment creditor shall not levy, the n no levy, prior party giving the notice shall acquire a preference over the preferenref^ judgment creditor to whom such notice has been given. 10. The Sheriff upon receiving such execution, shall. Lands to be at the expiration of the one year, levy on such lands with- ippST^nt"' out appraisement, and shall cause to be inserted for thirty J°.'J,'»'J™rtis8d 7 ■ T 11 1 I i-i t-i 1/-V thirty days in days next preceding the day of sale, in the Boyal Gazette Gazette, &c. newspaper, and also, except in the County of Halifax, in Any newspaper which may be published in the county or district wherein the lands are situate, an advertisement containing a description of the lands directed to be levie d Contents of ad- 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 there- to the names of the Sheriff and the attorney of the plaintiff. 11. The Sheriff, after causing copies of such advertise- Aft«rtwenty ment to be posted up in the most public places of the mTnt lyTaid." township or settlement wherein the lands He, for at least g^^ifl^if^ twenty days previous to the time appointed for the sale, higbestwdder. shall proceed to sell the same at public auction to the highest bidder. 12. If the defendant, by notice in writing delivered i>efendant may to the Sheriff at least ten days previously to the sale, any^partimlS"* require that certain portions of the land so advertised be^'soidtot'" first sold, the Sheriff shall cause the same to be first put up for sale, and if a sufficient sum shall be realized therefrom to satisfy the execution, interest and expenses, no other part of such lands shall be sold ; otherwise he shall proceed with the sale of the remainder. 13. The Sheriff shall deliver to the purchaser a deed sheriffs a^d. of such lands, which shall be sufficient to convey to the'*"®*^^"*- 582 TENANCIES, ETC. [PAET ni. Chap. 105, Presnmptive evidence of transfer of de- fendant's title. Furohaser shall become landlord of tenants. Surplus pro- ceeds of sale returned by sheriff, subject to order of court. Provision as to titles prior to 1341. purchaser all the interest of the defendant in the lands therein described subject to prior encumbrances. 14. The Sheriflf 8 deed shall be presumptive evidence of the defendant's title having been thereby conveyed to the purchaser^ 15. Where the lands so convoyed shall be in the pos- session of the tenants of the defendant, the purchaser shall become the landlord, and shall have the like rights and remedies against the tenants as the defendant would have had, and shall be entitled to all rents accruing after such purchase. 16. Where the sum realized by such sale shall b6 more than sufficient to satisfy the execution and necessary expenses attendant on such levy and sale and interest on the amount of the judgment from the date thereof; the surplus shall be retained by the Sheriff, to be paid to such person as may be directed by an order of the Supreme Court or any Judge thereof. 17. Titles to land made by any Sheriff previous to the tenth day of April, one thpusand eight hundred and forty- one, shall not be invalidated by any irregularity or defect in the proceedings prescribed by statute for the sale of real estate ; provided the party shall have been in posses- sion of the land one year at least before such date, and shall have paid the purchase money to the Sheriff. CHAPTER 105. OP TENANCIES AND OP FORCIBLE ENTRY AND DETAINER. Notice to quit, !• When any house or tenement is let by the year, whattobe suffi- tjjree mouths notice to quit, before the expiration of the year, and when by the month, one month's notice, and when by the week, one week's notice shdll be given to or by the tenant in possession ; and such notice shall be good^ though the day on which the tenancy terminates be not named therein. Warranto issued 2. In cases of wrougful and forcible entry into lands, bie entry and and in cases of Wrongful detainer, or withholding with force after possession demanded, and also when the lessee or sub-lessee shall illegally hold possession after the detef- mination of the lease and demand of possession, or when entry shall be made on lands or into houses or buildings, and the possession is withheld from the party entitled, for seven days after notice to leave and possession demanded, detainer, and party held to bail. TITLE XXIV.] ESCHEATING LANDS. 583 any two justices residing in the town or place wherein the Chap. 106. lands lie, on complaint on oath being made, may by war- rant cause the person so in possession to be arrested and detained in custody until he find security for his appear- ance to answer such complaint at the next term or sittings of the Supreme Court in the county, and to pay the costs of the jroceedings if adjudged against him ; and in case he shall not find security, the cause shall notwithstanding proceed, and such complaint and all proceedings before such justices shall be forthwith fyled by them in the Su- preme Court. 3. No such warrant shall issue where the party com- in what case plained of or the person under whom he claims has been nSsuer*^ in quiet possession for three years next before the filing of the complaint ; unless in cases of tenancy, where the same Exception. has terminated. 4. The plaintifi" shall fyle and serve his complaint, Complaint »o be t ' n ,ij ji -in-i 111 -1- r Bummanly brieily stated ; and the deiendant shall, within fourteen tried. days thereafter, fyle and serve notice of defence, briefly stated ; and the case shall be tried in a summary way in the names of the parties and as a civil suit ; and if the complaint is proved to the satisfaction of the Court a writ of possession shall issue, and the party complaining be put Possession, in possession of the land and premises within ten days there- given. aften The Court shall have power, at the same time, to f^"J^Xma es award damages for such forcible entry, and in case of a or order same tenant overholding, treble rent up to the time of the land- *"'■"""-"""•"' lord's acquiring possession, at the rate previously paid ; but the Court may, if they think fit, order that the cause shall be tried, or the rent or damages be assessed by a jury- to be assessed by jury. CHAPTER 106. OP ESCHEATING LANDS FORFEITED TO THE CROWN. 1. The Governor in Council may direct the Attorney inquests of General to file inquests of office in the Supreme Court of Jftemld7te!" any county where the lands lie, for revesting in the Crown lands that have been granted, but which shall have been forfeited to the Crown in whole or in part for non- fulfilment of the conditions in the grant. 2. A notice of the inquest, with a brief description of irotice of in- the lands therein, shall be published in the Bo^ai Gazette, Ify^^;^"^ at least twice, and posted up at the door of the court house, and in at least five other public places in the county, 584 ESCHEATING LANDS. [part III. Chap. 106. Penalty iu case tenant neglects to inform land- lord of notice, how recovered. Proceedings in case of non-ap- pearance. Costs, how paid, Proceedings in case of api)ear- ance and plea. Costs. Inquest may in elude several lots, but trials shall be sepa- rate. Where grank in- cludes several lots, &c., for- feiture of each, how incurred. Plea, nature of. Granting of es- cheated lands. during the period of three ruDnths before the commence- ment of the term ; and if any person be living on the lands, or in actual possession and cultivation of the same, or any part thereof, a copy of the notice shall also be delivered to him. 3. If any tenant shall wilfully neglect to give informa- tion of the notice to his landlord, in case he shall be with- in the Province, or to his known attorney, or agent, in case he shall be absent therefrom, he shall forfeit a sum not exceeding four hundred dollars, to be recovered by the party injured. 4. Upon proof of such notice, if there be no appear- ance and plea by a party who shall be entitled to traverse the inquest, the Court, upon hearing evidence which shall be taken in writing by the judge in the usual manner and filed with the Prothonotary, and being satisfied of the non- fulfilment of the conditions of the grant,, shall give judg- ment, re-vesting the lands in whole or in part in the Crown ; whereupon the usual costs shall be taxed, and being cer- tified by the judge, shall be paid out of the Provincial Treasury. 5. should such appearance and plea be put in, the cause shall be tried in the same way as other causes at common law : if judgment pass for the Crown, the defend- ant shall be liable for the usual costs ; and if the defend- ant succeed, his costs to be taxed in like manner and cer- tified by the judge, shall be paid by the Commissioner of Crown Lands. 6. Any number of lots within the county may be included in the same inquest, but the traverses and trials- shall be separate. 7. Where one grant includes several lots, or where under one grant separate allotments are subsequently assigned to grantees or their assigns, the liability to for- feiture of each lot shall depend upon the performance of the conditions in respect of that particular lot. 8. The plea traversing the inquest shall be confined to a simple denial of the liability to forfeiture under the terms of the grant, and of this Chapter ; and no other plea shall be allowed unless by special leave of a judge. 9. Land so escheated shall not be granted to any person except to the original owner, Ms heirs or assigns, before the expiration of one year from the date of the judgment. title xxiv.] distress for rent. 585 Chap. 107. CHAPTER 107. OP DISTRESS -POR EB;NT. / 1. Where any goods are distrained for rent reserved «w^^distrain- and due upon any lease or contract, and the tenant or praised and owner of the goods shall not within five days next after aaysIttono^J^ the distress taken, and notice thereof with the cause of ''j^^^^^""' >■»• taking served upon him, or left at the most conspicuous place on the premises charged with such rent, replevy the same with security to be given to the Sheriff; the landlord, with the Sheriff or his deputy or a constable, who are re- quired to aid therein, may cause the goods so distrained to bo appraised by two sworn appraisers. 2. After the appraisement the landlord shall sell the Goods to be sow, goods distrained for the best price to be gotten therefor, paid^surS to towards payment of the rent due and expenses incurred ; l^^ '" leaving the surplus, if any, in the hands of the oflScer for the owner's use. 3. Sheaves or cocks of grain, grain loose or in the °^''»™ =? *''.« , ,. , 11,1 •! straw, hay m a Straw, nay in a barn or upon a hovel, stack or nek, or upon bam, &c.,how 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 the nature of a distress, until the same shall be replevied upon security to be given as above; and in default of being replevied within the time above in that behalf specified, after appraisement made in like manner, be sold : but the same shall not be removed out of the place where found and seized by the distrainer, to the damage of the owner, before such sale. 4. Upon any pound-breach and rescue of goods dis- Eemedyincase trained for rent, the person aggrieved thereby may recover andresoue'^ his damages against the offender, or against the owner of s°<"^'^'''^™«''- 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 Eemedyincase T.. m/ */ t qJ j^ distresB for for rent, where none is in arrear, the owner of the goods rent, where distrained, his executors and administrators, may, by guit^°™«'^">»"'e»"^- 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. Where any distress shall be made for any kind of subsequent ir- rent justly due, and any irregularity or unlawful act shall torenderVs^ be afterwards done by the party distraining or by iiig tresa unlawful, agent, the distress itself shall not be therefore deemed to be unlawful, nor the party making it deemed a trespasser ab initio ; but the person aggrieved by such unlawful act or party ag^eved 686 DISTRESS FOR RENT, [part m. Chap. 107, ProTlflo. Gi)eds not liable to be re- moTed under execution till rent paid, but not to exceed one year's amount. Ac. Goods fraudu- lently removed to avoid distress may. unless pre- viously sold in good laith, be seized within twenty-one days. Bent reserved npon lease for life recovered as in other oases. Bent distrained for within six months after de- termination of lease in certain Executors. &c.. may distrain for rent due de- ceased, and in what cases. irregularity may recover full satisfaction for the special damage he shall have sustained thereby, and no more : Provided, nevertheless, that no tenant or lessee shall recover in any action tor any such unlawful act or irre- gularity as aforesaid, if tender of amends shall have been made by the person distraining or his agent before such action brought. 7. No goods being upon an}- messuage or tenement leased shall be liable to be taken by virtue of any execu- tion, unless the party at whose suit the execution is sued out shall before removal of such goods from off the pre- mises pay the landlord or his bailiff at least one year's rent thereof, if so much is in arrear and due ; and if the rent be not actually due then a rateable part thereof up to the levy of the execution. If the arrears exceed one year's rent of the premises, then upon payment to the landlord or his bailiff of one year's rent, the execution creditor may proceed to execute his judgment as in other cases; and the Sheriff, his deputy or other officer is required to levy and pay to the execution creditor, as well the money so paid for rent as the execution money. 8. In case any lessee of any messuage, lands or tene- ments, upon the demise whereof any rents are reserved, shall fraudulently or clandestinely convey from such demi- sed premises his goods, with intent to prevent the landlord distraining the same ; such landlord, by himself or his servants, may within twenty-one days then next ensuing such conveying away, seize such goods wherever found as a distress for such arrears of rent, and dispose of the same as if they had been distrained upon the premises, unless such goods shall have been sold in good faith and for a valuable consideration before such seizure, in which case they shall not be liable to a distress. 9. Rent in arrear and doe upon a lease for life or lives, may be recovered by action in the same way as if reserved upon a lease for j'ears. 10. Rent in arrear and due upon a lease for life or lives, or for years or at will, ended or determined, may be distrained for after such determination, in the same way as if such leases were not determined; if such distress be made within six months after such determination, during the continuance of the landlord's title or interest and during the possession of the tenant from whom such arrears are due. 11. Executors or administrators of a landlord may distrain upon lands demised for a term or at will, for rent due in his lifetime, and such rent may be distrained for after the determination of such term or lease at will, in the same manner as if such term or lease had not been TITLE XXV.] TRUSTS AND TRUSTEES. 587 ended or determined; bat the distress in such case must Chap. 108. 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. 12. A landlord or his bailiff may seize as a distress for catue.oom, /. • , 1 <. 1 • p T fruits, Ac, arrears ot rent any cattle or stock or his tenant leeding taken as distress. upon any common belonging to any part of the premises demised, and may also seize £^ll sorts of corn, grain, grass, hops, roots, fruits, pulse or other product growing on any part of the premises demised, as a distress tor 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. 13. In case there is no barn or proper place on the Buchaistress ~ • • , 1 ill ii how kept where premises tor receiving the same, then he may cause the nobam, &o., same to be placed in any barn or proper place to be pro- "p°° premises- cured as near as may be to the premises, and in convenient time shall appraise and dispose of the same towards satis- faction of the rents and the charges of such distress as in other cases. The appraisement shall be made after the crop is cut, cured, and gathered, and not before. 14. Notice of th*e place where the goods so distrained *°3JJ\°jP'*fi^ are deposited, shall within one week after their being when°and how so deposited, be given to the tenant or left at his last place ^"'™" of abode. TITLE XXY. OF PROVISIONS AS TO CERTAIN SPECIAL CASES. CHAPTER 108. OP TRUSTS AND TRUSTEES. 1. The several words hereinafter named are herein Definition of used and applied as follows respectively, that is to say : ""' The word " seised " shall be applicable to any vested seised. estate for life, or of a greater description, and shall extend to estates at law or in equity, in possession or in expect- ancy, in any lands. The word '• possessed'' shall be applicable to any vested Possessed. estate less than a life estate at law, or in equity, in posses- sion, or in expectancy, in any lands. The words " trust" and " trustee" shall extend to and '■^s*- include implied and constructive trusts, and shall extend ™ to and include cases where the trustee has some bene- ficial estate or interest in the subject of the trust. 588 TRUSTS AND TRUSTEES. [PART IH. Chap. 108. The terms "the Supreme Court,'' and " the Court," shall Supreme court, dean the Court of the Equity Judge, or the Judge in court, &c. Equity, or the Court or Judge exercising occasionally the lunctions of that Court, except when otherwise expressed or clearly indicated. constructi^ of All other words not hereinbefore defined, but herein- fined, after used, shall be construed, as nearly as may be, in the sense in which corresponding words are defined in the English " Trustee Act of 1850." taiS°oSf°* 2' Where any infant shall be seised or possessed of any may make lands upou any trust it shall be lawful for the Supreme Court to make an order vesting such lands in such person in such manner and for such estate as the Court shall direct ; and the order shall have the same efifect as if the infant trustee had been twenty-one years of age, and had duly executed a conveyance or assignment of the lands in the same manner and for the same estate. ^ *™i8d!ction ^' When any person solely seised or possessed of any court may make lands upon any trust, shall be out of the jurisdiction of the such order. Court, or Cannot be found, it shall be lawful for the Court to make an order vesting such 'and in such person in such manner and for such estate as the Court shall direct ; and the order shall have the same effect as if the trustee had duly execu"*™'*^^- a trustee, to serve him with the process of the Court, and that he cannot be found, it shall be lawful for the Court to hear and determine such cause, and to make an absolute decree therein against every person who shall appear to them to be only a trustap, and not otherwise concerned in interest in the matter in question, in the same manner as if such trustee had been duly served with process, and had appeared and filed his answer thereto, and had also appeared by his counsel and solicitor at the hearing of such cause : provided always that no such decree shall bind any pro™o. person against whom the same shall be made without ser- vice of process upon him, for or in respect of any estate or interest which such person shall have at the time of the making of such decree for his own use or benefit, or other- wise than as a trustee. 20. Any person shall have power to assign personal Assignment or property now by law assignable, including chattels real, ^rt™* ^'° directly to himself and another person or persons or cor- poration, by the like means as he might assign the same to another. 21. The honafide payment to, and the receipt by, any ^^^1^°^ person to whom any purchase or mortgage-money shall be mortgage payable, upon any express or implied trust, shall eflfect- """"^y- ually discharge the person paying the same from seeing to the application, or being answerable for the misapplication thereof; unless the contrary shall be expressly declared by the instrument creating the trust or security. 22. No trustee, executor, or administrator, making anv ^''^^°^f "»d" ,' 7'a/.j J ' o.' power of at- payment, or doing any act bona fide under or in pursuance tomey. of any power of attorney, shall be liable for the money so paid, or the act so done, by reason that the person who gave the power of attorney was dead at the time of such payment or act, or had done some act to avoid the power. Provided, that the fact of the death, or of the doing of such act at last aforesaid at the time of such payment or act bona fide done as aforesaid by such trustee, executor, or administrator, was not known to him : provided also that nothing herein contained shall in any manner affect or prejudice the right of any person entitled to the money 592 TRUSTS AND TRUSTEES. [part III. Chap. Distribution of assets by execu- tor or adminis- trator. 108. against the person to whom such payment shall have been made, but that such person so entitled shall have the same remedy against sucii person to whom such payment shall be made as he would have had against the trustee, ex- ecutor, or administrator, if the money had not been paid away under such power of attorney. 23. Where an executor or administrator shall have given such or the like notices, as in the opinion of the court in which such executor or administrator is sought to be charged, would have been sufiScient in the Court of Probate, for creditors and others to send in to the executor or administrator their claims against the estate of the testator or intestate, such executor or administrator shall, at the expiration of the time named in the said notices, or the last of the said notices for setjding in such claims, be at liberty to distribute the assets of the testator or intes- tate, or any part thereof, amongst the parties entitled there- to, having regard to the claims of which such executor or administrator has then notice, and shall not be liable for the assets, or any part thereof, so distributed to any person of whose claim such executor or administrator shall not have had notice at the time of distribution of the said assets or a part thereof, as the case may be ; but nothing in this Chapter contained shall prejudice the right of any creditor or claimant to follow the assets, or any part there- of, into the hands of the person or persons who may have received the same respectively. Liability of trus-, 24. Every deed, will, or other instrument creatine: a i«es limiteu to , .* ' ',.,., in -i moneys actually trust either expressly or by implication, shall, without pre- receive . judice to the clauses actually contained therein, be deemed to contain a clause in the words or to the effect following, that is to say : " That the trustees or trustee for the time being, of the said deed, will, or other instrunxent shall be respectively chargeable only for such moneys, stocks, funds, and securities as they shall respectively actually receive, notwithstanding their respectively signing any receipt for the sake of conformity, and shall be answerable and accountable only for their own acts, receipts, neglects or defaults, and not for those of each other ; nor for any bank, banker, broker, or other person with whom any trust moneys or securities may be deposited ; nor for the insuf- ficiency or deficiency of any stocks, funds, or securities, nor for any other loss, unless the same shall happen through their own wilful default respectively; and a^so that it may be lawful for the trustees or trustee for the time being of the said deed, will, or other instrument, to reimburse them- selves or himself, or pay or discharge out of the trust premises all expenses incurred in or about the execution of the trusts or powers of the said deed, will, or other instrument." TITLE XXV.] TEUSTS AND TRUSTEES. 593 25. Under an order to bo obtained from the Court of Chap. 108. Equity upon grounds laid to the satisfaction of the Court, irogtees. guar- it shall be lawful for trustees, guardians, and others stand- ^^^ 'a^e'rela"'' ing in a fiduciary relation, to mortgage real estate or por- estate for i-e- tions thereof for the purpose of putting,, keeping and^"™' maintaining the same in proper repair. And mortgages so made shall operate as securities to the holders in the same way and to the same extent as if made by the parties whose interests are represented by the mortgagors. Pro- court may, ap- vided that the Court shall have power to apportion the to repairs!'^* charge for repairs, including interest on the sum borrowed, to and among the parties interested in the property, as may be just and equitable. 26. When any person shall, under this Chapter, apply °°^ppi'^jJioD to a master in the first instance, and adduce evidence for may order the obtaining a certificate as foundation for an order, the mas- cation'ordismiss ter may order service of such application on any person, ^'*^'"'^''- or dismiss it, and direct the costs of any person conse- quent thereon, when taxed by a judge, to be paid by the applicant; and all orders of a master under this Chapter orders, how en- shall be enforced by execution when directed by a judge. 27. The Court may order the costs and expenses of, court may order dt .' . ,A .•<• 1 J- i.. costs to be paid relating to the petitions, orders, directions, convey- out of proceeds ances, and assignments, to be made in pursuance of this "' '°'°'*^" Chapter, or any of them, to be paid and raised out of, or from the lands or the rents or produce thereof, in respect of which the same respectively shall be made, or in such manner as the Court shall think proper. 28. Upon any petition, under this Chapter, to the Court, court may post- it shall be lawful for the Court to postpone making any ?i^M°ofpeu- ' order upon such petition until the right of the petitioner inTsm%*°^'^'' shall have been declared in a suit duly. instituted for that purpose. 29. In cases where real estate has been, or shall here- Appointment of „. , j-iiT !.• 2.1. I X new trustees tor after be, conveyed in trust tor erecting thereon houses tor church lands, public worship, or dwelling or other houses or buildings menri3p?ov^' intended for the accommodation of ministers of the Gospel '^^'^ ''"■• or clergymen officiating or engaged to officiate for any church or congregation of Christians, and the mode of appointing new or other trustees than the grantees is pro- vided for in the deed of conveyance creating such trust, or otherwise in writing ; when a vacancy shall occur by reason of the death, removal, resignation or displacement of any trustee, it shall not be held necessary that the remaining or surviving trustee or trustees, if any, shall make or shall have made any deed or conveyance to the newly appointed trustee, in order to invest him with the estate, functions, trusts and powers of the original trustees under such deed or declaration of trust or instrument in 37 594 TRUSTS AND TRUSTEES. [PART III. Chap, 108. writing creating such trust and directing the appointment of future or succeeding trustees ; but such newly-appointed trustee shall thereupon, without deed or other convej^ance, be seised in fee or other estate to the uses and trusts created, as fully and completely as were the original gran- tees: Provided that the terms or conditions for such appoint- ment are duly complied with. wiiere appoint- 39. Whenever the mode of appointing new or other ment not provi- , -iip-ii-i dedtor. trustces than the grantees is not provided tor in the deed of conveyance creating such trust or otherwise in writ- ing, — when a vacancy shall occur by reason of the death, removal, resignation or displacement of any trustee, — it shall be lawful for the members of the church or congre- gation for whose use or in trust for whom the said property was conveyed, from time to time, as occasion shall require — at any meeting convened after public notice thereof from the pulpit of the church for two consecutive Sundays pre- ceding such meeting or by printed notices posted in one or more conspicious places in and about the house of pub- lic worship ot such church or congregation for such two preceding Sundays, which published or printed notices shall state the place and hour of such meeting and the object for which the same is convened, — bj' any resolution passed by npt less than two-thirds of the members present, at such meeting to appoint one or more trustees in place of any trustee or trustees dying, removing, resigning or being displaced as aforesaid, in whom the trusts and powers of the original trustees under such deed or decla- ration of trust or instrument in writing containing such trust shall immediately vest, and who shall thereupon become seised in fee or other estate to the uses and trusts, as were the original grantees under the deed; provided alwaj's that a copy of such resolution, verified under the oath, before a justice of the peace, of the pastor or clerk for the time being of such church or congrega- tion, shall be filed with the Clerk of the Peace for the county where such real estate is situate within one month after the passing of such resolution. In default of the filing of such resolution, all acts done thereunder, and all estates created thereby, shall determine and be void and of none effect. TITLE XXV.] ARBITRATION, 595 Chap. 109. CHAPTER 109. OF ARBITRATION. 1. The power of arbitrators, appointed under a rule or Power "tarw- ,.. ^ ^ . . ,j-t-. 7 111 trators, when submission containing an agreement tnat it should be irrevocable : made a rule of the Supreme Court, shall be irrevocable, {arg^^^^f™ lanless the Court or a judge shall otherwise order ; and the *'^'"'''- Court or a judge may enlarge the time for making an award thereunder. 2. In any case referred to arbitration, whether by rule •^"™'**"'^^j,°' of court or otherwise, the arbitrators shall have power to entoroad.' issue subpoenas for the attendance of witnesses before them at any time or place therein named; and any person on Punishment for whom any such subpoena shall have been served, and who Bitpffin ™°^ "* shall have been tendered such fees for travel and attend- ance aa aVe fixed by law for witnesses in the Supreme Court, shall be liable, in case of disobedience of such sub- poena, to the same punishment and liabilities as if the said subpoena had issued from the Supreme Court for the at- tendance of the witness at a trial therein. 3. No person shall be compelled to produce, under ^•'-y J™*'""??"*;. rule or order, any writing or document that he would not ness need not be compelled to produce at a trial, nor to attend on more twrdaysT^"**" than two consecutive days, 4. Arbitrators so appointed may administer oaths to ^^^'/^^taeS the witnesses. 5. When arbitrators are appointed under a submission JusticMmay not containing any agreement that it shall be made a rule when arwtriior of court, any justice of the peace may administer oaths to Snderruieof the witnesses in the presence of one or more of the arbi- '^°'"■''• trators. 6. If it be made to appear, at any time after the issuing Power of court of the writ, to the satisfaction of the Court or a judge, appUcation!"to upon the application of either party, that the matter in tion'^betoreTriai. dispute consists wholly or in part of matters of mere ac- count which cannot conveniently be tried in the ordinary way, it shall be lawful for such Court or judge, upon such application, if they or he think fit, to decide such matter in a summary manner, or to order that such matter either wholly or in part, be referred to an arbitrator or arbitra- tors appointed by the parties, upon such terms as to costs and otherwise, as such Court or judge shall think reason- able ; and the decision or order of such Court or judge, or the award or certificate of such referee, shall be enforce- able by the same process as the finding of a jury upon the matter referred : and in case the parties or either of 596 ARBITRATION. [PART III. Chap. 109. them shall not, within the time specified in the order, appoint arbitrators, it shall be lawful for the Court or a judge to appoint one or more arbitrators, to whom the cause shall be referred. SDeciai case may 7. If it shall appear to the Court or a judge that the question o£\ct allowance or disallowance of any particular item or items *"^'*" in such account depends upon a question of law fit to be decided by the Court, or upon a question of fact fit to be decided by a jury, or by a judge, upon the consent of both , parties, as hereinbefore provided, it shall be lawful for such Court or judge to direct a case to be stated, or an issue or issues to be tried ; and the decision of the Court upon such case, and the finding of the jury or judge upon such issue or issues, shall be taken and acted upon by the arbitrator as the case may be, as conclusive. Arbitrator may 8. It shall be lawful for the arbitrator, upon any com- state special -, n i ai • ni i / case. pulsory reterence under this Chapter, or upon any reference by consent of parties where the submission is or may be made a rule or order of the Court, if he shall think fit and if it is not provided to the contrary, to state his award, as to the whole or any part thereof, in the form of a special case for the opinion of the Court ; and when an action is referred, judgment, if so ordered, may be entered accord- ing to the opinion of the Court. Power of judge 9. If upon the trial of any issue of fact by a judge t?ation°at*ti'me Under this Chapter, it shall appear to the judge that the fs'sue'^ Ta'iueft questions arising thereon involve matter of account which to his decision, cannot Conveniently be tried before him, it shall be lawful for him, on the application of either party, to order that such matter of account be referred to an arbitrator ap- pointed by the parties, upon such terms, as to costs and otherwise, as such judge shall think reasonable ; and the award or certificate of such referee shall have the same effect as hereinbefore provided as to the award or certifi- cate of a referee before trial ; and it shall be competent for the judge to proceed to try and dispose of any other matters in question, not referred, in like manner as if no reference had been made. Proceedings be- 10. The proceedings upon any such arbitration or ofMbitrawrT^' reference as aforesaid shall, except as otherwise directed hereby, or by the submission or document authorizing the reference, be conducted in like manner, and subject to the same rules and enactments, as to the power of the arbitra- tor and of the Court, the attendance of witnesses, the pro- duction of documents, enforcing or setting aside the award, and otherwise, as upon a reference made by con- sent under a rule of court or judge's order. Powerof Judge n. la case of any such arbitration or reference as matters for re. aforesaid the Court or a judge shall have power at any TITLE XXV.] ARBITRATION. 597 time, and from time to time, to remit the matters referred, Chap. 109. or any or either of them, to the re-consideration and re- consideration to determination of the said arbitrator or referee, upon such arbitrator. terms, as to costs and otherwise, as to such Court or judge may seem proper. 12. All applications to set aside any award made on a Application to compulsory reference under this Chapter, shall and maybe ^^ ^" ^"^^ ' made to the Court or a judge within one month next fol- lowing the publication of the award to the parties, whether made in vacation or term ; and it no such application is made, or it no rule is granted thereon, or if any rule granted thereon is afterwards discharged, such award shall be final between the parties. 13. Any award made on a compulsory reference under Enforcing of this Chapter may, by authority of a judge, on such terms pCT?odfOT8e^ as to him may seem reasonable, be enforced at any time '"■='''®'"''^"'®' after seven days from the time of publication, notwith- standing that the time for moving to set it aside has not elapsed. 14. Where a rule nisi is obtained to set aside an award, objections to the several objections thereto intended to be insisted on at Se'd in rnie the time of moving to make such rule absolute shall be ""'■ stated in the rule to show cause. 15. Whenever the parties to any deed or instrument in it action com^ writing to be hereafter made or executed, or any of them, ^^nTattZan^ shall agree that an}' then existing or future differences arwtrXo^*" between them or any of them shall be referred to arbitra- court or judge tion, and any one or more of the parties so agreeing, or Teeli^l^""' any person or persons claiming through or under him or them, shall nevertheless commence any action against the other party or parties, or any of them, or against any person or persons claiming through or under him or them in respect of the matters so agreed to be referred, or any of them, it shall be lawful for the Court in which the action or suit is brought, or a judge thereof, on application by the defendant or defendants, or any of them, before appearance and defence or answer, upon being satisfied that no sufficient reason exists why such matters cannot be or ought not to be referred to arbitration according to such agreement as aforesaid, and that the defendant was at the time of the bringing of such action or suit, and still is, ready and willing to joih and concur in all acts neces- sary and proper for causing such matters so to be decided by arbitration, lo make a rule or order staying all proceed- ings in such action or suit, on such terms, as to costs and otherwise, as to such Court or judge may seem fit : pro- vided always that any such rule or order may at any time afterwards be discharged or varied as justice may require. 598 ARBITRATION. [PART III. Chap. 109. 16. If in any case of arbitration, the document autho- on failure of fizing the reference provide that the reference shall be to parties to ap- a single arbitrator, and all the parties do not, after dif- pomt, the jadge ,. '' 7 • • i.u • t. t. v mayappointan ferences havo arisen, concur in the appointment oi an pIre!'orthiHr arbitrator; or if any appointed arbitrator refuse to act, or arbitrator. become incapable of acting, or die, and the terms of such document do not show that it was intended that such vacancy should not be supplied, and the parties do not concur in appointing a new one ; or if, where the parties or two arbitrators are at liberty to appoint an umpire or third arbitrator, such parties or arbitrators do not appoint an umpire or third arbitrator j or if any appointed umpire or third arbitrator refuse to act, or become incapable of acting, or die, and the terms of the document authorizing the reference do not show that it was intended that such a vacancy should not be supplied, and the parties or arbitra- tors respectively do not appoint a new one ; then in every such instance any party may serve the remaining parties or the arbitrators, [as the case may he,'] with a written notice to appoint an arbitrator, umpire or third arbitrator respec- tively ; and if, within seven clear days after such notice shall have been served, no arbitrator, umpire or third arbitrator be appointed, it shall be lawful for the Court or a judge, upon the application of the party having served such notice as aforesaid, to appoint an arbitrator, umpire or third arbitrator, [as the case may he,] and such arbitrator, umpire and third arbitrator respectively shall have the like power to act in the reference, and make an award as ^ if he had been appointed by consent of all parties. when:referen(;« 17. When the reference is or is intended to be to two trators!°and'one arbitrators, oue appointed by each party, it shall be lawful point, the' other ^^"^ either party, in case of the death, refusal to act, or party may ap- incapacity of auy arbitrator appointed by him, to substi- toact alone. tute a DOW arbitrator, unless the document authorizing the reference show that it was intended that the vacancy should not be supplied ; and if, on such a reference, one party fail to appoint an arbitrator, either originally or by way of substitution as aforesaid, for seven clear days after the other party shall have appointed an arbitrator, aud shall have served the party so failing to appoint with notice in writing to make the appointment, the party who has appointed an arbitrator may appoint such arbitrator to act as sole arbitrator in the reference, and an award made by him shall be binding on both parties as if the appoint- Proviso. ment had been by consent ; provided, however, that the Court or a judge may revoke such appointment on such terms as shall seem just. i^to twoMW™ l^" W^^^H t'^^ reference is to two arbitrators^ and the trators.theymay terms of the document authorizing it do not show that it TITLE XXV.] ARBITRATION. 599 was intended that there should not be an umpire, or pro- Chap. 109. vide otherwise for the appointment of an umpire, the two appoint an um- arbitrators may appoint an umpire at any time within the p™- period during which they have power to make an award ; unless they be called upon by notice as aforesaid to make the appointment sooner. 19. The arbitrator acting under any such document or Award to be compulsory order of reference as aforesaid, or under any Sonths" unTess order referring the award back, shall make his award un- Pnf*'ge°thr"'^ der his hand, and unless such document or order respec- time- tively shall contain a different limit of time, within three months after he shall have been appointed, and shall have entered on the reference, or shall have been called upon to act by a notice in writing from any party; but the parties or their attorneys may, by consent in writing, enlarge the term for making the award : and it shall be lawful for the Court, of which such submission, document, or order is or may be made a rule or order, or for any judge thereof, for good cause to be stated in the rule or order for enlarge- ment, from time to time to enlarge the term for making the award ; and if no period be stated for the enlargement in such consent or order for enlargement, it shall be deemed an enlargement for one month; and in any case where an umpire shall have been appointed, it shall be lawful for him to enter on the reference in lieu of the arbitrators, if the latter shall have allowed their time or their extended time to expire without making any award, or shall h^ve delivered to any party or to the umpire a notice in writing stating that they cannot agree. 20. When any award made on anv such submission, Euie to deUver •t , 1 i /» r" * J T i. ii i. possession of document, or order of reference as aforesaid, directs that land, pursuant possession of any lands or tenements capable of being the eSforced'as'a^ subiect of an action of eiectment, shall be delivered to Jviif ^ent in any party, either forthwith or at any future time, or that any such party is entitled to the possession of any such lands or tenements, it shall be lawful for the Court or a judge to order any party to the reference who shall be in possession of any such lands or tenements, or any person in possession of the same claiming under, or put in posses- sion by him since the making of the document authorizing the reference, to deliver possession of the same to the party entitled thereto, pursuant to the award ; and such rule or order to deliver possession shall have the effect of a judgment in ejectment against every such party or person named in it ; and execution may issue, and possession shall be delivered by the Sheriff as on a judgment in eject- ment. 21. Every agreement or submission to arbitration by submission im consent, whether by deed or instrument in writing not ^deTu'ie'S''^ 600 PAETNERSHIPS. [part III. Chap. 110. undei* seal, may be made a rule of court on the application of any party thereto ; unless such agreement or submis- sion contain words purporting that the parties intend that it shall not be made a rule of court. 22. Where a submission has been made a rule of the Supreme Court, the Court may enforce obedience to any award duly made under such submission by directing a judgment to be entered or execution to issue for the amount thereof with costs, or otherwise to carry into effect such award. 23. The judge taxing the costs of any cause referred under this Chapter shall allow such fees to the arbitrators making the award as he may think reasonable. court, uDless a contrary inten- tion appear. Obedience to an award, how en- forced. Pees to arbitra- tors to be allow- ed on taxation of costs. CHAPTER 110. OF PARTNEBSHIPS. COMPTJLSORY ABB X T E A T I O N S . When co-part- nership termi- nated, proceed- ings in supreme court. Copy of petition, &c., to be served. Court may order arbitrators. Court ma^ ap- point arbitrators where parties neglect. Arbitrators shall appoint a "third person. Arbitrators to be sworn : form of oath. 1. In cases of partnership where two partners only are concerned, 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 issTie against the partner complained of in the usual manner. 2. A copy of the petition shall be served on the partner complained of at the time of the service of the summons. ' 3. On the return of the summons, if it shall be shewn to the Court that the partnership consisted of two persons only ; the Court shall by rule direct each partner to select one fit person as an arbitrator between them, 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. 6. The arbitrators before commencing such examina- tion shall make before a judge or commissioner the follow- ing affidavit, which shall be filed in the Prothonotary's office. TITLE XXV.] PARTNERSHIPS. 601 We, A. B., C. D., and E. F., do hereby solemnly swear Chap. 110. honestly and fairly to settle the partnership accounts and dealings of G. H. and J. L. to the best of our knowledge and ability. Sworn at — before me this day of 18 — . G. H., J. P. A. B. CD. E. F. 7. The arbitrators shall then order the production of Mode of pro- all books, papers and accounts, relative to the partnership tratorsV^" ' dealings, and shall appoint such times and places as may °''"'^'*' appear expedient for the investigation of the partnership dealings and the examination of the partners and their witnesses. If either of the partners after due notice shall fail to attend, the arbitrators shall proceed ex parte. 8. Witnesses shall be summoned to attend before the Power to enforce .... . 1 ..T -IP t ' r attendance of arbitrators by subpoena in the usual form, and it upon witnesses. being duly summoned they shall neglect to attend and give evidence, they shall be liable to the same penalties as witnesses are subject to who neglect to attend the Supreme Court on subpoena ; and the Supreme Court on application to them for that purpose shall enforce the same. 9. The arbitrators shall examine the partners and their Parties and - . ii J. 1 T • • i J 1 /• j_i Witnesses to be witnesses upon oath to be adrainisterea by any one of the examined; arbitrators, and shall make an award in favor of such ^^e'l'jSdg- party as they or two of « them shall find justly entitled ™™^'^°w8°- thereto, which shall be filed in the Prothonotary's office ; and judgment shall be entered for the amount thereof with or without costs, as directed by the arbitrators in their award, at the next term, if no sufficient objection be made thereto. 10. Execution may be issued on such judgment in the Execution to iisual course, and the arbitrators or any two of them shall expeiis^ftrom have power to direct the costs of the proceedings, includ-J^^",.^^^^'"''" ing reasonable compensation for their services to be taxed and allowed by the Court, to be paid- by either of the partners, and in such manner as the arbitrators or any two of them shall direct; and the Court shall enforce such payment by attachment or otherwise. 11. Neither of the partners shall after such adiudica- J"&b Assessments, County 111,112,121 Municipalities 307 Animals AND Birds, Presekvation OF. See Pirds and Animals 340 AIVUUAI^S, CERTAIN COUWO AT I^ARGE. 337 (-attle and horses infected, regulations concerning 337 Dogs, geese, swine, &c., regulations concerning 337 Penalties for breach of regulations afSxed , 337 Where no property, defendant may be imprisoned 338 Animals, Certain, Preservation OP. See Birds and Animals 340 AWIMAIiS, IWOXIOUS, DESTRUCTION OF 343 Bears, sessions may offer rewards for kUling 343 Loupcerviers, rewards for killing may be offered 343 Wildcats, sessions may offer rewards for killing 343 Wolves, bounty for killing paid out of treasury 343 justices duty on application for bounty 343 persons applying for bounty, proceedings by 343 Animals, Rabid. See Pabid Animals. 162 Annapolis EivBR Bridge. See Streets, Commissioners of 268 Answer OP Dependant. See Equity, P-ocedure in 521-2 Answers TO Interrogatories. See Witnesses and Evidence 538 Appeal Causes. See Costs and Fees 615 Supreme Court, Pleadings, 8fc., 456-7,484 Apparent Possession. See BiCh of Sale, Secret, Sfc 377 Appeals. See Assessments, County 122 Bastard Children, Sfc 20O Birds and Animals, Sfc. 341 Costs and Fees 615 Crovm Property, Trespasses to 94 Equity, Procedure in 534r-5 Fences, Fence Vieioers, i;c 137-8 Intoxicating Liquors, ^c 348 Justices, Jurisdiction of 418-9,424^5 Mines and Minerals 33,35-7-3-9,46 Poor, Settlement and Support of 191,194 Probate CouH,8fC 407-8 P'ublie Pecords 96 Statutes, P-omulgation, Si'C 4 Supreme Court, Pleadings, &c 442,481 Appearance. See Absent or Absconding Debtors 551-2 Lands, Partition of 571 Supreme Court, Pleadings, ^c ...454-5,463,490,510 Applications POR License, &c. See Mines and Minerals 39,40-1 Appointment. See WHk of Real and Personal Estate 366 GENERAL INDEX. 635 PAGE. Appointments. See Statutes, Promulgatim, ^c 4,5 Appraisement. Fences, Fence Vtewei-s, ^c 136 Probate CauH 398 JRent, Distress for 585 AppBAisEas. See Costs and Fees 613,620 Probate Court 396 Moods, Certain Great, Sfc. , 243 Other than Certain Ctreat, ^c ,. ....<. 246-7 Appbehbnsion OF Lunatics. See Lunatics, Custo^, ^c 206-8 Apprentices. See Sighwaj/s, Coasting on '. 338 Mastebs, AND Servants. See Masters, ^c , 387 Apprenticeship. See Guardians and Wards 387 ARBITRA.XI01W. 595 Account, matters of referred to arbitration 595, 596 Action begun by one party after all have agreed to arbitrate, how stayed, &c. 597 Application for reference of matters of account 595,596,597 to set aside award, to be made within month 597 if not made or granted, award final 597 Arbitrators, appointed by court in default of parties 695, 598 one party, when to act alone 598 award of may be in form of special case for opinion of court, &c. 596 certain may swear witnesses 595 fees to, allowed on taxation of costs 600 maj' reconsider matters when remitted by court or judge 596 power of, when irrevocable 595 proceedings before on reference at trial, same as on reference by consent 596 production of documents before 595 reference of cause to by court on application of party 595 matter of account by judge at trial 596 single, how appointed by court in certain cases 598 time for making award of, how extended 595,599 up award of 599 to act upon decision of court or finding of jury on matter 596 umpire to act on default of in certain cases 599 when to appoint umpire 598 witnesses before, when sworn by justices 595 must attend as in supreme court 595 need not attend over two days..... 595 Award, application to set aside, how and when made 597 arbitrators' fees on, how allowed 600 as to land, enforceable as judgment in ejectment 599 how enforceable in certain cases 595,596 soon enforceable .' 597 may be remitted to arbitrators for reconsideration 596 stated as a special case for court 596 obedience to, how enforced in certain cases 600 objections to, to be stated in rule wisj. 597 of arbitrator, appointed by court 598 ex parte 598 time for making extended, how 595,599 when to be final... 597 within what time to be made 599 Costs, arbitrators' fees allowed on taxation of 600 Court, arbitrator may state award as case for opinion of 596 decision of on case stated final 596 may enforce any award under agreement or submission made rule of ,.. 600 or judge, application to to set aside award must be within month after publication 597 may appoint arbitrator, &c., in default of parties 596, 698 single arbitrator in certain cases of default.. . 598 direct casBfto be stated or issue tried 596 enlarge time for making award 599 636 GENEIIAL INDEX. PAG-E ARBITRATIOIW—Continued. Court, or judge, may order delivery of land under award 599 remit matters to arbitrators for reconsideration 597 revoke ex ^arte appointment 698 stay proceedings in certain actions 597 upon application before trial decide matter in summary way or order reference to arbitration 595 , order of as to land same as judgment in ejectment 599 written submission made rule of on application 599 Default to appoint arbitrators providedfor 598,599 Documents, production of regulated ' 595 Enforcing of award 597 Execution issued on order of court or judge to deliver land 599 Fees allowed to arbitrators on taxation of costs 600 Judge may at trial refer matter of account to arbitration 596 to allow arbitrators' fees on taxation 600 J ostice, when to swear witnesses before arbitrators 595 Lands, award as to how enforced 599 Power of arbitrators irrevocable, where rule or submission is to be a rule of court; exception 595 Questions of law or fact left to court, judge or jury 596 Rule TO«i to state objections to award 597 Special case stated by arbitrator for opinion of court 596 decision on how made, effect of ,...696 Stay of proceedings granted in certain actions 597 Submission in writing how made rule of court ; exception 599 where made rule, award enforced by court 600 Time for making award fixed 599 how extended, &c 599 Umpire appointed by arbitrators, how and when 598 Witnesses, attendance of , how enforced 595,696 need not attend more than two days consecutively 595 when sworn by arbitrators 595 justices before arbitrators 595 Abbitbation. &ee Corporations, General Provisions, Sfc 276-7 Mines and Minerals 25,40 Compulsory. 86& Partnerships 600 Abbiteatobs. Si&6 Arbitration 595, sqq Costs and Fees 614 Mines and Minerals 25-6-7 PaHnerships 600,601 Abeas. Bw Mines and Minerals 23-4-8-9,39,40-1-3-4 Sdbmabinb. See Mines, Segulation of. 81 Aegument. See Sup-erne Court, Pleadings,^c 442,478-9,480 Abebst. Sese Justices, Jurisdiction of 415-6,424 Supreme Court, Pleadings, Sfc. 448 Assault AND Battbet. See Limitation of Actions 560 Assembly, Dubation op and Repbbsentation in. See General Assembly, Dura- tion, Src 9 Assessment OP Damages. See Absent, Src, Debtors 551 Supreme Court, Pleadings, ^c 455 Rolls. See Assessments, County 114sqq Assessments. See Common Fields 241 Coroners 107 Fires and Firewards 326-7 Highway Labor , 253 Municipalities 302 Poor, Settlement and Support of 194 Public Instruction 177 to 181 Sewers, Dyhe, and Marsh Lands 231-2 ASSESSME1«T8, COUMTY 110 Amercements ; appointment of assessors, &c., in cases of, by sessions 112 supreme court 120 for certain purposes, inade on neglect of grand jury Ill GENERAL INDEX. 637 ASSESSMEMTS, COV'WTY— Continued. Amercements ; order by supreme court and proceedings thereunder 121 penalty on officer for neglect of du^ in respect of 121 power of supreme court, to name officer, on refusal, &c 121 Appeals ; how to be made and mode of prosecuting 122 not to delay collection of assessment on appellant 122 treasurer to repay money ordered to be returned 1 22 Assessment roll ; assessors to sign and certify ; form of certificate, &c 115 completion of by assessors, time limited for 115 county and poor rates to be made from, and how 115 error in name on, how to be corrected 125 forwarded to clerk of peace and posted, &c. 115 furnished to clerks of poor districts 116 lands of non-residents, how designated, &c. 114, 115 property to be estimated at its actual cash value 115 rules for guidance of assessors in making up 114 time within which to be made, &c 114 valuation in case of coal mining companies, &c. how made 126 what particulars it shall contain 116 when retm-ned in the case of non-residents 118 to be proceeded with, when vacancy supplied 113 where property assessable ; notice to be given, &c. 125 whole amount not paid by district 123 Assessors; appointment of, how made, and notified 112 duties of, as respects incorporated companies, &c 1 25 mining and joint stock companies 126 form of oath to be taken by, and how to be sworn 126, 130 how to value property liable to taxation 115 justice refusing to swear into office, penalty on 125 local and general assessors 124 meeting in electoral district, notice how given 124 penalty on for neglect or refusal to act, &c 113, 125 rules for guidance of, in making up roll 114 time for making, completing, certifying roll, &c 114,116 to forward roll to clerk of peace US poor district 116 post certified copy of roll 115 return statement of time, compensation, &c 112 vacancies in office, how supplied, filled, &c 112, 126 valuation of resident agent, to be adopted by 126 time for delivery of 126 Certiorari; how obtained and when allowed 123 Clerk of Peace ; assessors and collectors, to be notified by 112 roll to be forwarded to 115 county rate, to be made out by 115 roll to be delivered to collectors 116 duty of, on amercement by supreme court 121 penalty for neglect of, &c 121 meeting, &c., of local assessors, notice to be given by 124 returns of taxable property to be made by 124 to enforce penalties, fine for neglect, &c .^ 123 Valuation by ' resident agent ' subject to appeal by 126 Coal mining companies ; assessment of , how to be made, &c. 126 sworn statement of value to be made 126 term " resident agent " defined 1 26 valuation to be adopted by assessors 126 Collectors ; appointment of, how made, notified, &c. 112 clerk of peace to deliver roll of county rates 116 poor district to deliver roll of poor rates Il6 commission, rate of to be fixed by sessions 120 duties of, defined, and penalty for neglect of 116,120 when owner known 116 non-resident 116- 638 GENERAL INBEX. ASSESSMENTS, COUSifTY— Continued. G&llectors; duties of, when owner unknown II7 taxes unpaid - ng warrant issued, &c. 119,120 levy of warrants by, &c II7 of poor rates, how chosen and their remuneration llg public notice of sale, Ac, to be given by II7 purchaser's right of entry upon lands II7 return of names of defaulters, to be made by II9 treasurer to receive moneys from, &c 117,119 warrant, general, when to be issued II9 special, how to be obtained 121 to be returned, when unable to collect 118 Constables ; duty of on issue of warrant , 120 fees on execution of warrant Hg general or special warrant directed to 1 1 9 " County;" definition of term in chapter 123 "Court of sessions" and "grand jury;" words defined 123 Deceased persons, estates of liable for rates, &c 124 Exemptions : City of Halifax to what extent exempt 123 ships, &c., in course of construction, how far exempt 125 what other property exempt from taxation 113 Forfeitures and penalties ; on assessor refusing to act, &c 118 collector, refusing to act, &c 120 other officers, refusing to act, &c 121 proceedings for collection of , &c 122 to be enforced by clerk of peace 123 Fornjs of assessor's or collector's, roll, warrant, &c 127 to 130 Grand jjiry ; definition of words 123 presentment for general purposes by HI local and special purposes HI ito nominate assessors and collectors 110 county treasurer 110 ^treasurer's account to be laid before, &c 121 when refuse to present, sessions may amerce Ill Halifax, City of, exempt from chapter in certain cases 123 , Joint stock companies, regulations concerning 125,126 Justices ; certificate of, where no property, &c. 117 in case of non-residents, to issue warrant, &c ...116 what cases to issue warrants, &c 119,121 petition of rate-payers to be certified by Ill travelling expenses, &e-, how to be paid 123 Jjimljtsiion of actions : must b» brought within six months 1 23 •not to be brought when rate quashed 125 BfoiHreMdents ; assessment ,on lands of, how made, &c 114, 115 collector to transmit statement, &c 116 county treasurer: to pay over poor rates, &c. 119 record lands, taxes, &c 118 form of assessment roll for lands of 127 justices to certify, where no property, &c 117 levy of warrants, how to be made, &c 117 purchaser's right to enter and remove 117 aale-under warrant, notice to be given of 117 «i»rplns moneys to be paidrto treasurer, &c 117,119 •warrants against lands of, when to issue, &C. 118 'Overseer «£ -works, Ac. ; account to be rendered by to sessions, and when 122 compensation to be ordered to 122 penalty for neglect of duty 122 iPdll tax; hoiw levied and in what proportion 113 iPoQr rates : assessors to furmish poor clerks with copy of roll 116 eflUectors of, how chosen and when ..., 116 remuneration, how awarded to 116 Imxw made up from assessors' roll 115 reill of, to be .delivered ±0 the coUectois ...,,. .„. 116 GENERAL INDEX. 639 PAGE. ASSESSMEWTS, COVIWTY— Continned. Presentments ; for general purposes Ill local and special purposes Ill Property; definition of terms 113 what, liable to taxation 113 Resident agent ; definition of term, duty of, &c 126 Sessions; appeal to, when and ho'^T prosecuted, &c 122 appointment of assessors and collectors by 112 county treasxirer by 110 assessors compensation, confirmed by 112 court of, definition of term 123 distribution of assessment, power relative to Ill fix time for audit, &c., of treasurer's account 122 *« power to amerce, county in what cases 112 presentments of grand jury confirmed by Ill shall order compensation to overseers, &c. 1 22 special, may fill vacancies, &c 110 supreme court, on neglect of, may amerce 120 warrant awarded to sheriff by, i&c. 118 Sheriff; duty of when sale ordered under warrant 118,120 Ships, (fee, in course of construction, how far exempt 125 Treasurer, County : accounts of to be prepared annually and audited 12i appointment of, annual, and how made 121 deputy by, to act in certain cases 110 bond to be given by on appointment, &c. 110 duration of office of, and vacancy how supplied 110 moneys to be paid out and received by 121 repaid by, when ordered on appeal 122 record of unpaid taxes of non-residents, to be kept by 118 surplus moneys, how disposed of, and paid, &c 117,119 to pay taxes on lands of non-residents to overseers of poor 1 19 Warrants ; collector's or constable's duty, on issue of 120 form of general warrant of distress 129 general or special, how issued and obtained 119,121 lands of non-residents, when to issue against, X:, &c.— Continued. Registrar's duties in filing, &c., of bills of sale fees for services under chapter BIRI>S AND ANUHAIiS, PRESERVATIOM OF Appeal to supreme court ; how heard and decided Birds of song; penalty for killing, &c Bond to be given by appellant Caribou ; between what periods may be killed export of hides of prohibited flesh to be carried out of woods when hides, about to be exported, may be seized if not claimed may be sold proceeds of sale of how appropriated how many may be killed in one season penalty for violating provisions of law traps or snares not to be set for Fur, animals valuable for, when may be killed Hares ; between what periods snares may be set for penalty for snaring at improper times Minks ; between what periods may be killed may be caught for breeding purposes at any time when so caught to be personal property Moose ; between what periods may be killed export of hides of, prohibited flesh of, when to be carried out of woods hides, about to be exported may be seized ^... if not claimed, when may be sold proceeds of sale of how appropriated how many may be killed in one season orders for preservation of, sessions to make penalties for violating provisions of law traps and snares for, may be destroyed not to be set for MusquMh ; between what periods may be killed Otter ; between what periods may be killed Partridge ; between what periods may be killed fine for killing, &c., at improper times Penalties, imposed, and mode of recovery of Pheasants ; destruction of, prohibited, s. See Sastard Children, Mamtenance of .., 198, sqq Deeds, $c., Registry of , 361 Elections, Controverted 13 Equity, Procedure in 532,535 Chkardians and Wards 387 Immigrants... 356 Intoxicating Liguors, ^c 345-6-8,353-4 LimAation of Actions.. , 564 I/unatics, Custody, ^c, of 208 Marriage, Solemnization of. 379 Mines and Minerais \ 22,34,41 Officers, Incorporated Sureties for 284 Probate Court 397-9,407-8-9,413 Prothonotary 106 Public Officers, Certain, ^c 97 Moods, Expenditure of Moneys on 249 Sheriffs 103-4-5 Statutes, Promulgation, -^c 5 Bail. See Justices, Jurisdiction 424 Supreme Court, Pleadings, ^c 448, 474-5, 515 SoNKiiES. See Firearms and Firezmrks 331 Books. See Deeds, J^c, Hegistry of . 861,364 Public Instruction 163,175 Border Sections. See Public Instruction 174,186 BouNDAKiES. See Comm,on Fields 240 Confirmed. See Boundaries of Counties, i^c 100 Townships, Certain Cownty, ^c 131 BOUNDARIES OF COUNTIES, DISTRICTS AlVD TO^'N- SHIPS 100 Boundaries confirmed, as at present established 100 Governor, to order stirvey, when lines, &c., uncertain 100 Line decided by award of majority of nominees 100 Nominees, expense of to be a county charge 100 ■sessions to nominate, Ac 100 Notice of survey to be given to custos 100 Survey, cost of, and how made 100 Boys. See Mines, Regulation of 60,61 Brands or Animals. See Common Fields 240 Breaking Roads IN Winter. See Highway Labor 256 Breakwaters. See ExpendUv^e of Moneys on Roads 252 Bribery. Elections, Corrupt Practices at 10,11,12 Bridges. Highway Labor 255 Roads, Preservation of 260 Streets, Commissioners of 268 BRIDGES, AND PUBLIC I^AJVBiNCiS 269 Control of certain, vested in sessions 269 Draws authorized to be made in, on presentment 270 Orders for preservation of, &c., how made 269 Penalties may be affixed for breach of orders 269 Sessions, powers of relative to 269 British Ship, Register op. See Witnesses and Evidence 543 Building Materials. Streets, Commissioners of 266 Buildings. Fires and Firewards 325,328 Religious Congregations, ^c 143-4 CouNTT. Jails, ^e 130 Bureau of AGRictrLiuRE. Farmers' Clubs 228-9 Bttrning Woods AND Marshes. Woods and Marshes 332 Btb-Laws, See Corporations, General Provisions, ^e , 273-4 Joint Stock Companies 280-1 644 GENERAL INDEX. Bte-LAWS. PAsir. Librmy Assaciatiom, ^e. m-if Lunccttcs, Custody, ^c , 2ia Municipalities 296,304 Public Markets 324 Public Property 318 Religious Congreqatuyns, Sfc. 145 Statutes, Promuigation, Jfo 4 c. Canada, Legislation of not contravened. Capias. See Immigrants 357 Joint Stock Companies 282 Juries 436 Liberty of Subject 558 Partnerships 605 Probate Court 410 Railroads, Sfc 273 Witnesses and Evidence 549 415-6,420-1-3 448-9,507 See Justices, Jurisdiction of Supreme Court, Pleadings, S^c Cabibou. Strds and Animals, Srp Cabbiagbs. See Roads, Preservation of ....... Case, Action ON. See Limitation of Actmis Cash. See Roads, Expenditure of Moneys on Casual and Tbrbitobial Kevenub. 'See Revenue, Casual, 8fc Cattle. See E^nt, Distress for GtTABDS. See Railroads, Sfc HOKSES, &c. See Animals, Certain going, S^c Impounding or. See Fences, Fence Vieioers,^c..., CATTliE IWFECTED _; regulations concerning going at large. sessions may affix penalties for when no property, defendant imprisoned Cattle, Stb AT. See Horses and Cattle, Stray Cause op Action. See Equity, Procedure Causes. See Supreme Court, Pleadings, 4iC Cellass. See Nuisances Centbal Boaed op Ageiculturb. See Agriculture, Encouragement of 221 sqq. . 340, 341 260 559, 560 252 19 587 27^3 337 136 337 337 338 336 524 453, 471-6-6-8 161 Cebtipicatb op Conviction, DiSCHABGE. See Witnesses and Evidence,... Bills of Sale, Secret, 8fc Master. See Trusts and Trustees Registeae op Deeds. See Witnesses and Evidence.. Ceetipic ATE8. See Deeds, Sfc, Registry of. Lands, Sale ofwnmr Execution. Lunatics, Custody and Estates of ...... Medicine and Surgery. Ceetioeael See Assessments County Into-xicatiug Liquors, Si'C. Sewers, Dyke, and Marsh Lands Suvreme Court, Pleadings, i^c, in Cestui QUE Tbust. See Lands, Sale of under Execution Chainmbn. See Crown Lands Challenge. Juries , Chambers. Supreme Court, Pleadings, ^o. Chanceby. Equity, Procedu/re Probate Court Chabacter op Witness. See Witnesses and Evidence Chabtees. See Corporations, General Provisions, ^c Check Wbigheb. See Mines, Regulation Chiep Constable. Townships, certain County, ^c. .,.,.. Justice. Supreme Court and its Oncers Childhen. See Descent of Real and Personal Estate „. Intoxicating Liquors, Sfc. ..... 547 377 690 545 363 580 209, 213 164 123 348, 354 238 453 581 85 435 , 441-2, 467, 480 521 406 646 275 62 134-5 391 873-4 349 GENERAL INDEX. 645 PAG^. Chilbbbn. See Poor, Settlement and Suppmi of 190-1 Bastabd, Maintenance OP. See Bastard Children, &e. 198 Chimneys AND 'Chimney Sweepers. Fires and Firewards 327-8 Choses IN Action. See Supreme Court, Pleadings, ^e 501-2 Christmas Day. See Statutes, Promulgativn, ^o f Supreme Court, Pleadings, 8(C. 482 CHURCH OF El«Gr,AMl> 139 Churcliwardeiis and vestry ; annual election of , when 139 by whom to be chosen 139 constituted body corporate 139 duty and powers of 139 meetings, when and how called 140 power of to abate assessment, &c 140 vacancy on refusal to act, how filled ....'.. 140 Glebe lands ; how to be leased or sold, &c. 141 License 7 bishop may grant to foreign clergymen, when 141 not to be refused without cause shewn /. 139 Licensed clergymen only to officiate 139 Parishes already established, to remain 139 new, how allotted, divided, &c 139 Parishioners ; of whom to consist, their powers, i&c. 140 when money granted, how assessed 140 Chubch Of Englanb. See Religious Congregations and Societies 146 Pbopebty. Trusts and Trustees 593-4 Circuits. See Supreme Court, Pleadings, l^c. 444 to 447 Citations. Probate Court 399, 403, sqq Civil Jurisdiction OE Justices. See Justices, Jurisdiction of 414' City oe Halifax. See Halifax Gity. Public Instruction 186 to 189 Clergymen. See Marriage, Solemnization of 379, sqq Religious Corwregations, ^c 144 Clbrk. Batristers and Attorneys 437-8-9 Seivers, Dyhe and Marsh Lands 230-4-8 Streets, Commissioners of 265 OP Council. See Municipalities...'. 294-6-6 Crown. Prothonotary 106 Supreme Cnstables. See Assessments, County 119,120 Costs and Fees 614,621-2 Justices, Jurisdiction of ■ 416-6-8,420-2-3 Hailroads, Provisions Respecting 272 Townships, Certain County, ^c. 132-3 COXSTABl.ES, PROTECTIOSr OF 608 Action against constable, FX:ES— Continued. Proctors and adyocates, in probate court 620 Prothonotary, in declaration causes, &c. 611 svimmary, sub-summary and appeal causes 61 2 Provincial Secretary's' office 610 Eegistrar of Deeds 623 divorce court 618 probate 619 Kent, distress for 623 Sheriff, &c., in probate court 620 in supreme court 613 on sale of laud in equity 617 Supreme court 611 Witnesses, in justices' court 621 supreme " 613 Witnesses, fees must be tendered to, &c 621 Council. See Municipalities * 289,294,301-3 CouNcrLLOES, County. See Municipalities 289 to 296 Legislative. See Legislative Councillors 7 Township. Municipalities 312-3-4 CoimsEL. See Costs and Fees 616 Supreme CouH, Pleadings, ^c. 470-7-9, 490-5-6, 503 Counties, Divided. See Juries 427 Townships, &c., Boundaries OP. See JBov,ndaries, Src 100 Countey Causes. See Equity Procedure 521-6-7 County. See Municipalities ' 288-9 AND Township Officers. See Townships, ^c 131 Assessments. See Assessments, County HO Charges. See Animals, Noxious, Destruction of 343 Assessments, County 112 Boards of Health, etc 158-9 Boundaries of Counties, etc 100 Coroners 107 Public Grounds, Supervisors of 322 Soads, other than certain Great 248 Statutes, Promulgation, etc 4 Treasurer. Assessments, County 110-1-8-9, 120-1-2-3 Juries 434 Totimships, certain County, etct 135 Court. See Arbitration 595, sqq Trusts and Trustees 588 AND Judges. See I/ibeiiy of Subject 556 FOR Divorce and Matrimonial Causes. See Costs and Fees 617 or Pkobate. See Probate Court, and Procedure thei-ein 395 Lands, Sale of under Foreclosure 578-9 SuPKEME AND ITS OFFICERS. See Supreme Court and its Officers 391 Pleadings and Peactice in. See Supreme Court, Pleadings, etc 441 Coverture. See Limitation of Actions 563-.5-6 Cbeditors. See Married Women, Protection of 385 Wills of Peal and Personal Estate 367 Creditors, Frauds ON BT Bills OP Sale. See Silk of Sale, etc 376 Crier. Costs and Fees 614 Crime OR Interest. See Witnesses and Evidence 545 C^ossisaa. , See Railroads. Provisions respecting 271 Cbown, Clerk OP. See Clerk of Crown 106 Crown Land Office. Costs and Fees 623 CROWW 1,A1%»S 84 PART I. Agricultural improvement ; application for lots for, how to be made 84 must be accompanied by affidavit.... 86 lots, how surveyed, marked, and reserved 85 price and subdivision of 86 GENEBATi INDEX. 651 PAGE. CRO^VM I.A1«]>S— Continued. Agricultural improvement ; lots, quantity to be granted limited 86 roads may be laid out by order of commis- sioner 86 road work taken in part payment for land 86 Balances due by applicants ; time for payment of , &c 87 Chainmen to be sworn by deputy surveyors 85 Commissioner ; official title of 84 Deputy siu-veyors J appointment of by governor in council 84 bond given by to commissioner 84 commission to be received by 84 county plan to be supplied to, &c 84 duties to be performed by 84 fees for plans, searches, &c 84 instructions to be furnished to 84 quarterly accounts, how rendered 84 to be attested to ; 84 township lines may be traced by 85 Forms of Bonds, &c. See Schedules 88 to 90 Governor in council may decide questions of occupancy 85 Grants, in what cases may be declared void 85 Lumbering purposes; applications for lands for, and survey thereon 85 extent of grant limited to 2000 acres 86 price to be paid by grantee of such lands 86 Notice to quit to be given by commissioner 87 Penalty for cutting trees on ungranted land 86 Possession ; arrest of party refusing, after notice 87 bond how given, and case how tried, &c 87, 88 costs to be taxed by successful party 88 court, after judgment may order 88 judgment, record of to be made, form of 88, 89 other legal remedies not abridged 88 under sixty years, provision respecting 86 Purchase of, application for how to be made 85 Purchaser not to enter until passage of grant 85 Schedules to chapter — bond — record — writ of possession 88 to 90 PART n. Fbee Gbants AND Homesteads 90 Appropriation of land to actual settlers 90 Grant free, form of, and when to issue •••. ..91,92 Land liable for rates and taxes ... .••. .-.• 92 Locatee ; definition of term. .... ...- .••• .... 90 extent of grant, and age at which granted 90 f orf eitiu-e of location, when to take place 91 power of , to alienate or encumber land 91 preliminary affidavit, where deposited 90 prior debt, land not liable for, &c 92 widow to inherit, in case of death of 91 Gkown Lands, ^ea Agricultural, 8fc., Corporcdions 227 Immigrants 356 Mines and MineraU 46 Revenue, Casual, etc 20 Crown, Lands FonrEiTED to. Escheat op. See Escheating Lands, etc 583 CRO^VIW PROPEItTY ; TRESPASSES TO 92 Action f 01 trespasses to crown property when to be brought 95 Appeal from justices ; proceedings under . 94 Chapter not to conflict with that on mines and minerals • 95 Condemnation, form of sentence, &c 93 Duties and powers of sheriff, surveyor, &c 93 Forms, schedule of • • • • • • • • 95 Gross proceeds ; disposal of, after sale 93 No person to. cut wood, &c., without license 92 penalty therefor „ 92 652 GENERAL INDEX. PAGE. CROIVST PROPERTY, &c.— Continued. Penalty for obstructing offlcera, &c 94 Privileges of persons impleaded, &c 94 Proceedings, after seizure 93 ■where parties are known ; form, &c 93,95 unknown, form, &c 93,95 Proceeds of sale of trees, &c., to wliom paid 95 Prosecution to be in name of Queen 92 Sheriffs and surveyors, to protect property 92 Trees, &c., illegally cut, may be seized and sold 95 When property sold does not piy expenses 94 Ckusher. See Mines and Minerals 31 Custody AND Estates OF Lunatics. See Lunatics, Ckistody, etc 206 OF Plans, &c. See Townships, certain County, etc , 132 CusTOS ; appointed by Governor in Council 101 to appoint clerk of peace 101 See Gustos and Clerk of Peace \01 D. Damages. See Dower, Writ of . 567 Forcible Entry and Detainer 583 Justices, Protection of 607-8 Mines unci Minerals 25-6-7,30,46 Railroads, Provisions Respecting, 273 Roads, Certain Great, etc 244 other than certain Cfreat 246-8 Sewers, Dyked and Marsh Lands 233-7 Supreme Court, Pleadings, etc. 455,481-5,499 Various other chapters. Damages BY Cattle. See Fences, Fence Viewers, etc 136-8 Day, WOBKING. See Highway Labor 254 Days, how computed. &e& Supreme Court, Pleadings, etc 482 Death, IN Ejectment. " " " 493 to 495 OTHER Actions. " " " 459 to 461 Partition. Lands, Partition of. 576 OF Trustees. Trusts and Trustees 589 OB Absence. Sheriffs 104 Debt. See LAmitation of Actions.... •■ , 559 Debtors, Absent OR Absconding. See Absemt, etc.. Debtors 549 Joint. See Limitation of Actitms .560 Supreme Court, Pleadings, etc 500 Debts. See Probate, Court, ac 399,402-5-6 Deceased Persons. See Assessments, Cownty 124 Declarations. See Deeds, etc.. Registry of . 365 Joint Stock Companies 279,282 Library Associations, etc 285 Witnesses and Evidence 543 OP Trust. See Frauds and Perjuries 375 Decrebs. Sesi Probate Court 407 Deeds. See Deeds, etc.. Registry of . 361-2-3—5 Witnesses and Evidence 543-4 DEEDS AND EIWCVItlBRilLMCES AFFECXIlWe I.AMDS, REGISTRY OF 360 Attachment ; certificate, endorsed on, to be evidence of registry 363 discharge of by entry on margin of registry 363 double indexes to books, how made and kept 361 lands bound by, from what date, &c. 363 registered in county where the lands lie 361 from time of being lodged in office 362 Bond, to be given by registrar, &c 361 Books of entry, double index of to be kept 361 GENERAL INDEX. 653 DEEDS AK» EXCUIttBRATWCES, &c.— Continued. Books of registry, contemporaneous to be kept in Halifax double index of to be kept for grants, by -whom furnished how provided, their kind, quality, &c safe keeping on provided for Certificate of registrar, to be evidence of registry Declarations, &c., made in Great Britain, &c., legal effect of Deeds; certificate endorsed on, evidence of registry copied into books, so as to be transcripts of originals deemed registered, when proved and lodged executed under power of attorney; power to be registered how proved within the Province without '■ registered, when witness absent or dead plans attached to, copied in books registered in order as proved and lodged on declarations made in Great Britain, &c. to be registered in county where lands lie unregistered, void against subsequent purchasers, «fcc. witnesses compellable to prove execution of, &c., Grants ; after 31st March, 1854, where to be recorded books for the registry of, by whom furnished duplicate originals of, by whom to be signed fee for recording, and by whom payable how transmitted for registry, and recorded index to contain name of each gra ntee plan in duplicate transmitted and attached Indexes ; provision for safe keeping of books of Judgments ; certificate on docket evidence of registry docket of, what particulars to contain how discharged and on what proof registered and on what proof lands bound from date of registry ' not to be tacked to prior enciunbrances registered from time when lodged in county where lands lie Leases, for more than three years, should be registered, &c. Mortgages ; discharged by release recorded not registered, void in certain cases to be tacked to prior mortgage release, marginal note to be made of what particulars to contain Oaths, of execution, by whom administered within Province without " in case of death or absence of witness Partition of township; plans of certified and transmitted Power of attorney to be recorded, when deed executed undpr Registrar of deeds ; appointment of, and of deputy bond to be given by, &c books of registry to be furnished by oaths may be administered by penalty for neglect of duty Safes, fireproof ; amercement may be made for in certain cases books of registry and indexes to be kept in counties and districts to be assessed for Halifax County exempt from provision penalty on registrar for not keeping books in Witness, compellable to produce for proof or re©stry Dbeds by Mahried Women. See Married Women, Deeds hy OF Incokpokation. Religious Cortgregcaicm, etc Bbgistrak of, Costs and Fees Deeds, etc., Registry of SHERrpjTs'. Lands, Sale of under Sxecutitm PAGE. 364 361 364 .... 361 364 363 365 363 361 362 362 361 362 361 361 362 365 361 363 362 364 364 364 364 364 364 364 360 363 363 363 363 363 363 362 361 364 363 363 363 363 363 361 362 361 364 362 360 ...:.. 361 361 361 364 360 360 360 364 364 362 359 141, sqq 623 360-1-4 ... 581-2 654 GENERAL INDEX. Deeds, Shbripps'. See Lands, Sale of under Foreclosure Default. &q6 Equity Procedure Lands, Partition of ,. Supreme Court, Pleadings, etc Defeasance. See Sills of Sale, Secret, etc Supreme Court, Pleadings, etc, Defence. Forcible Entry and Detainerr Supreme Court, Pleadings, d.c^ Defendant. Se» Co^s and Fees Intoxicatimg Liquws, etc. Lands, Partition of Lands, Sale vf under Execution , Lands, Sale of under Foreclosure Depicienct OF Rate. See Sewers, Dyke and Marsh Definition OF Tekms. See Equity Procedure Intoxicatiruj Liqtiors, etc. Lunatics, Custody, etc. of Marriage, Solemnization of Medicine and Surgery Mines and Minerals Mines, Megulation of Poor, Settlement, etc Public Instruction Railroads, Provisions, etc Rivers, conveying of Timber, etc Streets, Comtnissioners of Tovmshijjs, certain County, etc Trusts and Trustees WHls of Real and Personal Estate Degrees of Kindred. SeeDescent of Real and Personal Estate Demise. See Limitation of Actions Demdbbbb. Equity Procedure Supreme Court Pleadings, etc Dbpaktmental Ofpicebs. See Puhlic Offi'Cers, etc. Deposit. See Supreme CouH, Pleadings, etc Depositions. Equity Procedure . . • ■ Supreme CouH, Pleadings, etc. ... Witnesses and Evidence ?. Deputy Commissioners. See Mines and Mine/-als Registrars. Marriage Solemnization of Secretary. Public Officers, etc. Surveyors. CrownLands BESCEWT OF REAIi AIKI) PEIISOIVAI. ESTATE Advancement, how treated on division and distribution in real estate, how to be considered, &c. not required to be refunded, &c. valuation of, by intestate, to be conclusive what gifts or grants shall be deemed to he when parties die before intestate, how allowed Children, advancement to by intestate, how considered, &c. posthumous, how to be provided for Degrees of kindred, how to be computed Descent of undevised real estate in case deceased should leave issue no issue • . • • of unmarried deceased minor leaving brothers. .... .... other cases, and among collaterals .... property of unmarried deceased minor how divided i Distribution of undevised personal estate, rules for Dower ; lands held by widow as, how divided after her death title of widow, as tenant in, not affected Estate, undevised by will, how to be distributed PA&E. 579 522 572 454-6, 468, 490, 510 376 480 583 471 614 350 571 581 578-9 233 520 344 218 378 153 21 59 189 178-9,186 273 334 269 135 587-8 369,370 872 564 521 463-^-5, 478-9 97 449 633-4 483 536-7, 540 21-3-3 378, sqq 97 84-5 371 373 373 373 374 373 374 373, 374 373 372 371 371 871 371 371 372 372 374 374 374 GENERAL IMDEX. 655 BESCEWT OF REAI, AN1> PERSOIVAI. ESTATE Gifts or grants, what shall be deemed to be advancements . - - Intestate; lands held in trust for, how chargeable, and descent of leaving issue, descent of real estate of no issue, descent of real estate of .... or father, descent of real estate of ... • ■widow, " " " kindred, widow to inherit .... .... personal estate of, how to be distributed .... posthumous children of, how provided for wearing apparel of, distributed among family ... Kindred, degrees of, how to be computed if intestate have none, widow to inherit .... Married women, dying intestate, estates how distributed Minor, unmarried, descent of estate in case of death of, &c. Paraphernalia, &c., of widow to be allowed her Posthumous children, provision how to be made for Tenancy by the courtesy and in dower, not affected , . Undevised estate, real and personal, how distributed .... Widow ; allowance to for maintenance out of personal estate .... lands held in dower by, how divided after death one-third of personal estate to be distributed to .... paraphernalia, &c., to be allowed to .... .... where no issue, to take half of real estate kindred, to take estate .... .... Desteuotion or Noxious Animals. See Animals, Noxious, ttc Detainee, Forcible. See Fordhle Entry and Detainer .... Detention, Unlawful. See Supreme Court, Pleadings, etc. .... Dktinue. ^ee Limitation of Actions Devises. With of Real and Personal Estate DiKECTOKS. Corporations, General P>'ovisi I-EGISI.ATIVE. Disability created by holding certain offices Elections, &c., of disabled persons void Exceptions as to departmental officers, &c Members accepting office, seats of vacated Members of senate and house of commons ineligible Resignation of office, how and when t J be made Seats of departmental officers, when not vacated Disability. See Trusts and Trustees DisCHASGis. Supreme Ccmrt, Pleadings and Practice in OF FiKE-ARMs AND FiRE-woKKS. See Fire-arms, etc Patient. See Lunzctics, Custody, etc., of . Prisoner. Liberig of Subject Discontinuance. See Supreme CouTi, Pleadings, etc Diseases Infectious. See Boards of Health, etc Roads, Preservation of. , Costs and Fees Rent, Distress for Limitation of Actioiu See Descent of Real and Personal Estate. Trusts and Trustees Districts. See Highway Labor Mines and Minerals Municipalities Electoral. See Municipalittes Poor. See Poor Districts Townships, &c. See Boundaries of Counties, etc Division OP hxn ds. See Lands, Partition of. Real Estate. See Probate Court , Divo-kcb. See Married Women, Protection of Ooubt. See Costs arul Fees PAGE. Continued. 373 Disorderly Driving. Distress for Rent. OR Entry Distkibction. .. 372 371 .. 371 371 .. 371 372 .. 372 373 .. 372 372 .. 372 373 .. 371 372 .. 373 374 .. 374 372 .. 374 372 .. 372 371 .. 372 343 .. 582 497 659 ...366-7-9, 370 276 280 287 7 448, 8 8 9 8 589 ,488 331 214 558 .. 471, 495 157 259 623 585 ...561-2-3 372 592 253 23-4-9, 47 290 310 197 lOO 570 401-2 386 617 656 GENERAL INDEX. etc. Docket. See Supreme Court, Pleadings, etc. Documents. &&& Arbitration Supreme CouH, Pleadings, Witnesses and Evidence., . Doos. See Animals, Certain going at Large DOGS, TAX.ATIOM OP. Dogs chasing or worrying sheep may be killed owners liable to penalty after notice taxation of; amount to be fixed by sessions regulations concerning to be published DowEK. See Descent of Jieal and Personal JEstate Limitation of Actions Probate Court, etc DOWER, liVRIT OF Assignment of, how made to widow after demand Damages may be assigned upon judgment for widow Five freeholders of neighborhood to set off Form o# writ of dower, prescribed and given in schedule seisen " " " " If no division by metes or bounds, widow how endowed May be sued for within one month after demand Mode of setting off prescribed, and by whom Waste not to be committed or suffered by widow Widow specially endowed where no division made Drainage. See Sewers, Dyke, and Marsh Drains. " " " " Drawbridges. See Bi-idges and Public Landings Driving, Rules FOR. See Hoads, Preservation of Duration of General Assembly. General Assembly, Duration, etc.... Duties and Salaries OP Certain Officers. See Public Offlcers, etc DuTT, Justice how Compelled to Perform. See Justices, Protection of. . Dyked and Marsh Lands. See Sewers, Dyke, etc. Dykes. See Sewers, Dyke, and Marsh Land. PAOE. ... 475-6 595 ... ■ 467 537 to 541 337 339 339 339 339 339 374 564 401 567 567 567 569 ..567, 568 ... 567,568 568 567 567 567 568 .. 232-5-9 238 270 ..259, 200 9 ....;. 97 608 .... 230 231, 234 to 238 E. Easements. See Limitation of Actions. •■•• •••• Education. See Public Instruction. .... .... .... Ejectment. Lands, Sale of under Foreclosure Supreme Court, Pleadings, etc. .... • . . • Election Committee. See Elections, Controverted Elections. See Disabilities, Executive, etc- .... .... Contested. See Municipalities . • • • EIrECTIOMS, CONTROVERTED Bond, required before proceeding on petition Committee ; chairman, how selected to have additional vote report absent members disobedience to summons how drawn, struck and sworn struck, &c., in undefended cases may direct room to be cleared report specially member absenting himself, to be reported .. members ineligible to serve .... . • • . how and when excused .... of government how excused .... when excused, others to be drawn . oaths, by whom to be administered .... powers and duty of .... prorogation, effect of .... provincial secretary exempt from serving on . 565-6-7 163 578 .489 to 496, 512-3-4 .... ..14 sqq . 302 .. 13 13 .. 15 16 .. 16 16 14,15 16 ... 16 14 .. 16 14 14,17 17 .. 14 16 .. 15 16 .. 17 GENERAL INDEX. 657 K:I.ECTI01«S, CONTROTERXED—Continued. Committee ; report petition or opposition frivolous, &c. • • • • when reduced below five, dissolved • • • • Expenses ; how taxed and recovered .... .... ■•■■ party paying may recover proportion . • • • • • • • when recoverable under report .... • • • ■ • • • • Petition ; proceedings at time for considering when receivable by house- ... .... •••• .••• Return ; proceedings on petition against . ■ • ■ undefended return ' Sitting member,' meaning of words .... . . . • • . • . notice to be given to proceedings in case of death, &c. fil^ECTIOMS ; CORRUPT PRACTICES AT Chapter, how to be cited .... .... .... .... meaning of certain words in .... Com-t may order payment of costs .... .... .... . . . . Defendant entitled to costs, if judgment in his favor .... Expenses for entertainment not recoverable from candidate, &c Form of action for recovery of forfeiture .... .... Intoxicating liquors, penalty for furnishing .... .... . . . . Limitation of actions under chapter ^ .... Penalties for bribery and undue influence.... — . how recovered .... .... ... Persons deemed guilty of bribery .... .... undue influence .... .... .... Prosecutor to enter into recognizance, or no costs . . . . Seat of candidate guilty of bribery vacated .... .... ■ . . . Elbctob. See Municipalities .... .... .... .... . . . . Encoukagement OF Ageicultuke. See Agriculture, Encouragement . . EuoROACHMENTS, &c. , ON KoADS. PubUc Gvounds, Supervisors of--.. Hoods, Preservation of Expenditure of Moneys on Streets, Commissioners of ... ENcnMBRANCES, AFFECTING Lands, REGISTRY OF. See Deeds, etc.. Registry Endorsement of Payment. See Limitation of Actions . • • • • • • . Engine men. See Fires and Firewards .... . . . . England, Church of. See Church of England .... .... .... Entailed Estates. See Estates Tau -. .... .... .... Entry and Detainee, poeciblb. See Forcible Entry, etc. OF Causes. See Supreme Court, Pleadings, etc. .... on Lands. Limitation of Actions .... .... ■ . • . Episcopal Coeporations. See Religious Congregations, etc . . . . Episcopalians. See Meeting Houses, Repaii-s of Equitable Pleas. Supreme CouH, Pleadings, etc Suits. Costs and Fees .... .... Equity. See Costs and Fees CouET. See Trusts and Trustees .... .... .... .Judge. Equity Procedure .... .... .... . . . . Supreme Court and its Officers .--. .... EftUrrY PROCEDURE Absent defendants ; service on in equity suits, &c., how effected Answer of defendant ; cause, how heard on writ and must be briefly and distinctly stated .... given under oath .... .... .... when new matter by way of avoidance in Appeals, from equity judge to supreme court, allowed how entered on docket of supreme court .... .... judge may n^ke rules and regulations as to petition, appellant to present within what time, &c bond for security to be entered into and how .... certificate of counsel of reasonable cause, attached contents of, appellant strictly confined to . . . . dismissed, if security not duly perfected .... 41 PAGE. 16 .... 16 17 .... 17 17 u,ir, 13 .... 13 13 .... 17 13 ... 13 9 ... 12 12, 13 .... 11 12 .... 9 12 .... 10 12 10,11 11 10, 11 11 ... 12 12 .... 291 221 .... 320 259 .... 252 265-6 .... 360 559 .... 327 139 .... 360 582 475-8 561-2 .... 146 147 469, 491 616 .... 616 388 520-1-2-7 391-2 ... 520 525 ... 522 521 ... 521 521 ... 534 534 ... 536 635 ... 535 534 ... 535 535 658 GENERAL INDEX. PAOE, EQUITY PROCEDURE— Continued. Appeals, proceedings not stajred by, unless specially ordered 535 Bond, by appellant, for security, in case order not reversed 636 guardian, on sale, &c., of real estate of lunatics, infants, &o. 632 Cause of action ; legal not to be included in equitable writ 524 Chancery, English practice of, to be adopted in what cases 621 jurisdiction of, given to supreme court 521 suits in, to be commenced by writs of summons 621 technical or formal language in pleadings unnecessary 521 Costs ; discretion of court in awarding or withholding ; 522 in equitable suits, taxation and allowance of 534,616 suits for perpetuating testimony, how payable 534 penalty for taking excessive, how recoverable 534 Country causes ; issues in, settled by judge and returned 526 trial may be ordered by judge 527 verdict, judgment may be entered on 627 need not be sent for consideration of judge at Halifax 521 rule ram for new trial, how argued, (fee 527 suggestions of issues required, how made, &c. 526 to be tried by jury, as formerly, unless, &c. 526 Coiirt of equity judge, shall be always open 520 Decisions, &c., of court, enforced by attachment or execution 522 Default, power of court in cases of, defined 622 Definition of terms used in chapter as regards courts, &c 520 Demurrer, may be by either party ; how heard and determined 521 Depositions of witnesses ; commissioner to take and certify 533 filed in office of prothonotary of county 533 how and when used in evidence 534 Equity Judge ; court of shall be always open 620 definition of term, when restricted to 520 exclusive jurisdiction of, in certain cases 520 interested, other judges may decide question 521 motions and arguments to be heard before 521 precedence on bench, established and regulated 621 proceedings in equitable suits regulated by 521,527 rules for governing practice, to be made by 520 shall preside on trial of issues at Halifax 627 when expedient, may direct trial of issues in country 527 Final judgment of cases on equity principles, how given 622 Foreclosure of mortgage; certain persons need not be made parties to 624 service of order on absent defendant 622 suit for, how brought and conducted 528 where sale sought by subsequent mortgagee, &c. 528 Gazette notice, to absent defendants in foreclosure cases 522 Guardian of lunatics, infants, &o. ; bond to be given on sale, &c., of real estate 532 effect of conveyance made by 633 Searing of cause, on writ, plea, or answer, after notice 522 Injimction; application for writ of, to be made by plaintiff ex parte 531 court may direct issue to be submitted to jury 631 damages may be included in claim for 630 1. defendant in action may obtain against maintenance of 531 how enforced, in case of disobedience of writ 531 granted and upon what terms, &c 531 obtained by defendant, and effect of 631 proceedings for as in case of mandamus 630 , restraining order in nature of, how granted, &c. 531 summons in action for, and notice thereon 530 writ of, when grantable, and how obtained 530 Jurisdiction of equity court, exclusive, defined, &c. ...,, 520,521 supreme court, concurrent, not interfered with 520 terrris used with reference tn, specially defined 520 Mandamus ; claim for writ of, how made and when 529 contents and nature of writ in action for 629 costs recoverable, as in ordinary action for damages 529i GENERAL INDEX. 659 PAGE. MQUITY PROCXIDURE-Continuedi. Mandamus ; mode of proceeding same as in ordinary actions 529 peremptory writ ; contents, issue and return of 529 effect of, and how enforced 529 in what cases may be issued 529 j)roceedings on disobedience of 530 supreme court ; jurisdiction of as to, not to be aflected 530 rule for, how granted by, &c 530 summons, nature and contents of writ of 529 Wasters ; appointment, duties and powers of 522 extraordinary may be appointed by judge 522 reports of, must be submitted to court for confirmation, &c 522 Mortgages ; suits as to may be brought »by mortgagor or mortgagee 528 Parties ; want of, no ground of objection in certain defined cases 523 Perpetuating testimony ; attendance of witnesses for purpose of, how obtained, &c 534 commissioner ; depositions to be engrossed and cer- tified by 633 evidence to be taken before, and in what mode 533 special may be appointed by court on application 533 costs connected with, by whom payal^le and how borne 534 depositions, &c., where filed and how used in suits, &c 534,535 summons for, by whom issued and on whom served, &c 533 Practice: action how commenced, and cause of, how to be stated 521 answer of defendant, to be under oath and what to state 521 co'Jts, may be awarded or w;ithheld, as in England 522 decisions of court, enforced by attachment or execution 522 default, in case of non-appearance, &c., court may make order 522 demurrer by either party, how heard and determined 522 dismissal of suit for equitable relief, in what cases 528 fees of jurors and witnesses on trials, regulated 527 final decision of cases, judgment, how pronounced 522 foreclosure suits, who need not be made parties to 524 hearing on writ, plea or answer, after notice given 522 issues m coimtry and at Halifax, how tried, &c 527 legal cause of action, not to be in equitable writ, &c 524 representative, procedure where none exists 524 masters ; reference of matters to, and report thereon 522 oral examination of witnesses, miay be ordered 526 parties, want of, when no objection in certain cases 523 practice of supreme court, how far applicable, &c 521 receiver may be appointed when necessary, &c 528 replication where answer contains new matter, &c . 521 -securities to be taken to prothonotary eo nomine 528 trustees, &c., may apply by petition for directions, &c. 526 Real estate of infants and lunatics; application, for sale or disposal of, to be made by petition 632 merits of, inquired into on af- fidavits, &c. 532 order thereon, court may make with conditions, &c. 532 bond, to be given by guardian with satis- factory surety 532 conveyance ; effect of when made under order 633 recitals in, what shall be suffi- cient 632 order for sale, &c., effect of, and how to be granted 632 proceeds of sale; disposal or investment of, how ordered 633 660 GENERAL INDEX. PAGE. EQUITY PROC^EDURE-Continned. Real estate of infants and lunatics; report of sale, to be filed with, prothonotary of county 532 sale not to give greater interest in proceeds than in estate 633 Receiver ; court may appoint in suit, when necessary 528 Specific performance; claim may be made for, by plaintiff in any suit 528 court may award or refuse, according to principle 528 order execution for return of chattels detained 528 of instrument by master in certain cases 528 execution may issue for damages, costs and interest. 629 Supreme court ; definition of term in Certain cases 520 jurisdiction, concurrent, not interfered with 520 practice of , in certain cases how far applicable 521 Trustees, &c. ; application of to judge for direction, advice, &c., how made 526 effect of acting imder directions, as regards responsibility 526 powers of judge as respects application, &e 526 when not indemnified, the acting under direction 526 Witnesses ; attendance of for examination, how enforced 625 examinations of, at trials on circuit, how taken, &c 525 de be/ne esse may be takent &c 526 examiner specially appointed may take 524 oral examinations of may be ordered by judge 625 previously examined may testify orally 525 provisions of chapter 96 applicable to equity suits 524 Brbob. See Supreme Court, Pleadings, Sfc 461-3 inReghstry. See Marriage, Solemnkation of 380 Escape. See Justices, Jurisdiction of 416 ESCHEATIWe liAMDS, FORFEITED TO CR01V]V 583 Attorney general ; inquests of ofBce to be filed by 583 Costs of revesting lands ; in case of appearance and plea 684 non-appearance 584 taxation and payment of 684 Grants of escheated lands not to issue within year from judgment 584 Governor in council ; proceedings to be directed by 583 Inquests of office ; attorney general to file, &c 583 Governor in council to direct filing of 583 notice of, h ow given, published, &c 583 several lots may be included in same 584 traverses and trials to be separate 684 Lot; where grant includes several, forfeiture of how incurred 584 Notices of inquests; how given and published, &c 583 penalty for not informing landlord of 684 procedure in case of appearance and plea 584 non-appearance after 584 Penalty on tenant neglecting to notify landlord, &c 684 Plea; nature of, and to what confined, &c 584 proceedings in case of, and in default of 584 Re-grant not permitted within year, except, &c 684 Tenant, neglecting to notify landlord ; penalty upon 684 Traverses and trials to be separate in all cases .... ■ 684 Where grant includes several lots ; forfeiture how incurred 684 Estate. S»e Lunatics, Custody and Estates of . 214 toTwoorMore. See Joint Tenancy, ^c 365 Undevised. See Descent of Meal ana Personal Estate 374 Estates AND Custody OF Lunatics. See Lunatics, Custody, i[c. 206 OF Deceased Persons. See Descent of Real and Personal Ettate 371 Probate Court '. 396 Wills of Real and Personal Estate 366 Tail. 360 Evidence and Witnesses. See Witnesses and Evidence 636 Examinations. Sue Lunatics, Custody, Sfc 208-9 Witnesses and l^ldence §37-8-9 GENERAL INDEX. 661 PAGE. BXAMINEBS. ^Be> Barristers and Attorneys 438-9 Provincial. &e& Public Instruction 164 Exemptions. See Assessments, Oowity 113,123-6 Highway Labor 253-4 Juries : 42(5-7 Execution. Absent or Absconding Debtors 551 Arbitration 599 Justices, Jurisdiction of 417-8-9 Probate Court 411 Rent, Distress for 586 Supreme Court, Pleadings, Sfc 452, 473-5, 482, 484 to 488, 493-4-5 OF Wills. SeeWills,^c 36fi Sale OF Land UNDER. See Lands, Sale of under Execution 579 Executive AND Legislative Disabilities. See Disabilities, etc 7 Council. See Public Officers 97 Witnesses and Svidence... 544 Executobs. See Probate Court., 397 to 410 Public Works, Subscriptions to 324 Rent, Distress for 586 WiUs, ^c 367-8,370 EXECUTORS, ADIHIKISTIIATORS, AMD TRUSTEES 564 Action of debt, on simple contract maintainable against 554 trespass, lyhen maintainable against 554 may be maintained by 554 Appointment of new trustee, by whom made 553 Authorized to invest funds in provincial debentures 554 Costs on removal, &c., of trustees, &c., how paid, &c 555 Executor neglecting, &c., to act, not to be named in writ, Ac 555 Legacy, recoverable by action at common law 554 Legatee, residuary may sue co-executor 564 Limitation of actions to be brought by or against 554 New trustee ; appointment of how made, &c 556 Trustee, &c. ; proceedings on petition of for discharge... 556 removal of, procedure on petition for 555 Executors, Administrators, &c. See Highway LcAor 254 Limitation of Actions 559 Witnesses and Evidence 5'.t6 Exhibitions, Public. See Public Exhibitions 335 Expenditure OF Moneys, See Highway Labor 257 ON BoADS. See Roads, Expenditure, etc 249 F. False, Frivolous, &c.. Pleadings. See Supreme Court, Pleadings. S^c '.. 465 Families. See Poor, Settlement, etc 191 OF Persons Killed BY Accident. See Accident, Compensation, etc.... 609 FARMERS' CI.UBS 228 Bureau of agriculture ; central board to be called 228 clubs to be established by 228 grant to be controlled by 229 papers for discussion, prepared by 229 results of discussion transmitted to 229 (Hubs; election of officers of, when to take place 228 establishment of, by bureau of agriculture 228 fee for membership, regulated 228 formation of, how to be notified 228 incorporated under such name as may be selected 229 government grant *or, by whom controlled 229 meetings to be semi-annual or oftener 229 papers for consideration of, how prepared 229 prizes for essays, may be 'offered by 229 results of discussions of, transmitted, published, &c. 229 662 GENERAL INDEX. PAGK.' FARHBRS' CI.UBS— Continued. Clubs; schedule of form of declaration , 229 statistics to be prepared and published by 228 transactions of, to be recorded 228 Pathbb. See Guardians and Wards 386 Reputed, ^e Bastard Children, etc. 198-9,200 Fees. See Arbitration. 600 Bilk of Sale, Seo-et, etc 376-7 Clerk of Peace 101-2 Coroners 106-7 Costs and Fees 610 Horses and Cattle Stray 337 Marriage, Solemnization of 380-1-2 Prothonotary, etc. 106 Piiblic Bxhvntions 335 Supreme Court, Pleadings, etc 483 Witnesses and Evidence 547 Various other Chapters. Female Pkactitioners. See Medicine and Surgery 155 Fences. See Common Fields 240-1 Railroads, Provisions respecting 272-3 Boads, certain Great, etc 244 Roads, other than certain Great 248 FENCES, FESfCE VIEIVERI^, AMD IMPOUMDIWG OF CATTI-E 136 Appeal; from decision of justices 137 judgment of fence viewers 138 Appraisement of damages, by cattle, &c., how ascertained 136 Cattle ; damage by, from whom recoverable, and how 136 how appraised, and notified 136 impounded, sale of, under what circumstances 137 what fees payable to pound-keeper 137 owner of, liable for trespasses and damage by 137,138 Common law right of action, not impaired 138 Damages ; by cattle, from whom recoverable 136 how ascertained by appraisement 136 may be recovered by action, after notice 136 recoverable, if broken part of fence lawful 138 Fences; height of, and how to be constructed 136 partition, how to be erected, &c 136 penalty for neglect after notice 136 sufficiency of, how to be determined 137 Fence viewers ; appeal from judgmenj^of 138 duty of , and fees payable therefor 136 forfeiture for neglect of 136 to declare what rivers, &c., lawful fences 138 Fines, for rescue and pound-breach, &c 138 how recoverable and appropriated 188 Impounding of cattle, FIRE^VORILS Fine for discharge unnecessarily of flre-arms making bon fire within 100 yards of building.... wantonly throwing fireworks Imprisonment in case of non-payment of fine Prosecution must be commenced within eight days FiBE Constables. See Fires and Firewards FiBEMEN. " " " FiEES. See Municipalities FIRES AIW1> FIREWARDS. Assessment for fire purposes, how to be made property liable to Buildings; admittance into may be demanded by firewards. fine for breaking open without authority may be pulled down in certain cases penalty for refusing firewards admittance into..., Chimney sweepers; appointed by firewards and licensed.. bonds to be given by fine for neglect of duty by Chimneys; mode and time of sweeping regulated penalty for neglect of regulations City of Halifax; origin of fires in, how investigated Collectors ; appointment and duties of forfeiture on for neglect of duty moneys to be paid to county treasurer Engine men ; appointment and duties of exempt from certain public duties to have power of firewards in certain cases.... vacancy in number of how supplied Fire constables ; appointment and duties of penalty on for neglect of duty Firemen ; appointment and duties of exempt from certain public duties to exercise powers of firewards in certain cases.... vacancy in number of, how supplied Firewards ; appointment and duties of chairman of, appointment and duties of definition of word when used in chapter duties and powers of at fires defined. ...... duty of, as regards supply of implements, &c 199 PAGE. 270 ... 270 270 ... 270 270 ... 270 302 240 200 522 403-4 138 331 337 433 287 384 154 335 321 259, 260 .. 232-8 331 331 331 331 331 331 326 .. 326-7 300 325 326 327 328 325 325 328 327 327 328 328 328 330 327 327 327 .... 327 327 327 327 326 326 326 327 .... 326 327 .... 325 329 .... 330 325 .... 325 664 GENERAL INDEX. PAGE. FIRES AND FIREVTARDS— Continued. Fire wards ; gunpowder may be seized by in certain cases 329 penalty for disobedience of orders of... 325 power of, to enter buildings in certain cases 328 remove dangerous materials 328 regulations for sweeping chimneys made by 328 Gunpowder ; firewards may seize in certain cases 329 limitation as to quantity to be kept 329 penalty for extra quantity, how enforced .' 329 warrant to search for, and proceedings thereunder 329 Implements, for iire purposes, how provided, &c 326,330 numbering and safety of provided for 326 penalty for destroying or injuring 32& Limits of tovms for purposes of chapter how defined 325 Penalties, how to be recovered and applied 330 Public wells, pumps, &c., penalty for destroying or injuring 329 repairs of , how to be provided for 329 Sessions ; powers and duties of as respects chapter 325,326 regulations respecting, fires, &c., to be made by 329 FraMS, SuiiBTrES TO OB roE. See Partnerships 605 Fish. See Miisances. 162 Maekkt. See Nuisances 162 Fishbbibs. See Hivers, Convmnff of Tirriber, i^c 334 AND Game. See Municipalities 299 Folio, defined. See Statutes, Promulgation, etc. 3 FORCIBIiE ENTRY AND DETAINER 582 Complaint on oath ; justices may issue warrant on 583 may be summarily tried, &c 583 writ of posse.ssion may issue upon 583 Damages, may be assessed by jury 583 awarded by court, &c 583 Defence ; notice of, to be filed and served 583 Jtiry, may try causae and assess damages, by order, &c 583 Notice to quit, need not name day of termination 582 what sufficient, as respects tenancy 582 Overholding ; tenant liable to pay treble rent for 583 warrant for, not to issue in certain cases 583 when to be issued, &c 582 Security, proceedings in case of default in giving 583 Tenancy ; where terminated, warrant may Issue 583 Warrant; any two justices may issue on complaint 582 in what cases may not issue ; exception 583 FOBECLOSUEE OP Moetqage. See Equity Procedure 522-8 Sale of Lands undee. See Lands, Sale ofundei- Foreclosure 578 FoEEMAN. See Juries 430 Soads, Expenditure of Monet/s on 252 FOEFBITED Coal Mine. See Mines and Minerah 46 Gold " " " " 29,37 Lands, Escheating OF. See Escheating, etc 583 FOEPEITDEE, Partial. See Mines and Minerals 29 FOEFBITUEES. See Assessments, County 113, 120, sqq Gunpowder, Transportation, etc 332 Highway Labor 255-6-7 Nuisances 162 Poor, Settlement, etc 195 Railroads, Provisions respecting 271-2 Streets, Commissioners of 266-7-8 Various other chapters. FoEMS See Assessments, Cownty 127, sqq Bastard Children, ac 200 to 206 CrmimLands 88-9,90 Dower, Writ of 567-8 Jntoxicating Liquors, etc. ^. 352 to 355 GENERAL INDEX. 665 PAGE, Poems. See Juries 429,437 Justices, Jurisdiction of. 420 to 425 Lunatics, Custody, etc. 218 to 221 , Marriage, Solemnization of 380-1-2 Mines and Minerak 47, 51 to 58 Poor, Settlement, etc 196 Probate Court 410 to 414 Statutes, Promulgation, etc 4 Supreme Court, Pleadings, etc. 505 to 519 To^onships, certain County, etc 135 Various other chapters. Peaud. Supreme Court, Pleadings, etc. 466 FRACDS AMD PERJURIES; PREVEBfTIOW OF 374 Assignment of trust, not valid unless in 'writing 375 Contracts, for sale of goods over $40, what necessary to validity of 376 which require to be in writing, signed by party chargeable 375 Declarations, &c., of trusts in lands, &c., must be in writing 376 Interest in lands, &c., assignable only by deed or note in writing 375 Leases, estates, &c., not in writing, what the force and effect of 374 for three years, not affected by provisions of chapter 374 Promise to be answerable for debt of another, wlien not invalid 375 Pbauds on Cheditoes by Secbbt Bills of Sale. See Bills of Sale, etc 376 Feeb Geants AND Homesteads. See Orimm Lands 90 Peuits, Boots, &c. See Pent, Distress for 587 Fue-beaeing Animals. See Birds an^ Animals : 342 G. Game Laws. See Birds and Animak 340 Gaenishees. Supreme Court, Pleadings, etc. ... 488-9 Gates. Railroads, Provisions respecting .'. 271-2 Roads, othe^- than certain Great 248 Gatheeing OF Sea Manuee. See Sea Manure, etc. 338 Gazette Notice. See Equity Procedure 522 Escheating Landsn etc 583-4 Lands, Partition of 571 Sale of under Execution 581 Mines and Minerals 26 Partnerships 603-5 Probate Court 396-8-9,401-3 Supreme Court, Pleadings, etc 451 Gbbse; See Animals, Certain going at Large 337 Genbeal AND Special Sessions. See Sessions, etc 108 GEMERAI. ASSEMBlrY, DURATIOIW OF, AW» REPRESEI*- TAXIOW IM 9 Duration of • 9 Not determined by demise of Queen 9 Number of members of House of Assembly 9 Eepresentation to be by counties 9 Gbneeal Issue abolished. See Supreme Court, Pleadings, etc 467 Mining Association. See Mines and Minerals 43 Paetnees. See Partnerships 602-3-4 Peovisions ebspecting Coepoeations. See Corporations, etc 273 EuLES. See Supreme Court, Pleadings, dc 441 Waeeant OP DiSTEBSs. See Poor, Settlement, etc 193-6 Glebe Lands. See Church of ErwUnd 141 OE School Lands. See Sewers, Dyhe, etc 232 Going at Laegb of Ceetain Animals. See Animals, Certain going at Large.. 337 Gold DiSTEiCTS. See Intoxicating Liquors, etc. 346 Mines and Minerals 23 Mines. " " 23 to 39 Good Fbiday. Statutes, Promulgation, etc. 4 666 GENERAL INDEX. PAGE. Q-ooDS. See Absent or Absconding Debtors 551 iStattdes, Promulgation, etc 3 Rent, Distress far 585-6-7 GovBBNOB. See Statutes, "Promuhation, etc 2 IN Council. See Escheatinq Lands, etc 583" Public Officers, etc 98-9 Poads, certain Great, etc. 244^5 GovBRNoa's Private Secebtaby. See Public Officers, etc. 97 CfBAiN. See Rent, Distress far 685 Gbanb JuHOBS. See Juries 426, sqq JlTBY. Assessments, Cminty 110, 111, 121-3 Municipalities 296,300,307 Sessions, Oeneral, etc 108 Gbant FOR Schools. See Public Instruction 176 (Jbantob. See Statutes, Promulgation, etc 3 Grants. Costs and Fees 623 Crown Lands 85 Deeds, Sj;c., Registry of 364 Escheating Lands forfaited to Crown 584 Witnesses and Evidence 544-5 Free AND Homestead. See Crovm Lands 90 Gbeat Eoabs, Laying out, &c,, op Ckbtain. See Roads, Certain, etc 242 OF Eoads othbbthan, &o. See Roads, other, etc 246 Gbounds, Public, SuPBEVisoBs OF. See Public Grounds, etc 319 Guardians. See Equity Procedure 532-3 Lands, Partition of 571 Lunatics, Custody, Sfc, of 206-7-8 Masters, Apprentices, etc. 389 Probate Court 401 OUARDIANS AViJi WASiOH 386 Appointment of guardian by father, howmade 386 judge of probate, how made 386 Apprentioeships,*legally entered into, not to be affected 387 Bonds to be given by guardians ; conditions of, &c 387 Father of unmarried minor, may appoint guardians 386 Judge of probate may appoint, on neglect of father 386 Letters of guardianship ; how applied for.^nd when granted 387 Minor, over 14 years of age, may appoint his guardian 387 Power and duties of guardians, defined, &c. 387 Guaedianship, Lettebs OF. See Probate Court 407 CrUlDIil BOARDS; arms corresponding with roads, attached to 339 erection and maintenance of , provided for 339 names and distances to be marked on 339 penalty for neglect to erect and maintain 339 surveyors of highways, &c., duty of respecting 339 what fund liable for erection of, &c 339 GUNPOWDEB. See Fires and Firetcards 329 eUM PONDER; TRA«f SPORT ATIOST A]«I» USE OF 331 Blasting rocks ; fine for neglect of precautions in 332 person concerned in liable for damages 332 precautions to be used in 332 Cart with gunpowder not to stop within 20 yards of house 331 Conveyance of powder by land regulated, &c 331 Forfeitures for offences against chapter 332 Metallic substances not to be placed on carriage with powder 331 Packages containing powder, regulations concerning 331 Protection where more than 50 lbs. in one cart 331 Quantity over 25 lbs. how to be secured 331 50 lbs. " " " 331 to be placed in one cart limited 331 When for Her Majesty's service, chapter not to apply 332 "GuYSBOBOUGH. See Junes 430 GENERAL INDEX. 667 H. TT ^ PA&E. Habeas Corpus. See Liberty of Subject ,556-7-8 Halifax City. See Assessments County 123 Boards of Health 157-8 Commons 239 Horses and Cattle, Stray 337 Intoxicating Liquors, ^0 362 Joint Stock Companies ; 282 Limitation of Actions 566 Municmalities 306 Poor, Settlement, ^c 196 Public Exhibitions 335 Grounds, Superuisors of.. 323 Instruction 186 to 189 Streets Commissioners of 265-9 Townships, Certain County, 6fc . I33 Halifax County. See Juries 427-9,432 Sessions, General, 8fc 108-9 Tovmships, CeHain County, ^c 132 Halifax GrBA:\rMAB School. See Public Instruction 188 Hanb-wkiting. See Witnesses and Evidence 545 Haees. See Birds and Animals 341 Hay. Boads, Preservation of 260 Scales. Se& Assessments, County Ill Health, BoABDS OF. See Nuisances 159,162 AND Infectious DiSEASi:s. See Boards of Health, ^c 157 Court OF. See Nuisances 159 Inspectors. •' 169, 160 Wardens. Boards of Health, 8fc 167 Hbaking OF Cause. JSguity, Procedure 522,631 Supreme Court, Pleadings .^ 477-8-9 BEtES. See Descent of Peal and Personal Estate ^ 371 Lands, Partition of 576-7 HIGHWAY L,ABOR 253 Absentee from district, to pay on return to 254 Assessment ; adcUtionallabor, in proportion to scale of 253 Breaking roads, in winter ; provisions respecting 256 Bridge, broken down, &c., repairs provided for 255 Clerk of peace ; annual retm-ns to be made to, &c. 256 blank forms of returns forwarded to 258i delinquent surveyors to be prosecuted by 258 Commissioners; annual returns, of labor to be made by 256 form of return as in schedule 25S notices to labor, when to be given by 254 Commutation; fixed at fifty cents per day 255 forfeiture for not tendering 255 within what time to be paid , 255 Day, working ; to consist of eight hours 254 Districts, as now established for labor confirmed 25^ limits may be altered, ornew erected, by sessions 253 Executors, trustees, &c. ; property in hands of, how far exempt 254 Exemption ; of certain persons, up to one thousand dollars 254 males over 60 years up to $1000 25S property in hands of executors, &c., up to $1000 2,54 Expenditure of moneys : Accounts of , whereby days work, to be attested to 251; By tender and contract, or by public auction 257 Three days notice in writing, to be posted 257 Forfeitures ; by minors, recoverable from parents; &c 257 for causing loss of statute labor 257 neglect to labor in removing obstructions 266 winter 256 668 GENERAL INDEX. HI« HVI^AY liABOR -Continued. Forfeitures ; how recovered and applied, (fee 257 Highways; obstructions to how removed, &c 255 time within which labor to be performed 254 Inspectors general; appointment of by sessions 258 duties of defined, and salary fixed 258 Labor; may be required to be done within eight days 255 notice of time and place of performing, how given 254 time for performance of, regulated 254 Lists, of persons liable to perform, &c., how made out 256 Males ; between 16 and 60, liable to two days labor as poll tax 253 scale of additional work, according to assessment 253 over 60, liable in respect of excess over 81,000 253 Moneys, expenditure of, regulated, &c. 257 Penalty, on commissioner or surveyor for neglect 257 when recovered, how to be applied 257 Residents, on islands, where to perform labor 256 out of district, " " 256 Returns, of surveyors and commissioners, how made 256 provincial secretary to furnish blank forms, &c. 258 Scale, of labor in addition to poll tax 253 Schedule, of forms of returns 258 Sessions ; may appoint general inspectors, &c 258 direct lists to be made out, &c. 256 grant permission to labor specially 256 Surveyor ; may alter road by consent of justices 256 require whole labor to be done in eight days 254 teams, &c. to be sent 254 shall cause persons to be summoned for labor 254 make returns annually to clerk of peace 256 retain allowance for his daily attendance 257 Teams sent when required, allowance for labor of 254 Winter ; breaking roads in, provisions respecting 256 forfeiture for non-compliance with order 256 limitation as to number of days work 256 Highway, Rule OP. See Hoads, Preservation of 260 HIGHWAYS, COASTING OIV 338 Apprentices, masters of answerable for penalty for . . . 338 Minors, parents of, answerable for penalty for 338 Penalties for may be imposed by sessions 338 Regulations for preventing, sessions may make.... 338 Highways, Surveyors op. Suvreyors of Highways and Highway Labor. 254-6-7 Holidays. See Statutes, Promulgation, ^c. * Hombstp.ads AND Fbf.e Gbants. See Crown Lands , 90 Houses. See Animah, CeHain going at Large 337 HORSES A1W]> CATTI.I:, STRAY. 336 Application of proceeds of sale of, to use of poor 336 Description of, with marks, &c., to be sent to town clerk 336 Disputes as to expenses or ownership, how settled. 337 Fees payable by owner, when property claimed before sale 337 Fine for not proceeding according to chapter, after detention 337 Notice to be given by finder to town clerk, &c 336 Proceedings when found and detained 336 where no claimant appears 336 Sale of authorized within what period 336 notice of , ho w long to be posted 336 Section 9, not to apply to the City of Halifax 337 Sessions; bye-laws and regulations may be made by, &c. 337 Penalties for breach of , affixed 337 Town clerk ; duties of, and fees payable to 33ft GENERAL INDEX. 669 PAGE. HORSES INFBCTED 337 Regulations concerning, §oing at large 337 Sessions may affix penalties for 337 Where no property, defendant imprisoned 3B8 Hospital FOE Insane. See Lunatics, ^c 210-1-5^7-8 HoDSE OF Assembly. Elections, Controverted... 18 General Assembly, Duration, ^c 9 Husband. See Married Women, Protection ojf. 385-6 Witnesses and Evidence 646 I. ICE, ROADS OVER 338 Cour.ie of, defined by bushes, marks, &c 338 Expense of marks, &c., to be a county charge 339 Bfigulations, made by sessions concerning 338 penalty for breach of, how applied 338 Illegal Impbisonment. See Liberty of Subject 558 Sale. See Intoxicating Liquors, etc 346 IMMIGRAIWTS 366 Agent, appointment and duties of , A-c. 356 authority of, to draw moneys from treasury 356 books of entiy to be opened and kept by 356 correspondence to be conducted by 355 crown lands to be placed at disposal of 356 guardian of immigrant orphan children 355 instructions to be issued to from Governor in Covmcil 355 license of occupation issued and recorded by 856,357 IJlans of crown lands to be furnished to 356 quarterly accounts to be kept and rendered by / 356 report of proceedings to be made annually by 356 returns of licenses to be made by annually 357 salary of fixed at eight himdred dollars 355 Bond, for purchase-money, how to be given by 356 Canadian legislation not contravened 357 Crown lands ; applications for received and referred 356 commissioner to lay off in lots for settlers 356 grant of, when to be issued to 356 plans of, to be furnished to agent 356 purchase money to be expended on roads 356 surveys of to be made, and credit allowed 356 License of occupation ; agent to execute and deliver to immigrant 356 bond to be executed before delivery of 356 forfeiture of, and mode of proceeding in case of 357 issued and delivered before possession taken 356 lines of lot to be run out, blazed and cornered 356 not transferable or extendable under execution .,,... 357 registry of by agent provided for 357 returns of to be made annually to commissioner 357 Purchase money ; how secured by bond, &c 356 proceedings on failure to pay 357 time allowed for payment of 366 to be expended in opening roads , 356 Impaklanck. See Supreme Court, Pleadings, etc 468 Imperial Attobney OR Barrister. See Barristers, etc. 439, Impounding or Cattle, Fences, &o. Fences, Fence Vieiuers, etc. 136 Imprisonment. See Railroads, Provisions, etc 272 Improvement. Lands, Partition of ...... 574f Incapacity &c., of Trustee. See Trusts and Trustees 590 Inconsistent Statements. Witnesses and Evidence 547 Incorporated Sureties FOR Officers. See Officers, etc., 284 Indbnturb. See Masters, Apprentices, etc 388 670 GENERAL INDEX. PAGE. Indexes. See Deeds, Sro., Seffidry of 360 Indians. Intoxicating Liquors, etc. 349 Indictments. See Sessions, General, etc 109 Infant TRnsTEE. See Trusts and Trustees 588 Jnfected Cattle AND Horses. See Animals, Certain, etc 337 Infectious Diseases. See Boards of Health 157 Injunction. See Equiti/, Procedure 530-1 Inquests OF Office. See Escheating Lands, 8fc 583-4 Inquikt, Writ op. Supreme Court, Pleadings 453 Inquisition. See Coroners 106 Insane Pauper. See Lunatics, Custody, 8[e. 213-5-6 Poor, Settlement, ^c 190 Persons. Limitation of ActioTU.. ' 560 Lunatics, Custody 206 Insanity. " " 212 Insoltenct. Joint Stock Companies 280-2 Probate Court 406-8 Inspection OF Documents. See Supreme Court, Pleadings 467 Property. ' " " " 478 Inspector OP Mines. See Mines and Minerals 22,23 Mines, Regulation of 67-9, 78, 80 Inspectors, General. See Highway Labor 258 School. Public Instruction 163,182-3-4^5 Institutes AND Associations, Library. See Library , ^c 285 Instruction Public, See Public Instruction 163 Insurance. See Corporations, General Provisions 278 Intemperate Persons. See Intoxicating Liquors, Hfc 350 Interest, See Supreme Court, Pleadings 481-8 Illegal. See Limitation of Actions 560 Interests IN Lands. See Frauds and Perjuries 374-6 Lands, Sale of under Execution 580-1 Interlineation. See Wills of Peal and Personal Estate 367 Interpleader. Supreme Court, Pleadings, S^c 502-3-4 Interrogatories. Witnesses and Evidence 536-8 Intestate. See Descent cf Peal, ^c, Estate 371-2-3 Intoxicating Liquors. See Elections, Cori-upt Practices at 10 Jails and County Buildings 130 IWTOXICA-TIWG MQUORS ; l-ICEWSES FOR THE SAX,E OF 343 Actions on appeal bond ; when to be brought 351 for ofienoes against chapter, when to be brought 351 Agent for sale of liquors, how appdinted, compensation of, &c 351 lists to be kept by, and return made 351 member of temperance organization 351 not to be interested in profits 351 ofiBcial desigilation and title of 351 penalties for violation of duty by 351 prosecution by in certain cases 352 tenure and term of office of 351 Appeal bond, how to be given, and form of, &c. 348,354 Appeals granted as in summary trials 348 Bond, form of, and with whom to be filed 345,353 registry of by clerk of peace provided for 346 to be entered into, before license received 345 Certiorari, bond for, how to be given 348 form of bond on issue of writ of 354 Charge for liquors not recoverable if under one gallon 346 Child, sale of liquor by, considered act of parent 849 Clerks of license ; accounts of, how and when rendered 347 appointment of, how made 343 bonds to be given by, and how 343 duties of deiined and specified 344,345 licenses to be registered by 346 may destroy liquors in certain cases 345 enter premises of suspected party 344 GENERAL INDEX. 671 PAGB. IlVTOXICATIRiG X.IQIIORS, &c.— Continued. Clerks of license ; prosecutions by, compellable in certain cases 348 remuneration of , fixed by sessions 346 sworn into office before whom 344- vacancy in office of, how supplied 344 Clerk of peace ; licenses to be registered by 346 remuneration to fixed by sessions 346 Coroner prohibited from holding license 346 Costs of prosecution, how borne in certain cases 349 Definition of term " original package " 344 Defence to suit, what may be set up as 350 Defendant, when entitled to continuance '. 350 Duty on, how fixed and when payable 346 to whom to be paid over, &c. 347 forms, schedules containing 352 to 365 Gold district, licenses not to be granted in 346 liquors found in may be seized, &c 345 Halifax City ; chapter applicable only in certain cases 362 Illegal sale, penalties to be cumulative for 346 Indian, sale to prohibited, and penalty for 349 Intemperate persons, penalty for giving or selling liquor to 350 sale to unlawful after notice 350 Jaillimits, not allowed to party imprisoned 351 Justice, may continue cause in certain cases 349 not to hold shop or tavern license 346 penalty on, for purchasing in certain cases 349 selling in violation of chapter 362 License ; form of shop and tavern 352,353 free, granted under what circumstances 345 granted only on recommendation, petition, &c. 344 not granted in gold district or railway limits 352 held by coroner or justice of peace 346 registry of, to contain what particulars 346 sessions may refuse in certain cases 844 shop and tavern only to be granted 345 restrictions as to qujintity to be sold, &c. 346 tavern, regulations to be observed by holder of 346 Mail carrier, not to carry in vehicle with maUs 349 penalty on for violating provision 349 Married women, liable for breach of chapter 347 ilinors, sale to prohibited under penaj^y 349 New trial ; court may impose terms on granting 848 Original package ; meaning of words defined 344 Particulars, need not be attached to writ 350 Penalty ; for bribing or intimidating witness 349 exposing goods for sale in tavern 847 gambling or raffling in tavern 347 illegal sale of liquors, cumulative 347 keeping disorderly tavern, &c. 346 tavern vrithout sign, &c. 346 non-attendance of witness under subpoena 348 obstructing clerk of license, &c 844 receiving goods, &c., from servants, &c 847 sale by justice of the peace 852 wife, child or servant, &c. 347,349 on Sundays, except to lodgers 346 to intemperate persons after notice 350 minors or Indians .^ 349 sign, where no license granted 346 want of accommodation for travellers 346 on agent for sale, or neglect of duty 351 justice for purchasing liquor in certain cases 343 mail carrier, for conveying with mails 349 married women, (fee, in certain cases 847 672 GENERAL INDEX. INTOXICATllVG lilQUORS, &c.— Continued. Penalty ; recovery of, and forms to be used 347 to whom to be paid, and how disposed of 346 Prosecutions ; limitation as to commencement of 351 Prosecutor, in what cases indemnified 349 Railway limits ; licenses not to be graiited in 352 liquors may be seized and destroyed 351 Receiving goods from servants, &c., or in pawn 347 Registry of bonds and licenses regulated 346 Schedule of forms to be used ... 362to356 Shop license ; restrictions as to quantity sold under, &c 346 Summons ; amendment of provided for 348 particulars not required to be attached 350 proof of sale to, persons not named in 360 service of, what sufficient 351 statements in, what Imnecessary 350 Tavern ; penalty for not having sign placed on 346 regulations for conducting, &c 346 Variance between proof and summons, not fatal 349 Witness entitled to fees tor attendance, &c 349 penalty for interfering with, &c 349 non-attendance of 348 lirvENTOKT. &6e Probate Court 397 Issue, ^ee Statutes, Promulgation, ifc 3 Wills of Real and Personal Estate 369 Legitimate. &ee Marriages, Solemnization of 378 OP Fact. See Supreme Court, Pleadings, ^c 477 J. Jail. See Staivtes, Promulgation, Sfc 3 Limits. See Infoxicattnff Liquors 351 Jails and County Buildings 130 •Jailer. See Costs and Fees , 622 Jails and County BuMings ... 130-1 JArL,(i AjVD other COUiVrY Bl}IL,»IMeS 130 Jail limits, &o., to be fixed by supreme court 130 Jailer ; direction and control of conduct of 130 not to furnish spirituous liquorat&c 130 penalty for furnishing liquors 130 prosecution to be in name of clerk of license 130 salary and fees of regulated by sessions 131 to post copy of jail regulations 131 erection and repairing of provided for 139 Limits of jail yards to be fixed by supreme court 130 Lock-up houses ; keepers of to be appointed by sessions 131 persons arrested under warrant, confined in 131 Orders concerning, made by sessions in certain cases 1 31 to be sent to supreme court for approval 131 when in force, to be posted in jail 131 Penalties on jailer, for furnishing spirituous liquors 130 on second conviction, dismissal 130 prosecution to be by clerk of License 1 30 Physician may prescribe liquors for sick prisoners 1 30 Sessions may regulate jailer's salary, fees, &c 131 Spirituous liquors, forbidden within jail limits 130 where house within limits, exception 130 Supreme court, power of as to orders of sessions 131 J OINDEB. See Supreme Court, Pleadings, l;c 458-9, 472, 600 Joint Contractors. See Limitation of Actions 559 Debtors. Supreme Court, Pleadings 500-1 Stock Companies. See Assessmtmtt, County 125-6 GENERAL INDEX. 673 PA OB. aOlKT STOCK. COMPAIWIES. 279 Agreement to be signed by shareholders, fonn of 283 Books of company ; stockholders' names to be entered in 281 Bye-laws, how certified, transmitted, and filed 281 Declaration, on formation of, what to contain 279,282 signatures to, how authenticated 279 in duplicate, necessary 279 where to be filed. &c 279 Directors, liable, if dividend paid out of capital 280 may declare capital insufficient.. 280 objecting to payment, exempt in certain cases 280 Dominion of Canada ; legislation of not to be contravened 282 Gas or water companies not to be formed in Halifax 282 Incorporated on making, signing, and filing declaration 279 Insolvency ; court may appoint receiver in case of 282 directors liable, if dividend declared, in case of 280 Liability of shareholders, after transfer of interest 280 Meeting for increasing capital. bye-law may be passed by directors at, &c. 280 contents of declaration to be signed by shareholders 281 declaration to be signed in duplicate and filed 281 half stock must be subscribed before declaration filed 281 proceedings at ; stockholders to pass resolution, &c. 280 Receiver appointed by supreme court, his duties 282 Eegistry of deeds ; bye-laws and transfers to be filed in 281 certificate of paid up capital filed in 279 declaration must he filed in 279 Restriction, as to companies to be formed under chapter 279 Stock, new ; declaration as to, how made, signed, &c 281 half must be subscribed, before declaration filed 281 how subscribed for, and taken up 281 proceedings at meeting for 280 twenty-five per cent must be paid up 281 When to go into operation under chapter 282 Winding up affairs of, proceedings relative to 282 -.lOIIWT 'ffESrAWCY AN1* TENA'KW ISf C0»IIf50I« 365 Estate to two or more, held tenancy in common, &c 365 Exception when estate vested in trustees or executors 365 Operation of chapter to be retrospective ., 365 JocKNAL OF AGKicTJLTnKE. See AgricuUwre, Encouragement of 222 Jci)6E. See Arbitration. 595, sqq Juries . 431-5 Justices, Protecticm of ...., 606 Marri^ Women, Protection of 384 Stupreme Court and its Officers 391 Witnesses and Evidence 648 Judge OF Probate. See. Costs and Fees 618 Guardians and Wards 386 ProbateCourt 395.407-9,410 Judgment. See Absent or Absconding I>ebtors 551-3 Deeds, ^c, ReajMiy of 361-2-3 Justices, Jurisdiction of 418-9 Lands, Partit.imi of 574 to 577 Lands, Sale of undei- Execution 579 LimUation of Actions :.. 562 Municipalities ...... 307 Supreme Court, Pleactfngs 436,462-8,470-1-3-6,480-1-3-8 Wunesses and Evidence 541 BT Default. See Supreme CouH, Pleadings 454-5,468 IN CASE OF Death, &c. " " 460-1-2 Ejectment " " 402-5-6 Judgments, Country. See Supreme Comt and its OJliler^ 394 Judicial District Courts. &ee Municipalities 308-9,310-1 42 674 GENERAL INDEX, PAOE, JURIES 426 Amendment of jury lista provided for 436 Canadian legislation, not to be contravened 436 Challenge without cause allowed, and to what extent 435 Clerk of peace ; duties of prothonotary when performed by 436 lists to be received and posted by, &c. 428 Committee ; appointed by sessions to ptepare and revise lists 427 chosen biennially, but to hold office until, &c 429 duty of, to prepare, revise and transmit lists .,427 Halifax county ; additional for special jurors 427 lists valid, if majority of act in making, &c 427 remimeration to, for revision of list, &c 428 penalty on for neglect of duty, &c 428 when special sessions may appoint 428 Counties or sessional districts ; how to be divided 427 County treasurer ; fees, fines, &c. to be paid over to by prothonotary 434 receipts and payments to be laid before sessions by 434 Exemptions, from serving on, list of 426 jurors only liable to serve once in three years 427 Fine fornon-attendance ; how levied, paid over, &c 433 Food and comforts ; juriesnotto be deprived of 434 Form of return of revising magistrates 429,437 Grand jurors ; committee to revise lists of, appointment, &c 427 duties of 427 exemptions from serving as, (fee. , 426- fine, for non-attendance of 483 relief from how obtained ... 434 foreman of , how chosen and sworn 430 .how drawn and summoned, &c. 429 for sessions duties, &c 436 lists of , to contain names, additions, &c. 427 separate to be returned to sessions 436 what considered a full revisal of 428 names of , to be placed in separate boxes 429,436 oath, form of, in sessions 436 qualification of, defined 426 proceedings where sufficient number do not attend 483 two-thirds may make presentments, &c 431 Guysborough sessions ; grand jury for, how drawn, &c. 430 Halifax ; extra panel of petit jurors, may be drawn for 482 panel for criminal trials at, how drawn, &c 432 panels for sittings at, how drawn and summoned 432 what number to consist of 432 second panel for sittings, how drawn, summoned, &c 432 special jurors, list of to be prepared and revised 427 list for sessions at, how prepared 429 Illness of juror ; after sworn, proceedings in case of 435 Impannelled, when not to discharged 433 ■Judge; in case of illness or absence of, &c., jury how drawn 431 or court may amend lists of jurors, &c 435 Jurors ; designations of, to be written with their names 429' Justices; associated with prothonotary, grand jury drawn by 429 petit " " 430 slips may he examined by 431 committee of, to prepare and revise lists, &c. 427 full revision of lists by, what considered 428 lists to be valid if majority act in revision 427 remuneration to, for services in revising 428 penalty on for neglect or misconduct , 428 when special sessions may appoint 428 Lists ; alphabetical copies of, where to be posted, &c 427 corrected copy, furnished to prothonotary 428 prothonotary's duty respecting ' 428 •court or judge may amend 430 GENERAL INDEX. 675 PAGE. .IITRIES— Continued. Lists ; f 01 Halifax sessions, how prepared, &c. • ■ • • ^29 form of revised prescribed .... ■ • • • • ■ • ■ 429, 437 names, additions, &c. to be stated in ... . ■ • . . • • • • 427 to be added to and struck from .... .... - • • • • ■ • • 428 of actual attendance, travel, &c., how made out, &c 434 penalty for improperly inserting names, &c. .... ■ • • • • ■ • 428 when drawing omitted for any cause, proceedings ... . • • • 428 Number, in civil cases, and who may return verdict, &c • ■ ■ • • • • • 434 criminal cases not reduced .... .... 434 Oath of grand jurors in sessions ; form of .... . . • • • • • ■ 436 Panel ; called on first day, absent jurors fined ■ • • • ■ . • • 433 certain counties to have two drawn, &c . • . . • • • • 432 of what number of jurors to consist, &c .... . . • ■ 432 second when not called, name to be returned .... .... 433 Payment of jurors ; accounts of kept by county treasurer .... .... • • • • 434 fees towards providing a fund for... .... .••• 434 petit and special, travel, &c., regulated ••■• 434 to be made by treasurer out of county funds. . . . 434 Petit jurors ; contents of list, of what to consist 427 fine for non-attendance, how levied, &e . ... 433 how drawn and called on trials .... .... 435 summoned to attend .... .... 430 not to be deprived of meat, drink, &c •... 434 number of in civil and criminal trials - . . . . . . • 434 payment for attendance and travel .... .... 434 qualification of defined ... .... .... 426 second panel not called, names returned .... • . • • • 433 sufficient number not attending, procedure • . • • 433 Prothonotary ; alphabetical list to be posted in office of 428 corrected list posted and names drawn marked .... .... 428 duties of, clerk of peace to perform when, &c... • • • • . • • • 436 fines received, retm-ns to be made by, &c • • • • 433 jurors' names to be placed in boxes, '&c . . . . .... 429, 436 lists of jurors' attendance and travel made by • . ■ . .... 434 Qualification of grand and petit jurors 426 Saint Mary's district ; grand jury, how drawn for sessions 429 liability of jurors to attend supreme court. . ■ • • 429 Schedule of form of return of revising magistrates. 437 Sections ; division of districts into by sessions regulated 427, 435 Special jury ; court may order trial by, upon motion 431 how drawn and called on trial. .... .... 435 struck, summoned, &c.... .... .... 431 list for Halifax county how prepared, &c. 427 non-attendance when called, fine for 433 Tales de Circumstantibus ; awarded at instance of either party 435 .JiTBiSDiCTiON. See Equity, Procedure 620-1 Justices, Protection of ... 605-6 Streets, Commissioners of 261 to 265 Supreme Court, Pleadings, Sfc 447 Trusts and Trustees OF Justices in Civil Cases, .Jurors. See Costs and Fees. ■ ■ • Jury. See Coroners . Forcible Entry and Detainer Justices, Jurisdiction of 414- Supreme Court, Pleadings 455, 475-7, Lists. See Juries. • 427-8- Municipalities .... .... .... .... .... .Justices. See Arbitration. Assessments, County .... .... .... Coroners •••• •••• . . • • .... .... Corporations, General Promsiom Respecting .... .... Cods and Fees •■■• .... See Justices, Jurisdiction of, Sfc. ■ 414 613, 622 106 .... 683 6-7, 423-4 481, 496-9 ■9, 434-5-7 .... 310 595 111, sqq 107 .... 275 .. 620-1-2 676 GENERAL INDEX. JosTioBs. ^& Intoxicating Liquors Juries Municipalities Hoads, Expenditure of Moneys on Sheriffs Statutes, Promulgation, Src Tovmships, Certain County, Sfc Various other chapters. JUSTICES, JVRISUIC'llON OF TX CIWl, CASES. Action, cause of; particulars to be filed before writ issued. Affidavit for capias, what to contain, and form of of service of writ, when necessary, &c on appeal, by whom made, and what to contain form of prescribed Appeal; affidavit on by whom made, and form of bond to be given by appellant, and form of justice to return papers to prothonotary parties confined to original case proceedings by appellant, justices, &c sureties to bond may render appellant Arrest; bail in case of, provisions respecting defendant, perfecting appeal discharged from female or minor not liable to not allowed for debt under four dollars Bail ; party arrested entitled to be admitted to Bail-bond, on arrest under capias, form of Capias; affidavit to be made before issue, and form of ' arrested party admitted to bail, &c, perfecting appeal discharged present during trial of cause delivered to defendant how long before trial form of writ of how directed and by whom executed notices to be endorsed on,, and form of return of writ how made and form of Causes; between what hours to be tried justices may continue, if necessary mode of conducting regulated Constable; affidavit of service of writ by, when required duty of, on levy and sale under execution fees of travel for taking arrested party to trial,. &o., ... for want of goods ; to arrest defendant forfeiture on, for neglecting to return writs, &c not paying over monej's not to purchase goods at sale held by him returns to be made by, and forms of. ...... Costs ; successful party entitled to in all cases Escape ; sheriff not liable for, in what case Execution ; duty of constable in levy and sale under, &c forfeiture for not returning, paying over moneys, &c. . . issue of, after one j'ear, provision respecting in case of death, &c., of justice, provided for.. made returnable in thirty days proceedings on levy and sale, return of, &c unsold goods to be restored to owner, &c Forma ; schedule containing Judgment ; proceedings on appeal from ^ Jiurisdi'ction, of justices, regulated as to amount Jury; application to obtain, either party may make and when....i. challenge for cause made, vacancy how filled fine for non-attendance, and how enforced how summoned, and form of venire.. sworn and proceedings until verdict Oaths of constables, jurors, witnesso3, forms of t>AGK. .. 346-9, 3S2 427, sqq 300-1-9 251 105 2,4 135 414 414 415,421 415 418 424 418,424 419, 425 419 419 419 419 415 416 415 415 415 424 415,421 415 416 416 415 421 415 415, 420, 421 415,423 416 416 414 415 418 416 416 419 420 418 422, 423 417 416 418 419 418 417 418 418 418 420 to 425 418,419 414 414 417 416 ■116,422 416 423,434 GENERAL INDEX. 677 PAGE. JUSTICES, &c.— Continued. Particulars of claim ; how annexed, filed., served, &c 416 if not confessed must be proved 417 proof of plaintiff confined to 417 set oH ; how and when filed, served, &c 417 judgment how regulated by amount of 417 proof confined to statement of 417 Process ; regulations concerning the issue of, &c 420 Sale of goods under execution, how conducted, &c 418 Stipendiary magistrates ; jurisdiction of defined, &c 420 Summons; aifidavit of service of, when required 415 copy of , when to be served on defendant 415 not to issue without statement filed 414 particulars of claim to be annexed to 415 retvirn of constable, how made, sworn to 415 writ of, how directed and by whom served 4Z6 Tender, effect of, where made before action brought 417 Trial ; arrested party to be present at 416 conducted as summary in supreme court 414 hours for, and how continued 416 Witness, one suiBcient where action not confessed 417 Justices, how Compelled to do Duty. See Justices, Protection of. 608 JIUSTICES OF PEACE, PHOTECTIORI OF 605 Act, justice how compelled to perform, when part of duty 608 Action against justice for act within jurisdiction to be action on case 605 a month's notice of , given to justice ; how 606 brought contrary to chapter to be quashed by judge 606 how affected by tender of amends or payment into court 607 justice not liable to for acts done under rule of supreme court 608 limitation of 607 malice, &c., must be alleged and proved in, when 605 need not be alleged where act not within jurisdiction 605 not to be brought against justice innocently issuing warrant on defective conviction, order or rate 606 in certain cases 606 until conviction or order quashed 606 plaintiff in, non-suited where certain facts not proved 607 to recover only nominal damages in certain cases 607 when to recover full costs 608 proceedings in where amends tendered, &c - 607 venue of in coimty where act committed 607 Allegation of malice and want of cause, when necessary 605 &c., when unnecessary 606 Amends may be tendered after notice and before action 607 Conviction must be quashed, before action against justice 606 Costs 607,608 Damages, when only nominal recovered, and no costs 607 recovered with full costs 608 Duty, justice how compelled to perform 608 Judge may set aside proceedings had contrary to chapter ; costs 606 Jurisdiction, actions for acts within, to be on case, and malice and want of cause alleged 605 without,not to be brought until conviction quashed 606 in actions for acts without, malice, &c., need not be alleged 606 Justice, how compelled to perform duty 608 Limitation of actions against justices 607 Money may be paid into court after action brought 607 paid into court, how disposed of 607 Notice of month to be given justice before action ; how 606 Plaintiff, how affected by tender or payment into court 607 must prove notice, time, venue, &c 607 when entitled to full costs 608 to recover only nominal damages 607 Proceedings ia ease of tender or payment into court 607 678 GENERAL INDEX. JUSTICES OF PEACE, &c.— Continued. Proceed ings to compel justice to perform duty Eule of supreme court, justice not liable to action for act done under .... may issue ordering performance of act by justice Supreme court may compel justice to do duty Venue to be laid in county where act committed Warrant, -when no action against justice issuing for acts done under .... Justices' Roll, ^ae Clerk of Peace Justification OP Bail, ^aa Supreme Court, Pleadings PAGE. .... 608 608 .... 608 608 .... 607 606 . 101-2 474-6 K. Kebpeb. See I/iberty of Subject Kin. Poor, Settlement, S^c Kindred. Descent of Meal and Personal Estate King's County. &eei Municipalities 557-8 190 ... 372 31,'i L. Lab OB. See Sewers, Dyked and Marsh Lands Labok, Highway. See Highway Labor Soads, Expenditure on Streets, Co?nmissioners of ON ABE AS. Mines and Minerals Labobees. Roads, Expenditure of Moneys on. 233 253 249 sqq . 265-6 27-8-9 252 Land and Agbicultubal Cobpobations. "See Agricultural and Land Corpora- tions 226 Landings, Public. See Bridges and Public Landings 269 Landlobd AND Tenant. See Forcible Enti-y and t)etamer 582-3 Rent, Distress/or 585-6-7 Lands. Arbitration 599 Fences, Fence- Vimoers, ^c 136-7 Frauds and Perjuries 375 Limitation of Actions 560 to 564 Public Grounds, Supervisors of 820 Property, Trustees of. 318-9 Soads, other than certain Or eat 247 Sewers, Dyke and Marsh 232-3-4-7 Statutes, Promulgation, 8fc 3 Trusts and Trustees 589.591 230 360 583 84 570 571 571 571 570 571 571 571 571 573 570 572 572 572 '.. 573, 574 574 Lands, Dyked and Mabsh Bncumbbancbs on. See Sewers, Dyke, 8fc. Deeds, ifc. Registry of Fobpeited to Cbown, Escheat of. See Escheating Lands of the Cbown. See Grown Lands LANDS, PAKTITIOI* OF Absent parties ; notices to, how to be given, &c publication of ordered by court proceedings in cases of, how conducted Amendments, in proceedings, allowed at any time Appearance ; court may order further notice for want of may be joint or several by defendants of person not named in petition ; procedure in case of procedure where no opportunity for putting in rights of party not appearing, how affected, &c. Application for, by whom and how to be made Commis.xioners ; appointment of, after passage of rule before whom sworn, and to what effect certificate of oath to be made on warrant duties of, prescribed and defined when new partition ordered GENERAL INDEX. • 679 PAGK. I.A1«I>S, &c. -Continued. Commissioners ; expenses of, liow ascertained and allowed 576 notices to be given by and to whom, &c 572 procedure by, where property not easily divisible „ 572 returns by, how confirmed, filed, made, &c. 574 may be set aside by court, &c 574 three to meet ; acts of two to be valid 672 Continuance may be ordered where party absent 571' Costs of proceedings, how taxed and by whom paid 572,576 Counties; where lands lie in different, what proceedings 573 Death of party, need not abate suit ; procedure, &c. 576 Default, proceedings in case of, regulated, &c 572 Defendants may appear and plead, jointly or separately 671 Division ; in case of intestacy, or under will, in certain cases 577 when cannot he made by metes and bounds, procedure 577 who compellable to make under chapter 570 Duration of, as between tenants for years' 570 Guardian ; court or judge may assign in certain cases 571 Heir or devisee ; rights of, h ow affected in certain cases 576 Heirs declining to accept estate, &c., procedure in case of 677 Improvements ; compensation for, on new partition 574 Judge, order of, when liable to be rescinded, &c 677 power of to direct execution of deed in certain cases 577 Judgment, final, upon whom and to what extent conclusive 574 lien by mortgagee, release partial, not to affect validity of 579 year must elapse from registrj' of, before levy 579 Levy ; appraisement not necessary to be made under .....581 compellable by subsequent creditor, after year 581 if not made after notice, prior creditor loses preference 581 may be on whole or portion of, within county 581 plaintiff may order on what land to be made 581 on interest of mortgagor, or cesim' ffwe fo-Msi 580,581 Mortgagee ; certificate to be given by, its form and effect 580 may be purchaser at sale ; rights of, &c 580 Mortgagor; interest of, may be levied on and sold 580 vested in purchaser at sale 580 Purchaser, shall become landlord of tenants ; rights of, &c. 582 what rights, &c., vested in by sale, &c 580 Royal Oazette ; advertisement published in, how long, &c. 581 Sale ; within what time after advertisement, &c 581 Sheriff's deed ; its effect, and presumptive evidence of what 581, 582 Surplus proceeds ; by whom retained and how paid 582 Titles; made previously to 10th April, 1841, provision respecting 582 LANDS, SAI.E: OF UNDFR FORECI^OSITRE OF RfORTCiAGE. 57& Absent or absconding debtor; procedure where mortgagor may be 578 'vphen entitled to rehearing, &c 579 Actions for money secured by mortgage ; payment into court in, effect of 578 reconveyance when ordered 578 Advertisements: how and for what time to be made 578 Court, supreme ; one judge may exercise power of; exception 579 powers of court of chancery vested in 679 when may coilipel reconveyance to defendant 578 Deed of sheriff ; effect of, and of what presumptive evidence 679 Defendant, entitled to reconveyante in certain cases. 578 rehearing in certain cases 579 Ejectment ; proceedings where mortgagor absent debtor, &c 578 Notices to be given; where others interested besides mortgagor. 578 within what time necessary to be served, &c 578 Possession ; writ of, may be awarded upon judgment 579 Sale; advertisement of how made and for what period 578 court may order in default of payment. 57& proceeds of, how to be paid and applied. 579 Sheriff's deed ; effect of as respects purchaser at sale 679 presumptive evidence of certain facts 579 Lapsed Legacies. Hbb WiUs of Real and Personal Estate 36S Laying out and Management op Certain Great Eoads. See Roads, Certain Great, ^c 242 OF KoADS Other than Certain Great Roads. See Roads other than certain Great 24tt Lkases. See Deeds, Sfc, Registry of ^ 364 Frauds and Perjuries 376 Mines and Minerals 24 to 51 Public Property, T^iisteesof, 318 Legacies. See Sxecutors, Administrators, and Trustees 554 Liinitation of Actions.... 5G4 Probate Court ...... 399, sqq Wills, i^c 366, sqq GEl^fBRAL INPEX. 681 PAGE. Legatee. Baft Executors, Administrators, ^c 554 Probate Court 395, sqq WHls,8rc 366, sqq Legislation OP Canada, NOT Contravened. See Canada, ^c Lbgislative AND Executive Disabilities. Disabilities, ire 7 1.EGISI.ATIVE COU1VCII.I.ORS 7 Appointment of, vested in Lieutenant Governor 7 Seats of vacated, by absence for two sessions 7 acceptance of certain ofBces 7-8 Xegislaturb, DisQUALuricAxiONS FOK. &ee Electims, Corrupt Practices at 12 Disabilities, Executive, ^c. 7,8,9 Letters OP Guardianship. Bee Guardians and Wards 387 Levt. See Lands, Sale of unde)- Execution 580^1 Supreme Court, Pleadings, Sfc 486-7-8 Liability of Shareholders. See Joint Stock Companies 280 Trustee. Trusts and Trustees 592 Libel. See Supreme Court, Phadinqs, Ice. 469 I.1JBE»TY OF THE SUBJECT 556 Canadian legislation not to be conflicted with 558 Certain imperial acts to be in force in province 556 Civil remedy of party illegally imprisoned, provided for 558 Common law right to /ja5eas co?7>MS not abrogated, &c 556 Court and judges to have same power as in England 556 or judge may grant Aa6e«s coj^ms 556 order instead of writ 556 require production of proceedings, &c. 657 Discharge of jDrisoner by keeper, regulation concerning 558 Equitable principles may be applied in motions, &c 556 Exemption of keeper from action in certain cases 658 ilabeas corpus ; application for writ, how made and granted 556 common law right to, not abrogated, &c 556 court, or single judge, may grant 556 power of, as regards proceedings, &c 557 equitable principles applicable to motions for, &c 556 Illegal imprisonment, civil remedy for not ailected 558 Keeper; discharge of prisoner by, in certain casas, provided for 558 exempt from civil action in certain cases 558 return to order, proceedings after making 557 to be made and how enforced 657 to communicate order to prisoner and furnish copy 557 Neglect or disobediencs of rule, &c., how pu'nishable 568 Order, copy of to be furnished to prisoner by keeper 557 granted instead of An6efl!« cormts, and effect of 566 proceedings had after keeper s return to 557 return to, by keeper; how made and enforced ; 557 may be decided on by another judge 558 Rights, remedies, &o. , extended to inha,bitants of province 556 Supreme court ; powers of English court, conferred on 557 Librakies, School. See Public Instruction 164 UBRARY ASSOCIATIONS AMD IIVSTITUTES 286 Affairs of corporation managed by directors and trustees 286 Bye-laws, how made ; not to conflict with declaration. ...... 286 produced in evideiice in action 287 Corporation may combiije asspciati on ancl institute... 287 members of, competent witnesses, &c 287 Declaration, duplicate, of intention to form, bow made 285 filed in office of registrar of deed|8 285 registrar to certify and re-deliver copy of 285 statements necessary to be contained in 285 to be in duplicate, execution how to be proved 285 what sum necessary for formation of , 285 Directors ; election and term of ofHce of 287 Election of officers and trustees ; how and when mad,e 286 Fine for contravening bye-laws, &c ...... 287 682 GENERAL INDEX. PAGE, I.IBRARY ASS0CIATI01VS, &c.— Continued. Fine, how recoverable and applied 287 Formalities being complied with, incorporated 285 Incorporation of associations, &c., already eatabliahed 286 Meeting, annual; officers to be elected at, &c 286 Real estate ; limitation as to amount to be held by 286 Recovery of fines and subscriptions, mode of 287 Registrar of deeds to certify and deliver declaration 285 file duplicate in office 285 Trustees ; election of, when to take place 287 on failure to elect, those in office to continue 287 term of office of, limited 287 License. &&& Church of England. 139,141 Intoxicating Liquors, Sfc 344^5-6, 352-3 Marriage, Solemnization of . 379, sqq Fuhlic Exhibitions 335 OF Occupation. Sw, Immigrants 356-7 Prospecting. Min^ and Minerals 30-1 TO Practise. Medicine and Surgery 150-1-2-4 Search. Mines and Minerals 39,40 Sell. Probate CouH 399 Work. Mines and Minerals 40-1-2 Licensed Clergyman. Church of England 139 Mills Mines and Minerals 31 to 34 Licenses foe Sale op Intoxicating Liquors. See Intoxicating Liquors, S;e 343 Lien OF Mortgage. S>e^ Lands, Partition of 576 Life Insurance. Man-ied Women, Protection of 386 Lights, fiee Limitation of Actions 566 MMIT.iTIOi^ OF ACTIOSfS 559 Abatement for non-joinder ; issue on plea of, how found 559 Access and use of light for 20 years ; right indefeasible 566 Account, or for not accounting ; action when to be brought 559, 560 Acknowledgment, of title, what equivalent to 563 or part payment, effect of , &c 565 replication as to 565 to take case out of statute, in writing, &c 559 what necessary 559 Actions, against minor.i, 86 GENERAL INDEX. PAGE. .VI.4.RRI/1GE, SOliEMI^HZATIOW OF. 378 Actions for penalties, how to be conducted, &c 384 Banns, by whom and how published 379 Bond for marriage license, how given, &c 380 Bonds, issuer of marriage licenses to give 384 to receive from provincial secretary in blank 379 Claims under issue of confirmed marriages, valid 378 Clergymen; banns to be published by, unless, &c 379 fee payable for return of register of 381 marriage may be solemnized by, &c 379 particulars of marriages to be registered by 380 penalty for falsifying license, &c 382 Illegally officiating, Ac 379 not returning license 383 refusal to give notice, &c 382 solemnizing against chapter 38'J register of marriages kept and returned by 381 return of licences, how and to whom made 381 Definition of terms used in chapter 378 Deinity registrar ; appointed by governor in council and located 379 bonds and licenses in blank distributed to, Ac. . 379 definition of term as used in chapter 378 errors in registry of marriages, how corrected 380 jurisdiction of, limits how to be defined, &c 380 license applied for, how to be filled up by 380 issue of, to be recorded by in all cases 380 issued to, fees for, when and to whom payable. ... 382 receipt to be given for by 379 returns of under oath to be made by 382 marriages occurring in vicinity, ascertained and registered by 380 returns to be made by, and what to consist of 381, 382 penalty on for neglect of duty .....383 Envelopes enclosing returns, &c., how to be marked 381 Error in registry of marriages, how corrected 380 Fees for licenses, deputy registrars to aecount for, pay over, &c 382 payable before delivery of 380 retm-n of register of marriage by clergyman 381 Fines, &c., made payable to deputy registrars, how recovered 383 not payable to deputy registrars, how recovered 384 when recovered, how applied and paid 384 sued for, action how to be conducted 384 Forms, &c., for use, to be prescribed by governor in council 378 Issue, of marriages hereby confirmed, declared legitimate 378 Licenses ; by whom signed, and how distributed 379 clergymen to return, when and to whom 381 fees payable for, before issue of 3S0 how to be filled up when applied for. 380 issue of , and proceedings thereon recorded 380 issuer of, bonds to be given by 384 penalty for falsifying 382 notreturning 353 returns of, to be made and when 381, 3'8'i Marriages heretofore solemnized, declared valid '378 issue of declared legitimate, and claims valid 378 pending suits not to be affected, &c 378 proviso as to parties not authoilzed to enter into 378 register of by whom and how to be kept "380, 381 what persons authorized to solemnize 379 Penalties; for falsifying marriage license 382 giving fictitious statement of marriage 383 making false statement as to marriage 383 neglect of duty by deputy registrar 383 not returning license in proper time, &c 388 GENEEAT, INDEX. 687 PAGE. MARRIAGE, &c.— Continued. Penalties ; for refusing to give notice as to banns, &c 382 solemnizing marriage other than as provided 382 mode of recovery and application of 383,384 Eegister ; by clergymen, how kept, particulars, &c 380, 381 deputy registrar, how kept, &c 380 errors in, by whom and how corrected , 380 illiterate person, provision in case of 380 Mabeiages, Certain Declared Valid. See Marriage, Solemnkation of. 378 Maeeied Women. See Descent of Real and JPerstmal £state 373 Intoxicating Liquors 347 Limitation of Actions 660-3 Poor, Settlement, ^c, of 190 Wills, ^c 366 IWARRIEO -WOMEl* ; DEEDS BY 359 Acknowledgment, before whom and how made, &c 359 certificate of, by whom and how made 359 &c , to be registered 359 Execution of, abroad, how to be authenticated, &c. 359 under power of attorney, provided for 359 Eelease, may be executed by, separate from husband . . . 360 .WARRIED IPfOIUEIW ; PROTECTIOIV OF '" 384 Application By deserted wife, how and to whom made 384 Creditor may apply for discharge of order of protection 385 .seizing property of wife after order, how liable 385 Discharge, &c., of order not to affect existing contracts, &c. 385 Divorce; after order wife in same position as if decree for obtained 385 Husband, may apply for discharge of order of protection 386 ensure life, free from claims of creditors 386 seizing wife's property after notice of order, liable 385 Judge, if .satisfied as to desertion , may grant order 384 Life insurance ; husband may effect for benefit of wife, &c 386 Order, for protection of Tvife's property ; application for 384 entered with registrar of deeds where resident 384 existing contracts of wife not affected by discharge of 385 judge if satisfied of fact desertion may grant 384 reversionary interests of wife included in 385 time when desertion commenced, to be stated in 385 valid security for persons dealing with wife 885 Persons, &c., making contracts, without notice, how placed, &c. 386 Property, to be held by wife, after order, as /eme «ofe 384 Provisions to apply to property obtained as executrix 385 When order made, wife deemed as if divorced, &c. 385 Maesh AND Dyked Lands. See Sewers, Dyke, Si-c. 230 Maeshes AND Woods, Burning. See Woods, 8rc 332 Mastee. See Costs and Fees 617 Equity Procedure 522 Trusts and Trustees 590-3 MASTERS, APPRENTICES AWR SERVA1«TS 387 Apprentices, above 14 years of age, how to be bound 388 absconding, or guilty of misdemeanor, how punished 389 at what ages minors may be bound as 387 Complaint, for misconduct or neglect of master, how made, &c 389 hearing, and power of justices to afford redress 389 persons aggrieved may appeal from order 389 proceedings where complaint not maintained 389 Duity of parents, guardians, &c., respecting children bound out 389 Guardians ; duty of as respects children bound out '389 Indenture ; how certified, delivered and sealed 388 minor's copy of, by whom to be kept 388 terms of, &c., as respects pauper minors 388 Master ; proceedings in case of misconduct or neglect of 389 Minors ; above 14 years of age, how bound, &c 388 at what ages, male and female may be bound- 387 688 GENERAL INDEX. PAGK, MASTERS, APPRERfTICES ATWD SERTAIVTS— Continued. Minors ; how bound by overseers of poor, &c 388 pauper, how bound and on -wbat conditions 388 under 1 i years of age, how bound 388 Money, &c., allowed by master to be for benefit of apprentice 388 Overseers of poor ; duty of as respects minor paupers 388 Parents, duty of, as regards minors bound by them 389 MATBictTLATiojM. &e^ Medicine and Surgery ; 149 Medical Assistant. &q& Lunatics, Custody, $c 2U Pbactitioneh. Costs and Fees ' Q\4 Eegisteb. Medicine and Surgery 148 sqq ScpERiNTENDENT. See Lunatics,Src 211 UEDICINE AMD SURGERY; PltACTITIOlWERS IN 148 Annual meeting of provincial medical board, when held 155 Appointment of registrar and secretary of board 148,149 Books and accounts of board, open for examination 156 Certificate not valid, unless signer is registered 154 Definition of certain terms in chapter 163 Duty of registrar of provincial medical board 152 secretary " " " 148 Females, may practise midwiferj' in certain cases 155 Fine, for falsely pretending to be registered :■ 154 procuring, or attempting false registry 154 registrar making false entry 154 Fraudulent entry in register may be erased 153 License to practise; essential, and how procured.. 150,154 mode of procuring in certain cases 151 when examination, &c., not necessary 150 not to be refused in certain cases 162 Matriculation examination ; certificate of, how obtained 149 qualification necessary for 149 Medical aid ; may be given without license, when 155 register, to be published annually ; 149 what particulars to contain ■ 149 when receivable in evidence 149 Meetings of board, how held and notified 152 Moneys, to whom payable and how applied 152 Naval and military physicians, &c., not subject to chapter 155 Officers of board ; duration of term of ofl[ice 156 Penalty, for practising without registry or license 154 how sued for and recovered, &c 154 proof of right to practise, to be on defendant 154 Persons, obtaining higher degree ; provision for registry of 153 not registered, cannut recover charges, &c. 153 practising previously to 1850, entitled to registry 156 registered, may recover charges at law 163 when entitled, but neglecting to register, &c 152 Practitioner, convicted of felony ; provision respecting 153, Preliminary examination ; certificate necessary 149 Provincial medical board ; appointment and constitution of, &c 148 duties and powers of, defined 151 meeting of, annually at Halifax ; proceedings thereat 155 meetings of, hovy summoned and notified 162 rules and regulations, continued in force 162 vacancy in board, how filled, (fee 148 to whom to be notified 156 Public medical officer, &c , must be registered 1 54 Qualification, when to be entered on register 163 Register, medical ; annual publication of, provided for 149 , copy of , ^n'ma/acie evidence in courts 149 ^' name, &c., of praofilioner must appear in 149 qualifications necessary for registry in 150 what particulars to contain, &c 149 Eegistrar of board ; appointment and salary of , 149 GENERAL INDEX. 689 MCDICIMK AMD SURCERY, &c.— Continued. Registrar of board ; duties of defined H9, 152 forfeiture, for making false entry 156 Schedules to chapter 166 Secretarj' to board ; appointment and duties of 148,149 Suits, for forfeitures and penalties ; limitation of 155 MEETISfG-HOCSES; ASSESS.»lEi\[T FOR REPAIRS OF 147 Assessment, how to be made and apportioned, &c 147 notice of how to be given, &e 147 when necessary, further may be made 147 where not paid, pews may be let 147 Episcopalians or Wesleyans, not affected by chapter 147 Pews may be let, where assessment not paid 147 possession of, how to be given 147 ren-t of, how recoverable 147 when rent insufficient, further assessment 147 Meetings. 8ee Joint Stock Companies 280-1 Library Associations 286 Medicine and Surgery 152 Public Inst)-uction 166,181-2 Religious Gimgregations 142-4^5 Various other chapters. Members, ^qq Corporations, General Provisions 276 Disabilities, Executive, ^c 8 Mesne Prockss, Writs of. See Supreme Court, Pleadings... 4:^7 to 450, 453, 505-0, 510 Mills. See Pivers, Conveying of Timber, Jfc ;... 333 Minerals. See Mines and Minerals. 21 Mines, Regulation of 82 SIIWE8 AMD MIMBRAlrS 21 Commissioner and deputies, appointed by governor in council 21,22 bonds to be given by 22 deputies, ineligible to assembly, &c. 22 duration of office 22 not to be interested in mines 22 take part in elections 23 penalties for sitting, voting, &c 22,23 to have powers of justices in certain cases 21, 22 Commissioner's office ; when opened and closed 22 Inspector of mines ; appointment of 22 bond to be given by 22 duration of office 22 duties of 22 ineligible to assembly 22 not to be interested in mines 22 not to take part in elections 23 penalty on for sitting, voting, &c 22, 23 salary fixed by governor in council 22 Terms, used in chapter, defined 21 Title of chapter, alternative allowed 61 Goldmines 23 Alluvial, how laid out, &o -. 23 Appeal, from decision of commissioner as to fraud in books, &c 33 deputy to commissioner 36 commissioner to judge 36 supreme court 38,39 justice's decision 38 judgment final on, effect of 37 notes of testimony to be sent to prothonotary 37 questions of fact may be sent to jury 37 Arbitrators ; appointment of how made 25 assessment of damages by, how made 26 award of two, if certain, final 27 may appoint a third, if they disagree 26 must be sworn before justice of peace 26 43 690 GENERAL INDEX. MINES AND I«II1«ERA1,S— Continnea. Arbitrators ; notice to appoint, how to be' given 25 party paying under award.not further liable 26 unknown owners, &c., proceedings in cases of 26,27 Areas ; application for, how and to whom made, 24,29 books of record to be.kept 23^24 class No. 1, in quartz mines, how laid off '23 forfeited ; application for when receivable 37 form, of, and how laid out and measured 23 labor on yearly, how computed and regulated 28 plans with numbers to be prepared, &c 24 returns of applications to be made by deputies 24 Crusher ; builder of, exempt from royalty in certain cases 31 Damages ; applicants may agree with owner for 26 assessment of by arbitrators, how made 25,26,30 award of, if certain, not to be set aside 27 disputed or unknown titles, how paid, &c, 26,27 how recovered in case of prospecting license 30 licensees or lessees, liable for in certain cat;es 27 party paying under award not further liable , 26 Districts ; declaredand proclaimed by governor in council 23, 47 plans of, to be kppt by commissioner and deputies 24 record books for, to be kept, &.C. ., 23 unproclaimed ; applications for areas how made 29 forfeited mine, vestecj in the crown 29 warrant to enforce judgment 37 Forfeiture partial ; proceedings in case of 29 Forms existing, to be continued 47 Gold unlawfully mined, whose property 38 Labor on areas ; computed and regulated 28 forfeiture in case of non-performance of 27 partially performed, prppeedings when 29 Leases; duration of, and how surrendered 27 execution of, regulations concerning 24 forfeiture of,, from what causes 27 notice to be given, procedure in case of 35,36 holders of ; how to use demised premises 28 liable to pay royalty, &c 34 when royalty unpaid, to action, &c. 36 to make quarterly returns 34 issued in duplicate and registered 48 previousl}', to be .registered, &c 48 not to affect cultivated lands, Ac 31 royalty reserved in, exemptions from 31 how collectible 50 transfers of interest, encumbrances, &c., to be registered... 48, 49, 51 unexecuted within year, vacated. ., 49 when more than one lessee, declaration required 48 to terminate, and to be re-leased, &c 50 Licenses, prospecting ; applications for liow made 30 bond before obtaining 30 duration of, and by whom granted 30 extent and shape of 30 holder of, entitled to renewal 31 select ^reas 31 not tq enter on cultivated lands 31 royalty reserved on 31 Licensed Mills : applicant to give bond.... 32 commissioned' to sign license 31 dpflnition of words. .,...!.. , 31 entries in books, what and liow to be made 32 fjrauds in accounts, &c., how punished 38 monthly returns o!f tp be made under oath 32 per cenlage on amount of royaltypaid 33 GENERAL INDEX. 691 I'AGB. MINES A1W]> IHI1WERAI.S— Continued. Licensed Mills : royalty, mill owner liable to pay 32 non-payment of, action for 32 surrender of license, and effect on bond 34 unlicensed milling, penalty for, 33 Penalty, for frauds in books of mill, owners 33 unauthorized mining, &c 37 working mills-witliout license 33 mode of recovering, &c 38 Private lands ; agreement relating to entry on 26 arbitration to settle damages relating to 25, 26 cultivated, entry on not authorized 31 Quartz mines ; how to be laid off, &c 23 Returns, of deputy commissioners to be ipade weekly 24 ^ licensed mill owners, how and when made 32 Royalty ; action for non-payment of by lessee, &c 32,33 exemption from,. by building crusher, &c 31 how reserved and by whom payable 31,33,35 Rules and regulations ; to be made by governor in council 47 Sections ; what applicable only to gold mines 39 I Mines OTHBB THAN Gold Mines, &c. 39 Abandoned mines ; how dealt with 45,46 mere colorable working not to prevent forfeitm'e. 46 notice in case of, how given 46 AjDpeal from decision of commisgioner, &c 46 Application, for license to search, how made, &c 39 work, " •" 40 renewal of license 40,41 vacant mine, how made, &c 41 must be accompanied by payment 39,40 Arbitration ; proceedings same as in case of gold mines 40 Areas ; contiguous, may be treated as one in certain cases 41, 44 extent of, on licenses to .search, and. work 39,41 licensee may select square mile 40 space between reserved 43 Bond to be given by applicant for license 39,41 Crown lands, in mining districts, may be leased 46 Damages to private lands how ascertained, &c 40,41 Forfeited coal mine ; how to be relet, &c 46 Forms ; to be the sa...e as those now in use 47 General mining association ; renewal of lease ,., 43 Leases, how grantable te holder of license to work 41 may include larger area than square mile 42 reservation of barrier round area, ilfec. 43 shall be executed by commissioner and lessee 42 issued in duplicate and registered 48 not to be void for want of registry, &c 47 transfer of interest in to .be registered 48 Leases of coal mines ;, duration and form of 42 h ow renewable and for. what period 43 new grantable to existing holders of 43 .not transferable without permission 42 returns when to b© made and Jhow 45 royalty on and when payable 44 collectible when unpaid 50 surrender same as in gold leases 42 . when terjninable, &c 50 Leases of other mines ; duration, form, renewal of j ifec. 42 licenses to search ; application for, and how granted 39,40 extent of, and how renewable 40 holder of . may select area 40 payjnent necessary out application 39 separate may be granted over same area 40 survey, aad description of Jiand applied; for 40 692 GENEKAL INDEX. WIIWES A»i» lfIINI<:RAI.S— Continued. Licenses to search ; survey, at cost of licensee 40 ■work ; area selected and surveyed 40,41 extent of, how granted and renewed 41 how grantable in the first instance 41' may include more than square mile 42 Haps of mining districts ; in commissioner's ofHce 46- Ownership ; cliange of in certain cases how authenticated ,.. 51 Pit, &c., penalty for leaving open 49 Quarterly returns, how made and verified, &.C , ..., 45 Eegistry of leases, licenses, mortgages, transfers, &c 48,49 Royalty, on coal 1 iron I payable quarterly, &c...... , 44 other ores J how collectible when unpaid 50 Kules and regulations to be made by governor in covmcil 47 Sections, what applicable to mines other than gold 46 Submarine areas ; lessee, &c., of, may tunnel from adjacent land 47 liability for damage of, how assessed, &c.. 4& notices relative to, how posted 46 Survey of lands for licenses, made at whose cost , 40,41 Transfer of interest in mining leases ; to be registered , 48 iliNES AND Minerals. S%6 Revenue, Casual... 19 Gold. See Mines and Minerals 23 to 39 OTHEB, THAN Gold. See Mines ami Minerals...., 39 to 46 niXES, REGUliATIORf OF 59 Abandoned mine ; fencing of regulated, &c. 67 plan to be sent to commissioner 67 Accidents, explosions, &c., notice of to be sent to commissioner 66 form of 83 Alternative title to chapter „ 59 Areas, submarine ; regulations for working, &c 81 Boys, not to be employed under ten years of age in mine 60 about engine, under 18 years of age.... 60 penalty for employing in contravention of chapter 60 misrepresentation by guardian or parent of 61 regulations as to employment of, under ground , 60 time of employment between 10 and 12 years under ground 60 Commissioner to decide question as to character of mine 59 Coroner's inquest ; on deaths from accident in mines 70, 71 penalty for breach of provisions, , 71 Definition of terms used in chapter ,..., 59 Inspector ; accident in mine to be reported by 70 duty and powers of defined 67 penalties to be recovered in name of 80 plans of mines to be kept by owners and produced 69 penalty for non-production of 69 proceedings of in cases of unforeseen danger 68 wilful obstruction of, an offence 68 Minerals, subject to royalty ; to be weighed 82 weigher of, appointment of and his duties 82 Notices, may be served personally or sent by mail 82 of accidents, explosions, &c., to be sent to commissioner 66 form of... 83 change of ownership or working, &c., to be sent 66 penalty for not sending, serving, &c 66,67 Penalties ; application of by commissioner in certain cases 80 for oilences against chapter; liability defined 80 in certain cases, owner, &c., not liable to prosecution ...... 80 other employees liable, same as owners, &c 80 owner, ifec, may be examined as witness 80 proceedings for, to be within three months 80 recoverable in name of inspector 80 payable, on receipt, into treasury „.., „.... „.,„.. 81 GJENERAL IMDEX. 693 PAGK. MIXES, REGlJL,ATf 0]W OF— Continued. Eeturns; by agents, lessees, managers, &c., how to be made 65 forms to be furnished and prescribed by commissioner 66 penalty for false, &c 66 BuLES, General: 71 to 77 Break and indicator to machinery 75 Chain, single linked, when to be used 75 Cover, overhead in shaft, when to be used 75 Daily inspection of machinery and works 76 Dressing rooms for employees to be provided 76 Drum, slipping of rope on, how prevented 75 Fencing of entrances to shafts 75 machinery, ily-wheel, &c 67 old shafts 74 places not in use 72 Guages and safety valves on boilers 76 Gunpowder and blasting, regulations concerning 73,74 Hoisting machinery, how to be attended, &c 75 Ladders, inclination and position of 76 Non-compliance with, offence against chapter 76 Observance of directions enjoined on employees 76 Safety lamps, regulations concerning use of 73 Shafts, certain, how to be used, &c 76 securing of provided for in certain cases 76 single, prohibited except in certain cases 63 to 65 working, signalling on provided for 7o Signals and manholes, regulations concerning 74 Stations appointed at entrance to mine... 72 Travelling road, &c., securing of provided for 75 Ventilation of mine ; rules respecting 71 "Water and boreholes ; rules respecting 74 Wilful damage, &c.. to property, provision against 76 Workmen to be withdrawn from dangerous mine. 72 KuuBS, Special ; continuance of existing, provided for 82 How amended, established, modified, &c. 77,78 Must be approved of by commissioner 78 signed by inspector 77 Notices, relative to, how posted, &c.. 77 penalty for defacing 79 Objections relative to, to be sent to commissioner 78 Publication of, provided for 79 Receivable in evidence, when certiiied 79 Single shafts, prohibited except in certain eases 63 to 65 time for providing additional, how extended 66 Submarine areas ; regulations as to working of .81 Wages ; check weigher, appointment, duties and removal of ;. 62 proceedings in case of misconduct, &e. 62 not to be paid at public houses, &e 61 payment of employees by weight, &c. 61 Weighing of minerals; provided for, &c. 82 Minister. ' Sue Mm-riage, Solemnization of 378, sqq Ministerial Officers. &%e Costs and Fees , 620 Minks. See Birds and Animals 341-2 Minors. Descent of Real and Personal Estate 371-2 Guardians and Wards 387 Hiffhicays, Coasting on • 338 Intoxicating Liquors 349 Limitation of Actions 360-3 Masters, Apprentices, ^c 387-8 Poor, Settlement, ^c. 189 Probate Court 398,401 Wills, ^c . 366 Minutes. Supreme Court ami its Officers 393 MisNOMEB. See Supreme CouH, Pleadings 4.58 694 GENERAL INDEX. See Land», Src. MissEQUASH Commissioners. See 5fewer«, JDyfe (J-c. Monet, Effect op Payment of. See Ti-usts and Trustees Paid INTO . Court. Justices, Protection of Supreme Co/art, Ple'aditigs Votes. ^e& Municipalities Moneys. See Public OMcei-s, Oertain, ^c Poods, Certain Great Expenditure op on Eoads. See Roads, Oertam Great, ^c. Month. See StMutes, Promulgation, l!^e.,«f Moose. Birds and Animals Moravians, may aiHrm. See Statutes, Promulgation' Mortgage, Sale op Lands under Foreclosose op. Mortgagee. See Lands, Sale of under Hxecution Mortgages. Beeds, ^c, Itegistry of Equity Procedure Lamitation of Actions Mortgagor. Lands, Sale of under jExecutimi Mother. Bastard Ch^ren, i[C Motions. Supreme Court, Pleadings MUI^ICIPAMTIES. Actions against coancil, how brought and conducted amount of judgment, against in, how paid county may be amerced for amount Affirmation, may be made by person authorized penalty- for making false Amercement ; may be made by supreme court Assessment ; levying and colIect;ion of mode of recovery of, prescribed of poor and county rates, regulated payable by instalments in certain cases power of municipalities in matters of Assessors; appointment of, to be made annually , casual vacancies in office, how filled duration of term of office of returns of, to be under supervision of council appointment and qualiiication of authority and duties of Ballot ; wardens and councillors may be elected by Board of health ; appointment of, &c Bye-laws ; council authorized to make, &c to be laid before legislature, when... Chapter not to extend to city of Halifax, Ac. Clerk of council; appointment of provided for attendance, account of, to be kept by.. .. duration of office of, regulated duties of defiiied and specified judicial district; appointment and duties of licenses ; certain duties to wliom transferred municipality ; duties and powers of township ; appointment and duties of town ; certain duties of, to whom transferred Collectors ; allowance to be paid to Committees of council ; formation of, &o Commons, to be under control of councils Coroners ; appointment and jurisdiction of before whom to be sworn into office now appointed, not to be affected. . . Council ; composition and term of office of organization of , at first meeting powers and authority of specified , of grand jury and sessions transferred to.. quorum for transaction of business semi-annual meetings of, when to be held when necessary, extra meetings called Auditors : PASK. 239- 591 607 '169, 470 311 9f> .. 245-6 249 ' 340-1-2 4 578 580 363 528 564 580 199, 200 . 477-9 288 307 307 307 soft 30& 307 302 305 303 310 297 297 297 297 302 29s 29ft 311 299 ...... 295 304 306 294 296 295 294 309 300 311 314 300 304 297 311 303 307 307 289' 294 301 ..300-3-7 294 294- 29* GENERAL INPEX. 696 MUNICIPALITIES— Continued. Councillors, county.; account of attendance of, to be kept by clerk 295 allegiance, oath of, to be taken by... 293 division of into sections, how made 290 election of, first, how to be held and conducted 289 in case of vacancy, how to be held 293 mode and manner of conducting 290 notices of how given and posted 290 polling lists to be signed, returned, &c 291 presiding olflcer and clerk, to be sworn 291 power and duties of 292 to have casting vote 290 proclamation a sufHcient notice 291 time for holding in seetions, &c 290 exemption of certain persons from office of 292 fine for non-attendance at meetings 296 first and subsequent meetings, when held, 294 number to be returned for each district.. 289 persons disqualified to be elected, &b 291 qualification for, same as for house of assembly 291 resignation of, Tiow and under what penalty 295 salary of, to be according to actual attendance 296 Councillors, township ; duration of term of office of SV2 election of, how and when to be held 312 mode of conducting prescribed 312 qualification of elector defined 313 presiding officers and clerks, how paid 314 meetings of, how summoned and when held 313 presided over 313 town reeve to be elected by, at first meeting 313 County ; desire of to be incorporated, liow testified 288 inhabitants, when incorporated, privileges of, &c 289 meetings, how called and held, &c 288 when opened and closed 288 return of votes to be communicated to governor 289 ^.^counted by sheriff 288 sheriff, on receipt of requisition, duty of, &o 288 shall communicate result to governor 289 votes in electoral districts, how to be taken 288 within what period proceediiigs may be renewed 289 Debts and obligations of, to be assumed by council 303 Districts, what to be considered separate counties 290 electoral ; power of council to alter, &c. 310 TSlections, contested ; rules for trial, &c., of, how made 302 Elector ; qualification of, and where to vote 291 Fence viewers ; appointment, duties of, &c 299 Ferries, wharves, &c., to be under control of council 302 Financial year, municipal, when to end 297 Fires, regulations concerning to be made by council 300 Fisheries and game, preservation, vested in council 299 Grand jury and sessions; jurisdiction of, given to municipal council 307 not required to meet ; powers transferred to council 296,300 Judgment against municipality to bear interest '. ...... 307 Judicial district courts ; bye-laws for regulating procedure in, how made, &c... 309 commissioners, appointment and authority of 308 causes may be continued by 311 councillor not to be appointed 308 duration of term of office of 308 judgments of may be appealed from 309 jurisdiction of, defined 308 meetings of, how long to continue 308 not to be professionally employed 309 powers of, defined and, specified... 309, 311 quorum, two to constitute 308 696 GENERAL INDEX. niUlWICIPAl,ITIi:S— Continued. Judicial district courts ; commissioners, salary of, how to be regulated districts, clerk to be appointed for, his duties division and formation of plaintiff or defendant must reside in fees, to be same as in magistrates' courts justices ; powers to cease when courts established transferred to commissioners meetings of commissioners, when held, &c. witnesses, bound to attend, and entitled to fees.... Jury lists ; revision of provided for Justices of peace ; jurisdiction of not affected powers of, when to cease Kings County; councillors to be elected for License law ; to be under control of council, &c Lumber ; inspectors of appointed by council Money, votes of , how and when to ibe passed Natural born or naturalized subject, only qualified, &c. Oaths; by whom to be administered, &c. of qualification, by whom to be taken returning officers may administer at elections schedule containing forms of Officers' salaries, &c., regulated by council Penalties; mode of recovery of, provided Penalty for refusing to accept office, &c Poor, overseers of ; appointment of provided for, &c support of, council to have power over Property public ; ho w acquired, managed, &c ' Queens County ; councillors to be elected for Rabid animals ; protection against, council to provide Bates for public purposes ; how to be assessed Keceipts and expenditures ; abstract of, prepared Eivers, obstructions how to be removed from Eoad districts ; establishment of provided for moneys ; appropriation list, to whom transmitted commissioners, accounts, examination of appointment and duties of distribution of, how apportioned, &c. expenditure of, how accounted for svirveyors ; appointment of, provided for Roads ; laying out, maintaining, &c., provided for School commissioners ; appointment and duties Sewers, commissioners of ; appointment provided for Sheriff ; duties of on receiving requisition fees payable to for services at elections meeting to be convened by and notified return made to, and procedure thereon Snow-plough ; provision for procuring, &c. Statute labor, performance of, by whom regulated Toll bridges ; not to be affected by chapter Township councillors ; election, powers of, &c. Townships, municipal ; council of, to consist of five members counties, how to be laid off into by council, &c division of, number and limits, when decided when to be made and published incorporation of, when to take place, &c municipal council, election of provided for, &c sections, relating to county, how far applicable to what to cease as respects warden, authority and election of words applicable to county, how to be construed.... Treasurer, appointment and duties of duration of term of office of Vice, prevention of ; regulations for, how to be enforced 309 309 308 309 309 310 308 309 310 300, 301 309 316 301 311 311 306 306 305, 306 305 316, 317 302 304 306 296, 313 301 298 317 299 305 804 300 301 298 298 298 297 305 299 301 298 311 288 289,305 288 288 303 301 304 316 312 311 312 312 312 315 314 314 315 314 294, 295 297 302 GENERAL INDEX. 697 PAGE. MURflCIP A lilTIES— Gontinned. Warden ; duration of term of office of 292,295 election of, how to be ascertained 292 justice's power to be exercised by 300 protection of, same as Justice 308 qualification of prescribed 292 resignation of office by 295 return of votes for how made 292 right of to vote, established 310 vacancy in office of, how supplied 292 where no majority, how elected 292 Yarmouth ; number of councillors to be elected 317 Musquash. See Birds and Animak 341 Mutual Debts. See Supreme Court, Phadings 470 N. • Navigation. See Hivers, Convei/inr/ of Timber, ^c 334 New Assignment. See Suprerne Court, Pleadings 468 Matter. " " " 458 Roads. Poads other than Certain Great 247 Trial. Intoxicating Liquors 348 Supreme Court, Pleadings... 474-7-9, 484 NoN Pros, JuDGMKNT OF. See Supreme Courtj Pleadings 468 Residents. See Assessments, Count.y , 114, sqq Supreme Court, Pleadings. 450-1-2-3 Suit, Judgment OP. See Supreme Ccnirt, Pleadings 481 NoBMAL School. See Public Instruction '. 166,185 Notary Public. Barristers and Attorneys 440 Notice, Gazette. Gazette Notice... OP Trial. Supreme Court, Pleadings 447,453,472 to Quit. Grotun Lands.... 87 Forcible Entry and Detainer 582 Notices. See Escheating Lands Forfeited to Grovm 583-4 Horses and Cattle, Stray 336 Justices, Protection of 606 Lands, Sale of under Foreclosure 578 Mines. Regulation of 66-7,82-3 Poads, Closing of 261 other than Certain Great 247 Setoers, Eyke, 3fc 231-7-8 Witnesses arul Evidence... 536-7,540-5 Various other chapters. Noxious Animals, Destruction OP. See Animals, Noxious 343 SruiSAWCES 159 Actions, limitation of 162 proceedings in, when removed to supreme court 162 Cellars, and vacant lots ; how cleansed , 161 Dwelling houses ; how vacated when public health endangered 161 to have suitable drains and privies 160 Pish market may be opened and fish sold, when 162 uncleansed, &c., sale of prohibited 162 Forfeitures for violation of orders, &c 162 Health, board of ; court how constituted ^^ 169 court of ; duties and powers of 159,162 how constituted 159 Health inspectors ; appointment of, &c 159 compensation of, how provided 160 duration of office 159 duties and powers of 159,160 to be sworn into office 159 Limits for slaughtering animals, how regulated 162 698 GENERAL INDEX. PAGB. NIJI8A1VCES— Continued. Offensive substances ; j ustices may order removal of 161 penalty for allowing, &c. 161 Penalty ; for sale of uncleansed ftsli, &c 162 unwholesome food 161 violating orders, obstructing officer, &c 162 how r-'oovered and appropriated 162 Privies and vaults ; how to be constructed, &o 160 when and how to be emptied 160 offensive, how cleansed 160 Sanitary orders, by whom to be made 159 Slaughtering of cattle ; limits for, by whom c(efinsd 162 Vacant lots ; how cleansed, Ac. 161 Waste water ; how to be disposed of 16D NciSANCES' &&Q Streets, Commissioners of 265-6 o. Oaths. See Barristers and Attorneys 439 Deeds, i^c, Regist7-y of. 361-2 Juries 43B Justices, Jurisdiction of . 423-4 Municipnlities 305-6,316-7 Probate Cmirt 410 Sheriffs ■ 104 Statutes, Promulgation, ^c ' 3,4 Tovmskips, CeHnin County, ^c 135 OptiTEBATiON. See Wills, ^c 367 Obstructions, Kkmoval OF FROM RrvERS. Bee Rivers, l^c 333 Officbbs. See Corporations, Oeneral Provisions Respecting. .. 273-5-6 Municipalities. 308 Religious Congregations, ^c. 145 Statutes, Promulgation. 6 Ckktain Public, their Salahiks and Duties. See Public Officers, ^c. 97 County AND Township. See Totvnships, Certain County, i^c 131 (OFFICE as, INCOaPORATED Sl'RETlBS FOR 284 B inds of assurance companies may be accepted as... 284 Governor in council may impose terms, &c 284 Security given by other than public officers 284 Societies, benevolent, &c., officers may give sureties, &c... 284 OFFICERS OF Supreme Court. See Supreme Court and its Offfkers 391 Offices, ^ee Vacating Seats 18 Old Roads. Roads other than Certain Great 247 Open AND Pent Roads. See Roads other than Certain Ch-eat 248 OaDEBS. See LibeHy of Subject 556-7-8 Married Women, Protection of. 884r-5 Rabid Animals... 162 Statutes, Promulgation, i;c 4 Supreme Court, 'Pleadings, l^c 448, 454, 462-4^5-7-8-9, 470-8 Various other chapters. Oeiginal Packaoe. See Intoxicating Liquors 844 Otter. See Birds and Animals 341 OyBR-HOLDENs. See Forcible Entry and Detainer... 582-3 bvEBSEBRS. Setvers, DyJce'd and M arsh Land 231 OF Poor. See Lunatics, Custody, 8rc 210 Masters, Apprentices, and Servants 388 Poor, Settlement, ^c' 189 to 196 Works. Assessments, County 122 GENERAL INKEX. 6^9 PA OB, rANEL. See Juries 432-3 Paraphersalia. See Descent of jieal andPmrsomi Estate 372 -Parknts. See Masters, Apprentices and Servaidg 389 Parishes. Cmrch of England 139 Parishioners. " ''i 140 Parliament of Canada, Legislation op not Contravened. See Canada, SfC. PARTicnLARS. See Into.ncattnff Liquors ... 349,350 Justices, Jurisdiction 416-7 Supreme Court, Pleadings 453-4,468-9 Parties. See Equity Procedure 523 Partition OF Lands. See Lands, PnHit.ion of 570 Townships. See Deeds, Ifc., Megistry of 364 PARTNERSHIPS ..... 600 Arbitrations, compulsory 600 Chapter not to conflict with Canada law 605 Compulsory Arbitrations 600 Affidavit to be made by arbitrators 600 Arbitrators appointed by court on failure of partners to appoint 600 execution issued after judgment on award of 601 form of affidavit ipade by 601 judgment entered on award of 601 of supreme court upon award of.final 601 may compel attendance of witnesses, iSic. 601 mode of proceeding by. 601 powers of as to costs 601 selection of orderediby court 600 to examine parties and witne.'ses under oath 601 make affidavit before judge or commissionex 600 award 601 two to select third 60O Costs on award ,. ., 601 Equity, no proceedings. in, after judgment under chapter 601 Execution to issue on judgment after award 601 Form of arbitrators' affidavit 601 Judge at chambers may act under chapter 601 Judgment of supreme court under chapter to be final 601 Parties and witnesses examined undej oath 601 Partner.'! two, differences between at close of partnership, proceedings to adjust 600 Petition by one of two partners at close of partnership 600 copy of served on partner with summons 600 Proceedings of arbitrators 601 Summons and petition served on partner complained of. 600 Supreme court may appoint arbitrators in default of partnera. 600 order arbitrators 600 petition to, by one of two partners 600 summons to partner issued from 60Q to enforce attendance of witnesses 601 payment of judgment and costa 601 give judgment on award 601 issue execution for judgment and. costs.. 601 Umpire to be selected by two arbitrators 600 Witnesses compelled to attend and testify on oath 601 Legislation of Canada, not to be contravened by chapter 60& Limited Pabtner,ships 602 Affidavit of partners on renewal of partnership 60ft publication of terms '* 6QS to be made and filed before formation of partnership 602 Alteration in partnership to make it general 603 Certificate, to be made and filed before formation of partnership 602 Dissolution of partnership, how. effected , 60i VOO GENEKAL INDEX, PAGK, PARTIWERSHIPS— Continued. Formation and objects of limited partnerships 602 Friud of partners how punishable 604 General partners, actions to be brought by and against 603 liable to account 604 names of only to be used 603 power and liabilities of 602 Partnership (limited), actions by and against to be in names of general partners 603 affidavit before formation of 602 assignment of property of 604 certificate before formation of 602 composed of general and special partners 602 conducted in names of general partners 603 dissolution of, how effected 604 effect of alterations in 603 formation and objects of 602 fraud in, how punished 604 general partners in, liable to account 604 regulations as to stock and profits of 604 renewal of, provided for 603 special partners, may inquire and advise as to business of 604 not to claim until other creditors satisfied, in case of insolvency of 604 terms of, how advertised 603 when deemed general 603 Preferential assignments, when held void 604 Publication of terms, &c. , of partnership 603 affidavit of, filed, &c 603 effect of want of ....... 603 Renewal of partnership, how effected 603 Special partners, how compensated 604 interfering in business, deemed general 604 liabilities of 602 may inquire and advise as to business 604 not allowed to claim as creditors of insolvent partner- ship 604 violating chapter, how liable 604 Sureties TO OK FOR FiBMS 005 Sureties to or for firms not answerable on change in partnership ; excep- tions 605 Paktnekshtps, Limited. See Partnershipi 602 Pabtridubs. See Birds and Animals 340 Paupee LcNATics. See Luuotics 213-5-6 Poor, Settlement, ^c 190 Paupeks. See Poor, Settlement, ^c. 189, sqq Payment INTO OocRT. See Justtces, Protection of 607 Supreme Court, Pleadings 469, 470 OF Jdroks. Juries 434 Peace, Clkrk OF AND CusTOs. See Clerk of Peace 101 Offickks. See Constables, Protection of 608 Penalties. See Fines. Forfeitures. Statutes, Promulgation, ^c. 2,3,4 Various other chapters. Pent AND Open Roads. See Roads other than Certain Oreat 248 Perjuries AND Fhauds, Prevention of. See Frauds and Perjuries 374 PeJkpetdating Testimony. See Equity Procedure ' 533-4-5 Person. Sefi Statutes, Promulgation 3 Personal AND Real Estate, Descent of. See Descent, Sfc 371 Wills of. Wills, ^c. 366 Chattels. See Bilk of Sale, Sea-et 377 Persons Killed by Accident, Compensation to Families of. See Accidents, ^c. 609 Petit Jurors. See Juries 426, sqq GENERAL INDEX. 701 PAGE, Petitiokers. See Lands, Partition of 572 Ti-usts and Trustees 593 Petitions. See Elections, Controverted 13,14,16 Lands, Partition of 570-1-2 Trusts and Trustees 590 Pews. See Meeting Houses, Repairs 147 Pheasants. See Birds and Ammals 341 Physician. Jails and Courdy Buildings 130 Lunatics, Custody, Jfc 209, sqq M edicine and Surge^-y 148 Pits. See Mines and Minerah 49 Plaque. See Boards of Health 168 Pi/AINTIFF. See Costs and Fees 614 Justices, Protection 607-8 PL.A.NS. See Deeds, 8fc., Registry of . 364 Mines and Minerals 24,46 Regulation of 67-9 Sewers, Ihpied and Marsh Lands... 234 Witnesses and Evidence 546 Plea. Escheat,ing Lands 584. Supreme 'CaaH, Pleadings 458-9, 465 to 47 1 Pleadings. " " " 4(i3 to 471 AND Pbacticb in THE SuPBEME CouBT. See Supreme Court, Plead- ings, $c 441 Poll Tax. See Assessments, County 113 POOB. See Municipalities ^ 296,301,313 POOR BISTHICTS W. 197 Districts ; as established, continued 197 division of townsbip into, provided for 197 Expenses of paupers, adjustment of 198 Order for division of township to be posted 197 Eates pending not invalidated, &c. 198 Sessions may order division of township 197 adjust expenses, &c.. 198 PooE Houses. See Poor, Settlement, S^c 193 Eates. Assessments, County 115-6 POOR ; SETTI^KMEI^T A1«I» SUPPORT OF 189 Adjournment of meeting, may be made if necessary 193 Advertisement of meeting, to be posted by overseers. 192 Appeals J costs on, how taxed and allowed 191 to be recovered if unpaid... 191 in cases of disputed settlement 191 undue removal 191 may be to supreme court or to sessions 191 of persons over-rated : sessions to relieve 194 Assessment ; where neglected, sessions may amerce 194 Assessor ; may excuse person unable to pay 20 cents 194 not exempt from assessment 196 penalty for neglecting to assess himself... 195 Board of poor, not to be put up at public auction 196 Children; settlement of... 190 supported by township where parents had settlement. ...•.;. 191 Clerk of poor district ; appointment and duties of . . . 192, 195 remuneration of, provided for 192 same person may be, and treasurer 196 Collector ; appointment of 192 commission allowed to, fixed by sessions. 195 fine for neglect of duty. .: 195 refusal to serve. 195 general return to be made by, to justice 193 warrant to be issued 193 to account and pay over quarterly 195 Definition of terms in chapter 189 Families ; property of persons forsaking, how dealt with 191 702 GENERAL INDEX. POOR, JSBTTl.ElftEIWT, &c.— Continued. Forfeitm-es ; application of, when recovered ,. by collector for neglect of duty and refusal to serve... overseer for neglecting to render accounts refusing to serve persons improperly bringing paupers into township.. Form, of general warrant of distress. . . General warrant of distress; fees payable under how directed and executed poor and county rates included in schedule containing form of Halifax city ; provisions how far applicable to Insane paupers ; examination relative to, how made Kin, persons near of ; to support pool relatives, Ac. . Married women, settlement of. Minors ; settlement of, how obtained ■. Overseers; accounts of, how and when rendered. annual appointment of, how made appeal by, in certain cases... appropriation of moneys received by audit of accounts of, by sessions bond to be given by clerk of district collectors to account to quarterly fine for neglect to render accounts refusal to serve notice of meetings to be given by poor houses built or hired by, &c proceedings at meetings called by re-payment ofexpensesto,in certain cases Poor houses, overseers may build or hire, and manage title in whom vested, &c. Removal of pauper ; proceedings for improper, Ac preparatory to where overseers neglect Sessions ; accounts of poor houses to be submitted to appeal to in certain cases; proceedings... audit of accounts of overseers by may amerce township in certain cases Seltlement ; definition of term disputed, appeal in case of how gained, and who entitled to of legitimate and illegitimate children married women to cease, when new one gained when district divided, how regulated Town meetings ; clerk and treasurer appointed at daysfor holding deficiency may be voted, when how called, advertised, &c may be adjourned, if necessary proceedings at, regulated Township; definition of term inhabitants to hold meetings, &o ..... liable for support of poor after notice may be amerced and by whom Treasurer ; appointment and duties of Warrant of distress, general ; form of when to issue, &c. I'flSSESSiON. Bee Crown Lands WBiT OP. See Lands, Sale cf under Ihreclomre Posthumous CHiLDBBN. See Descent of Real. Sfc, Estate IPOUND BbkaCh. See Fences, Fence- Vikoersj.^c Rent, Distress for Kbbpbr. Feimes, Fence-Viemers', $c PA&E, 195 196 194 194 192 196 193 193 196 196 196 190 190 190 189 194 189 191 194 194 195 195 194 194 192 193 192 196 ...... 193 193 191 190 190 193 191 194 194 189 191 189 190 190 190 190 195 192 193 192 193 192 189 192 192 194 195, 196 1% 193 SCsqq 579 373 138 585 137 GENERAL INDEX. ns PAGB. PouNBS. See Fences, Fence-Viewers, ^c 137-8 Power OF Attorney. See Deeds; ^-c, Begistry of 362 Supreme Court. S,ee Supreme Court and its Officers 391 Practice. See Fguiti/ P)-ocedure 521 sqq and Phnditigs' in Suprbine Court. See Siip-eme Court, Pleadings, ^c 441 Practitioners IN Medicine AND Surgery. See Medicine and Surgery 148 Preliminary Examination. See' Barristers and Attorneys 437 Medicine and Surgery 149 Prescription. See Limitation of Actions 666 Presentments. Assessments County Ill Preservation of Roads. See Boads, Preservation of 259 USEFUL Birds AND Animals. See Birds and Animals 340'' Presumption. See Limitation of Actions 666 Prevention of Corrupt Practices at Elections. See Elections, Corrupt Practices at 9 Frauds and Perjuries. See Frauds and Perjuries 374 tm Creditors by Secret Bills op S'a£e. See BiUs of Sale,^c: 376 Priority OF Counsel. See Supreme Court, Phadings 479 Private Lands. Mines and Minerals 26-6, 31 Privies. Nuisrmces 160 Probate Court. See Costs and Fees 618 Supreme Court, Pleadings 481 PROB.4TE COURT, AWI> PROCEBVRE TirlBREIW 396 Ad colligendum letters, Tiow to lie granted 409 niust be registered 407 Administration ; application for to be in writing 395 by whom granted and how 395 liow granted when deceased dies out of province 395 rirhts of absent parties reserved as to 396 to whom granted, and in what order 396 with will annexed, in what cases granted 409 Administrator ; another may be a. MARSH L,AMI>S Assessment ; for what purposes to be made how recovered and on what proof on meadows and swamps, for drainage Wick wire dyke lands, how made when unanimously agreed to, valid where exceeding sum, how made how elected, and by whom sworn fined forneglect of duty • ,, 332 108 109 109 109 108 109 Ill 107 360 112 325, 326 326 324 339 271 342 332 338 329 338 337 131 333 333 338 336 839 108 108 109 109 110 110 415-7 454-8,470-1,481 189 311 230 230 231 232 232 231 233 231 231, 237 720 GENERAL INDEX. KEVVERS ; DYILX: AI¥0 MARSH I^AIWDS— Continued. Assessors; when proprietors dissatisfied with rate Certiorari ; proceedings removed to supreme court by Clerk, appointed by commissioners, and sworn commissioner not to liold the office of competency of, as witness on certain cases fine for neglecting or refusing duty Collector, a competent witness in certain cases commissioner not to hold office of compensation of services, how assessed how chosen ; remuneration how settled, &c Commissioners ; already appointed, to continue in office appointment of, and how sworn by whom chosen to carry on work, dismissed, &c. clerk to be appo inte d and sworn by duty of, on application for drainage flowing dyke lands for repairing, &c., roads how far liable for acts of predecessors liable to action in what cases, &c may assess occupiers or owners of lands notice to proprietors to be given by, rs 348,350-1 Justices, Jurisdiction 414-5 Lands, PartAion of 570 Su^eme Court, Pleadings 441-7,450,505 Sunday. Se& Coroneri. '. 106 Intoxicating Liquors 346 Statutts, Promulgation, ^c 4 GENERAL INDEX. 723 PAGK, SuNDAT. See Sapreme Court, Pkadinffs, ^e 482 Superintendent of Education. See Public Instruction 163 to 166, 185 Supervisors.* See Commons 239 Hoods, Certain &reat, ^c 245 OP Public Grounds. See Puhlic Grou/nds, SfC 319 Support AND Settlement OP Poor. See Poor, Settlement, l;c 189 Supreme Court. See Coats and Fees 611 Equity, Procedure 520-1 Jails and County Buildmgg... 131 JitAstices, Protection of... 608 Libei-ty of Subject.... 557 Lunatics, Custody, 8;c.... 218-8 Partnerships 600-1 Soads, Closing of . 261 Various other chapters. SUPREME COURT, AMD ITS OFFICERS 391 Bench, of supreme court, how composed 391 Chief justice, to preside and regulate proceedings 521 Clerk of crown, prothonotary to act as 393 Equity judge ; appeals from, how heard, &c., in absence of 392 circuits to be attended by, only in certain cases 392 duties of, other judges may exercise when 392 jurisdiction of, defined and specified 391 precedence of, established, &c 521 when required to sit in banc, &c 392 Judge ; qualification for holding office of 391 Judges ; what other offices may be held by 391 Judgments, country ; entry of at Halifax how made 394 Minutes ; exact copies to be used by counsel 898 how to be transcribed by prothonotary 393 Prothonotary ; appointed by governor in council 106 bond to be given by 106 clerk of crown, duties of, to be discharged by 393 costs and fees ; items to be furnished by 394 paid to before execution issues 393 country judgments, book to be kept by in Halifax 394 fines, &c., imposed, statement to be made by, &c. 893 judges' notes, &c., how to be transcribed by, &c 393 obligations to, how to be enforced, &c. 893 original papers, how transmitted by 393 papers how taken off fyle,&c 393 warrant of attorney ; entry of provided for 394 Powers of court, same as in England, &c , 391 when matters of equitable jurisdiction arise 391 Qualification for judgeships defined ; 391 SUPREME COURT? PI.EAI>I]«GS AMR PRACTICE IN 441 Abatement ; of action not caused, by death of claimant, &c., in ejectment.. 493 one of several parties 459 plaintiff between interlocutory and final judgment 461 or defendant 459 sole plaintiff or defendant 460 marriage of woman plaintiff or defendant 462 plea in, for misnomer, not allowed 458 of non-joinder of co-contractor as defendant 459 joint debtor " 600 Absconding debtor ; action against how commenced 447 form of writs in actions against 606 Action ; abatement of, not caused by death or marriage 459 to 462, 493 against absconding debtor, how commenced, &c 447, 506 defendants, where only one appears 455 by and against assignees of bankrupt, &c., how brought 471 man and wife in certain cases ; procedure i|i 472 different causes of, may be joinec^ ,, 471 724 GENERAL INDEX. PASE. SUPREME COURT; Pl.EA]>IiV6S, &c.— Continued. Action ; for recovery of debts, damages how assessed in 455 slanderous words spoken of women, provision in case of * 472 taking, &c., goods, operation of plea of denial 467 trespass to land, operation of plea of denial 466 property how described 468 r; persona, &c., defendant entitled to particulars 468 wrongs, operation of plea of denial, &c. 466 form of , need not be mentioned in writ, &c 447 joinder and non-joinder of parties in 458-, 45& new defence, arising after commencement of 468 of ejectment, how commenced and conducted 489 libel or slander, averments in 469 slander, precise words need not be proved 469 on bills of exchange, &c., what pleas to 465 contracts ; what specially pleaded 465 policies of insurance, interest how averred 466 specialties, &c., plea of denial how to operate 466 personal, how to be commenced, &c 447 money may be paid into court in certain cases 469 plea of nil debet not allowed in any 466 two or more counts may be added for same cause of 468 Address, of defendant appearing in person, to be given 455 proceedings how posted, where not given 455 Addresses to court on motion during trial regulated 477 jury upon trial, how regulated 477 Affidavit; addition, &c., of deponent to be inserted in 457 alteration, &c., in_;Mra< of, fatal 457 for continuance, wh at requisites to contain 476 in answer, may be made by leave, &c 458 replevin, must be filed before issue of writ 497 of illiterate person,.;MrB!; what to state 457 rules for preparation of, prescribed 457 statements necessary to contain, in replevin. . . 497 to hold to bail ; effect of wrong name of defendant in 44'9 requisites of prescribed 448 statement may be negatived by defendant 448 when writ, &c., served out of province, how to be sworn 453 Amendments, at trial ; power of judge with respect to 474 court or judge may make at all times 474 new trial may be granted in certain cases 474 party dissatisfied with may appeal 474 power of judge may be exercised by court in... , 464 Amends, in certain personal actions, when may be made. 469 Appeal causes ; appellant to enter on docket, otherwise judgment 456 application for jury must be by affidavit. 456 bond may be proceeded upon by respondent 456 court shall try anew when contested 456 how and when tried, at Halifax 457 in other counties 457 judgment, how given and effect of 456 notice of trial by whom and how given 457 parties bound to attend, i&c, at trial 457 power of court to regulate practice, &c. 457 respondent's remedy after judgment 456- successful party to have his costs below added. . . 484 Appeals; from decision of judge at chambers, reg^ated 442 security for costs to be given... 442 probate court made directly to supreme court 481 Appearance ; after time specified in writ 455 by defendant in person, to contain address , 465 where no address 456 court may allow within year, in certain cases 456 defendants, where by one or more of several, &c 456 GENEKAL INDEX. T25 SUPREME COURT; PL.EA]>I1«GS, &:c.— Continned. Appearance; form of given, &c... in actions of ejectment, by -whom made summary causes, written notice of, &c may be made before judgment by default time for by defendant, limited Argument ; entry of causes for, by whom and when to be made... rule nki by party against whom granted. obtaining same how to be conducted by counsel, &c judges to be furnished with copies of papers on what number required to hear judgment may be pronounced at chambers may take place on case, without writ issued of rule raisifor new trial, regulations concerning papers relating to, when to be filed, &c priority of counsel regulated as respects suspension of docket of, provided for, &c ' when judgment on may be pronounced Assessment of damages ; on default,'court or judge may make jury may be obtained for Attorney; and client, taxation of costs as between costs of review and re-taxation, borne by, when discharge of defendant from cu.'>tody by entering judgment may sign satisfaction piece issuing writ, to subscribe his name thereto fees, table of, in declaration and other causes statements to be made by, when docket called Averment, in actions of libel and slander of performance of conditions precedent Bail, bond, form of prescribed how assigned to plaintiil by sheriff party arrested to give to sheriff, &c sheriff to return with capias common, abolished in action on bond, when allowed to render ,. living at distance, may justify before judge, &c order to hold defendant to, how obtained special not necessary, where sheriff's bail justify to sheriff, shall continue to action when called on to justify principal may be rendered by Barristers' societj' ; fees, on entry of causes at Halifax, payable to . to be appropriated to use of law library Bills of exchange ; loss of not to be set up as defence payment of debt and costs stay of proceedings what pleas inadmissible in action on Capias ; affidavit for, what statements to contain concurrent writs (if may is.sue ; form of writ defendant, discharged if plaintiff does not proceed effect of wrong description of in writ how set aside and defendant discharged return of, when to be made by sheriff Cases, in which prothonotary may enter judgment, &c. Causes; entry of for argument, by whom and when made trial, rules regulatin g priority of what fees payable on at Halifax ' .. list of, when to be given in to prothonotary of action, different may be joined in same suit to be conducted in names of the real parties Certiorari ; bail to be filed before issue of writ endorsement of amount of bail, how made procedure under writ regulated Qiambers^ appeal and summary causes may be tried at PAGE. 454, 510 490 463 455 463 478 478 478 479 479 442 480 479 478 478 479 442 479 455 4,55 484 483 488 488 447 614 to 616 475 469 467 448, 474, 515 475 448 475 454 475 475 448 474 474 474 474 476 476 482 483 465 448 448, 507 449 449 448 449 483 478 475 476 475 471 453 453 453 453 457 726 GENERAL INDEX. SVPREIUE COURT; PI.BADIIWGS, &:c.— Continued. Chambers; appeal from decision of judge at, regulated, &c. 442 judge shall sit once every week at, &c 441 judgments on cases argued, may be pronounced at 480 power of court to regulate practice at 441 rule WMJ returnable at, judge may grant 441 summons for attendance, one sufficient 441 Choses in action ; assignee of may sue, proceedings thereon, &c 501 assignor not to release or sue after assignment 502 defence against assignor, available against assignee 502 effect of release by assignor without notice 502 notice of assignment to be given by assignee 502 Circuits; commencement and duration of courts ' 444 to 446 division of province into, and extent of 444 duration of sittings of courts, limited 446 extra sittings of provided in certain cases 446 jurors bound to attend at extra sittings 447 no new notice of trial required at extra sittings 447 provision in case of non-arrival of judge, iSfcc 447 Commissions ; costs on, when used, to be costs in cause ....; 483 Compensation, in certain personal actions, how made 469 Computation of time ; regulations as to 482 Contempt of court, in vacation, how punished 482 Continuance ; entry of need not be made on record 468 in default of statement of plaintiff's attorney 476 on ground of absence of witness, how obtained, &c 476 Contract, to deliver specific goods ; procedure in action for breach of 481 Conveyance, may be made by sheriff in certain cases 491 Costs; all costs and fees shall be as in chapter 114 483 as between attorney and client, how taxed, (Sfcc 484 bills of, to be examined by prothonotary before taxation 483 when taxed, shall be filed with prothonotary 484 defendant entitled to, where plaintiff does not proceed, &o 485 execution may issue for interlocutory 484 not to issue for, until bill filed 484 how sued for and recoverable 484 in appeal causes, successful party to have added 484 summary, &c., causes, what to be allowed 484 what currency to be payable 484 judge must allow and sign bills of 483 judgment, party obtaining, entitled to recover 485 of all issues borne by party, against whom found 468 declaration annexed, &c., when allowed 448 first trial, when not allowed on second 484 interpleader, court to make rules concerning 50$ review and retaxation, when borne by attorney 483 on acceptance of money paid into court 470 amendment of pleadings, how borne 464,474 admission to defend within year after judgment 456 assessment of damages, how taxed, &c 455 commissions, &c., to be costs in cause 483 confession by one or more defendants in ejectment 495, 496 discharge of defendant from arrest under capias 448 examinations de bene esse, costs in cause, unless, &c 484 judge's order, when made rule of court 485 judgment after non-joinder and amendment 459 by default in ejectment 490 where particulars annexed 454 not given 455 in ejectment for claimants, &c 496 plea in abatement and amendment thereof. , 458 rules made absolute, &c., allowed to successful party- 483 setting aside false, frivolous pleadings, &c 465 unnecessary pleadings, &c 463 GKNEK4L INDKX. 727 PAOE. SDPBEItlt: COllRI : PI.EAAIi^GS, Jtc— CoiUinued. Coiits J party obtainink, judgment, entitled to recover 486 penalty for taking excessive, any bow -ecoverec' 483 security for, application for -when to be made 462 effect of not giving in vear after order for 462 in second action of ejectment 496 on appeal froa'. decision of judge a', chambers 462 order for, how granted and obtained 462 taxation, notice of when to be given in Halifax 484 reviewal of jTovided for, &c 483 when taxed, bills must be iled 484 when leis tban S8 recovered, in certain actions, effect 485 Counsel, adrtresseK by to ':ouri, on motion durin,'^ trial 477 j iiry on trials regulated'. 477 fees payable to, regulated 616 priority or, OS leoiject-j :'ig;;ments [■eglili'.-'led 479 signature of, not necessary to pleadings 470 Damages, assessment of, how made, ordered, &■ 455 in nature of inlere.M allowed in certain ai;tions 481 J iiry may r-ward to either party in replevin 499 when less than SS recovered in certain actions, no co.vts 485 Death ; in ejectment o" claim3,nt after verdict and before execution 493 before trial, effect of, &c 493 O' deiendant, not to abate action 493 wb .36 right shall survive 493 one or .several joint defendants, a:c 494,495 .sole or nil defendLnt-, (.ftw verdict 494 before trial 494 in other a;tion8, of either p rty, levween verdict and judgment... 461 one of spveral parties, if action survive 459 pi aiotift Detween interlocutory and final judgment 461 or de"endant, action uot abated by 459 >ole defendant or sole surviving defendant ■ 460 plaintiff or sole surviving plaintiff 460 Default ; judgment nnal, liow signed, where |i,i.rtieulars annexed, form 454, 510 not given, &c , 455 for ivani o' plea to amended declaration 468 in ejeitment, how signed, &c 490 Defea:,.iiice; must be Sled with lognovii or warraui 480 void if not written on same papier with cognovit, &c 480 Defence formal, not requirei! in plea, &c 471 Demurrei , fonciVmm shall not be moved ior upon 479 entry i;<' cause for argument, when to be -noved 478 judgment lOr oniittiu.g to make 478 vOTin of. and form of joinde'- in 465 in defa 'It of a'liendment of pleidings 464 joiude'- mriy be demanded without ruie 465 judgmeut on argument of, how given 464 flatter of law, for argument must be stated in 466 on ground I'f duplicity, &c., how stited, to be pleaded 464 party may demur and [dead to 'tairie pleading 464 to pleadings what to contain, .md piocedure thereon 463 Dep.-sit of amouni sworn to, &V.., may be made by party arrested 448 Depositions; cost..? o^ taking ujiier commission, costs in cause ' 483 Detention unlawful ; replevin nay be brought for 497 Discharge of defendant from cu-.tody, how inade, &c 448, 488 Difcontinuance, in ejectment as to one .r more defendants 496 by one o." .several claimants 495 oay t'e filed, or rale taken for, :vl .any time 471 Docket; charge ouiii-st entry at H.ilifax, appropriation of, &c 476 of civi! C!iu-!e», rules .for -Jiaking up 476 to be called but once 475 what stitements to l)e made when called 476 when to be called, and how 476 730 eBNERiL i>:dex. FAGS. MDeRENK COURT; rr.rAWfNGS, Jkt-.-Cominuet]. Judgmeut ; ciiuilry, entrj 01 in H:.'!fp-.. iiOvinoney paid into court 470 special verdict for claimant.'! in ejectment 496 revival of, by revivor or »cM-e /"'(cjo*, provided for 473 parties admitted to defend within ye?: afte'- 456 to bear interest in .all cases 488 upon discontinuance by plaintiff, how entered 471 Hue-stions stated for trial, without pleadings 462 when defendant out of province, how revived, ire 473 where one or more only of .several defendants appear 465 particulars not given with writ, not final 454 Jviry ; addrisse." ot' counsel, Ac., to, regulated, on trials 477 causes for trial, when to be called, &c .' 476 given to prothonotary 475 issue of faf,t may be tried by judge, without 477 may allow damages in the nature of interest 481 interest on debts or sums certain 481 assess damages, by order of court or judge 455 iward damages in replevin to either pp,rty 49ft fmd special verdict in ejectment 496 Justification of bail ; at what time uay be made 474 before whom, where parties .it a dist.ance 475 Libel ; what averiuents plaintiff may make in action of 469 when and how averments put in issue 469 Marriage of woman plaintiff or defendant, not to abate action 462 Mesne pi-ocess, writ of ; action form of, need not he mentioned in 447 attorney is.suing must subecribe with his aame 447 concurrent how issued, marked, and returnable ..447, 450 date of is!-ue of, to be m.arked on by piothonotatj 447 declaration shall be contained in, except in special cases 447 defend.T,nt tlis.harged from arrest, if plaintiff does, not proceed 449 endorsement bj sheriff of receipt, .service, and letu.n. 4S0 forms of, in personal actions prescribed, &c.... 447, 505, 506 how directed and executed, and when returnable 460 endorsed, when claim is uuder eighty dollars 447 Served, in action? of ejectment, S.c 490 when action is against corporation. 450 '.ord't day, not to be served or e:^ecuted on ... . 450 notice of trial may be endorsed on. 453 to appear and plead, to be endorsed on, form of 448,510 particulars of claim to be endowed on su'.iimons 463 GENERAL INDEX. 731 PASK. SUPREME COURT ; PI.EAI»IIVG8, &c.— CoMtinued. Mesne process, writ of ; return of, as respects different counties provided for. 449 service of, constructive, deemed sufficient in certain cases .••■•.•■ *^ personal whenever practicable, and within six months 450 sheriff to endorse the very day of, on writ 450 teste of abolished, and date of issue to be marked on. 447 when returnable as respects residence of defendants.... 449 Misnomer; plea in abatement for, not allowed 458 writ how amended in case of 458 Money paid into court ; must be pleaded ; form of plea 469 paid to prothonotary, who gives receipt 470 the plaintiff or attorney on demand 470 receipt to be given on margin of plea 470 replication to plea of payment of 470 Motions; arising during trial, only one counsel heard on 477 order in which heard on first day of term at Halifax 479 Mutual debts, in same right, may be set oft' 470 New assignment ; not to be pleaded unless by leave, &c. 468 what pleas may be pleaded to 468 matter, arising out of affidavit, may be answered 458 trial ; costs of first trial, not allowed on, in certain cases 484 to abide event of, in certain cases 484 not granted, if evidence sufficient to sustain verdict 477 rule nisi for, how taken under statute ; procedure on 477 when to be argued at Halifax 479 when party dissatisfied with amendment, how obtained 474 Non-pros; judgment of, for want of replication to amended pleas 468 Non-residents; agent of absent defendant, served in certain cases 451 may be allowed time to communicate with 461 amendment of writ against, how to be made, &c. 452 British subject, how to be proceeded against 460 defendant may appear and plead before judgment 452 execution on judgment against, when to issue, &c 452 foreigner, how to be proceeded against, &c 452 forms, substitution of, no objection to process 462 publication in iJoya? G'ozeiie, when sufficient service 461 re-hearing may be obtained within three years 452 service of process upon, how authenticated 453 substitution of forms, no objection to process 451 time may be allowed agent in certain cases 461 Non-suit, judgment as in case of, when ordered 481 Notice; given between attorneys diiring cause, how proved, &c 473 of appearance, after time specified in writ 455 countermand of notice of trial, when to be given 472 taxation of costs in Halifax, what sufficient 484 trial, may be endor.sed on writs of summons 463 new, not required at extra sittings, &c 447 what sufficient in case of non-residents 472 when parties reside in province 472 to appear and defend property, endorsed on writ of ejectment 490 plead, shall be endorsed on writ 448 plead, &c., to be endorsed on amended declaration, &c 467 when receivable in evidence, in progress of cause-. 473 Order ; for amending pleadings calculated to mislead, ifcc 464 copy or inspection of documents, how obtained 467 examination of witnesses rfe Jerae e««e, costs on 483 further time to plead, how obtained 470 inspection of property, &c., how obtained 467, 478 ' particulars, further and better, how obtained 454 how obtained by either party 454 payment into court, as amends, &c., unnecessary 469 plans of property, in actions of trespass 468 732 GENERAL INDEX. PAGE. SUPREME COURT; PIiEAOI]*GS, &c.— Continued. Order ; for security for costs, and stay of proceedings, &c 462 setting aside false or frivolous pleas, &c 465 to hold defendant to bail, how obtained, &c. 448 Particulars ; annexed to or endorsed on writ by plaintiff, &c 453 credits to be given in by plaintiff, if any 454 effect of adoption of by either party 454 if not given by plaintiff 454 in actions of trespass, how obtained, &c 468 of set-off, must be given by defendant 454 order for further and better, how obtained 454 time to plead allowed, after delivery of 454 when plea, &c., on equitable.grounds, put in, how obtained.... 469 Payment into court ; must be pleaded in form given 469 replication to plea of, what to contain 470 Plea ; demand of abolished, and notice to plead retained 467 equitable, may be pleaded, in certain cases 469 in abatement for misnomer, not allowed 458 nonjoinder of co-defendant, not allowed 500 of nonjoinder of co-contractor, as defendant 459 actions for taking or converting plaintiff's goods 467 trespass to land, operation of 466 wrongs, independent of contract 466 on bills of exchange and promissory notes 465 contracts, what necessary 465 covenants and specialties 465 bar ; formal parts of abolished, &c 471 summary causes, not necessary to file or serve 463 no formal defence required in ; how commenced 471 not to be waived, without leave of court 470 of fraud must be special, when relied on 466 matters in confession and avoidance, special 465,466 rei? (ieJaf not to be allowed in any action 466 payment into court, and form of 469 not allowed, unless in bar 466 puis darrein conttrmance, how pleaided 468 second or subsequent, may be pleaded without leave 471 time for, rule or order for, how obtained 470 to new assignment, what may be pleaded 468 when one allowable to several counts 471 Pleadings ; amendment of, applied for by summons 464 averment of performance, how to be denied 467 demurrer, for want of amendment to, &c 463,464 form of, and of joinder in 465 must be pleaded by leave, &c. 464 documents, how may be set out in 467 duplicity, argumentativeness and uncertainty in 464 express color, profert, oyer, &c., abolished 467 false, frivolous or vexatious may be set aside 465 form, defects in, when deemed insufficient 464 formal or technical language not necessary 463 forms of in schedule B. to be sufBcient 465 fraud must be specially pleaded 466 general issue and general pleas abolished 467 immaterial statements in to be omitted 463 in actions on bills of exchange, what inadmissible 465 contracts, what specially pleaded 465 policies of insurance, interest how averred 466 specialties, &c., operation of denial 466 leave need not be pleaded to subsequent pleas 471 must be filed and served within limited time 470 not to be waived without leave, &c. 470 party may plead and demur to same 464 replication, effect of not putting in before trial 466 GENERAL INDEX. 733 Ml'PREME COURT; PLEADIIves, &c.— Continued. Pleadings ; replication to plea of payment into court 470 pleas for defence on equitable grounds 469 several pleas allowable, when 471 rule to plead and demand of plea abolished 467 signature of coimsel not necessary to 470 suggestion, where counts for same cause of action 471 time to plead, rule, &c., for how to be obtained 470 to specify concisely facts intended to be denied 467 Practice, how regulated in cases not otherwise provided for 441 rules, for altering regulating, &c., to be made by court 441 not to go into operation until published, &c. 441 Priority of counsel, as regards arguments, motions, &c., regulated 479 Probate court ; appeals from to be directly to supreme court 481 Prothonotary, at Halifax ; entry of country judgments by 394 fees payable to for use of law library 476 list of causes, when to be given in to 475 rules for guidance in making up docket 473 bills of costs examined by, before taxation 483 cognovits and warrants, to be filed by, &c 480 entry of judgments by in certain cases 483 fees of, for services, regulated, &c , 611 order for further time to plead, granted by 470 particulars may be granted by 454 security for costs may be granted by 462 report of judge of trial to be delivered to 479 taxation of. costs by in undefended causes.. 483 re viewal of provided for 483 Questions, for trial without pleadings, how stated 462 judgment on finding, how entered and recorded 462 of law, after writ issued, how stated. &c 463 Replevin ; affidavit to be filed before issue of writ of 497 what particulars to be stated in 497 bond to be given to the sheriff in double the value 498 court may make rules regulating practice in 499 damages may be awarded to either party in 499 default may be marked for want of appearance 498 def en dant may retain property on giving security 499 for what action of may be brought, &c 497 goods in custody of sheriff not reple viable 497 in case of unlawful detention, form of writ 499 jury may find specially in certain cases 481 justification or avowry must state iJoCTts 499 pleas to action, in abatement or bar 499 on equitable grounds 499 return of writ, what particulars to contain 498 service of writ, how and when to be made... 497 sheriff may break open building in certain cases 498 search person or premises in certain cases 498 unlawful taking or detention, may be brought for 497 venue to. be laid in county where distress made 499 Beplication ; defects in form of, when deemed insufficient 464 effect of not putting io before trial 466 may be pleaded without leave of court 4.66 one allowable to several pleas, in what cases 47I several may be pleaded, costs of how borne 468 to amended plea, when to be given '468 pleas for defence on equitable grounds 4g9 plea of payment of money into court 47O Report of trial, by judge ; amendment in how to be made " 479 application for, " " 479 argument confined to facts stated in 479 copies of to be furnished to judges 479 filed on Tuesday preceding the term 479 734 GENERAL INDEX. PAGE. ISITPREUE COURT; PLEAmiVGS, &c.— Continued. Eeport of trial, by judge ; prothonotary to furnish copies of 479 Return; of writs of execution, what particulars to contain, &c 487 mesne process, within what time to be made 449 sheriff's endorsement, what particulars to contain 450 when of »KOT e«i «re«e?i11VGS, Jtc. -ContiitJied. SherilT; bail to, to continue bail 1 action, and to justify 47i discharge of defendant, on making deposit ■with 449 under ■writ of execution 488 endorsement to be made by, on return of execution 487 ■writ of mesne process 450 fees payable to, for his services, prescribed ,.^ 612,613 liability of, for taking insufficient bail '. 474 relieved by render of defendant, &c. 474 must obey d irections endorsed on execution 486 surplus money to be paid over to defendant by 487 ■where goods in custody of, not repleviable 497 property concealed, p'.wer of in replevin 498 specific goods ordered to be delivered 482 ■writs, how to be directed to, and executed by 450 Sittings ; at chambers, to be held weekly or of tener 441 at Halifax ; commencement and duration of 443 docket at extra, how to be arranged 444 extra may be held at same time 443 judges may extend and adjourn 443 jurors, attendance at pro^vided for -444 procedure at extra sittings.. • 443 decision of judge, may be appealed from 442 only one summons for attendance necessaiy 441 procedure in cases of appeals from 442 rule Mtsj returnable at, may be granted 441 Slander ; averments by plaintiff in actions of 469 how put in issue by defendant 469 precise words need not be proved as stated 469 special damage need not be averred or proved 469 Slanderous words, spoken of woman; special damage need not be proved... 472 Specific goods ; actions for breach of contract to deliver, procedure in 481 Stay of proceedingsi in actions on bills and notes, how effected 483 inspection of documents, order for, not to operate as 467 order for, until security for costs, how obtained 462 Suggestion; of death, of claimant after verdict and before execution 493 or one of, before trial 493 claimants before trial, where no survivorship 493 one of several joint defendants 494,495 parties, if action survive 459 plaintiff, between interlocutory and final judgment 461 , sole or all defendants, after verdict 494 before trial 494 sole surviving defendant 460 plaintiff 460 where survivors make defence 496 Suits, not to be brought, where claim less than twenty dollars 447 Summary suits ; actions to recover debts under S80, to be brought as... ...... 466 appearance and notice of defence, to be served in 463 application for jury in, how to be made, &c. 456 court may make rules regulating practice in 467 how entered and tried at Halifax 457 in other counties 457 judge may try at chambers at Halifax 457 noSiice of trial, what length of sufficient 457 parties, witnesses, &c., bound to attend trial 467 trial of, when to take place, except in Halifax 456 Summons, for attendance on judge at chambers, only one necessary 441 form and requisites of ■writs of , &c. 447, 450, 505 Sunday, Christmas Day, Good Friday; time reckoned exclusively of 482 Taxiltion.of costs ; as between attorney and client, regulated 484 bills to be examined by prothonotary before 483 notice of, when to be given in Halifex ' " 484 prothonotary in undefended causes may act 483 736 GENERAL INDEX'. PAGE. KlPaEiUE COURT; Pl^E/lDINGS, &c.— Continued. Taxation of costs ; reviewal and reduction of, provided for 483 Terms ; commencement and duration of at Halifax 442 in other counties 444 to 446 judges may adjourn and extend, when necessary 443 number of days sittings to be exclusive of Sundays 446 Teste, of all writs abolished ; writs to be dated when issued 447 Time ; computation of as clear days, how to be reckoned 482 to be reckoned exclusively of Sunday, Christmas Day, &c 482 Time to plead ; grounds of application for, disclosed on affidavit 470 order for may be granted by prothonotary, when 470 Trespass, quare clausum fregtt ; effect of plea of non-committal of 466 property must be described, &c 468 to person or property, defendant entitled to pai-ticulars 468 Trial; addresses to court on motions arising during, regulated 477 jury upon, how regulated, &c 477 adjournment of, may be ordered by judge 477 amendment of pleadings at, may be made by judge 474 new, costs of first trial, how to be allowed on 484 not granted, where evidence sufficient, &c 477 proceedings, where judge refuses rule for 477 Venue ; change of, not to be made without order of court 463 need not be stated in body of writ 463 where local description required, to be given 463 to be laid, in replevin for goods distrained 499 Verdict ; if evidence sufficient to sustain, no new trial 477 interest may be allowed on, in certain cases 481 judgment, with interest, may be entered upon 481 jury may find special, in action of ejectment 496 rule rem to set aside, by whom entered, &c 478 Warrants, to confess judgment; filing of in prothonotary's office provided for... 480 provision respecting in certain cases 480 registry of, where lands lie, provided for 480 Writs of mesne process ; see ilfeswe Process 447, &c. Wrongs independent of contract ; specimens of forms 517 to 519 SuBBTrRS Incobporatkd, FOB Officers. See 0^eej-», ^e 284 TO OB FOB FiBMS. See Partnerships 606 SuBGERY ANB Medicine, Pbactitioners IN. See Medicine arid Surgery 148 SiTBPLUs PROCEEDS; See Justices, JuT^diction of. 418 Lands, Sale of under Execution 582 Foreclosure 579 Probate Court 406 Supreme Court, Pleadings 487 StTEBOGATB. See Probate Court 410 SuBVBY. See Boundaries of Counties, ^c 100 Crown Lands 84 Mines and Minerals 40-1 SURVETOB. See Crown Lands 84, sqq Property, Trespasses to 92 Sue VETOBS OF Highways. See Guide Boards, ^c 339 Highway Labor... 254-6-7 Tovmshtps, Certain County, ^c 131 Swine. Se^ Animals, Certain going at Large 337 T. Tail, Estates 360 Tales. See Juries 485 Taveen. See Intoxicating Liquors 346 Taxation OF Costs. See Supreme Court, Pleadings 483-4 Dogs. Dogs, Src 339 Teachbbs. See Public Instruction 167,176,184-6 GENERAL INDEX. 737 Trnant. Tbndbe. Teams. See Hiffhwai/ Labor Tenancies and Fobciblb Entby anb Detainer. See Forcible Entry Detainer Tenancy BY THE CUBTESY. See Descent of, S^c.jUstate IN Dower. " " " Joint and in Common. See Joint Tenancy See Escheating Lands Forfeited to the Crown, ... Forcible Entry and Detainer Lands, Partition of. Rent, Distress for.... See Justices, Jurisdiction Term OP YEARS. See Limitation of Actions Terms. See Public Instruction Supreme Court, Pleadings Tbrritobial AND Casual Revenue. See Revenue, Casual Teste OF Writs. See Supreme Gmirt, Pleadings Testimony, Perpetuation of. See Equity Procedure Timber. See Rivers, Conveying Timber, ^c. Time, Computation OF. See Supreme Court, Pleadings to Plead " " " Titles, previous to 1 841 . See Lands, Sale of under Execution Toll Bridges. See Municipalities Tolls. Se» Rivers, Conveying Timber, ^c Town Clerk. See Common Fields Horses and Cattle, Stray Meetings. Poor, Settlement, Jf-c. Ofpicees. Townships, Certain County, i^c Township. Poor, Settlement, Hfc Councillors. See Municipalities. 'TOWlVSmPS, CERTAIN COCWTY AMD TOTVIUSHIP OFFICERS Boundary lines of townships confirmed Chief constable ; appointment and salary of bond to be given by . . . constables of county to assist deputies may be appointed by duties and powers of fees additional on process, where appointed payable to, same as constables' justice of peace not to hold office of to make return of extra fees ..^.. other constables may serve process, &c Constables, in County of Halifax, how appointed police, appointment and pay of funds for, how to be raised penalty for resisting, &c special; appointment of, how made and when by whom directed and controlled to be sworn into office duration of appointment of penalty for refusing to serve as verbal appointment of, in certain cases County treasurer; salary to be fixed by sessions Custody of plans, grants, &c., in whom vested Definition of terms used in chapter , Form of oath to be taken by officers Justices may define duties of town officers. Lists of officers, to be posted by clerk of peace Surveyor of highways, bow appointed in certain cases , indemnification of returns when to be made by.. township lines, appointment and duties of Town officers ; appointment and nomination of. eligible for re-appointment 46 PAGE. 254 and 582 374 374 365 584 ,.. 582-S ... 570-3 585 417 ,.. 566-7 185 442 to 447 19 447 533-4-5 333 482 470 582 304 333 240 536 .. 193-3-5 132-6 189, 192-4 316 131 131 134 134 134 134 134 134 136 135 134 134 132 133 133 133 132 133- 133 133 133 133 135 132 135 136 136 135 138' 186 136 131 132 136. 738 GENERAL INDEX. PAGE. TOVriVSHIPS, CERTAIN COUNTY, &;c.— Continued. Town officers ; forfeiture for refusal to accept office, &c 1 32 to be sworn into office, and by whom 132 vacancies in office, how supplied 132 when to enter on their duties 135 TowTJSHiPS, CorrNTLBS, &c., Bound AHiES op. See Boundariit of Cmmties, fyb. 100 Municipal. See Municwaiitiee 311 to 316 TaANSiTEBS OF Mining Eights. See Mines and Mineralg 48,51 fBANSPOBTATroN AND USE OP GuNPOWDBB. See Crutipowder, ^c 331 Travbbses. See Escheating Lands, ^c 584 Tkbasubeb. Municipalities 294-5-7 Poor, Settlement 195-6 County. See County Treasurer Public &hib&ions 335 Treaties, &c., how proved. See Witnesses and Soidence 641 Trees. See Crown Prope7-ty, Trespasses to 95 Trespass. See Limitation of Actzons 559,660 Supreme Court, Pleadings 466-8 Tbespasses TO Cbown Property. See Crown Property, ^c 92 Trials. See Absent or Absconding Debtors 551-2 Escheating Lands, ^c. 584 Justices, Jurisdiction 414,416 Supreme Court, Pleadings 474-7,484 Trover. Limitation of Actions 659 TKtrsTEBS. Corporations, General Provisions ItBspeetmff 275 Equity Procedure 526 Executors, Administrators, and Trustees 655 I/ibrary Associations 287 Public Instruction 169 to 174, 178 SeUgious Conffreffcctions, ^c 142^,146 Trustees, Executors, &c., suits against. See Executors, Administrators, Src. 654 OF Public Property. Public Property, Trustees iff ...... 687 TRUSTS AND TRUSTEES 687 Application, for order of court, how made and supported 590 may be by petition and affidavit, &c 690 to master, in first instance ; procedure in c^e of 593 order when granted by, how enforced 593 who may make ; disability not to affect applicant 589 Appointment of new trustee for church lands, &c, where not provided for 694 provided for 593 Assets, distribution<)f by executor or admuiistratoSf provided for 592 liability of executor or administrator in respect to 592 notice to be given prior to distribution of, &ft. 592 right of claimant or creditor to follow, not prejudiced 592 Assignment, of personal property, party may make and how 691 Attorney, power of ; acts done 6on PERSON AI. ESTATE Age ; persons under 21 years, incompetent to make Alteration in, how far to aif eot validity of Appointment, by, how to be executed to be valid Conveyance subsequently made, how far to affect Creditor, competent to attest execution of .\ Definition of terms, &c., used in chapter Devise, by married woman, when not void general, what construed to include of estate tail, or in quasi entail, when not to lapse real estate to executors or trustees, how construed with out words of limitation to attesting witness, void in certain cases to testator's children, dying before him, when not to lapse Execution of wills regulated ; what formalities required Executors, competent to jwove execution, validity of, &c deemed trustees to fulfil testator's contracts, &c devise of real estate to, how construed " Issue," "die without," "die without leaving," &c., how construed.... Lapsed legacies, included in re.xiduary devise, unless, &c. Marriage ; revocation of will, except in certain cases Married women ; may make wills in certain cases ; wills of not void for gifts to husbands Obliteration, interlineation, EVEDEIWCE Absent witness ; deposition of, how taken, ty£!VCE-Continued. Probate of will, or certified copy, received as evidence in all cases 644 Proclamations, treaties, and acts of state, how proved 541 Eegister of British ship, &c., how to be received in evidence 543 Subpoena, justice of peace may issue, where residence distant 547 Wife not compellable to disclose communications of husband 546 competent witness in case of adultery, &c 646 Wills; probate or certified copy of, when receivable in evidence 644 provision as to, when proved abroad, &c 544 schedule of, intended to be given in evidence, furnished 545 Witnesses ; about to leave province, deposition how taken 536 absent from province, deposition how taken 636 attesting, when testimony of not requisite... 546 competency and incompetency of, defined 545,546 definition of term, when used in chapter 549 evidence of inconsistent statement by, how received 647 examination of, relative to his conviction of crime 547 relative to previous statement in writing 647 fees and travel must be tendered to 647 party producing not to impeach credit of , &c 646 refusal of to obey order, a contempt of Court 537 who entitled to administer oaths and affirmations to 648 Wolves. See Animals, Noxious, Destruction of 343 Women, Markied, Deeds BT. See Married Women, Deeds hy 359 Protection or. See Married Women, I^atection of 384 Woodcock AND Snipe. See Sirds and Animals 340 'WOODS ATn> mARSHES, BURNINQ 332 Offender against provisions of chapter, liable for all damage 332 Person convicted, liable to imprisonment, if no goods 332 Prosecutions must be commenced within three months 332 Regulations, for preventing damage, to be made by sessions 332 penalty for breach of, affixed 332 WoKKS, Pdblic, Subscsiptions to. See Public Works, Subscriptions to 323 Writ or Certiobabi. See /Supreme Court, PleadinffS 453 DowBR. Dower, Writof 667 Execution. Execution Habeas CoBFUs. See Liberty of Subject 566 Injunction. Equity Procedure _ 530-1 Inquiry. Supreme Court, Pleadings 453 Mandamus. Equity Procedure 629 WsiTS OP Mesne Fbocesb. Supreme Court, Pleadings, ^c..447 to 450, 453, 505-6, 610 Wrongs, Forms IN CASES of. " " " " 517 to 619 Tabmouth. Bee Mtmie^alities 317 Thar. Statutes, Promulgation, SfC 3 APPENDIXES TO THE REVISED STATUTES NOVA SCOTIA. FOtrUTH SERIES. CONTENTS or APPENDIXES APPENDIX A. Enactments of the Legislature of Nova Scotia remaining in force under Section 6 of Chapter 1 of the Acts of 1873, entitled, " An Act to provide for the publication of the Consolidated Statutes." I. ELECTION LAW. PAGE. Chaptee 28 OF THE Acts oe 1863: Entitled, " An Act to regulate the Election of Members to serve in the General Assembly ; " with amendments * . . 3 Chaptee 24 op the Acts of 1870: Entitled, " An Act to establish vote by Ballot at Elections : and to amend Chapter 28 of the Acts of 1863 ; " veith amendments 18 Chaptee 3 of the Acts of 1871 : Entitled, " An Act to secure the Lidependence of the House of Assembly ; " vdth amendments 22 Chaptee 14 of the Acts of 1872 : Entitled, "An Act to further amend Chapter 28 of the Acts of 1863, entitled ' An Act to regulate the Election of Members to serve in the General Assembly.' " 24 * Far the sake of oonvenienoe iiiid symmetiy, cettain portions of tliis Act. repealed by Oliapter 21, 1870. bare been printed as thongli unrepealed. IV CONTENTS OF APPENDIXES. II. Ohaptbh 70 or the Eetised SiATrTES, Thied Seeies : " Of Provincial Grovernment Eailroads ; " with amendments . 27 APPENDIX B. Unrepealed Legislation of the Province of Nova Scotia, upon matters wholly or partially withia the jurisdiction of the Parliament of Canada, or of doubtful jurisdiction. OHAPTEES AND PAETS OF CHAPTEES OP THE THIED SEEIES OF THE EEVISED STATUTES. Chaitee 22. Chaptee 23. Ohaitee 28. Chaptbe 32. Ohaptee 34. Chaptee 75. Ohaptee 79 . Chaptee 81. Ohaptee 82. Chaptee 83. Chaptee 84. Chaptee 85. Chaptee 94. Chaptee 95. Chaptee 116. Chaptee 11 Y. Chaptee 123. Chaptee 126. Chaptee 129. Chaptee 137. Of the Penitentiary 45 Of Sable, Saint Paul, and Scattarie Islands, and of Light Houses 46 Of Naval Property 46 Of an Electric Telegraph for Military Purposes . . 49 Of the Privileges and Naturalization of Aliens . . 50 Part I. Of Shipping and Seamen ; with amend- ments 50 Part II. Of the Eegistry of Ships 59 Of Pilotage, Harbors and Harbor Masters ; with amendments 60 Of Factors and Agents ' 63 Of Bills of Exchange and Promissory Notes ; amended 66 Of Currency 67 Of MUls and Millers 68 Of the Eegulation and Inspection of Provisions, Lumber, Fuel and other Merchandize ; amended 69 Of the Coast and Deep Sea Fisheries ; amended. . 77 Of Eiver Fisheries ; with amendments 81 Of the Law of Copjrright 86 Of Patents for Useful Inventions 88 Of the Supreme Court and its Officers 90 Of the Cqiirt for Divorce and Matrimonial Causes; _ with amendmenta. ^ . .^. 90 Of Stipendiary or , Police Magistrates ; amended 93 Of the EeUef of Insolvent Debtors ; amended. . . 96 CONTENTS OF APPENDIXES. V PAGE. Chaptee 147. Of Petty Offences, Trespasses, and Assaults ; amended 100 ■Chaptbh 158. Of Illegal Enlistment 105 Chaptee 159. Of Offences against Eeligion 106 Chapxeb 160. Of Offences against Public Morals, 107 Chaptee 162. tDf Offences against the Public Peace; amended.. 108 Chaptee 165. Of Combinations of "Workmen 110 Chaptee 171. Of the Administration of Criminal Justice in the Supreme Court 115 II. ENACTMENTS NOT FOEMING PART OE THE THIED SERIES OF THE EEVISED STATUTES. Chaptee 82 or the Eetisbd Statutes, Second Seeies ; " Of Interest " 121 Chaptee 5 op the Acts op 1866 : Entitled, " An Act to amend Chapter 128 of the Eevised Statutes, ' Of the Jurisdiction of Justices of the Peace in Civil Cases '" 122 Chaptee 17 oe the Acts op 1866 : Entitled, " An Act to enforce the taking of the Oath of Allegiance " 122 Chaptee 14 op the Acts op 1867 : Entitled, " An Act relating to the refining of Sugar and the manufacture of Tobacco" 123 APPENDIX C. The Act of tlie Imperial Parliament, 30° and 31° Victorise, Chapter 3, known as the British North America Act, 1867. 30" AND 31° VictoeIjE, Chaptee 3. An Act for the Union of Canada, Nova Scotia, and New Brunswick, and the Government thereof; and for pur- poses connected therewith 127 APPENDIX D. Table of Chapters of the Eevised Statutes, Third Series, now wholly inoperative. Chapters of the Third Series of the Eevised Statutes no longer in operation 161 Tl CONTENTS OF APPENDIXES. INDEX TO APPENDIXES. PACEE. Index to Acts, Chapters, &c., of Appendizes 169 General Index to Appendixes 171 APPENDIX A. Enactments of the Legislature of Nova Scotia remaining in force under Section 6 of Chap- ter 1 of the Acts of 1873, entitled, "An Act to provide for the publication of the Conso- lidated Statutes," A.j I.-ELECTION LAW. ChAPTEK 28 OF THE AcTS OF 1863, ENTITLED " An AcT TO Regulate the Election of Members to serve in the General Assembly :" As amended by Chapter 20 of the Acts of 1864, Chapters 2 ^^"^1';^"*"°° °* and 17, 1867, Chapter 1, 1871, § 8 and 9, and Chapter 2, 1871j and omitting expired provisions. 1. Evei-y male subject of Her Majesty, by birth, or naturalization, being of the age of twelity-one years, and not disqualified by law, who shall have been assessed for the year for which the register hereinafter provided for is made up, in respect of real estate, to the value of one hundred and fifty dollars, or in respect of personal estate, or of personal and real estate together, to the value of three hundred dollars, shall be qualified to vote at elections of members to serve in the House of Assembly, for the county in which he shall be so assessed. 12 In cases within the eleventh section of this Act, (i. e. witneBses may where the limits of an assessment district are different from •'« ™"'™°'">'i- those of a polling district) the Clerk of the Peace may, if necessary, summon and examine on oath any witnesses he may To ascertain require to enable him to prove what portion of the names ' included in the roll belongs to the several polling districts to which the said roll extends, and the reasonable charges and Their expenses. expenses of said witnesses shall be a County charge, j4_ * t * « » « Pqj. Q^f^ revisal section the Grand ReTisors, ap- Jury shall annually nominate as revisors six persons, out of Sc,° ™*° whom the Justices shall select three, who shall be duly sworn " to the impartial performance of their duty, in the form pre- scribed in Schedule B to this Act annexed. 16. In the City of Halifax any three or more of the Revisai in the Aldermen to be -appointed in each year, as other city officers ""y'^'^f^*' are appointed, shall annually revise the list of electors within the city qualified to vote at elections for the Assembly, in the ELECTIONS. [appendix Lists tobemade and given to re- viiors. manner and at the times herein prescribed ; and such persons shall be duly sworn, as prescribed in the fourteenth section of this Act. 17. The assessors of each assessment district shall, on or before the twentieth of January in each year, deliver to the revisors, a copy of the assessment roll for the polling districts ■within the revisal section ; and if for any cause any part of the inhabitants therein are exempt from taxation, the assessors shall either include their names in the same or make a separate list of such parties, so that the list shall contain the names of all persons possessed of real or personal estate, in the form following, and deliver it to the revisors. : Assessment Moll for Polling District No. Name. Keal Estate of residents ■within County. Personal estate of residents within County. Real estate of non-residents. Personal estate of non-residents. A. B. CD. E. F. G.H. $100 00 00 00 00 |0 00 100 00 00 00 f 00 00 25 00 00 #0 00 00 00 00 Lists to be pre- pared and post- ed. Notice there- with. 18. The Revisors shall, before the first day of March in each year, select and prepare from the Assessment Roll alpha- betical lists of the qualified electors of each polling district in the revisal sections, distinguishing the residents within the county from the non-residents, and afiixing the place of the non-residents when known ; and shall, on or before the said first day of March in each year, post up a copy of the said list in three of the most public places in each polling district, with the following notice : " The revisors will meet at , on the second [^ Sunday on the third] day of April next, at eleven o'clock, a.m., to revise the list of electors for each of the polling districts num- bers within the revisal district number ; and any person claiming to add to or strike off a name from the list must give notice thereof in writing, with the cause of objection, to either of us, on or before the fifteenth day of March next, and also notify every person proposed to be struck off. Dated the day of , A. D., 18 — . A. B. ) CD. f Revisors." E. F. S A.J ELECTIOKS. 5 19. The revisors shall, on or before the twentieth day of ll'lf^^ltZ^i March in each year, post up in three of the most public offto be posted. places of each polling district, an alphabetical list of the per- sons proposed to be added or struck off respectively in each polling district, with a notice appended to each list to the effect following : " The revisors will on the second [if Sunday the third] Notice there- day of April next, at , in the revisal section number , adjudicate upon the propriety of adding [or striking off, as the case may be,"] the foregoing name to [or from] the list of qualified voters in district number . Dated the day of , A. D„ 18—. A. B. ^ C. D. > Revisors. E. F. ) 20. The person who proposes to strike a name from the ^°."''® i^o *&T list shall, on or before the fifteenth day of March, give notice in writing to the party objected to, either personally or by leaving it at his last or usual place of abode, and shall prove on oath the giving the notice to the satisfaction of the revisors before they hear the objection. £1. At the time and place appointed the Eevisors shall Meeting of re- VlBOrs 13rOC66d'* attend and correct the list, and shall with all convenient logs at, Ac. despatch make out for each polling district an alphabetical list of the electors thereof resident within the County, and of the non-resident electors, stating residence when known ; and on or before the twentieth day of April in each year transmit the same to the Clerk of the Peace. They shall add to or strike from the list the name of any person whose qualification or disqualification is satisfactorily proved to have existed at the date of the last assessment, provided notice of the claim has been given to a Eevisor on or before the fifteenth day of March ; and in ca^e of disqualification, provided it be proved to the satisfaction of the Kevisors, that notice in writing has been given to the party objected to within the same period. 22. When a firm is assessed in respect of property sufii- k™8. cient to give each member a qualification, the names of the several persons comprising such firm shall be inserted in the list ; but if the property be held by a body corporate, no one ^°f*° '""^° of the members thereof shall be entitled to vote, or be entered on the list of voters, in respect of said property. 23. The Kevisors, when correcting the list, shall strike Patipers to be therefrom the name of any person who within the twelve calendar months then next preceding shall have received aid as a pauper under any poor law of this Province, or aid as a poor person from any public grant of Government money. 24. If the Assessors neglect to make up and deliver the Penalty for De- lists, or wilfully deliver an incorrect list, or if the Revisors fill»tleox»^*^ 6 ELECTIONS. [appendix neglect to revise the list so delivered, or wilfully transmit an incorrect list, for every neglect or wilful delivery or transmis- sion of an incorrect list every Assessor or Eevisor so contra- vening this Act shall pay a penalty of one hundred dollars, which any person may recover with costs, and each day a list is delayed shall be a separate offence. dinteieXrr*'' ^^' '^^^ Sheriff of the County shall, on or before the twenty-fourth day of April in each year, attend at the office of the Clerk of the Peace to ascertain the non-resident electors who may be qualified to vote in more than one polling district, and the Clerk shall under his direction make a copy of the list of each polling district, with the name of any non-resident elector marked as such who may have selected that polling district. He shall make an alphabetical list of the remaining non-resident electors. When a non-resident elector shall, before the said twenty-fourth day of April, have notified the Sheriff in writing of his selection of a particular polling district, his name shall be inserted and entered on the list of that polling district until he become disqualified or direct otherwise. In case no such notification has been made the names of such non-resident electors shall be added to the list for any one of the polling districts in which their qualifi- cation exists. b'°sh?riff°l?i4 * ^^" '^^^ ^^^^^ ®^^^^ ^® made up, signed by the Sheriff, and deposited with deposited with the Clerk of the Peace on or before the fourth c er p ace. ^^^ ^^ ^^^ .^ ^^^j^ year, and shall thenceforth be the register of electors for the county. If register not 27. If from any cause the register of electors for any yew'prertousto polling district is not made up in any year, the register last be used. made up shall be used in its stead for the purpose of election. Revisers may 28. The Revisors shall have power to summon witnesses newei" 40?*^ to attend at the time and place appointed, to give evidence as to the qualification or disqualification of ainy person, and to administer an oath and examine the parties ; and such witnesr ses, on oath, and any person so summoned, who shall neglect to Penally for non- attend without good cause shewn therefor to the Uevisors, or wftneMes." "^ attending shall refuse to be sworn or give evidence, shall be liable to a penalty of twenty dollars ; and every witness attend- Fees. ing shall be entitled to receive the same fees and travelling charges as witnesses attending before Justices of the Peace in civil suits, to be paid by the person at whose instance the re- spective witnesses may be summoned. Stf of nfufax, ^^- '^^® li«* °f electors for the City of Halifax shall be how made up, ' revised and corrected by the Aldermen, as above prescribed ; and the City Council may regulate the same by bye-laws not inconsistent with this Act ; and when the list is corrected, and an alphabetical list of every ward or polling district is made A.] ELECTIOUS. T up, it shall be signed by the Mayor and filed with the City Clerk, and be the register of electors for the said city. 30. The reasonable charges of the Sheriff, Clerk of the Expenses of Peace, City Clerk, Assessors and Revisors, and of any other ^ster.how person required to assist in preparing the register of electors, ^* " shall be a county or a city charge, and shall be presented, as- sessed, levied and collected,, like other county and city charges. 32. When a new assembly shall be summoned, or more Form of write than one vacancy occur at or about the same time, the writs length of no'- shall be so transmitted that the same may be received by the '"'°' *"'' respective Sheriffs as nearly as may be at the same time. There shall be at least forty days between the teste and return of writs. The writs shall in the body thereof express the day when the Sheriff shall hold his^court for the commencement of the election, allowance being made for enabhng him to give at least ten days notice of the election throughout the County; and in cases of general elections, or where more than one writ shall be reqtiired to be issued at or about the same time, the day named for holding the Sheriff's court for commencing the elections shall be the same in all the writs. 33. The Sheriff shall, immediately on the receipt of a fh™fff^?|.°^ writ, endorse thereon the day of receipt, and shall forthwith ceiptofwrft. cause notice in writing or by printed handbills to be posted in some of the most public places within every polling district in the County, for which representatives are to be elected, which notices shall express the day when the Sheriff will hold his court at the County Court House, being the day named in the writ therefor ; and also the time and place at which, in case a poll be demanded, the same wiU be taken, and the number of representatives to be elected, and for what places in particular under the writs then under the Sheriff's hands ; and that aH persons who are guilty of bribery or undue influence at the said election wiU, on conviction of such offence, be liable to the penalties mentioned in that behalf in the Chapter of the Revised Statutes, " Of the Prevention of Corrupt Practices at Elections," and the poll shall be taken in the week next following that wherein the Sheriff's court for opening the election shall be appointed to be held, and on the same day of the week as the day appointed for holding such court. 35. On the day appointed for opening the election, the BherffPe court Sheriff, or his Deputy shall open his court at the County Court ssc, oaths to be House, between the hours of ten and twelve of the clock in ^^•°*°»*«'^*- the forenoon, and shall read his writs, and shall take the fol- lowing oath, to be administered by a Justice of the Peace, or any two electors then present : " I, A B, do swear that I have not received, and will not receive, any sum of money, office or employment, or gratuity, 8 ELECTIONS. [appendix Proceedingi at SheriflTs court. If candidatea withdraw, or any bond, bill or note, or promise of gratuity whatsoever, either by myself, or another to my use or advantage, for ap- pointing any presiding officer to take the poll, or for appointing any PoU Clerk, or for making any return at this election ; and that I wUl make such appointments impartially and according to la-w." And the Sheriif shall then administer to the Clerk vrhom he shall have appointed to assist him in the election an oath for the faithful and impartial discharge of his duty, and shall continue the court open until two of the clock in the afternoon of that day ; and on the same day, and as soon after two of the clock as the duties remaining to be performed will permit, shall finally close the court, or adjourn the same to another day, as the case may require. ^ 36. The Sheriff shall, at his Court, receive the names of the candidates proposed by two electors of the County, previously to two o'clock ; and their names shall be by the Clerk, under the Sheriff's direction, entered in the Sheriff's Record Book, and no candidate's name shall be entered after two o'clock, and at that hour the Sheriff shall proclaim the names of candidates, and shall receive the Schedules of and administer the qualification oaths to candidates whose qualifi- cations may be questioned, and who shall not have previously qualified ; and in the case of each election, in respect of which, -previously to two o'clock, no more candidates are proposed than are requii-ed to be returned, the election shall be forth- with determined, and the Sheriff shall declare the candidates proposed, and who shall have qualified, if thereto required, duly elected members, and shall make return of the writ accordingly j and in cases of elections where opposing candi- dates shall be proposed, previously to two o'clock, who shall have qualified, if required, as directed by this Act, and where a poll has been demanded, the Sheriff shall then grant the poll, and make proclamation of the time and place at which the poll will be taken in the several Polling Districts, con- formably with the notices before conditionally given, and then adjourn the Court, as regards the Elections in which a poll shall be demanded, to some day within five days next after the day for taking the poll, then to be held at the same place. 37. Any candidate proposed at such election may, at any time before one o'clock of nomination day, by writing under his hand, or publicly and openly in the Sheriff's Court, direct his name to be withdrawn. In which case the entry in the Sheriff's Eecord Book shall be erased, and the Sheriff shall immediately give public notice by proclamation aloud, and thereupon such party shall not be considered as having been proposed as a candidate. A.] ELECTIONS. 9 38. A person capable of being elected a member of the ^JJ,^™°fga™ °^ Assembly shall be a male British subject, of the age of twenty- one years and upwards, and qualified to be an elector under the provisions of this Act, in some County of this Province, or shall have a legal or equitable freehold estate in possession, of the clear yearly value of eight dollars ; and any candidate at any election shall, if required, by any other candidate or any elector, or the Sheriff, make before the Sheriff the following declaration : I, A. B., do declare and testify that I am a British subject. Declaration. of the age of twenty-one years, and that I am duly qualified under the Act to regulate the election of members to serve in the General Assembly,* to be an elector of this Province, and that my right to vote as said elector is in Polling District Number in the County of . If the candidate claims to be qualified as a freeholder, then after the asteriik insert ihe words, " in right of freehold property of the clear yearly value of eight dollars, owned by me and described as follows " : \liere briefly describe the same, setting forth the County where situate, and further particulars. 39. The candidate, or any elector for him, may make and °e°au"sm°bed! subscribe the declaration in the presence of a credible wit- ness, and present it to the Sheriff, or it may be made on be- half of the candidate by any elector in presence of the Sheriff. 40. If the qualification of a candidate when questioned „o^"*"fiflg"°° shall not, before the close or adjournment of the Court, be candidate dis- specified as in the preceding section directed, the candidate shall be incapable of being elected, nor shall his name be entered on the Record Book, or if entered, the same shall be expunged at or before the close or adjournment of the Court. 41. No Presiding Officer shall receive, nor shall any Poll Ia°l?noton°'^' Clerk record, the name of a person as a candidate, nor shall ^ b^Te^fused' any vote be received for him unless his name shall have been entered as a candidate in the Sheriff's Record Book at the Court, and shall not have been expunged; and votes entered on a Poll Book contrary to this provision, shall, in respect of such person, be expunged, and not counted by the Sheriff in casting up the votes, 42. When a poll shall have been granted, it shall be ^"h'eVrJ'^eVed'J opened in the different districts at or near the polling place, *"• at eight o'clock in the morning of the day appointed, and be kept open until five o'clock in the afternoon, when it shall finally close, and the Sheriff shall, prior to the polling, cause booths to be erected, or procure buildings at which the poll may be taken. 43. When a poll has been granted, the Sheriff shall, by ftS"" the'^ou'" precept under his hand, appoint a Presiding Officer for taking 10 ELECTIONS. [appendix 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 for the County, and the Sheriff shall also appoint a Poll Clerk for taking the votes under the dii-ection 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 candi- dates for whom votes 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 Officers, who shall communicate the same to the electors when required, and the Sheriff shall be responsible for the conduct of his Presiding Officers and PoU Clerks. Sheriff may act 44. The Sheriff may act as Presiding Officer in a District offlMr? ^^ without precept and without taking the Presiding Officer's oath, re'rtel:"''" ^^- -^^ ^^^^ elcctiou held hereafter, the Sheriff shall furnish to be famished, the Presiding Officer of each Polling District with a true copy of the register of electors of the Polling District for which he is appointed. Elector to vote 47. No elector shall be permitted to vote in more than one only. Polling District in this Province on the same day. Must vote 48. No elector having at any election a right to vote in Tt teste'^of writ, the County in which at the teste of the writ he resided, shall be permitted to vote in any other County. Name and resi- 51, Before any elector is permitted to vote, he shall state dence of elector ,J i/-viii- made, or shall hereafter be made, under provisions of this against county. Chapter, in respect of damages for materials taken for railway purposes, may elect to consider such award as an award against the county. 21. Upon such award being filed with the County Treasurer, when award with such election endorsed in writing thereon and signed by fy'chMge^ °'""'' the party in whose favor the same shall have been made, the same shall become a county charge in the same manner as if it had been first paid by the contractor, under the provisions of this Chapter. 22. Before any party other than the commissioners and con- Persons other tractors immediately under them shall be at liberty to enter tors! "ftc^^must upon private lands under the twelfth section, they shall be with'writtrnl" obliged to furnish the owner or possessor thereof, or leave at *''°''''y- p his residence, a written authority from such commissioners or contractors authorizing such entry ; and thenceforth the owner „, shall, at his option, be entitled to consider any act to be done, teid liabfe. ' and any liability to be incurred by the party so authorized as the act of the party himself, or of the person or persons whose authority is so given. 23. Nothing contained in this Chapter shall authorize the Fruit or oma- commissioners or contractors to cut down and carry away any Scepted?*' fruit trees, or trees planted or preserved for ornament, 24. The moneys payable for such lands and fencing shall ^°"«y pa'd for _ 1 1 • 1 • r 1 •'•'»"" land to torm torm a county charge, but m the apportionment oi the assessment ,<«"'"'y chargt ; ' ' how asaesied. 30 RAILROADS. [appendix Jury— how drawn. Striking of jury. "Wliere same l>erB0n holds offices of pro^ thonotary and clerk of peace. Lists to he fur- nished hy rail- way commis- wioners. Reflations re- garding the striking of the J«ry. the sessions shall have respect to the relative benefits derived from the railway by the several sections of the county, and shall apportion the assessment accordingly. 44. On the first Tuesday of June in every year, or at such other time and times as shall be fixed by a Judge of the Supreme Court, between the hours of ten o'clock in the forenoon and twelve o'clock at noon, the Prothonotary of every county in which a railway is being constructed, shall, in his office, in the presence of the Clerk of the Peace, who is hereby required to be present, and in the presence of any other persons who may desire to attend, draw from the grand jury box the names of twenty-eight persons then resident within the county, liable and able to serve as grand jurors for the then current year, in the same manner as special jurors are now drawn — a notice of such time to be posted up by the Clerk of the Peace, in at least three of the most public places near where such railroad damages have been sustained at least ten days before the drawing of such jury- 45. The Clerk of the Peace on the one side and the claim- ants for damages on the other shall reduce such list to four- teen by each striking ofi" a name alternately as special jurors are struck. 46. Where the same person shall fill the office of Prothono- tary and Clerk of the Peace, and no person shall have been appointed for the purpose by a general or special sessions, who are hereby authorized to make such appointment, the Gustos shall attend and act on behalf of the county instead of the Clerk of the Peace, and in the absence of the Gustos, or in case the Clerk of the Peace and Custos, or either of them be claimants for damages, and no person be appointed by the sessions as be- fore mentioned, or if the person appointed do not attend, then any disinterested magistrate may act for the county. 47. The Board of Railway Commissioners shall, previously to the striking of the jury, furnish the Prothonotary with a list of the names of the several claimants for damages through whose lands the railway passes, according to the engineer's return to the Board, together with the quantifies of land in each case dedicated to the public, and also with a list of the names of those who shall have sustained damages by reason of the rail- way having deprived them of access to their property, whether on land or water, or having destroyed or impaired any use, ease- ment or privilege which they had enjoyed in relation thereto: and such commissioners shall also furnish the Prothonotary with plans distinctly exhibiting the premises of the claimants, with the line of the railway as it affects the same respectively. If the parties present who are interested as claimants agree upon any person to strike for them, the Prothonotary shall minute the A.] RAILROADS. 31 fact in writing, and such person shall act in that behalf : if the claimants cannot agree upon any person, or if no claimants attend, or if no one attend to strike on behalf of the county, the Prothonotary shall strike for the absent party in the same way as special jurors are struck. If no qualified person appear to strike on either side, the first fourteen names drawn shall be the jury to be summoned. 48. The Prothonotary shall thereupon forthwith issue and Venire, deliver to the Sheriff a venire as in schedule A, directing the Sheriji to summon such jury to appear at a time and place, to be therein named not more than sixteen days distant. And the Sheriff shall duly warn such jurors, and both he and the Prothonotary shall attend on the return day of such venire. 49. The first seven jurors who shall answer upon being Proceedingi of drawn and called as petit jurors are drawn and called shall be ^^'^' " '* ' sworn by the Prothonotary according to the form of oath in Schedule B ; and a panel of their names shall be prepared by the Prothonotary, and by him attached to the venire, and he shall hand such venii-e to the Sheriff, who shall with such jury proceed to the execution of their duty forthwith, or on a day to be then named, and whpreof the jury shall be duly notified ; and if the number of such jurors at any time be reduced by death, inability from illness, or other cause, or through neglect or refusal, the remaining jurors shall proceed as if no such re- duction had taken place, provided the whole number be not re- duced below five. The jury shall examine the premises in each case, and shall value the land taken and dedicated for the railway, and shall estimate the damages to the property and investigate each separate claim for damages according to the circumstances, and form their judgment of such damages, as well prospective as present, including loss for delay of pay- ment ; and also shall consider the relative benefit as well as injury done to the property by the construction of the railway ; and the jury or in case of disagreement after four hours' de- Disagreement, liberation, a majority whether of the full or reduced jury shall make an appraisement in writing, signed by such jurors, set- ting forth the amount of damages awarded to each claimant, and particularizing the nature and grounds of such damages, and the property or right in respect of which they accrued; jnd the Sherifi" shall within thirty days next after the swearing in Ketums of of the jury file the venire and panel with the appraisement ^*""^ff' and his return with the. Clerk of the Peace. If the jurors be Proceedings if reduced below five before the appraisements are completed, beiowfive. the appraisements duly made previously thereto shall be returned to the Clerk of the Peace, and the Sheriff shall forth- with summon so many of the jurors drawn and struck, but not at first sworn, as shall be required to fiU up such jury to the 33 RAILROADS. [appendix Fees. requisite number; and such replenished jury, or a majority of them, or in case of their reduction to a number not less than five by the causes hereinbefore mentioned, a majority of such reduced jury shall proceed to make the remaining appraise- ments, and the Sheriff shall have power to adjourn or re- summon the jury from time to time, as occasion may re- quire. Jury to have 50. For the purpose of Securing a fair and impartial an- pers, plans, &c. praisement, the Sheriff and jury shall have free access to all public offices, and to the papers, plans and returns therein ; and the Railway Commissioners, engineers and officers, if re- quired by either party, and any other persons if subpcenaged, shall attend and give evidence as witnesses, under oath, if re- quired by any party interested, and shall also produce all plans, papers and documents under their control touching the matters at issue. 51. The Prothonotary and Clerk of the Peace, or person acting for the county, shall be entitled to a fee of four dollars each for their services ; the Sheriff shall be entitled to four dollars per day ; and the jurors sworn shall be entitled each to the sum of three dollars for every day's actual attendance, in full payment for their services ; the jurors not sworn, but who were summoned and attended, shall be entitled to one dollar for such attendance, and to travelling fees as now al- lowed to petit jurors : and the Sheriff shall be entitled to a further sum of four dollars for warning such juiy, which fees shall be assessed, levied, and collected, and paid as ordinary county charges. Every person summoned as a juror, and making default in the performance of any of the duties re- quired of him, shall forfeit the sum of eighty dollars for each default, to be immediately levied under a warrant from the Prothonotary, directed to the Sheriff. 52. Within thirty days after the return of any appraise- ment, the Custos or Clerk of the Peace, on behalf of the County or any party interested who may deem himself ag- grieved, may apply by affidavit to the Supreme Court, or a Judge thereof, for a summons and order to set the proceedings aside in whole or in part, or to alter the valuation, which summons shall be served upon the opposite party in the man- ner specified therein ; but such proceedings shall not be set aside upon any mere technical objection ; and the Court or a Judge shall have power upon satisfactory proof adduced by affidavit or viva voce examination of the parties and those in- terested, to confirm, increase or reduce the damages, or other- wise rectify the finding of the jury in substance or form ; or il'such Court or .Judge shall see fit,a jury shall be empannelledto tiy !ho disputed ni:ittcrs cf fact Math reference to such dam- Forfeit for de- fault of jury. Appeal to su- preme Court- proceedings in A ] KAILBOADS. 33 ages ; and in case the damages complained, of shall either be reduced in case of proceedings by the county or increased in case of proceerlings by the claimant to the extent of one-sixth, costs shall be recovered by the county or party applyi%, but not otherwise ; and the county shall pay the cost of such proceedings if the damages be not so reduced, to be added to the damages ; and the party shall pay the cost of such pro- ceedings if the damages be not so increased, to be deducted from the amount of his claim for damages ; the Court or Judge shall make a final order touching the damages and costs, of which a certified copy shall forthwith be transmitted by the Prothonotary to the Clerk of the Peace, and by which the court of sessions shall be governed in the amount of dam- ages and costs to be assessed and collected. The iurv con- J"'*' ""^er this • • • O J BBction templated under this section is and shall be the ordinary petit jury of the Supreme Court or a special jury when specially ordered ; and the trials shall take place before the Court or at Tnai. sittings in the ordinary manner of trials. Damages under ge^a umfer ap-** appraisements against which no appeal has been asserted, or trass&BBod! *° which have been determined after appeal, shall be assessed, <:°i,'e<^'«'i "'"i collected, levied, raised and paid as soon as possible, and with- out any needless delay on any pretence whatever. 53. The amount appraised upon each county shall be Payment of payable in two years by equal annual instalments, the first pj^'i^e'd.'^ instalment to be paid in one year after such appraisement with interest at six per cent, per annum for any delay after that period, and the other instalment to be paid in the ensuing year with like interest for delaj' of payment. 54. After the expiration of the notice the Custos of the Coitiflcate of county shall deUver to each party in the form in Schedule "pp'-^'^'"^""*' C, a certificate showing the amount to which such party is entitled under such appraisement ; and such certificate shall be signed by the Custos and countersigned by the Clerk of the Peace, and shall be payable to order, and be transferable by endorsement, and shall authorize the party entitled to receive the amount of such appraisement together with interest for any delay of payment after the instalment becomes due when the same becomes payable, and which shall be a charge upon the county for all the moneys payable thereunder until fully discharged- 55. The damages appraised and established under this Damages— how Chapter, and costs where costs shall be payable, shall be ap^»coSeetedr *"'' portioned by the sessions without any delay amongst the townships, districts and places in each county and district, in proportion to the relative benefits which in the opinion of the court are likely to be derived by the several sections from the railway ; and the proportion of each township, district and 3 34 EAILKOADSi [APPENDIX place shall be assessed upon their inhabitants, and shall be levied, collected and paid over upon the same principle as county rates are or shall be by law levied, collected and paid over, provided that every tenant of real estate for any term less than freehold who shall pay rate under this Chapter shall be entitled to deduct from the rent payable by him to his landlord, or otherwise to recover from the owner of the estate so much of the rate paid by him as was imposed upon him in respect of such real estate. dcir'\r mak^ '^^' ^^ *^^ sessions shall neglect or delay to make any such apportionment apportionment, or to cause any of the moneys to be assessed, may amerce. Collected and paid over, which according to this Chapter they ought to cause to be assessed, collected and paid over, it shall be lawful for^the Supreme Court or a Judge, upon application by any party interested, forthwith to amerce the county for the amounts for which the sessions ought to have made apportion- ment as aforesaid, together with the costs of proceeding before the Supreme Court or a Judge ; such amercement to be ap- portioned and assessed by the Court or Judge upon the town- ship, district and place in each county on the principle pointed out in the preceding section, and the Court or Judge may re- ceive evidence thereon by affidavit or otherwise, and the sums amerced shall be levied, collected and paid over in a manner analogous to that in which county rates are levied, collected and paid over. Amercement 57. The Prothonotarv shall furnish the Clerk of the Peace how collected. . , /» i i • _r i • i With a copy ot such amercement and apportionment lortnwith after the same shall be made by the court or a Judge ; and the Clerk of the Peace within fifteen days after the receipt thereof shall make out and deliver to the collectors the necessary rolls and instructions, and the collectors for each township, district and place, shall thereupon proceed to collect the amount of such amercement. The Clerks of the Peace, Assessors, Col- kcto"°4c.!°' lectors, County Treasurers and all other officers whose agency ™ovU?on7of'"* ^'^^ ^® °^ ^y ^^y ^^^ might be required to carry out the as- thit chapter. sessment, collection and payment of county rates, are hereby required and shall be bound to carry out the provisions of this Chapter according to its true intent ; and in case of neglect or violation of duty shall be liable to the like penalties as are now or as may be hereafter by law imposed for neglect or vio- lation of analogous duties, touching the assessment, collection ^nd payment of county rates, and also to an action for dam- ages at the suit of any party aggrieved. Compensation 58. All officers employed under the sessions, Supreme vc. ' Court or a Judge, in assessing, collecting and levying, shall be compensated for their services under this Chapter, at such rate as the sessions shall award ; and such compensation shall be a county charge. A.] * RAILROADS. 85 59. The treasurers of the counties shall forthwith pay Sum aaeessea n .111 1 1 • /^i '^, "^ to be paid to over all moneys received by them under this Ohapter, to the Treasurer. Provincial Treasurer, who shall pay to the parties respectively the amounts to which they are legally entitled ; and if the sums in case amount paid in shall not meet the claims in full, the sessions shall claim."""' assess and cause to be collected and paid to the Treasurer the deficiency ; and in their default the Supreme Court or a Judge shall amerce for the same, and cause it to be collected and paid in agreeably to the several provisions of this Chapter applicable to assessments by the sessions, and amercements by the Supreme Court or a Judge. 62. No proceeding had or taken under any of the clauses Amenamcntof of this Chapter shall be set aside on any formal or technical ^'""^^ ^"' ground or in consequence of such proceedings not being in accordance with the strict letter of this Chapter, but such pro- ceedings may be commenced anew, renewed or amended in any stage thereof on application to the Supreme Court or a Judge, and when so commenced, renewed or amended shall be as legal, valid and binding on all parties concerned as if no such formal or technical objection had existed thereto, or as if no ' such new or amended proceedings had been had. 03. The cost of fencing necessary in the construction of Cost of fencing, the railway shall be levied from the respective counties within which the railway is or should be constructed, at the rate of two hundred dollars per mile of railway within each county, and shall be apportioned by the sessions, subject to amerce- ment by the Supreme Court, and shall be collected and paid over to the Provincial Treasurer, in the manner directed by this Chapter in the case of railway damages. No county wherein this Chapter shall be carried out bona fide shall be required to assess in any one year for damages to lands and costs of fenc- ing. The costs of fencing shall be payable in two years, one half in each year, and the first half thereof shall be imposed and collected in the year next following that in which the last in- stalment for land damages shall have been imposed, or in which h e same under the provisions of this Chapter should have been imposed. 64. The court of sessions shall require the treasurers and Bonds from collectors to give sufficient bonds in the name of Her Majesty, "■'"'""■°''«' *<=• conditioned for the faithful discharge of their duties. 65. If any person shall wilfully obstruct any person acting obstruction of under the authority of the Commissioners in the lawful exercise ™'"^°>?'> on .... , "^ , 11* n t .1 railroad — peu- of their power m setting out the line oi the railway, or shall »"y for, sic. pull up or remove any poles, pegs, or stakes driven into the ground for the purpose of so setting out the line of the rail- way, or shall deface or destroy any pegs or marks put down or made for the same purpose, or shall wilfully obstruct any of the 36 RAILROADS. [APPENDIX contractors or their servants or workmen while employed in the construction of the railway, he shall forfeit a sum not exceed- ing twenty dollars for every such offence. Impeding offi- 67. If any person shall wilfully obstruct or impede any cers in ciccn- „ •' '^ 2. i ^T. n • • • it, tion of duty; OHicer, Servant or agent ol the Commissioners in the execu- trespass, &c. ^j^^ ^£ j^j^ (Juties upon the railway, or upon or in any of the stations or other works or premises connected therewith, or if any person shall wilfully trespass upon the railway or any of the stations or other works or premises connected therewith, and shall refuse to quit the same upon request to him made by any officer, servant or agent of the Commissioners, or shall wilfully disturb, break down, injure or destroy any of the fences of the railway, or remove the same or any part thereof, or shall blot out or deface any regulations put upon the line, or pull Injury to fences down or inj ure the boards upon which such regulations are pena y or. ^Qj^gj — evciy such person so offending, and all others aiding or assisting therein, shall severally forfeit a sum not exceeding one hundred dollars for every such offence. Gates— penalty 68. If any person shall omit to shut and fasten any gate for Icfivinsr •/ ^ •/ o open. set up at either side of the railway for the accommodation of the owners or occupiers of the adjoining lands as soon as he and the carriage, cattle or other animals under his care have passed through the same, he shall forfeit for every such offence a sum not exceeding eight dollars. Driving, &c , 69. If any person, after the railroad or any section thereof road— praaTty shall be opened for use, shall himself go thereon, or shall ride, '"''■ drive or lead any animal thereon, he shall for every such offence forfeit a sum not exceeding eight doUai^s ; but nothing in this regulation shall prevent the passing across the railroad where the same is crossed by any other road on a level there- with. Animals stray- 70. If any animal shall be found going at large within the penalty™'™*'*' limits of the railroad, or any section thereof, after the same shall be opened ' for use, the owner thereof and the person through whose fault or neglect the same shall occur, shall for every such offence severally forfeit a sum not exceeding eight dollars ; provided the railroad shall have on the sides thereof where it shall not cross some other road on the same level, a fence approved of by the Commissioners. Biotous conduct 71. If any person shall travel or attempt to travel in any refusal to pay' ' Carriage belonging to the railroad, without having previously for! '""'* ^ paid his fare, and with intent to avoid payment thereof; or if any person having paid his fere for a certain distance, know- ingly and wilfully proceed in any such carriage beyond such distance without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof ; or if any person knowingly and wilfully refuse or neglect on A.J RAILROADS. 37 arriving at the point to which he has paid his fare to quit such carriage ; or if any person while in such carriage shall offend or annoy the other passengers therein by riotous conduct or by indecent or profane language, or shall disobey the lawful directions of the guard, or shall persist in smoking after a re- quest from the guard or from any other passenger to desist therefrom— every such person shall for every such offence for- feit a sum not exceeding twenty dollars. 73. If any person be discovered either in or after commit- Detention of •' F . 1 rr • 1 offenders— by ting or attempting to commit any such oiience as m the pre- whom, ceding section mentioned, all officers and servants of the Commissioners and such other persons as they may call to their aid, and all constables, gaolers and peace officers, may lawfully apprehend and detain such person until he can conveniently be taken before some justice, or until he can be otherwise dis- charged in due course of law. 73. If any person shall send by the railway any aquafor- ^a°"_'e°m8°'*°'^ tis, oil of vitriol, gunpowder, lucifer matches, or other .goods gooae ; penalty J -, 1 • 1 T ■ 1 T . ^ , . for not marking 01 a dangerous character, without distinctly marking their them, nature on the outside of the package containing the same or Otherwise giving notice to the book-keeper or other servant of the commissioners with whom the same are left at the time of so sending, he shall forfeit for every such offence a sum not exceeding eighty dollars. 74. If any person shall wrongfully open or break open Mode of proce- any gate or fence along the line of railway, or -shall commit parties for tree- any trespass upon the lands appropriated for railway purposes, perty° amended by C, 22 Canada, 1871. OHAPTEE 75. Part the First. OF SHIPPING AND SEAMEN: As amended hy Chapter 1, 1865, S^ 13, and Chapter 11, 1869. ahipping;aru-3 9. The master of any vessel registered in and belonging to esneoeasary, this Proviucc, trading to parts out of the Province, shall not ir form, eon- 4„ „„„ „„ „„„ „r i,- „„„„ „ „ t; „„ caaea necessary, \i±±±o ^ j. \/ t j>x^^ v, i/j. «.\.i.^Axg ^\j ^iu.uu vi^^u va i/ax*.. jl jl vy t xixv^&, ax^cu^ xlv/u tenta,'^^ttes'ta°"' Carry to sea, as one of his crew, any person, apprentices ex- tiona, &c. cepted, without entering into an agreement in writing -^ith such person, specifying what wages he is to receive, the capacity in which he is to act, and the nature of the voyage B.] SHIPPING AND SEAMEN. 51 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 par- ticulars 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. 10. The master of any such vessel carrying to sea any Fines lor ship- such person, apprentices excepted, without having entered contriry"™iiat into the agreement hereby required, shall forfeit twenty ni°tii aecuo"- dollars for every such person ; and the master not depositing as hereby required a true copy of the agreement, shall forfeit twenty dollars. 11. The entering into the agreement shall not deprive any Ajticies not to seaman of his lien on the vessel, or of any legal remedy for !?""•=? seamen's , K 1 • 1 , , lien for wages. the recovery or his wages ; no agreement made contrary to the above provisions, and no clause depriving seamen of their right to wages in the case of freight earned, by a vessel subse- quently 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. 12. If a seaman having signed the agreement hereby re- Proceedings quired, shall not join his vessel, or shall refuse to proceed to ^amenrefueo sea in her, or shall absent himself therefrom without leave, '° J°'" ^'!'? .'»,i ,11 111 , . ^i'^^ articles any justice oi the peace near the place shall, upon complaint signed. upon oath made by the master, mate or owner, by his warrant, cause'such seaman to be apprehended and brought before liim ; 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 com- mitting such seaman, cause hiui to be conveyed on board the vessel or delivered to the master, and shall award to the master the costs incurred in such apprehension, not exceeding the g„retie8 iiabio sum of eight dollars, exclusive of jail fees, which shall be de- *<"• advance and ducted from the wages to grow due to such seaman. serme^frefLsr" 13. If any seaman having received an advance on his the^voylgl"" shipping, and signing the agreement, and for whom any person shall have become surety and as such subscribed the agree- ment, shall not proceed on the voyage, such surety shall re- pay such advance ; and if the master or owner shall be com- 52 SHIPPING AND SEAMEN. [APPENDIX pelled to procure another seaman, and thereby incur addition- al expense, the surety shall also repay the same, provided it do not exceed half the sum originally advanced. Stides'by sure- ' 14. The party becoming surety shall subscril)e his name how^'^recovered ^^ *^^® agreement in the proper column thereof, opposite to back when for- the name of the seaman for whom he becomes surety, and such signature shall render him liable to the extent abovcs declared ; and the amount shall be sued for as debts of the like amount by law are ; and on production of the agrec^ment and proof of the execution thereof by the seaman and by the surety, and of the refusal of the seaman to proceed to sea, judgment shall be given against the surety for the advance paid to the seaman, and for the additional expense to the ex- tent above named, together with costs, as allowed by law in case of debts of the like amount. Forfeitures in- 15. If any scamau after having signed the agreement, and men for ab- ^"^ during the period for which he has agreed to serve, shall o1&nee"f mode wlthout leave absent himself from the ship or from his duty, of proof. ixQ shall in cases not of absolute desertion, or not treated as such by the master, forfeit out of his wages to the master or owner the amount of two days' pay for every twenty-four hours absence, and in like proportion for a less period of time, or at the option of the master, the expenses incurred in hiring a substitute to perform his work ; and any seaman without sufficient cause neglecting to perform the duty re- quired by the person in command, shall be subject to a like foi'feiture for every such offence, and for every twenty-four hours continuance thereof; and if any seaman after having signed the agreement, or after the ship's arrival at her port of delivery, and before the discharge of her cargo, shall quit the ship without a discharge or leave from the master, he shall forfeit to the master or owner one month's pay out of his wages. No such forfeitures shall be incurred unless the fact of the seaman's absence or neglect, and the time or duration thereof be entered in the log book ; this entry the owner or master shall in cases of dispute be obliged to substantiate by evidence of the mate, or other credible witness. Modeofoompu- 16. Where the scamau has Contracted by the voyage or whlre'I^'ee" ^7 ^^^^ ^'^D, the amouut of forfeitures shall be ascertained TO™' e° *^ "'^ * '^^ • — 1^ ^^^^ duration of the voyage shall exceed one month, the forfeiture of one month's pay shall be considered a for- feiture of a sum bearing the same proportion to the wliole 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 tlie sum bearing the same proportion to the whole, wages as that period bears to the time spent in tiie voyage ; if the whole time does not exceed one month tiie forfeiture of one ^month's pay shall be considered a forfeiture of tlie B.] SHIPPING AND SE!AMEN. 53 "whole waigcs ; if such time does not exceed two days, the forfeiture of tw^o days' pay shall be considered a forfeiture of the whole wages. The maister shall deduct all forfeitures from the wages of the sea;man incurring the came. 17. A seaman deserting his vessel shall forfeit to the f"//*^^"^^^^"^. owner or master all his effects remaining on board, and the Hon. wages dde to him ; provided the circumstances of the des- ertion 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 immedi- ately preceding the vessel's sailing without leave of the master, or at any time under circunlstances shewing an in- tention not to return, shall be considered an absolute deser- tion ; and if such desertion shall take place out of this Province, and the master shall be obliged to engage a substi- tute for the deserter at an increaised rate of wages, he shall recover from such deserter the excess of wages paid to such substitute as wages are hereby made recoverable. 18. If any seaman or apprentice is imprisoned on the i"P™oned «ca- -I n , • ■, ■ 1 ^^1 p , - . . . toen may be ta- ground oi his having neglected or refused to loin* or to pro- ken on board m ceed to sea in any ship iii which he is engaged to serve, or of l^^ ° ^°^'" having deserted or otherwise absented himself therefrom with- out leave, or of his having committed any other breach of discipline, and if during such imprisonment and before his engagement is at an end his services are required on board his ship, any justice may at the request of the master or of the owner or his agent cause such seaman or apprentice to be conveyed on board his said sMp for the purpose of proceed- ing on the voyage, or to be delivered to the master or any mate of the ship or to the owner or his agent, to be by them so conveyed, notwithstanding that the termination of the period for which he was sentenced to imprisonment has not arrived. 19. Aiiy person harboring or secreting a seaman who Harboring or shall have signed the agreement hereby required, and ab- menfifoV^pun- sented himself from his vessel without leave, knowing or jJeni' debts having reason to suspect him to be so absent, shall forfeit i=ow and -when four dollars. No debt over one dollar incurred by a seaman after signing the agreement shall be recoverable until the COticlnsibu of the voyage. The keeper of a public house shall not detain any effects of a seaman for any debt contracted by him. In case of such detention any justice shall on con- plaint 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. 20. The master or owner shall pay every seaman his seamen's wages wages if demanded within three days after the delivery of reco^e^able.*""^ the cargo oi- ten days after the seaman's discharge, which- 54 SHIPPING AND SEAMEN. [APPENDIX ever shall first happen. The seaman on his discharge shall be entitled to receive one-fourth of the estimated balance due to him, and in default thereof the master or owner shall forfeit to the seaman two days' pay for each day not exceed- ing ten days that such payment without sufficient cause is withheld. This forfeiture shall be recoverable in the same manner as seamen's wages ; but this provision shall not apply to cases where the seaman by the agreement is paid by a share in the profits of the adventure. Payments to Bea- 21. The payment of wages to a seaman shall be valid not- wiuistmdiDg"'' withstanding any bill of sale or assignment thereof or any mM?i""*°*'^' 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. Seaman entitled 22. A scamau shall ou his discharge be entitled to a to C6irtincfit6 ■ fine for refusing. Certificate 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 twenty dollars. Proceedings for 23. If a scaman having been three days discharged and wages where -i . . , j • ? , i, i . -,? , seamen abont desiring to proceed again to sea, shall require immediate pay- voyage.^' °° " ment of his wages, any two justices 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 they shall order payment forthwith ; and in default of such payment the master or owner shall forfeit twenty dollars. Wages how eoi- 24. When, the wages due to a seaman do not exceed der eighty" do"- eighty doUars, ally two justiccs in the neighborhood oncom- '■"°' plaint upon oath by or on behalf of such seaman, shall sum- mon the master or owner to appear and answer such complaint; and on his appearance, or in default thereof on proof of his having been summoned, the justices shall on the oath ol the parties and their witnesses, examine into the complaint and order payment of the amount due ; and if such order be not obeyed within two days, they shall issue their warrant to levy the amount awarded, by distress and sale of the effects of the party on whom such order was made, rendering to him the overplus if any after deducting the expense attending the complaint and the distress and levy ; and if sufficient distress be not found, they shall cause such wages and expenses to be levied on the vessel ; and if she be not within their juris- diction, they 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 justices shall be final and conclusive. B.] SHIPPING AND SEAMEN. 55 25. The stipendiary magistrate at Halifax and any sti- ^'^p^^^^^^j^ pendiary maeristrate at Pictou shall, -within the County of Hali- have jurisdic- fax, and the limits of the jurisdiction ot the commissioners justices. of streets for Pictou, respectively^ have and exercise the same jurisdiction as is conferred by this Chapter on two justices of the peace. 26. A jury shall be allowed in the trial of causes under Jury allowed, this Chapter, according to the provisions of the Chapter of the Revised Statutes " Of the Jurisdiction of Justices of the Peace in Civil Cases •" except that the application therefor may be made at any time before the return day of the summons ; pro- vided sufficient time shall be given to the justices to issue a venire and have such jury summoned. 27. If a suit for the recovery of a seaman's wages be brought 2no^ea in the in the Court of Vice- Admiralty or any court of record of this vice admiralty Province, and it shall appear to the judge that the plaintiff might he" reco- might have had as effectual a remedy by complaint to justices J^a^^^f"'^" as above directed, he shall certify to that effect, and no costs of suit shall be awarded the plaintiff. 28. The master of every such vessel shall constantly keep MedicincB to tc .-j55 .. . .IT./-.! "i 1 chant shipping Act, 1854, as is inconsistent with this Chapter, is hereby re- act, isu," re- pealed as to ships registered in this Province. ^^^ ^ ' 6. In the event of the certificate of registry of any ship New certificate being mislaid, lost or destroyed, the registrar of the proper port ~^°^ granted. shall grant a new certificate, as the case may require, on proof by affidavit of the original certificate having been mislaid, lost or destroyed. 7. Collectors of colonial duties shall have the same power Enaoreement of to endorse from time to time on the certificateof registry of any masterB." ship at any port where such ship may be any change of master which takes place at that port, as are given to registrars of shipping under this Chapter, and the act of the imperial parlia- ment, entitled " The Merchant Shipping Act, 1854," and the imperial acts since passed. 60 PILOTAGE, HAEBOES AND HARBOR MASTERS. [APPENDIX OHAPTEE 79. OF PliOTAGB, HARBORS AND HARBOR MASTERS: As amended by Ohapter 85, 1865, and Chapter 21, 1866. Sessions may appoint harbor master. Fees how deter- mined. Bridgeport and Spanish River; Appointment of harbor master. Harbor master to continue in office, how loTjg. Power of eep- sions relative to anchorage, &c., maUag of bye- laWS. Wharfage, how established and collected. Baoya, kc. 17. Th6 sessions upon the recommendation of the grand jury may from tiiiie to time appoint and license one fit and proper person to be harbor master for any harbor within any county or district where it shall be jddged by the sessions that the services of such officer may be required, and shall pre- scribe the duties of such harbor masters and the limits of the harbors over which their authority shall extend. 18. The sessions shall fix and determine the amount of fees to be paid to harbbr hiasters by vessels entering such harbors^grovided they shall not exceed the fees payable at Sydney under schedule B. Vessels engaged in the coasting trade and in fishing shall be exempt from such fees ; but the sessions shall have no power to establish fees in respect of any navigable rivet which forms the dividing Hue between two counties. 19. The Governor in Council shall appoint for each of the harbors of Bridgeport and Spanish Eiver, in the Island of Gape Breton, one fit person to be harbor master thereof. 20. Harbor masters heretofore appointed shall continue in office only until others shall be appointed in their place, or until they shall be re-appointed under the provisions of this Chapter. 21. The sessions' shall also make regulations for the an- chorage of vessels and establish convenient and proper places for vessels to discharge their ballast at, and may make agree- ments with persons for erecting wharves and other conveniences for su«h vessels to discharge their ballast upon, and may make bye-laws to cotaipel vessels to discharge their ballast upon such wharves or at such other places as they may appoint, and for allowing mastfers of vessels a reasonable time fot disposing of or selling such ballast, and may affix penalties not exceeding forty dollars for breach of any regulation or bye-law. 22. The rates of wharfage to be paid by vessels using the wharves and other conveniences mentioned in the preceding section shall be established by the sessions and may be recov- ered as a private debt. 23. The general or any special sessions shall from time to time direct as many buoys and other marks to be placed in B,] PILOTAGE, HARBORS AND HARBOR MASTERS. 61 and about the various bays and harbors in their respectire counties as to them may appear necessary for die safety of the shipping and the convenient navigation of those haibors re- spectively, and shall make regulations for the maintenance of Regulations, &c. such buoys and marks as well as of any buoys and marks heretofore placed or erected or which may hereafter be erected, by private enterprise or at the public expense, and may au- thorize the harbor masters to carry the same into effect, and may affix penalties for breach of any such regulations, not to Penalties. exceed twenty dollars for any one offence. 24. The sessions may appropriate such part of the fees Bnoys,&c.,how collected by harbor masters as ;they see fit to the procuring, '^p*^"j -"• placing, erecting and keeping in repair of buoys and water marks in the harbor where such fe^s are collected. 25. The sessions may by regulations to .that effect author- Knes. ize the imposition of fines upon harbor masiters for neglect of duty, not to exceed eight dollars for any one offence, to be sued for and recovered as other penalties are. 26. The sessions shall appropriate out of the district funds Funds, how of Saint Mary's and out of the license funds at Antigonishe the sums necessary for the purposes of the twenty-third sec- tion, which shall be repaid by a regular rate to he 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. 27. At St. Mary's the last precediog section shall not apply fl^^^^^l^ "' to vessels exempted from the payment of harbor dues. 28. It shall be the duty of the harbor masters to prosecute Harbor master,. all persons violating the regulations or bye-laws of their re- &c. spective harbors. 29. No regulation or bye-law to be made by the sessions Keguiations to *j •' tf pe approved uv under this Chapter shall be in force until approved by the Gov- governor. ernorin Council. 30. Any person feeling aggrieved by any regulation or Relief to parties bye-law may complain thereof on affidavit to the Supreme appucltion to Court in the county, and the Court shall inquire into the com- ™preme court. plaint, and if it appear that the regulation or bye-law is contrary to law or oppressive, shall annul the same, and the sessions shall not afterwards niake any regulation or bye-law to the same effect. 31. The sessions shall from time to time appropriate out •^°^'|jgo°ishcto-«' of the district funds sufficient sums to keep in repair the tow- path of the harbor pi Antigonishe. 32. At any general or special sessions of the peace for the Sessions of Tar- 1" /.rcr 1 1* 1 in i niouth may Township 01 larmoutn, regulations may be made to. allow the direct and pre- removal of sand, gravel, or stones from any of tke shores or IaSd,''T?,^from barbors -within tOWQBhip. 62 PILOTAGE, HARBORS AND HARBOR MASTERS. [APPENDIX Harbor masters to furnish regu- lations. Harbor masters fees regulated by schedule B, Halifax except- ed. Appointment and jurisdiction of Harbor mas- ter of Sydney. Vessels not to pay at North Sydney. beaches round the harbors of Yarmouth, Chebogue, Cook's Harbor or Kelly's Cove, or near thereto, within that Totmship, or to prevent the removal of sand, gravel or stones from the shores or beaches of the said harbors, or adjacent thereto ; and penalties may be afiixed not to exceed twenty dollars for the breaking of such regulations. 33. All harbor masters shall furnish copies of the regula- tions made by the sessions by virtue of the twenty-first section to the licensed pilots of the harbor, who shall give a copy thereof to the master or commander of every vessel which they shall take in charge. 35. The fees to be taken by harbor masters shall be at the rates in Schedule B, according to the registered tonnage of the vessels entering the harbors, but vessels bound to Big and Little Glace Bay, Lingan, Bridgeport, Cow Bay, and from the Bras d'Or Lake and calling at Sydney, but not discharging ballast in Sydney harbor, shall not be liable to pay any harbor master's fees at the latter place. 36. The County of Halifax is excepted from the operation of sections seventeen, eighteen, twenty, twenty-three, twenty- four and twenty-five of this Chapter. 44. The Governor in Council may appoint a harbor mas- ter for Sydney, in the County of Cape Breton, who shall have jurisdiction within the following limits, that is to say : all that portion of Sydney harbor lying to the southeast of a line drawn from Point Edward to Baley's Point, South Bar, to include Muggah's Creek, and to extend up Spanish River to Gibbons' Bridge. 45. Vessels entering the port of North Sydney, but in- tending to load at the port of Sydney, shall be liable for har- bor dues at the latter port only. SCHEDULE B. HARBOR MASTER S FEES. At /Sydney and Bridgeport. For vessels not exceeding 100 tons, $1 00 For vessels exceeding 100 tons and under 200 tons, 2 00 200 « " 300 " 4 00 " " " 300 " « 400 " 5 00 Vessels engaged in the coasting and fishing trade to be ex- empt from the payment of any fee. B.] FACTORS AND AGENTS. 63 At Pictou, Pugwash, Wallace, Tatamagouche and Point Brule. One cent per ton on all vessels not under 40 tons. At Saint Mary's. For vessels exceeding 100 tons and under 150 tons, ^1 00 For vessels exceeding 150 tons and under 250 tons, 2 00 For vessels exceeding 350 tons 4 00 Vessels engaged in tlie coasting and fisMng trade, and all other vessels resorting to the harbor for shelter, wood, water or provisions, and not anchoring within the bar, to be exempt from any fee. At Antigonishe. The fees to be established by the sessions. Note.— Seotiona 1 to 16 inclusive 34 and Schedule A. repealed by Chapter 64, Canada, 1873, Sections 37 to 43 inclusive repealed by Chapter 63, Canada, 1873. See coo. Chap- ter 42, Canada, 1872, and Chapter 9, Canada, 1873, OHAPTEE 81. OF PACTOKS AND AGENTS. 1. Any agent entrusted with the possession of goods or Agent in po»- the documents of title thereto shall be deemed the owner „? ae'titfe^"'"*' thereof, so as to render vaHd and binding upon all persons thereof em- • • " IT ST Dowsrod £o B&Il interested therein, any contract made with such persons for or pledge them, the purchase of such goods, or by way of pledge. Ken or security for advances upon such goods or documents, or for further or continuing advances thereon, although the person making such purchase or claiming such pledge or lien, may have had notice that the person with whom such contract is made is only an agent or factor ; provided such contract be made in the ordinary course of business, and such person shall not have notice at the time of making such contract, that such agent is not authorized to sell the goods and receive the purchase money, or to pledge such goods. 2. Any contract for pledge, lien or security made by an Agent's powers agent entrusted with the possession of goods or the documents chan|e°of goods of title thereto, in consideration of the delivery or transfer to »' their titles. 64 FAGTOES AND AGENTS. APPENDIX Contracts made with agents in good faith to he held valid ; lien itor antecedent debt invalid. BocumeTits of title defined* Possession of documents of title possession of goods. Pledge npon title to be pledge upon goods. Agent to l^e cpnsidered in possession of goods, when under his con- trol. Advance to an ngent possessed of goods or their title, where agent not authorized to pledge, when held valid; con- tracts by others for agents held Valid, him of other goo4s or doeuments of title or negotiable secur- ities on which the person delivering them has at the time a valid lien for a previous advance by virtue of some contract made with such agep.t, shall be as valid as if the consideration therefor had been an advance of money ; but the lien acc[uired thereby shall not exceed the value at the time, of the goods, documents of title or negotiable security delivered up and ex- changed. 3. Such contracts, loans, advances and exchanges as are made in good faith, and without notice that the agent making such contracts or agreements is acting without authority or in bad faith, although with notice of such agent not being the owner of the goods, are alone rendered valid hereby and bind- ing upon all persons interested therein. Nothing herein shall make valid any sale, lien or pledge in respect of an antecedent debt owing from an agent to the person to whom such lien or pledge shaU 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 proof of the possession or control of goods, or authorizing or purporting to authorize the holder to transfer or receive goods thereby represented, shall be considered a document of title within the meaning hereof 5. Any agent possessed of any such document, whether derived immediately from the owner of such goods or obtained by reason of such agent's having been possessed of the goods or any other document of title thereto, shall be deemed to be possessed of the goods represented by such document. 6. Any contract pledging or giving a Hen upon such docu- ment shall be deemed a pledge or lien upon the goods to which the same relates. 7. Such agent shall be deemed possessed of such goods or documents, whether the same he in his actual custody or be held by any other person subject to his control or on his be- half ■ 8. Where any advance is made to an agent possessed oi goods or documents of title thereto, on the faith of a contract in writing to consign, deposit, transfer or deliver such docu- ments, if such goods or documents shall be received by the person making such advance without notice that such agent was not au- thorized to make such pledge or security, such advance shall be deemed to be an advance on the security of such goods or documents within the meaning hereof, though such goods or documents shall not he received by the person making the ad- vance until a period subsequent to such advance. Any contract, whether made direcUy with such agent or with any B.] FACTORS AND AGENTS. 65 person on his behalf, shall be deemed to be made with such agent. _ _ Advances ma 9. Any payment, whether by money or negotiable security, be ™money or shall be deemed an advance within the meaning hereof. curi"'^!'''' "^ 10. Any agent in possession of goods or the documents of ageSt olr^goods^ title thereto, shall be deemed entrusted therewith by the owner or their utie, , , 1 1 ■ • T evidence of unless the contrary be shewn m evidence. agency. 11. Any agent who shall, unauthorized by his principal, go^odsiuega^y^ for his own benefit and in violation of good faith, make any g"'"y "^ »■ mis- consignment, deposit, transfer or delivery of any goods or docu- ' '" ments of title so in his possession as a pledge or security, or accept any advance on the faith of a contract to make any such consignment, deposit, transfer or delivery, shall be guilty of a misdemeanor and be imprisoned in the Provincial Penitentiary for a term not exceeding seven or less than t'^f o years, or be fined, or both as the court shall award. 12. Any person knowinsrly and wilfully assisting in mak- Accessories also i ■ i J •.. 4. e A V eaMy of a mis- mg any such consignment, deposit, transter or dehvery, or ac- demeanor, cepting or procuring such advance, shall be guilty of a mis- demeanor, and shall be sentenced to any of the punishments above mentioned as the court shall award, 13. No agent shall be liable to prosecution for any such Agent may consignment, deposit, transfer or delivery as above mentioned for advances on for advances not greater than the amount at the time thereof "°°^p'*°°*°' due to such agent from his principal, together with the amount of any bills of exchange drawn by or on account of such principal and accepted by such agent. 14. The conviction of any such agent shall not be evidence Conviction not in any suit against him, and no agent shall be liable to such against agent; conviction upon any evidence whatsoever, who shall previous disoiosureTnot to his indictment have made disclosure upon oath under com- agalustlgent. pulsory process of any court in any action instituted in good faith by a party aggrieved. 15. Nothing herein shall affect the right of the owner to o^"®' "^'^ ^^' 11 J j«.iiiii deem goods redeem such goods or documents ot title so pledged before the pledged, sale thereof, upon repayment of the amount of the lien there- on or restoration of the securities in respect of which such lien exists, and on payment or satisfaction to such agent if by him req^uired of any amount in respect of which he would be en- titled to retain such goods or documents as against such owner ; nor his right to recover from any person to whom such goods or documents have been pledged, or who may have a lien thereon, any proceeds of the sale thereof remaining in his hands after deducting the amount of such pledge or lien. 16. These provisions shall not, nor shall any conviction,, undenhis^'' or judgment under them lessen, or in any way affect, any affffotheV re- remedy at law or in equity which any person aggrieved would S? ^ity '*^ 66 BILLS OF EXCHANGE AND PROMISSORY NOTES. [APPENBIX have had against the offender if such provisions had not been made. OHAPTEE 82. OF BILLS OF EXCHANGE AND PROMISSORY NOTES : As amended by Chapter 10, 1865, Section 5. Damages and 1. A bill of exchange drawn by a person residing within toteTbius o^f™' the Province and returned protested shall, if drawn upon a exchange. person residing within the Province, be subject to six per cent. per annum interest from the date of the protest to the time of payment. If drawn upon a person in any 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 payment. Promissory 2. A proHiissorv notc shall be assignable or endorsable in notes negotoa- J^ . i j i -n r t. j ^i able; who may the Same manner as an inland bill oi exchange; and the "payee or endorsee thereof, or the holder where the note is payable to bearer, may bring an action thereon in his own name. Notes not pay- 3. A note in Writing for a sum certain payable otherwise presumed°to\e than in money shall be held prima facie to be given for a sidera^ot^hut" Valuable consideration, bnt shall not be negotiable. The how°irecovered! amount of such note may be sued for and recovered as if the amount thereof were payable unconditionally in money. No damages re- 4_ j^ an action brought upon such note the amount only covcr^ulo lor <_? j- ■/ non-deiiTery of payable thereunder shall be recoverable, without damages for lioned in such the non-dclivery of the articles enumerated therein. ""Acceptance of 5. No acceptance of any bill of exchange, whether inland must brfn'^f^ °^ foreign, shall be sufficient to bind or charge any person un- ""s- less the same be in writing on such bill, or if there be more than one part of such bill, on one of the said parts, and signed by the acceptor or some person duly authorized by him. Note.— See Chapter 9, Canada, 1867, 13 Canada, 1870, and 10, Canada, 1873. B.j CURREKCY. 67 CHAPTER 83. OF CTJBRENCT. 3. The treasury notes for twenty shillings each shall here- one pound after be computed at the public departments at three dollars and iTow computed', eighty-nine cents each. 4. All judgments shall be entered in dollars and cents ; Jndgments to " I* .. -T. 1 . be entered in and m case of any omission or mistake m such entries, any two dollars and justices of the peace where the judgment has been awarded by how corrected, any one or more justices, and a judge of the Supreme Court, in the case of judgments entered therein, shall have power to rectify such omission or mistake on such terms as shall appear reasonable and just. 5. Executions upon judgments now subsisting or which Exeaution on shall have been awarded or entered previous to the first day prior to ist of July, in the year one thousand eight hundred and sixty, may taken out.' °'" be taken out in pounds, shillings and pence, or in the corres- ponding amount of dollars and cents, at the option of the judg- ment creditor ; and any undersigned or accidental discrepancy between the amount of the judgment and execution may be Diacrepancy rectified by the justice or a judge of the court from which the "^''^'^ ' * • execution issued on such terms shall appear to be reasonable and just. III. OF DECIMAL ACCOUNTING. 8. All accounts to be rendered to the Provincial Govern- Public accounts ment or to any public officer or department by any officer or in aoUar»°and° functionary, or by any person receiving aid from the Province °™'°" or otherwise accountable to the Government or Legislature thereof, shall continue to be rendered in dollars and cents. 10. The holder of any undertaking or order for the pay- Banters' notes ment of money, which is designed to be, and to serve the like payable in gold purpose of notes or biUs of bankers, or for circulating currency, twelre per^ce^t. whether payable to a real or fictitious person or to the bearer d°ma1fd.*^'°' thereof, or purporting to be transferable by endorsement or de- livery, and whether made payable in gold or silver or other- wise, may (Remand 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 68 CUEKENCY, [appendix interest at the rate of twelve per cent, per annum upon the amount thereof from the day of such demand and refusal. Such notes to 11. Every such undertaking shall be transferable by de- by de1?very*aDd livery Only, without endorsement or assignment ; and every hoiderf'''^ ^^ holder of such undertaking may recover the amount therein expressed as if the same were a promissory note made abso- lutely payable in gold or silver money. Holder may 12. The holder of any such order or undertaking beiug notert*'maker indebted to the person being the maker thereof, may tender as a payment, ^j^g game to such maker in or towards payment of such debt for the full amount therein expressed. Bank notes not 13. Any person issuing as circulating currency any pra- tweMy^doUara. missory note, bank note or bill for a less sum than twenty to be payable in dollars, shall for every such offence forfeit forty dollars : and specie. ' . , "^ . , . '' t Penalty. any person issumg as circulating currency any promissory note, bank note or bill, expressed to be payable otherwise than ia gold or silver money, shall for every such offence forfeit a like sum. Treasury notes 14. The foregoing provisions shall not extend to treasury orders', ba'nk^"' notes of this Province, nor to any undertaking or order not promisso^'^ designed for circulation as currency, but bona fide drawn by notes, not in- any pcrsou upon his banker or any other person, nor shall tended as cur- i .,.t."^ t . rency. they prevent any person indebted m a sum less than twenty dollars from making to his creditor a promissory note or un- dertaking to pay such sum. Note. — Chapter 12, Canada, 1870, allows chartered banks to Issue bank notes for any sum not less than four dollars. Chapter 4, Canada, 1871, repeals $ 1, 2, 6 and 7. CHAPTER 84b OF MILLS AND MIl^iliEBS. Tolls for grind- 1. The toUs to be taken by every miller for grinding «|uiSed?' *°'' wheat, rye, barley, buckwheat or Indian corn, or for grinding oats which are not kiln dried, shelled and sifted, shall not exceed one sixteenth part, nor the tolls for kiln drying, shell- ing, grinding and sifting oats one eighth part of the whole quantity brought to the mUl to be ground. | Tolls for hull- 2. Every miller shall receive for hulling barley one-sixth bofting flour, of the quantity, and for bolting or sifting flour or meal ground *"' at his mill one pint out of each bushel of grain or com so ground. B.] MILLS AND MILLEKS. 69 3. The quantity of grain or corn to be ground shall be ^Xf^^ °* ascertained by a sealed measure. ascertaiDea. 4. A miller demanding or taking any larger toll than is Fine for taking hereby allowed shall forfeit eight dollars for every such offence, meg* upu.'"^ and shall pay the owner the full value of the grain or meal taken beyond the prescribed toll. 5. A miller refusing to grind any grain or corn, or to hull Sg to°g'rind^°" any barley which shall be in good order, or to bolt or sift any &o.; steam mills flour or meal, having the requisite machinery therefor, shall forfeit eight dollars for every offence ; but the proprietor or manager of any steam mill may refuse to receive or to grind any grain or corn, or to hull any barley, and shall not be sub- ject to the above penalty therefor, unless he shall first receive and afterwards refuse to grind such grain or corn or to hull such barley. 6. Every miller shall have in his mill, erected in a con- SeJand ^^^^ venient place, properly fitted and provided, a good and „„''^frpVn°Uyof sufficient beam and scales with proper legal weights, for twenty dollars. the use of persons requiring grain or corn to be ground at such mUl, and, in default, shall for every such offence forfeit twenty dollars. OHAPTEE 85. •OF THE KEGULATION AND INSPECTION OF PROVISIONS, LUMBER, FUEL ANB OTHER MERCHANDIZE : ^5 amended by Chapter 10, 1868. 44. All bread intended for sale shall be marked in Eoman Bread for sale, characters with the initial letters of the grain of the flour or meal of which it is made, and with the initials of the christian and surname of the baker, and shall be also marked with the weight thereof. 45. All bread intended for sale shall be made to the follow- Weight of ing weights respectively, and no other, viz : four pounds, two pounds, one pound, and eight ounces. 46. No person shall sell any bread that shall not be marked ^'"^ *?■■ selling in accordance with the forty-fourth section ; and any person bread, violating the same, by having in his possession, selling or offering for sale any bread not duly marked, shall forfeit for 70 PROVISIONS, LUMBEB, FUEL, ETC. [APPENDIX PerBons selling bread shall keep scales and weights. Justices or con- stables authori- zed may seize bread unmark- ed or short of weight, as for- feited. Fine for ob- structing ofS- cer. Fine for selling bread short of weight. Fine for ser- vants or jour- neymen offend- ing. Baker may be reiicTed from fines incurred by the wilful misconduct of servants. Loaves made to order, or weigh- ing less than h «lf a pound excepted. Limitation of suits. every loaf not duly marked, not less than twenty cents nor more than one dollar. 47. Every person selling bread shall keep a pair of scales and weights, in order that the purchasers of such bread may, if they require, have the same weighed. 48. Any justice of the peace or constable authorized by the warrant of a justice, or the clerk of the market, may visit the premises wherein bread is made Or sold, and may search for and weigh 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 disposed of to poor persons under the direction of such justice. 49. If any person shall obstruct or oppose the officer in making such search or seizure, he shall forfeit not less than four dollars nor more than eight dollars. 50. Any person selling bread deficient in weight, and the offence 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 ten cents, nor more than fifty cents for every half ounce deficient. 51. If any servant or journeyman in the employ of a baker shall offend against these provisions, he shall forfeit not less than four nor more than eight dollars, and in default of pay- ment he shall be imprisoned not less than seven nor more than fourteen days. 52. If any baker shall pay any of the foregoing penalties in consequence of the wilful neglect or default of his servant or journeyman, any justice of the peace, upon the application of such baker, may cause the offender to be brought before him and order him to pay a reasonable sum by way of recom- pense, and if he shall not comply with such order may commit him to jail for a p^iod not exceeding a month. 53. These provisions shall not apply to loaves made to order and rasped by the desire of the customer, nor to loaves or cakes sold, weighing less than half a pound. 54. Prosecutions for breach of any such provisions shall be commenced within three days after the offence committed. Vegetables how t ^i* to be sold. ^eigU. POTATOES, &C. Potatoes and all edible roots shall hereafter be sold by TAKE ON SUGAK. Tare on sugar, 73. The tare to be allowed on the sale of brown or raw t'^ned!"'' sugar shall upon every barrel be twenty-two pounds, and upon B.J PROVISIONS, LUMBER, FUEL, ETC. 71 every hogshead or other package of the weight of eighteen hundred pounds or less, twelve pounds for every hundred pounds of gross weight ; and upon every hogshead or other package of such sugar above the weight of eighteen hundred pounds, the tare shall be ten pounds for every hundred pounds of gross weight. 74 Any person who shall not allow the full tare as herein Kne for not ai- prescribed shall forfeit fifty cents for every hundred weight of saie'.°^ the sugar upon which such full tare shall not be allowed. COAL AND SALT. 75. Coals sold from shipboard by retail shall be sold by coau, how sold. the ton weight of two thousand two hundred and forty pounds avoirdupois and its subdivisions. 76. All coal or salt sold from shipboard by retail in this Coai and salt to Province shall be weighed or measured by officers appointed for the purpose. 77. If such coal or salt shall be delivered to any truckman fe\*nre\f ^'aeii,,. or other person without having been weighed or measured ered without according to the two last sections, the seller shall forfeit the snred. same or the value thereof to the use of the poor. 78. The . measurers of coal shall receive from the seller !!f®' °^ ™®*" eight and one half cents for every ton ; and measurers of salt shall receive three and one half cents for every hogshead which they shall respectively measure. 79. If any measurer of coal or salt shall undertake to at- ^"^^"^ ^^^™; tend the admeasurement of coal or salt from more than one duct, vessel at the same time, he shall forfeit a sum not exceeding eight dollars for each offence ; and for any neglect or miscon- duct other than the offence last mentioned a sum not exceed- ing twelve dollars. 80. Every person who shall wilfully sell or dispose of any Penalty for mis- 1 • 1 • 1 • T> ■ 1 T • i- ..1- representation coal withm this rrovmce under any name or designation other of kind of coal, than that of the mine or locality from whence the same may have been obtained, shall forfeit a penalty of forty dollars. 81. Any shipmaster, or other person bringing coal to any fha^^^hftit port in this Province from any mine therein, shall exhibit, on certificate of demand thereof, to any person desirous of purchasing coal when requested, a certificate from the proprietor or shipping officer of the mine from which such coal has been shipped, stating the name or locality or other known designation of such coal and the date of shipment thereof, which certificate the proprietor or shipr ping officer is hereby required to give to the shipmaster at the time of the shipment of such coal. 73 PROVISIONS, LUMBEB, FUEL, ETC. [APPENDIX Proprietor, &c., giving false cer- tificate; penal- ty. Certificate deli- vered to collec- tor. 82. Any proprietor or shipping officer refusing to give such certificate or giving a false certificate, or any shipmaster or seller of coal refusing to exhibit such certificate on demand, or exhibiting a false certificate, shall respectively forfeit twenty dollars. 83. Every such certificate shall on the discharge of the cargo of coal to which it refers be delivered up by the holder thereof to the collector of customs of the port, to be placed upon the file in his office. HAY. Hay, how weighed ; weighers' feee. 88. Hay may be weighed in scales or by steel-yards duly stamped by the clerk of the market, and weighers shall in the absence of other regulations by the sessions as herein provided for, receive at the rate of two cents for every hundred weight of hay weighed by them, and seven cents lor every mile they shall be required to travel if the distance shall exceed one mile ; but the court of sessions, on the recommendation of the grand jury, may from time to time regulate the rate to be received by weighers of hay in the several counties. COKDWOOD. Cordwood for retail ; its quali- ty and dimen- sions. Cordwood from shipboard to be measured ; measurers' fees. Fine forfselling without being measured. TJridimensionedl wood to be re- jected. Provisions in case of rotten or crooked wood. Pine for mea- surer violating his duty. 89. 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. 90. All cordwood sold from shipboard shall be surveyed and measured before sale by an officer appointed for the pur- pose, who shall receive seven cents from the seller for every cord by him surveyed and measured. 91. Persons selling such cordwood without having the same surveyed and measured under the last preceding section shall forfeit the same or the value thereof. 92. All sticks of such wood not of the requisite length shall be rejected by the measurer. 93. Persons offering any cordwood for sale shall pile all the crooked and rotten sticks, if any, separately, and if on the survey the measurer shall find any rotten wood or any crooked sticks in the cord which shall prevent the same being piled close such crooked or rotten sticks shall be rejected, and the deficiency in the cord made good before sale thereof. 94. If any measurer shall violate his duty, he shall forfeit a sum not exceeding four dollars for every ofl^ence. B,] PEOVISIONS, LUMBER, FUEL, ETC. 73 LUMBER. 95. In the survey of boards there shall be four qualities, j^"*/''' '"uJl^jl* viz. : their aeBcrip- First. — Clear boards at least one inch in thickness. Second. — Merchantable boards of first quality, sawed of equal thickness throughout, and when not hardwood, squared at the edges with a saw ; to be free from rots, wanes, worm holes and auger holes ; at least seven eighths of an inch in thickness, and containing not less than ten superficial feet. Third. — Merchantable boards of second quahty, of the same dimensions, and free from rots, shakes and worm holes ; and. Fourth. — Kefuse to include all other descriptions of boards. Dimension 96. All dimension deals shall be not less than twelve feet long, nine, eleven and twelve inches wide and three inches thick respectively, having an allowance of from one to two inches in the length, from a quarter to half an inch in the breadth, and firom 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 oif. 97. AU plank intended for exportation, except hardwood ponation; their plank, shall be from ten to twenty feet in length, nine inches "^e and quality. in breadth, and three inches and one-eighth in thickness, and of the same quality as dimension deals. 98. All ton timber for exportation shall be straight lined exportation; ita and squared, and with not more than one inch of wane on the size and ctuaiity. edges, without offsets or joints, square, butted at both ends, and free from all marks of scoring, rots, splits or worm holes which may be detrimental to the same. m h w 99. Merchantable spruce or pine timber shall be sixteen spruMtptoe^ feet, and hardwood timber ten feet in length at least, and at f£^t^?ftheS-* least ten inches square ; and where it does not exceed six- size and quality, teen feet in length, the ends shall be of equal size, and all ton timber shall be measured by the girth, one quarter part thereof to be taken as the side of the square. 100. In the survey of shingles there shaU be three quali- ^^-^^,1 '°J? tiei, VIZ. . , , • 1 serlptioDB. No. 1. — Pine or cedar shingles not less than eighteen inches long, four inches wide, and three-eighths of an inch thick at the butt, and clear of sap, slash, shakes, twists and worm holes. No. 2.- Pine, cedar, spruce or hemlock shingles not less than sixteen inches long, three and a half inches wide, and from a quarter to a quarter and a sixteenth of an inch -thick, to be free from sap, slash, shakes and worm holes ; and 74 PKOVISIONS, LUMBER, FUEL, ETC. [APPENDIX No, 3. — Kefuse, 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. ciaptoardB; 101. Clapboards shall be four feet four inches long, five and description, inches wide, and half an inch thick at the back. Latiiwooa; de- 102. Lathwood shall be of fresh growth, straight rift, free how" measured, from bark, heart and knots, and measured by the cord. staves, their 103. Hogshead staves shall be forty-two inches long, from mo'd?o?Micu°'^ three and a half to five and a half inches wide, and three quart- lation. ers of an inch thick on the thinnest edge, and not more than one inch on the back. Barrel staves shall be thirty-two inches long and half an inch thick on the thinnest edge, and not exceeding three quarters of an inch on the back ; to be of good rift, fairly split, free from twists, knot holes, rotten knots, worm holes and shakes, and shall be calculated by the tale of ten hundred to the thous- and. Timber, lumber 104. Upon any Contract or bargain for a quantity of timber purchased for Or lumber for exportation, the same shall be understood to shaS'be aT mean that which is hereinbefore described, and the purchaser icXed!^*^^ *^' s^^ll iiot be obliged- to receive any other unless under a special written agreement specifying what he actually is to re- ceive. Duty of lumber 105. The survcyors of lumber shall when required dili- measurers on a .i . j i • !_• ir l 1_ J survey. gently examine and survey every description of lumber de- scribed in any of the preceding sections whether for sale or ex- portation in their respective districts, and shall mark the same as directed by this section at the time of the survey ; but if it shall have been previously surveyed in the Province, the sur- veyor shall only re-survey and mark anew the same when he shall have any doubt of the measure ; and on every survey he shall furnish the seller and the purchaser each with a certificate thereof specif3dng the quaUty 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 pur- chaser ; 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 survey- 106. The Surveyors of lumber shall receive the following fees, viz : for measuring and surveying all ton timber,, five B.] PROVISIONS, LUMBER, FUEL, ETC. 75 cents per ton, together with seven cents for every mile they shall necessarily travel in coming to the place of the survey. For every thousand superficial feet of deals, plank, scantlings and boards respectively, fifteen cents for surveying and five cents for marking ; and for viewing only where the same shall have been previously surveyed and the surveyor shall doubt the measure, five cents. For every cord of lathwood, ten cents. For every thousand shingles, five cents; and for culling and repacking, ten cents. For every thousand hogshead staves, thirty cents. For every thousand barrel staves, fifteen cents. 107. The surveyor's certificate shall be binding between t^^^^^yaTthdJ' the seller and the purchaser, but in case they disagree, either effect: provi- tT . K 1 1 • sions In case of party may call m three other surveyors who are m no way dispute. 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 survey is not established, then the surveyor shall bear the expense of the second survey. 108. The surveyor's fees shall in all cases be paid by the l^^^{^^^^^^- seller, who shall remove all obstacles in the way of the s\ir- eeiier; seller's i". 1 1./. .. J * r* 'iiity on survey. veyor which may prevent him from viewing and measuring with facility any timber or lumber which he may be rec[uii-ed to survey, and shall, if necessary, have the same canted. ^ But the purchaser, upon any special agreement therefor, or if he shall require a iresh survey, shall pay the surveyor's fees. 109. AH timber, lumber and shingles, shaU be surveyed SS'sMig™"" and marked, as prescribed by this Chapter, before deHvery on ^^thout^SnT* sale or shipment for exportation, and if any person shall violate |^;™f„°'\j,°J[jy this provision, he shall forfeit the article or the value thereof ; of Halifax ex- but in the City of Halifax entire cargoes of lumber sea borne "^^ ® ' may be disposed of without the intervention of a surveyor be- tween the fijst buyer and seller. 110. Upon the survey of shingles, clapboards and staves ^^ii'^ia^'^P- respectively, those which are deficient in quality or dimensions ^'.^ct'ivHo be shall be rejected. r^ected. 111. AU shingles and clapboards exposed for sale by f^:^^'^^X\^^, quantities in bundles and not holding the number they are feited when ^, •,«,,, , . i.,i r \. 1- offered for sale marked for shall, unless it appear that part thereoi nave been deficient in the accidently shaken out after packing, be forfeited. ^ ^ ^" * *°*° 112. Any person who shall without the permission of the Fine for de. owner of any timber or lumber, alter, deface or destroy the yeyor's marts marks of a surveyor of lumber thereon, shall forfeit a sum not o° «'»*«'•. *«• exceeding four dollars for each offence. 113. Any surveyor of lumber violating any of these ^ro- mne for lumber visions shall forfeit a sum not exceeding twenty dollars for JJi^Ss duty!'*' each offence. 76 PROVISIONS, LUMBER, FUEL, ETC. [APPENDIX Limitation of actions. 114. All prosecutions under these provisions shall be com- menced mthin twelve months from the time of the commission of the offence. APPLES AND POTATOES. Size of apple barrels. Nnmber of boopa. Barrels to be branded. Penalty for selliDg in small barrels. Not to affect floor barrels. 115. The size and dimension of barrels ased for putting up or packing apples or potatoes for sale shall be as follows, to wit : the length of the stave or barrel shall be twenty-nine inches, and the heads between the chimes seventeen inches, with a diameter in the centre inside the barrel of nineteen inches, thus corresponding as nearly as possible in shape and size to the Canadian or American flat hooped flour barrel. 116. All barrels used for the shipment of apples or potatoes shall have six hoops ; that is to say, two on each end and two on intermediate spaces, and shall also have the top head planed that the barrel may be properly branded or marked. 117. The makers of all apple or potato barrels shall brand the initials of their christian name and their whole surname on the outside of each barrel, near the top of the stave, under a penalty of twenty-five cents. 118. Any person putting up apples or potatoes for sale in barrels of smaller dimensions than those hereinbefore described, shall forfeit to the purchaser as damages an amount in propor- tion to any diminution of size or loss sustained thereby, to be recovered as an ordinary debt, and be liable to a fine of one dollar. 119. Nothing in the last four sections contained shall pre- clude the use of flour barrels in the shipment of any article of produce. STAVES AND BRICXS. Staves, bricks, ^c, how coun- ted. Sessions to ap. point officers. 120. All staves, bricks and other articles which are now reckoned by the tale of twelve hundred to the thousand, shall be calculated by the tale of ten hundred to the thousand. 121. The general or a special sessions may appoint all in- spectors and other officers necessary for carrying out the pro- visions of this Chapter. Note. - The omitted portions of this Chapter repealed by Section 20 of Chapter 49, Canada, 1873. B.] COAST AND DEEP SEA FISHEEIES. 77 OHAPTEE 94. OF THE COAST AND DEEP SEA FISHERIES: As amended by Chapter 35, 1866, and continued in force by Section SI, Chapter 60, Canada, 1868. 1. Officers of the colonial revenue. Sheriffs, magistrates and Revenue offi- , , J 1 • • J r ii i •'era may board any other person duly commissioned tor that purpose, may go vessels iover- on board any vessel or boat within any harbor in the Province, thfer" n^?es of or hovering within three marine miles of any of the coasts or ** ''°°'°'" harbors thereof, and stay on board so long as she may remain within such place or distance. 2. If such vessel or boat be bound elsewhere and shall con- Proceedings tinue within such harbor or so hovering for twenty-four hours ter bound eTse^' after the master shall have been requii-ed to depart, any one of ^notiw trie- the officers above mentioned may bring such vessel or boat p*"^* into port and search her cargo, and also examine the master upon oath touching the cargo and voyage ; and if the master or person in command shall not truly answer the questions de- manded of him in such examination, he shall forfeit four hundred dollars ; and if there be any prohibited goods on board, then such vessel or boat, and the cargo thereof, shall be for- feited. 4. All goods, vessels and boats liable to forfeiture may be Vessels and 1 ^ -t ^ -L m • goods forfeited seized and secured by any such omcers or persons so commis- iiabie to sei sioned; and every person opposing them or any one aiding fo/^ob^uuoUng such opposition shall forfeit eight hundred dollars, and shall ''^''^"• be guilty of a misdemeanor, and upon conviction be liable to imprisonment for a term not exceeding two years. 5. Goods, vessels and boats, seized as liable to forfeiture. Custody of ves- under this Chapter, shall be forthwith delivered into the custody seized. of the officers of the colonial revenue next to the place where seized, to be secured and kept as other vessels, boats and goods seized, are directed to be secured and kept by law, or into such other custody and keeping as the Governor in Council or the Court of Vice-Admiralty shall order. But in case of i" |aBea of set- seizure under this Chapter, the Governor in Council may, by in council may order, direct a stay of proceedings ; and in cases of condemn- proreedings, or ation, may relieve from the penalty in whole or in part, and on penlity?"" such terms as may be deemed right. condemned 6. All goods, vessels and boats condemned as forfeited under vessels and this Chapter shall, by direction of the principal officer of the llledoi^Ini^''' the proceeds, how applied. 78 COAST AND DEEP SEA FISHERIES. [APPENDIX colonial revenue where the seizure shall have been secured, be sold at public auction, and the proceeds of such sale shall be applied as follows : the amount chargeable for the custody of the property seized shall first be deducted and paid 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 deducting 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 public service. forfeltuJIa^how '^ • "^^^ penalties or forfeitures hereunder shall be prosecuted prosecuted. and recovered in the Court of Vice- Admiralty. Vessels and 8. If any goods, vessel or boat shall be seized as forfeited leUvered on " Under this Chapter, the Judge of the Vice-Admiralty with the security. consent of the person seizing the same may order re-delivery thereof, on security by bond to be made by the party with two sureties to the use of Her Majesty. In case the property shall be condemned, the value thereof shall be paid into the court and distributed as above directed. Suits, how 9. All suits for the recovery of penalties or forfeitures shall proslou'ted'i ^e in the name of Her Majesty, and shall be prosecuted by the admislibfe"" to Advocatc General, or in case of his absence by the Solicitor authority of sei- General. If a dispute arise whether any person is authorized zmg officers. . ■, ■, • V-ii i . , ■' '^ , , , , to seize under this Chapter, oral evidence may be heard there- upon. Burden of proof 10. If any seizure take place under this Chapter, and a zure to resT' dispute arise, the proof touching the illegality thereof shall be with claimant. ^^^^ ^Yle owner or claimant. perty'Be'i2e(l"u> ^^" ^° claim to anything seized under this Chapter and be under oath, returned into the Court of Vice- Admiralty for adjudication, shall be admitted unless the claim be entered under oath, with the name of the owner, his residence and occupation, and the description of the property claimed ; which oath shall be made by the owner, his attorney or agent, and to the best of his knowledge and belief. gfven before *** ^^' ^'^ person shall enter a claim to anything seized under claim entered, this Chapter Until security shall have been given in a penalty not exceeding two hundred and forty dollars 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 con- demned. Month's notice 13. No Writ shall be sued out against any ofiicer or other action. person authorized to seize under this Chapter for anything done thereunder until one month after notice in writing, deliv- ered to him or left at his usual place of abode by the person in- tending to sue out such writ, his attorney or agent ; in which B.] COAST AND DEEP SEA FISHERIES. 79 notice shall be contained the cause cf 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. 14. Every such action shall be brought within three months Limitation of , , ii ri • action againBt. after the cause thereof has arisen. seizing offloera. 15. If on any information or suit brought to trial under probfbie'^cause this Chapter on account of any seizure, judgment shall be given of seizure ehaii for the claimant, and the judge or court shall certify on the covery of coets. record that there was probable cause of seizure, the claimant shall not recover costs, nor shall the person who made the seizure be liable to any indictment or suit on account thereof. And if any suit or prosecution be brought against any person on account of such seizure, and judgment shall be given against him, and the judge or court shall certify that there was prob- able cause for the seizure, then the plaintiff, besides the thing seized, or its value, shall not recover more than three and a half cents damages nor any costs of suit, nor shall the defendant be fined more than twenty cents. 16. The seizing officer may within one month afber notice ^"/ered w^fhin of action received, tender amends to the party complaining or one month. his attorney or agent, and plead such tender. 17. All actions for the recovery of penalties or forfeitures actioti8"for jfen- imposed by this Chapter must be commenced within three years ^"'^°' ^°- after the offence committed. 18. No appeal shall be prosecuted &om any decree or -^^gPf^yiY'to'" sentence of any court in this Province, touching any penalty be prosecuted, or forfeiture imposed hereby, unless the inhibition be applied for and decreed within twelve months from the decree or sentence being pronounced. 19. All coasting vessels under sixty tons burthen owned in S'hlvrf Jamw this Province and engasfed in the coasting trade thereof, shall p'^?^ °^ p'™^ ,».,,., o o _ /•!! . /T-i °^ "''"' extend be furnished with a narrow piece of plank or iron ainxed to ing aft of the the bottom of the keel and level 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 judder. 20. Any owner or master of a coasting vessel not so fur- Forfeiture for nished or built, running foul of any net set off the harbors, bays wh^ere^cofs^enf' and rivers of the coast, shall upon due proof thereof forfeit "led."' °° ^™' twenty dollars, to be recovered by the party injured to his own use as a private debt ; leaving to the party aggrieved, neverthe- less, his rights at common law for any further damage. 21. In this Chapter "vessels" shall include ships; and ^^^°'"™''' "harbors " shall include ports, bays and creeks. 80 COAST AND DEEP SEA FISHERIES. [APPENDIX Terms of agreement. be^'e^ntered Into ^^' "^^^ master of any vessel registered and belonging to between master tliis Province, and bound from any port therein, to be em- ployed in the deep sea fishery, shall before proceeding on such fishing voyage enter into an agreement in writing with every person on board, apprentices excepted, which agreement shall express whether the same is to continue for one voyage or for the fishing season ; and shall also express that the fish or the proceeds of such fishing voyage or vnyages which may appertain to the crew of such vessel, shall be divided among them in proportion to the quantity or number of fish which they may respectively have caught ; which agreement in ad- dition to the signatures of the master and crew shall be countersigned by the owner of such fishing vessel, or his agent, and shall be as nearly as possible in the form given in the annexed schedule. 24. Any person having engaged for a voyage or for the fish- ing season, as before provided, who shall, while the agree- ment therefor continues in force, desert or absent himself from the vessel in which he shipped, without leave of the master, sliall be liable to the same penalties and forfeitures imposed on the like offences under Chapter Seventy-Five of the Revised Statutes, Third Series, and every master of a fishing vessel taking any person on a deep sea voyage without entering into the before required agreement, shall be liable to the penalty imposed on that offence by the same Chapter. Penalties for desertion. Form of agree' ment. Schedule in this Chapter referred to. An agreement made in pursuance of Chapter Ninety-Four of an act of the General Assembly of Nova Scotia, passed in the twenty-seventh year of the reign of Her Majesty Queen Victoria, entitled " An Act for Revising and Consolidating jthe General Statutes of Nova Scotia," between , master of the ship , of the port of , of the burthen of tons, and the several persons whose names are subscribed hereto. It is agreed by and on the part of the said persons, and they severally hereby engage to serve on board said ship in the capacities set opposite their respective names, on a fish; ing voyage from the port to ; {here the intended voyage is to be described, and the duration of the same, and the nature of the same as nearly as can be done, and if the same is to continue for the fishing season^ and back to the port of ; and the said crew agree to con- duct themselves in an orderly, faithful, honest, careful and sober manner, and to be at all times diligent in their respec- B.] RIVER FISHERIES. 81 tive duties and stations, and to be obedient to the lawful commands of the master in everything relating to the said ship, and the materials, stores and cargo thereof ; in consid- eration of which services to be duly, honestly, faithfully and carefully performed, the said master doth hereby promise and agree with the said crew ; Qiere insert the particular agreement with reference to the division of the fish among the sharesmen at end of voyageJ) In witness whereof the said parties have hereto subscribed their names on the days against their respective signatures mentioned. Place and time of entry. Man'B name. Age. Place ofbinh. Quality. Amn't of Bhares. Sureties. Wit- Day. Month. Year. execu- tion. i> Note.— Section 3 repealed, and various new provisions made by Chapters 60 and 61 Canada, 1868. See too Chapter 2, Canada, 1872. OHAPTEE 95. OF RIVER FISHERIES. As amended by Chapter 35, 1865, and Chapter 36, 1866, and continued in force under Section 21 of Chapter 60, Canada, 1868. 1. Hereafter no salmon shall be taken in any of the rivers '^l^^^'' '"^'"^ of this Province westward of the harbor of Halifax between the thirty-first day of July and the first day of March ; nor in any river running into the Bay of Fundy, nor in any river in the Island of Cape Breton, nor in any river to the eastward of Halifax Harbor, between tiie fifteenth day of August and the first day of March, except in salt water below low water mark, and in salt water not later than the twentieth of Oc- tober. Any person taking any salmon in any of the rivers of Penalty, this Province within the times specified shall be liable to a penalty not exceeding forty dollars for every salmon taken by him. 6 82 ElVER FISHERIES. [appendix Fisheries on rivers running through private lands to be regulated by BessioDB. Sessions' orders to extend to centre of chan- nel of river dividing coun- ties. Sessions may make orders for prevention of traps, &c., being set for destroy- ing Ush. Penalties. Bag nets not allowed. Time -when nets shall not he set. Spearing or sweeping for- bidden. Kets, how set. Not to he with- in one hundred yards from another, nor within one eighth of a mile from mill, &c. Not to extend more than one third across river. Penalty for vio- lation of last three sections. Forfeiture ; trial of offen- ders; appeal. 2. The sessions shall annually appoint such and so many places on the rivers and streams, as may be attended with the least inconvenience 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 taken from the sea, except salmon, bass, shad, alewives, gaspereaux, trout and small mackerel. 3. In cases where a river shall be the dividing line be- tween two counties, the orders and regulations of the ijessions in each county shall have force and effect ouly to the centre of the channel of the river being such dividing line. 4. The sessions shall have power to make ordei's, for the prevention of traps or such other contrivances as they may consider objectionable being set for catching or destroying fish in any of the bays, harbors, rivers, streams, or creeks in this Province, or on the shores thereof, to be enforced by penalties not exceeding forty dollars for each breach there- of. 5. No bag nets shall be used for the purpose of taking salmon within any river or harbor, not within a mile from the mouth of any river ; and no nets shall be set or placed or allowed to remain set or placed from one hour before sun- set on Saturday night until an hour after sunrise on Monday morning. 6. 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 ; and nets for the taking of safmon or any other fish shall be set and placed only on one side of such river, stream, lake or watercourse. 7. No stake, seine, wear, net or other contrivance for tak- ing fish, shall be set or placed within one hundred yards from where some other stake, seine, wear, net or other contrivance for taking fish is previously set or placed, nor within one- eighth of a mile next below or above any mill or dam erected across or partially across any such river, stream or water- 1 course ; and no seine, net, or other contrivance for taking fish shall extend more than one third of the distance in a straight line across such river, stream or watercourse. 8. Any person who shall violate any provision of the last three sections shall forfeit a sum not exceeding forty dollars ; and all spears, implements, canoes, boats, nets, seines, wears and other contrivances used or employed in, about or prepar- atory to the taking of salmon or any other fish contrary to the preceding sections, or to any order of sessions made or to be made thereunder, shall be liable to forfeiture, and may be seized by any person and detained until the trial of tlie offender, when they may be declared forfeited and become the property of the person proseculing; if, however, upon B.J RIVER FISHERIES. 83 appeal from the judgment of the justices, the owner pr pos- sessor of the articles so declared forfeited shall give sufficient security by bond with sureties to pay the prosecutor the value thereof and the amount of any penalty that may have been imposed with the costs then incurred and thereafter to be incurred in case the judgment apffealed from shall be con- firmed, then such owner or possessor shall be entitled to their immediate restoration. 9. Any person finding a net, seine or wear set or placed Nets uiegaiiy contrary to the provisions of this Chapter or of such order of 'tro^dy"^"' sessions may destroy the same : provided, nevertheless, that no person shall be allowed in any action, indictment or other proceeding against him to justify the destruction of or injury to any net, seine or wear, under the authority of this section, unless such person shall, within one week after he shall have done any such act, post up in a conspicuous place in the neighborhood, and also file in the office of a neighboring justice of the peace, a notice signed by him, acknowledging the act and stating the timse and place of doing the same, and also the address, addition and place of residence of liie party subscribing the same. 10. Every person discovered at night with a spear and ^^K'?™ ?in>p- torch pr a torch only in or about any river, stream, lake or ?o°rfl8?ling^tobe watercourse above the rise and fall of the tide, either in a theta\l^t^ '° boat or canoe or otherwise, and apparently equipped for ^^''^''e- taking or spearing salmon, shall be considered in the act of spearing salmon, and the burden of disproving the same shall be on the party so discovered. 11. The owner or the occupier of any mill to which any o^^|''°J™" dam, lock or obstruction made or to be made on or across waste gafe, &c. any river, resorted to by salmon or gaspereaux, is appurtenant, who shall not during such periods while the fish are passing up from and returning to the sea, as shall be prescribed by the regulations of sessions, or, in case there are no regulations ■on the subject, as shall be fixed by the river inspector, when no such regulation shall be made by the sessions or river inspector, then within the period prescribed in the first sec- tion of this Chapter, have and keep open a waste gate or slope sufficient to allow such fish to pass and repass, shall be liable p„aity. to a penalty not exceeding forty dollars. This section shall not apply to tlie County of Halifax. Exception. 12. When such owner or occupier having a sufficient Penalty for waste gate or slope shall keep the same shut or otherwise im- '''"^'■'e passage. pe^e the passage of sxich fish during such periods, he shall be liable to a penalty not exceeding forty dollars for every time he shall close the said passage. 13 When such owner shall have had ten days notice in Penalty forre- „ , . . , • 1.1 x'ii. « fusing to con- writing from the river inspector or any justice oi the pe^ce of struct gates, &c. 84 KIVER FISHERIES, [appendix dam may be destroyed. the want or insufficiency of such waste gate or slope, and shall have for that space of time neglected or refused to con- struct such waste, gate or slope, he shall be liable to a penalty u^°°^continued of ouc hundred dollars ; and if he shall neglect or refuse to construct such waste g^te or slope for ten days after such penalty shall have been inflicfed, the justices inflicting such penalty, or any judge of the Supreme Court may, upon suf- ficient proof of such neglect or refusal, order the Sheriff of the county to prostrate and wholly destroy thu said milldam; and the expenses attendant upon such application and of the re- moval of the said dam shall be taxed by the said justices or by a judge, who may direct an execution to issue therefor against the said owner. 14. The sessions of each county shall at the first meet- ing after the passing of this Chapter by a memorandum in writing, declare specifically the rivers and streams within the county to which the provisions of this Chapter shall not apply. 15. The grand jury in each county shall present and the poiDt inspectbra gessious shall appoint in the same manner as county and township officers are appointed, for each river or part of a river which the sessions shall make into a separate district or jurisdiction, an officer to be called inspector of river fisheries, to be paid such saliry as the grandjury and sessions may allow, who shall be sworn into office as other township officers are sworn, and who shall be liable and bound to pro- tect the fisheries and carry out the provisions of this Chapter on the river or stream for which he is so appointed. 16. The grand jury and sessions shall appoint officers to appoint' inspec- be iuspectors of bays, harbors, creeks and streams,' set off into harborB, Meeka , districts, or of either of them, in the same mode as inspectors and streams, ^^ rivcr fisheries are provided to be appointed by the preceding section. 17. Any river inspector neglecting to be sworn into office on receiving notice of his appointment, shall be liable to a pen- alty of ten dollars : and any such river inspector neglecting his duty after being sworn into office shall be liable to a pen- alty of forty dollars. 18. For the protection of the young fish coming down the rivers of the Province in the fall of the year, sufficient stop gates shall be made in all dams and obstructions across the rivers sufficient for such young fish to pass thi'ough. 19. In all dams or obstructions now erected, or hereafter to be erected, across any river or stream frequented by salmon or gaspereaux, either one third of the main channel shall be left open, or a fish L dder shall be placed and kept Fish ladder- ''^^'"^i"- description of, 20. Such fish ladder shall have a slope of not more than and how placed, Sessions may declare what rivers exempt. Sessions to ap- yalary. To be sworn. Duties of, &c. Grandjury and sessions shall Penalty for neg lectlng to be sworn. For neglect of duty. lop aa< made in dams. Fiah-way re- auired in all ama. B.] EIVKR FISHERIES. 85 one foot in seven, shall have an opening of not less than three feet in width at the top of the dam, and shall be so placed that there shall at all times be at least one foot in depth of water running over the mouth thereof; the bottom of such ladder to be water-tight and to fee covered with stone, and at every six feet pieces of wood or stone to be fastened at right angles to the sides thereof, and to be secured to each side alternately, so as to make the current of water flow from side to side, — the openings to be not less than one foot in width, and the pieces of wood or stone so jutting out from the sides to be not less than two feet in height ; the lower end of such fish ladder to be secured to the bottom of the main channel of the river, or otherwise shall be conformable to the model of the fish ladder now deposited in the office of the Provincial Secretary. 21. Whenever the words " waste gate " or " slopes " oc- J^^^"^'"™ °' cur in this Chapter, the same shall be construed to mean the fish ladder described in section 20. 22. Every mill owner who shall not erect and maintain providfng°fi6r' a suitable and efficient fish-way as hereinbefore provided, way. shall be liable to a penalty of one hundred dollars ; and if any dam now existing or hereafter to be erected, shall be kept up contrary to this Chapter, the same may be prostrated under the terms and provisions of section 13. 23. The four next preceding sections shall only apply to Application of the County of Halifax and to Clyde River in the County of °"="°°'- Shelburne. 24. Tlie General or Special Sessions of the County of Halifax county Halifax shall make such regulations tor the passing oi nsh make reguia- through the dams and locks of the Shubenacadie Canal as prslngtorough they shall deem proper, to be enforced by penalties not ex- ^^^1^'""=^*^'' ceeding forty dollars for each breach thereof. 25. All prosecutions for penalties under this Chapter ^^f°»^^°^"^^°^^". shall be had either before two justices of the peace or before ho-^^lW&l a judge of the Supreme Court as a summary suit ; and any person may prosecute for any violation of this Chapter or of any order of sessions made thereunder ;. and the penalties when recovered shall go to the prosecutor. 26. Wliere proceedings are before two justices the fol- fj"^,'^^*"/""* lowing form of summons may be used, but any process which shall substantially state the violation complained of shall be sufficient. Form of summons. To any of the constables . You are hereby commanded to summon A. B. of , in the County of , to appear before us at , on Sutnmona. Conviction. 86 the COPYRIGHT. [appendix day of next, to answer to the suit of C. D. who says that the said A. B. hath violated the provisions of the acts made for the protection of the river fisheries in not providing a sufiicient waste gate or slope in his milldam, or in not keeping the waste gate of 'his milldam open, or in allowing the waste gate or slope of his milldam to be so obstructed as to prevent the free passage of fish, in unlawfully setting nets, wears or seines, or in spearing salmon. Witness our hands this day of , A. D. 18 — . E. F. (seal.) G. H. (seal.) The conviction may be in the following form : — " The within named A. B. having been duly summoned under the annexed writ, and having been duly convicted of having vio- lated the Chapter of the Eevised Statutes, Third Series, ' Of River Fisheries,' as therein mentioned, we hereby give judg- ment for the plaintiff for the sum of with his costs." E. F. (seal) G. H. (seal.) CHAPTER 116. Cepyrighta, how secured. OF THE LAW OF COPTRIGHT. 1. The author of any map, chart or book printed, or of any print engraved within this Province, who has not trans- ferred 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 office of the Secretary of the Province ; and the author of any map, chart, book or print, not publish- ed within the Provitice, his executors, administrators or assigns shall have the sole right of publishing such map, chart, book or print, for the like term ; and if at the 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 expiration of the first term of twenty-one years ; and no person shall be entitled to any right hereunder B.] COPYRIGHT. 87 unless he shall be resident within the Province at the time of his application therefor. 2. If any other person after the recordina; of the title of f «"»'««« f<"^ 1, ,, - , 1. ■, . ■, ° .,. , infringing copy- any map, chart or book, and publishmg the same withm the right by impor- times hmited, shall print or import from any other country *''"°°' copies of such map, chart or book without the consent of the author, and proprietor thereof first had in writing, signed in the presence of two witnesses, or expose 1o sale any such copy of such map, chart or book, such oflfender shall forfeit all copies of such map, chart or book, and all sheets, being part of the same, to the author and proprietor thereof, who shall forthwith destroy the same; and every such offender shall forfeit not less than twenty cents, nor more than one dollar for every sheet found in his possession, to whomsoever will sue for the same. 3. If after the recording the title and entering of any print, i^^rf^'^jf ^H any person whosoever shall engrave, etch or work, or in anv "shta by imita- n . ^1 , , . . , . •' tion or other- manner copy or sell in the whole or m part, by copying, vary- wise. ing, adding to or diminishing from the main design, or shall print, reprint or import for sale any such print, or any part thereof, without the consent in writing of the proprietor thereof, signed in the presence of two witnesses, or knowing the same to be so printed, reprinted or imported without the consent of the proprietor, shall publish, sell or expose the same to sale, such offender shall forfeit the plates on which 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 farfeit the sum of four dollars, for every print found in his custody, either printed, published, or exposed to sale, or other- wise disposed of, to whomsoever will sae for the same. 4. No person shall be entitled to benefit under these pro- -A- printed copy . . . ^ 111 • 1 1 o' tl"® t'tls to be Visions m cases where any map, chart, book or print has been regiatered in already published, unless a printed copy of the title of the secretaryw- same shall before publication be deposited in the Secretary's Soat^on!" ^"^" 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 D. 18 — , A. B. of •, in the said Province, has deposited in this office the title of a map, [chart, book or print, as the case may be,] the copyright whereof he claims in the words fol- lowing : [here insert the title,] in conformity with Chapter one hundred and sixteen of the Revised Statutes. C. D., Provincial Secretary." For which certificate the Secretary shall receive one dollar. 88 PATENTS. [appendix Penalty for ille- gally inaertlDff an entry as regiatered. Limitation of actioni. and one dollar for every copy; and the author or proprietor shall cause a copy of such record to be inserted at 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 shall print or publish any map, chart, book or print, and shall insert therein or impress thereon that the same has been en- tered according to law, or words purporting the same, he shall forfeit four hundred dollars, to be applied as hereinafter directed. 6. Actions under this Chapter shall be commenced within three years from the time when the cause of action accrued. Note.- This chapter repealed by section 19 of chapter 54, Canada, 1868, — the Copy- right Act of 1868 ; except that the above sections are by section 28 continued in force as to unexpired copyrights acquired before the twenty-second day of May, 1868, CHAPTER 117. OF PATENTS FOR USEFUL INVENTIONS. Letters patent, how and by whom to be ob- tained. Patentees of improTements not to use any original inven- tion; original patentee not to use the improv- ed patent. 1. Whenever any person resident in the Province, and who shall have resided therein for the space of one year pre- vious to his application, shall apply to the Governor, alleging that he has discovered any new and useful art, machine, manufacture or composition of matter or any new or useful improvement thereon not heretofore used or known, and pray that a patent may be granted him for the same, the Governor may direct letters patent to be issued, reciting therein the al- legations of such petition, and giving a short description of such invention, and shall thereupon grant to the person so applying for the same and his representatives for a term not exceeding fourteen years the exclusive right of making, using 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. 2. Where any letters patent shall be obtained by any per- son for any such invention, and thereafter any other person shall discover any improvement in the principle or process of any such invention, and shall obtain letters patent for the ex- clusive right of such improvement, the person who shall obtain such new patent shall not make, use or vend the original PATENTS. 89 invention, nor shall the original patentee make, use or vend any such improvement. 3. The simple chaage of the form or proportions of any o^^'^f ortion™ machine or composition of matter shall not be deemed a dis- pot deemed an covery or improvement within the meaning of this Chapter. ^P^w^e"*- 5. Any person may receive from the Secretary's office any fe°f pa^^j^and copy of such letters patent, or of the petition whereon the drawings, bo-w J. J r T . ■, charged for. same were granted, or ot any paper or drawmg connected therewith, on paying ten cents a folio, and a reasonable fee for every copy of such drawings. 8. Before any person shall obtain any letters patent he Descriptions, shall deliver into the Secretary's office an intelligible and exact and models to description of such invention, and of the manner of using, or Jhe provfndai'" process of compounding the same, so as to enable any person offloe!"'^^'' skilled in the science of which it is a branch to make and use the same ; and in case of any machine, shall deliver a model, and explain the principle by which it may be distinguished from other inventions, 'and shall accompany the whole with drawings and written references where the case admits of drawings, or with specimens of the ingredients sufficient for the purpose of experiment where the invention is a composi- tion of matter, which description, signed by such person and attested by two witnesses, shall be filed in the Secretary's office, and copies thereof, certified by the Provincial Secretary, shall be competent evidence in all courts where matters con- cerning such letters patent may come in question; but the 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. 9. Any patentee may assign all his right in such invention ^g^t°^*^y be and discovery to any person; and the assignee thereof, having assigned; as- recorded such assignment in the Secretary's office, shall stand recorded, in the stead of the original patentee as well as regards all his rights as all his liabilities; and the assignee of any such assignee shall also be considered to be in the stead of the origi- nal patentee. 10. Whenever any letters patent shall be granted to any ^^l°''^^^^^^'- person, and any other person, without the consent of the aeiung a patenj. patentee or his representatives first had in writing, shall make, use or sell the invention or discovery whereof the- exclusive right is secured to such patentee, the person so offending shall be answerable to him or his representatives in damages. 11. The defendant in such action may give this Chapter ^^J^^^l'^V' and every special matter in evidence to prove that the specifi- what may be cation filed by the patentee does not contain the whole truth lence.'" "'" relative to the invention or discovery alleged to [have been made by him, or contains more than is necessary to produce 90 SUPKEME COUKT ANU ITS OFFICERS. [APPENDIX the described effect, which concealment or addition shall fully appear to have been fraudulently made, or that the invention or discovery so secured by letters patent was not originally discovered by the patentee, but had been in use or had been described in some public work anterior to the supposed inven- tion or discovery of such patentee, or that such patentee had surreptitiously obtained such letters patent for the invention or discovery of some other person, in either of which cases, upon proof thereof, the verdict shall be found, and judgment entered thereon for the defendant with costs, and such letters patent, by the court, shall thereupon be adjudged void. Note.— This Chapter was repealed by Chapter 11 Canada, 1869, Section 62; bnt all rights acquired, and penalties or llabiiities incurred under the foregoing sections previ- ous to the twenty-socond day of June, 1869, are reserved and continued. Bee also Chapter iS Canada, 1872. CHAPTER 123. OF THE eUPEEME COURT AUTD ITS OFFICERS. Criminal calen- dar and deposi- 17. A Calendar of the criminal causes shall be sent by the to the grand Clerk of the Crown to the grand jury in each term, together ments.'when with the depositions taken in each cause, and the names of made out. jj^g different witnesses ; and the indictments are not to be made out, except in Halifax, until the grand jury shall so direct. Note. — The remainder o! this Chapter incorporated in the Fourth Series, OHAPTEE 126. As amended by Chapter 13, 1866, and Chapter 22, 1870. OF THE COURT FOR DIVORCE AND MATRIMONIAL CAUSES. Judge in Equity 1. The Judge in Equity for the time being shall be the a"y.^ ' '" Judge Ordinary of the Court for Divorce and Matrimonial Causes. point''men7 *^' ^* During the illness or temporary absence of the Judge Ordinary or in cases where he may be disqualified from acting from any cause, the Governor in Council shall if necessary by warrant under his hand and seal appoint the Chief Justice or one of the Judges of the Supreme Court to act as Judge ^•] DIVORCE AND MATRIMONIAL. 91 Ordinary during such illness, absence or disqualification, who when so acting shall have and exercise all the powers and juris- diction conferred on the Judge Ordinary by this Chupter or • any other enactment. 3. The Governor shall direct a seal to be made for the seai of court. Court, and may direct the same to be broken, altered, or re- newed at his discretion ; and all decrees and orders, or copies of decrees, orders or proceedings of the Court, sealed with such seal, shall be received in evidence. 4. The present Registrar shall continue in office; and on Eegiatrar. any vacancy occurring the Governor shall appoint the Eegistrar of the Court. 5. The rules, orders, process, and other proceedings of the Registrar may /-, V • T 1 1 -i-> . S , . ° - *'g" orders, So. Lourt, may be signed by the Eegistrar ; and the signature of the Judge Ordinary shall not be necessary unless the Court shall otherwise order. 6. The Court shall have jurisdiction over all matters re- JuriBdioUon of lating to prohibited marriages and divorce, and may declare ""^^ ' any marriage null and void for impotence, adultery, cruelty, or kindred within the degrees prohibited in an act made in the thirty-second year of King Henry the Eighth, entitled " An Act concerning Pre-contracts; and touching Degrees of Con- sanguinity " : provided that no marriage shall hereafter be deemed to be null and void by reason of pre-contract ; and whenever a sentence of divorce shall be given, the Court may pronounce such determination as it shall think fit on the rights of the parties or either of them to courtesy or dower. 7. The Court may direct the examination of witnesses ^^*' *°* ^*'='" orally ; may declare, by definitive sentence or otherwise, the marriage between the parties in the suit to be null and void from such time as the Court may deem proper ; may allow costs and alimony to the wife during the suit ,• and, upon its termination, may award costs to either of the parties. 9. The Court may enforce the performance of any sentence E'^sonU'""- 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 Courts to be disposed of as the Court may direct. 10. Either party dissatisfied with any decision of the Court pP^l'^^,"" may, within fourteen day* after the pronouncing thereof, appeal therefrom to the Judges of the Supreme Court, of whom three at the least in addition to the Judge Ordinary shall form a quorum ; and, on the hearing of any such appeal, the appeal court may either dismiss the appeal or reverse the decree or remit the case to the Court, to be dealt with as the appeal court shall direct. 92 DIVORCE AND MATRIMONIiL. [APPENDIX Parties may marry again. Proviso. Aiinony, in difl- cretioQ of court. Powers same as of Bnglish court Exceptions. Examination of witnesses. Bules of evl- ' dence same as in supreme court. In cases of cruelty, hus- band and wife competent witnesses. Who guilty of perjury. 11. After the period limited for appealing shall have ex- pired, and no appeal shall have been presented against such decree of dissolution of marriage, or when any such appeal shall have been dismissed, or when on the result of any appeal any marriage shall be declared to be dissolved, and not sooner, it shall be lawful for the respective parties thereto to marry again, as if the prior marriage had been dissolved by death : but no minister shall be liable to any penalty for refusing to publish any banns of marriage, or to solemnize a marriage either after banns or by license, in any case where either of the persons desiring to be married shall have been so divorced. 12. The Court may, if it shall see fit, on any decree for dissolution of marriage, order that the husband shall to the satisfaction of the Court secure to the wife such gross sum of money, or such annual sum of money, for any term not ex- ceeding her own life, as having regard to her fortune (if any), to the ability of the husband, and to the conduct of the parties, it shall deem reasonable ; and in respect thereof shall have the like powers as are possessed by the Court for Divorce and Matrimonial Causes in England. 13. The Court shall have the same powers in respect of or as incidental to divorce and matrimonial causes, and the custody, maintenance, and education of children as are pos- sessed by the Court for Divorce and Matrimonial causes in England; except as enlarged, abridged, altered or modi- fied by this Chapter. But in causes instituted on the ground of adultery, the Court shall not have authority to permit the introducing co-respondents, or to try the issue of fact by jury. 14. The examination of witnesses shall take place before an examiner to be appointed by the Court, unless oral exami- nation shall be directed. And the rules of evidence observed in the Supreme Court shall be applicable to, and be observed in the trial of all questions of fact in this Court. And all Pro- vincial Acts that relate to the examining of witnesses de bene esse, or abroad, or the taking of evidence, or depositions, shall equally apply to this Court as to the Supreme Court, unless in cases where special exceptions preclude. But, in proceed- ing i by a wife by reason of adultery, coupled with cruelty, nothing in the forty-fourth or forty-sixth sections of Chapter 135 of the Revised Statutes, Third Series, shall prevent the husband and wife respectively from being competent and com- pellable to give evidence of or relating to such cruelty. 15. All persons wilfully deposing or affirming falsely in any proceedings before the Court, shall be deemed guilty of perjury, and shall be liable to all the pains and penalties at- tached thereto. as in court. Court shall J rules to J STIPENDIARY MAGISTEATES. 93 16. Affidavits, declarations or affirmations taken in such Affidavits, &c., lanner as to be used in the Supreme Court, whether taken in idmrsstbi™"* Ingland or in any of Her Majesty's possessions, or in parts ^p""^ at of Her Majesty's dominions, may be received as sufficient- ' authenticated by the Coart subject to the rules of the Court. 17. The Court shall make such rules and regulations con- ^ake' 3rning the practice and procedure of the Court, as it may °°"^ when"^^'' ■om time to time consider expedient ; and shall have full K'''"S^'* '° ower from time to time to revoke or alter the same. But \ich rules shall not go into operation ui til they shall have een published in the Royal Gazette.. 18. The Judge Ordinary may sit at Chambers when he ^^'^1°'^^'^^'''^ ball deem it expedient to do so ; and when so sitting shall Chambers, ave and exercise the same powers and jurisdiction in respect J the business to be brought before him as if sitting in open )ourt. And the Judge Ordinary when sitting in open Court j^^ge ordinary nd at Chambers shall have and exercise the like authority and ^° ''"aVof'sa- ontrol over the persons appearing or practising before him as prome court XT rici Vi 1 T • *^'^*^^ persons in le Judges oi the oupreme Court have and exercise over per- court, ans appearing and practising before them therein. 19. The Court on the hearing of any suit, proceeding, or Costs, etition, and the appeal court on the hearing of any appeal, may lake such order as to costs, as to such courts respectively may ;em just. Provided that there shall be no appeal on the sub- Proviso. ;ct of costs only. CHAPTER 129. OF STIPENDIARY OR POLICE MAGISTRATES: As amended by Chapter 6, 1865, Section 1. 1. The general sessions of any county or district upon ap- Police division, lication by petition, signed by at least fifty freeholders in any reposed police division, may, if they think fit, appoint a com- littee of three disinterested persons to inquire into and report pon the propriety and expediency of creating such divisions. 2. Such committee, if approving thereof, shall assign the ^l^'^^^^^l}" mits, and assign a name to any such proposed division, and ;port the same in writing to the court, and thereupon the llerk of the Peace shall cause the substance of such report to e advertised by notice, put up in at least two of the most ublic places of the proposed police district, and that the con- rmation of the same will be considered at the next general 94 STIPENDIARY MAGISTRATES. [appendix Report of ooni' tnitiee, how approved. Division created. Meetings of Justices in po- lice division. Stijicndlary justices, how appointed, &c. Their powers, duties, &c. Where only one police magis- trate appointed, on trial of lar- cenies, two jus- tices to sit with him. Jury. Punishment, iinee, &c. sessions, but suet notice shall not be required on reporting any application from the town of New Glasgow or Truro ; but the court may proceed at once to the confirmation of any report 6i a committee recommending the appointment of a stipendiary magistrate for either of said towns, 8, Any such report may be approved of by the grand jury and confirmed by the court, or otherwise may be confirmed at a special sessions called for that purpose during the sitting of the Supreme Court in any county, and with the approval of the grand jury then assembled ; provided that notice of such intended confirmation be posted by the Clerk of the Peace in three public places within such proposed police division for ten days previously. On such report being ap- proved and confirmed as aforesaid, the place within the limits contained therein, shall thenceforth be and become a police division, by the name assigned in such report, and shall be subject to the provisions of this Chapter. 4. Within ten days after the creation of any such police division, the Clerk of the Peace for the county shall summon the justices residing within the limits of the division to meet at some central place therein, to carry out the provisions of this Chapter ; and shall attend at such meeting and record the pro- ceedings thereof. 5. The majority of the justices present at such meeting shall proceed to select one or more of their number to be sti- pendiary justices for the division, who shall continue in ofiice until superseded by the order of the majority of the justices residing within the division, or until they cease to be justices of the peace. 6. The stipendiary justice or justices selected, or one of them, shall, whenever occasion may require, or he or they may think necessary, act a police court within the aforesaid limits, and shall have and exercise all powers necessary for the preser- vation of the public peace and good order, the protection of property, and the repressing offences against the sabbath, or using profane or obscene language, and shall also have power to hear and determine in a summary manner, all larcenies where the value of the goods stolen shall not exceed twenty dollars, receiving of stolen goods, assaults, batteries, riots, petty tres- passes, malicious or wanton injuries to property, and breaches of the peace, committed within the limits aforesaid. 7. In districts where only one stipendiary police magistrate has been appointed, such police magistrate shall require two justices of the peace to preside with him on the trial of all lai'-^ cenies ; and a jury of three persons shall be sworn to try the offender, if required by him. 8. The court shall have power to punish offenders upon B.] STIPENDIARY MAGISTRATES. 95 conviction of any offences within their jurisdiction, by imprison- ment in the lock-up house or county jail, for a period not ex- ceeding sixty days, or by fine, not exceeding in any case twenty dollars and costs of prosecution ; and in case of non-payment of the fine and costs, may commit the offender to the lock-up house or jail, for any time not exceeding sixty days. 9. Offences shall be prosecuted in every case within two limitation of .-I r. » . "^ action, months alter commission. 10. No such conviction shall be quashed for want of form, ConTiction, Ac, and no warrant of commitment shall be held void by reason of "dVo? waStl?' any defect therein, so as it be therein alleged that the party has '""' been convicted of some offence, named therein. 11. The police court shall have power to hold persons Court may take cnargea with, ottences, as under recognizances with sureties, for sessions or to appear and answer in the Supreme Court or the court of "'"'^°" °°'"''' sessions, and for want of recognizance to commit to the lock-up house or county jail. 12. All process issued by the court shall be signed by one Pfooees, how or more of the justices. 13. Such justice or justices on their appointment, shall Appointment appoint a police constable, who shall have power within the constable, bis said limits to arrest any person who, in his presence, shall be ^°™*'^' guilty of any of the offences within the cognizance of such police justices, and take them before one or more of the justices, and if such justice shall consider it necessary, the police court shall meet and adjudicate upon the case ; but no person shall Court, wben be detained in custody from the time of his arrest until the hear- ot parties ing of his case more than thirty hours, except the arrest be made ^™''°^'"i' '""■' on Saturday ; but upon a hearing the person in custody may be remanded for the procuring of evidence or other sufiicient cause ; but nothing herein shall prevent any person so arrested from being delivered on bail, if entitled to be so delivered ; and such justice or justices may dismiss any such police cons- table and appoint another. 14. All persons shall be bound on request to assist the aii persons constable in the execution of his duty, and any person refusing constable. shall be fined not less than one dollar, nor more than four Kne. dollars, by any one of such justicfes. 15. The salaries ol the stipendiary justices and constables Salaries. over and above their fees hereinafter prescribed, shall be fixed by the court of sessions, and shall be assessed and collected by an equal rate upon the rateable inhabitants of the police division, in the same manner as poor rates are collected. 16. The Clerk of the Peace for the county shall make out How collected, the collector's roll for the police division, and the same shall be collected by a collector for the police division, to be approved by the sessions in the same manner as other county officers. 96 INSOLVENT DEBTORS. [appendix SesBione may make regula- tions. Jurisdiction of police magis* trate in civil matter. Fees. 17th clause to apply to town of Pictou. Appeal, 17. The general sessions shall have power to make regu- lations for the preservation of the peace ■within any such police division ; provided the same shall not be repugnant to law. 18. Any such police magistrate shall in all civil matters have the same jurisdiction as is now conferred upon two .'Justices. 19. The fees hereinafter enumerated ■ shall be chargeable for the services herein mentioned, viz : For affidavit — twenty cents. For warrant — fifty cents. Service of process — twenty-five cents. Recognizance — sixty cents. Judgment — twenty cents. Warrant of commitment — ^twenty cents. Subpoena — ten cents. 20. The seventeenth clause shall be applicable to the police court for the Town of Pictou ; and appeals in that court shall only be granted under the provisions of said clause. 21. A party aggrieved by any judgment for any sum of money as debt, damage or penalty under this Chapter, shall be eniitled to an appeal therefrom in the same way and on the- same terms as appeals are allowed from the judgments of justices of the peace, but in no other cases. OHAPTEE 137. OF THE RELIEF OP INSOLVENT DEBTORS. As amended by Chapter 4, 1868. Commissioners appointed, how, Prisoner to ex- hibit petition, and schedule annexed. 1. Commissioners for giving relief to insolvent debtors shall be appointed by the Governor in Council. 2. Where any person imprisoned upon any writ of mesne process, execution or attachment for non-payment of money, issuing out of the Supreme Court, shall desire to take the benefit of this Chapter, he skall 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 sched- ule 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 whicV. might become assets in the hands of his representatives, B.] INSOLVENT DEBTOES, 9T and also, so far as the same can be obtained by the debtor, a statement showing the amount of his liabilities. 3. The judge or commissioners shall thereupon forthwith „p""™4'Mr' issue a summons calling upon the creditor at whose suit the debtor is imprisoned, at a certain time or place to be therein named, to show cause why such prisoner should not be dis- charged. 4. True copies of the summons and schedule shall be ^"p^ "'?"",;„ T-,-,.,. , ,, mone and 8cne- served on the creditor, his attorney or agent, or where a debtor auie. how ser- is imprisoned at the suit of the Crown, on the Attorney date of service General, at least forty-eight hours before the time appointed pJoportloncSi to for shewing cause ; and where the creditor, his attorney or 'i'^''"'<=«- agent, or the Attorney General shall reside more than twenty miles from the place so appointed, twenty-four hours additional shall be allowed for every additional twenty miles. The service of such copies, if not admitted, must be proved on oath by the person serving the same, which oath may be ad- ministered by a justice of the peace, and a further time may be allowed for the examination, in the discretion of the judge or commissioners, where the creditor himself has not been served. 5. In cases where the insolvent debtor is imprisoned under f^ent^where process issued out of a court of justices of the peace, or that of >'J"Jaeft°^°" anv stipendiarv maeistrate, the notice required by the next cases out of •' ■ ,." .•' ° . , II- i-ir • i justice's court, preceding section may, m cases where the piaintrtt is not &o. resident in the county, be served upon the agent at whose instance the process was issued. If there be no agent within the county, and if the plaintiif 's place of residence be out of the Province or unknown, the notice may be left with the justice or stipendiary magistrate, whose name is first subscribed to the process, and the same shall be considered a service upon the plaintiff. 6. At the time appointed the judge or commissioners shall, ^^^J^^H ^- if desired by the creditor, administer an oath to the debtor in P^son^"^** «■«■ the following form : " I, A.B., do swear that I will true answer make to all such questions as shall be asked me on this examination." 7. The judge or commissioners shall give an order for the STargeXon'as- discharge of the debtor, unless in the cases hereafter provided rig^nmeutmade^ for uDon the debtor's making an assignment to the creditor form of oath; iui, li^i^ii K"^ ^ Y It, J•^ • 1 J 1 confession may in trust for the payment of thevJebt, ot his real and personal be required in property, upon his taking and subscribing an oath to the follow- ;^/„^„efs"''"* ing effect : , , , j "I A. B., do swear that the schedule annexed to my petition contains a true account of all the real and personal estate which I or any person in trust for me at the time of my petition had, or now have, or may hereafter have, except the 98 INSOJ.VENT DEBTOES. [appendix Debtors at the Buitof the crown, how discharged. Prisoner may be remanded on atiidavit. In cases of fraud, prisoner may be remand- ed for a period not exceeding one year, with- out privilege of ,1ali limits. wearing apparel and bedding for me and my family, and the tools or instruments of my trade or calling, not exceeding forty dollars in the whole ; and that I have not since my imprison- ment or before conveyed in trust for myself, or otherwise, ex- cept 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 commissioners are satisfied of the existence and amount of the debt, the debtor shall sign a confession of judgment there- for, and shall do such other acts as the judge or commissioners shall direct. 8. When a debtor is imprisoned at the suit of the Crown, and the judge or commissioners are satisfied of the insolvency of such debtor, he or they shall certify the same, together with an inventory of all the property of the debtor, and the Governor may thereupon by warrant under his hand and seal order the Attorney General to assent on behalf of Her Majesty to the discharge of the insolvent, either with or without an assignment of his property. 7. If the creditor, or in his absence his. attorney or agent, shall forthwith, in the presence of the judge or commissioners, make an affidavit in vrriting, stating that he has good reason to be dissatisfied with the account given, and believes that the debtor has not disclosed the whole truth, or has other property than that by him admitted, the judge or commissioners shall remand the debtor and appoint another day for the further hear- ing of the matter, and shall on that day again meet and dis- charge or remand the debtor, or make such further order as the justice of the case may require. 10. When upon the examination of the debtor, or of any witnesses that may be produced on either side, and which witnesses shall be bound to attend on subpoena as in actions pending in the Supreme Court, the debt shall appear to have been frauduently contracted, or any fraudulent circumstocgs have occurred in respect of such debt, or in respect of the de- la V of payment~ thereot, or iiTTggpEct of the conduct of jhe de btor with r egijd~tcr the dispSgitiorToT his "property, oTin cases of torTwhere"Tte judg^ or -commissioners" shall be of opinion that such tort was wilful and malicious, the judge or commissioners may remand the debtor to be confined without the privilege of jail limits, for such time under one year as he or they shall deem proper under the circumstances ; at 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. B-] INSOLVENT DEBTOKS. 99 11. Where the judge or commissioners shall remand the ^fo"Sd"'^' debtor for fraud, such judge or commissioners shall tax the witneesos fees tees ot witnesses attending on behalf of the creditor, and if not against debtor. paid, shall remand the debtor for such further period as he or they may deem right. 12. Where the debtor is imprisoned under a capias or ex- Two justices ,. . •, ■, . . .^ . « , ^ may relieve in ecution issued by a justice or justices of the peace, any two case of process justices shall possess the same powers in respect to the relief ju8tice^s°c"ou°t. of insolvent debtors as a judge. 13. In cases where the hearing shall be had before com- taP^fbyeithe^r missioners or justices of the peace, the debtor shall be entitled P"'y- to an appeal ; and if the creditor, or in his absence his attorney or agent, shall demand an appeal, and shall make an affidavit in writing that he is dissatisfied with the decision, and that the appeal is not made for the purpose of delay only, but that substantial justice may be done him therein, or to that effect, the commissioners or justices shall grant such appeal and re- mand the debtor. 14. The Supreme Court shall be the court of appeal, if it supreme court, , IT , . . '^ . 1 . , , . '^'^, ^ T a judge thereof, shall be sitting witnm the same county at the time the order or " special ses- appealed from was made, or if such sitting shall be held within court' of appeal. ten davs 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 withiji three days, and shall consist of any three justices of such county not concerned in the making of the order. 15. The court of appeal shall hear and determine such fo°JJt"ot°4p'eai. appeal, and make such orders therein from time to time as it shall deem proper, such orders being not inconsistent with this Chapter. 16. The judge, commissioners, justices, and the court of PfP"/^\*°j^^/^- appeal, shall return to the Supreme Court of the county all the supreme court. papers connected with their proceedings on such applications and appeals. 17. Upon receiving an order to that effect from the judge, ^Sr^ed b| commissioners, justices or court of appeal, the officers in whose °^^^''- custody such prisoner shall be, shall discharge him therefrom as regards the suit expressed in the order. 18. Where any person shall be discharged under the pro- J^X'tfabfe for visions of this Chapter, any property owned by him at the time ^f^^^'^;,^^^ '>'« of the judgment, or subsequently acquired, and not in the possession of a bona fide holder without notice, may neverthe- less be levied upon for the debt under execution issued on the same judgment. 19. When any person shall be discharged under the pro- ^ho liable'"*' 100 PETTY OFFENCES, ETC. [appendix therefor on a discharge. Fees. Penalty for refusal to act. visions in this Chapter, the party at whose suit he has been committed to jail, shall be liable to pay the Sheriff his fees for the service, return and travel necessary in serving the process, under which the party was arrested. 20. The fees mentioned in the schedule hereto shall here- after be paid to commissioners and justices, for services in connection with the relief of insolvent debtors. 21. If any commissioner or justice on being tendered the above fees shall refuse or neglect to sign the order and attend the examination of the insolvent, he shall forfeit the sum of forty dollars, to be recovered by the insolvent or any other person who will sue for the same as a private debt. SCHEDULE OF FBE8. Each commissioner, when the process issued out of Su- preme Court, on signing order $1 00 Each justice, when process issued by justices, on signing order. '. ; 50 If proceeding adjourned, same fees each day of attend- ance. Each commissioner on signing final order 50 Each justice on signing final order 25 Note.— This Chapter repealed'as to traders by Chapter 16, Canada, 1869.— The Insol- vent Act of 1869. Larcenies under $100, and felonies by juvenile offen- ders, how tried. Exceptions. Proviso, Proceedings after arrest of prisoner. OHAPTEE 147. OF PETTY OFFENCES, TRESPASSES, AND ASSAULTS: As Amended by Chapter 1, 1865, Section 15. 1. A court of general or special sessions in any county or district at which not less than five justices shall be present, may, in a summary way, hear and try all larcenies when the value of the property stolen shall not exceed one hundred dollars, and may hear and try trespasses and felonies committed by juvenile offenders under the age of fourteen years, excepting only capital felonies : provided that such trials shall take place at the court-house of such county or district. 2. When any person has been arrested and committed to jail by warrant for any offence triable under the first ten sec- tions of this Chapter, the jailer shall forthwith notify the B-] PETTY OFFENCES, ETC. 101 Sheriff thereof, who shall give notice of the same to the Gustos, and such Gustos shall direct the Clerk of the Peace to summon a special sessions to meet at a day to be named by him suf- ficiently distant to permit notice to the prisoner as hereinafter named, and the Glerk of the Peace shall forthwith, on receipt of such direction, convene such special sessions, and notify the prisoner of the day named for his trial, at least eight days pre- vious to such special sessions. 3. The justices in general or special sessions as aforesaid Pi"ii8i™e°t- shall have power to punish by fine or imprisonment, or both, with or without hard labor, as they shall see fit, but in no case shall they be allowed to fine beyond forty dollars, or to im- prison beyond six months, and that only, in the county or dis- trict jail. 4. A.ny party feeling aggrieved by the sentence of such Appeal, justices in general or special sessions, may appeal to the Su • preme Court, or a judge, who may rehear the case, and make such order therein as justice shall require ; but offenders con- victed before the justices in general or special sessions shall not informality not T.11J •! !• .»,. to affect pro- be allowed to escape punishment from any mere informality ceediDgs. in the proceedings, and no relief shall be allowed unless it shall be made to appear by affidavit that injustice would otherwise be done. 5. The proceedings up to the hearing before the iustices in Proceedings T ^ . 1 ". 1 11 1 1 • r. .• ^ before justices, general or special sessions shall be by imormation and summons or warrant, as in the first section of Chapter one hundred and seventy-two of the Revised Statutes, Third Series, and the hear- ing and all subsequent proceedings shall be the same as in civil cases, except that subpoenas and other writs shall be in the name of the Queen for the defendant as well as the plain- tiff. 6. All censtables and peace officers shall be compelled to writs &c., how execute writs and process, as in other cases of proceedings at the suit of the Crown. 7. The justices in general or special sessions shall make Conviction. their conviction and sentence in writing, and shall furnish a copy thereof to the constable or other officer, who shall de- liver the same to the jailer in case of a sentence of imprison- ment. 8. No fees shall be paid or received under the foregoing Fees, sections, but officers and witnesses shall be entitled to remuner- ation as in other criminal cases. 9. In the case of incorporated counties or districts, the J"°°'P"tnd powers .conferred under the foregoing sections shall be exercised districts. by the monthly municipality courts. 10. The foregoing sections shall not extend to the City of Limitation of Halifax. 102 PETTY OFFENCES, ETC. [appendix SesslonB to make regula- tions respecting horses, &c., going at large. Penalty for vio- lating regula- tions. A justice to have jurisdic- tion over tres- passes by horses, &c,, to $12. Replevin may be granted by justice. "Form of writ. Cause to be tried as In other cases. Penalty for damaging or defacing a com- mon. Penalty for in- juring orna- mental trees on public roads. Penalty for trespassing on cultivated enclosures. Penalty for injury to trees. 1 1, The sessions shall make regulations for preventing tres- passes by horses, asses, mules, cattle, sheep, swine, or goats going at large, 12, Persons violating the regulations shall forfeit a sum not exceeding eight dollars. 13, Where a trespass has been committed by horses, asses, mules, cattle, sheep, swine or goats, and the damage alleged to have been suffered shall not exceed twelve dollars, the case maybe tried before a justice of the peace in the same manner and with the like costs, and subject to appeal and other proceed- ings as if it were an ordinary debt. 14, The justice shall grant replevin where required upon security being given for prosecuting the same with effect with- in seven days. 15, The writ of replevin shall be in the following form : — You are hereby commanded to replevy to A. B. his cattle, viz : [here describe them] which C, D, unjustly, as is alleged, detains under pretence of having committed a trespass not exceeding twelve dollars, and also to summon the said 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 • day of , A,D, one A. B. Witness my hand and seal this thousand eight hundred and E. F,, J.P. fseal ) 16. The justice shall try the cause commenced by such writ, and give judgment with the like costs as in ordinary cases of debt and subject to the same further proceedings thereon, 17. If any person shall cut or carry away the soil or sods of any common whereby the pasturage shall be injured or the ground defaced, he shall forfeit a sum not exceeding four dollars, 18. If any person shall cut down or injure any trefes planted for ornament or left growing on the side of any public square, street or highway, he shall forfeit for every such tree a sum not exceeding eight dollars, but no penalty shall attach for the re- moval of any such trees by a commissioner of streets or sur- veyor of highways, 19. If any person shall trespass in a cultivated enclosure he shall forfeit a sum not exceeding eight dollars for the use of the occupier of the land, 20. If any person shall illegally cut down or injure any tree growing on crown or private land, or shall illegally cai-ry away any such tree when cut down, he shall, for eveiy such ^•] PETTY OFFENCES, ETC. 103 tree, forfeit a sum not to exceed eight dollars to the Commis- sioner of Crown Lands for the time being, for the use of the Province, or to the owner of the soil, as the case may be, but in no case shall the whole penalty exceed twenty dollars. No impriBonment. person imprisoned under execution issued upon any judgment for breach of this section, shall be entitled to jail limits, or to the benefit of Chapter one hundred and thirty-seven of the Eevised Statutes, Third Series, relating to insolvent debtors, until he shall have been imprisoned, if, for the first offence, a period of five days, and for the second or subsequent offence, a period of ten days. 21. Nothing in th« two preceding sections contained shall ^na^Helto be take away from the party injured any right of action at law for oumuiLtory the trespass committed. remedies. _ 22. The offences enumerated in sections seventeen, °ct"oot\7" is, eighteen, nineteen and twenty, are hereby declared to be under \^ a"* 2°, ' ' .-I • . J. . J. ^ . , *'. . „ , declared under tne jurisaiction 01 one or more justice or justices of the peace jurisdiction of according to the amount of penalty sought to be recovered. i" aJe!' "^ *" 23. Two justices of the peace may hear and determine in a Two justices of m T ■ !• 1 11 . the peace to summary way, ali complaints tor common assaults and batteries ; have jurisdic- and upon conviction the offender shall forfeit a sum not exceed- a'sTaurtsto $8. ing eight dollars, to be paid over when recovered to the County Treasurer; and the justices shall forthwith file the receipt of the County Treasurer with the Clerk of the Peace. 24. If the fine and costs awarded shall not be paid forth- SueftrSn™"^ with, or within the time appointed for that purpose by the ?"* <:°"'^' ^""1 . , f^ . ' , ^ , , "^ , imprisonment justices, the same may be levied by execution in the. usual may be ordered form, under which the 'offender may be imprisoned for a period tnirty days. not exceeding thirty days, unless the fine and costs be sooner paid. 25. If the justices upon the hearing shall deem the offence Justices may T ' n- • ■* ^ 1 dismiss a com- not proved, or so tritimg as not to merit punishment, they may plaint and give dismiss the complaint, and if required shall give the party accordingly. acquitted a certificate accordingly. 26. The justices may give costs either to complainant or gj^^e't'o o"with- defendant," or dismiss the complaint without costs on either hold costs from , ^ ^ either party. Side. '27. If the offence charged be of an aggravated kind, or if ^"ceisaggra- upon the hearinsr the justices think the offender deserving a yatcdthejus- f .111 -111 1 • 1 1 ""^^ '""y °'"° higher punishment than above prescribed, they may bind the over the parties fn 1 1 • i i iU ' i. o '° appear at the offender over by recognizance to appear at tne next oupreme supreme court. Court to answer the charge, and if necessary may also bind over the prosecutor to appear and prosecute, and the witnesses to give evidence. 28. If any person shall have obtained a certificate as above, ^""^Pt^*""^ or having been convicted, shall have paid the whole amount ticcs judgment adiudgred, or shall have suffered the punishment awarded for from anTurther JO' '■ criminal pro- ceedings. 104 PETTY OFFENCES, ETC. [APPENMX non-payment thereof, he shall be thereby acquitted of all criminal proceedings for the same offence. irrterferin°g'with ^9- If ^ny person shall interrupt, molest, or hinder any surveyor. principal or deputy surveyor, or other person authorized by the Governor, the Commissioner of Crown Lands or a judge of the Supreme Court, while in the discharge of his duties as a surveyor, such person shall be guilty of a misdemeanor, and may be fined or imprisoned by any two justices of the peace, in their discretion ; the imprisonment not to exceed thirty days, and the fine not to exceed twenty dollars. Limitation of 30. Evcrv prosccution under this Chapter shall be com- proBtcu lona. mgncgfj •nrithin six months after the offence committed. Proceedings to 31. The iustices shall proceed by summons in the form fol- be by summons; . . •' i ./ torm given. lowmg : To any of the constables of the County of- You are hereby commanded to summon A. B., of , to appear before us at , on the day of next, to answer C. D. for a petty trespass [or for a petty assault and battery, as the case may be\ committed on or about the day of , contrary to the provisions of Chapter one hundred and forty-seven of the Eevised Statutes, Third Series. "Witness our hands at the day of , A. D. 18—. E. F., J. P. (seal.) G. H.,J.P. (seal.) Conviction to gg The convictions under this Chapter shaU be endorsed be endorsed or • . i • ^i r j- ii annexed to the upon or finnexed to the original summons in the torm toliow- Humraons; form . '■ given. mg : The within named C. D., having been duly summoned, was this day convicted of a petty trespass [or « 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 names of the witnesses examined] and was thereupon fined the sum of , with costs, amounting in all to the sum of , to be paid forthwith [or within days next.] Witness our hands this day of , A. D. 18—. E. F., J. P. G.H., J. P. Which, when signed by the justices, shall be a valid record of such conviction. B-] ILLEGAL EKLISTMENT. 105 OHAPTEE 158. OF ILLEGAL ENLISTMENT. 1. If any person whosoever, shall hire, retain, engage or Persona procur- procure, or shall attempt or endeavour to hire, retain, engage nstment toTe or procure, or shall solicit or persuade any person whomso- demTanor". """" ever in this Province, to enlist, or to enter himself to serve or engage to enlist or to serve, or to be employed in any rank, office, or capacity whatever, and either by land or sea, in the service, or employment of, or for or under, or in aid of any foreign prince, state, potentate, government, colony, province, or any part of any province or people, or of, or for, or under, or in aid of any persons, exercising, or assuming to ex- ercise any powers of government in or over any foreign coun- try, colony, province, or part of any province or people ; or to go, or agree to go, or embark from any part of this Province for the purpose, or with intent to be so enlisted, entered, en- gaged or employed, as aforesaid, whether any enlisting money, pay or reward, shall have been, or shall be actually given or received, or not ; in any or either of such cases, every person so offending shall be deemed guilty of a misdemeanor ; and Punishment upon being convicted thereof upon any information or indict- uon. ment, shall be punishable at the discretion of the Court by fine and imprisonment, or either of them ; and by imprisonment either in the county jail or Provincial Penitentiary. 2. If any person whosoever shall, on any pretext whatever. Enticing per- - , .*'-*- . 1 n .. sons abroad for hire, retain, engage, entice or procure, or shall attempt or en- purpose of en- deavour to hire, retain, engage, entice or procure, or shall so- ''®'"'^°'- licit, or use means to induce any of Her Majesty's subjects in this Province to go, or to agree to go, from any part of this Province, by land or by water, to any foreign state or country, or to any place out of this Province ; such person in so doing, having the purpose and intention of procuring, facilitating, or bringing about the enlistment or employment, or the engage- ment to enlist or to be employed of any such subject of Her Majesty, in any rank, office, or capacity, by land or sea, in the service, or employment of, or for, or under, or in aid of any foreign prince, state, potentate, government, colony, province, or any part of any province or people ; or ofj or for, or under, or in aid of any person or persons exercising or assuming to exercise any powers of government in or over any foreign country, colony, province or people, whether such subject of 106 OFFENCES AGAINST KELIGION. [APPENDIX A misdemea- nor. Punishment. Enticing minora and apprentices to leave the province, &c. A misdemea- nor. Punishment. Justices may issue warrants, This chapter not to prevent action for da- mages. Her Majesty shall know of such purpose or intention or not,, or whether such subject shall actually leave this Province or not, oj- whether such subject shall enlist or engage in any such service or employment or not ; every person so offending shall be deemed guilty of a misdemeanor, and upon being convicted thereof upon any information or indictment, shall be punishable at the discretion of the Court by fine and imprisonment, or either of them, and either by imprisonment in the county jail or Provincial Penitentiary. 3. If any person whosoever shall, for any object whatever, hire, retain, engage, procure, or entice, or shall attempt or endeavor to hire, retain, engage, procure or etitice, or shall solicit, or use any means whatever to induce any minor, ward, or apprentice in this Province, to go, or to agree to go, from any part of this Province, by land or by water, to any foreign state or country, without the knowledge, consent, or approval, or against the will, of the parent, guardian, or master, or such person as shall have the charge and authority over, or be entitled to the services of, such minor, ward, or apprentice, such person so offending shall be deemed guilty of a misdemeanor, and upon being convicted thereof, upon any information or indictment, shall be punishable, at the discretion of the Court, by fine and imprisonment, or either of them, and either by imprisonment in the county jail or Provincial Penitentiary. 4. Any justice of the peace may, on complaint on oath, issue his warrant against any person charged with any mis- demeanor under this Chapter, and cause him to be arrested and brought before himself or any other justice of the peace, and held to baU with suificient sureties to appear before the Su- preme Court to answer such complaint. 5. This Chapter shall not be construed to prevent any person aggrieved by anything done in violation of the provi- sions of this Chapter from bringing an action for damages therefor, and in any such action a judge may, in his discretion on suificient evidence on afiidavit, allow a capias, although it may not appear that the defendant is about to leave the Province. CHAPTER 159. OP OFFENCES AGAINST EELIGION. Fine for dese- cration of the Lord's day. 2. Any person who shall be convicted before a justice of the peace of shooting, gambling or sporting, of frequenting tippling houses, or of servile labor, works of necessity and ■] OFFENCES AGAINST PUBLIC MOEALS. 107 lercy excepted, on the Lord's day, shall for every offence jrfeit not less than one nor more than eight dollars, and in de- mit of payment shall be committed to jail for a term not less ban twelve hours nor more than four days. 4. If any person shall wilfully or wantonly untie, remove, f^-^^^ °^^^^^^ V let loose, disfigure or injure any horse, or remove or med- &c., in vicinity ' le with, injure or destroy any vehicle, or cut, injure or destroy fngs?"^ ^'" "^^^ ny harness connected with such horse or vehicle, while the ame are in the vicinity of any place where such meeting (i.e. f persons lawfully convened for any religious, moral, social r benevolent purpose) may be in the act of being held, he hall for every offence forfeit a sum not less than five dollars, lor more than forty dollars. 5. Any person offending against the provisions of the fourth ^^^i^l^^^^f ection of this Chapter, may be arrested on view by any peace offenders. fiicer present at such meeting, or by any other person thereto erbally authorized by any justice of the peace present thereat ; nd such offender shall thereupon be committed to the county dl until he shall find security to the satisfaction of a justice or his good behaviour, and to pay any fine or penalty that aay be imposed upon him on any prosecution for such offence. Note.— Sections 1 and 3 repealed by Chapter 36, Canada, 1869. OHAPTEE 160. OF OFFENCES AGAINST PUBLIC MORALS. 1. Any person who shall be convicted of drunkenness either |j°nk°„„gg3 in view or upon oath before a justice of the peace, shall, for very offence, forfeit not less than one nor more than four iollars, and in default of payment shall be committed to jail sr a term not less than twelve hours nor more than four [ays. 2 Anv Derson who shall be convicted of incest shall be Punishment for ~" ■'-^"J r^ -1 1 n 1 • • J ^ i incest, :uilty of a misdemeanor, and shall be imprisoned tor a term lOt exceeding two years. 3. Any person who shall be convicted of keeping a ^""pfn™'/^ ommon gambling house, bawdy house or other disorderly ^J'°?'„^^|^y' :Ouse, room or place, shall be imprisoned for a term not ex- house. eeding two years. 4. Any person who shall appear or act as master or mis- ^^^^/yj^^.^ ress, or as having the care or management of any gambling of such house. ouse, bawdy house or other disorderly house, shall be deemed 5 be the keeper thereof, and shall be prosecuted and punished s such, notwithstanding he or she shall not in fact be the real wner or keeper thereof. 108 OFFENCES AGAINST PTJBMC PEACE. [APPENDIX ishmentof^""' ^' -^^^ person who shall keep a common gambling house, offenders. or disorderly house, shop, room, or place, may be summarily tried and convicted before two justices of the peace, or, if in the City of Halifax, before the Police Court ; and, on convic- tion, shall be punished by a fine, not to exceed twenty dollars, or by imprisonment in jail or bridewell, with or without hard labor, for a term not exceeding one month, or be both fined and imprisoned as the said justices or police court may di- rect. 6. Any justice of the peace, or, if in the City of Halifax, the Mayor or any alderman, may, at any time of the night or day, enter any house, shop, room, or place, suspected of being a gambling or bawdy house, shop, room, or place, and it shall be their duty, upon reasonable suspicion, or on evidence tendered them under oath, so to do. 7. Any person profanely cursing or swearing in the hear- ing of a justice of the peace, or who shall be convicted thereof, shall forfeit forty cents for the first afience, and for a second offence double, and for a third oflFence treble that sum; and in default of payment shall be committed to jail for a term not less than two nor more than twelve hours. ?i°?/°1if"l°^ 8. Whoever shall undertake or set up, or shall by writing or printing, publish the undertaking or setting up of any lottery or raifle 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 forty dollars; and in default of payment shaU be committed to jail for a period not exceeding thirty days. Any justice, &c, may enter gam- bling housea, &c. Fine for profane swearing. up or participa- ting in lotteries or raffles. OHAPTEE 162. OF OFFENCES AGAINST THE PUBLIC PEACE: As amended by Chapter 12, 1869. Punishment where three or more persons unlawfully as- semble or con- tinue assem- bled. 5. If three or more persons shall assemble, or having assembled shall continue together, with intent without lawful authority to execute any common purpose with force and violence, or in so violent and tumultuous a manner, or under such circumstances as are calculated to create terror and alarm •] OFFENCES AGAIKST PUBLIC PEACE. 109 tnongstHer Majesty's subjects, such person shall be imprisoned )r a term not exceeding two years. 6. If any persons unlawfully assembled together to the dis- Punishment for •1 p A. i_T 1 n -1 ■. unlawful as- iir Dance ot tne public peace, shall damage or destroy any eembiages dam- hurch, chapel, or meeting house for the exercise of religious OTmlchiuMy!" rorship, or any building or erection, or any machineiy, whether ixed or moveable, prepared for or employed in any manufacture, uch offenders shall be imprisoned for any term not exceeding wo years. 7. If two or more persons shall fight together in a public r"?'*™!"* ^°' 1 • ■■ T 1 °i . ° ^ public fighting. (lace, m sucn a manner and under such circumstances as are alculated to create terror and alarm amongst Her Majesty's ubjects, such persons shall be committed to jail for a term not xceeding three months. 8. If two or more persons shall openly carry dangerous and Punishment for 1 . iTi ■! TT carrying dan- musual weapons many public place, m such a manner and under gcroua weapons uch circumstances as are calculated to create terror and alarm mongst Her Majesty's subjects, such persons shall be committed jail for a term not exceeding twelve months. 9. If any person shall, by discharging fire-arms, or by ^r^^{" co„d',ct iotous or disorderly conduct in any street or highway, wantonly in streets or r mahciously disturb the peace and quiet of the inmates of ^ * ^^'''' ny dwelling house near such street or highway, he shall, for ivery offence, forfeit a sum not less than two dollars nor more han eight dollars. 10. No persons shall stand in a group or near to each other ftructing'strOTt m any street or sidewalk in such manner as to obstruct a free or sidewalk. )assage for foot passengers, under a penalty of not less than ifty cents nor more than two dollars ; and any person refusing »r neglecting to remove from or to cease to obstruct such street )r sidewalk, after the request of a constable, shall be Hable to 1 like penalty. 11. Any person who, being on any street, lane, thorough- lt^„fi^^°^^n^ are or sidewalk, shall openly use any profane, obscene, lewd language, ic, »r lascivious language or behavior, may be forthwith taken fare. nto custody, by day or by night, by any constable, and shall )e liable to a fine of not less than one dollar nor more than bur dollars ; and in case of non-payment to imprisonment for I period not exceeding ten days. 12. Any person, being on any street, lane, thoroughfare SnyBgto rr sidewalk, who shall openly challenge any person to fight, flgi>t, &c. •r shall use abusive or provoking language, may be forthwith irrested by any constable ; and shall be subject to a fine of lot less than-one dollar nor more than four dollars ; and in ;ase of non-payment to imprisonment for a period not exceed- ng ten days. _ KoTE.- Sections 1, 2, 3, and 4, repealed by Chapter 36, Canada, 1869, 110 COMBINATIONS OF WORKMEX. [appkndix CHAPTER 165. OF COMBINATIONS OF WORKMEN. Penalty for in- terfering with employers and workmen with regard to the wages, work, 8«. 1. If any person shall by violence to the person or pro- perty, or by threats or intimidation, or by molesting, or in any way obstructing another, force, or endeavor to force, any journeyman, manufacturer, miner, workman, or other per- son, hired or employed in any manufacture, mining opera- tions, trade or business, to depart from his hiring, employ- ment or work, or to return his work before the same shall be finished, or prevent, or endeavour to prevent, any journey- man, manufacturer, miner, workman or other person, not being hired or employed, from hiring himself to, or from ac- cepting work or employment from any person or persons ; or if any person shall use or employ violence to the person or property of another, or threats or intimidation, or shall molest, or in any way obstruct another, for the purpose of forcing or inducing such person to belong to any club or association, or to contribute to any common fund, or to pay any fine or penalty, or on account of his not belonging to any particular club or association, or not having contributed or having refused to contribute to any common fund, or to pay any fine or penalty, or on account of his not having com- plied, or of his refusing to comply, with any rules, orders, resolutions or regulations made to obtain an"advance, or to reduce the rate of wages, or to lessen or alter the hours of working, or to decrease or alter the quantity of work, or to regulate the mode of carrying on any manufacture, mining operations, trade, or business, or the management thereof; or if any person shall, by violence to the person or property of another, or by threats or intimidation, or by molesting, or ill any way obstructing another, force, or endeavor to force, any manufacturer or person carrying on any trade, mining operations, or business, to make any alteration in his mode of regulating, managing, conducting, or carrying on such manufacture, mining operations, trade, or business, or to limit the number of his apprentices, or the number or des- cription of his journeymen, workmen, miners, or servants; every person so offending, or aiding, abetting, or assisting therein, being convicted thereof, in manner hereinafter mentioned, shall be imprisoned only, or shall .and may be imprisoned and kept to hard labor, in the Provincial Peni- tentiary, for any time not exceeding twelve calendar months. '•] COMBINATIONS OF WORKMEN. Ill 2. This Chapter shall not extend to subject any persons f^"t°™f*^'„ punishment who shall meet together for the sole purpose operation o? if consulting upon and determining the rate of wages or prices '"^"'' rhich the persons present at such meeting, or any of them, ihall require or demand for his or their work, or the hours )r time for which he or they shall work in any manufacture, nining operations, trade or business, or who shall enter into my agreement, verbal or written, among themselves, for he )urpose of fixing the rate of wages or prices which the parties mtering into such agreement, or any of them, shall require )r demand for his or their vrork, or the hours or time for vhich he or they will work in any manufacture, mining operations, trade or business ; and that persons so meeting m the purposes aforesaid, or entering into any such agree- nent, as aforesaid, shall not be liable to any prosecution or )enalty for so doing, any law or statute to the contrary not- vithstanding. 3. This Chapter shall not extend to 'subject any persons fj^^Yions punishment who shall meet together for the sole purpose ^^^""^ '°°' )f consulting upon and determining the rate of wages or )rices which the persons present at such meeting, or any of hem, shall pay to his or their journeymen, miners, workmen )r servants, for their work, or the hours or time of working n any manufacture, mining operations, trade or business, >r who shall enter into any agreement, verbal or written, imoug themselves, for the purpose of fixing the rate of wages )r prices which the parties entering into such agreement, )r any of them, shall pay to his or their journeymen, miners, vorkmen or servants, for their work, or the hours or time of vorking in any manufacture, mining operations, trade, or msiness ; and that persons so meeting for the purposes iforesaid, or entering into any such agreement as aforesaid, hall not be liable to any prosecution or penalty for so doing, ny law or statute to the contrary notwithstanding. 4. All and every person or persons who shall, or may, gvrevidenw ffend against this Chapter, shall, and may, equally with all &«. ther persons, be called upon, and compelled to give his or er testimony and evidence as a witness or witnesses, on be- alf of Her Majesty, or of the prosecutor or informer upon ny information to be made or exhibited under this Chapter, gainst any other person or persons, not being such witness r witnesses as aforesaid ; and in all such cases, every erson, having given his or her testimony or evidence, as foresaid, shall be and is hereby indemnified of, from and gainst any information to be laid or prosecution to be com- lenced against him or her for having offended in tiie manner ^herein, or relative to which, he, she or they shall have given jstimony or evidence, as aforesaid. 112 COMBINATIONS OF WORKMEN. [APPENDIX bX^Suoe ^' ^'^ complaint and information on oath before any one of the peace, or morc justiccs of the peace, of any offence having been com- mitted against this Chapter, within his or their respective juris- dictions, and within six calendar months before such com- plaint or information shall be made, such justice or justices are hereby authorized and required to summon the person or persons charged with being an offender or offenders against this Chapter, to appear before any two such justices at a certain time or place to be specified ; and if any person or persons so summoned shall not appear according to such summons, then such justices, proof on oath having been first made before them of the due service of such summons upon such person or persons, by delivering the same to him or them personally, or leaving the same at his or their usual place of abode, provided the same shall be so left twenty-four hours at the least before the time which shall be appointed to attend the said justices upon such summons, shall make and issue iheir warrant or warrants for apprehending the person or persons so summoned and not appearing, as aforesaid, and bringing him or them before such justices ; or it shall be law- ful for such justices, if they shall think fit, without issuing any previous summons, and instead of issuing the same upon such complaint and information as aforesaid, to make and issue their warrant or warrants for apprehending the person or persons by such information charged to have offended agiiinst this Chapter, and bringing him or them before such justices ; and upon the person or persons complained against appearing upon such summons, or being brought by virtue of such warrant or warrants before such justices, or upon proof on oath of such person or persons absconding so that such warrant or warrants cannot be executed, then such justices shall, and they are hereby authorized and rcqiiired forthwith, to make inquiry touching the matters complained of, and to examine into the same by the oath or oaths of any one or more credible person or persons as shall be requisite, andjto hear and determine the matter of every such complaint ; and upon confession by the party or proof by one or more credible witness or witnesses upon oath, to convict or acquit the party or parties against whom complaint shall have been made as aforesaid. Witnesses ;ho-w 6. It shall bc lawful for the justices of the peace before penaHy'for'non- wliom any such Complaint and information shall be made as compliance. aforcsaid, and they are hereby authorized and required, at the request in writing of any of the parties, to issue his or their summons to any witness or witnesses, to appear and give evidence before such justices at the time and place appointed for hearing and determining such complaint, and which time and place shall be specified in such summons ; and if any B.] COMBINATIONS OF WOKKMEN. 113 person or persons so summoned to appear as a witness or witnesses as aforesaid, shall not appear before such justices at the time and place specified in such summons, or offer some reasonable excuse for the default, or appearing accord- ing to such summons, shall not submit to be examined as a witness or witnesses, and give his or their evidence before such justices touching the matter of such complaint, then and in every such case it shall be lawful for such justices, and they are hereby authorized — proof on oath, in the case of any person not appearing, according to such summons, having been first made before such justice of the peace, of the due service of such summons on every such person, by % delivering the same to him or her, or by leaving the same twenty-four hours before the time appointed for such person to appeiir before such justices, at the usual place of abode of such person — by warrant under the hands of such justices to commit such person or persons so making default in appearing, or appearing and refusing to give evidence, to some prison within the jurisdiction of such justices, there to remain without bail for three calendar months, or until such person or persons shall submit to be examined, and give evidence before such justices, as aforesaid. 7. The iustices before whom any person or persons shall I'orme in an- • IP r-f • 1 • /-ii . 1 1 nexed schedule be convicted oi any offence against this Chapter, or by whom to be used. any person shall be committed to prison for not appearing : s a witness, or not submitting to be examined, shall cause all such Convictions, and the warrants or orders for such com- mitments, to be drawn up in the form, or to the effect, set forth in the schedule to this Chapter annexed. 8. If any person convicted of any offence or offences, Apgeai; p»-^^ punishable by this Chapter, shall think himself aggrieved &o! ""^ "° by the judgment of such justices, before whom he shall have been convicted, such person shall have liberty to appeal from every such conviction to the next sittings of the Supreme Court which shall be hold for the county wherein such offence was committed ; and the execution of every judgment so appealed from shall be suspended, in case the person so convicted shall immediately enter into recogniz- ances before such justices — which they are hereby authorized and required to take — himself with two sufiBcient sureties, in the penal sum of two hundred dollars of lawful money of Nova Scotia, upon condition, to prosecute such appeal with effect, and to be forthcoming to abide the judgment and determinatif.n of the said next sittings ofthe Supreme Court, and to pay su.h costs as the said Court shall award on such occasion ; and the judge or judges in the said next sittings of the Supreme Court are Ijereby authorized and required to hear and determiue the matter of the said appeal, and to 8 114 COMBINATIONS OF WOEKMEN. [APPENDIX award such costs as to them shall appear just and reasonable, to be paid by either party, which decision shall'be final ; and if, upon hearing the said appeal, the judgment of the justices be- fore whom the appellant shall have been convicted, shall be affirmed, such appellant shall immediately be committed by the said Court to the common jail or Provincial Penitentiary, without bail, according to such conviction, for the space of time therein mentioned. SCHEDULE. Form of conviction and commitment. Be it remembered, that on the day of -y in the year of our Lord one thousand eight hundred and -, A. B. is convicted before lis [naming the justices], two of Her Majesty's Justices of the Peace for the County of , of having, [stating the offence,'] contrary to Chapter One hundred and sixty-five of the Revised Statutes, Third Series, " Of Combinations of Workmen," and we, the said Justices, do hereby order and adjudge the said A. B. for the said ofience, to be committed to, and confined in the [common jail, for the said Courtty of , or Provincial Peni- tentiary at Halifax, there to be kept to hard labor] for the space of . Given under our hands the day and year above written. Form of commitment of a person summoned as a witness. Whereas, C. D. hath been duly summoned to appear and give OAnidence before us, [naming the justices who issued the summons,] two of Her Majesty's Justices of the Peace for the County of , on this day of , at , being the time and place appointed for hearing and deter- mining the complaint made by [the informer or prosecutor] before us, against A. B:, of having [stqting the offence as laid in the information] contrary to Chapter One hundred and sixty-five of the Revised Statutes, Third Series, " Of Combinations of Workmen ; " and whereas, the said C. D. hath not appeared before us at the time and place aforesaid, specified for that purpose, or offered any reasonable excuse for his [or her] default, [or, and whereas, the said C. D., having appeared before us at the timp and place aforesaid, specified for that purpose, hath not submitted to be ex- amined as a witness and give his [or Aer] evidence before us, touching the matter of the said complaint, but hath refused B.] ADMINISTRATION OF CEIMINAL JUSTICE. 115 SO to do], therefore we, the said justices, do hereby, in pur- suance of the said statute, commit the said C. D. to the [describing the prison,'] there to remain without bail for his [or her] contempt, aforesaid, for calendar months, or until he [or she] shall submit himself [or herself] to be ex- amined, and give his [or her] evidence before us, touching the matter of the said complaint, or shall otherwise be dis- charged by due course of law ; and you, [the constable, or other peace officer or officers to whom the warrant is di- rected] are hereby authorized and required to take into your custody the body of the said C. D., and him [or her] safely to convey to the said prison, and him [or her] there to de- liver to the jailer or keeper thereof, who is hereby author- ized and required to receive into his custody the body of the said C. D., and him [or her] safely to detain and keep pujrsu- ant to this commitment. Given under our hands, this day of , in the year of our Lord, one thousand eight hundred and . [This commitment to be directed to the proper peace officer, and the jailer or keeper of the prison.] ITOTE.-^See Chapter 31, Canada, 1872. OHAPTEE 171. OF THE ADMINISTRATION OF CRIMINAL JUSTICE IN THB SUPREME COURT. 59. Any person that shall hereafter be committed to Charges of con- jail for any oifence or misdemeanor, having means or ability Im toj^i'tobe thereuntOj shall bear his own reasonable charges for convey- ^hemfeives^ ing or sending him to jail, and the charges also of such as procee°ding8'to ' shall be appointed to guard him and shall so guard recover the him thither ; and if any person shall refuse to defray such charges, then a justice of the peace, by writing under his hand and seal, shall give warrant to any constable to sell so much of the goods and chattels of the said person so to be committed as by the discretion of the said justice shall satisfy and pay the charge of his conveying and sending to the jail, the ap|H:aisement to be made by two inhabitants of the town or place where such goods or chattels shall be, and the overplus of the money which shall be made thereof to be delivered to the party to whom such goods shall belong. 60. If the person so to be committed shall not have or Constable's ex- be known to have any goods or chattels which may be sold lowed and paid. 116 ADMINISTRATION OF CRIMINAL JUSTICE. [APPENDIX for such purpose, then the said justice, on application by any constable or other oiEcer who so conveyed such person to jail, shall upon oath examine into and ascertain the reasonable ex- penses to be allowed such constable or other officer, and 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 ac- counts. Expenses of 61. When any poor person shall appear on recognizance poor witDesses, . ,,■•1 • j. J.^ jj? how paid, m any court, to give evidence against another accused oi any felony or misdemeanor, it shall be in the power of the Court, if it shall think fit, at the prayer and on the oath of such person, and on consideration of his circumstances, in open court to order the Treasurer of the County in which the offence shall have been committed, to pay unto such person such. sum of money as to the court shall seem 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 ten cents and no' more ; and such Treasurer is hereby required, upon delivery of such order, forthwith to pay to such person or other person authorized to receive the same, such sum of money as aforesaid, and shall be allowed the same in his accounts. Where county 62. In case such Treasurer shall not have any money in no funds the his hands to pay the sum so ordered for conveying poor tioned^in the" prisoners to jail, or for the attendance of witnesses, the tX'plid oi?"" same shall be paid out of the public treasury of the Pro-, of the public vince. treasury. ' ^ ... . i Feesoncrimi- 63. All witnesses on criminal trials attending on the part ^tn"tselm of the prosecution, shall be entitled, under the sanction of p^rosecutton. ^^^ ^^^ Court or a judge, to receive from the County Treasurer the same fees for their travel and actual attendance, as witnesses in civil suits are now entitled to receive ; such fees to be paid on the certificate of the Attorney General, Queen's Counsel, or officer appointed by a judge to conduct such prosecution, that such witnesses duly attended under sub- poena and gave evidence at such trials, and are entitled to re- ceive therefor the amount therein stated; and such subpoenas shall be produced on taxation. County treasur- 64. X]^e Countv Treasurer is requii-ed, upon the delivery er to pay the i>it-»i i • n i r j-X, amount. ol the Trothonotary s certificate, to pay the amount oi tne fees mentioned therein. In the absence (55 Whenever, in the absence of the Attorney General, of the attorney . ' . _ "^ general the it shall appear to the Court expedient and necessary to ap- point officers to point any one counsel, to conduct and manage on behalf of bSfofthe Her Majesty, the proceedings and trial of any criminal B.J ADMINISTRATION OF CRIMINAL JUSTICE. 117 prosecutions pending before the Court, it shall be lawful for crown; costs, the Court to direct any Queen's Counsel present therein, or, "^ in bis absence, to appoint from among the barristers attend- ing thereat, some one competent person to conduct and man- age such proceedings, and to tax and allow to him for his services such reasonable fees as he would have been entitled to for the like services as the attorney of any party in a civil action, together vrith such reasonable counsel fees not ex- ceeding for any one prosecution the sum of twenty dollars, as the Court shall deem adequate to the services performed on such prosecution. But the costs to be taxed shall in no case exceed thirty dollars for all writings and papers and for all counsel fees therein ; and on the allowance and taxatio'" the Court shall not allow for any but necessary services and expenses, and notice of the time and taxation shall be given to the Clerk of the Crown or his deputy. 66. Upon the production of a certificate under the seal ^ow pSl'^' of the Coiu-t of the amount so taxed and allowed, it shall be lawful for the Governor to grant his warrant therefor upon the Receiver Gene^ral, who shall pay the amount. 67. In all cases where the party prosecuted shall be con- 5*o'f awm^""'' victed and be found by the Court of ability to pay the ex- ^4"^ ^t/jg°^^" penses of prosecution, to be taken under this Chapter, the ^JP^^f^*'^"^ Court shall adjudge such defendant to pay the expenses of prosecution, and shall issue execution accordingly, and the amount shall be paid to the Receiver General. 75. A judge of the Supreme Court may sentence convicted ^e"e"menced*^ criminals, on any day of the sittings at Halifax as well as in ^J-^fif^^';"*' term time. 86. The Governor in Council may order a special sitting f^Sprem""^' of the Supreme Court in any of the counties of this Province «™f„^°^,i,„„. for the trial of prisoners charged with felonies. ers. 87. Such order shall appoint a particular day when the o^ertobe^ Court shall be held, and shall be published in the Royal theg^^et'e Gazette for at least three weeks before the day appointed for weeks pre- the opening of the Court. Immediately upon the order being '"°"'' *"• made, the Clerk of the Executive Council shall transmit copies thereof to the Chief Justice, and to the Prothonotary and to the Sheriff of the county wherein the special sitting of the Court is to be held. 88. Upon the receipt of the order by the Prothonotary, s°™;^»Sd ^ he shall issue venires for the grand and petit juries to meet "^o^essary at the time specified therein, and the Sheriff shall immediate- ly summon such juries, with constables and other officers whose attendance is required at such sitting, who shall be liable to the same penalties for non-attendance as when summoned to attend the ordinary terms or sittings of the Court. 118 ADMINISTRATION OF CRIMINAL JUSTICE. [APPENDIX ProSini"**^' ^^- -'^'^y J^%® °f t^6 Supreme Court may preside at such to have same special sitting, and all trials, judgments and proceedings at ordinary thereat, shall have the same force and effect as if such trials, ungs! ""^ ^ judgments and proceedings had taken place at one of the ordinary terms or sittings of the Court, may'adjourn*^^ ^^- '^^^ presiding jury may adjourn the sittings from day sittings. to day as occasion may require. Sfaf8"for^mi8- ^^" '^^ provisions of the last five sections may he demeanors. extended to the trials of criminals charged with misde- meanors. handwriUrig°of ^^- ^^ ^^J P^rson against whom a warrant may he issued justice who has by the Chief Justice of the Queen's Bench, or Supreme Court, issued a warrant •', ,..,. , ^ . , for felony Or Dy any other justice having competent authority, m any Sped^into"" of Her Majesty's provinces or governments in North America justicehere'^' " respectively, for any felony or other crime of a high nature, wan-ant "which ^scapes into or is found in any part of Nova Scotia, any shall be Buffl- justice of the peace of the county, city or place where such olent authonty ■' .-^. ni i e to arrest the person rcsides or is supposed to be, may, upon due prooi Efm Into the * being made of the handwriting of such chief or other justice wanMiT Issued? "*^^° issued the warrant, endorse his, the said justice's, name thereon ; and such warrant so endorsed shall be a suf- ficient authority to all persons to whom such warrant was originally directed, and also to all constables and policemen of the county, city or place where such warrant has been so endorsed, to execute the same by apprehending the person or persons against whom such warrant has been granted, and to convey him or them into the province or government from which such warrant was originally issued, to be dealt with according to law. direct impri- ^^- ^^ ^^^ cascs whcrc an offender is liable to imprison- sonmentin mcnt Under any statute of this Province, the judges of the penitentiary or-^ ^ '' _. ,, . i-i-o common jail, Supreme Court may direct the imprisonment to beintnerro- vincial Penitentiary, or in the common jail of the county, at their discretion ; but if the judge shall direct the imprison- ment to be in the common jail, such imprisonment shall not extend beyond the period of six months. All flpes &c., to 96. All fines and forfeitures levied and collected by the ty treasurer, judgment of the Supreme Court in any of the counties of this Province, shall be paid into the hands of the County Treasurer for such counties respectively. How applied. 97 The fines and forfeitures so paid to the County Treasurer shall be paid and applied by him towards the pay- ment of witnesses attending criminal trials, and also witnesses attending prosecutions for offences committed against the pro- visions of the first and second sections of Chapter one hundred and sixty-three of the Revised Statutes, Third Series, " Of Offences against the Administration of Justice," under the B.J ADMINISTRATION OF CRIMINAL JUSTICE. 119 same rules and regulations as provided by the act hereby amended. 98. ^ Witnesses for the prosecution attending before the '^^l^''^%lf^ grand jury, in criminal cases, and witnesses for the prosecution '''* attending on the trial of indictments, shall be entitled to fees, as prescribed by section sixty-three of this Chapter, notwith- standing that such attendance may not have been under sub- poena or recognizance ; provided that the Court or a judge ProviBo. shall be satisfied, by affidavit, that there was reasonable ground for instituting the proceedings, and that the attendance of the witnesses was material and necessary, and that they attended expressly to give such evidence, and for no other purpose. 99. When a person has been convicted of criminal treason, Judge may felony, or misdemeanor, before any court of oyer and terminer, uon oYiaw^'" or jail delivery, the judge before whom the case was tried may, in his discretion, reserve any questions of Jaw which arose on the trial, for the consideration of the Justices of the Supreme Court at Halifax, and thereupon may respite execution of the judgment on such conviction, or postpone the question until such question has been considered and decided ; and in either proceedings case the Court at which the trial took place shall, in its discretion, J^sl^vir'""" commit the person convicted to prison, or take a recognizance of bail, with one or two sufficient surety or sureties in such sums as the Court thinks fit, conditioned for his appearance at such time as the Court directs, to receive judgment, or to render himself in execution, as the case may be. 100. The iudge shall thereupon state, in a case to be Judge shaii T ■, T • 1 . . ri T ^^^^ "I"! sign signed by mm, the question or questions oi law so reserved, case, to be sent vi. ii. • 1 • i L- L ii to Halifax. With the special circumstances upon which the same arose ; and such case shall be transmitted by the judge to the Pro- thonotary of the Supreme Court at Halifax, on or before the first day of the term of such Supreme Court at Halifax, next after the time when such trial was had. 101. The Justices of the Supreme Court shall hear and Svipreme court , , * . snail near same finally determine the said questions, and reserve, affirm, or and make order amend any judgment given on the indictment or inquisition on the trial whereof such questions arose, or shall avoid such judgment, or order an entry to be made on the record that in the judgment of the said justices the party convicted ought not to have been convicted, or shall arrest the judgment ; or if no judgment has been given, shall order judgment to be given thereon at some future session of oyer and terminer, or jail delivery, or shall make such other order as justice may require. 102. The judgment and order of the said justices shall be ^"d^e^^rbVcel certified under the hand of the Chief Justice, or senior judge, JJf|;^gJ°^ ^^^ 120 ADMINISTEATION OF CKIMINAL JUSTICE. [APPENDIX Sheriff t« act in accordance therewith. Judgments— how delivered. of such Court, to the Clerk of the Crown of the county in which the trial took place, who shall enter the same on the original record in proper form ; and a certificate of such entry, under the hand of the Clerk of the Crown, in the form as near as may he, or to the effect mentioned in the schedule annexed to this Chapter with the necessary alterations to adapt it to the circumstances of the case, shall be delivered or trans- mitted by him to the Sheriff or jailer in whose custody the person convicted is ; and the said certificate shall be sufficient to warrant such Sheriff or jailer, and all other persons, for the exe- cution of the judgment as so certified to have been affirmed or amended, and execution shall thereupon be executed on such judgment ; or if the judgment has been reversed, avoided or arrested, the person convicted shall be discharged from further imprisonment, and the next court of oyer and terminer, or jail delivery, shall vacate the recognizance of bail, if any. 103. The judgments of the Justices of the said Supreme Courts shall be delivered in open court, after hearing counsel, or the parties, in case the prosecutor or person convicted thinks it fit that the case should be argued, in like manner as the judgments of the said Supreme Court are delivered. SCHEDULE. Whereas at the Supreme Court for the County of , held on , before the Honorable , one of the Justices of the said Court, A. B., late of ■ having been found guilty of felony and judgment thereon given, that [state the substance] the Court before whom he was tried reserved a certain question of law for the consideration of the justices of the Supreme Court at Halifax, and execution was there- upon respited in the meantime [as the case may be] : This is to certify that the Justices of the Supreme Court at Halifax, having met at Halifax in Term, it was considered by the said Justices there that the judgment aforesaid should be annulled, and an entry made on the record that the said _A. B. ought not, in the judgment of the said Justices, to have been convicted of the felony aforesaid; and you are hereby required forthwith to discharge the said A. B. from your custody. (Signed) E. F. Note.— The omitted eections of this Chapter repealed by Chapter 36, Canada, 1869. B.] INTEEEST. 121 II. Enactments not forming part of the Third Series of the Revised Statutes. OHAPTEE 82 OF THE EEVISED STATUTES, SECOND SERIES. OP INTEEEST. 2. Any person may, nevertheless, contract for the loan or contracts re- hire of grain or live stock, upon halves or otherwise, upon the o?1°T'e''ftlck''' lender taking upon himself all risk of such stock ; but if it excepted. shall appear that the same, or any part thereof, perished or was lost through the wilful neglect of the borrower, he shall make good to the lender the full value thereof. 4. Upon all debts or sums certain payable at a certain interest may be time, or otherwise, the jury, and the court where there is no tain cases for jury, on the trial of any issue or inquisition of damages, may, nfent."' ^''^' if they think fit, allow interest from the time when such debts, or sums certain, were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or if payable otherwise, then from the time when de- mand of payment shall have been made in writing, • such de- mand giving notice to the debtor that interest will be claimed from the date thereof. 5. The iury on the trial of any issue, or on any inquis- Damages in the „-•'•' ... 1 11 .1 • 1 j^i • 1 • nature of mter- ition of damages, may, if they shall thmk nt, give damages in est may be ai- the nature of interest above the value of the goods at the time aoUona." of the conversion or seizure, in all actions of trover or trespass de bonis asportatis, and above the money recoverable in all actions on policies of insurance. Note.— Sections 1, S, and 6 repealed by Chapter 71, Canada, 1873, a. 5. 122 OATH OF ALLEGIANCE. [appendix Penalty for har- boring seamea who have de- serted. Penalties for aiding deser- tion. Penalties— how collected. Portion of amended cap. repealed. Chapter 5 of tlie Acts of 1865. Entitled "An Act to amend Chastee 128 or the Eetised Statutes, ' Of the Jtjeisdiotion of Jtjstices of the Peace IN Civil Cases.' " 1. Whosoever shall harbor or conceal any seaman who shall have signed any former articles, knowing him to have deserted from or to belong to any other vessel, registered in this Pro- vince, on conviction before any two justices where the offence is committed, shall pay such sum as the said justices shall adjudge, not exceeding forty dollars ; one moiety to the Treasurer of the county where the offence is committed, for the use of the county, and the other moiety to the person prosecuting. 2. If any person shall aid or entice any seaman to desert from any such vessel, or provide him the means of deserting therefrom, or, with that object, aid him in the removal of his chest, bedding, apparel, or other property, from on board any such vessel, or convey him therefrom without the sanction of the master, the person so offending shall, upon conviction, be liable to the same penalties and forfeitures as contained in the last section. 3. Any penalty incurred under this Act may be collected by any person who shall sue for the same, in the same manner and before the same courts as if expressed by the Chapter here- by amended. 4. So much of the Chapter hereby amended as is inconsis- tent with this Act, is hereby repealed. Chapter 17 of the Acts of 1866. Entitled '' An Act to enforce the taking of the Oath of Alleoiance." Any person aboTe 16 years old, refusing to take oatli of al- legiance, guilty of misdemeanor, and liable to six months im- prisonment. 1. Whenever anyfperson above the ageof sixteen years shall refuse to take the oath of allegiance, when required by law to do so, in order to qualify himself for any office, the duties of which he is by law required to perform, he shall be guilty of a misdemeanor, and shall be liable to be imprisoned for any term not exceeding six months. Note.— The remainder of this Act repealed by Chapter 40, Canada, 1808, ». 99. B.] REFININC? OF SUGAK. 123 Chapter 14 of the Acts of 1867. EsTiTiiED " An Act helating to the Eefining of Stigae and THE MaNTJPACTUEE OF ToBACCO." 1. It shall be lawful for the proprietor or proprietors of feiaeAiuhZi. any sugar refinery in the Province, being the importer or under order of owner of sugar, molasses, or other material, from which re- council. fined sugar can be produced, to refine the said sugar in bond ; provided such refining be done under such regulations as the Governor in Council shall, from time to time, make and impose for that purpose. Note.— So much of this Chapter as related to the manufacturing of tobacco repealed by Chapter 8, Canada, 1867, s. 1. ERRATUM. In section 14 of Chapter 126, page 92, "forty-sixth sections" should be ' forty-fifth section." APPENDIX C. The Act of the Imperial ParHament, 'M)° and 'M° Victorias, Chapter 3, known as "The British North America Act," 1867. ^•] BRITISH NORTH AMERICA ACT. 127 30" AND 3r VICTORIiE. CHAPTER 3. An Act fob the Union of Canada, Nova Scotia, and New Beunswick, and the Goternment theeeof; and foe pur- poses CONNECTED THEEEWITH. [29th March,! 1867.] Whereas the Provinces of Canada, Nova Scotia, and New- Brunswick have expressed their desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in principle to that of the United Kingdom : And whereas such a Union would conduce to the we lfare of the Provinces and promote the interests of the British Em- pire : " And whereas on the establishment of the Union by author- ity of Parliament it is expedient, not only that the Constitution of the Legislative Authority in the Dominion be provided for, but also that the nature of the Executive Government therein be declared : And whereas it is expedient that provision be made for the eventual admission into the Union of other parts of British North America : Be it therefore enacted and declared by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows : 1 .—Preliminary. 1. This Act may be cited as The British North America short title. Act, 1867. 2. The provisions of this Act referring to Her Majesty the "^PPig^ion""^'" Queen extend also to the Heirs and Successors of Her Majesty, ferring to the Kings and Queens of the United Kingdom of Great Britain **"**''■ and Ireland. 128 BRITISH NOKTH AMERICA ACT. [APPENDIX II. — Union. Declaration of Union. Construction of subsequent provisions of Act. Four Provinces. Provinces of Ontario and Quebec. Provinces of Nova Scotia and New Brunswick, Decennial Census. [3.] * It shall be lawful for the Queen, by and with th« advice of Her Majesty's most Honorable Privy Council, to de- clare by Proclamation that, on and after a day therein ap- pointed, not being more than six months after the passing of this Act, the Provinces of Canada, Nova Scotia and New Brunswick, shall form and be One Dominion, under the name of Canada ; and on and after that day those three Pro- vinces shall form and be One Dominion under that name ac- cordingly. 4. The subsequent provisions of this Act shall, unless it is otherwise expressed or implied, commence and have effect on and after the Union, that is to say, on and after the day ap- pointed for the Union taking effect in the Queen's Proclama- tion ; and in the same provisions, unless it is otherwise ex- pressed or implied, the name Canada shall be taken to mean Canada as constituted under this Act. [5.] Canada shall be divided in^o four Provinces, named Ontario, Quebec, Nova Scotia and New Brunswick. [6.] The parts of the Province of Canada (as it exists at the passing of this Act) which formerly constituted respectively the Provinces of Upper Canada and Lower Canada, shall be deemed to be severed, and shall form two separate Provinces. The part which formerly constituted the Province of Upper Canada shall constitute the Province of Ontario ; and the part which formerly constituted the Province of Lower Canada shall constitute the Province of Quebec. 7. The Provinces of Nova Scotia and New Brunswick shall have the same limits as at the passing of this Act. 8. In the general census of the population of Canada which is hereby required to be taken in the year one thousand eight hundred and seventy-one, and in every tenth year there- after, the respective populations of the four Provinces shall be distinguished. III. — Executive Power. Declaration of 9. The Executive Government and authority of and over ia the Queen. ^ Canada is hereby declared to continue and be vested in the Queen. 10. The Provisions of this Act referring to the Governor General extend and apply to the Governor General for the time Application of provisions re- ferring to Go- vernor General * Wherever in this Act the figure denoting the number of any section or sub-section is placed between brackets, thus [3], it Is thereby indicated that the provisions of such section or eub-sectlon have been either completely and finally complied with) or altered or superseded. C] BRITISH NORTH AMERICA ACT. 129 being of Canada, or other the chief Executive Officer or Ad- ministrator for the time being carrying on the Government of Canada on behalf and in the name of the Queen, by whatever title he is designated. 11. There shall be a Council to aid and advise in the Gov- g°P«"*"*;°°i?< J. /-. -, , Privy Council ernment ot Canada, to be styled the Queen's Privy Council for for Canada. Canada ; and the persons who are to be members of that Council shall be from time to time chosen and summoried by the Governor General, and sworn in as Privy Councillors ; and members thereof may be from time to time removed by the Governor General. 12. All powers, authorities, and functions which, under au powers any Act of the Parliament of Great Britain, or of the Parlia- be exercised by ment of the United Kingdom of Great Britain and Ireland, or nerli with of the Legislature of Upper Canada, Lower Canada, Canada, council of'''^^ Nova Scotia or New Brunswick, are at the Union vested in *'°''^- or exerciseable by the respective Governors or Lieutenant Gov- ernors of these Provinces, with the advice or with the advice and consent of the respective Executive Councils thereof, or in conjunction with those Councils, or with any number of members thereof, or by those Governors or Lieutenant Gov- ernors individually, shall, as far as the same continue in ex- istence and capable of being exercised after the Union in rela- tion to the Government of Canada, be vested in and exerciseable by the Governor Generail, with the advice or with the advice and consent of or in conjunction with the Queen's Privy Council for Canada, or any members thereof, or by the Gov- ernor General individually, as the case requires, subject never- theless (except with respect to such as exist under Acts of Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland) to be aboUshed or altered by the Parliament for Canada. 13. The provisions of this Act referring to the Governor Appiicauon^of General in Council shall be construed as referring to the Gov- ferringto/jo- vjciicini iu. -^^^ T ■ 1 1 J • /• ii, ni ' vernor General ernor General acting by and with the advice oi tne uueen s ^ council. Privy Council for Canada. 14. It shall be lawful for the Queen, if Her Majesty thinks ^^^y/^Jyt^^H-. fit, to authorize the Governor General from time to time to thorite Go- appoint any person or any persons jointly or severally to be neraito appoint his Deputy or Deputies within any part or parts of Canada, and ^p«*'^'- in that capacity to exercise during the pleasure of the Governor General such of the powers, authorities, and functions of the Governor General as the Governor General deems it necessary or expedient to assign to him or them, subject to any limit- ations or directions expressed or given by the Queen ; but^the appointment of such a Deputy or Deputies -shall not affect the 9 130 BRITISH NORTH AMERICA ACT. [APPENDIX Command of armed forces to contiDue to be vested ia the Queen. Seat of Go- vernment of Canada, exercise by the Governor General himself of any power, authority, or fanction. 15. The command in chief of the Land and Naval Militia, and of all Naval and Military Forces, of and in Canada, is hereby declared to continue and be vested in the Queen. 16. Until the Queen otherwise directs the seat of Govern- ment of Canada shall be Ottawa. IV. — Legislative Power. Constitution of Parliament of Canada. Privileges, &c, of Houses. First session of the Parliament of Canada, Yearly session of the Par- liament of Canada. 17. There shall be one Parliament for Canada, consisting of the Queen, an Upper House styled the Senate, and the House of Commons. 18. The privileges, immunities, and powers to be held, enjoyed, and exercised by the Senate and by the House of Commons and by the members thereof respectively, shall be such as are from time to time defined by Act of the Parliament of Canada, but so that the same shall never exceed those at the passing of this Act held, enjoyed, and exercised by the Com- mons House of Parliament of the United Kingdom of Great Britain and Ireland and by the members thereof [19.] The Parliament of Canada shall be called not later than six months after the Union. 20. There shall be a session of the Parliament of Canada once at least in every year, so that twelve months shall not intervene between the last sitting of the Parliament in one session and its first sitting in the next session. together The Senate. Number of Senators. Representation of Provinces in Senate, 21. The Senate shall, subject to the provisions of this Act, consist of seventy-two members, who shall be styled Senators. 22. In relation to the constitution of the Senate, Canada shall be deemed to consist of three divisions — 1. Ontario ; 2. Quebec ; 3. The Maritime Provinces, Nova Scotia and New Bruns- wick ; which three divisions shall (subject to the pro\'isions of this Act) be equally represented in the Senate as follows : — Ontario by twenty-four Senators ; Quebec by twenty-four Senators ; and the Maritime Provinces by twenty-four Senators, twelve thereof representing Nova Scotia, and twelve thereof representing New Brunswick. In the case of Quebec each of the twenty-four Senators re- presenting that Province shall be appointed for one of the C-] BRITISH NORTH AMERICA ACT. 131 twenty -four Electoral Divisions of Lower Canada specified in Schedule A to Chapter One of the Consolidated Statutes of Canada . 23. The qualifications of a Senator shall be as fol- Quaiifieatioua lows : of Senator. 1. He shall be of the full age of thirty years : 3. He shall be either a natural born subject of the Queen, or a subject of the Queen naturalized by an Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of one of the Provinces of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, before the Union, or of the Parliament of Canada after the Union : 3. He shall be legally or equitably seised as of freehold for his own use and benefit of lands or tenements held in free and common socage, or seised or possessed for his own use and benefit of lands or tenements held in franc-alleu or in roture, within the Province for which he is appointed, of the value of four thousand dollars, over and above all rents, dues, debts, charges, mortgages and en- cumbrances due or payable out of or charged on or affecting the same : 4. His real and personal property shall be together worth four thousand dollars over and above his debts and liabilities : 5. He shall be resident in the Province for which he is appointed : ^, 6. In the case of Quebec he shall have his real property qualification in the Electoral Division for which he is appointed, or shall be resident in that Divia-on : 24. The Governor General shall, from time to time, in the |^^^°"s °f Queen's name, by instrument under the Great Seal of Canada, summon qualified persons to the Senate ; and subject to the provisions of this Act, every person so summoned shall be- come and be a member of the Senate and a Senator. 125-1 Such persons shall be first summoned to the Senate as Summons of the Queen by warrant under Her Majesty's Royal Sign Manual senators. thinks fit to approve, and their names shall be inserted in the Queen's Proclamation of Union. 26 If at any time on the recommendation of the Governor Addition of General the Queen thinks fit to direct that three or six mem- S^cas'e*. bers be added to the Senate, the povernor General may by summons to three or six qualified persons (as the case may be) 132 BRITISH NORTH AMERICA ACT. [APPENDIX Reduction of Senate to nor- mal number. Maximum number of SenatoFB. Tenure of place in Senate. Resignation of place in t:^enate. DiscLualification of Senators. Summons on vacancy in Senate, QueBtions as to qualiUcations and vacancies in Senate. Appointment of Spealter of l^enate. representing equally the three divisions of Canada, add to the Senate accordingly. 27. In case of such addition being at any time made, the Governor General shall not summon any person to the Senate, except on a further like direction by the Queen on the like recommendation, until each of the three Divis- sions of Canada is represented by twenty-four Senators and no more. 28. The number of Senators shall not at any time exceed seventy-eight. 29. A Senator shall, subject to the provisions of this Act, hold his place in the Senate for life. 30. A senator may by writing under his hand addressed to the Governor General resign his place in the Senate, and there- upon the same shall be vacant. 31. The place of a Senator shall become vacant in any of the following cases : 1. If for two consecutive sessions of the Parliament he fails to give his attendance in the Senate : 2. If he takes an oath or makes a declaration or acknow- ledgment of allegiance, obedience, or adherence to a foreign power, or does an act whereby he bet' comes a subject or citizen, or entitled to the rights or privileges of a subject or citizen, of foreign power. 3. If he is adjudged bankrupt or insolvent, or applies foi-^ the benefit of any law relating to insolvent debtors, or becomes a public defaulter : 4. If he is attainted of treason or convicted of felony or of any infamous crime : 5. If he ceases to be qualified in respect of property or of residence ; provided that a Senator shall not be deemed to have ceased to be qualified in respect of residence by reason only of his residing at the seat of the Government of Canada while holding an office under that Government requiring his presence there. 32. When a vacancy happens in the Senate by resignation, death, or otherwise, the Governor General shall by summons to a fit and qualified person fill the vacancy. 33. If any question arises respecting the qualification of a Senator or a vacancy in the Senate, the same shall be heard and determined by the Senate. 34. The Governor General may from time to time, by instrument under the Great Seal of Canada, appoint a Senator to be a Speaker of the Senate, and may remove him and appoint another in his stead. C-] BRITISH NORTH AMERICA ACT. 133 35. Until the Pai-liament of Canada otherwise provides, the ^^°^ °^ presence of at least fifteen Senators, including the Speaker, shall be necessary to constitute a meeting of the Senate for the exer- cise of its powers. 36.^ Questions arising in the Senate shall be decided by a Voting m majority of voices, and the Speaker shall in all cases have a ^™'"^" vote ; and when the voices are equal the decision shall be deemed to be in the negative. The House of Oommons. [37.1 The House of Commons shall, subiect to the pro- constitution of "• Tii-'A.. •,(■ 1 1T-1.1 House of Com- visions 01 tnis Act, consist oi one hundred and eighty-one mem- mone in Canada. bers, of whom eighty-two shall be* elected for Ontario, sixty- five for Quebec, nineteen for Nova Scotia, and fifteen for New Brunswick. 38. The Governor General shall from time to time, in the Summoning of Queen's name by instrument under the Great Seal of Canada, Commons, summon and call together the House of Commons. 39. A Senator shall not be capable of being elected, or f™i*''Hou°e*o*'f of sitting or voting as a member of the House of Com- Commons. mons. [40.] Until the ParUament of Canada otherwise pro- f,'i^^°o7t^^e" vides, Ontario, Quebec, Nova Scotia and New Brunswick shall, four Provinces. for the purposes of the election of members to serve in the House of Commons, be divided into electoral districts as fol- lows : [l.]—ONTABIO. Ontario shall be divided into the counties, ridings of coun- ties, cities, parts of cities, and towns enumerated in the First Schedule to this Act, each whereof shall be an electoral district, each such district as numbered in that Schedule being entitled to return one member. [2.]—QUUBI!a Quebec shall be divided into sixty-five electoral districts, composed of the sixty-five electoral divisions into which Lower Canada is at the passing of this Act divided under Chapter Two of the Consolidated Statutes of Canada, Chapter Seventy- five of the Consolidated Statutes for Lower Canada, and the Act of the Province of Canada of the twenty- third year of the Queen, Chapter One, or any other Act amending the same in force at the Union, so that each such electoral division shall be_ for the purposes of this Act an electoral district entitled to re- turn one member. 134 Oontinuauue of existing elec- tion laws until I'arliament of Canada other- wise provides. Writs for firef election. BRITISH NORTH AMERICA ACT. [APPENDIX [3.]--yOVA SCOTIA. Each of the eighteen counties of Nova Scotia shall be an electoral district. The County of Halifax shall be entitled to return two members, and each of the other counties one member. [4:.]—yUW BRUNSWICK. Each of the fourteen counties into which New Brunswick is divided, including the City and County of St. John, shall be an electoral district. The City of St John shall also be a separate electoral district. Each of those fifteen electoral districts shall be entitled to return one mem- ber. [41.] Until the Parliament of Canada otherwise provides, all laws in force in the several Provinces at the Union relative to the following matters or any of them, namely, — the qualifi- cations and disqualifications of persons to be elected or to sit or vote as members of the House of Assembly or Legislative Assembly in the several Provinces, the voters at elections of such members, the oaths to be taken by voters, the returning oificers, their powers and duties, the proceedings at elections, the periods during which elections may be continued, the trial of controverted elections, and proceedings incident there- to, the vacating of seats of members, and the execution of new writs in case of seats vacated otherwise than by dissolution, — shall respectively apply to elections of members to serve in the House of Commons for the same several Provinces. Provided that, until the Parliament of Canada otherwise provides, at any election for a member of the House of Com- mons for the District of Algoma, in addition to persons quali- fied by the law of the Province of Canada to vote, every male British subject, aged twenty-one years or upwards being a house- holder, shall have a vote. [42.] For the first election of members to serve in the House of Commons, the Governor General shall cause writs to be issued by such person, in such form, and addressed to such returning officers as he thinks fit. The person issuing writs under this section shall have the like powers as are possessed at the Union by the officers charged with the issuing of writs for the election of members to serve in the respective House of Assembly or Legislative Assembly of the Province of Canada, Nova Scotia, or New Bruns- wick ; and the returning officers to whom writs are pos- sessed under this section shall have the like powers as are possessed at the Union by the officers charged with the ^•J BKITISH NORTH AMERICA ACT. 135 returning of writs for the election of members to serve in the same respective House of Assembly or Legislative As- sembly. [43.] In case a vacancy in the representation in the House ^« to casual of Commons of any electoral district happens before the meet- ''^'""""''' mg of the Parliament, or after the meeting of the Parliament before provision is made by the Parhament in this behalf, the provisions of the last foregoing section of this Act shall extend and apply to the issuing and returning of a writ in respect of such vacant district. 44. The House of Commons on its first assembling after a ^e to election general election shall proceed with all practicable speed to elect House?/" °^ one of its members to be Speaker. • commons. 45. In case of a vacancy happening in the office of Speaker As to fining up by death, resignation, or otherwise, the House of Commons ™spe?kS.°'°''' shall with all practicable speed proceed to elect another of its members to be Speaker. 46. The Speaker shall preside at all meetings of the House Speaker to of Commons. p'^"*"- 47. Until the Parliament of Canada otherwise provides, in Provision in case of the absence for any reason of the Speaker from the S speaker. chair of the House of Commons for a period of forty-eight con- secutive hours, the House may elect another of its members to act as Speaker, and the member so elected shall, during th^ continuance of such absence of the Speaker have and execute all the powers, privileges and duties of Speaker. 48. The presence of at least twenty members of the House Quorum of of Commons shall be necessary to constitute a meeting of the Commons, House for the exercise of its powers ; and for that purpose the Speaker shall be reckoned as a member, 49. Questions arising in the House of Commons shall be Hous(fof decided by a majority of voices other than that of the Speaker; Commons. and when the voices are equal, but not otherwise, the Speaker shall have a vote. ' 50. Every House of Commons shall continue for five years Duration of House of from the day of the return of the writs for choosing the House Commons. ' (subject to be sooner dissolved by the Governor General), and no longer. 51. On the completion of the census in the year one fd^°™2i™"o'f thousand eight hundred and seventy-one, and of each subse- representation, quent decennial census, the representation of the four Pro- vinces shall be readjusted by such authority, in such manner, and from such time, as the Parliament of Canada from time to time provides, subject and according to the following rules : — ♦ 1. Quebec shall have the fixed number of sixty-five mem- bers : 136 BRITISH NORTH AMERICA ACT. [APPENDIX Increase of DTimber of House of Com- mons. 2. There shall be assigned to each of the other Provinces such a number of members as will bear the same proportion to the number of its population (ascer- tained at such census) as the number sixty-five bears to the number of the population of Quebec (so ascertained) : 3. In the computation of the number of members for a Province a fractional part not exceeding one half of the whole number requisite for entitling the Province to a member shall be disregarded ; but a fractional part exceeding one half of that number shall be equivalent to the whole * number : 4. On any such re-adjustraent the number of members for a Province shall not be reduced unless the proportion which the number of the population of the Province bore to the number of the aggre- gate population of Canada at the then last preced- ing re-adjustment of the number of members for the Province is ascertained at the then latest census to be diminished by one twentieth part or upwards : 5. Such readjustment shall not take effect until the termi- * nation of the then existing Parliament. 52. The number of members of the House of Commons may bo from time to time increased by the Parliament of Canada J provided the proportionate representation of the' Pro- vinces prescribed by this Act is not thereby disturbed. Money Votes ; Royal Assent. Appropriation and tax bills. Recommenda- tion of money votes. Royal assent to bills, &c. 53. Bills for appropriating any part of the public revenue, or for imposing any tax or impost, shall originate in the House of Commons. , 54. It shall not be lawful for the House of Commons tp adopt or pass any vote, resolution, address, or bill for the appropriation of any part of the public revenue, or of any tax or impost, to any purpose that has not been first recommended to that House by message of the Governor General in the session in which such vote, resolution, address, or bill is proposed. 55. Where a bill passed by the Houses of the Parliament is presented to the Governor General for the Queen's assent, he shall declare, according to his discretion, but subject to the provisions of this Act and to Her Majesty's instructions, either that he assents thereto in the Queen's name, or that he '•] BRITISH NORTH AMERICA ACT. 137 vithholds the Queen's assent, or that he reserves the bill for he signification of the Queen's pleasure. 56. Where the Governor General assents to a bill in the ^ '^oJa^^™" iueen's name, he shall by the first convenient opportunity Council of act lend an authentic copy of the Act to one of Her Majesty's Gorer'nor*" '''' Principal Secretaries of State, and if the Queen in Council *^™"'"- vithin two years after receipt thereof by the Secretary of State hinks fit to disallow the Act, such disallowance (with a certifi- !ate of the Secretary of State of the day on which the Act was received by him) being signified by the Governor General, by Speech or Message to each of the Houses of the Parliament or jy Proclamation, shall annul the Act from and after the day )f such signification. 57. A bill reserved for the signification of the Queen's signification of jleasure shall not have any force unless and until within two pleasure on rears from the day on which it was presented to the Governor jreneral for the Queen's assent, the Governor General signifies, )y Speech or Message to each of the Houses of the Parliament )r by Proclamation, that it has received the assent of the Queen n Council. An entry of every such Speech, Message or Proclamation ihall be made in the Journal of each House, and a duplicate hereof duly attested shall be delivered to the proper ofiicer to 36 kept among the records of Canada. V. — ^Provincial Constitutions, Executive Power. 58. For each Province there shall be an officer, styled the ^SeSlT" "^ Lieutenant Governor, appointed by the Governor General in ^°J^™»J« »' IJouncil by instrument under the Great Seal of Canada. 59. A Lieutenant Governor shall hold office during the ^/^|^j°^°„^'='' Jeasure of the Governor General; but any Lieutenant Gov- GoTernor. smor appointed after the commencement of the first session of he Parliament of Canada shall not be removeable within five 'ears from his appointment, except for cause assigned, which hall be communicated to him in writing within one month f^er the order for his removal is made, and shall be communi- ated by Message to the Senate and to the House of Commons rithin one week thereafter if the ParHamentis then sitting; and F not, then within one week after the commencement of the lext session of the Parliament. 60. The salaries of the Lieutenant Governors shall be fixed e?iarieB rf^ nd provided by the Parliament of Canada. _ Governors. 61. Every Lieutenant Governor shall, before assuming the Oath6,&c., 138 BRITISH NORTH AMERICA ACT. [APPENDIX of Lieutenant Grovernor. Application of provisions re- ferring to Lieu- tenant Go- Appointment of executive officers for Ontario and Quebec. Executive Go- vernment of Nova Scotia and New Bruns- w-ick. Powers to be exercised by Lieutenant Governor of Ontario or Quebec with advice or alone. Application of provisions re- ferring to Lieu- duties of his office, make and subscribe before the Governor General or some person authorized by him, oaths of al- legiance and office similar to those taken by the Governor General. 62. The provisions of this Act referring to the Lieutenant Governor extend and apply to the Lieutenant Governor for the time being of each Province or other the chief execu- tive officer or administrator for the time bein^ carrying on the Government of the Province, by whatever title he is de- signated. 03. The Executive Council of Ontario and of Quebec shall be composed ot such persons as the Lieutenant Governor from time to time thinks fit, and in the first instance of the follow- ing officers, namely, — the Attorney General, the Secretary and Registrar of the Province, the Treasurer of the Province, the Commissioner of Crown Lands, and the Commissioner of Agriculture and Public Works, with, in Quebec, the Speaker of the Lesfislative Council and the Solicitor General. o [64.] The constitution of the executi-ve authority in each of the Provinces of Nova Scotia and New Brunswick shall, subject to the provisions of this Act, continue as it ex- ists at the Union until altered under the authority of this Act. 65. All powers, authorities and functions which, under any Act of the Parliament of Great Britain, or of the Parlia- ment of the United Kingdom of Great Britain and Ireland, or of the Legislature of Upper Canada, Lower Canada, or Canada, were or are before or at the Union vested in or exerciseable by the respective Governors or Lieutenant Governors of those Provinces, with the advice, or with the advice and consent, of the respective Executive Councils thereof, or in conjunction with those Councils, or with any number of members thereof^ or by those Governors or Lieutenant Governors individually, shall, as far as the same are capable of being exercised after the Union in election to the Government of Ontario and Que- bec respectively, be vested in and shall or may be exercised by the Lieutenant Governor of Ontario and Quebec respect- ively, with the advice or with the advice and consent oi or in conjunction with the respective Executive Councils, or any members thereof, or by the Lieutenant Governor individually, as the case requires, subject nevertheless (except with respect to such as exist under Acts of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland,) to be abolished or altered by the respective Legislatures of Ontario and Quebec. 66. The provisions of this Act referring to the Lieutenant Governor in Council shall be construed as referring to the Lieu- 1 Govern- ^■'^ BEITISH NORTH AMERICA ACT. 139 tenant Governor of the Province acting by and with the advice In^cSMdr'""" of the Executive Council thereof. m , u c . 67. The Governor General in Council may from time to Administration time appoint an administrator to execute the office and func- SueuTe^cInf ■* tions of Lieutenant Governor during his absence, illness, or «°^^'^°°'- sther inability. 68. Unless and until the Executive Government of any Seats of Pro- Province otherwise directs with respect to that Province, the mente!'*"'" Seats of Government of the Provinces shall be as follows, Qamely,— of Ontario, the City of Toronto ; of Quebec, the City of Quebec ; of Nova Scotia, the City of Halifax ; and of New Brunswick, the City of Fredericton. Legislative Power. 1.— ONTARIO. 69.^ There shall be a Legislature for Ontario, consisting of'^^f^'^.l^f ^ '"" :he Lieutenant Governor and of one house, styled the Legis- ative Assembly of Ontario. [70.] The Legislative Assembly of Ontario shall be com- Electoral 50sed of eighty-two members, to be elected to represent the 'ighty-two electoral districts set forth in the first Schedule to his Act. 2.— QUEBEC. 71. There shall be a Legislature for Quebec consisting of Quftec!""' '^°'' he Lieutenant Governor and of two houses, styled the Legis- ative Council of Quebec and the Legislative Assembly of iuebec. 72. The Legislative Council of Quebec shall be composed g^fe'JS" "^ if twenty-four members, to be appointed by the Lieutenant Council. Governor in the Queen's name, by instrument under the Great ieal of Quebec, one being appointed to represent each of the wenty-four electoral divisions of Lower Canada in this Act eferred to, and each holding office for the term of his life, :nless the Legislature of Quebec otherwise provides under the rovisions of this Act. 73. The qualifications of the Legislative Councillors of Qnaiiflcation of iuebec shall be the same as those of the Senators for counoniora. luebec. 74. The place of a Legislative Councillor of Quebec shall Resignation, ecome vacant in the cases, Tnutatis mutandis, in which the &c. "'' '° ' lace of Senator becomes vacant. 75. When a vacancy happens in the Legislative Council of Vacancies. 140 BRITISH NORTH AMERICA ACT. [APPENDIX Questions as to vacancies, &c. Speaker of Legisiative Council. Quorum of Legislative Council. Voting in Legif lative Council. Constitution of Legislative Assembly of Quebec. Quebec by resignation, death, or otherwise, the Lieutenant Governor in the Queen's name, by instrument under the Great Seal of Quebec, shall appoint a fit and qualified person to fill the vacancy. 76. If any question arises respecting the qualification of a Legislative Councillor of Quebec, or a vacancy in the Legis- lative Council of Quebec, the same shall be heard and deter- mined by the Legislative Council. 77. The Lieutenant Governor may from time to time, by instrument under the Great Seal of Quebec, appoint a member of the Legislative Council of Quebec to be Speaker thereof, and may remove him and appoint another in his stead. 78. Until the Legislature of Quebec otherwise provides, the presence of at least ten members of the Legislative Council, including the Speaker, shall be necessary to constitute a meet- ing for the exercise of its powers. 7 9. Questions arising in the Legislative Council of Quebec •shall be decided by a majority of voices, and the Speaker shall, in all cases, have a vote, and when the voices are equal the decision shall l)e deemed to be in the negative. 80. The Legislative Assembly of Quebec shall be com- posed of sixty-five members, to be elected to represent the sixty-five electoral divisions or districts of Lower Canada in this Act referred to, subject to alteration thereof by the Legislature of Quebec ; provided that it shall not be lawful to present to the Lieutenant Governor of Quebec for assent any bill for altering the limits of any of the electoral divisions or districts mentioned in the second Schedule to this Act, unles s the second and third readings of such bill have been passed in the Legislative Assembly with the concurrence of the majority of the members representing all those electoral divisions or districts, and the assent shall not be given to such bill un- less an address has been presented by the Legislative Assembly to the Lieutenant Governor stating that it has been so passed. ^.—ONTARIO AND QUEBEC. First session of Legislatures. Summoning of Legislative Assemblies. Kestriotion on [81.] The Legislatures of Ontario and Quebec respectively shall be called together not later than six months after the Union. 82. The Lieutenant Governor of Ontario and of Quebec shall from time to time, in the Queen's name, by instrument under the Great Seal of the Province, summon and call to- gether the Legislative Assembly of the Province. 83. Until the Legislature of Ontario or of Quebec otherwise C.J BRITISH NOETH AMEKICA ACT. 141 provides, a person accepting or holding in Ontario or in Que- election of bee any office, commission, or employment permanent or offloes?" temporary, at the nomination of the Lieutenant Governor, to which an annual salary, or any fee, allowance, emolument, or profit of any kind or amount whatever from the Province is attached, shall not be eligible as a member of the Legislative Assembly of the respective Province, nor shall he sit or vote as such ; but nothing in this section shall make ineligible any person being a member of the Executive Council of the re- spective Province, or holding any of the foUowiag offices, that is to say, the offices of Attorney General, Secretary and Registrar of the Province, Treasurer of the Province, ? om- missioner of Crown Lands, and Commissioner of Agriculture and Public Works, and in Quebec Solicitor General, or shall disqualify him to sit or vote in the House for which he is elected, provided he is elected while«holding such office. [84.1 Until the Legislatures of Ontario and Quebec respec- Continuance of tively otherwise provide, all laws which at the Union are in laws. force in those provinces respectively, relative to the following matters, or any of them, namely, — the qualifications and dis- qualifications of persons to be elected or to sit or vote as mem- bers of the Assembly of Canada, the qualifications or disqualifi- cations of voters, the oaths to be taken by voters, the returning officers, their powers and duties, the proceedings at elections, the periods during which such elections may be continued, and the trial of controverted elections and the proceedings inci- dent thereto, the vacating of the seats of members and the issuing and execution of new writs in case of seats vacated otherwise than by dissolution, shall respectively apply to elec- tions of members to serve in the respective Legislative Assem- blies of Ontario and Quebec. Provided that until the Legislature of Ontario otherwise provides, at any election for a member of the Legislative As- sembly of Ontario for the District of Algoma, in addition to persons qualified by the law of the Province of Canada to vote, every male British subject aged twenty-one years or upwards, being a householder, shall have a vote. 85. Every Legislative Assembly of Ontario and every Duration of Legislative Assembly of Quebec shall continue for four years AsfemS. from the day of the return of the writs for choosing the same (subject nevertheless to either the Legislative Assembly of i Ontario or the Legislative Assembly of Quebec heing sooner dissolved by the Lieutenant Governor of the Province,) and no longer. _ „ , _ . , . ^ Sfi TVipre shall be a session oi the Legislature ot Ontario Yearly session OU. j-iiciv^ u" Lower Canada. Montreal. I Kamouraska. J Law Society, Upper Canada. Montreal Turnpike Trust. University Permanent Fund. f Boyal Institution. ConsoKdated Municipal Loan Fund, Upper Canada. Consolidated Municipal Loan Fund, Lower Canada. Agricultural Society, Upper Canada. Lower Canada Legislative Grant. Quebec Fire Loan. Temiscouata Advance Account. Quebec Turnpike Trust. Education — ^East. Building and Jury Fund, Lower Canada. Municipalities Fund. Lower Canada Superior Education Income Fund. 158 BRITISH NORTH AMERICA ACT. [APPENDIX TH^ I'FTH SCaEOULE. Oath of Allegiance. I, A. B.5 do swear that I will be faitliful and bear true Al- legiance to Her Majesty Queen Victoria. Note.— The name of the King or Queeo of the Uoited Kingdom of Great Britain aud Ireland for the time being is to be substituted from time to time, with proper terms of reference thereto. Declaration of Qualification. I, A. B.J do declare and tesuify that I am by law duly qualified to be appointed a member of the Senate of Canada [or as the case may be], and that I am legally or equitably seised as of freehold for my own use and benefit of lands or tenements held in free and common socage \_or seised or pos- sessed for my own use and benefit of lands or tenements held in franc-alleu or in loture (as the case may be),] in the Pro- vince of Nova Scotia [or as the case may be], of the value of four thousand dollars over and above all rents, dues, debts, mortgages, charges, and encumbrances due or payable out of or charged on or aflTecting the same, and that I have not col- lusively or colourably obtained a title to or become possessed of the said lands and tenements or any part thereof for the purpose of enabling me to, become a member of the Senate of Canada [or as the case m,ay be], and that my real and personal property are together worth Four thousand dollars over and above my debis and liabilities. Note.— Certain provisions of the British North America Aift which affect Nova Scotia have heen altered by the following, amongst other, Acts of the Parliament of Canada:— Chapter 25, 1S68, enlilled, " An Act further securing the Independence of Parliament," Chapter 2, 1869,— An Act respecting Nova Scotia. Chapter 19, 1871,— An Act to amend the Act further securing the Independence of Par- liament. Chapter 20, 1871, — The Interim ParliaTnentary Elections Act, 1871. Chapter 13, 1872,— An Act to re-ailjust the Representation in the House of Commons. Chapter 14, 187:', -An Act to amend the Interim Parliamentary Elections Act, 187li Chapter 15. 1872,— An Act to compel Memhers of the Local Legislature in, any Province where dual representation is not allowed, to resign their Seats hefore becoming Candidatea fur Seats in the Dominion Parliament, Chapter 2, 1873,— An Act to render members of the Legislative Councils and Legislative Assemblies of the Provinces now included, or which may hereafter be included within the Dominion of Canada, ineligible for sitting or voting in the House of Commons of Canada. Chapter 27, 1873, — An Act to make Temporary Provision for the Election of Members to serve in the House of Commons. Chapter 28, 1873, -An Act to make better provision respecting Election Petitions, and matters relating to Controverted Elections of Members of the House of Coaimons. Chapter 30, 1873, — An Act to re-adjust the amounts payable to and chargeable against the several Provinces of Canada by the Dominion Government, so far as they depend on the debt with which they respectively entered the Union, APPENDIX D. Table of Chapters of the Revised Stalutes, Third Series, now wholly inoperative. O-J INOPERATIVE CHAPTEKS. 161 CHAPTERS OF THE THIRD SERES OF THE REVISED STATUTES NO LON&ER 1 OPERATION. CHAPTER 8. PAET I. or OirSTOMS DTTTIES. See Chapter 7, Canada, 1867, and amendments. ' PAET II. OF A CEETAIN TEEATX BETTVEEN HEE MAJESTY AND THE tranCTED STATES 01' AlE^EICA. Expired. CHAPTER 9. OF EXCISE DUTIES. Repealed by Chapter 8, Canada, 1867, s. 11. CHAPTER 10. OE TKE BOAED OE EETESTUE. See Chapter 5, Canada, 1867, and Chapter 4, Canada, 1869. CHAPTER 11. OF THE APPOINTMENT AND DUTIES OF OFPICBES OF THE CUSTOMS. See Chapter 5, Canada, 1867, and Chapter43, Canada, 1868. CHAPTER 12. OF THE LAWS OF THE CUSTOMS. Eepealed by Chapter 6, Canada, 1867, s. 138. 11 162 lUOPEBATIVB CHAPTEES. [APPENOJIX OHAPTEE 13. OP THE IMPOETATION OF GOODS. Repealed by Chapter 6, Canada, 1867, s. 138. OHAPTEE 14. OF THE WAEEHOTJSINO OE GOODS. Repealed by Chapter 6, Canada, 1867, s. 138. OHAPTEE 15. or IHE BXPOETATIOIf OE GOODS AND OP DEAWBAOKS. Repealed by Chapter 6, Canada, 1867, s. 138. OHAPTEE 16. OP THE PEET^TIOlif OP SMTJGGlIIfG. Repealed by Chapter 6, Canada, 1867, s. 138. OHAPTEE 17. OE DISTILLEEIE8. See Chapter 8, Canada, 1867. OHAPTEE 18. OP LIGHT-HOirSE DUTIES. Expired. See Chapter 57, Canada, 1868, &c. OHAPTEE 20. 0F THE POST OFFICE. Repealed. See Chapter 10, Canada, 1867, and amendm«»its. ^•] INOPJERATIVE CHAPTERS. 163 CHAPTER 29. OF THE MILITIA. Repealed by Chapter 16 of the Acts of 1865 ; which Act was in turn repealed by Chapter 40, Canada, 1868, afterwards amended. OHAPTEE 30. OP buletting the tboops ai^d militia. See Chapter 40, Canada, 1868. CHAPTER 81. OP PUBLIC POETIFICATIONS. See Chapter 12, Canada, 1867, s. 49, sqq. CHAPTER 35. OP THE CENSUS AOT) STATISTICAL INPOEMATION. See Chapter 21, Canada, 1870, and amendments. CHAPTER 52. OF QUAEANTINE. Repealed by Chapter 63, Canada, 1868, s. 15. CHAPTER 57. OP INDIANS. Repealed by Chapter 42, Canada, 1868, s. 31. CHAPTER 76. OP MARINE COURTS OP INQUIRY. Repealed by Chapter 38, Canada, 1869, s. IS. 164 INOPERATIVE CHAPTEES. [APPENDIX CHAPTER 77. or STEAM NAVIGATION. Eepealed by Chapter 65, Canada, 1868, s. 50. OHAPTEE 78. OE WEBCKS AND WBECKED GOODS. Repealed by Chapter 55, Canada, 1873, s. 37. CHAPTER 86. OF WEIGHTS AND MEAStTHES. Repealed by Chapter 47, Canada, 1873. CHAPTER 156. OF TREASON. Repealed by Chapter 36, Canada, 1869. See, also. Chapter 69, Canada, 1868, and amendments. CHAPTER 157. OE OEEENCES ESLATING TO THE AEMX AND NATT. Repealed by Chapter 36, Canada, 18G9. See, also. Chapter 25, Canada, 1869. CHAPTER 163. OE OFEENCES AGAINST THE ADMINISTEAI'ION OF JUSTICE. Repealed by Chapter 36, Canada, 1869. See, also. Chapter 23, Canada, 1869, and amendments. CHAPTER 164. OF OFFENCES AGAINST THE PERSON. Repealed by Chapter 36, Canada, 1869. See, also, Chapter 20, Canada, 1869. "•J INOPERATIVE CHAPTERS. 165 CHAPTER 166. OF OFFENCES AGADTST THE HABITATION. E«pealed by Chapter 36, Canada, 1869. See, also. Chapter 22, Canada, 1869. CHAPTER 167. OF FBATJBtJLENT APPfiOPBIATIONS. Repealed by Chapter 36, Canada, 1869. See, also. Chapter 21, Canada, 1869, and amendments. CHAPTER 168. OF POEGEET, AND OFFENCES EELATING TO THE COIN. Repealed by Chapter 36, Canada, 1869. See, also. Chapters 18 and 19, Canada, 1869. CHAPTER 169. OP MALICIOUS INJUEIES TO PEOPEETY. Repealed by Chapter 36, Canada, 1869. See, also. Chapter 22, Canada, 1869. CHAPTER 170. OF THE DEFINITION OP TEEMS IN THIS TITLE. Repealed by Chapter 36, Canada, 1869. CHAPTER 172. OF THE DUTIES OF JUSTICES OF THE PEACE IN CEIMINAL MATTEES. Repealed by Chapter 36, Canada, 1869. See, also. Chapters 30, 31, 32, and 33, Canada, 1869, and amendments. INDEX TO APPENDIXES. INDEX TO ACTS, ETC., OF APPENDIXES. 169 INDEX TO ACTS, CHAPTERS, &o., OF APPENDIXES. . . PAGE. A, Appendix.: i Act, British North America .„"..". 1 27 to amend chapter 28, 1 863 24 Union 127 Administration of criminal justice in Supreme Court 115 Agents and factors 63 Aliens, privileges and naturalization of 50 Allegiance, oath of enforced 1 22 America, British Korth Act 127 Appendix, A 1 B "..■.■.:; 43 C 125 D 159 Assaults, petty offences, &c 100 Assembly, election of members of 3, 24 independence of 22 B, Appendix 43 Ballot, vote by at elections 18 Bills of exchange and promissory notes 66 British North America Act 127 C, Appendix 125 Chapter 28 of 1863, amended 24 128,amended 122 Chapters of Third Series, inoperative... 161 Coast and deep sea fisheries 77 Combinations of workmen 110 Copyright 86 Court for divorce and matrimonial causes 90 Court Supreme, administration of crim- inal justice in 115 Court Supreme and officers 90 Criminal justice, administration of 115 Currency 67 D, Appendix 159 Debtors, insolvent 96 Deep .sea fisheries 77 Divorce, court of 90 Election of members of Assembly 3, 24 Elections, vote by ballot at 18 Electric telegraph for military purposes 49 Enlistment illegal 105 Exchange, bills of 66 Factors and agents 63 Fisheries, coast and deep sea 77 river 81 Fuel, provisions, &c., reg-ulation and inspection of 69 General Assembly, election of members for 3,24 Govemment railroads, provincial 27 Harbors and harbor masters 60 Harbor masters, pilotage, &c 60 House of Assembly, election of members of 3,24 House of Assembly, independence of.... 22 Illegal enlistment 105 Independence of House of Assembly.... 22 Inoperative Chapters of Third Series.... 161 Insolvent debtors, relief of 96 Inspection of provisions, lumber, &c.... 69 Interest 121 Inventions, patents for 88 Jurisdiction of justices in civil cases, amended 122 Justice criminal, administration of IIB Justices, jurisdiction of in civil cases, amended 122 Lumber, &c., inspection and regulation of 69 Magistrates, stipendiary or police 93 Matrimonial causes, court for 90 Members of Assembly, election of 3, 24 Merchandize, inspection and regulation of 69 Military telegraph 49 Mills and millers 68 Morals, offences against public 107 Naturalization of aliens 50 Naval property 46 Notes promissory, and bills 66 Oath of allegiance, taking of enforced.. 122 Offences against public morals 1 07 170 INDEX TO ACTS, ETC., OF APPENBIXES. PAGE. I against public peace 108 religion 106 petty, trespasses, &c 100 Officers of Supreme Court 90 Patents for useful inventions., 88 Peace public, offences against 108 Penitentiary 45 Petty offences, trespasses and assaults... 100 Pilotage, harbors and harbor masters... 60 Police magistrates 93 Privilege's of aliens 60 Promissory notes and bills 66 Property, naval 46 Provincial government railroads 27 Provisions, regulation and inspection of 69 Public morals, offences against.; 107 peace, " " 108 Railroads, provincial government 27 Refining of sugar 123 Registry of ships 59 Regulation and inspection of provisions, &c 69 Relief of insolvent debtors 96 Religion, offences against 106 PAGE. Revised Statutes, Third Seri*, chapters inoperative 161 River fisheries 81 Sable, St. Paul's, and Scattarie islands, and light houses 4& Saint Paul's island, &c 46 Sea and coast fisheries 77 Seamen and shipping 50 Shipping and seamep 50 Ships, registry of 59 Stipendiary magistrates '. 93 Sugar refining •... 123 Supreme Court, administration of crim- inal justice in 115 Supreme Court and officers 90 Telegraph, military 49 Third Series, inoperative chapters of.... 161 Trespasses, petty, &c loO Union of British N. America, Act for... 127 Vote by ballot at elections 18 Workmen, combinations of 110 INDEX TO APPENDIXES. 171 GENERAL INDEX TO APPENDIXES. A. Accessories. See Factors and Aqmts.. ^^'^^ Act fob Union of Provinces. See British is^raAmi^liaActl[Z['.ZZZ'Z'.'.'.'.'. 127 Actions. See Enlistment Illegal 106 Naval Property .'!.!!.!!!!!!.!.!!!!"."."!.!...""!..""". 46 Patents for Useful Inventions ...89, 90 Penitentiary 45 Administration of Criminal Justice. See Criminal justice,' Administr^^^ Swpretne Court 115 Admission of other Colonies into Union. See British North AJnericaAci.y...... 155 Adultert. See Divorce and Matrimonial causes 92 Affidavit of elector omitted from list. See Election of Members of Assembly 24, 25 of qualification of candidate. See Ballot at Elections .' 21 See Divorce amd Matrimonial causes 93 Insolvent Debtors, Relief of , 98, 99 Petty offences. Trespasses cikd Assaults .' 101 Agents. See Factors and Agents .. 63 A1.IEKS, PRIVII^ECES OF 50 Real estate, certain invalid titles to not rendered valid by chapter 50 may be taken, held, conveyed and transmitted by aliens 50 titles to not invalid through alienage 50 Alimony. See Divorce and Matrimonial causes 91, 92 AI.r,EQI.4IVCE, OATH OF 122 Penalty for not taking oath of allegiance when lawfully required to do so 122 Amendment. See Railroads 35 Amercement. See " 34 Anchorage. See Pilotage, Harbors and JELarbor Masters 60 Animals. See Petty Offences, Trespasses and Assaults 102 Appeals. See Combinations of Workmen 113 Divorce and Matrimonial causes 91, 93 Fisheries, Coast and Deep Sea 79 River , 83 Insolvent Debtors, Relief of 99 Petty Offences, Trespasses and Assaults 101 Pilotage, Harbors and Harbor Masters 61 Railroads 29,33,33 Stipendiary or Police Magistrates 96 Apples. Inspection of Provisions, iMmber, 8fo. 76 Articles, Shipping. See Shipping and Seamen 50 sqq Arbitrators. See Railroads 28 Assaults. See Petty Offences, Trespasses and Assaults 100, 103 Assembly, Elections for. See Ballot at Elections 18 Election of Members, 8fc 3, 24 Independence op. Independence of Assembly 22 Assessors. See Election of Members, Sfc 4 Assets of Canada and Provinces. See^. N. A. Act 148, 149, 166 sqq Attorney General. See CriminalJustice, 8fc 116 172 INDEX TO APPENDIXES. B. PAGE. Ballast. See Pilotage, Harbors and JTarbor Masters 60 UAX.IjOT' at EI.ECTI01VS 18 Affidavit of candidate's qualification 21 Assembly, members of elected by ballot 18 Ballot, all elections for assembly to be by 18 Ballot-boxes, examined at opening of poll 18 made and fmnisbed to sheriff 18 new to be covmty charge 18 new to be supplied by sheriff 18 returned to sheriff with poll book 19 Ballots and mode of voting described 20, 21 enclosed in white envelopes 21 how counted at close of poU 19 preserved in case of protest 20 when and how counted by sheriff 20 Booth polling, persons not to remain in, exceptions 19 provided by sheriff 18 Candidates, names of posted on booth 18 proposed in writing to sheriff 21 qualification of how proved 21 Close of poll, proceedings at 19 Com-t sheriff's, adjourned if retiirns not in 20 Declaration of members 20 Elections for assembly to be by ballot 18 Elector, how to vote 18 Envelopes, furnished by presiding officers when necessary 21 not more than one deposited with ballot 21 used to enclose ballots ....20, 21 when not to be counted.. 21 Form of oath of secresy taken by officers 19 Inconsistent law repealed 21 Members, how declared at sheriff's court 20 New baEot-boxes to be county charge 18 supplied by sheriff 18 Nomination day, no public or political meeting on 21 proceedings on., 21 Oath of secresy taken by officers 19 Officers to take oath of secresy 19 Opening of poll, proceedings at 18 Penalties for violating act 21 Penalty for personating voter 21 Personation of elector how pimished 21 Persons not to remain in booth; exceptions 19 Poll when unnecessary 21 Polling booths provided by sheriff 18 Presiding officer, how compelled to return ballot-box, &c 20 supplied with box, poll-book, and register by sheriff. 18 to count ballots, and declare state of poll 19 explain mode of voting 19 find voter's name 18 furnish envelopes when necessary 21 post up names of candidates on booth 18 return ballotrbox to sheriff 19 state names of candidates when necessary 19 Prooeedings at close of poU 19 opening of poll 18 Protest, ballots preserved in case of 20 Eepeal of inconsistent law 21 Secrecy, oath of, taken by officers 19 Sheriff's duties on nomination day 21 proceedings on declaration day ., 20 INDEX TO APPENDIXES. 173 ^^^St'^'^J ^'■^ EtECTIOIVS-Continued, ^^^^' blierifi, to adjopn court if returns not made 20 furnish ballot-boxes, registers and poll-books to presiding officers....' 18 provide new ballot boxes „ 18 polling booths ...........'......"............".............. 18 receive boxes and poll books, and keep unopened till declaration day!i9,20 return writ to provincial secretary and poll-book to clerk of peace... 20 when and how to count ballots 20 Violation of act, penalties for 21 Votes not to be revealed; exceptions 19 Voting, how conducted ".!....".!..........."!!!!!."!!.""...!!!! 18 Warrant may isssue against presiding officer not inakine return 20 Banx JfoTES. See Currency ^ ' \_ 67 Barbels. See Inspection of Provisions, Lumber, &c...... " 76 Ba-w-by HODSES. See Public Morak, offences aomnst... 107108 BII.I.S OF EXCHAWGE AMD PIIOMISSOKY 'JSOTEs!.".".'.'.".'.'.'.'.'.' ' 66 Acceptance of biU of exchange must be in writing on bill 66 Damages and interest on protested bills of exchange '....'..'........ 66 not recoverable for non-delivery of articles mentioned in promissoiy note , 66 Promissory notes, if not payable in money, not negotiable 66 may be sued on 66 no damages recovered on 66 negotiable 66 who may sue on 66 Protested bills, damages and interest on 68 Eecovery of amount of note not payable in money , 66 BOUNDAEIBS OP ONTARIO, QUEBEC, NEW BRUNSWICK AND NOVA SCOTIA. See British North Ainerica Act 128 Bbead. See Inspection of Provisions, 8fc ; 69 Bricks. " " " 76 BRITISH NORTH^AinCERICA ACT 127 Admission of otheb Colonies 155 Provisions for admission of British Columbia, Nevirfoundland, Prince Edward Island, Rupert's Land and North-West Territory Union 155 as to representation of Newfoundland and Prince Edward Island in Senate 155 Distribution oi" Legislative Powers 143 Agriculture and Immigration 146 Education 145 Parliament of Canada, powers of 143 Provincial Legislatures, exclusive powers of 144 Uniformity of laws in Ontario, Nova Scotia and New Brunswick 146 Executive Power 128 Governor General, provisions as to 128, 129 Privy Council, " " 129 Queen to have command of armedforces 130 executive power 128 Seat of Government of Canada 130 Intercolonial Kailway 154 Eailway, commencement, construction and completion of, provided for... 154 Judicature 147 Appeal, court of, &c., may be established 147 Judges, appointment of 147 salaries, &c., of 147 selection of in Ontario, Nova Scotia, New Brunswick and Quebec 147 tenure of office of certain 147 Legislative Power 130 House of Commons, provisions as to 133 New Brunswick, electoral districts of 134 Nova Scotia, " " " 134 Ontario, " " » 133,156 Quebec, " " " 133,156 174 INDEX TO APPENDIXES. PAGE. BRITISH WORTH AIWERICA. ACT— Continued. Money votes, provisions as to 136 Parliament, constitution, powers and sessions of 130 Royal assent to bills, provisions as to 136 Senate, provisions as to 130 MiscELLANBOiTS Provisions 151 Appointment of new officers by Governor General 152 Declaration by senators and Quebec councillors 151 Existing laws, courts, officers, &c., how continued 151 Forms of oath of allegiance, and declaration 158 Languages, English and French, how used 152 Oath of allegiance taken by members of Dominion and local legislatures. 151 Ontario and Quebec, special provisions respecting 1 52 ' Senators not to be legislative councillors 151 Treaty obligations performed by Canada 152 Nova Scotia, Pbovjsions specially afpectin& alterations in act, as to (note) 158 constitution of legislature of 142 debt of, and subsidy to 149 electoral districts of 134 • executive government of 138 Intercolonial Railway for, &c 154 limits of 128 members of House of Commons from 133 seat of government of 139 senators from 130, 155 PHBLmiNAEy Pbovisions 127 Application of provisions relating to Queen 127 Short title 127 Pbovincial Constitutions 137 Executive power 137 Legislative power 139 in four provinces 142 Nova Scotia, New Brunswick and Quebec 142 ■ Ontario and Quebec 142 Ontario 139 and Quebec 140 Quebec 139 Keventjes; Debts; Assets; Taxation 147 Assets of Canada 1*8, 156 four Provinces 148, 149 Ontario and Quebec 148, 157 Debts assumed by Canada 148, 158 fn) of Nova Scotia and New Brunswick 149, 158 (n) Ontario and Quebec •. 148 Revenue, charges on consolidated fund of Canada., 148 provincial 150 subsidies to from Canada 149, 158 (n) Taxation Custom and excise laws continued, how 150 Lands and property of Canada and provinces exempt from taxation... 150 No duties between provinces 150 Powers of Canada as to taxation 143, 147 provinces as to taxation 144, 150 Union 128 between Canada, Nova Scotia, and New Brunswick 128 boundaries of Ontario, Quebec,- New Brunswick and Nova Scotia after.... 128 census deceimial during, provided for 128 BuoTS AND Mabks. See Pilotage, Harbors, S^c 60,61 c. Candidates. See Ballot at Ekctiorw 18,21 INDEX TO APPENDIXES. 175 )''^""'-"'^^'^^-~ii&& Jilectton of Members, &c.. c> q q Census Decennial. ^&& Britkh NoHh America Act 128 Cektificate. See Election of Members, 8fc .■.'.'.'.'.■.■ 24 ig Fisheries, Coast and Deep Sea '79 Railroads 00 Shipping and Seamen . . .'.'.'.'.'.V.V.'.V.'.V.'.V.V.V.V.'.V.V.\V.\'.V." V.V.V.V." '.'. 54, ' 55, 56 Mips, Registry of 59 Chapters and parts of Chapters of Revised Statutes!' Third Series; ■unrepealed' by Canada, &c > f 45 of the Third Series of the Revised'sta'tutes'aitoge'ther'r'ep'eal'ed.'. 161 OLAPBOARDS. bee Inspection of Provisions, Lumber, &c.. 74 75 Clerk OF CRO-vra. Be& Supreme Court and its Officers. ' 90 Clerk op Peace. Election of Members, ^c. .'.'.'.'.'.'.'.'.".','.".'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'."6, 24 Railroads 3o' 34 Stipendiary or Police Magisir'ates .93, 9i 95 Coal and Salt. Inspection of Provisions, ^c. . ' 7 Coast and Deep Sea Fisheries. See Fisheries, Coast and Deep Sea.. 77 Coasting .4XD Fishing Vessels. Pilotage, Harbors, See... . 60 Coasting Vessels. See Fisheries, Coast and Deep Sea .'.'.'..'.'..'.'.'.'.' 79 Shipping and Seamen 56 coTifBiMATioivs OF woRK.]?ijE:i« '.;..'.'.'.!!"..!!;;!".;;;;;;'. no Appeals to supreme court, how made, effect of, &c 113 Chapter, appeal from justices' decision under .!!!!!!! 113 commitments and convictions under to be as in schedule 113 forms of commitments and convictions under 114 not to extend to persons meeting for certain purposes Ill offenders against, howand vehen proceeded against 112 witnesses against, how summoned, &c 112 compellable to give evidence under 1H Employers, penalty for interfering with as to business, workmen, &c 110 Forms of commitments and conviction 114 Justices, proceedings by and before 112 to compel attendance of witnesses 112 Offenders, apprehension and trial of 112 compellable to give evidence for crown Ill giving evidence not to be prosecuted Ill Penalty for interfering with workmen or employers 110 witnesses not giving evidence 112 Persons meeting for certain purposes exempted from operation of chapter Ill Schedule, forms in to be used 113 Workmen, penalty for interfering with as to work, wages, &c 110 ■■Commissioners. See Insolvent Debtors, Relief of 96 Railroads 28 'Constables. See CriminalJustice, administration, Sfc '. 115 Stipendiary or Police Magistrates 95 •Contempts. Divorce and Matrimonial causes, 8fc 93 Convicts. Penitentiary 45 COPYaiCSHT, I,AW OF 86 Actions under chapter limited.. 88 Author, &c., may obtain copj'right and renewal 86 to receive certificate from Provincial Secretary 87 Copyright, benefit of not to be had unless title registered in Provincial Secre- tary's office before publication 87 penalty for infringing by imitation, &c 87 printing or importation 87 on person not having, and inserting entry as registered 88 to whom and how granted, and how renewed 86 Fee to be paid Provincial Secretary for certificate 87 Form of certificate from Provincial Secretary 87 Limitation of actions as to copyrights 88 Penalty for infringing copyright ST illegally inserting entries as registered ■ 88 ' Provincial Secretary, title to be registered in office of 87 to give certiflca-te to author, Jcc 87 176 INDEX TO APPENDIXES. PAGE. COPYRIGHT, I.AW OF— Continued. Provincial Secretary, to receive fee from author, &c 87 Renewal of copyright, how and to whom granted 86 CORDWOOD. See Inspection of Provisions, Src 72 Costs. See Criminal Justice, administration, Src 117- Divorce and Matrimonial causes, ^e 93 Fisheries, Coast and Deep Sea 79 Shipping and Seamen 55 County Chakge. See Mailroads 27 Tkeastjbeb. See CriminalJustice, Administration, Sfc 116, sqq Mailroads 35 CouBT FOR Dtvobcb ANt) Mateimonial CAUSES. See Divorce and Matrimonial causes, S^c 90 Supreme and Officers. See Supreme Court and its Officers 90 CouBTEST AUD Dower. See Divorce and Matrimonial causes 91 Creditor, Imprisoning. See Insolvent Debtors, Relief of. 97, sqq CRimilWAX, JUSTICE, ADSIIIWISTRATIOIW OF JIW SUPREIdX: COURT 115 Attorney General, court to appoint prosecutor in absence of; costs 116 to certify as to witnesses' fees 116 Constable's expenses, how paid where prisoner has no goods 115 Costs of prosecuting officer, how taxed and paid 117 County Treasurer, fines, &c., in supreme court paid to 118 how and when to pay fees of witnesses in criminal cases 116 not having funds, expenses of constables and witnesses paid from Provincial Treasury 116 to pay fees of witnesses attending grand jury without sub- poenas, &c 119 to pay fines, dsc, to witnesses in prosecutions 118 when to pay expenses of constables 116 poor witnesses 116 Criminals, bailed or imprisoned where questions of law reserved 119 charged with misdemeanors, sections 86, 87, 88, 89, and 90 to apply to trials of 118 imprisoned in penitentiary or jail 118 special sittings for trial of 117 warrants for, endorsed by justices 118 when sentenced 117 to pay expenses of prosecution 117 Expenses of conveying prisoners to jail, by whom borne ; penalty 115 when prisoner has no goods 115 poor witnesses, how paid 116 Pees of witnesses on criminal trials, how paid 116 Fines, &c., levied by supreme court paid to county treasurer 118 paid to witnesses attending criminal trials 118 Form of certificate of decision of supreme com-ton question reserved 120 Imprisonment to be in jail or penitentiary 118 Jail, charges of conveying prisoner to, how recovered 115 when paid by prisoner 115 Judge presiding, may adjourn special sitting from day to day 118 may reserve question of law for court 119 must sign cas& stating questions reserved 119 Misdemeanors, sections 86, 87, 88, 89, and 90 to apply to 118 Prisoner, penalty on for not paying for his conveyance to jail 115 Prosecution, costs of how taxed and paid 117 court to appoint officer to conduct, in absence of Attorney General; costs 116 expenses of when paid by defendant 117 witnesses for in criminal cases, fees of ^ 116, 119 Questions reserved for court, proceedings on 119 form of certificate of judgment of supreme court on 120 heard and determined by court at Halifax 119 judgment of court on, how delivered 120 order of supreme court on, how made and executed 119 INDEX TO APPENDIXES. 177 CR1MI]VA]L JUSTICE, AWMIMISTRATIOIV OF IIV SUPREME COUIIT— Continiied. Questions reserved, transmitted to court at Halifax 119 Eeceiver General to pay certain expenses when county treasurer has .no funds..! 116 when to pay costs of prosecuting 117 recover " " 117 Special sittings, for trial of felonies, order for '..'.'.'.'.'. 117 judge and proceedings at 118 may adjourn from day to day 118 may try misdemeanors 118 publication and notices of order for 117 summoning jurors and other officers for 117 Supreme court, fines levied under judgments of, paid to county treasurer..'!!..!." 118 judge of may order imprisonment in jail or penitentiary 118 sentence criminals at sittings in Halifax 117 to preside at special sittings 118 judgment of on question reserved, how delivered 120 presiding judge may adjourn special sittings 118 questions reserved for, determination of, &c 119 proceedings as to 119 special sittings of for trial of felonies and misdemeanors, how ordered and held 117 Warrant for criminal escaping from other province how endorsed and executed 118 Witnesses, fees of on criminal trials, how paid 116, 118 lines applied to payment of fees of 118 poor, expenses of how paid 116 when to receive fees where no subpoena '. 119 Cbown Lands. See Petty Offences, Trespasses, Sfc 102 CURIlESfCY 67 Bank, chartered, may issue notes less than twenty dollars 68 notes, bills, &c., payable in gold or silver, and twelve per cent interest after demand 67 note or undertaking must be accepted by maker as payment of holder's debt 68 transferable by delivery, and recoverable by holder... 68 Cheques, notes, &c., not intended to circulate may be less than twenty dollars... 68 Decimal currency used in public accounts..... 67 Discrepancies between judgment and execution rectified 67 Executions upon certain judgments, how taken out 67 Holder of bank note or similar undertaking may demand, coin, and recover twelve per cent after demand 67 undertaking may recover 68 tender to maker as payment 68 transfer by delivery 68 Judgments, discrepancies between amounts of and executions, how rectified 67 ' executions upon certain, how issued 67 mistakes in entries of,how corrected..... 67 to be entered in dollars and cents 67 Notes less than twenty dollars, not to be issued. Penalty 68 One pound treasury notes, how computed.. W Penalty for issuing notes less than twenty dollars..... 68 Tre^urv notes and notes of chartered banks may bs less than twenty dollars.... 68 for twenty shillings, how computed 67 See Public Morals, Offences against 108 CUBSING. D. Damages. See Railroads "^ Dams. See Fisheries, River........... ?* ■niTirrir-ROtrs GOODS. See Railroaas •• y± Dangeeous ^^^^^^g_ g^ p^j;^ Peace, &c.. 109 Deals See Inspection of Fivvisions, Lumher, iifc 73 12 178 INDEX TO APPENDIXES. PAGE. Debtors, Insoevent. See Insolvent Debtors, ReUefof. 96 Debts op Canada and Provinces. See B. N. A. Act 148, 149, 168 (n) Declaration Day. See Election of Members 14 Deep Sea Fisheries. See jRsAerees, Coast and Deep Sea 77 Desertion, ^ee, Fisheries, Coast and Deep Sea 80 Shipping and Seamen 53, 56, 122 Discharge op Sbamkn abroad. See Shipping and Seamen 54, 55 Disfranchised Persons. See Independence of Assembly 22 DIVORCE ATXn mATRimOlKIAIi CAUSES, COURT FOR 90 Adultery coupled with cruelty, husband and wife competent witnesses in cases of 92 no co-respondents or juries in cases of 92 Affidavits, &c., taken abroad, admissible as in supreme court 93 Alimony and costs allowable during trial by court 91 on divorce, in discretion of court 93 what to constitute 92 Appeal, court of, power of as to costs . , . . 93 none as to costs alone 93 when and to whom to be made 91 Appointment and powers of temporary judge 90 in case of absence, illness, .... 22 may be tendered, and party refusing shall not vote 22 of person no longer an official 23 Officials, persons ceasing to be to vote on taking oath 22 how punished tor voting 22 names of not inserted in register, or struck out 22 what disfranchised 22 Penalties, how and when recovered 22,23 Penalty for violating act 22 Person ceasing to be official, how allowed to vote 23 Persons disfranchised 22 excepted from operation of act 23 refusing to take oath, not to vote 22 Punishment of disqualiiied person voting 22 how inflicted 22 Eegister, names of disqualified persons struck from 22 Voters, who cannot be 22 I]VSOL,VE]WT DEBTORS, RELiIEF OF 96 Affidavit of creditor, appeal allowed on 99 debtor remanded on 98 Agent, when served with magistrate's summons 97 Appeal, court of, how constituted 99 proceedings of 99 from commissioners or justices allowed 99 Appointment of commissioners 96 Assets and liabilities, schedxile of annexed to petition 96 Assignment to be made before debtor's discharge 97 Commissioners and justices, fees of, schedule of 100 penalty on for refusing to act when fees tendered... 100 INDEX TO APPENDIXES. 189 IlVSOtVESIT DEBTORS— Continued. ^^^^' Commissioners and ;justices, what fees to be paid to 100 appointed by Governor in Coimcil 96 or judge, how to discharge remanded debtor at end of imprison- ment 98 may remand debtor for fraud 98 prisoner in case of malicious tort 98 petition and schedule of insolvent prisoner exhibited to 96 powers of exercised by two justices where process issued by Justices 99 shall remand debtor upon amdavit of creditor, attor- ney, &c. 98 to administer oath before examination, if required 97 certify in case of insolvent imprisoned at suit of crown 98 direct proceedings in cases of arrest vmder mesne process 98 issue summons to creditor to show caiise against debtor's discharge 97 tax witnesses' fees in cases of remand for fraud, &c. 99 when to order discharge 97 Confession of judgment by debtor arrested under mesne process 98 Copies of summons and schedule, how and when served 97 service of how proved 97 Creditor imprisoning, agent of when served, &c 97 copies of summons and schedule how and when served on 97 liable for sheriff's fees in case of discharge 99 may require debtor to be sworn 97 non-resident, what .deemed service of justices' summons on 97 summons issued to 97 to receive assignment of debtor's property 97 to receive confession of judgment from debtor 98 Crown, debtors at suit of how discharged 98 Debtor discharged on assignment made, oath taken, &c. 97 on receipt of order by jailer, &c. 99 how dealt with at end of period of remand 98 how and for how long remanded for fraud 98 malicious tort 98 imprisoned, to exhibit petition and schedule to judge or commissioners 96 under justices' process, how relieved 99 property of liable after his discharge 99 remanded for fraud to pay witnesses' fees ; penalty 99 upon affidavit of creditor, &c n-f Xa qq Discharge, manner and effect of ...... . a?,»»,»» Fees of iheriff, who liable for m caseof discharge. 99 paid to commissioners and justices, to be as m schedule 1 UO schedule of .•••;:• •••••■ . •••••• •"•• |Xa when tendered, commissioners or justices must act, under penalty 100 Form of oath taken by insolvent before examination 97 verifying debtor's schedule 97 Fraud, debtor remanded for, for year or less 98 ' witnesses' fees taxed against 99 Governor in council to appoint commissioners 96 Judge or commissioners. ■ See Commmtoners or judge when appeal to be to ...-•• °^ Judgment, coSession of by debtor arrested mider mesne process 98 Tiislces and commissioners. See Commmtomrs andjustwes 100 summons of, how served in certain cases 97 two may relieve where process issued by justices.. 99 to grant appeal, and remand debtor on creditor's affidavit 99 Liabilities and Msets, schedule of annexed to petition 96 Oatt administered before examination at wish of creditor 97 190 INDEX TO APPENDIXES. PAOB. nvSOliVKlVT DKBTORS— Continnea. Oath to be taken by debtor before discharge 97 waived 98 Order for discharge, upon assigmnent or oath 97 debtor released on receipt of by jailer, &o. 99 Papers, all to be returned to supreme court 99 Penalty for commissioners and justices refusing to act, when fees tendered 100 Petition and schedule of party imprisoned vmder procefls from supreme court exhibited to judge or commissioners 96 Prisoner. See Debtor. • Proceedings and orders of court of appeal 99 Property of debtor liable under same' judgment after discharge 99 Schedule of assets and liabilities to accompany petition 96 copy of, served with copy of summons 97 truth of, sworn to before discharge 97 Sessions special, when appeal to be to ; how summoned, &c. 99 Summons and schedule, copies of how and when served 97 service of how proved 97 issued to creditor after petition presented 97 magistrates' how served in case of non-resident creditor 97 Supreme court, all papers to be returned to 99 debtor imprisoned under process from, to petition judge or commissioners 97 when to be court of appeal 99 Tort malicious, prisoner remanded for, for year or less 98 Witnesses' fees paid by debtor remanded for fraud, under penalty of further remand 99 INSPECTIOW OP PROVISIOIWS, r.U»IBER, FUEt, &c. 69 Apples AND Potatoes 76 Barrels, flour may be used 76 how branded 76 number of hoops on 76 penalty for use of small 76 size of regulated 76 BaBAD 69 baker paying fines as to may recover from servant or journeyman 70 certain loaves of exempted 70 for sale, how marked 69 weights of loaves of 69 penalty for obstructing officer in searching for or seizing 70 selling short of weight 70 unmarked ...v- 69 on servant or journeyman offending as to 70 person seUing to keep scales and weights 70 prosecutions as to begun within three days 70 unmarked or under weight may be searched for and seized by justice, constable, &c 70 Bricks AND STAVES, how counted 76 Coal AND SALT 71 measurers of, fees of 71 penalties on for misconduct 71 weighed or measured by proper officers 71 Coal, certificate as to, delivered to collector of customs 72 from mine to be ^iven to purchaser of by shipmaster 71 penalty for giving false certificate as to 72 selling under false name 71 sold from shipboard by retail, by weight 71 COEDWOOD 72 dimensions and quality of, when retailed 72 measurers of, penalties on for misconduct 72 fees to 72 penalty for selling unmeasured 72 rotten and crooked sticks of, provisions as to 72 INDEX TO APPENDIXES 191 INSPECTIOSr «F PRO^^l§IO!«S-Continued. ^^^^' GORDWOOD. short sticks of, rejected by measurers 70 when sold from shipboard, to be surveyed and measured by proper omcer ... f-o Hat '^ howweighed Jt weighers' fees "_ ' i^ may be regulated by sessions 72 LUMBEE ig appeal from decision of surveyor of ' 75 boards, dimensions and qualities of 73 certificate of surveyor, effect of 75 clapboards, dimensions and qualities of 74 what forfeited " 75 what rejected on smvey 75 dimensions and qualities of boards 73 clapboards 74 .deals 73 lathwood 74 plank 73 shingles 73 staves 74 timber 73 duty of measurer on survey of 74 &c„ penalty for not surveying ; exception as to Halifax 75 purchased for exportation shall conform to chapter 74 Fees of surveyor 75 paid byaeller 76 Halifax City excepted from survey in certain cases 75 Lathwood, dimensions and qualities of 74 Limitation of prosecutions 76 Marks on, penalty for defacing or altering 75 Penalty for not surveying, exception as to Halifax 75 on surveyors for misconduct 76 Plank, dimensions and qualities of 73 Prosecutions limited 76 &c., purchaser not obliged to accept when not conformable to chapter 74 Qualities of. See Dimensions. Shingles, dimensions and qualities of 74 what forfeited 76 rejected on survey 76 Staves, dimensions and qualities of 74 what rejected on survey 76 Survey, duties of seller on 76 what shingles, clapboards and staves rejected on 76 Surveyors, duties of on survey , ' 74 fees of, paid by seller 76 marks of, penalty for altering or defacing 76 penalty on for misconduct 75 Timber, dimensions and qualities of. 73 Officers under chapter appointed by sessions 76 Potatoes and edible roots, sold by weight 70 Q^ Apples arid Potatoes 76 Salt. See Coal and Salt ...... ...■■ 71 Sessions to appoint surveyors and other otncers To Staves and Bbicks, how counted 7S SUGAB, tare on fixed ...... -.■ 70 penalty for not allowing 71 Inspectobs. See/isAme«, .KiVer . .. . 84 Inteecolonial Rail'W'AT. Hte Brtttth North America Act 154 TTVIM^REST ■••... ...... 121 Grain or live stock, borrower to pay value of in case of loss through his -vyilful default ■■ 121 192 INDEX TO APPENDIXES. PAGE. IIVTKREIT— Continued. Grain or live stock, certain contracts as to, legalized 121 Jury or court, to allow interest by way of damages 121 for delay of payment in certain cases 121 Inventions Useful, Patents FOE. See Patents for Useful Inventions 88 Jail. See Crimmal Justice, Administration of , 8fc 120 Judge Oedinaet. &ee Divorce and Matrimonial Causes, ^c 90,91,93 Judgments. See Currency 67 Patents for Useful Inventions 90 JuDiCATUEE OP Canada. Bee BrUish North America Act 147 JuET. See Railroads 30,31,32 Shippinif and Seamen '. 65 Stipemdmry or Police Magistrates 94 .Justices. See Enlistment Illegal lOB Insolvent Debtors, Relief of 99,100 Petty Offences, Trespasses and AssauUs 102,103,104 Pulllic Morals, Offences against 108 iSable and Saini Paul's Islands 46 Land Damages. See Railroads 28 Larcenies. See Petty Offences, Trespasses and Assaults 100 Stipendzary or Police Magistrates 94 Lathwood. Inspection of Provisions, iMmber, 8fC 74 • Legislation of Nova Scotia, altogether inoperative 1 59 as to Elections and Railways 1 unrepealed by Canada, &c 43 Legislative Power under Union. See British North America Act 130, 143 Lettees Patent. 'See Patents for Useful Inventions 88,89,90 Limitation of Actions. See Copyright 88 Election of Members 17 Fisheries, Coast, ^c 79 Independence of Assembly 23 Penitentiary 45 Petty Offences, if-c 104 Shipping and Seamen 56 Stipendiary or Police, 8^0 95 Lists, Electoral. See Election of Members of Assembh/ ^^'1% LoTTEEiES AND Raffles. See Public Morals, Offences against 108 Lumber. See Inspection of Provisions, Lumber, li;c 73 M. Magistrates. See Stipendiary or Police, S;c 93 Marriage. Divorce and Matrimonial, S^c 91 Master. Shipping and Seamen 56 Matrimonial Causes, Court FOE. Sea Divorce, ^c. 90 Members OF Assembly, Election OF. See Ballot at Elections 18 Election of Members, ^c 3,24 Merchandize, Inspection of. See Inspection, |-c 69 Merchant Shipping Act. Shipping and Seaman , 56 Ships, Registry of 59 Militaby Telegeaph. See Telegraph, ^c 49 Mill Dams. See Fisheries, River 83,84,85 INDEX TO APPENDIXES. 193 PA&E. mUIiS ASII> MIIiliERS 68 Grinding, kiln-drying, hulling, bolting, &o.,, tolls for 68 Penalty for not keeping scales, -weights, &c., in mill 69 refusing to grind, &c., grain. Exception " 69 taking illegal toll 69 Quantity of grain ascertained by sealed measure 69 Scales and weights to be kept in miU 69 Steam-mill, owner of may in certain cases refuse to grind, &c 69 Tolls for grinding and kiln-drying, regulated , 68 hulling barley and bolting or sifting flour 68 penalty for demanding or taking illegal 69 Miscellaneous Pbovisions of B. N. A. Act. See Sritish North America Act 151 MoBALS Public, Offences AGAINST. See Public Morak, Of ences against 107 N. Natubalization OF Aliens. See Aliens, i^c 50 WAV AX PROPERTY 46 Actions relating to naval property brought and defended by commissioners for executing office of lord high admiral or lord high admiral, for time being 48 not to abate on death or resignation 48 Commissioners, conveyances, contracts, &c., how executed by 47, 48 may recover or be liable for costs 49 sell, lease, &c., naval property 48 naval property vested in 46,47 title of, used without names 47,48 Nets. See Fisheries, River 82, 83 If B-w Glasgow. See Stipendiary or Police Magistrates 94 Nominations. BaUot at Eleetioms 21 Electimi of Members of Assembly 7 Notes Pbomissohy. Qee Bilk of Exchange, 8(c 66 Nova Scotia, legislation of altogether inoperative 159 as to elections and railroads 1 unrepealed by Canada 43 Nova Scotia, Pbovisions of Union Act specially affecting. See British NoHh America Act 128, &c. o. Oath of Allegiance. See Allegiance, Oath of ...... 122 Brituh North America Act ioi Oaths. See BaUot cd Electims ...••■ in "iVi? 9>i l^ Ehctimi of Members of Assembly 10, 11, U 24, ^ Independence of Assemblv ' S^ I-nsolvmt Debtors, Relief of »^ Orstkucting HigWay.'' See P»6& Peace, O/eweesaraiij^ 109 ^^fIS^^ainst PUBLIC MOBALS. See Puh^c Morals,^^. 107 Religion. See Relkim, 8fc. 106 Petty. See Petty Of ences. Trespasses, 8fc 100 Passengbbs. SeeRaOroads 39 13 194 INDEX TO APPENDIXES. PAGE. PATENTS FOR USEFUI, IWVEWTIOWS. 88 Actions for damages for infringement of patent 89 nature of defence to, evidence, &c 89 when judgments in, to be for defendants 90 Assignment of patent, effect and registry of 89 Copies of letters patent, and petitions, how obtained 89 Defence to action, liow pleaded, and what evidence for 89 Description of invention to be filed in Provincial Secretary's office before issue of patent 89 Governor in ouncil may grant letters patent on petition, to whom and for how long 88 Improvement, patentee of not to use original invention 88 what not to be deemed 89 Invention, action for illegal use of 89 description and model of, where deposited 89 patentee of, not to use patented improvement 88 what not to be deemed 89 Judgment, when for defendant, effect of 90 Letters patent, copies of , how obtained 89 descriptions, explanations, and models deposited in P. S. office before granting of 89 duration of 88 for improvement not to authorize use of original invention ; and vice versa 88 how and to whom granted 88 to be recorded in Provincial Secretary's office 88 when declared void 90 Models and explanations to be deposited in Provincial Secretary's office 89 Patentee may assign his rights, assi^ment recorded 89 sue person illegally using invention 89 Patjpbbs NOT TO Vote. See Election of Members, Src 5 Peace, Offences Against. See PuMk Peace, S^c 108 Penalties. See Various Chapters. PESflTEWTIA-KY 45 Actions under chapter where and when brought 45 Convicts, how tried 45 Dismissed officers, how removed 45 Imprisonment under chapter regulated 45 Keepers, &c., protected as justices of the peace 45 Limitation of actions 45 Officer dismissed and not quitting, how removed 45 Punishment for felony under chapter 45 Register of prison, evidence of its contents, on trial 45 PEETUKy. See bivorce and Matrimonial, ^c 92 PETTY OFFEl^CES, TRESPASSES, AMD ASSAXJI-T8. 100 Affidavit necessary upon appeal from sessions 1 01 Animals, form of writ of replevin of 102 justice to grant replevin upon security 102 have jurisdiction as to trespasses by, up to $12 102 penalty for trespasses by certain 102 regulations as to trespasses by certain ; 102 trials of replevin, suits as to 102 Appeals from decisions of sessions 101 Assaults and batteries, how and by whom tried, penalties for &c... ' 103 Certificate given when complaint dismissed 103 where given no further criminal proceedings 103 Common, penalty for damaging or defacing 102 Complaint, costs on regulated 103 how and when dismissed 103 Compliance with justices' judgment to bar further crimimal proceedings... 103 Conviction, delivered by constable, &c., to jailer in case of imprisonment 101 justices', form of 104 in writing furnished to constable, &c 101 record of 104 INDEX TO APPENDIXES. 195 PAGE. PETTY OFFEWCES, TRESPASSES, &^c.— Continned. Crown lands, penalty for cutting or carrying away trees on 102 Enclosure cultivated, penalty for trespass on 102 Fees, none allowed to justices at sessions 101 of officers and witnesses same as in any other criminal cases 101 Felonies, trespasses, and larcenies, certain, how tried 100 Form of justices' conviction 104 summons 104 writ of replevin 102 Halifax City, portions of chapter not to affect 101 Imprisonment in default of payment of fines 103,104 of offenders against section 20 103 Incorporated counties, municipal courts to act in 1 01 Informality, &c., not to vitiate proceedings 101 Jail limits, &c., not allowed to prisoners under section 20 103 Jurisdiction of jus "^ices as to certain offences 103 Justice, one, jurisdiction of as to certain specified offences 102 trespasses by animals 102 to grant replevin upon security 102 try cause as in case of ordinary debt 102 Justices, two, compliance with judgment of to bar further criminal proceedings 103 conviction by, form of, record of, &c 104 may bind parties to appear in supreme court 103 dismiss complaint and give certificate 103 give or withhold costs 103 impose fines up to S8.00 103 issue ezecntion, &c 103 try and punish party interfering with surveyor 104 common assaults and batteries 103 record of conviction by, what to be 104 summons issued by, form of 104 Larcenies, felonies and trespasses, certain how tried 100 Limitation of prosecutions 10* Offences, aggravated or serious, referred to supreme court lOJ under sections 17, 18, 19 and 20, jurisdiction of justices as to Wo Penalties for assaults and batteries, how recovered and disposed of 103 imprisonment to enforce lOo cutting or injuring ornamental trees ; exceptions 102 defacing or injuring commons 10^ injuring, cutting, or carrying away trees on crown lands l^w interfering with surveyors jO* trespassing on cultivated enclosures w^ violating regulations as to animals 10^ under sections 19 and 20 to be cumulative remedies lOd Proceedings after arrest and before trial...... 100 and process under chapter, nature ot ^"| not vitiated by informality |0| Process, writs, &c„ nature and execution of wi Proaecutions, limitation of • ,., Punishments, what may be inflicted under chapter 101 Eegulations of sessions as to trespasses by animals 10^ ^ penalty for violating 10^ Replevin, form of writ of .■■• ..„ ^ 'granted by justice upon security 10^ suit tried as case of ordinary debt i"^ Section 20, offenders against to be imprisoned, how long lOd Sections 19 and 20 not to affect action by parties .. .^ ....... 103 SMsioM a general or special of not less than five justices may try certain ' offences wy) appeal from when granted ...... 101 conviction how made and dealt with lOi fees in proceedings before ...... Wl informalities not to affect proceedings of 101 not to have jurisdiction as a court m City of Halifax 101 196 I>'DEX TO APPENDIXES. PAGE. PETTY OFFEWCES, TIIESP ASSES, &;c.— Continued. Sessions, penalty for violating regulations of 102 powers of exercised by municipality courts in incorporated counties.. 101 proceedings before how conducted 101 process of how executed 101 special how summoned for a trial 100 to make regulations as to trespasses by cattle 102 what punishments to be inflicted by 101 Summons, justices', form of 104 Surveyor, penalty for interfering with 104 Trees on crown lands, penalty for injuring or carrying away 102 ornamental, on roads, &c., penalty for injuring ; exception 102 Trespasses by animals, how and where prosecuted for 102 regulations of sessions as to 102 felonies and larcenies, certain, h ow tried 1 00 Writs and process under chapter, how executed 101 Writ of rej)levfti, form of 102 Ficrov, See Stipendiary/ or Police Magistrates 96 PA1.0TA&E, HARBORS, AMD HARBOR SEASTERS. 60 Anchorage, regulations as to made by sessions 60 Antigonishe tow path, how repaired 61 Appeal from regulations of sessions to Supreme Court 61 Ballast, regulations as to made by sessions 60 Buoys and marks, how placed and maintained 60,61 Coasting and fishing vessels exempt from harbor master's fees 60 Exemption of certain vessels at Sydney from fees 62 Halifax county from certain sections 62 Pees of harbor masters, scale of 62 Governor in Council to appoint harbor master for Bridgeport and Spanish Biver 60 Sydney 62 approve regulations of sessions 61 Halifax county exempted from certain sections 62 Harbor masters appointed by sessions 60 at Sydney, appointment and jurisdiction of 62 continued in office how long 60 fees of fixed by sessions, how 60 regulated by Schedule B 62 schedules of 62 fines on, how imposed and recovered 61 for Bridgeport and Spanish Biver appointed by Governor in Council 60 to enforce regulations as to buoys, &c 61 furnish regulations to pilots, &c 62 prosecute violaters of regulations 61 Penalties for breach of regulations as to buoys, etc 61 violating regulations as to anchorage or ballast 60 of Yarmouth sessions 62 Begulations must be approved by Governor in Council 61 persons violating prosecuted by harbor masters 61 Schedule of harbor master's fees 62 Sessions may Impose fines on harbor masters 61 not to establish fees for river between counties 60 of St. Mary's and Antigonishe, how to provide buoys, &c 61 Yarmouth to regulate removal of sand, &c., from harbors in town- ship under penalties 61 regulations of, appeal from to Supreme Court 61 furnished to pilots. &c., by harbor masters 62 must be approved by Supreme Court 61 to appoint harbor masters 60 appropriate fees for placing and repairing buoys 61 eslfablish rates of wharfage 60 fix harbor master's fees, proviso 60 make regulations as to anchorage and ballast, and affix penalties 60 INDEX TO APPENDIXE?. 197 PttOTAGE, HARBORS, &c.-CoiitMmed. ^^'^''' fsessions to place buoys and make regulations as to the same, affl-xing penalties . 60 provide for repair of Antigonishe tow path ... 61 ^^i^iciuD v^ourt to relieve from regulations ■ Sydney, certain vessels not to pay fees at 62 cases 61 Governor in Council to appoint "harbor master for 62 vessels loading at not to pay fees at North Sydney. 62 Wharfage, how established and collected .... 60 I armouth, sessions to regulate removal of sand, &c 61 Plank. See Inspection of Provisions, Lumber, &c. 73 Pi,'EDa:E. See Factors and At/ents 64,65 Police Co tJET. See Stipendiary or Police Magistrates 94 95 Division. " " " ' gg Magistrates. " " " 93 Poll. See Ballot at Elections Election of Members, 8fc. Potatoes. See Inspection of Provisions, ^c. .. 70 76 Pbisoneb. Criminal Justice, ^c. '" 115 Insolvent Debtors, Relief of 9fi Phomissoet Notes. See Bills of Exchange, 8fc 66 Phopektt Naval. Naval Property 46 Peovinoes, Assets, Debts, Eevenues.'&c, of. See B. N. A. Act ' 148, &c. Provincial Constitutions. See B. N. A. Act 137 Penitentiary. Penitentiary " ' 45 Secretary. Copyright 87 Patents, ^c. 89 Provisions, Lumber, Fuel, &c.. Regulation and Inspection of. See Inspec- tion of Provisions, Lumber, ^c 69 PUBMC mORAI/S, OFFEJ^CES AGAIWST 107 Bawdy, gambling or disorderly house, penalty for keeping 107 trial and punishment of keeper of 108 when and by whom house may be en- tered on suspicion of being 108 who deemed keeper of 107 Cursing or swearing, penalty for 108 Drunkenness, penalty for 107 Incest, to be misdemeanor, penalty for 107 Justices, aldermen, &c., may enter certain houses 108 Keeper of improper house, how tried and punished 108 who deemed to be 107 Lottery or raffle, penalty for taking part in 1.... 108 Penalty, for drunkenness 107 getting up or taking part in lotteries, raffles, &c 108 incest 107 keeping gambling, bawdy or disorderly house 107 improper house, how inflicted, &c 108 profane cursing or swearing 108 carrying dangerous weapons 109 challenging or provoking to fight 109 disorderly conduct in streets or highways 109 notceasingto obstruct street on request 109 obstructing street or sidewalk 109 public fighting 109 three or more persons unlawfully assembling 108 unlawful assemblage damaging church, machinery, &c 109 using improper language on street, &c. 109 Q. Quakers may affirm. See Election of Members, Sre 16 198 INDEX TO APPENDIXES. R. PAGE. Baffles AND LoTTBBiES. See Public Morals, &e. 108 RAII.IIOADS 27 Alteration of courses of rivers, roads, &c 28 Amendment of proceedings 35 Amercement by supreme court in default of assessment 34 duties of prothonotary, clerk of peacel &c., on 34 how collected ; 34 Amount of appraisement, paid in instalments 33 Animals going at large on railway, penalty for 36 penalty for driving, &c., on line of railway 36 Appeal from appraisement to supreme court 32 from award 29 to supreme court, proceedings on 32 costs of 33 trial of by jury 33 Appointment of arbitrators 28 Apportionment of damages and costs 33 Appraisement, amoiuit of how paid 33 appeal from to supreme court 32 certificate of, form and effect of 33 Apprehension of persons misconducting themselves on train 37 Arbitrators, award of how made 29 how appointed 28 fees of 29 Assessment of land damages, &e 29,33 on county 29 Authority from commissioners to other party to enter lands, effect of 29 Award of arbitrators 29 amount of, how and when recovered 29 paid with interest 29 appeal from 29 filed becomes a county charge 29 may be regarded as against county 29 Bonds of county treasurers and collectors 35 Booking of passengers, rules for 39 Buildings on lands taken, compensation for 27 Canada statutes, chapter not to conflict with 40 Certificate of appraisement, form and effect of 33 Chapter to apply to sessional districts in same way as counties 39 Clerk of peace, duties of on amercement 34 to post notices of drawing jury 30 strike jury on behalf of county 30 Collectors and county treasurers, to give bonds 35 Collection of amercement 34 damages 34 Commissioners and contractors, entry of on lands for railway purposes 28 may construct railway works over lands, roads, &c 28 not responsible for goods injured ; exception 39 to destroy certain trees 29 railway department and company defined 40 repaid damages by county 29 to furnish lists of claimants 30 levy and regulate tolls 38 notify proprietors of lands of entry 28 Company, &c., defined 40 Compensation for buildings on lands taken for railway 27 paid from provincial treasury ' .27 to be a county charge 27 to collectors, &c., fixed by sessions 34 Conflict with Canada law, &c., provided against 40 Construction of railway works over lands, rivers, &c 28 29 28 39 INDEX TO APPENDIXES. 199 RAItROABS-Coiitiniiea. ^""^^ Cost of fencing how provided and paid for qk Costs of appeal 33 County charge, compensation for buildings to be a ' 27 divided into sessional districts 39 to repay damages to commissioners, &c. Courses of rivers, canals, streets, &c., altered Damage to carriages, penalty for causing ^a Damages and costs, apportioned and assessed 33 a county charge 29 when award filed 29 how assessed and collected 33 on county 29 may be regarded as against county 29 repaid to commissioners or contractors ' 29 to lands, determined by arbitration 28 when and how paid 29 Dangerous goods to be marked, under penalty 37 Deficiency of amounts paid provided for .... 35 Definition of terms 40 Disagreement of jury 3I Drains through lands adjoining railway " 28 Driving, &c., on railway line, penalty for 36 Duties of Prothonotary, and other officers, on amercement 34 Entry on lands, how authorized by contractors, &c. 29 Pees of arbitrators 29 jurors and county officers 32 Fences, penalty for injuring 36 Fencing, how provided and paid for 35 Forest land, quantity of to be taken for track, &c 27 Form of certificate of appraisement 41 oath of railway jurors 40 i)ej?w-e for railway jury 40 Freight, penalty for niisrepresentation as to 38 Gates, penalty for leaving open 36 Goods, dangerous, penalty for not marking 37 owners of to protect from fire, &c. 89 Imprisonment in default of payment 39 Interpretation of terms 40 Judge. See Supreme Court, in this Chapter. Junctions and termini, quantity of land taken for 27 Juror, oath of, form of 40 penalty on, making default 32 Jury, railway, attended by witnesses, &c. 32 disagreeing or reduced below five 31 how drawn 30 struck 30 where same person is prothonotary and clerk of peace 30 summoned by sheriff 31 sworn 31 notice of drawing of 30 ordersd by supreme court 32 proceedings of on appraisement 31 regulations regarding striking of 30 to have access to offices, plans, &c 32 Landlord to repay damages paid by tenant 34 Lands and fencing, cost of, a county charge 29 howassessed 29 damages to, determined by arbitration 28 drains through from railway 28 how entered upon and used for railway purposes 28 proprietors of notified of entry 28 required for track, stations, &c., how taken 27 Lists of claimants furnished by commissioners 30 200 INDEX TO APPENDIXES. PAGE. RAIL,ROADS— Continued. Marks on dangerous goods, penalty for omitting 37 Misconduct on trains, penalty for ■ 36 persons guilty of on trains, apprehended :. 37 Misrepresentation as to freight on railway 38 Moneys paid for lands and fencing, a county charge 29 Notice of drawing of railway jury 30 entry, to proprietors of lands 28 Oath of jurors, form of 40 Obstructing working of railway, penalty for 39 Obstruction of works on railway, penalty for 35 Officers or servants of commissioners, iJsnalty for obstructing 36 pay of to be county charge 34 fixed by sessions ; 34 penalties on for not performing duties on amercement 34 OTei'loading carriages, penalty for 39 Owners of goods to bear loss, unless under special agreement 39 Passengers, rules for booking of \ 39 Penalty for allowing animals to stray on railway 36 driving, &c., animals on railway.^ 36 impeding officers, &c., of commissioners 36 injuring fences or regulations 36 juror making default 32 leaving gates open 35 misconduct in trains 36 misrepresentation as to tolls payable 38 non-payment of toUs 38 not marking dangerous goods 37 obstructing contractors or workmen 35 overloading carriages or obstructing workmen 39 stealing or injuring railway property 37 trespasses to railway property 37 trespassing on railway 36 on county officer not doing duty on amercement 34 passenger for misconduct 39 Persons convicted imprisoned for want of money 39 Proceedings, how amended 35 if jtuy reduced below five. 31 in name of Queen 38 of reduced jury 32 on appeal to Supreme Court 32 Property, railway, penalty, trespass, theft, or injury to 37 Proprietors of lands, compensation to 28 may consider awards as against county 29 notified of entry 28 Prothonotary, duties of as to railway damages 30 on amercement 34 Queen, proceedings under chapter to be in name of 38 Railway works constructed over lands, streets, &c 28 Eecovery of amount of award 29 Eefusal to pay fare, penalty for 36 tolls, " " , 38 Kegulations f s to tolls 38 railway, penalty for defacing 36 regarding striking of jury 30 Sessional district regarded as county 39 Sessions failing to assess. Supreme Court may amerce 34 to assess damages 34 for deficiency 35 fix compensation to collectors, &c 34 Sheriff to file venire, panel, appraisement, and return with clerk of peace 31 summon jury 31 Statutes of Canada, &c., not contravened by chapter 40 Supreme Court to amerce for deficiencj' 36 INDEX TO APPENDIXES. 201 RA1I.ro AI»S- Continued. Supreme court to amerce if sessions fail to assess 34 may order petit jury 32 powers of on appeal 32 Tenant paying damages to recover from landlord 94. Terms, interpretation of ' |q Theft of railway property, how punished 37 Tolls, how levied by commissioners 38 recoverable if not paid 33 to whom paid og Track, stations, &c., land for, how taken 27 . much to be taken for 27 Trains, penalty and apprehension for misconduct on 36,37 Treasurers and collectors, bonds of 35 county to pay moneys to Provincial Treasurer 35 Trees, what not to be cut or carried away : 29 Trespass on railway, penalty for 36 to railway property, penalty for 37 Trial of appeal by jury 32 Venire for railway jury, form of 40 Witnesses to attend jury, &c 32 Railway, Intercolonial. ^e& British North America Act 154 Real Estate. See Alims, Privileges of 50 Keceiveb Genebal. See Criminal Justice, ^c 116,117 Refining OP SuaAR. See Sugar, Hefmim of 123 Register OF Electors. See Election of Members 6,24 Registry OF Ships. See Ships, Begistry of 59 Regulation of Provisions, Lumber, Fuel, &c. See Inspection of Provisions, S^c. 69 Regulations. See Railroads 27 Relief OF Insolvent Debtors. See Insolvemt Debtors, ^c 96 REE.ICI01V, OFFESrCES AGAIMST 106 Arrest and punishment of offenders against section 4 107 Penalty for desecration of the Lord's day 106 interfering withhorsesorvehiclcs in vicinity of certain meetings 107 Replevin. See Petty Offences, Trespasses, ^c 102 Revenue of Canada AND Pkovtnces. See British North America Act 148,150 Revised Statutes, Third Series, Chapters altogether inoperative 161 and parts of chapters unrepealed 45 Revtsors. See Election of Members of Assembly 3 sqq, 24 River Fisheries. See Fishei-ies, River 81 RrvERS. See Fisheries, River 81,82,84 s. !$ABr,E A]¥» SA1I¥T PAUI-'S IStAlWRS 46 Justices of peace, powers of exercised by superintendents and resident keepers 46 Sable Island within Halifax County 46 Saint Paul's Island within Victoria 46 Saint Paul's Island. See Sable and Saint PauVs Islands 46 Salmon. See Fisheries River 81,82,83 Salt and coal. See Inspection of Provisions, Sfc 71 Schedule. See Insolvent Debtors, Relief of. 96,97 Sea Fisheries. See Fisheries, Coast and Deep Sea 77 Seamen. See Shipping and Seamen 50,123 Senate OF Canada. See British N. A. Act 130 Sessions. See Fisheries, River 82,84 Insolvent Debtors, Relief of 99 Inspection of Provisions, Src 76 Petty Offences, Trespasses, 8rc 100,101,102 pilotage. Harbors, ^0 60 Railroads 34, 36 Stipendiary or Police Magistrates 93,94,96 202 INDEX TO APPENDIXES. PAOB. Shebipp. See JBalht at Elections 18,20,21 Election of Members, ^c 6, sqq Shipping and Seamen 56 Shingles. Inspection of Provisions, &c 73 ISHIPPIlVe AHTD SEAMEX 50 A ctions f or penalties, power of courts in, — limitation of 56 Agreement, form of 57,58 Articles shipping, contents and attestation of " ' 51 copy of, when deposited in customs 51 fine for shipping seamen without, &c 51 forfeiture when for voyage 52 form of 57,58 in what cases necessary 50 not to take away seaman's lien for wages, &c 51 seaman signing and absenting or misconducting himself, penalty for 52 not going to sea, how dealt with 51 surety liabl e for advance and expenses 51 signing, how liable under 52 Assignment, 52 for seamen deserting 53 Form of shipping articles 67,58 Imprisoned seamen, how and when taken on board ship 53 Jurisdiction of stipendiary magistrates 55 Jury, when allowed in trials under chapter 55 Limitation of actions for, and reduction of penalties 56 Master, duties as to articles 50 penalty on for shipping seamen without articles, or for not depositing copy 51 Medical attendance, &c., on seaman charged to vessel, if medicine is not kept on board 55 Merchant shipping act 1854, how applied to registrar of shipping at Halifax 56 If aval service, entry into not to be desertion 56 seamen's right to wages and effects on entering 56 Penalties, for harboring and secreting seamen 63 not paying wages to seamen going to sea again 54 reduction of and limitation of actions for 56 Process under chapter directed to sheriff 56 Eegistrar of shipping at Halifax, N. S. Act 1 854, how to apply to 56 Seamen, certain rights of not affected by articles 51 debts due by when and how recoverable 53 deserting how punished 53 detention of effects of, how dealt with 53 entitled to certificates on discharge 54 forfeitures by how computed and paid 52 incurred by, for absence, &c 52 how discharged or left abroad 55 INDEX TO APPENDIXES. 203 SHIPPiive AXn SEAMEIW— Continued. ^^^^' feeamen, imprisoned, may be put on board ship 53 medical services to, when charged to vessel 55 not joining ship, how proceeded against 51 penalty for harboring or secreting 53 right of to wages and effects on entering navy 56 sureties for how liable 51 . wages of when and how recoverable 53 bheriff, process under chapter directed to ... 56 Stipendiary magistrates, jurisdiction of " 55 Surety for seaman liable for advance and expenses ' " ' 51 mode and effect of execution of articles by ,52 Trial, master must prove certificate of discharge on 55 of cause imder chapter, jury how allowed in 55 Vice-admiralty not to allow costs where cause could be disposed of by justices 55 Wages seaman's, how collected when under eighty doUars 54 and when recoverable ,53 recovered where seaman about to proceed to sea again ... 54 payment of valid, notwithstanding previous assignment... 54 SHIPPISfG AXU SEAME]¥; Cbapter 5, oC Acts or 1865, re- garding 122 Deserting seamen, penalties for aiding or harboring 122 Inconsistent law repealed 122 Penalties, by whom and how recoverable 122 SHIPS, REGISTRY OF 59 Appointment and pay of registrars 59 duties and pay of surveyors 59 Certificate, endorsement of change of master on 59 new how granted on loss or destruction 59 Collector to endorse change of master on certificate 59 Fees of surveyors, how calculated 59 Merchant Shipping Act 1854, portions of inconsistent with chapter repealed 59 Eegistrars appointed by Governor in Council 59 Salaries and fees of registrars and surveyors 69 Surveyors appointed by Governor in Council, duties, &c 59 Staves AND Bbicks. See Inspection of Provisions, ^c 76 Steam Mills. See Mills and millers 69 Stipendiaby Magistrates. See Shipping and Seamen 55 STIPESfKIARY OR POMCE MAGISTRATES 93 Actions limited _ 95 Appeals in Pictou granted only under section 17 96 same as from judgments of justices of the peace 96 Appointment, duties, powers, &c., of constables 95 stipendiary magistrates 94 Arrest, remand and bail of parties ...., 95 Bail to be taken 95 Civil jurisdiction of stipendiary magistrates 96 Clerk of peace to advertise report of committee 93 give notice of confirmation 94 make out collector's roll for division 95 summon justices to meet in division, &c 9it Commitment by police court 95 warrant of not void for defect 96 Committee of sessions on petition for police division 93 report ofjiow approved •••;••.. 94 to assign limits and name to division 93 Confirmation of report and creation of division after notice 94 Constables, all persons to assist under penalty 95 appointment, powers and duties of 95 salaries of how provided 95 Conviction, (fee, not quashed for want of form 95 Criminal jurisdiction of stipendiary magistrates 94 Pees for services under chapter 96 Form, want of not to avoid conviction or process 95 204 INDEX TO APPENDIXES. PAGE. STIPENDIARY OK POI.ICE MAGISTRATES— Continued. Jurisdiction of stipendiary justices, civil 94 criminal 96 Jury allowed in oases of larceny 94 Larcenies, two justices to try with stipendiary magistrate 94 Limitation of prosecutions 95 Meeting of j ustices to appoint stipendiary magistrates 94 New Glasgow, notice not required for 94 Notice of confirmation of report, how given 94 report advertised by clerk of peace 93 not required for Truro or New Glasgow 94 Penalties, for not aiding constables 96 what inflicted by magistrates, &c 94 Pictou, section 17 to apply to police court of 96 Police court, powers of as to penalties, &c 94 process of how signed 95 to take recognizances for sessions or supreme cotirt or imprison 95 Police division, how created 94 limits and name of assigned by committee 93 meeting of justices in 94 petition for creation of submitted to committee of sessions 93 salaries collected from 95 sessions to make regulations for 96 stipendiary magistrate for how appointed 94 Power of stipendiary magistrates, to punish, &c 94 Process signed by magistrates 95 Eeco gnizances taken by stipendiary magistrates 95 Eegulations for police division made by sessions 96 Eemand and bail of parties 95 Eeport of committee, advertised by clerk of peace 93 how approved 94 Salaries of magistrates and constables how provided and collected 95 Sessions may appoint committee to report on petition for creation of police division 93 to confirm report of committee 94 make regulations for police division % Stipendiary magistrates, appeals from regulated 96 appointed at meeting of justices in division 94 duties and powers of 94 powers of as to fines, &c._ 94 provisions where only one appointed 94 salaries of ho w fixed and collected 95 to appoint and dismiss constables 95 have jurisdiction of two justices in civil matters 96 Truro, notice of report not required for 94 Warrant, &c., not held void for defect 95 SU6AR, REFINING OF 123 Sugar may be refined in bond, how and by whom 123 SiTGAB,, Tare ON. See Inspection of Provisions, Immher, Src 70 Sunday, Dbsbcbation OF. Se& Aeligion, Offences against 106 See JFhheries, JRiver 82 SUPREME COURT AND ITS OFFICERS 90 Clerk of crown, to send calendar of criminal causes, depositions and names of witnesses to grand j\iry in each term 90 Indictments, when made out ^ 90 StJTEEMB CotTBT. See Criminal Justice, &-C. 115,119 RaUroads 32.34,35 SuEVETORS OP Shippinq. See Shim, Registry of 59 Swearing, Pbofane. Public Morals, Offences against ^ 108 Sydney. See Pilotage, Harbors and Harbor Masters 61,62 INDEX TO APPENDIXES. 205 T. PAGE. Taxation by Cakada and Provinces. See B. N. A. Act 143, 144, 147, 150 TIiLi£eiiAPII rOK MIMTAIIY Pl'RPOSES. 49 Building of line of telegraph for military purposes authorized 49 Liabilities and protection of tlie Nova Scotia Electric Telegraph Company ex- tended to Military Telegraph 49 Line, how built 49 not to interfere with line of N. S. E. T. Co. or travel 46 ui5ed only for imperial and military purposes 50 Privileges of N. S. E. T. Co. given to Queen 49 Queen or her officer may cause line to be built 49 Third Series of the Eevised Statutes, chapters and parts of chapters unrepealed 45 wholly repealed 161 enactments not forming part of 121 TiMBBK. ^&% Inspection of Provisions, Sfc 73 Tolls. See JRaUroads 38 Thaps. Fisheries, River 82 Treasubeb, County. See County Treasurer TBEAStmY Notes. See Currency 67 Trespasses. See Petty Offences, Trespasses, S^c 100,102 Railroads 36,37 Trubo. See Stipendiary or Police Magistrates 94 u. Union of Canada, Nova Scotia, and New Brunswick. See B. N. A. Act 128 Unlawful Assemblies. See Public Peace, ^c 108 Useful Inventions. Patents for Useful Inventions 88 y. Vessels. See Fisheries, Coast and Deep Sea '^'^'In'lt Pilotage, Harbors, .^c kn Shipping and Seamen ' ^^S SJnps, Registry of °° Vote BY Ballot. See Ballot at Flectwns ^° Voters. See Flection of Members .... ...... V* who cannot be. See Independence of Assembly ■'^ w. Wages, Seamen's. See Shipping and Seanien 53> 54 Warrant. Criminal Justice, ^c J^° Enlistment, llleged ^"° Stipendiary or Police Magistrates 9o Waste Gate. Fisheri^,'Rive>- «^ Weapons, dangerous. See Public Peace, Sfc , iw Wharfage. See Pilotage, Harbors, 8fC.... ....... "" wfFE AND HUSBAND. SeeDivoirceandMatrimomal,8fC llfi'ilSlig Witnesses. See CrimmalJustice,^c. ..... uo, no, iia Divorce and Matrimonial, ^c »^ Insolvent Debtors, Relief of «» Workmen, Combinations OF. See ComUnations of Workmen 110 206 INDEX TO APPENDIXES. PAGE. Writs, Election. Be» Election of MenAers, ^c. ' 7 Y. Yabmouth. See Pihtage, Harbors, ^e 61 ADDENDA TO THE REVISED STATUTES At the General Assembly of the Province of Nova Scotia begun and holden at Halifax, on Thursday, the 12th day of March, 1874, in the thirty-seventh year of the reign of our Sovereign Lady Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c., frc, &c., being the third session of _ the twenty-fifth General Assembly, convened in the said Province.* *In the time of His Honor the Honorable Adams G. Arclubald, Memlier of the Privy Council of Canada, Companion of the Most Distinguished Order of St. Michael and Ht George, Lieutenant Governor : Stayley Brown, Pi-esident of the legislative Comicil ; Jared C. Troop, .Speaker of the Assembly ; William B. Vail, Provincial Secietary : and Heiuy C. D, Twining, Cleric of Assembly. CHAPTER 1. An Act respecting the Fourtli Series of the Revised Statutes. (Passed the 7th day of May, a.d., ISTi.) Section. Chapter 89 of the Kevised Statutes amended. Appointment of Commissioners of Supreme Court. Powers of Commissioners. 2. Revised Statutes confirmed. 3. How cited. i. Inconsistent law repealed. Be it enacted by the Governor, Council and Assembly, as follows : 1. Chapter 80, of the Revised Statutes, Fourth Styles, " Of ^,|^^ ^^^^, the SujDreme. Court and its Officers," is amended by aclding thsL^iscd" thereto the two following sections : ed^'""' ''""™'*' " 21. The Commissioners for taking affidavits to hold to Appoiiitment of bail and recognizances of bail'in the several counties, shall ofTupren™^'^ be apjDointed by the Governor in Council." t'omt. " 22. Such Commissioners shall have authority to allow po,ye,.g o£ c^j^. writs of certiorari, and also to take affidavits in causes de- missiouers. pending in Court, and affidavits for holding to bail, and on which to found writs of attachment, and of summons against absent or absconding debtors, and specially to endorse writs in manner as practised 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 rendering by bail of their principal; and they shall also have power to take the exami- nation of witnesses aged, infirm, or about to leave the Pro- vince, and to administer oaths to such witnesses." 37 Vic. ADDENDA. 1874. Kevised Statutes uonflnneil. How cited. Inconsistent law pealed. 2. Subject to the alterations and amendments made therein by this Act and other Acts passed during the pres- ent session of the Legislature, the Revised Statutes, Fourth Series, and every matter and thing therein contained, are hereby confirmed and declared to be legal and valid, not- withstanding that the same may not have been arranged, prepared for the press, or published, in exact conformity with the provisions of Chapter One, of the Acts of 1873, entitled, " An Act to provide for the Publication of the Consolidated Statutes," and notwithstanding any additions, omissions or alterations made in such Revised Statutes by the persons preparing the same for publication. 3. ' In citing or referring to the Revised Statutes, Fourth Series, it shall be sufficient to do so by the title of the Re- vised Statutes. 4. So much of the existing law as is inconsistent with this Act is repealed. CHAPTER 2. An Act further to secure the Independence of the Legislature. (Passed the 7th day of May, a.d., 1874.) Section. Member of Legislature becoming candidate to vacate his seat. Penalty for such person sitting or voting. How recovered. SBCIION. Persons found guilty of corrupt practices at election for House of Commons, incapable of sitting in liCgislature. for five years. Be it enacted by the Governor, Council and Assembly, as follows : ■ . Member of 1. If any member of the Legislative Council or House coniS^'candi-^ of Assembly of this Province shall cause, .suffer or permit date lor House himsclf to bc nominated as a candidate for the representa- vacat'eUs'seat." tion of any electoral district in the House of Commons of Canada at any election of members to serve in such House of Commons, he shaU thereby vacate his seat, and shall be incapable of sitting or voting in the Legislative Council or House of Assembly, as the case may be, unless he shall be thereafter re-appointed to such Legislative Council or re- elected to such House of Assembly. 2. If any person who by this Act is made incapable of sitting or voting in the Legislativ-e Council or House of As- sembly does nevertheless, while so incapable, so sit or vote, he shall forfeit the sum of one thousand dollai's for every day Penalty for such person sitting or votinj 1874. ADDENDA. 37 Vic. he so sits or votes; and such sum may be recovered from him now recovered; hy any person who will sue for the same, by any action in any form allowed by the law of procedure in this Province. 3. Any member returned to the House of Copimons of ^<"'^<'" *o""'i Canada, or any candidate at any election of a member or r^t practiceTat members for such House of Commons who has not been re- House Vcom- tumed, who is found guilty before the proper tribunal of STttiH^ta'''^ any offence against the eighteenth section of Chapter 27, of Legislature for the Statutes of Canada for the year 1873, entitled, "An Act *™ ''"'"''■ to make Temporary Provision for the Election of Members to serve in the House of Commons," or against any other existing or future enactment of the Parliament of Canada for the prevention of corrupt practices at elections of mem- bers of such House of Commons, shall be incapable of being a candidate for or of being elected or returned to the House of Assembly or of being appointed to the Legislative Coun- cil for five years next after the commission of such offence. CHAPTER 3. An Act declaratory of Chapter 28, of the Acts of 1863, regulating the Election of Members to serve in the General Assembly, and to Repeal Chap- ter 14, of the Acts of 1872. (Passed the 7th day of May, a.d., 1874.) SECTION. 2. Chapter 14, 1872, repealed. Section. 1. Names of certain persons may be added to or struck off revisors' lists under section 21 of Chapter 28, 1863. Be it declared and enacted by the Governor, Council and Assembly, as follows : i •, i x xi v x i- 1^ . .■ 1. The persons whose names may be added to tiie lists of ^X.1,?:« electors under the twenty-first section of Chapter 28 of the «ddedto»^^.^. Acts of 1863 entitled, " An Act to regulate the Jilection of ors- usts under Members to serve in the General Assembly," are hereby de- ^^aSfises. Glared to include persons who are possessed of the qualifica- tion to entitle them to vote, mentioned m the first section of such Act although they shaU not have been assessed for the requisite' amount, or shall not have been named in the assessment rolls; and the persons whose names are to be struck off such lists are hereby declared to include persons who are not possessed of such qualification, althou^ then- names are mentioned in the assessment rolls as assessed for 4 37 Vic. ADDENDA. 1874. tlie requisite amount of real or jber^onal property, or both, to entitle them to vote. re'^iate'/'^'^''"' ^- Chapter 14 of tho Acts of 1872, entitled, "An Act to lepeaet, further amend Chapter 28 of the Acts of 1863, entitled, ' An Act to regulate the Election of Members to serve in the General Assembly," ' is repealed. CHAPTER 4. An Act to Amend Chapter 28, of the Acts of 1863, regulating the Election of Members to serve in the General Assembly. (Passed the 7th day of May, a. d., 1874.) Section; 1. Sheriff to receive twenty dollars on return ol writ, under section 77, ot Chapter 2S, 1863. SECTION. 2. Inconsistent law repealed. Be it eiiacted by the Governor, Council and Assembly, as follows : Sheriff to re- !• On return of a writ the Sheriff shall hereafter be en- S-ro'iTre'tura'of titled to recsivc from the Provincial Treasury the sum of writ, under sec- Twenty Dollars for each member returned, instead of Six ter^s 1863 '""^ Dollars, as provided by section 77 of the Act hereby amen- ded. Inconsistent law 2. So much of the Act hereby amended, as is inconsis- repeaied. tent with this Act, is repealed. 1874. ADDENDA. 37 Vic. CHAPTER 5. An Act to amend the Law relating to Mines and Min- erals. (Passed the 7th day of May, a. d. 1874.) Section. All lessees of mining areas, other than gold, to place posts or monu- ments at comers of areas^ within year or six months. Marks on posts or monuments. Pro- viso as to submarine areas, &c. Manner of placing posts, etc., notices and survey. Alter forty days, boundaries con- firmed. II boundaries not established. Com- missioner may cause areas to be defined. E-\penses by' whom paid. How re- covered in certain cases. Section. 10. 11. Monuments, by whom, when and how replaced. Damage paid to owner of land. Damages' how ascertained in case of dispute. Appraiser's fees. Penalty for not erecting or replacing' monuments. Penalty for destroying, &c. , monu- ments. Penalties, where and how recovered. Section 25 of Cliaptor amended. Subsequent damages, how ascer- tained in case of dispute. Be it enacted by the Governor, Council and Assembly, a.s follows : 1. AJl lessees of minint>' areas otlier than mining corners of areas, within year or gold mining ah lessees of areas, heretofore leased by the Crown, shall within one year otherthangoui, from the passing of this Act, and all lessees of such areas monument'^^at°' under leases issued after the passing of this Act, shall with- in six months after the issuing of such leases, place or cause six months, to be placed at each and every corner of the areas contained in their respective leases a post or monument of stone or other durable material, of such size, nature and character as the Commissioner of Public Works may hereafter deter- mine. 2. Each post or monument shall have distinguishing ii;"kB on posts letters or a suitable inscription cut or marked thereon, desig- nating the comer where placed. Provided always, that, in cases of areas, any corners of which are covered with water, fubmlrinl'° or where the placing of such posts or monuments at such "i'*''*' *■=• corners would cause private or public inconvenience, it shall be lawful and requisite for the lessees, with the consent of the Commissioner, to place such posts or monuments on the land adjoining such corners, in such positions as shall .be ap- proved by the Commissioner. 3. The area of each lease shall be defined as herein re quired according to the priority of the granting of such lease; nottces'and' and the lessee of the area fii-st leased shall give to the lessees '"'^' of the adjoining areas or their agents a written notice that on a day named — to be not less than ten days after the ser- vice of such notice — a survey will be made for the purpose of establishing the boundaries of the area and placing the posts Manner of pla- cing posts, &c., sur- ey. 6 3T Vic. ADDENDA. 1874. or monuments required by this Act. Such survey shall be made by a sworn surveyor, whose appointment shall l»e sanctioned by the Commissioner ; and such surveyor shall make a return of such survey with an accurate plan thereof to the Commissioner. After forty days, 4. If withiu forty days after such retum has been made boundaries fon- ij-i a. ±^ ri ••■* i«ii -i flimea. by the surveyor to the Commissioner, no complaint be made to the Commissioner that the boundary lines of the area as so defined are not in accordance with the lines as originally defined, the boundary lines of the area as so defined by the surveyor shall, as between the lessees, be held to be the true and correct boundary lines of the area. ifiioundaiiesnot 5. If within the year above mentioned, from disagree- commSsfoner iiieiit Or otherwise, such boundary lines are not established toYe'^deflneT'" ^^^ defined as required by this Act, the Commissioner may cause a survey to be made and the area to be defined as hereinbefore required; and the boundaries so established shall be held to be finally determined. Expenses, by 6. The cxpenses of all such surveys and of the placing w om pill. ^^. gpgg^jQjj Qf j^jl g^glj posts or monuments as required by this Act shall be paid by the lessees of the areas defined ; and, where such surveys are made and such posts or monuments are established by virtue of the next preceding section, Such How recovered expeuscs may bc sucd for and recovered from the lessees in in certain cases. ^-^^ name of the Commissioner, as an ordinary debt of like amount. iiunuinents, by 7. Each monuiiient or post, as often as it shall be des- iTow'repiaccd" troycd or removed, shall be replaced by the lessee at his own expense within one month after he shall be so required by the Commissioner ; and the proceedings therefor shall be the same as hereinbefore required for the original definition of the area. Damage paid to g. Where the lessee is not the owner of the land included in the area leased, and on which the boundary posts or monujnents are required to be placed, he shall be at liberty to set them up on such land, but shall pay the proprietor for the damage caused thereby. Damages, iiow 9. If the proprietor and the lessee cannot agi-ee . on the casf of dispute, amount of such damages, the lessee may call on any three disinterested Justices of the Peace for the County in which the area is to appraise the same. The Justices so called upon shall forthwith appraise such damages ; and their award or that of any two of them shall be final. Appraisers' fees. 10. Each of such Justices of the Peace shall be entitled to one doUar a day for the time actually and necessarily em- ployed in making such appraisement, besides travelling fees at the rate of ten cents per mile to be . computed from the residence of the Justice to the place where the appraise- 1874. ADDENDA. 37 Vic. 7 ment is made : such pay and travelling fees to be paid by the 11. Any lessee neglecting to set up such posts or monu- Penalty jo.- „ot ments or to renew or replace the same when removed or 7^'^>i L.;?,: destroyed, as required by this Act, shall forfeit a sum not ™™*^- exceeding one hundred dollars for every such post or monu- ment he shall neglect to set up or replace. 12. Any person wilfully destroying, defacing, injuring Penalty for do- or removing any such post or monument, or attempting sS Silfe-t' to do, snau torteit a sum not exceeding one hundred dol- lars for each offence. 13. Any penalty under this Act shall be recovered in the Penalties, where name of the Commissioner, before two Justices of the Peace covceci'' ''" for the County wherein the offence is committed, in the same manner as an ordinary debt, 14. The words following are added at the end of the section 25 .t twenty-fifth section of Chapter 9, of the Revised Statutes, ^Se?' *'^- Fourth Series, " Of Mines and Minerals," heretofore the thir- tieth section of Chapter 1, of the Acts of 1869, entitled, "An Act to consolidate the Statutes relating to Mines and Mine- rals," that is to say : " Where an agreement cannot be sm,se(,ue„t made with the owner of the land for any such subsequent damages, how damages, the holder of the lease may proceed to have them rasfo'f^usput".' referred to arbitration in the manner provided and set forth in this and preceding sections with reference to the assess- ment of damages to lands and for entry," CHAPTER 6. An Act declaratory of the Chapter of the Revised Statutes, " Of Boards of Health and Infectious Diseases." (Passed the 7th day of May, A. d. 1874.) Seciion. 1.—" ReasouaWe Expenses, " in section 12, Chapter 29, Kevised Statutes, to in- • elude metUcal attendance, ffic. Be it enacted by the Governor, Council and Assembly, as follows : 1. The words "reasonable expenses," in the twelfth section "Eeasonahie of Chapter 29 of the Revised Statutes, Fourth Series, " Of Snllfchap; Boards of Health and Infectious Diseases," shall be construed |^^t,^^g^^™2i'l to include all medical attendance and services bestowed and ciude medical performed, and medicine supplied by Physicians, when re- ""endance, &c„ quired by any Board of Health to be bestowed, performed and supplied^ under the provisions of such Chapter. 87 Vic. ADDENDA. 1874. CHAPTER 7. An Act to amend the Chapter of the Revised Statutes, " Of Public Instruction." (Passed the 7lh day of May, a. d. 1874.) 1. County Scliool Rate, when refxindeil in ciise ol deaf, itc. , children. SECTION. 2. EeDeal. Be it enacted by the Governor, Council and Assembly, as follows : County School 1. The aniount of County School Rate assessed upon any ftmded^in "case person who has deaf, dumb or blind children to educate, shall children*''" ^^ refunded to him but of the general county funds, upon the certificate of the Trustees of the school section in which he resides, that he has been obliged to send such children out of the section to be educated. Kepeai. 2. So much of the Chapter hereby amended as is incon- sistent with this Act, is repealed. CHAPTER 8. An Act to amend the Chapter of the Revised Statutes, ".Of the Settlement and Support of the Poor." (Passed the 7th day of May, a. d. 1874.) .Skctios. I Sectios. '"if Section 11 amended. 1 2. Repeal. Be it enacted by the Governor, Council and Assembly, as follows : 1. The words, " A sum not exceeding Two Dollars," are ended." ^^ °"' substituted for the words " One Dollar," in the eleventh section of the Chapter hereby amended. Repeal. -• "^f* much of such Chapter as is inconsistent with this Act, is repealed. Section 11 am- 18^4. ADDENDA. 37 Vio. CHAPTER 9. An Act to provide for the paying of Surveyors, when employed by the Courts of Sessions in laying out Roads. (Passed the 7th day of May, a.d., 1874.") Section. 1. Pay of Surveyors fixed. Section. 2. Repeal. Be it enacted by the Governor, Council and Assembly, as follows : 1. From and after the passing of this Act, all sm-veyors Pay of survey- appointed by the Courts of Sessions for laying out roads, "'^ "'''*''• shall be entitled to be paid out of the County or District Treasury not less than two nor more than three dollars for each day so employed. 2. So nmch of the existing 1^ as is inconsistent with KepeaL this Act is repealed. CHAPTER 10. An Act respecting Materials for Public Works. (Passed the 7th day of May, a.d., I87i.) Section. Materials for Public Works, how taken from private laiiils. Dam- ages how appraised aud paid. SECTION. Certain land, &c., exempted from Section 1. Repeal. Be it enacted by the Governor, Council and Assembly, as follows : 1. Whenever it shall be necessary for any Commissioner Materials for appointed by the Governor in Council to erect, build or re- how takln "from pair any public wharf, pier, building or other pubhc work, private lands, to procure materials therefor, and such materials can be ob- tained on lands owned by any person, but, through the obstinacy or absence of the o-^vner, or from any other cause, no agreement can be made with him for the the purchase of such materials, the Commissioner may enter upon such lands with workmen, carts, horses and teams, and thereupon for the purposes of such public work, dig up and carry away soil, stones and gravel, and cut down and carry away bushes, 2 10 37 Vic. ADDENDA. 1874. Damages, how appraisett anit paid. Certain land, &c exempted from Section 1. Kepeal. poles and brushwood ; and the damage done thereby shall be appraised by three disinterested freeholders, nominated by the nearest Justice of the Peace ; and the sum appraised shall be paid by the Commissioner, to the owner of the lands if demanded within three months, or otherwise into the Trea- sury of the County where the lands lie, for the use of the person'entitled thereto. 2. Nothing herein contained shall be construed to permit any such Commissioner to enter on any garden or yard attached to ,a homestead, or on any land under crop, or meadow or other cultivated land, save for the purpose of passage in case of necessity ; nor to permit him to cut down or take away, any fruit tree or ornamental tree. 3, So much of the existing law, as is inconsistent with this Act, is repealed. Mection 10, of Cliapter 52, Re vised Statutes, how enforced. CHAPTER 11. An Act to amend Chf«f)ter 52 of the Kevised Statutes " Of certain Provisions respecting Railroads.'' (Passed the 7th day of May, a.d., 1874.) Section, l.— Section 10 ot Chapter 52 Revised Statutes, how enforced. Be it enacted by the Governor, Council and Assembly, as follows : 1. Whenever complaint .shall be made to any Justice of the Peace that the provisions of section 10 of Chapter .52 of the Revised Statutes, "Of certain Provisions respecting Rail- roads," have not been fuUy complied with, such justice shall forthwith notify the agent or secretary of the railway com- pany complained of, of the substance of such complaint, and if there be no resident agent or secretary, shall post up notices of such complaint in some conspicuous place on the works of such company ; and if within ten days after such notice or notification, such company shall not fully carry out the pro- visions of such section to the satisfaction of such justice, then such justice may authorize any person to make all such re- pairs and outlays as may be necessary fully to carry out the provisions of such section at the expense of such company ; and in default of payment by such company of the' expenses so incurred, they may be sued therefor as for a private debt due by such company. 1874. ADDENDA. 37 Vic. 11 CHAPTER 12. An Act to alter and amend the Act to encourage the Building of certain Railways. (Passed the 7th day of May, a. d., 1874.) Section. Aid to Railways in Chapter 17, 1872, to be as follows : — Western Coun- ties Railway Company. Railway from Kew Olasgow to Strait of Cause. Spring HiU and Farrs- boro' Coal and Railway Company. Character and location of roads, to be approved by Governor in Coun- cil. Moneys paid as follows : Sums payable in cash or debentures. Debentures described. Security for debentures. Debentures may issue, to what amount, &e. Interest. Principal, when and where payable. Paid to and accepted by Companies at par. Section. Secuiity to be given, by Spring Hill and Parrsboro Coal and Railway Company. Western Counties Railway Co. Company underta- king Eastern Road. Governor in Council to grant Crown Lands on lines, for track, &c. Western Counties Railway Company may act under Chapter 17, 1872. If no security given for road from New Glasgow to Strait of Canso, Governor may negotiate for road to Louisburg under Chapter 17, 1872. Repeal. Be it enacted by the Governor, Council and As.semblj', as follows : 1. The aid to the several lines of railway mentioned in A'd to railways Chapter 17, of the Acts of 1872, entitled, "An Act to en- ma, t? be L' conrage the Building of certain Railways" shall be as here- '""""^ ■ inafter specified, that is to say : (1.) An allotment of Fifty thousand acres of Crown Land ^//xaiiwa"""' in the County of Digby, and one hundred thousand acres in company. the Coimty of Yarmouth, if there shall be that quantity of ungranted lands in such Counties respectively, and a subsidy of six thousand dollars per mile, to the " Western Counties Railway Company," if they shall construct a line of Railway from Annapolis to the Town of Digby, thence following the ceneral course of the main road to Weymouth, crossing the Sissiboo River within one mile of the present Post Road Bridge, and thence to Yarmouth, such railway to pass within three miles of the bridge by which the Post Road crosses the Meteghan River, if practicable. (2.) An allotment of one hundred and fifty thousand BaUw^Yasgow to acres of Crown Lands in the Counties through which a line strait of canso. of railway from New Glasgow to the waters of the Strait of Canso shall pass, and a subsidy of five thousand dollars per mile, to any body corporate or incorporated company that shall construct such line of railway; and, . \.. „.„ , (3 ) An allotment of ten thousand acres of Crown Land, |Soro' coT in the County of Cumberland, and a subsidy of five thou- -^^^»«--y sand doUars per mile to the "Spring HiU and Parraborough Coal and Railway Company, limited," if they shall construct 12 37 Vic. ADDENDA. 1874. Moneys paid as llowa. a railway from Spring Hill to Parrsborough, with suitable and sufficient appliances adapted to a large mineral traffic. Character and 2. TliB Several lines of railway to be constructed under to° 1)6° approved the provisions of this Act, shall be made on such grades, coiScIf""' "' '^it^ such curvatures, and of such class and character, res- pectively, as the Governor in Council may determine ; and the routes and locations of such lines shall also, in all cases, be subject to the approval of the Governor in Council. 3. The aid to be granted to such lines of railway shall be paid as hereinafter provided. If the " Western Counties Eailway Company," in respect of the line of railway from Annapolis to Di^by, Weymouth and Yarmouth, the " Spring Hill and Parrsborough Coal and Railway Company, limited," in respect of the line of railway from Spring Hill to Parrsborough, and any incor- porated Company, in respect of the line of railway from New Glasgow to the waters of the Strait of Canso, shall offer" to construct the same, and shall give assurance or giiarantee of their respective ability to prosecute and construct the same to the satisfaction of the Governor in Council, the Governor in Council is hereby authorized and empowered to consent and agree to the building of such lines or any of them bj"^ such companies respectively. Any such agreement shall be in the name of the Queen, and shall be Subjeict to and eon- tain such securities, clauses and cpndition& for ; pr6teetrng the public interests, and for securing the completion of su^jh lines of railway, as the Governor in Council may deem ne- cessary. And so soon as it shall be satisfactorily proven to the Governor in Council that any of such companies shall have bona fide expended the sum of, forty thousafid dollars in actual expenditure on the road undertaken to be built by them, it shall be lawful for the Goyernoi' in Council as the works on the several roads progress, toipay to such company the sum of twenty thousand dollars as a portion of such aidj and so on in like manner from time to tihie pi'o xata, until' the whole of the road undertaken by such company shall be fully completed and in efficient operation, — with a guage of four feet, eight and one-half inches, with all necessary sta- tions and station houses, and with. substantial and sufficient locomotives and rolling stock for the accommodation of pas- sengers and the transportation of freight,— when the balance of such aid of six thousand dollars , per mile for the railway from Annapolis to Digby, Weymouth and Yarmouth, apd the balance of the sum of five thousand dollars per mile for the railways from Spring Hill tp , Parrsborough, and from New Glasgow to the Strait of Canso, respectively, and no more, shall be paid. 4. The sums payable under and by virtue of this Afct 1874. ADDENDA. 37 Vic. 13 shall be paid out of any moneys belonging to the Province, sums payable in or by handing over to the company entitled thereto Provin- tuSs" ""''"' cia,l debentures, to be issued as hereinafter mentioned, at the option of the Governor in Council. The debentures shall be Debenture, des- m the iorm to be hereafter directed by the Governor in "'"'"''■ Council: they shall be signed by the Lieutenant Governor, and verified by his seal of office, and also countersigned by the Provincial Treasurer. They shall be numbered consecutively, commencing with number One. Subject to the civil list, the security for ae- taith and credit of the Province and the ordinary revenues '"^"t"'" thereof shall be, and hereby are declared pledged to any and every holder of such debentures. 5. For the purposes of this Act, the Governor in Council ?sue"{o'v hat"'' is hereby authorized, from time to time as shall be necessary amount" It to issue debentures to an amount not exceeding in the whole One million one hundred thousand dollars, payable in Can- ada currency, with coupons attached, bearing interest at the interest rate of six per cent, per annum, payable semi-annually, in such form, verified and authenticated in such manner, in such amounts not less than five hundred dollars each, and on such conditions, as the Governor in Council may pres- cribe ; the principal of such debentures to be paid in full, at Piii'^iwi. whm J.1, ■ • -, . n f I n ,1 1 , ■',. ■ . , , ™'' where pay- tne expiration oi lorty years from the date of issuing them ahie. respectively, to the holders thereof, either at the Treasurer's Office at Halifax, or in London, Great Britain ; and any de- ^""^ ]''.,*"'! ^'=" benture so issued shall, if the Governor in Council so clirect, panies at* par'" be paid, at par, in part of the aid in this Act mentioned, to any of such companies building any of the lines of railway hereinbefore mentioned ; and any of such companies shall be bound to accept any such debenture, at par, in lieu of money. 6. To entitle such companies respectively to the benefit security to iie of this Act, the " Spring Hill and Parrsborough Coal and f?.™"' i;y spring 4, ,~ , , ^ , Hill aiKi PjiiTs- Railway Company, limited," shall give security, to the satis- boro' coai ami faction of the Governor in Council, to complete the line of ^''"'"*'' "^^ railway from Spring Hill to Parrsborough within two years from the passing of this Act ; the " Western Counties Rail- tTesMwayco, way Company" shall give security, to the satisfaction of the Governor in Council, to complete the line of railway from Annapolis to Digby, Weymouth and Yarmouth, within three years from the passing of this Act ; and any incorporated ukffgTaator' company offering to construct the line of railway from New ^°^^- Glasgow to the Strait of Canso, shall within one year from the passing of this Act enter into a contract with Her Ma- jesty the Queen for its construction and completion within three years from the passing hereof. 7. When any of the lines of railway in this Act men- counciUo'grant tioned shall pass through Crown Lands, the Governor in fi;;"™(o^.''t°.acr Council shall issue free grants to the Company constructing &o. ' 14 37 Vic. ADDENDA. 1874. Western Coun- ties ilailway Company may act under Chap- ter 17, 1872. If no security i^iven for road from New Glas- f^ow to Strait of (Ainso, Governor may negotiate for road to Louis- burg under Chapter 17, 1872. Repeal. the Baine of so much of such Grown Lauds as may be neces- sary for track, sidings and stations. 8. NotAvithstanding anything in this Act contained to the contrary ; if the " Western Comities Railway Company" aforesaid shall elect to build the railway from Annapolis to Digby, Weymouth and Yarmouth under the provisions of the Act hereby amended relative to such railway according to the requirements of the Governor in Council, instead of under the provisions of this Act, such company shall be en- titled to receive the subsidy and Crown Lands in such amended Act mentioned, in place of the aid hereinbefore specified. 9. Provided always that should no company furnish the security required to construct the line of railway from New Glasgow to the Strait of Canso, as contemplated in section three of this Act, according to the true intent and meaning thereof, the Governor in Council shall be at liberty to nego- tiate with any body corporate to construct the railway from New Glasgow to Louisburg in accordance with the terms and provisions of Chapter 17, of the Acts of 1872, anything herein to the contrary notwithstanding. 10. Section three of the Act hereby amended and such other portions thereof and of any other Act as are inconsis- tent with this Act are repealed. CHAPTER 13. An Act for the Preservation of useful Birds and Ani- mals. (Passed the 7th day of May, a. d. 1874.) No lloose to lie killed between 1st September, 1874 and Ist Septem- ber, 1877. Existing law when to be in force. Close season for paitridge, wood- cock, &c., prescribed. Posses- sion of bird evidence of guilt. Woodcock killed only at certain hours. Each bird a separate offence. Pen- alties. Penalty for violating Seetiijn 1. Proceedings to obtain search war- rant. Snares for moose forbidden. Section. 13. No Beaver to be killed from 1st September, 1874 tolst September, 1877. Close season for hares and rabbits. Penalty. Penalty for offences against Sec- tions 13 and 15, of Chapter 73, Kevised Statutes. Penalties \mder Act, how recovered, &c. Commissioners or Wardens, and deputies, their appointment, pow- ers, duties and compensation. .Tnsticea of Peace to enforce Act, Ac. , under penalties. Repeal. Be it enacted by the Governor, Council and Assembly, as follows : 18*^4. ADDENDA. 37 Vic. 15 1. No person shall kill, or pursue with intent to kill, any Nomoobe to ue moose, or shall expose for sale, or have in his possession any m leptemS green moose skm, or fresh moose meat, or any part of the ton,,er'\\\V*''"' carcase of a moose, for the period of three years, connnenc- ing on the first day of September, in the present year, and ending on the first day of September, A.D., 1877. Previous Existing lav/ to the commencement and after the termination of such }^',!^^' *" ''" '" period, the provisions contained in the Chapter of the Fourth Series of the Revised Statutes " Of the Preservation of Use- ful Birds and Animals," with reference to the preservation of moose, shall be in foixe. 2. No person shall take or kill, or attempt to take or kill "-''"fo.s.^^son for any partridge between the first days of January and October cook, &c.', iircs- in any year, or shall sell, buy or have in his possession any """"' partridge so taken, between such last mentioned days both inclusive ; and no person shall take or kill, or attempt to take or kill, or have in his possession any woodcock, snipe, blue- winged duck, or teal, between the first days of March and September in any year. The possession of any such bird i^^frtriwdem'- of during the close season prescribed in this section in respect guiit. of such bird shall be presumptive evidence of such bird having been illegally kiUed or taken. No pei-son shall kill XiHert "i!."' any woodcock before sum-ise or after sunset. '""i"' ^^^^ 3. The killing, taking, or having as aforesaid each part- Each Wrd a^ ridge, woodcock, snipe, blue-Avinged duck, or teal, shall be ' ' deemed to constitute a separate offence ; and any person viola- Penalties. ting the next preceding section, shall be liable to a penalty of not less than five nor more than ten dollars for each offence, and an additional penalty of one dollar for each bird so taken or killed after or in addition to the first bird. 4. Any person violating the first section of this Act Penalty for vio- shall be liable to a penalty of not less than thirty nor more """'» ®''""" ^ than fifty dollars for each offence ; and the meat, skin, or any part of the moose, if discovered, shall be destroyed. .5. Whenever any person shall make affidavit before a i'J°;;f,^'^i;;«J„'" Stipendiary Magistrate or before a Justice or Justices of the warrant. Peace, that he has reason to suspect and does suspect that moose hides are concealed on the premises of any person, it shall be lawful for such Stipendiary Magistrate, Justice or Justices to cause a search warrant to be issued, authorizing the person to whom it is addressed to search such suspected premises, and to seize and to take aAvay any such hides found therein, to be dealt with according to law G. No person shall set any snare or trap for the destruc- ,^--^»"-'-' tion of moose under a penalty of one hundred dollars for each offence; and any person finding any such snare or trap may destroy the same. -j., ■ i ,. ,. tu , . . ^ 7. No person shall kill or pursue with intent to kill any ^o Beaver to ,>e beaver, or shall expose for sale or have m his possession any September, i874 16 37 Vic. ADDENDA. 1874. toist st-ptem- beaver skin or other part of any beaver killed in this Pro- vince, for a period of three years, from the first day of Sep- tember, A. D. 1874; under a penalty of not less than ten nor more than fifteen dollars for each offence. (lose r.casoii for 8. No pcrson shall kill or -pursue with intent to kill any hares audi a)- bares or rabbits or shall expose for sale or have in his pos- session any hares or rabbits between the first days of March and September in any year. No snares shall be set for hares or rabbits during such period, and all snares shall be Penalty. taken up during the same. Any person violating this sec- tion shall be liable to a penalty of five dollars for each offence. The possession of any hare or rabbit after the fifth day of March shall be presumptive evidence of the same having been illegally killed or taken. Penalty for 9. The penalty for each offence against the thirteenth sectirs if muf section of the Chapter of the Revised Statutes, Fourth RCTLea'sti't-"' Series, " Of the Preservation of Useful Birds and Aniia&Js," utes. shall be two dollars ; and the penalty for each offence against the fifteenth section of such Chapter shall be five dollars. Penalties, under 10. All penalties imposed by this Act may be recovered LwoTOr*!' iQ a summary manner before a Stii^endiary Magistrate or before one or two Justices of the Peace, in the name of any person who may sue for the same, and when recovered shall be paid, one half to the informer and the other half to the prosecutor; and in case the amount of penalty and, costs be not paid, the defendant shall be committed to jail and shall not be admitted to the benefit of the Chapter of the- Revised Statutes, Third Series, " Of the Relief of Insolvent Debtors," until he shall have undergone an imprisonment, without jail limits, of one day for each dollar of such penalty and costs. Commissioners H. The Govemor in Council shall immediately after the depuHes?'th'eir' P^ssing of this Act appoint — for each district which shall be «ppoiiitm«nt. hereafter set apart by such Govemor in Council for such anil compensa- purposc — a Commissioner or Warden, who shall make oath ''""• for the proper discharge of his duties, and whose duty it shall be to see that the provisions of the law are carried out and particularly to prosecute all persons offending against it in regard to the preservation of game. It shall also be his duty to assist the oflicers of the Government of the Dominion of Canada, as far as possible, in the canying out of the laws for the preservation of the inland fisheries of the Province. Such Commissioner or Warden shall have power to appoint in writing deputies under him to assist him in the discharge of his duties. The District Commissioners or Wardens and their deputies shall receive such ajmual sum for their ser- vices, respectively, as the Governor in Council shall deter- mine. eiXrce'Act'L., ^^: ^* shall be the duty of all Justices of the Peace, Sti- unuer peuaitifs! pendiary Magistrates, constables, policemen, aftd market 1874. ADDENDA. 37 Vic. 17 clerks to enforce the provisions of this' Act and of any other enactment for the preservation of useful birds and animals, whenever the infringement thereof comes under their notice, under a penalty of not less than ten dollars for each omis- sion of duty. 13. So much of the Chapter of the Revised Statutes, Fourth Series, " Of the Preservation of tJseful Birds and Animals," or of any other enactment, as is inconsistent with this Act is repealed. ' . ,' Bepeal. CHAPTER 14. An Act to amend the Chapter of the Kevised Statutes '' Of Licenses for the Sale of Intoxicating Liquors." (Passed the 7th day of May, a.d., 1874.") Section. Section. Liquors upon premises of person previously convicted, how seised in certain cases. Notice to be given to party ac- cused. Penalty on conviction. After second conviction. Confiscation to be a cumulative penalty. Liquors found within mile of mi- ning works, to be destroyed. 'Sir licenses in gold district, or with- in mile of coal mine, &c. Licenses, how to be granted here- after in City of Halifax. City divided into licensing dis- tricts. Kepeal. Be it enacted hy the Governor, Council and Assembly^ as follows : 1. In any polling district or licensing district in which ^^fi^'^rs upon 1 1 X J • /> 1 1 n premises oi per- no licenses are granted, any Justice oi the reace, upon com- son previously plaint being made to him by the clerk of license or by any sSi in^cJSu other person, shall issue a warrant for the seizure of liquors "^''^*■'• found upon the premises of any person who has been pre- viously convicted of violating any of the provisions of the Chapter hereby amended. 2. Five days notice shall be served upon the owner or ^-"^'j^j*" Jj^^j occupier of such premises to furnish proof at the trial that accused. such liquors were not kept or intended for illicit sale ; and should he fail to substantiate his innocence to the satisfac- tion of the Court, the liquors shall be declared confiscated. Penalty on con- and a warrant, returnable within thirty elays from the date^ thereof, shall be issued, and such liquors shall be destroyed forthwith. After a second conviction, such liquors, Avhen so ^J^'^Jj^k'^"'"^ found, shall be forthwith seized and destroyed without notice or trial. 3. Any person having such liquors so found upon his b™a cmmXto'e premises confiscated as aforesaid shall, in addition to such penalty. 3 18 37 Vic. ADDENDA. 1874. confiscation, be subject to the penalties prescribed in the Chapter hereby amended for violating the provisions of such Chapter. Liquors tounrt 4. Anv clerk of license or Justice of the Peace, or any within mile of "Ii-ti iij-t ti- • mining works, person authorized by a clerk oi license or Justice may seize to be iiestroyed. ^^^ destroy all intoxicatiug liquors found exposed or in- tended for illicit sale within a mile of any mine or mining works, and, for that purpose, if necessary, upon reasonable grounds of suspicion, may enter into any house or building within a mile of such mine or mining works, and seize, take ""o"ia'dTatrict"or ^^^'^7 ^^ destroy all such intoxicating liquors : and no within mile of liccuses sliall hereafter be granted in any proclaimed gold gOfti mine, t. ^jg^pjg^^ qj, -v\rithin a mile of any coal, iron or other mine or mining works. Licenses, how to 5. Liccnscs for the sale of intoxicating liquors shall only a'ftfr iS aty"f be granted within the City of Halifax by the City Council Halifax. upon the recommendation of the License Committee, con- curred in by two-thirds of such committee, and accompanied by a petition from a majority of the rate-payers of the licensing district, in wliich the license is proposed to be granted, praying for such license. The genuineness of the signatures of such petitioners shall be established by affidavit • to the satisfaction of the City Council. City ciiviiieii into G. Such City Council shall have power to divide the trS"'° '^"''^ wards of the City into licensing districts containing not less than one hundred rate-payers each, and shall, each year, have prepared, from the assessment rolls, lists of the rate-payers in each licensing district, which, when approved, shall be re- garded as authoritative lists of the rate-payers in such dis- tricts ; and, until the City Council shall define such licensing districts, each polling district in the City shall be considered a licensing district. Kepeaii 7. So inuch of the Chapter hereby amended, or of any other existing enactment as is inconsistent, with this Act, is repealed. 1874. ADDENDA. 37 Vic. 19 CHAPTER 15. An Act to prevent the sale of Intoxicating Liquors at Camp Meetings. (Passed the 7th day of May, a. d., 1874.) Section. 1. Intoxicating liquors not to be sold within three miles o£ camp meet- ings. Penalty. Section. 2. Arrest anil commitment of offen- ders. 3. Act not to affect hotels, &c. Be it enacted by the Governor, Council and Assembly, as follows : 1. No person shall open or keep open any booth, shop, intoxicating tent or place for the sale of, or shall in any way expose for besoifiwit.wn sale or sell, any spirituous liquors, wine, ale, porter, cider, or ^^^^^^^ Seetingl other intoxicating beverage within, or within three miles of, the grounds occupied by any of the gatherings or assemblies of persons for devotional and other religious exercises called and known by the name of Camp Meetings, under a penalty of penalty. fifty dollars for each offence; which penalty shall be recoverable as a private debt by and in the name of any person who will sue therefor, before any two justices of the peace. 2. Any person violating the provisions of the preceding 4™**,™of'°o"-' seetion may be arrested on view by any peace officer and fenders. taken before a justice of the peace, who, upon the oath of such peace officer, may commit the offender by warrant under his hand to the common jail of the county or district, unless he confess the offence and pay the penalty, or give security for his appearance to take his trial, at a time named by such justice, before any two justices as aforesaid. .S. This Act shall not extend to or affect any regularly Act^not^to affect established or duly licensed hotel, tavern or refreshment saloon, existing before the commencement of such camp meetings. 20 37 Vic. ADDENDA. 1874. CHAPTER 16. An Act to provide for the Transfer of Indentures Apprenticeship in certain cases. of (Passed the 7th day of May, a. d., 1874.) SEC'TION. Indentures, &c., made in United Kingdom. Jjind- ing- here. Tr.ansfer of guardianship, what deemed, and effect of. :.Ian£iger6 of charitable insti- tutions, when deemed guar- di.ans — their powers as such. Indentures, &c., made in the I'nited Kingdom, binding here. Transfer of guardianship, what deemed, and effect of. Managers of charitable institutions, when deemed guardians — their powers as such. Agreement of transfer, how proved. Section. Several children nniy be included in one agreement. Certain powers retained, where child placed out under section 3. Penalty for enticing or aiding child to leave guardian, &c. Agreement, proof of gu^i'tliausliip. Application of Act. Agreement of transfer, how proved. Severid children may be included in one at^.ree- ]nent. Be it enacted by the Governor^ Council and Assembly, as follows : 1. Indentures of apprenticeship or transfers of minors entered into in the United Kingdom, .shall be in all respects binding in this Province. 2. An agreement entered into in writing by the parent or next of kin of a minor, to assign all rights whatever over such minor, to a third person named in such agreement shall be considered a transfer of guardianship, and shall be bind- ing, in the case of males untH they attain the age of twenty- one years, and in the case of females until the age of twenty- one, unless sooner married. 3. In the case of children taken into Charitable Insti- tutions, or "Refuges " or " Homes," over whom all rights of guardianship are assigned by their guardians or relatives to to the Committee or Managers of such Institutions, such Managers or representatives of Committee shall be considered and recognized as the legal guardians of such children, and shall have power to transfer all rights of guardianship, recognized agents; and such persons so qualified as legal guar- dians, or the agents of such persons, shall have full poAver to bind out any such child or children, and transfer all rights of guardianship to any person or persons, willing to receire such child or children, and contracting in writing to fulfil such obligations, as may be required by law of a parent or guardian. 4. The signatures of any such person giving over, and of such person taking over the guardianship of a child or children, to a document accepting this undertaking shall l>e proof in law of such agreement. •5. It shall not be neeessaiy that a separate document be prepared in the case of each child so assigned ; but a docu- ment headed with the contract of agreement, and bearing the 1874. ADDENDA. 37 Vio. 21 signature of eacli person accepting the guardianaliip of a child opposite the name of the child so bound over, shall he legal proof of such acceptance, and the signature to such document of the person giving over the guardianship shall bu legal proof of the transfer of guardianship. 6. In the case of a child placed out in this Province as '-'•''■'!"» P'^^^'s expressed in Section 3 of this Act, the agent of the Committee chiuipSLTiZ? shaU retain all powers of supervision and removal as reserved ™''"' section 3. by him in the contract of transfer of guardianship. 7. Any person who shall take away or induce any child ^euaity for en- leave tne employ 01 any such guardian so appointed, or chiia to leave who shall, without the consent in writing of the appointed ="'"'"™' *"• guardian and of the agent of the committee, take into his house or in any way harbor any minor bound over as provi- ded in the third section of this Act, shall, upon conviction thereof before two iustices, be fined the sum of forty dollars. 8. The production of the document mentioned in the p,^;u,"„,™'ij,.. fourth and fifth sections of this Act, duly . signed as therein iiiansiup. mentioned, shall be held to be legal proof of guardianship. 9. This Act shall apply only to children brought into Application of this Province from abroad. CHAPTER 17. An Act declaratory of tlie Law respecting the qufilifica- tions of the Principal Judicial Officers. (Passed the 7th day of May, a. d. 1874.) SECTION 1.— Protlionotary, being barrister, deemed 'practising,' under Chapter SO, E. ,S. Be it declared and enacted by the Governor, Council and Assembly, as follows : ^ , , , „ , 1 A barrister holding the office of Prothonotary shall be Prothonotary i. xi- uttiJ-iaut^i ±1.^ o . T " . n being barrister, deemed to be practising, within the intent and meanmg ot deemed 'practi- the Chapter of the Fourth Series of the Revised Statutes, ^\'^^^;t™^9^\g " Of the Supreme Court and its Officers." 22 37 Vic. ADDENDA. i874.- CHAPTER 18. An Act to establish County Courts. (Passed the 7th day of May, a.d., 1874.) County Coui-t3 to be estab- lished. Province to be divided into districts. l.i. 16. 17. 18. If). •20. •21. 24, 25. 23. 29. County Couvts to be established. Province to be divided into dis- tricts. ^ One judge to be appointed for each district. •Tudgea to preside over County Courts witliin their respective districts. Length of Sittings of such Courts. Notices of trial, &c. Holding of Chambers. Clerks to be appointed by r.'over- nor in Council. Such Clerks to appoint Deputies. clerk [to adjourn Court in case of unavoidable absence of Judge. .Judges not to pi'actise during office. Form of oath for Judges, Procedure governed by decisions of Supreme Court. .Vctions not under jurisdiction of County Courts. Tiu'isdiction of such Courts. Certain pleadings to be upon affida- vit. .Tnd.ge may change venue. Issuing of process, &c. Powers of Clerks of such Courts. Commissioners. Judg-nient as in case of uon-suit in certain cases. Certain Acts of the Proviuce to ap- ply to th«ae Courts. Clerk of such Court shall file all pa- pers and keep books of record and judgments. Clerk to furnish certificate of judg- ment when required. Clerk may tax costs in certain cases. Execu- tions. Replevin in such Courts, Proceedings against tenants hold- ing after expiration of their ten- ancy. Power of such Courts in suits against absent and absconding debtoi's, &c. Summary jiu'isdiction of Supreme Court abolished. Executors or administrators may sue and be sued in such Courts. County Courts may issue writs into other Counties. .Section. 30, 81. 32, 33, 34, 36, 37. 38. 39, 40. 41. 42, 46. 47. 49. 50, 61, S2. 64, 55, 56. 67. Causes to be tried without juries, except in certain causes. Shei-iff to summon jurors from with- in five miles of Court House. Juiy to consist of five. Such Jurors to be subject to like penalties as in Supreme Court, Judges of County Courts to be Justi- ces of the Peace. Judges of such Courts to ma.'ke rules regulating form of proceedings, to be submitted to Judges of Su- preme Court. Such Courts to have same power of amending errors in ci\il causes as Supreme Court, Penalty f op-«ontempt of Court. Sheriffs fees. Affidavits, before whom sworn. Judges may issue orders forprisoners to appear and give evidence in causes. Capias may issue out of such Court, Sheriff to arrest within one month after date of such capias, Further proceedings where party ar- rested under process to be accor- ding to practiceof Supreme Court, Practice not provided for by the Act - to be arranged by Judge of such . County Court, Judge may grant rule- for execution for costs. Sheriff's fees. Only Attorneys of Supreme Court to practise in such Courts, Proviso, Governor in Council to provide seals for County Courts, Fees. Costs of suits defaulted to be taxed by Clerk of Court. Appeal to Supreme Court, Coimty Courts or the judges thereof to have power to grant certain rules and orders. Stay of proceedings upon appeal, &e. Payment of Jurors fees, &c. Jurisdiction of City Court in certain cases abolished. Inconsistent law repealed. Act to go into operation— when. Be it enacted by the Governor^ Council and Assembly, as follows : 1. There shall be established in this Province, Courts of Law and of Kecord to be called County Courts. 2. For the purposes of this Act, this Province shall be divided into seven Districts, to be made up as follows : District Numher One : Of the County of Halifax, 1874. ADDENDA. 37 Vic- 23 B'tsfrid X amber Tv:o : Of the Counties of Lunenburg, Queens and Shelburne. District Xmnber Three : Of the Counties of Annapolis, Digby and Yarmouth. District Xmnher Fuur : Of the Counties of Kings, Hants and Colchester. District Nil inbvr Five: Of the Counties of Pictou and Cumberland. District Nmnhcr I'^ix : Of the Counties of Inverness, Antigonishe and Guysborough ; and District Number Seven : Of the Counties of Cape Breton. Victoria and Richmond. 3. There shall be one Judge appointed for each district; !;'ppji",ti;if'°.'"' who shall reside within the district for which he is appointed, each custiiut. and shall hold oiEce during good behavior. Every such Judge shall be a Barrister of the Supreme Court of this Pro- vince of not less than seven years standing. 4. The Judges of the different districts shall preside over Judges to pre- the Courts to be held in the counties comprised within their courtrwSwif '^^ respective districts ; and such courts shall be held for sixch ais^tiictf"^^'"" times and in snch places as the Governor in Coimcil shall by proclamation appoint. 5. The sittings of such courts in the respective counties Longtii of sit- shall continue so long as the business shall require ; but the courts. same shall not continue longer than tAvo days before the day appointed for opening the Court at the next place to which the presiding judge at such Court shall be about to proceed. G. Notices of trial shall, in all cases, designate the place xoticesof tnais, within the county at which, and the time when the plaintiff *'" intends to try his case : provided that a Judge, at chambers or in Court, on application shall have power to remit a cause to any other party of the county where the .Coiirt is holden, if it shall be made to appear to his satisfaction, on affidavit, that such cause can be more conveniently tried in such other place, or that the place of trial named in the notice was se- lected with a view to harass the defendant, or to put him to needless expense ; the costs of which application shall be in the discretion of the Judge. 7. The Judges, except when on circuit, shall hold chani- Houiing of bers where' they reside, for the transaction of Chamber business confined to the business of their respective districts ; and, when more convenient, shall set aside one day in each week on which to hold such Chambers : provided always that no Judge shall be obliged to hold such Chambers dur- ing the months in which the Supreme Court has vacation. 8. A Clerk for the several Counties in each district shall cierks to be ap- be appointed by the Lieutenant Governor in Council, who emoitu coun-^ 24 37 Vic. ADDENDA. 1874. shall reside in the Shire Town, shall hold office during pleasure, and shall be paid by fees : provided al\^ys, that if any Attorney of the Supreme Court shall be appointed to such office, he shall not practise in the Court in the County for which he holds office during the term of his incumbency. Such Clerks to 9. The Clerk shall appoint a deputy in each section in [ippoiut Depu- ^i^g County where a Court is held, for whose good be'haviour and conduct the Clerk shall be responsible; and the deputy shall receive from the Clerk such compensation for his services as may be agreed upon between the Clerk and his deputy. Clerk to ad- 10. Whenever by rcason of unavoidable absence of the iase'ot xmavohi- Judge, a County Court cannot be held, the Clerk shall ad- .uufga^^™'^'^ °' jowrn the Court to such day as he may deem convenient ; and he shall enter in the minutes the cause of such adjourn- ment ; and whenever, by reason of sickness, disability, absence by leave or other cause, any Judge of a County Court shall be unable to act, or shall be disqualified to act, such Judge may call in and designate any other Judge of any other County Court in this Province to act therein, and such Judge so called in and designated as aforesaid, shall have the same powers as the regular Judge of such Court otherwise would have. In like manner, if deemed necessary, the Judge of any district may, in pursuance of an agreement with the Judge of any other district, preside over any Court or Courts hold in such other district. Judges not to 11. No Judgc of any such Court shall practice. Carry on, ufflce"^'^ 'i""''s or conduct any business in the profession, or practice of the law, while being such Judge, on pain of forfeiture of his office. Form ..£ oath 1-- Every Judge shall take the following oath before some fur Judses. person appointed by the Governor in Council to administer the same, that is to say : " I, A. B., do swear that I will truly and faitlrfully, accord- ing to my skill and knowledge, execute the several duties, powers and trusts of a Judge of the County Courts in the Pro- vince of Nova Scotia." Procedure gov- 13. The practise, forms and modes of procedure when not siraisVf suraeme herein provided for, shall be according to the practice of the Court. Supreme Court of this Province, and the Judges of such County Courts shall be governed by the decisions of ,the Supreme Court. Actions not uii- 14. The Court Bhall not have cognizance of any action^ der jurisdiction . , . . ofCoimtyCoiuts. 1st. — Where the title to land is brought m question, or, 2nd.— In which the validity of any devise, bequest or limitation is disputed, except as hereinafter provided, or, 3rd. — For criminal conversation or seduction, or, ■ith. — For breach of promise of marriage, or, 18T4. ADDENDA. 37 Vic 2o 5th. — Of any action against a Justice of the Peace for any thing done by him in the execution of his officp. 15. Subject to the exceptions in the last preceding sec- JmisJiotion of tion, the County Courts shall have jurisdiction and hold plea in all actions ex contractu when the debt or damages claimed do not exceed four hundred dollars, and in all actions of torts where the damages claimed do not exceed two hundred dollars, and in actions on bail bonds to a Sheriff in any case in a County Court, whatever may be the penalty or amount sought to be recovered ; and all appeals from the Magis- trates' Courts in the several counties, shall be to the County Courts sitting in such counties respectively. IG.. No plea, replication, or other pleading, whereby the certain pieati- title to any land, or to any rent, duty or other custom or amaavit,"' "'""' thing relating to or issuing out of lands or tenements, is brought in question, shall be received by any County Court, without an affidavit thereto""amiexed, that the same is not pleaded vexatiously, nor for delay, nor for the mere purpose of excluding the Court from jurisdiction ; but that the same does contain matter which the deponent believes to be necessary for the party pleading to enable him to go into the merits of his case. 17. If the Judge shall be satisfied by either party in a j^jg,. ^^y cause in his Court, that such cause can be more conveniently *anse venue. tried in some other County Court, he shall order that the venue be changed, and that the cause be sent for hearing to such other County Court, and the Clerk of the Court or his deputy, shall forthwith transmit by post, to the Clerk of the Court to which the cause is sent, all papers and proceedings in the cause on file in his office, and a certified copy of the order for changing the venue ; and such cause shall be dealt with in such Court as if originally brought therein. 18. Every process, mesne or final, issued out of such issuing oj Pro- Courts, respectively, shall be directed to the Sheriff of the '^'^^^' *''■ County where the same is to be executed, and shall be signed and sealed by the Clerk of the County Court or his deputy, where the same is issued; and shall be made returnable in the like times in which process directed to the same County 6ut of the Supreme Court is made returnable : pro- vided always, that where the Sheriff is a party to a cause, all process shall be directed to and executed by a coroner. 19. The Clerk of each Court, or his deputy, shall have Powers ot ciciks and exercise, in reference to proceedings in such Court, the "' ^"'^'' '^•'"''''■ like powers as the Prothonotaiy of the Supreme Court ; and Commissioners to take affidavits in the Supreme Court shall be Commissioners for the like purpose in the County Court, c'ommissioners. 20. Whenever an action is brought in the County Juagment as in Court, which the Court has no jurisdiction to try, judgment S Mrtata°"nses* 4 26 37 Vic. ADDENDA. 1874. Certain Acts of the Province to apply to tliese Com-ts. Clerk of such Court shall file all papers and keep hooks of record and judg- ments. Clerk to funiish certificate of judgment when required. Clerk may tax costs in certain cases. Executions, Keplevin in Buch Courts. shall be rendered as in case of a nonsuit, and the defendant shall have execution for his costs accordingly, 21. Every Act of this Province relating to the depositions of witnesses before trial, to the proceedings in replevin, to evidence, to the service of process, to practice and proceed- ings, and to any other matter or thing whatever connected with the administration of justice in the Supreme Court, shall apply to this Court when not inconsistent with the provisions of this Act. 22. The Clerk of each Court, or his deputy, shall file all writs and papers, and shall keep a book in which he shall enter all causes and all rules and orders made therein, and shall also keep a judgment book in which every judgment rendered in his Court shall be entered, a copy of which judg- ment, duly certified by him, shall be evidence of the same in all courts in the Province. 23. The clerk of the County Court shall furnish, when required so to do, a certificate signed by him of such judg- ment containing the like particulars as are required in cer- tificates of judgment given by Prothonotaries of the Supreme Coiu-t, and such certificate after registration in the office of the Registrar of Deeds of any County shall have the like force and efiect in binding the lands of the person against whom the judgment was recovered, as a certificate granted by the Prothonotary out of the Supreme Court has of bind- ing the lands of a person against whom a judgment has been recovered in that Court. The Clerk of the County Court may tax costs, and enter, sign and date, in the judgment book of the county wherein he resides, in the form used in the Supreme Court, judgments in undefended cases brought for the recovery of debts, by confession or by default, in such Coimty Court, where particulars are annexed to the writ (except in cases of foreclosure), which shall be as valid as if signed by a Judge. Writs of execution shall be as near as may be in the same form, and shall have like force and effect as those issued out of the Supreme Court ; and when lands are levied upon they shall be advertised, sold and conveyed by the Sheriff", in the same manner and form as lender exe- cutions issued out of the Supreme Court. 24. In case the value of the goods, or other property, or effects distrained, taken or detained, does not exceed the sum of two hundred dollars, and in case the title to land be not brought in question, the writ of replevin may issue from the County Court of any County, wherein such property, goods or other effects have been distrained, taken, or detained, and such Court may commence, hold pleas and proceed, according to the course and practice ofthe Supreme Court. 18'74. ADDENDA. 37 Vic. 27 ^5. When any tenant shall, after the expiration of his Proceedings tenancy, refuse to deliver up possession of the -Dremises to SZt S tenants - up possession of the premises to taicung after the landlord or to the person entitled to the immediate pos- aSenTncy session_ of the premises, such landlord or person so entitled to the immediate possession, or his agent or attorney, may apply to the Judge of any County Court where the premises are situate, and having made oath that such tenant has held and occupied the premises designated in the affidavit for a certain period then expired, and that due notice to quit when necessary has been given, such Judge shall issue a summons in the form in Schedule A, giving at least six days notice, to be served with a copy of the affidavit on the tenant or by leaving the same with some adult person of the household living in his dwelling house, to shew cause why he holds over. If the tenant neglect to attend, or attend and no sxifficiont cause be shewn, and on hearing the parties, the Judge may issue his warrant, in the form in Schedule B, to the Sheriff, directing him to deliver possession of the premises to the landlord or party entitled to the immediate possession, to be executed by him according to the exigency of the warrant ; and the costs of such proceeding shall be taxed and allowed, and payment thereof may be entered under the warrant. 26. The several County Courts, and the respective Judges rower of such thereof, shall have and exercise all the powers and authority agri5ist'"bsent vested in the Supreme Court, or the Judges thereof respect- f,^j,\ora'&f' "^ ively, by Chapter 97 of the Kevised Statutes, Fourth Series, " Of Suits against ^bsent or Absconding Debtors," and by Chapter 137, of the Revised Statutes^ Third Series, " Of the Relief of Insolvent Debtors.". 27. The Summary jurisdiction of the Supreme Court is ISi'L^s™' abolished, but aU suits and proceedings now pendmg m the H^^^^^^p^ Supreme Court may be carried on to the termmation, and judgment and execution shall issue in the same manner as if this Act had not passed. _ . . , . , . „ . 28. Any Executor or Admmistrator may sue and be sued ^S™tor°8 in any of the County Courts, in like manner as if he were a may aueandbe narty in his own right, and judgment and execution shall be courts"™"' such as in the like case would be given or issued in the Su- nreme Court, and he may be sued for the amount, or part of the amount of a distributive share, duly ascertamed by the nroner court under an intestacy, or of any legacy under a will, provided the same, in either case, do not exceed four ^"jf^Thf County Courts may issue .vrits of execution »,r^At, and writs of subpoena, and other writs into any other couii- into other coun- tv to be served or executed therein, and all such writs shall be of equal force, as if the same had issued from the Court of the County, to, or into which they may be issued. 28 Vic. 37 ADDENDA. 1874. S"f wi'tiiout ^^" ^^ causes shall be tried without a jury by the Judge, juries, evocpt in subject to an appeal to the Supreme Court, who shall decide ceitLiiii causes, y^^ ^^^^^^ ^^ ^^j^ ^ j^^^ . pj.gyijg^ y^^t in casB the Judge be- fore whom a suit is brought, in which the claim or demand is over eighty dollars, deems it proper to have any fact or facts controverted in the cause tried by a jury, the Clerk shall instantly return a suitable jury of ten persons qualified serve. Sheriff to sum- 31. In casc there shall not be jjresent at the time such "™hi"fi°vlmiies jury is Ordered, a sufficient number from which to obtain a of c.jurt House, jury, the Sheriff or his deputy shall forthwith summon ten men, qualified to serve as petit jurors, living within a distance of five miles from the Court House where the cause is to be tried, who shall be empannelled to try such fact or facts. A challenge of two, without cause, shall be allowed to tiie plaintiff and defendant. juiy to consist 82. Five jurors shall be empannelled and sworn for the trial of such factSj four of whom, in case they cannot agree after two hours absence, may render a verdict. such juroi-3 to 33. The Jurors so returned or summoned shall be subject like^poiiaities^as to the like paius and penalties that may be inflicted by a comt'"'^""' Judge of the Supreme Court. Judges of coiui- 34. The Judge of each County Court, shall be ex officio, .Tust'ices^ofVie 3- Justice of the Peaco in and for the district in which he re- Peace. sides, but shall not issue any civil process in his capacity as such Justice. Judges ot such 35. The Judges of the County Courts, or any four of TOira'ra^irtfng them, may frame rules and orders for regulating the practice S to'brsifi)-'" °^ ^^® Courts and the forms of proceedings, and from time to mitt'ert to Judges time amend such rules, orders and forms ; and the same cer- couiT"^'"'^ tified under the hands of such Judges, or any three of them shall be submitted to the Judges of the Supreme Court, a majority of whom may allow, alter or disallow the same, and the rules, orders and forms so allowed or altered, shall be inserted in three issues of the Royal Gazette, and shall, from a day to be named by the said Judges of the Supreme Court or a majority of them, be in force in every County Court. sucii Courts to 36. The County Court and every Judge thereof shall at OT If Sndinr'i ^^ times have the same power of amending all defects and fmSi i" s'u"^ errors in civil causes within their jurisdiction as is now by preme Court, law vested in the Supreme Court and Judges thereof. Penalty for con- 37. If any person shaU be guilty of any wilful contempt empt of Court. ^^ resistance to the process, rules or orders of the County Court, or shall wilfully insult the Judge or any juror, or officer of the Court, during his sitting or attendance in Court, or otherwise misbehave in Court, the Court may pun- ish such offender by fine or imprisonment ; but no fine shall exceed fifty dolls^rs, nor shall such imprisonment exceed one month, 1874. ADDENDA. 37 Vic. 29 o8. The Shci'itf 'a feus I'or executing the warrant under the siioiifts fees. twenty-fifth section of this Act, shall be the same as for exe- cuting a writ of hahere facias iiOH^icaslonem out of the Su- pi-eme Court, and all such fees shall be included in and re- coverable under the warrant issued under the same section; provided that the person arrested by virtue of any such warrant shall be detained in custody one day only for CAcry forty cents of the sum stated in the warrant. • 39. All affidavits to be used in the County Coui'ts, or be- Amdavits, fore any Judge thereof, may be sworn before any such Judge swo"™."''"" or before a Judge of the Supreme Court or any Commissioner for taking affidavits in the Sujsreme Court. 40. A Judge of a County Court upon application, on ■Tmiges may /V.1 •. ^'ii I I -I T'l ' rn I Issiue orders loi' amdavit, oi either party to a suit pending in his Court, may priBoneis to ap- issue an order under his hand and the seal of the Court, for evkLiice m cau- bringing up before such Court any prisoner confined in any ^^s. jail or prison under any sentence, or under any commitment for trial, or otherwise, or under any process in any civil suit, to be examined as a witness in any cause, suit or matter depending in or for trial before such Court : provided always that the person having the custody of such person ahall not be bound to obey such order, unless tender be made to him of a reasonable sum for oonveyanco and maintenance of a proper officer or officers, and of the prisoner going to, re- maining. at, and returning from such County Court ; and no Sheriff, Jailor, or other officer shall be liable to any action or prosecution for acting in obedience to any such order ; and if such action be brought he may plead and give such order in evidence. 41. If the plaintiff in any action commenced in the County ^..^^^-^^^ ^^^^^ jg^,,^ Courts, and within the jurisdiction thereof, in which the de- out of such fendant is now liable to arrest, whether upon the order of a Judge or Commissioner, or without such order, shall at, or after the commencement of such action, by affidavit of him- self or some other person, show to the satisfaction of any Judge of the County Courts, or any Commissioner author- ized to take affidavits in the Supreme Court, that such plaintiff has a cause of action against the defendant to the amount of twenty dollars or upwards, or has sustained damage to that amount, and that the plaintiff has probable cause for believing, and does believe, that the defendant is about to leave the Province, and that he fears the debt will be lost unless such defendant is forthwith arrested, such Judge or Commissioner may, without requiring in such affidavit any statement of the plaintiff's ground for such belief, by a special order, direct that such defendant, who is about to 'quit the Province, shall be held to bail for the amount of the debt or damage sworn to, or in the case of 30 37 Vic. ADDENDA. 1874. unliquidated damage, for such sum as the Judge or Com- missioner may think fit, and thereupon, within the time expressed in such order, and not afterwards, may sue out of the County Court one or more writs of Capias, into one or more counties, as may be required, against any such defend- ant so directed to be held to bail : provided always that nothing in this section shall operate to prevent a defendant so arrested from negativing under affidavit before a County Court, or a Judge, the fact of his being about to leave the Province, and upon such affidavit, if not contradicted, such Judge shall, in his discretion, order his discharge from cus- tody, with or without costs. Sheriff to aireist 42. The Sheriff shall within one month after the date of month after such capias, but uot aftcrwards, proceed to arrest such defen- capias' ™'^'' dant thereupon ; and he shall remain in custody until he shall have given a bail, bond to the Sheriff, or shall have made a deposit of the sum endorsed on such writ of capias, together with fifty dollars for costs, and the Sheriff shall make return of his writ immediately upon the execution thereof, or at the expii'ation of one month from the issuing thereof. Further pro- 43, All further procccdings where a party has been pait^arreated" arrested uudcr a process issued out of a County Court, in- belcco^lng to" cludiug rendering defendants in discharge of bail, shall be neiuoT'omt^" according to the practice of the Supreme Court, unless other- wise provided ; and the Sheriff shall be charged with the custody of such defendants, in the same manner and as near as may be, as he is charged according to the practice of the Supreme Court. Practice not pro- 44. When the time within which, or when, or the mode ™t''to be arraif- in which any proceedings should be taken in the County lucii'cJountr "' Court or before any Judge, is not prescribed in this Act, or couit. jji accordance with the provisions of this Act, such time and mode may be appointed by rules of practice, orders and forms by the Judge thereof. Judge may 45. In all cascs where costs in any County Court are Execution" fo7 ordered by the Judge to be paid on any hearing or proceed- costs. ijig iiad before him at Chambers, it shall be lawful for such Judge, upon application therefor by the party entitled there- to, to grant a rule for a writ of execution, to issue out of any Court within his district, for the recovery thereof, which shall be executed by the Sheriff of any county in this Pro- vince. Sheriff's fees. 46, The Sheriff shall be allowed for all services performed under this Act the same fees as are now provided for the like services in the Supreme Court. 0"^y Attoraeys 47, Only attorneys of the Supreme Court may practise Court to practise in the Couuty Courts, as attorneys. Provided however that provi*.^""''"' a party, either plaintiff or defendant, may prosecute or de- 18^4. ADDENDA. 37 Vic. 31 !"ril'l^''+r'Q''^J''* *"^*^" '^™*^ ™le« of law as are ^ow m torce m the Supreme Court. ^..S;,. p'^ Governor in Council shall provide seals for the Governor i„ various County Courts; and the Clerk of each County shall v^r/stte" provdeaU necessary books for the records of such Court, comity coSts. which shaU be approved of by the Judge and paid for by the Treasurer of the County out of the funds of the County, on the order of the Judge of the County Court of such County. ^J. lire table of fees shall be the same as those in the Fees bupreme Coui-t for like services, with the exception of the briet and counsel fee, which shall not each exceed in any case the sum of twelve dollars, to be taxed in the discretion ot the Judge who tries the cause. 50 The costs of suits defaulted, and confessed, shall be costs of suita de- taxed by the Clerk of the Court: the costs of all contested taedbyclelk suits shall be taxed by the Judge before whom the cause «£ court, was tried. 51. The decision of the presiding Judge shall be subject Appeal to su- to an appeal to the Supreme Court in all causes between ^'""'' '^™"- forty and eighty dollars, upon the appellant giving a bond to the _ appellee to respond the judgment of the Supreme Court in manner as is directed in the fifty-third section of this Act. 52. The several Courts, or the respective Judges thereof, „ the'iuc™? shall have power by rules or orders at Chambers or in term, thereof 'to'imve to set aside judgments by default, to set aside proceedings ceSn raie^s'™' for irregularity, to grant time for pleading, and to order stay ^"'' °"^^''^- of proceedings till security be given for costs, and may issue summonses, and make orders in all matters of practice, in like manner and on like gi'ounds, and to the same extent as the Supreme Court, or the Judges thereof, and may cause rules on Sheriffs, or any other rules, orders or proceedings there- upon, to be served in any County. 53. In case any party in a cause in any of such Courts, stay of proceed- is dissatisfied with the decision of the Judge upon any point pefi, «^?" "''' of law or fact, or with the finding of the Jury on any fact left to them, or with the decision upon motion for a non-suit, or in aiTest of judgment, he may appeal to the Supreme Court; and the Judge at the request of such party, his coun- sel or attorney, shall stay the proceedings until Judgment be given on appeal, provided the party wishing to appeal give a bond, with sureties to the satisfaction of the Judge, to the opposite party, in a penalty to be fixed by the Judge, conditioned for the payment of the debt and costs, or costs below, and the costs of the appeal awarded by the Supreme Court, if the judgment or decision of the Judge be affirmed ; and at the request of the party appellant the Judge shall certify under his hand to the Supreme Court the pleadings in the cause, and all motions, rules Or ordere made, granted 32 37 Vic. ADDENDA. 1874. Payment of ju- rors, fees, &c Jurisdiction of City Coui't in certain oases abolished. Inconsistent law repealed. Act to go into operation— wlieD, or refttsed therein, with his own charge, judgment or de- ci.sion therein, and when a trial has been had, the evidence and all questions and exceptions thereto, whereupon the matter shall be set down for argument at such time as the Supremo C(jurt shall direct ; and that Court shall make such order or directions to the Court below, touching the judg- ment to be given in the matter, as the law requires, and shall in their discretion award costs to either party, which costs shall be certified and form part of the judgment of the Court below, and upon receipt of such order, directions, and certificate, the Court below shall proceed in accordance therewith. 5-i. The plaintiff, at the time of issuing every summons, shall pay to the Clerk the sum of twenty-five cents, and on the swearing of the jury in each cause the sum of five dol- lars, to be taxed in the plaintiff's bill of costs, should he suc- ceed ; which sum the Clerk shall retain in his possession and apply towards payment of the jury fees, and at the end of each term shall pay the balances, remaining in his hands, of fees received in the City of Halifax, to the City Treasurer, and in any County to the Treasurer of the County, ajid shall draw on the respective Treasurers for any deficiency required to pay the jurors, which order shall be certified by the Judge and paid by the Treasurer out of the county funds. 55. The jurisdiction of the City Court for the City of Halifax, in all cases of torts, and for forcible entry and de- tainer, is abolished, and the same is hereby transferred to the County Court for district number One. oG, So much of the existing law, as is inconsistent with this Act, is repealed. 57. This Act shall not go into operation until brought into force by proclamation of the Lieutenant-Governor in Council. I8t4. ADDENDA. 37 Vic 33 SCHEDULE A. V 1 ^V ^' °^i- ' ^^^ng made the affidavit required by law, i therefore require you to appear before me on the day of next, (or instant), at to shew +^^^^'-j A^"^ ^*^" ^^^^'^' ^'^'^^y y°^ ^^^^^1*^ ^'^^^ deliver up to the said A. B. the premises described in said affidavit. Dated this day of A.D. 18 E. F., J. G. a SCHEDULE B. To the Sheriff of Whereas A. B. claims the premises situate [here des- cribe the premises] now in the possession of C. D., who holds over and refuses to deliver up the same, the matter having been heard before me, pursuant to law, I do adjudge that the said A. B. shall be forthwith put in possession, and shall recover his costs, being , besides your fees for executing this Writ ; you are hereby commanded to put the said A. B. into immediate possession of said premises, and that you levy of the goods and chattels of the said C. D. the sum of for his costs, besides your fees, and for want of goods and chattels that you take the said C. D, and deliver him to the keeper of the jail of the said County, who will safely keep him for days, unless said costs and fees be sooner paid; and make return hereof and what yoti have done within days from this date. Dated this day of A. D., 18 E. F., /. a a 34 37 Vic. ADDENDA. 1874. Fees of Grand Jurors at Su- preme Court to be same na at Sessions. Fees to Ije a county charge. Eepeal. Act Tvheu to begin. CHAPTER 19. An Act relating to the Fees of Grand Jurors. (Passed the 7th day of May, a.d., 1874.) Section. Fees o£ Grand Jurors at Supreme Court to be same as at Sessions. Section. 2. Fees to be a county charge. 3. Kepeal. 4. Act when to begin. Be it enacted by the Governor, Council and Assembly, as follows : 1. Every Grand Juror shall hereafter be entitled to re- ceive the same fees for attendance at the Supreme Court, and for travelling in connection with such attendance, as are now allowed for travel and attendance at general sessions. 2. The amount of such fees for travel and attendance, at the Supreme Court shall be a county or district charge, to be added to the general assessment of the county or dis- trict, and to be ascertained and paid as provided with refer- ence to the fees of Grand Jurors for attendance at General Sessions by Chapter 8 of the Acts of 1872. 3. So much of the existing law as is inconsistent with this Act, is repealed. 4. This Act shall not go into operation until the first day of January, 1875. CHAPTER 20. An Act respecting the Appointment of Queen's Coun- sel. (Passed the 7th day of May, a. d. 1874.) rreamblc. SECTION. 1.— Power to appoint Queen's Counsel tor Province vestecUn Lieu- tenant Governor. Preamble. AVliereas, the Lieutenant Governor of right ought to have the power to appoint, from among the members of the Bar of Nova Scotia, provincial officers, who may assist in the con- duct of aU matters on behalf of the CroAvn, under the name of Her Majesty's Counsel Learned in the Law for such Pro- vince : And whereas, doubts have been cast on the power of the Lieutenant Governor to make such appointments : Be it therefore declared and enacted by the Governor, Council and Assembly, as follows : 1874. ADDENDA. 37 Vic. 35 1. It was and is lawful for the Lieutenant Governor, by Power to ap- letters patent under the Great Seal of the Province of Nova Tounseuo"'' Scotia, to appoint, from among the members of the Bar of fn lYentoant"^ Nova Scotia, such persons as he may deem right, to be, dur- Governor. ing pleasure, Pro\'incial Officers, under the name of Her Majesty's Counsel Learned in the Law for the Province of Nova Scotia. CHAPTER 21. An Act to regulate the Precedence of the Bar in Nova Scotia. (Passed the 7th day of May, a. d., 1874.) Preamble. 1. Order of precedence regulated. 2. Precedence of Q. C'a. appointed after 1st July, 1867, and of Bar- risters holding patents of prece- dence. Precedence of other Barristers de- termined by seniority. Act not to affect precedence of Bar- rister acting for Queen or for Attorney General. Whereas, the regulation of the Bar in Nova Scotia is Preamble, vested in the Provincial Legislature, and it is expedient for the orderly conduct of business before the Provincial Courts that provision be made for the order of precedence of the members of such Bar in such Courts. Be it therefore enacted by the Governor, Council and As- sembly, as follows : 1. The following members of the Bar in this Province dencLemiatcd" shall have precedence in the Courts of the Province in the following order : (1.) The Attorney General, for the time being, of the Dominion of Canada : (2.) The Attorney General, for the time being, of the Province : (3.) The members of the Bar who were, before the first day of July, in the year of our Lord one thousand eight hundred aijd sixty-seven, appointed Her Majesty's Counsel for Nova Scotia, so long as they are such Counsel, according to seniority of appointment as such Counsel. 2, Members of the Bar from time to time appointed after Precedence of the first day of July, in the year of our Lord one thousand tedafter^^t"'"' eight hundred and sixty-seven, to be Her Majesty's Counsel of'skiiirfers*"'^ for the Province, and members of the Bar to whom from Voiding patents time to time patents of precedence are granted, shall sever- " ^^^"^ ™'^'^' 36 37 Vio. ADDENDA. 1874. ally have such precedence in such Courts as rnay be assigned to them by letters patent, which may be issued by the Lieutenant Governor under the Great Seal of the Province. Precedence of 3. The remaining members of the Bar, shall, as between aetlJnUnea'by'^ themsclves, have precedence in the Courts in the order of Boniority. their call to the Bar. Act not to at- 4<. Nothing in this Act shall in anywise affect or alter of Bari^sterTcf- ^^^ right of precedence which may appertain to any mem- ing for Queen or bcr of the Bar, when acting as Counsel for Her Majesty or General'"*^ for any Attorney General of Her Majesty, in any matter de- pending in the name of Her Majesty or of the Attorney General before such Courts ; but such right and precedence shall remain as if this Act had not been passed. CHAPTER 22. An Act declaratory of Chapter 22, of the Acts of 1872, entitled, " An Act to amend the Act to improve the Administration of Justice." (Passed the 7tli day of May, a.d., 1874. ) Section. Powers of Judges under Section 3, of Chapter 22, 1872, to extend to regular sittings at Halifax. SECTION. 2. Order for two concurrent sittings in such case same as under Chapter 22, 1872. 3. Order published 15th April, 18r4. le- galized. Be it enacted by the Governor, Council and Assembly, as follows : Powers of 1- AU the powers given to the Judges by the third see- secuon '"of ^^^^ °^ Chapter 22 of the Acts of 1872, entitled, " An Act Chapter 22, 1872, to amend the Act to improve the Administration of Justice," re|nu°ti*tting3 shall be held to extend to, and may be exercised relatively at Halifax. ^o the regular sittings of the Supreme Court at Halifax. Order for two ^' ^^ Order for two concurrent sittings of the Supreme concunent sit- Court for the trial of causes to be held at the .same time in ca's?sin™M Cither of the regular sittings at Halifax, may be made by the 22"'i872''*^''"^ Judges in the same manner and with the like incidents, as if a power to make the same had been expressly given in and by such section. Order published 3. The Order made by the Judges, and published in the ilgaii^ed"' ^*^*'