Clnrnfll Earn ^rlfDnl ffiibrarg 
 
Cornell University Library 
 KEN74411859 
 
 The revised statutes of Nova Scotia :sec 
 
 3 1924 016 981 395 
 
Cornell University 
 Library 
 
 The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924016981395 
 
REVISED STAT'fJTES 
 
 OP 
 
 NOVA-SCOTIA. 
 
 SECOND SERIES. 
 
THE 
 
 REVISED STATUTES 
 
 OF 
 
 NOVA-SCOTIA. 
 
 SECOND SEEIES. 
 
 PEEPAEED BY 
 
 MARTIN I. WILKINS, 
 
 W. A. HENRY, 
 
 JAMES R. SMITH, Esquiebs. 
 
 COMMISSIONERS FOR CONSOLIDATING THE STATUTES OF THE PROVINCE 
 
 AND PUBLISHED UNDER THEIR SUPERVISION, PURSUANT 
 
 TO AN ACT OF THE LEGISLATURE. 
 
 HALIFAX : 
 
 J, & W. COMPTON, PUBLISHBES, 
 
 1859. 
 
.;^}j~^'-!-P^. 
 
 Besolwtion of the House of Assembly, passed 21th April, 185T, 
 and subsequently agreed to by the Legislative Council. 
 
 '' Whereas, it has bec6me indispensible that the Statutes of 
 this ProTince should be further Revised, and an improved 
 Index made therefor : 
 
 Resolved, That his Excellency the Lieutenant Governor be 
 respectfully requested forthwith to employ a sufficient number 
 of competent persons, not to exceed three, for the purpose of 
 further Revising the Statutes, so as to have the same prepared 
 and submitted to the Government, at least one month before 
 the next sitting of the Legislature ; and this House will 
 provide for the expense thereof." 
 
COMMISSIONER S' REPORT 
 
 TO HIS EXCELLENCY SIR JOHN GASPAED LEMAECHANT, 
 
 Lieutenant-GoTernor in and over the Province of Nova SaotiOi,- &arSie. &o, 
 
 l%e Beport of the undersigned Commissioners appointed by 
 
 your Excellency to Bevise and Consolidate the Laws 
 
 of the Province: 
 
 May it please your Excellency : 
 
 The following Resolution having been passed by the House 
 of Assembly, and concurred in by the Legislative Council at 
 the last session, to wit : 
 
 " Whereas it has become indispensable that the Statutes of 
 this Province should be further Revised, and an improved 
 Index made therefor, 
 
 Besolved, That his Excellency the Lieutenant-Governor be 
 respectfully requested forthwith to employ a sufficient number 
 of competent persons, not to exceed three, for the purpose of 
 further Revising the Statutes, so as to have the same prepared 
 and submitted to the Government at least one month before 
 the next sittings of the Legislature, and this House will provide 
 for the expense thereof." 
 
 And your Excellency having done us the honor of intrusting 
 to us this important duty, we' have executed the trust, and beg 
 leave to submit to your Excellency the Laws in the form in 
 which we have consolidated them, entitled "the Revised Sta- 
 tutes of Nova Scotia — Second Series." 
 
 The first series of the Revised Statutes was enacted in the 
 year of our Lord one thousand eight hundred and fifty one, 
 and since that time many material alterations and amendments 
 have been introduced; some chapters have been repealed, and 
 some acts have passed of an independent character. 
 
 In revising and consolidating the Laws up to the end of the 
 session of 1857, we have endeavored to make as few alterar 
 tions in the number and arrangement of the chapters and titles 
 as possible ; and we have carefully abstained from making any 
 alteration in the laws themselves, but have compiled them 
 with all alterations and amendments incorporated in the several 
 chapters. 
 
 It is essential that a copious and correct Index should be 
 prepared, and we have made arrangements to effect this object 
 while the Statutes are in the course of publication. The mar- 
 ginal notes of the sections were, in the first series, collected 
 at the head of each chapter, and this, in the absence of a per- 
 fect index, was desirable; but as we intend carrying those 
 notes fully into the index of the new series, we have not placed 
 
COMMISSIONEES' REPORT. 
 
 them at the head of the chapters, which, in our estimation, 
 would be an unnecessary waste of space, and would tend in- 
 conveniently to expand the work. 
 
 From the amount of matter necessarily added to t£e first 
 series, it may he advisable to divide the new series, with its 
 copious index, into two volumes of about the same size as the 
 volume containing the first series ; but we would recommend 
 that if possible, the work shall be published in one volume. 
 
 An act to regulate the publication of the Eevised Statutes 
 was passed on the 7th April, 1851, to which we refer your 
 Excellency, and it appears to us that it will be advisable to 
 make a similar law in respect to the publication of the new or 
 second series. 
 
 The foregoing Report refers more particularly to the revision 
 and consolidation of the general statutes, — we have also pre- 
 pared a new and amended edition of the private and local acts, 
 with an index, which we also beg leave to submit to your 
 Excellency. 
 
 All of which is respectfully submitted. 
 
 MARTIN I. WILKINS, 
 W. A. HENRY, 
 JAS. R. SMITH.. 
 
 Halifax, December 31st,. 1857. 
 
AN ACT FOR THE CONSOLIDATION OF THE 
 
 LAWS. 
 
 (Passed the 7th day of May, A. u. 1858.) 
 
 Be it enacted, by the Governor, Council and Assembly, as 
 follows : 
 
 1. The Governor in Council shall cause the Statutes con- 
 solidated under a resolution passed in the last session, to be 
 published with a copious Index, as soon as conveniently can 
 be ; and when the same are so published the Governor may, 
 by Proclamation, declare the same to be in force, and the same 
 thereupon and thereafter shall be in force. 
 
 2. All Statutes in force on the first day of this present 
 session, shall thereupon and thereafter be repealed, except 
 such act or parts of acts as have not been substantially incor- 
 porated in the said consolidated Statutes, or as shall not have 
 been repealed or have expired. 
 
 3. The Acts of the present session shall be printed in the 
 same volume as an Appendix, with proper references, or be 
 incorporated with the consolidated Acts, and shall be included 
 in the Index. 
 
 4. All rights accruing or accrued under any of the statutes 
 so repealed, are reserved ; and all penalties incurred there- 
 under shall be enforced, as if such Statutes had not been re- 
 pealed. 
 
ANALYSIS 
 
 SEVBEAL PARTS, TITLES AND CHAPTERS, 
 
 CONTAINED IN 
 
 THE REYISED STATUTES. 
 
 SECOND SBKIES. 
 
 PART I. 
 
 OF THE INTERNAL ADMINISTRATION OF THE GOVERNMENT. 
 
 TITLE I. 
 
 PAGE 
 
 Chapter 1. or the promulgation and constebction of statutes, . 2 
 
 TITLE IL 
 
 OB THE LEGISLATURE. 
 
 Chapter 2. Of executive and legislative disabilities, .... 5 
 
 Chapters. Of representation in general assembly, ... 6 
 
 Chapter 4. Of the duration of the general assembly, ... 7 
 Chapter 5. Of the qualification of canditates and electors, and frauds 
 
 in regard thereto, 7 
 
 Chapter 6. Of bribery and treating at elections, . . . .12 
 
 Chapter 7. On the manner of conducting elections, ... 13 
 
 Chapter 8. Of scrutinies, 24 
 
 Chapter 9. Of controverted elections, 26 
 
 Chapter 10. Of vacating seats, ....... 30 
 
 TITLE III. 
 
 OB THE PUBLIC REVENUE. 
 
 Chapter IT . Of the casual and territorial revenue, ... 31 
 
 Chapter 12. Tart the first. — Of customs duties, 33 
 
 Part the second. — Of a certain treaty between her majesty 
 
 and the United States of America, 40 
 
 Chapter 18. Of the board of revenue, 41 
 
XIV 
 
 ANALYSIS, 
 
 Chapter 14. Of officers of the customs, . . • - 
 
 Chaptek 15. Of the laws of the customs, 
 
 Chaptek 16. Of the importation of goods. 
 
 Chapter 17. Of the warehousing of goods, 
 
 Chapter 18. Of the exportation of goods and of drawbacks, 
 
 Chapter 19. Of the prevention of smuggling, 
 
 Chapter 20. Of the regulation of distilleries. 
 
 Chapter 21. Of light duties, .... 
 
 Chapter 22. Of licenses for the sale of intoxicating liquors, 
 
 TITLE IV. 
 
 Chapter 23. oF THE POST OFFICE, 
 
 TITLE V. 
 
 OF PDBIIC BUILDINGS AND ESTABLISHMENTS. 
 
 Chapter 24. Of the commissioners of the pubKo property, 
 Chapter 25. Of the penitentiary, .... 
 Chapter 26. Of Sable Island and the light houses, 
 
 42 
 
 44 
 
 49- 
 
 58 
 
 61 
 
 65 
 
 68 
 
 70 
 
 71 
 
 80 
 
 92 
 93 
 
 97 
 
 TITLE VL 
 
 OF THE MANAGEMENT AND REGULATION OF THE PUBLIC DOMAIN. 
 
 Chapter 27. Of the coalmines. — Part the first. . . .98 
 
 Part the second . . 103 
 
 Chapter 28. Of the crown lands, ..... 124 
 
 TITLE VII. 
 
 OF THE NATIONAL DEFENCE, 
 Chapter 29. Of the militia. 
 
 Chapter 30. Of Billetting the troops and militia, . 
 -Chapter 31. Of public fortifications, 
 
 127 
 146 
 147 
 
 TITLE VIII, 
 
 Chapter 32. OF THE NATURALIZATION AND PRIVILBGES OF ALIENS 148 
 
 TITLE IX. 
 
 Chapter 33. OF THE CENSUS AND statistical INFORMATION. 149 
 
 TITLE X. 
 
 OF CERTAIN PUBLIC OFFICERS. 
 
 Chapter 34. Of the salaries of certain public officers, and certain 
 
 pensions, ••.... 155 
 
 Chapter 35. Of the qualifications, appointment, and tenure of office 
 
 of the principal judicial officers, . . 157 
 
 Chapter 36. Of the offices of receiver general and financial secretary, 
 
 and the rendering and audit of public accounts, ' 158 
 
ANALYSIS. 
 
 XV 
 
 Chaptee 37. Of the oflSces of surveyor general and commissioner 
 
 of crown lands, ..... 159 
 
 TITLE XL 
 
 Chapter 38. OF tubasury notes, the funded debt, and savings 
 
 BANK, ^ . 160 
 
 TITLE XII. 
 
 OF COUNTIES AND COUNTY OFFICERS. 
 
 Chapter 39. Of the boundaries of counties, 
 
 Chapter 40. Of sheriffs, .... 
 
 Chapter 41.. Of coroners, .... 
 
 Chapter 42- Of clerks of the peace. 
 
 Chapter 43. Of prothonotafies and clerks of the crown, 
 
 Chapter 44. Of the times and places of holding the sessions 
 
 Chapter 45. Of special sessions, 
 
 Chapter 46. Of county assessments, 
 
 Chapter 47. Of jails and other county buildings, . 
 
 162 
 162 
 164 
 165 
 166 
 168 
 169 
 170 
 187 
 
 TITLE XIII. 
 
 OF TOWNSHIPS AND TOWNSHIP AND PEACE OFFICERS. 
 
 Chapter 48. Of townships, their powers and duties, and the appoint- 
 ment, qualification, and duties, of township officers, 
 Chapter 49. Of fences and fence viewers, and impounding of cattle. 
 
 188 
 190 
 
 TITLE XIV. 
 
 OF THE SUPPORT OF PUBLIC WORSHIP. 
 
 Chapter 50. Of the church of England, . . • . 193 
 
 Chapter 51. Of Teligious congregations and societies, . . 195 
 
 Chapter 52. Of assessments for the repairs of meeting houses, . 199 
 
 TITLE XV. 
 
 OF THE PUBLIC HEALTH. 
 
 Chapter 53. Of quarantine, ..... 200 
 
 Chapter §4. Of boards of health and infectious disease, . 200 
 
 Chapter 55. Of rabid animals, ..... 202 
 
 Chapter 56. Of nuisances, ..... 203 
 
 Chapter 67. Of regulations concerning the practice of physic and 
 
 surgery, 
 
 206 
 
 TITLE XVI. 
 
 Charter 58. opindian«. 
 
 207 
 
XVI 
 
 ANALYSIS. 
 
 TITLE XVII. 
 
 Chapter 59. oF THE telegraph, 
 
 208 
 
 TITLE XYIII. 
 
 Chaptee 6Q, of public INSTEUOTION, Part the first 
 Part the second. — Normal School, 
 
 209 
 217 
 
 TITLE XIX. 
 
 OF HIGHWAYS, STEEBTS, BEIDGBS, PUBLIC LANDINGS, AND FEEEIES. 
 
 Chaptbk Bl. Of laying out certain great roads, . . . 220 
 
 Chapter 62. Of laying out roads other than certain great roads, 223 
 Chapter 63. Of surveyors of highways and highway labor, except 
 
 in Halifax, 227 
 
 Chapter 64. Of commissioners of streets, . . . 232 
 
 Chapter 65. Of highway labor in the city of Halifax, . . 239 
 
 Chapter 66. Of the expenditure of money on the roads, . 241 
 
 Chapter 67. Of the preservation of roads, . . . 245 
 
 Chapter 68. Of supervisors of public grounds, . . . 246 
 
 Chapter 69. Of closing roads, ..... 250 
 
 Chapter 70. Of railroads, ...... 251 
 
 Chapter 71. Of certain bridges and public landings, . . 270 
 
 Chapter 72. Of ferries, ...... 271 
 
 TITLE XX. 
 
 •OF SEWBES. COMMONS, AND COMMON FIELDS. 
 
 Chapter 73. Of commissioners of sewers, and the regulation of diked 
 
 and marsh lands, ..... 272 
 
 Chapter 74. Of commons, ..... 280 
 
 Chapter 75. Of common fields, ..... 280 
 
 TITLE XXI. 
 
 OF THE REGULATION OF TEADB IN CEETAIN CASES, 
 
 Chapter 76. Part the first. — Of shipping and seamen, . 283 
 
 Part the second. — of the registry of ships, . . 292 
 
 Chapter 77. Of wrecks and wrecked goods, . . . 293 
 
 Chapter 78. Of pilotage, harbors, and harbor masters, , . 295 
 
 Chapter 79. Of partnerships, ..... 301 
 
 Chapter 80. Of factors and agents,. .... 306 
 
 Chapter 81. Of bills of exchange and promissory notes, . . 308 
 
 Chapter 82. Of interest, . . . \ , 309 
 
 Chapter 83. Of currency, . • , , . . 310 
 
 Chapter 84. Of mills and millers, .... 311 
 Chapter 85. Of the regulation and inspection of provisions, lumber, 
 
 fuel, and other merchandize, , . . 312 
 
 Chapter 86. Of weights and measures, , . , 329 
 
AKALYSIS. 
 
 XVll 
 
 Chapter 87. 
 Chapter 88. 
 
 TITLE XXII. 
 
 OF CORPORATIONS. 
 
 Of general provisions respecting corporations, 
 Of agricultural and land corporations, 
 
 330 
 335 
 
 TITLE XXIII. 
 
 OF THE POOR. 
 Chapter 89. Of the settlement and support of the poor, 
 Chapter 90. Of poor districts, . . . . 
 
 Chapter 91. Of the maintenance of bastard children 
 
 337 
 344 
 345 
 
 TITLE XXIV. 
 
 OF CERTAIN BIRDS AND ANIMALS. 
 
 Chapter 92. Of the preservation of useful birds and animals, . 352 
 
 Chapter 93. Of the destruction of noxious animals, . . 354 
 
 TITLE XXV, 
 
 OF THE FISHERIES. 
 
 Chapter 94. Of the coast and deep sea fisheries, 
 Chapter 95. Of the river fisheries, . 
 
 354 
 358 
 
 TITLE XXVI. 
 
 Chapter 96. OF THE ENCOURAGEMENT OF AGRICULTURE AND 
 RURAL ECONOMY, .... 
 
 360 
 
 Chapter 97. 
 Chapter 98. 
 Chapter 99. 
 Chapter 100. 
 Chapter 101. 
 Chapter 102. 
 Chapter 103. 
 
 Chapter 104. 
 
 Chapter 105. 
 
 Chapter 106. 
 
 Chapter 107. 
 
 Chapter 108. 
 Chapter 109. 
 Chapter 110. 
 
 TITTLE XXVII. 
 
 OF CERTAIN MUNICIPAL REGULATIONS. 
 
 Of trustees of public property, . . . ,363 
 
 Of public markets, .... 364 
 
 Of fires and firewards, .... 365 
 
 Of the discharge of firearms and fireworks, . 372 
 
 Of the transportation of gunpowder, . , 372 
 
 Of burning woods and marshes, . . , 373 
 Of the conveying of timber and lumber on rioters, and 
 
 the removal of obstructions therefrom, . . 373 
 
 Of madmen and vagrants, . . . 375 
 
 Of public exhibitions, .... 376 
 
 Of stray horses and cattle, . . . 376 
 Of the going at large of infected cattle and of dogs, 
 
 and vicious animals and geese, . . . 378 
 
 Of the gathering of sea manure, . . 378 
 
 Of coasting on highways, . . . 378 
 
 Of roads over the ice, .... 379 
 
XVUl 
 
 ANALYSIS, 
 
 PAR Til. 
 
 or THE ACQUISITION, TRANSMISSION, AND ENJOYMENT OF 
 PROPERTY, REAL AND PERSONAL ; THE DOMESTIC RELA- 
 TIONS, AND OTHER MATTERS CONNECTED WITH PRIVATE 
 RIGHTS. 
 
 TITLE XXVIII. 
 
 OF KEAL PROPEETY AND THE ALIENATION THEREOF. 
 
 Chapter 111. Of deeds by married women, . . . 380 
 
 Chapter 112. Of estates' tail, ..... 381 
 Chapter 113. Of the registry of deeds, and incumbrances affecting 
 
 lands 382 
 
 TITLte XXIX. 
 
 OF TITLE TO REAL AND PERSONAL PROPERTY BY WILL AND BY DESCENT 
 AND THE SETTLEMENT OF THE ESTATES OF DECEASED PERSONS. 
 
 Chapter 114. Of wills of real and personal estate, . . 386 
 
 Chapter 115. Of the descent of real and personal estate, . . 391 
 
 TITLE XXX. 
 
 OE TITLES TO REAL PROPEETY BY SPECIAL PROVISIONS OF LAW. 
 
 Chapter 116. Of joint tenancy and tenancy in common, . 394 
 
 Chapter 117. Of the sale of lands under foreclosure of mortgages, 394 
 
 Chapter 118. Of the sale of lands to satisfy execution debts, . 396 
 
 Chapter 119. 
 Chapter 120. 
 
 TITLE XXXI. 
 
 OF COPYRIGHTS AND PATENTS. 
 
 Of the law of copyright, 
 
 Of patents for useful inventions. 
 
 397 
 400 
 
 TITLE XXXII. 
 Chapter 121. oF THE prevention OF frauds and perjuries, 
 
 402 
 
 TITLE XXXIII. 
 
 OF DOMESTIC EELATIONS. 
 
 Chapter 122. Of marriage and the solemnization thereof, . . 403 
 
 Chapter 123. Of the registry of births, marriages, and deaths, 404 
 
 Chapter 124. Of guirdians and wards, .... 405 
 
 Chapter 125. Of masters, apprentices, and servants, . . 406 
 
ANALYSIS. 
 
 XIX 
 
 PART III. 
 
 OF COURTS AND JUDICIAL OFFfCERS, AND PROCEEDINGS 
 IN SPECIAL CASES. 
 
 Chapter 126. 
 Chapter 127. 
 Chapter 128. 
 Chapter 129. 
 Chapter 130. 
 Chapter 131. 
 Chapter 132. 
 
 TITLE XXXIV. 
 
 OF COURTS AND JUDICIAL OFFICERS. 
 
 Of the supreme court and its ofiScers, 
 
 Of proceedings in equity, 
 
 Of the court of marriage and divorce, 
 
 Of the court of escheat, 
 
 Of the probate court, 
 
 409 
 413 
 426 
 427 
 428 
 
 Of the jurisdiction of justices of the peace in civil cases, 446 
 Of barristers and attornies, . . . 456 
 
 TITLE XXXY. 
 Chapter 133. oF MUNICIPALATIBS. .... 
 
 TITLE XXXVI. 
 
 OF COURTS AND PROCEEDINGS THEREIN. 
 
 Chapter 134. Of pleadings and practice in the supreme court — 
 Part the first ..... 
 Part the second ..... 
 
 Chapter 135. Of vritnesses and evidence, and the proof of written 
 documents, ..... 
 
 Chapter 136. Of juries, ...... 
 
 Chapter 137. Of the relief of insolvent debtors, 
 
 TITLE XXXVII. 
 
 OF ACTIONS RELATINS TO REAL PROPERTY. 
 
 Chapter 138. Of the writ of dower, .... 
 Chapter 139. Of the partition of lands, .... 
 Chapter 140. Of forcible entry and detainer, . 
 
 TITLE XXXVIIL 
 
 OF PROCEEDINGS IN SPECIAL CASES. 
 
 Chapter 141. Of suits against absent or absconding debtors. 
 
 Chapter 142. Of suits against joint debtors. 
 
 Chapter 143. Of suits against executors, administrators, and 
 
 trustees, ..... 
 
 Chapter 144. Of summary suits, .... 
 
 Chapter 145. Of distress for rent and^remedy. 
 
 Chapter 146. Of arbitration, .... 
 
 458 
 
 487 
 535 
 
 538 
 550 
 
 558 
 
 561 
 562 
 569 
 
 569 
 574 
 
 575 
 577 
 578 
 580 
 
XX 
 
 ANALYSIS. 
 
 Chapter 147. Of petty trespasses and assaults, 
 
 Chapter 148. Of the writ of certiorari, 
 
 Chapter 149. Of interpleader, 
 
 Chapter 150. Of the protection of justices of the peace, 
 
 Chapter 151. Of Of the protection of constables, 
 
 Chapter 152. Of the custody and estates of lunatics, 
 
 TITLE XXXIX. 
 
 Chapter 153. OF THE LIMITATION OF ACTIONS. 
 
 TITLE XL. 
 Chapter 154. of COSTS AND FEES, 
 
 581 
 585 
 585 
 587 
 590 
 590 
 
 599 
 
 601 
 
 PART IV 
 
 OF THE CRIMINAL LAW AND THE ADMINISTRATION OF 
 CRIMINAL JUSTICE. 
 
 TITLE XLI. 
 
 OF OFFENCES AGAINST THE GOVERNMENT. 
 
 Chapter 155. Of treason, ...... 610 
 
 Chapter 156. Of offences relating to the army and navy, . 610 
 
 Chapter 157. Of offences against religion, . . . 612 
 
 Chapter 158. Of offences against public morals, . . 613 
 
 Chapter 159. Of offences against the law of marriage, . . 614 
 
 Chapter 160. Of offences against the public peace, . . 615 
 
 Chapter 161. Of offences against the administration of justice, 616 
 
 Chapter 162. Of offences against the person, . . . 617 
 
 Chapter 163. Of offences against the habitation, . . . 619 
 
 Chapter 164. Of fraudulent appropriations, . . . 621 
 
 Chapter 165. Of forgery and offences relating to the coin, . 624 
 
 Chapter 166. Of malicious injuries to property, . . 625 
 
 Chapter 167. Of the definition of terms in this title, . . 628 
 
 TITLE XLIL 
 
 OF THE ADMINISTRATION OF CRIMINAI. JUSTICE. 
 
 Chapter 168, Of the administration of criminal justice in the 
 
 supreme court, .... 680 
 
 Chapter 169. Of the duties of justices of the peace in criminal 
 
 matters, ..... 651 
 
to&iute d Ijj&a-itjjtia. 
 
 IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED 
 AND FIFTY-EIGHT. 
 
 J)- ...^, 
 
 'i^s^ c..tf<^~ 
 
 J) 
 
 AN ACT 
 
 FOR REVISING AND CONSOLIDATING THE STA 
 TUTES AND LAWS OF THE PROVINCE. 
 
 Second Series. 
 
 JdE it Enacted, by the Governor, Council and 
 Assembly, as follows : 
 
2 eonsteuction of statutes [part i. 
 
 Chap. 1. 
 
 PART I. 
 
 OF THE INTERNAL ADMINI3TEATI0N OF THE GOVERNMENT. 
 
 TITLE I. 
 CHAPTER 1. 
 
 OF THE PROMULGATION AND CONSTRUCTION OF STATUTES. 
 
 All acts public. 1. All acts shall be deemed public, and may be declared 
 on, and given in evidence without being specially pleaded. 
 
 Commencement 2. The clerk of the legislative council shall endorse on 
 
 of date. every act the date of its passage, and the endorsement shall 
 
 be held part of the act, and shall be the date of its com- 
 mencement, unless otherwise provided. 
 
 Publication 3, Printed copies of acts published in the royal gazette 
 
 how evidenced. • . ^.. ^ . . i i.t iT j i. 
 
 newspaper, m Halifax, or purporting to be publisned by 
 the queen's printer for the province, shall be evidence of 
 such acts. 
 S,t?on\be sM^e ^- -^^7 ^°* ^W ^® altered or repealed during the session 
 session. in which it shall have passed. 
 
 prrasenaot *^' ^- ^0 ^°* "or any portion of an act that shall be repealed, 
 
 ment only. shall be revived, unless by express enactment. 
 
 Prooeedtags^un- g. Where an act shall be repealed in whole or in part, 
 
 tinned under and other provisions substituted, all persons acting under 
 
 '^^'"' the old law shall continue tc 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 stillin force. 
 
 aot"f meanSig^ '^- ^^ ^^^ Construction of acts, the following rules shall 
 
 oftorms i gene- be observcd, unless otherwise expressly provided for, or 
 
 provisions, g^^^j^ construction 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" and " lieutenant governor" shall include the 
 governor, lieutenant governor or commander in chief, 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 
 session" shall denote a special sessions of the peace for the 
 county or district. 
 
TITLE I.] CONSTRUCTION OP STATUTES. > 
 
 "Justice" shall signify justice of the peace. Chap. 1. 
 
 " Prothonotary " shall include deputy prothonotary. 
 
 " Clerk of the crown" shall include deputy clerk of the 
 crown. 
 
 "Jail" shall mean county jail, and where imprisonment is 
 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 like manner. 
 
 " Highway" or "road" shall signify a public highway or 
 road, 'and may also include county bridges. 
 
 " Land," " lands," or " real estate," shall include lands, 
 tenements, and hereditaments, and all, rights thereto and 
 interest therein. 
 
 " Goods" shall mean personal property. 
 
 "Issue" as applied to the descent of estates, shall be 
 construed to include all the lawful, lineal descendants of 
 the ancestor. 
 
 " Eepresentatives " shall mean executors and adminis- 
 trators. 
 
 " Wills " shall 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 affirmations in cases where by law, 
 an affirmation may be substituted for an oath ; and in the 
 like cases the word " sworn " shall include the word 
 "affirm." 
 
 " 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" 
 sufficient security. 
 
 Every word importing the singular number only may 
 extend to several persons or things as well as to one person 
 or thing : and every word importing the plural number 
 only, may extend to one person or thing as well as to 
 several persons or things ; and every word importing the 
 masculine gender only, may extend to females as well as 
 to males. 
 
 All words purporting to give a joint authority to three 
 or more persons shall be construed as giving authority to a 
 majority of such persons. 
 
 Where a penalty shall be imposed, and no particular mode 
 
 be prescribed for the recovery thereof, the same may be 
 
 recovered in the name of any person who wiU sue therefor, 
 
 in the same maimer, and with the like costs, as if it were a 
 
 1 
 
1: CONSTRUCTION OP STATUTES, [PAET 1. 
 
 Chap. 1. private debt due such person, the nature of the oiFence 
 being briefly stated, and where no particular mode of apply- 
 ing 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 
 injured. Appeals to the supreme court shall be allowed by 
 justices of the peace, from every judgment given by them 
 in all cases tried before them, in the same manner and on 
 the same terms as are provided in civil suits, except where 
 otherwise specially provided. 
 
 All penalties and forfeitures, not exceeding ten pounds, 
 may be sued for and recovered before any two justices of 
 the peace; but if incurred within the city of Halifax, before 
 the police court. 
 
 Prosecutions for such penalties or forfeitures may be in 
 the name of any person, or of any corporate body. 
 
 Where authority to make appointments to public situar 
 tions is conferred, it shall include the power to fill up 
 vacancies caused by death, resignation, removal, or refusal 
 to act. 
 
 Where power to make bye laws, regulations, rules or 
 orders is conferred, it shall include the power to alter or 
 revoke the same, and make others. 
 
 No bye law shall be enforced if repugnant to law. 
 
 ' When it is declared that any matter is to form a county 
 
 charge, the expense shall be presented, confirmed, assessed, 
 
 levied and collected with and by the same means as by law 
 
 directed with regard to other moneys for county purposes. 
 
 Where forms are prescribed, slight deviations therefrom, 
 not affecting the substance or calculated to mislead, shall 
 not vitiate them. 
 
 If the day upon which an act is to be done shall fall oh a 
 Sunday, Christmas Day, or Good Friday, the same shall be 
 performed on the day following. 
 
 Justices of the peace may administer aU oaths, with 
 regard to the taking of which no particular directions are 
 given. 
 
 Quakers or Moravians, where an oath is prescribed, may, 
 instead of taking the same, solepanly 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 an oath. 
 
 When bonds are required to be given by a public officer, 
 they shall be taken in her majesty's name when not other- 
 wise directed. 
 
"TITLE n.] OF THE LEGISLATURE. I 
 
 All oflStcers now appointed, or hereafter to be appointed Chap. 2. 
 
 by the . Governor, whether by commission or otherwise, 
 
 shall remain in office during pleasure only, unless otherwise 
 expressed in their commissions or appointments. 
 
 TITLE IL 
 
 OF THE LEGISLATURE. 
 
 CHAPTER 2. 
 
 OP EXECUTIVE AKD LEOISLATIVE DISABILITIES. 
 
 1. The following persons holding the situations herein- ^f^^°^^ ^'s.^- 
 after mentioned within the province, by themselves or theLegfaiaturo. 
 deputies, or by others in trust for them, or for their benefit, 
 
 shall be incapable of being appointed to, or holding seats in 
 the executive council, or of being appointed to, or of sitting 
 or voting in the legislative council, or of being elected as 
 members of, or sitting or voting in the house of assembly, 
 viz : the judges of the supreme court, the judge of the court 
 of vice admiralty, officers and clerks of the customs and 
 of colonial and light duties, and persons concerned in the 
 receiving or managing of any moneys to be collected under 
 any of such departments, the postmaster general, and 
 persons having a general control or superintendence over 
 the department, the deputy postmaster in Halifax, and per- 
 sons employed about the department there. 
 
 2. The appointment, election, or return of persons dis- Penalty in case 
 abled as hereinbefore mentioned, shall be void; and every °^°^'''^'"'- 
 person so disabled who shall take his seat as a member of the 
 executive council, or shall sit or vote as a member of the 
 legislative council or of the house of assembly, shall forfeit 
 
 ten pounds for every day in which he shall so' sit or vote, 
 to be recovered in the supreme court. 
 
 3. After the dissolution of the present house of assem- olfoeToSoiu® 
 bly no person holding any office of profit or emolument ment under go 
 under the provincial government shall be eligible as a mem- IiTg^Slf ' °°' 
 ber of the general assembly, unless within ten days pre- proviso, 
 viously to the holding of the sheriff's court for the nomina- 
 tion of members to serve in such general assembly, he shall 
 
 resign such office of profit or emolument, and signify such 
 resignation to the provincial secretary''. After dissoiu- 
 
 4. After the dissolution of the present house of assem- wy"no ono'in" 
 bly no person holding any office of profit oi- emoluinent "ScanTa'T 
 under . the provincial government shall continue to hold a ^!'^^j.'^^^||^''^ 
 seat in the legislative council, unless within thirty days pi<oviso. 
 
g (W THE LECflSLATURB. [PAET I, 
 
 Chap. 3. after such dissolution he shall resign sncbofEce of profit or 
 emolument, and signify such resignation, in writing, to the 
 
 provincial secretary, 
 to^fflc?™-^'' 5. Any member of the house of assembly, or legislative 
 cates Ms seat, council, accepting any such office after the dissolution of 
 
 the present house of assembly, shall vacate his seat thereby. 
 Offices to which (5_ Nothing in this act contained shsll extend to any one 
 aotdoesnotex-^^^ shall fill any of the following offices, that is to say: 
 
 provincial secretary, financial secretary, receiver general, 
 
 commissioner of crown lands, attorney general, advocate 
 general, solicitor general, queen's counsel, or one member 
 
 of the railway board in each branch of the legislature, nor 
 
 shall it extend to justices of the peace. 
 Memhers shall n Whenever anv person holding the office of receiver 
 
 not vacate seat , . . ^ •' '^ , « °. i , „j.i„„„„„ 
 
 on change of general, provincial secretary, financial secretary, attorney 
 *"^'^''' general, solicitor general, commissioner of crown lands, 
 
 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 any other of such offices, he shaU 
 not thereby vacate his seat in such assembly. 
 
 CHAPTER 3. 
 
 OP THE REPRESENTATION IN GENERAL ASSEMBLY. 
 
 Nnmher of 1. The representation in general assembly, shall be as 
 
 county and „ ,, ^ ° • " ' 
 
 township mem-IOllOWS: 
 
 ^^'^^- For the counties of Halifax, Hants, Kings, Queens, 
 
 Lunenburg, Colchester, Cumberland, Pictou, Sydney, Guys- 
 borough, Victoria and Inverness, each two members. 
 
 For the counties of Annapolis, Digby, Yarmouth, Shel- 
 burne. Cape Breton and Eichmond, each one member. 
 For the township of Halifax, two members. 
 For the townships of Newport, Windsor, Falmouth, 
 Horton, Cornwallis, Granville, Annapolis, Digby, Clare, 
 Yarmouth, Argyle, Shelburne, Barrington, Liverpool, Lunen- 
 burg, Truro, Londenderry, Amherst, Pictou, Sydney, and 
 Arichat, each one member. 
 Annapolis, Dig- 2. For the purposes of this chapter the township of 
 Londonderry"'' Aunapolis shall be understood as including that part of the 
 Knld^'''^^ ^'^" township of Clements within the county of Annapolis ; the 
 township of Digby as including the townships of Hillsburg 
 and Weymouth'; the township of Truro as including elec- 
 toral districts number one, two, three, four and five of the 
 county of Colchester ; and the township of Londonderry as 
 including electoral districts numbers six, seven, eight, nine, 
 ten, eleven, twelve and thirteen of the same county ; and 
 the- township of Sydney as including the township ot North 
 Sydney. 
 
ttile u.] ltigfislative qualiticatioif. 'j 
 
 ■Chap. 4, 5. 
 
 CHAPTER 4. 
 
 OF THE DURATION OF THE CENEBAL ASSEMBLE. 
 
 Duratioa of as- 
 
 1. No general assembly sliall determine merely m coii-|«™wy^not af- 
 sequeace of the demise of her majesty. Queen's death. 
 
 2. Th« general assembly shall continue four years from j^™§f °fi^[t^f 
 the time appointed by the writs for its meeting, unless 
 
 isooner dissolved, and aao longer. 
 
 CHAPTER 5. 
 
 OP THE QUALIFICATION OP vCANDIDATES AND ELECTORS, AND 
 FRAUDS nsr.EEGAED THERETO. 
 
 1. Every elector shall be qualified as follows, that is to Quaiifieation of 
 
 gg^y . electors. 
 
 First — He shall have a legal and not mere equitable free- 
 hold estate in possession by himself or his tenants in fee 
 simple, fee tail for his own life, or for the life of another ; 
 
 *^' - 
 
 Secondly — He shall be a mortgagor or cestui que trust in 
 
 possession by himself or his tenants : or, 
 
 Thirdly — The husband of a woman seized in dower of 
 the real estate of a former husband where the dower has 
 been set off and reduced into possession : or. 
 
 Fourthly — A person holding real estate within the.Islaaad 
 of Cape Breton under a crown lease or license of occupar 
 tion, granted by the former government of the island, and 
 which was in force at the time the island was re-annexed to 
 this province, or under a deed purporting to be a convey- 
 ance of freehold estate made from such titles, — the estate 
 in any case to be of the clear yearly value of forty shillings-; 
 and if a tenant in common, joint tenant or co-parcener, the • 
 
 individual interest to be of the clear yearly value of forty 
 shillings, to be estimated by the value of agricultural or 
 other produce which the land or property bona fide and 
 actually yields, or by the annual value of the buildings 
 thereon. 
 
 2. Fifthly — All natural born and naturalized subjects of fi„^"xtended°" 
 the crown of Great Britain, having been and being domiciled to aii natural 
 as hereinafter limited, and being males over the age of raUzed°su5eots 
 twenty-one years, shall te entitled to vote for members to °™y ^^ y®"''^ °^ 
 serve in general assembly, that is to say, provided they 
 
 shall at the time of voting have had their usual place of . . 
 
8 iEGISLATITB QUALIFieATIOJir. [PAET I. 
 
 Chap. 5. abode for at least one year next before voting in the coun- 
 ties for which they' shall vote for county members, and in the 
 townships for which they shall vote for township members ; 
 and provided also that such naturalized subjects so voting, and 
 such natural born subjects as were not born in Nova Scotia 
 shall, in addition, have resided in the province for at least 
 five yearsnext before voting; and provided also, that per- 
 sons, voting on residence shall only be entitled to vote in 
 the electoral districts in which they reside at the time of 
 voting, and which districts must be in the counties and 
 townships respectively, for representing which the candi- 
 Pau ersandin <i^tes are to be elected at that election ; and no person who 
 dfanB^disabied " shall have received aid as a pauper under any poor law irt 
 der"thS aef "'°" this province, or aid as poor persons from any public grant 
 of government money, within one year before the day of poll- 
 ing, nor any Indian, shall be entitled to vq^te on residence. 
 Eegistration of 3. No person shall be entitled to vote under a grant or 
 titles. conveyance made to himself, unless the same shall have 
 
 been registered six months previously to the teste of the 
 writ for holding the election ; but this provision shall not 
 extend to a person holding by descent, devise or marriage. 
 Qiiaiifloation of 4. A ca:ndidatB shall at the time of election have a qua- 
 candidates. ijfication which would entitle him to vote, except that it 
 may be situate in any part of the province, and the grant 
 or conveyance thereof need not be registered. 
 Fraudulent 5. Fraudulent conveyances for the purpose of qualifying 
 
 conveyances. yQ^erg subject to agreement for re-conveyance, shall be- 
 taken, as against the grantors, as absolute, and collateral 
 securities for defeating the estate, shall be void. And any 
 person making the conveyance, or voting by color thereof, 
 shall forfeit twenty pounds. 
 Penalties for 6. If a person shall knowingly, falsely, and fraudulently 
 de^ed8"or voting prepare, make or execute, or shall knowingly, falsely and 
 thereunder. fraudulently assist in the preparing, making or executing 
 any conveyance of land, or of any interest in land, or in the 
 possession thereof, in, or to which the party who shall 
 execute, or be intended to execute, such conveyance shall 
 have no legal or equitable title or claim, for the purpose of 
 falsely and fraudulentlj' creating an apparent title or interest 
 * in the land, or the possession thereof, whether with a view 
 
 to create a colorable or pretended qualification to vote at 
 an election, or for the purpose of falsely and fraitdulently 
 inducing a person to vote at an election, or for any other 
 fraudulent purpose whatsoever, or if a person knowing a 
 conveyance to have been so fraudulently made, shall know- 
 ingly, falsely, and fraudulently vote, or offer to vote, at an 
 election on any such false and fraudulent title, every such 
 person shall for every offence forfeit twenty-five pounds. 
 Prosecutions 7. Pro^ocutions under the two preceding sections shall 
 menoed.*"^™"" be comiiienced within twelve months from the committing 
 of the offence, and no prosecution under either section shall 
 
TITLE n.] . LEGISLATIYE QUALIFICATION. 9 
 
 preclude a party aggrieved from prosecuting an action for Chap. 5. 
 damages, or prevent the recovery of a forfeiture under any 
 other section or chapter. 
 
 9. Every judgment recovered under this chapter, in de- imprisonment 
 fault of property of the defendant whereon to levy, and of 
 payment by him, may be levied on his body ; and the 
 defendant shall thereupon be committed to jail, there to 
 remain until the judgment be paid, or until he shall have 
 continued in jail for a period proportioned to the amount 
 of the penalty, viz : one week for every pound of the 
 penalty, but not in any case to eiceed three months. 
 
 9. At every election, the name of each person offering Persons offering 
 to vote by virtue of residence, shall be entered by the poll sworn— S- " 
 clerk in the poll book, and if objection be made in relation wo^sto be put. 
 to his right to vote at that election, by any person entitled 
 
 to vote at the same poll, the presiding officer shall tender 
 to him the following preliminary oath : — " You, A B, do 
 swear that you will fully and truly answer all such ques- 
 tions as shall be put to you touching your place of residejice, 
 and qualification as an elector. So help you God." The 
 presiding oificer shall then proceed to propose to the per-- 
 son challenged, the following questions, or such of them as 
 shall be required by the person objecting. 
 
 First. What is your name ? 
 
 Second. What is your age ? 
 
 Third. In what county do you reside? 
 
 FouHh. In what township do you reside ? 
 
 Fifth. How long have you resided in this province ? 
 
 Sixth. How long have you resided in this county ? [or 
 " township;" if voting for a township.] 
 
 Seventh. Do you reside in this polling district? 
 
 Mgliih. How long have you resided in this polling dis- 
 trict ? 
 
 Ninth. Are you a native born subject of her majesty ? 
 
 Tenth. (If not a natural born subject.) Have you been 
 naturalized ? 
 
 Eleventh. (If a naturalized subject.) When and where 
 were you naturalized? 
 
 The presiding officer shall allow no other questions to be tJnneoeasary 
 
 , , '■ ° ,. ^ . , J- ■ ^ 111 Questions not 
 
 put to persons votmg by virtue oi residence, nor snail any permitted, 
 questions be put except through him, nor shall he permit 
 the time to be unnecessarily protracted on pretence of 
 questioning a vote, and the presiding officer shall promptly Purport of an- 
 put the questions, and the poll clerk shall instantly enter in sw6^| to be en- 
 the poll book the purport of the answers, and the same 
 being read to the voter shall be conclusive against him. If Effect of answer 
 the elector shall not promptly answer the questions, his Refusal to an- 
 name shall be expunged, and he shall not be allowed to poll 
 at that election. ^ 
 
 10. The presiding officer shall point out to the elector, where quaiifl- 
 the qualification, if any, in respect to which he shall appear defioSn^'^"*"^'" 
 
10' LEGISLATIVE QUALIFICATION. [PART L 
 
 Chap. 5. to the presiding officer to be deficient ; and if the person so 
 Objected votes.' off&ring shall persist in his claim to vote, and the objection 
 shall not be withdrawn, a candidate against whom the vote 
 is given, or his agent or inspector, may then direct the vote 
 ^at^oaths^j to be marked " objected" on the poll book without requiring 
 nistered* ' the elector to be sworn, or he may mark the vote "objected," 
 and require the oath number one to be taken by native 
 born Nova Scotians, the oath number two by naturalized 
 subjects or natural born subjects boi'n elsewhere than in 
 _ Nova Scotia, and the oaths numbers three and four by both 
 classes of voters ; and if any of the oaths prescribed by 
 this chapter be declined, the voter's name shall be imme- 
 diately struck out, and that person shall not be permitted 
 again to poll at that election. 
 When nnquaii- 11. If any person being so questioned shall persist in 
 peraFsUn TO- Voting notwithstanding his answers have clearly shown that 
 *'°s- }ie was not entitled to vote under the residence qualifica- 
 
 ,tion, and shall take the final oath as aforesaid, the vote of 
 such persons shall be subject to the provisions of the thirty 
 / ' ; Liiiih section of the seventh chapter, in the same manner as 
 therein is prescribed in the cases of the votes of persons 
 having voted in a wrong district, or more than once. 
 Voters who 12. No person shall lose any part of his residence by 
 
 have been ab- i. iti* ■ ^ ^ . 'i*i 
 
 sent from their being on board ship, or m any semmary oi learning, or 
 Senoe."^"^^^'' otherwise temporarily absent for any period less than one 
 
 year. 
 
 Residence qua- 13. Hereafter no person shall be entitled or permitted 
 
 MoationforTo- ^^ ^^^^ ^^ ^^^ election of a member to serve in general 
 
 assembly by reason of real estate situated in the township 
 
 or county in and for which he shall desire to vote, or by 
 
 reason of any property qualification whatever, unless such 
 
 person for three months next immediately preceding his 
 
 offering to vote shall have had, and at the time of voting 
 
 shall have, his actual residence and habitation within the 
 
 county in which his real estate or property qualification 
 
 lies, and in which he offers to vote at such election. 
 
 Every voter 14. Any persou offering to vote at any election for a 
 
 ne'xed*oatifif representative to serve in general assembly upon or in 
 
 '^^luiKdby respect of the possession of real estate or any property 
 
 qualifiation, shall, before he shall be permitted to vote, take 
 
 the oath number five in the schedule hereto annexed, if 
 
 thereto required by any candidate, candidate's officer, or 
 
 elector, in addition to any other oath he may be bound to 
 
 take. 
 
 Non-resident 15. Any person who by reason or on pretence or claim 
 
 pounds.'™ of the possession of real estate or any property qualification, 
 
 shall vote in any county in which for three months next 
 
 before the time of his so voting, he shall not have had, and 
 
 in whkh at the time of voting he shall not have, his 
 
 actual residence and habitation, shall forfeit ten pounds, tO 
 
 How recovered. ]jq recovered as a private debt by any candidate at such 
 
TITLE II.] LEGISLATIVE QUALIFICATION. 11 
 
 election, except the candidate for whom such person voted ; Chap. 5. 
 or if no candidate shall sue therefor within three months, 
 then after that time by any person who will sue for the 
 same, and in, such action it shall only be necessary to prove 
 the fact of the election having been held, and of the de- 
 fendant having voted thereat, and of his non-residence for 
 three months- next immediately preceding such election. 
 
 SCHEDULE. 
 
 OatTi Number One. 
 You, A B, . do swear that you are a native born Nova 
 Scotian of the full age of twenty-one' years and upwards, 
 and that you have had your usual place of abode, for at 
 
 least one year next before this day, in the county of^ 
 
 \or the township of as the case may be;] and that you 
 
 have not been polled, nor have given a vote for any candi- 
 date at this election ; and that you reside and have now 
 your place of abode within this electoral district. So help " 
 you God. 
 
 Number Two. 
 You, A B, do swear that you are a natural born [or, as 
 the case may he, naturalized,'] subject of the crown of Great 
 Britain, not born in Nova Scotia, of the full age of twenty- 
 one years and upwards, and that you have resided in this 
 province for at least five years next before this day, and 
 that you have had your usual place of abode for at least 
 
 one year next befcye this day, in the county of \or 
 
 the township of — , as the case may be ;] and that you 
 
 have not been polled, nor have given a vote for any candi- 
 date at this election for this county, [or township, as the 
 case may be ;] and that you reside and have now your place 
 of abode within this electoral district. So help you God. 
 
 Number Three. 
 You, A B, do swear that you have not, within one year 
 next before this day, received aid as a pauper under any 
 poor laws in this province, or as a poor person under any 
 public grant of the province. So help you God. 
 
 Number Four. 
 You, A B, do swear that you have not received and had, 
 by yourself, or any person whomsoever in trust for you, 
 or for your use and benefit, directly or indirectly, any sum 
 of money, office, place, emolument, gift or reward, nor any 
 promise or security for any money, office, place, employment, 
 gift or reward, in order to give your vote at this election, 
 and that you have not before this been polled, nor have given 
 a vote for any candidate at this election for this county [or 
 township, as the case may be,] and that your place of resi- 
 dence is at — — . Sp- help you God. 
 
12 BBIBERT AND ELECTIONS. [PAET I. 
 
 Chap. 6. Number Five. 
 
 You, A B, do swear that for three months next imme- 
 diately preceding this election, you have actually resided, 
 and do now actually reside, within this county, in which 
 your real estate or property qualification, on which you 
 claim a right to vote, is situated ; and that you have not 
 been previously polled or given a vote for any candidate at 
 this election. So help you God. 
 
 CHAPTER 6. 
 
 OF BRIBERY AND TREATING AT ELECTIONS. 
 
 tainmentnot^'^' "'- '^'^ person shall recover from a candidate, or his 
 recoverable, v agents for entertainment furnished, at the request of any 
 of them, to other persons at an election; and if upon trial 
 it shall appear that any part of the plaintiffs claim is for 
 entertainment so furnished, he shall be non-suited. 
 Penalty for fur- 2. If a candidate during an election shall furnish, or 
 ms ing iquors. ^j|ijjjg|y permit to be furnished to an elector or person 
 claiming to be an elector, any intoxicating liquors, he shall 
 forfeit one hundred pounds. 
 Penalty for 3. If an elector, or person claiming to be an elector, 
 
 ceivhrgteibes. shall ask or receive any money or reward for himself or any 
 of his kindred, to vote, or abstain from»voting at an elec- 
 tion, he shall forfeit one hundred pounds. 
 Penalty for of- 4. If a person shall, by any gift or reward, or by a 
 fenng bribes, promise, agreement or security for any gift ot reward, 
 procure another to vote, or abstain from voting at an elec- 
 tion, he shall forfeit one hundred pounds. 
 Penalty how re- 5. In an action for recovery of a forfeiture under this 
 chapter, it shall suffice for the plaintiff to declare that the 
 defendant is indebted to him in the amount of the forfeiture, 
 and'tb 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 
 Limitation of 6. Actious under this chapter must be commenced within 
 actions. three months after the offence. 
 
title n.] conducting elections. 13 
 
 Chap. 7. 
 
 CHAPTER?. "^'tJ-^rJ^^^- 
 
 ON THE MANNER OP CONDUCTING ELECTIONS. 
 
 1. The electoral districts and polling places shall remain Ofeftotorai dia- 
 
 ,,,•11 ^ ° -"^ trlots. 
 
 as now„estabushea. 
 
 2. Electors residing in the vicinity of the townships of Electors near 
 Windsor and Falmouth, but not in either township, shall moutrwherelw 
 vote for the county of Hants, at the court house, 'in vote. 
 Windsor. 
 
 3. When a new assembly shall be summoned, or more Writs how 
 than one vacancy occur at or about the same time, the writs the?r oontenk 
 shall be so transmitted that the same may be received by 
 
 the respective sheriffs as nearly as may be at the same time. 
 There shall be at least forty days between the teste and ^ 
 return of writs. The writs shall in the body thereof 
 express the day when the sheriff shall hold his court for the 
 commencement of the election, allowance being made for 
 enabling the sheriff to give at least ten days' notice of the 
 election throughout the county or township; and' in cases 
 of general elections, or where more than one writ shall be 
 required to be issued at or about the same time, the day 
 named for holding the sheriff's court for commencing the 
 election shall be the same in all the writs. 
 
 4. The sheriff shall, immediately on the receipt of a writ, on re'eefvin '^ 
 endorse thereon the day of receipt, and shall forthwith the writ. " ■ 
 cause notice in writing, or by printed handbills to be posted 
 
 in some of the most public places within every district in 
 the county or township for which representatives are to be 
 elected, which notices shall express the day when the 
 sheriff will l^oVi. his court at the county court house, for 
 opening the election, being the day named in the writ there- 
 for, and also the time and place at which, in case a poll be 
 demanded, the same will be taken, and the number of repre- 
 sentatives to be elected, and for what places in particular 
 under the writs then in the sheriff's hands; and the poll 
 shall be taken in the week next following that wherein the 
 sheriff's court for 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. 
 
 5. The election for a county, and the toAvnships within p"™*/-*^"? . 
 
 , . • 1 n 1 1 J. J X xi. township olec- 
 
 it that return representatives, shall be conduoted at the tions to be con- 
 same time; and the polling for the county and townships ''"'"^'^*"^°"'" 
 shall, within the townships, be taken by the same presiding 
 officers and sheriffs' poll clerks, and at the same times and 
 polling places. 
 
 6. On the day appointed for opening the election, the sheriff's auty^ 
 sheriff shall open his court at the county court house, which, Mur?.""'"^ 
 
14 CONDUCTING ELECTIONS. [PART I, 
 
 Chap. 7. in the county of Yarmouth, shall be at the court house in 
 
 Yarmouth, between the hours of ten and twelve of the- 
 
 clock in the forenoon, and shall read his writs, and shall take 
 the following oath, to be administered by a justice of the 
 peace or any two freeholders of the county then present : 
 
 " I, A. B., do swear that I have not received, and will not 
 receive, any sum of money, office or employment, or gratuity, 
 or any iDond, bill or note, or promise of gratuity whatsoever, 
 either by myself or another, to my use or advantage, for 
 appointing any presiding officer to take the poll, or for 
 appointing any poll clerk, or for making any return at this 
 election ; and that I will make such appointments impartially 
 and faithfully, and will, according to my best judgment, in 
 all things to be done by me in the election, act impartially 
 and according to the law." 
 
 And the sheriff shall then administer to the clerk whom 
 he shall have appointed to assist him in the election, an oath 
 for the faithful and impartial discharge of his duty, and shall 
 continue the court open until four of the clock in the after- 
 noon of that day; and on the same day, and as soon after 
 four 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. 
 His duty at the 7. The sheriff shall, at his court, receive the names of 
 court. ^^^ candidates proposed by two freeholders of the county 
 
 or township previously to four o'clock; and their names 
 shall be, by the clerk, under the sheriff's direction, entered 
 in the sheriff's poll book, and no candidate's name shall be 
 entered after four o'clock, and at that hour the sheriff shaU 
 proclaim the names of candidates, and shall receive the 
 schedules of, and administer the qualification oaths to can- 
 didates whose qualifications may be questioned, and who 
 shall not have previously qualified ; and in the case of each- 
 election, in respect of which, previously to fou^, o'clock, no 
 more candidates are proposed than are required to be 
 returned, the election shall be forthwith determined, and 
 the sheriff shall declare the candidates proposed and who 
 shall have qualified if thereto required, duly elected mem- 
 bers, and shall make return of the writ accordingly ; and i^ 
 cases of elections where opposing candidates shall be pro- 
 posed previously to four o'clock, who shall have qualified if 
 required as directed by this chapter, and wherein 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 districts, conformably with the 
 notices before conditionally given, and shall 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. 
 SndldateP '^ §• If, at the court, an elector shall question the qualifi- 
 <i?aiifloation cation of a candidate, the candidate, if present, shall, before 
 
TITLE II.] CONDUCTING ELECTIONS. 15 
 
 the court is closed or adjourned, deliver to the sheriff a Chap. 7. 
 schedule containing the particulars of his qualification, and, 
 at the foot thereof, subscribe the- following oath: 
 
 " I, A. B., do swear that I am by law qualified to' be elect- 
 ed a member of assembly, and that the foregoing schedule 
 doth contain a full, true, and particular account, to the best 
 of my knowledge and belief, of the property in respect 
 whereof I claim a right to be elected, and of my title 
 thereto, and that the same hath not been granted or con- 
 veyed to me fraudulently on purpose to qualify me to be so 
 elected." 
 
 And if a candidate whose qualification is questioned shall 
 not be present, there shall then be delivered to the sheriff 
 a schedule and deposition in writing in the foregoing form, 
 signed and sworn to by the candidate, or otherwise such 
 schedule signed by an agent appointed by Ihe candidate or 
 by any two electors, and also a deposition signed and sworn 
 to by the agent in the following form : 
 
 " I, A. B., do swear that C. D., a candidate for the [here 
 insert the county or township'] at the present [or approaching] 
 election is, to the best of my belief, qualified to be elected 
 a member of assembly, and that the foregoing schedule doth 
 contain a full, true, and particular account, to the best of 
 my belief, of the property in respect whereof the said C. D. 
 hath a right to be elected, and of his title thereto. And 
 that the same hath not been granted or conveyed to him 
 fraudulently on purpose to qualify him to be so elected, to 
 the best of my belief." The oaths to be administered by a 
 justice of the supreme court, a justice of the peace, or the 
 sheriff. 
 
 9. If the qualification of a candidate, when questioned, if qualification 
 shallnot, before the close or adjournment of the court, be oanlfdate'^m- 
 spewfied and verified as in the preceding section directed, eligible. 
 
 the candidate shall be incapable of being elected ; nor shall 
 his name be entered on the poll book, or if entered the 
 same shall be expunged at or before the" close or adjourn- 
 ment of the court. 
 
 10. No presiding; oflScer shall receive, nor shall any poll No votes reoeiv- 
 
 -S,, ° „ 'ti, *^fii able unless ean- 
 
 clerk record, the narcte oi a person as a candidate, nor shall didates' name 
 any vote be received for him, unless his name shall have " ^ ®° 
 been entered as a candidate in the sheriff's poll book at the 
 court, and shall not have been expunged ; and votes entered 
 on a poll book contrary to this provision shall, in respect of 
 such person, be expunged and not isounted by the sheriff in 
 casting up the votes. 
 
 11. "When a poll shall have been granted it shall be Srand^ciSg 
 opened in the different districts, at or near the polling place, poiis. 
 
 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.. 
 •12. The sheriff shall, prior to the polling, cause booths ^rTCtel'" ^ 
 
16 CONDUCTING ELECTIONS. [PART I. 
 
 Chap. 7. to be erected, or procure buildings at which the poll, may be 
 taken. 
 pS"ng6ffi'°^ 13. When a poU'has been granted the sheriff shall, by 
 oors and poll precept Under his hand, appoint a presiding officer for taking 
 the poll in each district, who shall be then resident within 
 the county and shall have been so for a year then next pre- 
 ceding, and shall thereby direct the presiding officer at the 
 appointed time and place to take the poll within the district 
 > as well for the county as the township, if such district 
 includes any part of a township that is to return a repre- 
 sentative ; and the sheriff shall also appoint a poll clerk for 
 taking the votes under the direction of the presiding officer 
 in each district, and the clerk shall prepare a poll book and 
 enter therein, in separate columns, the names of the can- 
 didates for whom votes are to be. given within the district ; 
 and the names of the candidates and the necessary informa- 
 tion 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 pre- 
 siding officers and poll clerks. 
 Sheriff a presid- 14. The sheriff may act as presiding officer in a district 
 
 in"" onic6r -• 
 
 without precept and withotit taking the presiding officer's oath. 
 
 Duty of presid- 15. The presiding officer shall, at the Opening of the poU, 
 
 oafh°''iaOi'of^^ read aloud his precept and declare the names of candidates, 
 
 oioric. a,nd whether for county or township ; and shall at or before 
 
 the opening of the poll and before receiving a vote, take 
 
 the following oath : 
 
 " I, A. B., do swear that I have not received any sum of 
 money, office, employment or gratuity, or any bond bill or 
 note, or any promise of gratuity, by myself or another, to 
 my use or advantage, for making any return at this elec- 
 tion; and that I will faithfully discharge my duty at"'>the 
 election to the. best of my knowledge and judgment*; and 
 that I will return to the sheriff a true and faithful account 
 of the votes polled in this district wherein I preside." 
 
 And the poll clerk shall before or at the opening of the 
 poll take an oath in the same form down to the asterisk, 
 with the addition of these words thereafter : " and I will 
 faithfully record the votes received in the district where 
 I act as poll clerk." 
 
 The sheriff, a justice of the peace, and, in their absence, 
 
 any two electors, are authorized and required to administer 
 
 the oaths. 
 
 Appomtment of 16. The presiding officer shall appoint an inspector, an 
 
 agmt, clerk for agent, and a clerk, when nominated by or on behalf of a 
 
 -anuiuate ; his candidate, and their names shall be immediately entered in 
 
 the poll book, and the clerk shall take the following oath to 
 
 be administered by the presiding officer : 
 
 "I, A. B., do swear that I will take this poll fairly and 
 impartially by entering the ■ names and places of abode of 
 
 ca 
 oath, 
 
TITLE n.] CONDUCTING ELECTIONS. 17 
 
 the electors, and the names of the candidates for whom they Chap. 7. 
 shall vote ; and also the description they may give of their 
 property and title to vote." 
 
 17. Elefctors for the county, in which they reside shall Electors how 
 vote for the county in the electoral district in which they Toto. 
 reside. Electors for the township in which they reside 
 
 shall vote for the township in the electoral distiict in which 
 they reside, Where a county and township election shall 
 be held at the same time, electors for both shall give their 
 votes for both at the same time ; and after once polling any 
 of their votes shall not be permitted to give any remaining 
 votes ; and if any such remaining vgtes shall be entered on 
 the poll book they shall be expunged by the presiding 
 officer, or, in case of his omission so to do, by the sheriff in 
 casting up the votes. The oath to be taken by the electors 
 in this section mentioned, when required, shall be the first 
 oath in the. schedule. 
 
 18. Electors for a township lying in the county in which Non-roaiaent 
 they reside, but in which township they do not reside, shall ors where to 
 vote for the township in the district in which their qualifi- ™'''' 
 cation lies ; and the oath to be by them taken, when required, 
 
 shall be the second oath in the schedule. 
 
 19. Votes given in a wrong district shall be struck out S^STnd'fspnto. 
 of the poll book ; but where the boundary lines between 
 districts are doubtful, the district in which an elector is 
 
 reputed to reside, shall be held to be the district in which 
 he should vote. 
 
 20. Presiding ofScers, poll clerks, candidates, and the officers may 
 inspectors, agents, and clerks of candidates, may poll all their fngf ^ "^^ '^° 
 votes in the district where they are acting ; but the names 
 
 of inspectors and agents must have been previously entere4| 
 on the poll book as acting in the capacity. The oath to b^ 
 taken, when required by voters under this section, shall be 
 the third in the schedule. Presiding officers shall make a 
 special return of voters given under this section for town- 
 ships in which their districts are not included. 
 
 21. An elector when questioned on behalf of a candidate, X^to'^bePfelfri- 
 through the presiding officer, shall truly describe the pro- bed -, manner of 
 .perty on which he votes, with the annual produce and value " ''^° '°°' 
 
 he derives therefrom, and his title thereto, and the time of , 
 registry of deeds under which he votes, and the description, 
 annual value, title and registry, shall be entered in the poll 
 book and be conclusive on the elector : and a candidate 
 against whom the vote is given, or his inspector or agent, 
 may direct the vote to be marked " objected " on the poll 
 book, without requiring the elector to be sworn, or he may 
 mark the vote " objected," and cause the elector to be 
 sworn under the qualification oath applicable, and the oath 
 against fraudulent conveyances and bribery, being the fourthg 
 in the schedule, or either of them. 
 
 22. The presiding officer shall administer the oaths to be nSnistered. "''" 
 taken by electors, H 
 
18 CONDUCTING ELECTIONS, [PAET I. 
 
 Lhap. 7. 23. If an elector, when required, shall not take the oaths 
 u'°oaih''?efaS(L prescribed, his vote shall be expunged. 
 Manner of Voi> ^4. The presiding officer shall prevent unnecessary delay 
 '°s- in polling, and no person shall be permitted to interrupt the 
 
 polling by addressing the freeholders, or otherwise ; and 
 for avoiding needless and factious questioning of voters, the 
 elector shall immediately state for whom he votes ; and 
 thereupon, the candidate against whom he votes, or his 
 inspector or agent, may require the presiding officer to put 
 such necessary and pertinent questions as may be proper 
 for ascertaining the elector's right to vote, and the presiding 
 officer shall allow no other questions to be put, nor shall 
 any questions be put, except through him, nor shall he per- 
 mit the time to be unnecessarily protracted on pretence of 
 questioning a voter, and the presiding officer shall promptly 
 put the questions, and the poll clerk shall instantly enter 
 in the poll book the purport of the answers, and read the 
 same aloud to the voter. If the elector shall not promptly 
 answer the questions his vote shall be expunged, and he 
 shall not be allowed to poll again.. 
 Duty of presid- ^^- ^^® presiding officer, after the close of the poll, and 
 ing officer on before making return to his precept, shall subscribe in 
 ooseo po . ^-^^ p^jj ^QQ^ ^.jjg following oath, to be administered by a 
 justice of the peace or two freeholders of the district : 
 
 " I, A. B., presiding officer for the district of , in 
 
 the county of , do swear that the poll clerks were 
 
 duly sworn, and that to the best of my belief this poll book 
 was truly and correctly taken under my direction," and con- 
 tains a true and correct statement of the votes taken at the 
 poll for the district held in pursuance of the sheriff's pre- 
 
 J|pept to me directed, and tested the day of , in the 
 
 year of our Lord one thousand eight hundred and — ■- — ." 
 
 ?n"ofoseof^poU. ^^- '^^^ P°^^ ^^^^^' ^^*®^ *^® presiding officer shall have 
 taken the oath in the preceding section, shall enclose and 
 seal the poU book, and deliver it to the presiding officer at 
 the poll, who shall give a receipt therefor, and shall forth- 
 with return the same, so sealed, with his receipt, to the 
 -sheriff. 
 Penalty for mis- 27. If a presiding officer shall not, when required, 
 sicfing^offlcery" administer the oaths to an elector in a competent state of 
 mind to take them, or shall allow any person to interfere, 
 or put questions to voters, by which time is taken up, or 
 shall put questions other than in this chapter specified, con- 
 trary to the wish of any candidate or his agent, or shall 
 wilfully protract, or permit to be protracted, the polling, or 
 shall otherwise offend in the premises, he shall forfeit ten 
 pounds for every offence. 
 fetamrn-°poU* ^^- ¥ ^ Presiding officer shall not, before the opening of 
 book. ° ©the sheriff 's court on the day to which the same was ad- 
 journed, return the poll book and his precept to the sheriff, or 
 shall alter the poll book, he shall be liable to an action for 
 • 
 
TITLE n.] COKDUCTIXG ELECTIONS; 19 
 
 damages at the siiit of any party aggrieved, -and shall also Cuap. 7. 
 forfeit for every offence fifty pounds, and the further sum " 
 of five pounds for every day's neglect to return the poll 
 book. 
 
 29. If a poll clerk shall offend in the premises he shall Ponaityforpoii 
 forfeit ten pounds for every offence. SS'' '"'"""" 
 
 30. If any elector shall knowingly vote in a wrong dis- Ponaity for vr,- 
 trict, he shall for every offence forfeit five pounds. (Sria.'' ^''^"^ 
 
 31. If a person shall vote more than once at the same fi^JlfoVotw 
 election for the same county or township, or shall vote pr peisonatuiK 
 under a false name, or shall personate and vote in the name 
 
 of another, or not being qualified to vote, shall knowingly 
 vote, he shall for every offence' forfeit twenty pounds. 
 
 32. The sheriff at his courts, and the presidino- ofScers at shorifisandpiT. 
 their polling places, shall be, during the day on which the conscn-atois of 
 election or polling may be prosecuted, conservators of "'^ '"*'""*■ 
 the peace, and vested with the same powers for the pre- 
 servation of the peace and the apprehension and committal 
 
 for trial or holding to bail, or trying and convicting 
 violators of the law and good order, as are vested in 
 justices of the peace ; and for the purpose of preserving 
 peace and good order at the election or polling, the sheriff 
 or presiding officer may require the assistance of all persons 
 present to assist him, and may commit any persons for 
 breach of the peace, violating or threatening electors at, or 
 coming to, or returning from, the election or polling, or for 
 any violation of good order, to the custody of any person 
 on view, for anj'' time not exceeding twelve hours, or may, 
 by a writing under his hand, commit to prison for a like 
 offence for a period not extending beyond the second day 
 thereafter, and, at the expiration thereof, may cause the, 
 offender to be brought before a justice of the peace, who 
 shall inquire into the matter, and may fine the offender in a 
 sum not exceeding forty shillings and costs, and commit him 
 to jail until the fine be paid ; and all persons present are 
 enjoined to assist the oflScer presiding and justices in dis- 
 charging such duties under pain of being guilty of a misde- 
 meanor ; and justices residing in the district, upon being 
 notified in writing by the sheriff" or presiding officer, shafl 
 attend to aid in preserving peace and order : and the jus- 
 tices, sheriff, and presiding officers, may, when considered 
 necessary, swear in special constables to act as peace 
 officers, and assist in maintaining peace and order ; and 
 upon the written application of a candidate or his agent, or 
 two electors, the sheriff or presiding officer shall swear in 
 such special constables as may be requisite. 
 
 33. If a presiding officer, before the termination of the Poll cleric to act 
 poll, shall die, or be incapable of performing, or shall not onicir'iji ei^c of 
 perform, his duty, the poll clerk shall act in his stead and ^J'^|.|' 
 perform his duties ; but before commencing his new duties 
 he shall appoint a poll' clerk, wJio shall, with the new pre- 
 
 2 
 
 ^\\\M i.'f (icci- 
 
20 CONDUCTING ELECTIONS. [PABT I. 
 
 Chap. 7. siding officer, previotisly to entering upon their duties, take 
 the oath< prescribed for presiding ofScers and poll clerks, 
 .and thoy shall have the same powers and be liable tO' the 
 same, penalties in their new capacities as if originally tip- 
 pointed. 
 '','11 cleric's 3i. If a poll clerk shall, before the termination of the 
 
 [fi'^aiirraso^of poll, die, or be incapable- of performing, or shall not per- 
 SACi.icnt. form his duty, the .presiding officer shall appoint another 
 
 poll clerk to act in his stead; aad the new poll clerk,, before 
 entering on his duties, shall take, in manner as if originally 
 appointed, the oath prescribed ; and he shall have the same 
 powers and be liable to tire same penalties as if originally 
 appointed poll clerk. ' ' . 
 
 sherifife duty on 35. The sheriff shall keep the poll books unopened until 
 L,l'?ourt' ;'"pro- the re-assembling of his court on the day to.Avhich the same 
 cjiijkia™ "*' shall have been adjourned, and tlien he shall openly break 
 the seals thereon, and cast up the votes as they appear on 
 the poll books, adding those on the special returns, and 
 shall then openly declare the state of the poll ; and if 
 within one hour thereafter no objection shall be made on 
 the ground of persons havin'g voted in a wrong district, or 
 more than once, as hereinbefore mentioned, he shall forth- 
 with thereafter proclaim the candidates having the majority 
 of votes as duly elected members, and make return accor- 
 dingly ; but if a candidate, or three freeholders for the 
 county or township shall, within the hour, make objection 
 that a person has polled in a wrong district, or more than 
 once, contrary to the provisions of this chapter, and shall 
 require the sherift' to investigate the objection, the sheriff 
 shall not then proclaim the member chosen, but shall adjourn 
 to the next day but one thereafter, at te.n o'clock in the 
 forenoon, at the same place, and shall then and there pro- 
 ceed and continue from day to day to hear evidence for or 
 against- the objections, and if it shall thereupon clearly 
 appear that a voter has been polled in a vv-rong district, or 
 more than once, contrary to the ])rovi!<ions of this chapter, 
 the sheriff shall expunge his vote from the poll book, and 
 shall forthwith thereafter, luiviug ascertained the corrected 
 numbers of votes, proclaim the cau(li(!t,tes having then the 
 majority of votes as duly elected members, and. shall' return 
 the evidence given on the invcsticT.tion, with his writ, to bo 
 laid befui-o the house of assembly, Ijiit no decision of the 
 sheriff on tlie in\-estigatioii sJjull c( include any candidate or 
 freeholder who muy petitio]! the liouse thereon either with 
 or without the prosecution of a general scrutiny. Wit- 
 nesses on the investigaticu sliall be sworn by the sheriff. 
 r^viacrSiThcI 36. If a slieriff sliall falsely and wilfully expunge a vote 
 1' !• from the poll book, or wilfully return any person as duly 
 
 elected who shall not have the majority of votes on the 
 poll book, or shall A\dlfully be gujfcy of a violation of this 
 chapter, he shall forfeit two hundred pounds. 
 
TITLE 11.] CONDUCTING ELECTIONS. 21 
 
 • 
 
 37. If at the final declaring of the election, a candidate, Chap. 7. 
 or his agent, shall publicly demand a scrutiny, the sheriff demand of ' ' 
 shall immediately give notice that on the day next following eorutmy. 
 he will attend at a central and convenient place in the 
 county or township, to be then named, and at an appointed 
 hou-r to proceed in tlic scrutiny. 
 
 88. When anj^ of the precepts fpr taking the poll shall JProoedure 
 not be returned at the time to which the sheriff's court books not 
 was adjourned, the sheriff shall not examine the returns '''''"™'"^- 
 made, but shall further adjourn the court to the following 
 day, and so from day to day until the precepts and poll 
 books shall have been all returned, and in making such 
 adjoxiiaiment. the sheriff shall publicly declare the reason, 
 and he shall- in no case continue the adjournment if the 
 house of assembly be in session, or to so late a 'day as shall 
 interfere with the return of his writ in time for the then 
 nest session; but he shall in such-cases complete the elec- 
 tion and return his writ notwithstanding the deficiency of 
 returns, and he shall in his return mention the deficiencies. 
 
 39. If a presiding officer shall not have returned his Warrant 
 precept and poll boolv at the proper time, the sheriff or a f^Sloor.'"''*'*'' 
 candidate, or a freeholder, may make complaint thereof on 
 
 oath before a justice of the peace, who shall summon the 
 presiding officer to answer the same; and if he shall riot 
 appear and shew good cause for the delay, the justice shall, 
 by warrant, commit him to jail until he shall make due 
 return of his precept and proceedings thereon, together 
 with his poll book. 
 
 40. A candidate against whom a vote shall be wrong- Caniidate's re- 
 fully polled, or against whom, or to the prejudice, or with grieyod ^" '^^' 
 the intent to prejudice whose interest, any act shall be 
 wrongfully done contrary to this chapter, and for which 
 
 vote or act a forfeiture is herein imposed, may. Within six 
 months from the commission of the offence, prosecute for 
 the forfeiture, and, upon recovery, the amount, after deduct- 
 ing charges incurred by the candidate about the prosecu- ■ 
 tion, shall be paid to the overseers of the poor for the place 
 where the offence was committed, for the use of the poor 
 thereof If no prosecution shall be pending, or have been 
 prosecuted to final judgment, then any person may prose- 
 cute for the penalty at any time after the expiration of the 
 six months and before the expiration of twelve months 
 from the commission of the offence. 
 
 41. Judgments for penalties under this chapter shall be Judgment tor 
 levied with costs on the goods or lands of the defendant, Foreod.^ ""* 
 and for want thereof, or of payment by the defendant, may 
 
 be levied on his body, and the defendant shall thereupon 
 be committed to jail, there to remain until the judgment bp 
 paid, or unfil he shall have continued in jail for a period 
 proportioned to the amount of the penalty, that is to say, 
 one week for every pound thereof, but such imprisonment, 
 shall in no case exceed three months. 
 
22 
 
 CONDUCTING ELECTIONS. 
 
 [part I. 
 
 Chap. 7. 
 
 Penalties how 
 jeeovercd. 
 
 Sheriff's fees 
 aod charges. 
 
 Meaning of 
 
 terms. 
 
 42. Penalties imposed by this chapter shall be recovered 
 ' with costs as follows : when the penalty shall not exceed 
 
 twenty pounds, it shall be recovered in a summary manner 
 before two justices of the county, from whose judgment 
 either party may appeal to the supreme court on giving 
 good security as follows: in the case of the plaintiff for 
 payment of the defendant's costs, and in case of the defend- 
 ant for payment of the penalty and costs if judgment shall 
 be given against the appellant ; and the supreme court shall 
 try the same, and give judgment in manner practised in 
 summary causes. When the penalty shall exceed twenty 
 pounds, the same shall be recoverable by action of debt in 
 the supreme court, in which action it shall suffice for the 
 plaintiff to set forth in his declaration that the defendant is 
 indebted to him in the amount of the penalty sought to be 
 recovered, and to allege the particular offence for which 
 the action is brought, and that the defendant hath therein 
 acted contrary to this chapter, without mentioning the writ 
 for holding the election, or the return thereof; and on the 
 trial parol proof of the election shall be sufficient prima 
 facie evidence without producing the writ. 
 
 43. On the return of a writ the sheriff shall be entitled 
 to receive from the provincial treasury thirty shillings for 
 every member returned. Where there is no contest he 
 shall be entitled to ten shillings from every candidate. And 
 where there shall be a contest and a poll demanded, twenty 
 shillings from every candidate instead of ten shillings. And 
 further, where there shall be a contest there shall be paid 
 to the sheriff by the candidates, in just proportions, accord- 
 ing to the number of the polHng places in which each can- 
 didate is interested, the following sums: twenty shillings for 
 providing a booth or polling place- for each district, except 
 where the polling place shall be a public building that can 
 be had without charge, twenty shillings forevery presiding 
 officer, and ten shillings for eveVy poll clerk, to include 
 their travelling fees, and the fees shall be paid to the sheriff 
 on the day of opening his court for commencing the elec- 
 tion ; and the name of no candidate shall be entered on the 
 sheriff's poll book, or returned to presiding officers, who 
 shall not have paid or tendered the sheriff the full amount 
 due from him under this section before the adjournment of 
 the court on that day. 
 
 44. The word "sheriff" herein shall mean sheriff, under 
 sheriff, or deputy sheriff; " presiding officer" shall mean the 
 person presiding to take the poll ; " district" shall mean 
 electoral district ; and " election" the election of members 
 to serve in general assembly where the sense requires such 
 constructions. 
 
TITLE n.] CONDUCTING ELECTIONS. . 2 
 
 SCHEDULE. Chap. T. 
 
 Elector's oaths. , 
 
 1. You, A. B., do swear that you are by law qualified to 
 
 vote for this election for the county of and for the 
 
 township of respectively, [or for one of them, as tlie 
 
 case may 6e,] in right of the property and title which have 
 now been taken down in the poll book, and read to you ; 
 and that you have not been polled nor have given a vote 
 ibr any candidate at this election within this district or any 
 
 other district, and that the place of your abode is at 
 
 in the \toion, district, or settlement, as the case may he,'] 
 
 of — ^ and is, according to the best of your knowledge 
 
 and belief, within this electoral district. 
 
 2. You, A. B., do swear that you are by law qualified to 
 
 vote for this election for the township of in right of the 
 
 property and title which have now been taken down in the 
 poll book, and read to you ; and that according to your 
 best belief the said property lies in this electoral district, 
 and that you have not been polled, nor have given a vote, 
 for any candidate at this township election, either in this 
 district or any other district, and that the place of your 
 
 . abode' is within this county, but is not within the said town- 
 ship of 
 
 3. You, A. B., do swear that you are by law qiialified to 
 
 vote for this election for the county of and for the 
 
 township of respectively, [or for one of them, as the 
 
 case may he,] in right of the property and title which have 
 now been taken down in the poll book, and read to you ; 
 and that you have not been polled, nor have given a vote, 
 for any candidate at this election, within this district or any 
 
 other district, and that the place of your abode is at 
 
 [in the township, district or settlement, as the casemay he,] 
 of . 
 
 . i. You, A. B., do swear that the property in respect 
 ■fyhereof you do claina a right to give your vote at this 
 
 election for the county of , and for the township of 
 
 ■, or for either of them, [or for the county of 
 
 or for the township of as the case may he,] hath not 
 
 been granted or conveyed to you fraudulently on purpose 
 to qualify you to give such vote, and that you have not 
 received or had by yourself, or any person whomsoever in 
 trust for you, or for your use and benefit, directly or indi- 
 rectly, any sum of moneyj office, place, employment, gift or 
 rciward, nor any promise or security for any money, office, 
 place, employment or gift, in order to give your vote at this 
 election, and that you have not before been polled, nor hav(i 
 given a vote, for any candidate at this election, and that 
 your place of residence is at . 
 
 9. 
 
'24 scEDfiSfiES. [part l 
 
 Chap. 8. 
 
 CHAPTER 8. 
 
 OP SCRUTINIES. 
 
 Riieriff's doty 1. When a scrutiny shall be persisted in, the sheriff shall 
 
 peiS'stodta"''' • attend at the appointed time and place with a clerk, and 
 every candidate desiring to proceed in the scrutiny shall 
 then, by himself or his agent, name a freeholder as sheriff's 
 assistant. 
 
 Oath of sheriff's 2. The sheriff and his assistants shall then take an oath 
 in the loUowmg turm : 
 
 " I, A. B., do swear that I will act impartially in the hold- 
 ing of this scrutiny." 
 
 The oath to be administered to the sheriff by a justice of 
 the peace, and to the assistants by the sheriff. 
 
 ©i«rt'8oath. • 3_ The clerk shall take an oath in the foUowingform: ' 
 " I, A. B., do swear that I will faithfully perform my duty 
 at this scrutiny." 
 
 The oath to be administered by the sheriff. 
 
 Appointment of 4. The sheriff and assistants, after the oaths have been 
 
 tm^iaUnY!^"^ administered, shall appoint a time and place for proceeding 
 with the scrutiny ; the time not to be less than three days, 
 nor more than seven days thereafter. 
 
 SuSny"''*""'*' ^' The sheriff and his assistants and clerk shall, at the 
 time and place appointed, proceed with, the scrutiny, and 
 shall continue the same from day to day so long as any 
 party shall tender evidence. 
 
 Bvidenoo, how 6. The sheriff and his assistants shall determine upon 
 
 jested. the reception or rejection of evidence, and shall have each 
 
 one voice therein, and where equally divided, the sheriff 
 shall have an additional casting voice. 
 
 Baty of oierk. Y_ ^he clerk shall take down in writing and engross the 
 evidence received, and shall minute and keep with the testi- 
 mony, papers received. 
 
 Votes marked 8. No vote shall be Scrutinized which shall not have been 
 
 seratinizSd!^ ^ marked objected on the sheriff's poll book. 
 
 Votes polled in 9. The circumstance of an investie-atidn havinsr been 
 
 a wrong djBtfiot ,1 ,^ -i /■ x i •■ i n n . '^ 
 
 had on the ground ol a voter having been polled m a wrong 
 district, or more than once, shall hot prevent its being 
 scrutinized on other gTounds if marked objected. 
 
 wtZem^B^"^ °^ ^^' ^° person shallbe a witness touching his own vote. 
 
 Witnesses how 11. Witnesses shall be sworn by the sheriff. 
 
 wpKitostscoD- 12. .Protests in writing may, at or before the close of 
 
 j^rmngevi- ^q scrutiny, be filed on behalf of any candidate proceeding 
 in the scrutiny in respect of the reception or rejection of 
 evidence ; such protests to set out specifically the evidence 
 received or rejected, and thereasons for the dissatisfaction 
 with the decision in reference thereto. 
 
TrrLB II.] scRUT?rNiES. 25 
 
 13. , If the sheriff shall be unable personally to hold the Cijap. 8. 
 scrutiny, the deputy sheriff, or other person specially wiien deputy ' 
 deputed by the sheriff, shall hold the same in the manner, fioidfc?utmy 
 and with the rights, and subject to the provisions, as the 
 
 sheriff if present. 
 
 14. If a sheriff's assistant shall not attend throughout shaiinotattenj 
 the scrutiii}', another freeholder nominated on liclialf of the another to be 
 candidate by whom the assistant shall have been chosen, ^^^°™ '^ 
 shall be sworn,- and act in his place in lilie manner. 
 
 15. If the clerk shall, at any time, not attend, another notattcnd^'llo- 
 shall be appointed by the sheriff in his place, and be sworn, pointe'd!'^ ''''" 
 and act in like manner, and have the same rights. 
 
 16. The sheriff shall return to the house of assembly the ^5„'Sn2'to'' 
 •engrossed copy of evidence and proceedings held at the the assomSiy. 
 scrutiny, with a certificate annexed" under his hand and the 
 
 hand of his clerk, and also the original papers received at 
 the scrutiny. 
 
 17. The slierifi" shall be entitled to receive ten shillings sheriff's fees on 
 for every day he shall be actually engaged in holding the 
 scrutiny from ei/ery candidate proceeding therein. 
 
 18. The clerk sliall be entitled to receive six pence per clerk's fees by 
 fclio for the original minutes, and three pence per folio for 
 
 the copy for the assembly ; the amount to be paid in equal 
 proportions by the candidates proceeding in the scrutiny. 
 . 19. Every candidate proceeding in the scrutiny shall be tiedlJoSopS ol 
 entitled to receive from the clerk a fair copy of the minutes, Himutes. 
 upon paying therefor three pence per folio. 
 
 20. If a candidate who demanded the scrutiny shall, yorfngexp™^'" 
 after appointing his assistant, abandon the same, or, having ces where sorn- 
 gone through the scrutiny, shall not petition the house of 
 assembly against the election, and enter into the requisite 
 recognizance adid proceed in the investigation, the opposing 
 candidate at the scrutiny may, after demand made, recover 
 
 from him, by action in the supreme court for money paid, 
 the expenses incurred for sheriff's and clerk's fees at the 
 scrutiny, and for the engrossing of papers and necessary 
 attendance .of v/itnesses therea,t ; the expenses to be first 
 taxed, and the just amount thereof determined on proof on 
 affidavit, by a judge of tlie supreme court after reasonable 
 notice to the opposite party, according to the rates estab- 
 lished in the supreme court. 
 
 21. If a sheriff shall wilfuUy be guilty of a violation of ^.P^'f^^' ^'^ ''''"■ 
 tills chapter, he shall forfeit two hundred pounds. duct. 
 
 llliSCOIj- 
 
20 controteetbd -elections. [pa-et i. 
 
 Ch ap. 9 . 
 
 CHAPTER 9. 
 
 OF CONTEOTEBTED ELECTIONS. 
 
 QuaiificatioDs 1. Eveiy oiembcr, before he assitmes his seat or shall 
 cf mwiibcis ; pj^.ggyj^g ^g ^,Q^g -^ ^i-jg i^o^^j,Q Qf assembly, if required by 
 
 order of the house, shall deliver to the clerk a schedule con- 
 , ■ taining the particulars of his qualification, and at the foot 
 
 thereof shall subscribe the following oath, to be adminis- 
 tered by the clerk : 
 
 " I, A. B., do swear that I anv by law qmalified to be elect- 
 . ed for the house of assembly, and that the foregoing sche- 
 dule doth contain a fall, true, and particular account, to the 
 best of my knowledge and belief, of the property in respect 
 whereof I claim a right to be elected, and of my title 
 thereto, and that the same hath not been conveyed or 
 granted to me fraudulently on purpose to qiialify me to be 
 80 elected.-' 
 
 And he shall also dehver to the clerM the title deeds or 
 papers under which he claims title to the property in the 
 schedule, or attested copies thereof 
 ProceedingB on 2. When a petition complaining of an undue election, or 
 rretifni!^"™^' rctum of a member to serve in the house of assembly, slaall 
 be presented to the house, a day and hosar shall be appoint- ■ 
 ed by the house for taking- the same into consideration, and 
 notice in writing shall be forthwith given by the speaker to 
 the petitioner and the sitting member, or their agents, 
 accompanied with an order to them to attend the house at 
 the time appointed, by themselves, their counsel, or agents, . > 
 and if at the time appointed none of the petitioners shall 
 appear, either personall}'-, or by counsel, or agent, the order __,_, 
 for taking the petition into consideration shall be discharged, V^ 
 and the petition shall not be further proceeded in. 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 liis seat. 
 Reco!!;mance 3. No proceeding shall be had on a petition unless at or 
 r^iuue . before the time appointed for consideration thereof at least 
 
 one of the petitioners shall' enter into a recognizance to her 
 majesty, with sureties, in the sum of two hundred pounds, 
 for the payment of the costs and expenses that may become : 
 payable by the petitioners, under any report of committee • 
 on the petition ; the recognizance, in case of non-payment, ' '( 
 to be estreated for the benefit of the parties entitled to the •.,;:,?; 
 costs and expenses. '*' 
 
 I'l-occodinL's on 4. If before the day appointed for considering the peti- 
 
 uudeicudcil 
 
 tuni. 
 
 tion the member Avhose return is complained of shall die, or 
 accept the office of legislative councillorj or declare^ under 
 
TITLE n.] CONTEOVEKTED ELECTIONS. 27 
 
 his hand, his intention not to defend his return, the speaker Chap. 9. 
 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 free- 
 holders of the county or township for which the member 
 was returned uaay, if they think fit, petition the house to 
 be admitted as parties in the room of the member, and they 
 shall thereupon be so _ admitted as parties, and stand, as 
 respects the controversy, in the place of the sitting member. 
 
 5. At the time appointed for considering the petition, y™™m«'rolcon- 
 and previous to reading the order of the day therefor, the sidenngtheij.> 
 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 retutn the house 
 shall be counted, and if there are less than thirty-three 
 members present the order shall be adjourned to a particu- 
 lar hour on the following day, when the house shall proceed 
 in the same manner, and so, from day to day, until there 
 shall be in attendance thirty-three members at. the reading 
 of the order. ^ 
 
 ^ 6. When thirty-three members shall be present, the committoe how 
 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 int6 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 menjbers -then present be 
 drawn. 
 
 ' 7. If the name of a member who shall have voted at the Names of mem- 
 election complained of, or against whose return a petition ereotion,orperi- 
 shall be depending shall be drawn, it shall be set aside. to°blsefasSI'' 
 
 8. If a member drawn shall verify, on oath, an excuse, luomiiers how 
 the substance thereof shall be taken down by the clerk, in cus'lii'"'" ^'^ 
 order that the saine ma}' 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 exctised therefrom. 
 
 9. If the name of a member then serving on one elec- Members serr- 
 tion committee be drawn, he shall be excused from serving to beSusod.™ 
 on a second. 
 
 10. When members are set aside or excused, others shall When membei's 
 be drawn in their place, who may in like manner be set nMnl^tobe"^' 
 aside or excused and others drawn in their place until the '1™^°' 
 
28' CONTROVERTED ELECTIONS. [PART I. 
 
 Chap. 9, whole- nuipber of fifteen members not liable to be set .aside 
 ■ or excused shall be complete. ' _ 
 
 rommittee how 11. When the drawing shall be completed the doqr of 
 ^"rni'hoVad- the house shall be unlocked, and lists of the fifteen mem- 
 joamed. |3gj,g gj-ja^u ^g gj^.p^^ ^0 gj^^h party, and they shall nnmediately ■ 
 
 retire with the clerk or his assistant, und^ each party, his 
 counsel or agent, beginning on the part of the petitioners, 
 shall alternately strike off one of tht; fifteen members until 
 the number shall be reduced to seven; and the clerk or 
 assistant, within one hour at fiirthest from' the time of the 
 Hsts being given, shall deliver into the house the names of 
 the seven members then remaining. And the seven mem- 
 bers 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 deterinine the election ; and the house shall by order 
 direct them to meet at a certain time, and the place of their 
 meeting shall be in a committee room of the house, and 
 they shall sit every day, and shall not adjourn for more than 
 a day without leave of the housey» upon special cause 
 assigned. 
 Committee how 12. If at the time appointed for considering the petition 
 ptruuk in unde- tlie sitting member shall not appear by himself, or his 
 leuded coses, counscl or agent, the committee shall be appointed as fol- 
 lows: the names of fifteen members shall be drawn in man- 
 ner hereinbefore prescribed, but in reducing the lists the 
 clerk or clei'k's assistant shall stand in the place of the 
 sitting member ; and the same method of reducing the 
 number shall be followed w^henever a party waives his right 
 of striking oft' names, 
 ^oleutejf" '*"^ ^^- "^^^ committee shall, on meeting, select a chairman,, 
 and if in the selection the voices are equal, the member 
 whose name was first drawn in the house shall have, an 
 additional casting vote ; and the same course shall be pur- 
 sued, if necessary, to elect a new ehiilrmaii, on the death ox 
 necessary absence of the previous chairman. 
 t™tmmmittm ^'"^ '^^'^' commiftec shall have power to send for persons 
 and papers, and shall examine witnesses on oath, and shall 
 consider evidence and proceedings duly had on a scrutiny, 
 and referred to them by the house, and may admit additional 
 evidence sworn to be material, and which in their judgment 
 ought to be recei\-ed ; and shall determine whether the 
 petitioner or the sitting member, or either of them, is duly 
 returned or elected, or whether the election is void, oV 
 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 journak, and give the necessary directions 
 for carrying the determination of the committee into execu- 
 tion. ,,; 
 rei™rtspeoittUy 15- If the Committee shalhcome to any resolution other 
 
TITLE 11. j CONTROVERTED ELECTIONS. 29 
 
 than the determination above mentioned, thej^ nicay report Chap. 9. 
 the fsauie to the house for their opinion, and the house may 
 confirm or disagree with the resolution, and make order 
 thereon as they may think proper. 
 
 16; No member of the committee shall absent himself Committee-man 
 therefrom ^^ithout leave of the house, and the chairman Beif™*'"" '"""' 
 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. 
 
 17. If the members' of tlie committee shall be unavoid- Where oomrait- 
 ably reduced to less than five, and shall so continue for les/thauavo." . 
 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. 
 
 18. If persons summoned by the committee shall dis- Disobedience t« 
 obey the summons, or if witnesses before the committee ou^JJJft°oe.' 
 shall prevaricate or misbehave in giving or refusing to give 
 evidence, the chairman inay, by direction of the committee, 
 
 report the same to the house for the interposition of their 
 authority or censure. 
 
 19." When the committee' shall think it necessary to' Their power 
 deliberate among' themselves, they may, after hearing the fncei-taiu^oises. 
 evidence and counsel on both sides, direct the room to be 
 cleared. 
 
 20. Decisions of the committee shall be made by a ma- Yo"ei°shl'ii''de- 
 jority of voices, and if the voices be equal, including the cide. 
 chairman, he shall have an additional casting-vote. 
 
 21. The oaths by this chapter directed to be taken in Oaths how ad- 
 the house shall be administerecl by the clerk or his assistant, """''' 
 
 and those before the committee by the chairman. 
 
 22. If the general assembly shall be' prorogued while a gfJlon''wuue™a 
 committee shall bO sitting, the committee shall not be dis- oommitteo sit- 
 solved, 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 con-, 
 tinue to act as if there had been no prorogation. 
 
 23. The committee when they report their final deter- ^°^PJ'"^ethcr 
 mination to the house, shall also report whether the petition f^j^Pfuug'"" ™^ 
 did or did hot appear to them frivolous or vexatious, and 
 
 also whether the opposition thereto did or did not appear 
 to them frivolous or vexatious. 
 
 24. When a petition shall be reported frivolous or'vex- ^„ftP|ftiJ?oJ<,"; 
 atious, the sitting member shall be entitled to recover from expenses re- 
 tire petitioners, or any of them, the expenses of opposing ''"^®™ 
 
 the same. ■ • • 
 
 25. When the opposition to a petition shall be reported f "pXti™™*-" 
 frivolous or vexatious, the petitioners shall be entitled to ported frivolous 
 recover from* the sitting member the expenses of prosecut- cJraaik-/''" 
 ing such petition. 
 
30 VACATING SEATS. [PAET ]. 
 
 Chap. 10. 26. The expenses of prosecuting or opposing a petition 
 ETpensos how sliall include witnesses' fees as well as other costs and 
 taxed. expenses, and shall be ascertained as follows : — The speaker, 
 
 on application, shall direct them to be taxed by the clerk of 
 of the house and a master in chancery, who shall tax the 
 same and report the amount to the speaker, who, on the 
 approval of the house, or of such part thereof as the house 
 may allow, shall, on application, 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 
 the house. 
 Expenaos how 27. The parties entitled to expenses, or their represen- 
 rscuvtro . tativcs, may demand- the amount certified from any of the 
 persons Hable therefor, and on non-payment may recover 
 the same by action of debt in. the supreme court, wherein 
 it shajl be sufficient for the plaintiffs to declare that the 
 defendants are indebteji to them in the amount certified by 
 virtue of this chapter ; and the certificate signed by the 
 speaker shall have the effect ef a warrant to confess "judg- 
 ment, 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. 
 A party paying 28. Where the expenses shall have been recovered from 
 
 may recover a , ■*■ . ,., ^ , , 
 
 rateable oontri- any person, he may recover in like manner from others, 
 bution. liable to the payment of the same expenses, a proportionable 
 
 share thereof, according to the number liable. 
 Explanation of 29. The word ■" sitting member," when used in this 
 ui'tinb°en ^" '°° chapter, shall also comprehend parties admitted to oppose 
 
 a petition. 
 
 Seats how va- 1. 
 
 cated. 
 
 CHAPTER 10. 
 
 OP VACATING SEATS. 
 
 Any member of the house of assembly may, by writ- 
 ten notice to the speaker, vacate his seat. 
 
 tSoIei^s! 2. If any member shall accept of any of the following 
 
 offices, his seat shall become vacant, but he may be re- 
 elected, that is to say : the offices of attorney general, 
 sohcitor general, provincial secretary, receiver general, 
 financial secretary, commissioner of crown lands, surveyor 
 general. 
 
 supidled? "" 3. Whenever a seat shall become vacant, the speaker 
 
TITLE III.] CASUAL REVENUE. 31 
 
 shall require that a writ may be issued to supply the Chap. 11. . 
 vacancy. " 
 
 4. The speaker may vacate his seat as speaker and speaker's sent 
 member, either by a declaration to that effect in the house, uLmber'^Lw"' 
 if in session, or by written notice to any two members, in vacatoa. 
 which case^the house, if in session, or otherwise the two 
 members, shall require, that a writ be issued to supply the 
 vacancy. 
 
 TITLE HI. 
 
 OF THE PUBLIC REVENUE. 
 
 CHAPTER 11. 
 
 OF THE CASUAL AND TERRITORIAL REVENUE. 
 
 1. The proceeds of all the casual and territorial revenues casual and ter- 
 of the crown in the province, as hereafter designated, shall ^yhore'paid!"'"* 
 be paid into the provincial treasury. 
 
 2. The several casual and territorial revenues of the of what uooa- 
 crown, and the monies and funds, and other rights which ^'^''^' 
 
 are placed at the disposal of the general assembly for the use 
 of the province, under and by virtue of this chapter, are 
 declared to be — all rents, sums of money, returns, profits 
 and emoluments, arising, reserved, due, owing, or in any 
 manner whatsoever which shall have heretofore accrued 
 and shall be in hand, or shall be hereafter to be received in 
 respect of any lease, demise, sale, grant, transfer or occu- 
 pation of any of the crown lands, mines, minerals or royal- 
 ties 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 
 secretary of the province, received or payable, in respect 
 of any writings, licenses, instruments, commissions or 
 patents, there made or issued, and on which fees were here- 
 tofore payable for the lieutenant governor and secretary of 
 the province ; and lastly, all fines, penalties and forfeitures, 
 under any law of the province imposed and applicable for 
 the use of her majesty. 
 
 3. All the right and title of l^er majesty, whether in Transfer of 
 reversion or otherwise, of, in, to, and out of, all mines of ncS.*'' " " 
 gold, silver, iron, coal, iron-stone, lime-stone, slate-stone, 
 slate-rock, tin, copper, lead, and all other mines and minerals, 
 
 and ores, within the province, which by indenture of lease 
 

 CASUAL. EETENUE. 
 
 .[part I. 
 
 Chap. 
 
 Manaa'ciiient 
 provided lor. 
 
 Collection pro- 
 Tided for. 
 
 bearing date on or about the twenty-fifth day of August, " 
 ■ one thousand eight hundred and twenty-six, were granted, ', 
 demised and 'leased by or on the part of his late majesty 
 king George the fourth to his late royal brother the duke ■ 
 of York and Albany, to hold to his. royal bigness and his ^ 
 assigns for the term of sixty years from the date_ of the * 
 lease, under certain rents and renders therein contained, as 
 by reference to tlie lease wilh at large appear ; and also all 
 rents and arrears of rents and returns ■ due, or to become 
 due, by virtue of the lease, with all powers, rights and 
 authorities, whether of entry for forfeitures, or breach of 
 condition, or otherwise, in such lease, reserved and con- 
 tained in respect of the breach of any condition thereof, u 
 and also all the estate, right and title other majesty, rever-' '.' 
 sionary or otherwise, of, in, and to all such coal mines in 
 the, island of Cape Breton,- or of, in, and to all such reserved ■■; 
 mines at Pictou, which were agreed to be leased and de- 
 mised by his said late majesty for the yearly rent of three 
 thousand pounds sterling, and certain other rents or reser- 
 vations payable for the use of his said majesty, and which 
 mines, under such agreement, are in possession of, and were, 
 or are now, in operation and worked by or for the general 
 mining association ; and likewise the said yearly rent of 
 three thousand pounds sterling, and all other rents and re- 
 servations by such agreements, reserved or payable, and all 
 rights, powers, and authorities, whether of entry upon for- 
 feiture or breach of condition, or otherwise, in such agree- ■ 
 ment contained or reserved, in respect of any breach of the , 
 condition thereof; and also all mines of gold, silver, iron, 
 coal, iron-stone, lime-stone, slate-stone, slate-rock, tin, cop- 
 per, lead, and all other mines, minerals, and ores within the 
 province, including the island of Cape Breton, of which the 
 title is new in her majesty, are hereby respectively assigned, 
 transferred, and surrendered to the disposal of the general 
 assembly of the province, and shall and may be subject only 
 to the existiug rights of the lessees and persons^ entitled 
 under such lease and agreement, and of all persons lawfully- 
 claiming under them, or any of them, managed, leased, dis- 
 posed of, made available, paid and applied in such manner, 
 and to and by such officers and persons, and for such public 
 uses and pui-poses as by any act of the general assembly for 
 the time being shall be directed. 
 
 4. The general assembly may provide for the managing, 
 collecting, and receiving of the revenues, and other matters ■. 
 hereby surrendered and transferred, and for appointing pro- ,,* 
 per olticers for the revenues. <^*' 
 
 5. For the more easy collection of such revenues, the 
 oi3ficers or persons charged with the collection or manage- 
 ment of the revenue, 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'cq^uity, as by 
 
TITLE III.] CUSTOMS DUTIES. 33 
 
 or on behalf of her majesty, miglit be adopted in respect of Chap. 12. 
 tl^O; revenues, or any of tlie lands, mines, or royalties charge- 
 able therewith if the surrender, ti'ansfer, and assignment 
 had never 'been made for the use of tlie province. 
 
 6. Nothing herein contained shall interfere with the Proceeds of 
 grant, sale, lease, or disposal of any of the ungranted lands wS plfyahio 
 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 disposal of 
 
 such ungranted lands, and the management, direction or 
 control thereof, shall remain in such officers as her majesty 
 shall deeni proper, or as may be directed by any law of this 
 province, and the nett proceeds only of such grants, sales, 
 leases, or disposals of such ungranted lands, after deducting 
 the necessary expenses of managing the same, shall be paid 
 over to 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 em- 
 ployed, and the expenses of the department, be subject to 
 the control and regulation of the general assembly, and no 
 other or greater salary or allowance or expenses shall be 
 taken than such as shall be allowed thereby. 
 
 7. This chapter shall continue in operation until eighteen JJjY'!''^™ °^ 
 months after the demise of her present majesty (whom God 
 
 long preserve), and thereafter every thing herein contained, 
 and the transfer, surrender, and assignment hereby made, 
 shall cease and determine. 
 
 CHAPTER 12. 
 
 Part tlie First. 
 
 OP CUSTOMS DUTIES. 
 
 1. This chapter shall come into operation on the first ^on^of'oii'aS' 
 day of April, in the year of our Lord one thousand eight 
 hundred and fifty-eight, and shall continue in force until the 
 
 first day of April, one thousand eight hundred and fifty- 
 nine. 
 
 2. There shall be collected and paid unto her majesty, ^"J'™™',*^^^"' 
 for the use , of the province, upon all goods brought into for. 
 
 this province by sea or inland carriage, the several duties 
 set forth in figures in the table hereinafter contained, 
 denominated " table of duties," opposite the respective 
 articles in such table mentioned, according to the value, 
 number or quantity of every such article. 
 
 3. Animals certified by the president and secretary of ^"^=^13 for im- 
 
 , - . ',■"^1 • ir-.i proving breeds- 
 
 any agricultural society to have been imported for the exempted. 
 
34 
 
 Chap. 12. 
 
 Table of exemp- 
 iions provided. 
 
 Standard for 
 eoUectiiig du- 
 ties. 
 
 Collection and 
 application of 
 duties. 
 
 Duties where 
 and how recei- 
 ved. 
 
 How applied 
 and h(jw drawn. 
 
 CUSTOMS DUTIES. 
 
 [PAUT I. 
 
 Articles of other 
 provinces ex- 
 empted \>y pro- 
 clamation. 
 
 ArtielcB ex- 
 empted in case 
 of American re- 
 ciprocity. 
 
 purpose of improving the breed, shall be admitted duty 
 
 free 
 
 4' The goods mentioned in the table hereinafter con- 
 tained, denominated " table of exemptions," shall be free of 
 
 5.' The duties shall be collected, paid and received, 
 according to the British weights and measures m use m 
 this province ; and where the duties are in the table of 
 duties imposed according to any specific quantity, value or 
 number, the same shall apply in the like proportion to any 
 greater or less quantity, value or number. 
 
 6. The duties shall be collected, paid and received, and 
 the proceeds thereof applied under the provisions of the 
 provincial statutes from time to time in force concerning 
 the same. 
 
 7. The duties shall be paid to the collectors of the 
 colonial revenue and received at the receiver general's 
 office, either in treasury notes of the province at their full 
 value of twenty shillings each, or in current coin at the 
 legal rate of tender. 1 
 
 8. Duties paid into the receiver general's office shall be 
 carried to account of the provincial revenue and become 
 part of the public funds, and shall be paid and applied to 
 such purposes, and no other, as may be expressed in the 
 provincial statutes from time to time in force ; and shall, 
 even when authorized by any such statute, be drawn only 
 by warrant under the hand and seal of the governor. 
 
 9. The governor in council may, whenever it shall be 
 thought advisable so to do, declare by proclamation what 
 articles the growth, production or manufacture of the 
 British North American possessions of Canada, New Bruns- 
 wick, Prince Edward Island, or Newfoundland, or any of 
 them, may be imported into the province free of duty ; and 
 may declare in what manner and under what restrictions the 
 same may be so imported. 
 
 10. Whenever the importation into the United States of 
 America of the following articles of the growth and pro- 
 duction of British North America, viz: grain and bread 
 stuff's of all kinds, potatoes and other vegetables, fruits, 
 seeds, hops, hay and straw, animals, salted and fresh meat, 
 butter, cheese, lard, tallow, hides, horns, wool, undressed 
 skins, furs of all kinds, ores of all kinds, iron in pigs and 
 blooms, copper, lead in pigs, grindstones and stones of all 
 kinds, earth, coals, lime, ochres, gypsum groun^ or un- 
 ground, rock salt, wood, timber, and lumber of all kijids, 
 firewood, ashes, bark, fish, fish oil, train oil, spermaceti oil, 
 head matter and blubber, fins and skins, the produce of fish 
 or creatures living in the Water, or any of such articles, 
 shall be by law admitted free from du^, the governor in 
 council may, by proclamation in the royal gazette, fix a short 
 day thereafter on which the duties on like articles, or any 
 
TITLE in.] customs' DUTIES. 35 
 
 of them, being the growth and production of the United Chap. 12. 
 States, shall cease ; and from and after the day so appointed ~ 
 
 all the articles specified in the proclamation, being, the 
 growth and production of the United States, shall be 
 admitted into the province duty free upon such proof of 
 origin and character as may be required by any order of 
 the governor in council. 
 
 11. Provided, that if at any time hereafter, her majesty, Provis*. 
 by order in council, shall declare that by virtue of any treaty 
 with her majesty any other foreign nation is entitled to 
 trade with Nova Scotia, on the same terms as the United 
 States, it shall be lawful for the governor in council, and he 
 
 is required forthwith, on the receipt of such order in coun- 
 cil, to issue a proclamation, declaring that from the date 
 thereof, or from such other day as shall be fixed by her 
 majesty in council, the duties on all such articles as are by 
 this chapter allowed to be imported free of duty, being 
 the growth and production of the United States, shall cease, 
 on the like articles being the growth and production of 
 such foreign nation ; and thereupon the duties upon such 
 last mentioned articles shall cease to be payable, so long as 
 such foreign nation shall allow the free iniportation of the 
 like articles, being the growth and production of Nova 
 Scotia. 
 
 12. Wheat flour, the production of Canada, imported Canada flour 
 into this province, shall be admitted through a warehouse through united 
 in the United States, or a port in the British provinces, t^h^provinces. 
 being duly certified as to its origin, on the same terms as if 
 imported direct. 
 
 Table of Duties. ♦ 
 
 
 
 ARTICLES. Duties in sterling money 
 
 
 £ s. 
 
 d. 
 
 Apples, fresh or dried, per barrel, . 
 
 4 
 
 
 
 Bacon, per cwt., 
 
 9 
 
 
 
 Beef, salted, per barrel, 
 
 4 
 
 
 
 " fresh, per cwt., 
 
 5 
 
 
 
 Biscuit, fine, and bread, including crackers or 
 
 
 
 cakes, per cwt., 
 
 3 
 
 4 
 
 Butter, per cwt., 
 
 8 
 
 
 
 Candles, tallow, per lb., .... 
 
 
 
 1 
 
 All other candles per lb.. 
 
 
 
 3 
 
 Cattle, viz : horses, mares or geldings, each, 
 
 2 
 
 
 
 Neat cattle, viz : oxen or other neat 
 
 
 
 cattle, three years old or upwards. 
 
 
 
 ■" each, 
 
 1 10 
 
 
 
 Cows 'and cattle, under three years old, 
 
 
 
 each, . , , . . 
 
 10 
 
 
 
 Sheep, each,^j| J 
 
 3 
 
 
 
36 
 
 customs' duties. 
 
 [PAKT I. 
 
 Chap. 12. 
 
 Hogs, over 100 lbs. weight, each, 
 
 of 100 lbs. weight and under, each, 
 Cheese, per cwt., 
 Chocolate or cocoa paste per lb., 
 Coffee, green, per lb., . 
 
 Boasted, burned, or ground, per lb., 
 Flour, viz : wheat flour per barrel 
 Hams, smoked or dried, per cwt., 
 Lard, per cwt.. 
 Leather, — sole leather, including hides and 
 skins partially dressed therefor, 
 per lb., . . 
 Hides and skins partially dressed, 
 per lb., 
 Molasses, per gallon. 
 Onions, per cwt.. 
 Pears, fresh or dried, per barrel, 
 Pork, salted, per barrel, 
 
 fresh, per cwt., 
 Eaisins, in boxes, per lb., 
 
 in other packages, per lb., 
 
 Brandy, whiskey, gin, cordials, and other 
 spirits, except rum, not exceeding the 
 strength of proof by Syke's hydrometer, 
 and so in proportion for any greater 
 strength than the strength of proof, per 
 gallon,^ 
 
 Bum, not e^eeding the strength of proof by 
 Syke's hydrometer, and so in proportion 
 for any greater strength than the strength 
 of proof, per gallon, .... 
 
 Shrub or santee, per gallon. 
 
 Sugar, — refined, per cwt., .... 
 Crushed and bastard facings, per cwt.. 
 Candied brown, per cwt.. 
 Brown, or Muscovado, not refined, 
 
 per cwt., 
 
 Teas, viz : souchong, congo, pekoe, bohea, 
 pouchong, and all other black 
 teas, per lb., .... 
 Gunpowder, hyson, young hyson, 
 twankay, and other green teas, 
 per lb., . . ■ - . 
 Tobacco, manufactured, except snuff and ci- 
 gars, per lb., 
 
 Tongues of cattle, dried or pickled,) per cwt. 
 
 Duties in sterling money 
 
 £ 
 
 s. d. 
 
 1 
 
 
 
 , . 
 
 2 
 
 . 
 
 5 
 
 
 
 1 
 
 
 
 1 
 
 b., 
 
 2 
 
 
 
 1 
 
 
 
 9 
 
 8 
 
 1 
 
 2 
 
 2i 
 
 2 
 
 4 
 
 4 
 
 4 
 
 OJ 
 
 Oi 
 
 6 
 
 4 
 
 
 2 8 
 
 
 
 
 10 
 
 10 
 
 10 
 
 7 
 
 2 
 
 4 
 
 u 
 
 9 
 
'TITLE III.] 
 
 'CUSTOMS' DUTIES. 
 
 >l 
 
 Wines, viz 
 
 ; hock, constantia, malmsey, to- 
 kay, champagne, burgundy, her- 
 mitage, claret, called lafitte ; 
 latour, lafayette, margaux or 
 hautbriao, per gallon, 
 Madeira, port, and sherry wines, of 
 ,; which the first cost is £30 per 
 pipe or upwards, per gallon, . 
 Other claret wines, barsac, sautern, 
 ■ vin de grave, moselle, and other 
 French wines, and Lisbon and 
 German wines, per gallon. 
 All other port, Madeira, a^ad slierry. 
 wines, Teneriffe, Marsella, Sici- 
 lian, Malaga, Fayal, and all other 
 wines, per gallon, 
 Clocks, and all wheels, machinery, and ma- 
 terials, for manufacturing clocks, 
 donfectionary, syrups, and articles manu- 
 factured from sugar. 
 
 For every ,£100 of the value, 
 Cigars and snuff, 
 Currants and figs. 
 Leather, viz: boots, shoes and leather, upper 
 
 leather, manufactures of all sorts, 
 Meat, fresh, 
 Poultry of all sorts, dead. 
 
 For every £100 of the value, 
 Anchors, grapbels, and anchor palms. 
 Cables of hemp, or other vegetable sub- 
 '' stance, or of iron, 
 ^Copper, viz : plates, sheets, bars or bolts, 
 r for shipbuilding ; wrought or cast for 
 machinery, pure, or without other 
 metal; copper castings of every de- 
 scription, for machinery, for mills, or 
 steamboats ; copper and composition 
 nails and spikes, for shipbuilding. 
 Cordage; tarred or untarred, whether fitted 
 
 for rigging or otherwise, 
 Cotton yarn. 
 
 Iron, viz': in bars or bolts, castings for mills 
 or steam engines, and cast or un- 
 wrought pipes and tubes, sheet iron 
 , and iron spikes, 
 Machinery of all sorts, of copper or iron 
 for mills, steamboats and mauufactories, 
 and sheathing of muntz metal, 
 
 For every £100 of the value, 
 
 Duties in sterling money. 
 £ S. d. 
 
 Chap. 12. 
 
 ■0 3 
 
 2 « 
 
 13 
 
 1 3 
 
 a 
 
 o 
 
 a, 
 
 B 
 
 20 
 
 10 .0 
 
 2 10 
 
38 
 
 ctrsTOHs'^ r>trTiES5. 
 
 [part r. 
 
 Chap. 12. 
 
 ARTICLES. 
 
 Duties in sterling money, 
 
 £ s. d. 
 
 Oakum, 
 
 Pitch, 
 
 Sail cloth of all kinds, canvass included, 
 
 Tar, 
 
 Zinc, viz : zinc sheathing of a size forty- 
 eight inches long by fonrteen inches 
 wide, intended for aad to be used as 
 sheathing for vessels, and zinc sheath- 
 ing nails, , 
 
 For every £100 of the valme, 
 
 All other goods, wares, and merchandize," 
 not otherwise charged with duty, and 
 not enumerated in the table of exemp- 
 tions, 
 
 For every £100 of the value,. 
 
 2 10 
 
 10 5 
 
 TeibU of Exemptions. 
 
 Table of exemp Ashes, VIZ r pot ashes and pearl ashes. 
 '™^" Asses and mules. 
 
 Baggage and apparel of passengers not intended for sale. 
 
 Barilla and soda ash. 
 
 Beans. 
 
 Biscuit or bread. 
 
 Books not prohibited to be imported into the United King- 
 dom, 
 
 Bullion, gold or silver. 
 
 Burr stones. 
 
 Coal. 
 
 Cocoa. 
 
 Coin, gold and silver coins and British copper coins. 
 
 Copper, viz : copper ore, or in pigs or bricks, old or worQ, 
 or fit only to be re^manufactured. 
 
 Corkwood. 
 
 Corn, viz : wheat, rye, indian corn, barley, oats, rice, and 
 buckwheat, unground; barley meal, rye meal, oat- 
 meal, indian meal, buckwheat meal, peas, beans, 
 and calavances. 
 
 Engravings, 
 
 Fish, viz : fresh, dried, salted or pickled. 
 
 Fish hooks. 
 
 Fish oil, viz : train oil, spermaceti oil, head matter and blub- 
 ber ; fins and skins, the produce of fish or creatures, 
 living in the sea. 
 
 Flax, 
 
 Furniture that has actually been in use, working tools and 
 implements, the property of immigrants or persona 
 coming to reside in the province, and not intended 
 for sale. 
 
•STTLE m.] customs' DUTIES. 3§ 
 
 Hay. Chap. 12. 
 
 Hemp. 
 
 Hides, or pieces ©f hides, raw, not tanned, curried or dressed. 
 
 Horns. 
 
 Horses and carriages of travellers, and horses, cattle, car- 
 riages, and other vehicles when employed in carry- 
 ing merchandize, together with the necessary har- 
 ness and tackle, so long as the same are actually 
 im use for that purpose. 
 
 Ironj viz : unwrought or pig iron, ores of iron of all kinds, 
 iron rails for railroads, bailers, plates and plough 
 moulds, hoop iron. 
 
 Lintels, 
 
 Lime and limestone- 
 Lines for the fisheries of all kinds. 
 
 Manures of all kinds. 
 
 Maps and charts. 
 
 Materials of ships registered and owned in this province, 
 and wrecked or stranded on the coasts of the 
 adjacent colonies or elsewhere, upon satisfactory 
 proof by affidavit being given to ,the collector of 
 the identity of the materials. 
 
 Nets, fishing nets and seines of all kinds. 
 
 Ores of all kimds. 
 
 Paintings. 
 
 Palm oil. 
 
 3?ilot bread. 
 
 Plants, shrubs and trees. 
 
 Plate of gold and silver,, old and fit only to be re-manu- 
 factared. 
 
 Potatoes. 
 
 Printing presses and types. 
 
 Printing paper, of not less than demi size. 
 
 Rags, viz : old rags, old rope, junk and old fishing nets. 
 
 Rosin. 
 
 Sails, rigging and ship materials saved from vessels wrecked 
 on the coast of the province. a 
 
 Salt. ' ^ 
 
 Seeds of all kimds. 
 
 Skins, fars, pelts, or tails, undressed. 
 
 Stone, unmanufactured. 
 
 Sugar of the maple. 
 
 TaUow. 
 
 Twines and lines used in the fisheries. 
 
 Tobacco, unmanufactured. 
 
 Tow. 
 
 Turpentine. 
 
 Whale fin, or bone. 
 
 Wood, viz : boards, planks, staves, square timber,, shingles 
 and firewood. 
 
4Q' customs' duties. |paet i;. 
 
 Chap. 12. 
 
 CHAPTER 12. 
 
 Part tlie Second;.. 
 
 QP A CERTAIN TEEATT BETWEEN HER MAJESTY AND THE 
 UNITED STATES- Off AMERICA. 
 
 Preamble. Whereas it is expedient to provide for giving efiFect, as-, 
 
 regards this province,, to the treaty between her majesty 
 and the United States of America^ signed on the _ fifth day 
 of June, in the year of our Lord one thousand eight hun- 
 dred and fitty-four : 
 Power of gover- 1- The articles enumerated in^ the schedule to this chap- 
 nor to suspend, ^gj.^ being the growth and produce of the- United States of 
 America, shall be admittted into this province free of duty,, 
 so long as the treaty shall remain in force, any law,, act, or 
 statute, to the contrary notwithstanding, except that if at 
 any time the United States shall,, under the terms of the- 
 treaty, suspend the operation, of the third article thereof, so- 
 far as this province is affected thereby, then the governor 
 of this province may,, if he see fit, declare such suspension- 
 by proclamation, after which the exemption from duty ' 
 under this chapter shall cease while such suspension shall ■, 
 continue ; but the governor may again, whenever such sus- 
 pension shall cease, declare the same by proclamation, from. , 
 and after which, such exemption shall again, take effect. 
 Further pro- 2. It shall be lawful for the governor in council, by any ' 
 brtaken.""*^ Order or orders to be made for that purpose, to do any , 
 thing further in accordance with the spirit and intention of' 
 the treaty, which shall be found n'ecessary to be done, on- 
 the part of this province,. to give fall effect to the treaty;.- w 
 and any such order shall have the same effect as if the- 
 object thereof was expressly provided for by this chapter.. 
 Sees. 1 to 18 of 3- The first eighteen, sections of the ninety-fourth chap- 
 deTwMie toe^ *®^ °f this jfiries, " of the coast and deep sea fisheries," toge- ^ 
 ty in force. ther with such provisions of all other laws, acts or statutes of 
 this province now in force, as are contrary to,, or incon- 
 sistent with, the terms and spirit of tl>e treaty, are hereby 
 declared to be suspended as regards citizens and inhabitants, 
 of the United States of America, and vessels,, boats and 
 crafts belonging to the citizens and inhabitants of that 
 country, and shall continue to be so suspended-, and not in* 
 force so long as the treaty shall continue and be in force f, 
 any law, act or statute, to the contrary notwithstanding., 
 
 SCHEDULE TO THIS ACT. 
 
 ©rain, flora-, and breadstuffs of all kinds. 
 
 Animals of all kinds. 
 
 Fresh, smoked,, and salted meats.. 
 
TITLE ni.] BOARD OP REVENUE. 41 
 
 Cotton wool, seeds and vegetables. Chap. 13. . 
 
 Undried fruits, dried fruits. " 
 
 Pish of all kinds. 
 
 Products of fish and all other creatui'es living in the water. 
 Poultry, eggs. 
 
 Hides, furs, skins, or tails undressed. 
 Stone or marble in its crude or unwrought state. 
 Slate. 
 
 Butter, cheese, tallow. 
 Lard, horns, manures. 
 Ores of metals- of all kinds. 
 Coal. 
 
 Pitch, tar, turpentine, ashes. 
 
 Timber and lumber of all kinds, round, hewed and sawed, 
 unmanufactured in whole or in part. 
 Firewood, plants, shrubs and trees. 
 Pelts, wooL 
 Pish oil. 
 
 Rice, broom corn, and bark. 
 Gypsum, ground or unground. 
 Hewn, wrought, or unwrought burr or grindstones. 
 Dye stuffs. 
 
 Plax, hemp, and tow unmanufactured. 
 Unmanufactured tobacco. 
 Rags. 
 
 CHAPTEE 13. 
 
 OF THE BOARD OP REVEUXTE.- 
 
 1. The receiver general shall be the president of, and, nueh^wcompo- 
 along with the financial secretary and three other persons to sed. 
 
 be appointed by the governor in council, shall constitute the 
 board of revenue, the seats at such board to be considered 
 honorary appointments, and the members to be sworn into 
 office. 
 
 2. The board shall superintend the working and practi- Their power 
 cal effects of the revenue system, and report thereon to the ° " ^' 
 governor when requisite ; they shall examine claims for 
 drawbacks and grant certificates therefor when allowed, and 
 
 shall direct and carry on prosecutions against delinquent 
 officers and their sureties, and also prosecutions for seizures, 
 forfeitures, and breaches of the revenue laws, over which 
 they shall have a general control; arid they may remit 
 penalties in whole or in part, and direct the restoration of 
 property seized, under such t^rms as they may deem jiist. 
 
42 officers of customs. [paet i. 
 
 Chap. 14. 
 
 CHAPTER 14. 
 
 OF OFFICEBS OF THE CUSTOMS. 
 
 pointment of 
 
 „rr-'™.-.v„.„. I. The governor in council may define and alter the 
 ooifeotors. Umi'ts of ports, and appoint for every such port, except the 
 port of Halifax, one collector of colonial duties, who may 
 also be empowered" to act as landing waiter, guager and 
 Appointment Weigher, and may appoint so many additional officers in 
 tfoiTaS any port or place within this province as shaU, from time 
 onaijOffioers au- to time be deemed necessary for the due security of the 
 colonial revenue, and for the prevention of frauds thereto ; 
 and such officers shall be paid by warrant on the treasury 
 at such rates as shall be fixed by the governor in council, 
 subject to the revision of the legislature at the first ensuing 
 session. 
 Bonds given 2. Every collector shall, upon appointment, enter into a 
 andregistere ^^^^ ^.^^ ^^^ Sureties in one thousand pounds for the 
 faithfal performance of his duties. The bonds shall be re- 
 gistered at length on the oath of a subscribing witness, in. 
 a book to be kept for that purpose by the provincial secre- 
 tary; and if a bond be lost a copy thereof, taken from the 
 registry and certified by the provincial secretary, shall be 
 received in evidence. 
 Death or insoi- 3. If either of the sureties shall die, become insolvent^ 
 rencyo sure- ^^ remove from the province, the board of revenue shall 
 require the collector for whom he was .surety, to give a new 
 bond. 
 .Seta of .books tp 4. Collectors shall keep regular sets of books, wherein 
 " *^ ■ shall be entered all receipts and payments of money, permits 
 
 for the removal of dutiable goods, and certificates of draw- 
 back : which books shall be regularly balanced and produced 
 for inspection, with all entries and documents in their office, 
 when called for by the financial secretary or the committee 
 of public accounts. 
 Quarterly re- 5. Collectors shall, as soon as may be practicable after 
 made.'" *^6 termination of every quarter, transmit under oath their 
 
 quarterly accounts, together with a list of permits given 
 for the removar of dutiable goods to the receiver general, 
 and at the same time pay into the treasury the duties for 
 such quarter, 
 fowed™**^* »i- 6. Upon their accounts being audited by the financial 
 secretary, collectors shall be entitled to receive from the 
 treasury a commission of ten per cent, on the duties by 
 them paid in, not exceeding two hundred and fifty pounds, 
 in any one year. 
 Penalty for _ 7. If a collector shall act as a merchant or dealer in 
 mercminaiang ^^^iable articles, he shall for every offence forfeit fifty 
 
TITLE in.] OFFICERS OP CUSTOMS. 43 
 
 pounds, one half to the use of the government and the other Chap. 14. 
 half to the person suing therefor; and no commission shall ~ 
 
 be allowed such collector on the duties by him collected for 
 the year in which the offence shall have been committed. 
 
 8. If a collector shall resign or be removed from ofiSce, Proeeedinge on 
 he shall forthwith deliver over to the new collector all se- remoTai!"" "' 
 curities and papers connected with the ofSce which may be 
 
 in his hands, and shall immediately make up and return his 
 accounts, and pay over to the receiver general all monies 
 in his hands or due to him as collector. If he shall not 
 render such accounts and pay over such monies within three 
 months from his going out of office, he shall forfeit two- 
 hundred pounds for the use of her majesty. 
 
 9. The governor in council may appoint landing waiters, i-o-nding wait- 
 guagers and weighers, for the different ports, who shall andwoi^iers. 
 receive for their services, in addition to any fees by law 
 allowed, such sums as may be annually granted by the legis- 
 lature. 
 
 10. Guagers are required to ascertain, if possible, by Dutyofguagers 
 Gunter's calipers, or if not, by the rod, the quantities of *"'^'''"'^*'*^' 
 intoxicating liquor and molasses imported into or distilled 
 
 in the province, and shall mark with an iron the quantity 
 each task contains, on the stave next the bung stave, or on 
 the head of every cask, together with the initials of Kis 
 name, and shall be entitled to receive therefor from the 
 importers or owners, the following fees, viz: for a puncheon 
 or pipe, six pence ; for a hogshead or tierce, four pence; and 
 for a barrel, two pence ; and for other casks in the like pro- 
 portion ; and in addition to such fees, except at the port of 
 Halifax, six pence for every mile they shall necessarily 
 travel, computing the distance from their place of residence 
 to the place of guaging, but no travelling fees shall be 
 charged where the Hquor is guaged at the original distilling 
 house. Where more than ten casks shall be guaged at one 
 time and place they shall only be entitled to the following 
 fees : for a puncheon or pipe, three pence ; for a tierce or 
 
 ; hogshead, two pence; and for a barrel, one penny; besides 
 
 . travelling fees. 
 
 11. The receiver general shall superintend the collection Eeoeiver gene- 
 of colonial duties at the port of Halifax, and shall have tend at HaiiS,^ 
 under his direction for that purpose, a principal clerk, who a^iert.^^^'"'* 
 shall give bond in one thousand pounds, with two sureties, 
 
 in five hundf ed pounds each, for the faithful discharge of 
 his duties, and shall receive a salary of two hundred and 
 fifty pounds per annum, payable quarterly. 
 
 12. Such clerk shall be appointed hj the governor in ^°^^^^ 
 council, and shall pay into the hands of the receiver general oierk. 
 
 the whole duties which he shall receive on the day of 
 receipt, or at such other time as the receiver general may 
 direct. 
 
 13. The receiver general and his clerk, and the collector istMrng oathef " 
 
f LAWS OP THE CUSTOMS. \PART I. 
 
 ::!hap. 15. of colonial duties, may administer oaths under any act 
 "^ relating to the colonial revenue. 
 
 maityforneg- 14 If any officer of the colonial revenue shall neglect 
 ot of duty, j^.^ ^^^^ ^^ gj^^jj ^^j.f^j^ ^ g^j^ ^^^ exceeding fifty pounds, 
 
 and also the costs of the prosecution. 
 Bnaity for 11- 15. If any person shall illegally assume the duties or 
 ifoto^'™"" exercise the functions of any officer of the colonial revenue, 
 he shall, for every offence, forfeit a sum not exceeding fifty 
 pounds and costs of prosecution, and in case of non- 
 payment thereof, may be committed to jail for a period not 
 exceeding three months. 
 
 CHAPTER 15. 
 
 OF THE LAWS OF THE CUSTOMS. 
 
 intry & clear 1. Papers and proceedings connected with the entry 
 
 noehowmade. ^^^ clearance of vessels and goods shaU be made and had 
 
 in form and manner as heretofore, unless otherwise directed 
 
 by the board of revenue, but any of them maybe dispensed 
 
 with by order of the governor in council. 
 
 adhoVtaken ^* ^onds relating to duties required to- be given in 
 
 ' respect of goods or vessels, shall be taken by the collector 
 
 in her majesty's name, and after the expiration of three 
 
 years from the date thereof, or from the time, if any, therein 
 
 limited for the performance of the condition, every bond 
 
 not then in suit shall become void and bfe cancelled. 
 
 er"tai^^n"''du-^ ^* Koveuue officors may take samples of goods when 
 
 lea. ° necessary for ascertaining the duties, and the samples 
 
 shall be disposed of and accounted for as the board may 
 
 direct. 
 
 Ssho°wregu ^' Upon the first levying or repealing of any duty, or 
 
 ated. the first granting or repealing of any drawback, or the first 
 
 permitting or prohibiting of any importation or exportation, 
 
 the time of importation of goods shall be deemed to be the 
 
 time at which the importing ship shall in due course be 
 
 reported ; and the time of exportation the time when the 
 
 goods shall be shipped on board the exporting ship. If any 
 
 question shall arise in respect of any charge or allowance 
 
 upon any ship exclusive of the cargo, the time of arrival 
 
 shall be deemed to be the time at which she ought to have 
 
 been reported, and the time of departure the time of her 
 
 last clearance for the voyage. 
 
 futtesth^'be 5- Duties on goods imported before the coming into 
 
 Suirare-"* operation of an act imposing new duties, and whereon the 
 
 lOTered. duties have not been paid, shall be collected under the new 
 
 law, but forfeitures shall be recovered under the law under 
 
TITLE III.] LAWS OF THE CUSTOMS. 45 
 
 which they were mcurred, notwithstanding such law may Chap. 15. 
 
 have expired. Limitation for 
 
 6. Duties overpaid or improperly charged shall not he leoovermg 
 recoverable after three years from time of payment. wesf'''''' ^' 
 
 7. If any person shall counterfeit or falsify, or knowingly Penaitiea for 
 use or procure to be used when counterfeited or falsified, dooSmenta.'"^ 
 any document required under the revenue laws, or in use in 
 connection therewith, he shall for every offence forfeit a sum 
 
 not exceeding two hundred pounds. This penalty shall not 
 attach to any particular offence for which a penalty is other- 
 wise imposed. 
 
 8. Officers may require persons applying to transact Agent's autho- 
 business for others, to produce a written authority, and in " ^' 
 default may refuse to transact business with them. 
 
 9. If any declaration required to be made under the Penalties for 
 revenue laws, except declarations as to the value of goods, £1*^^"^*™' 
 shall be untrue in any partioular, or if any persoji required 
 
 under such laws to answer questions put to him by officers 
 shall not truly answer such questions, the person making 
 such declaration, or refusing to answer or not truly answer- 
 ing such questions, shall forfeit a sum not exceeding fifty 
 pounds over and above all other penalties to which he may 
 be liable. 
 
 10. All boats, carriages and cattle used in the removal ^'"■'\l*""fo*"* 
 of any goods liable to forfeiture, shall be forfeited ; and movlng^forfeit- 
 every person who shall knowingly assist in such removal, ^'^ ^''° ^' 
 
 or harbor such goods, or knowingly have them in possession, 
 shall forfeit the treble, value thereof, or a sum not exceed- 
 ing one hundred pounds, at the election of the prosecutor, 
 and the averment of such election in the information or 
 libel shall be sufficfent proof thereof. The forfeiture of a 
 ship shall include her guns, tackle, apparel and furniture ; 
 and of goods, the package containing them. 
 
 11. All vessels and boats in or from which goods shall vesaeis & boats 
 have been illegally imported, concealed, landed, or thrown' reiieYedby^''* 
 over, may be seized in the first instance, and shall be for- Jj"^'''^"'''^''^^" 
 feited in the same manner as if detected hovering on the 
 
 coasts with prohibited goods ; and such boats and vessels 
 may also, upon judgment against the master or other per- 
 son on board for any penalty thereby incurred, be levied 
 upon and sold under execution issuing on such judgment ; 
 but the board on proof that the master and owners of the 
 vessel were ignorant of such illegality, may relieve from 
 the penalty in whole or in part, and on such terms as may 
 be deemed right. 
 
 12. All goods and all vessels, carriages and cattle, liable seizing officers; 
 
 , n e •, ° 1 .11 jvi fine for obstrHO- 
 
 to forfeiture, may be seized by any revenue ofncer or by ting. 
 any person employed for that purpose with the concurrence 
 of the board, and also by any officer of her majesty's navy 
 in command of or serving under the commander of any of 
 her majesty's ships, also by any person commissioned by 
 
6 LAWS OP THE CUSTOMS. [PAET I, 
 
 Chap 15. the governor to protect tlje reYemie laws, and by any 
 
 — : — sheriff or deputy sheriff, or by any justice of the peace, or 
 
 by any other person in a place more than ten jniles Irom 
 any collector who shall by the warrant of a justice of the 
 peace on oath before him of such forfeiture, be appointed 
 to seize them; and every person who shall obstruct any 
 such person so employed in the exercise of his office, or 
 any person acting in his aid, shall forfeit a sum not exceed- 
 ing one hundred pounds. . ■ 
 toods seized 13. If any goods or any vessel shall be seized as lor- 
 « ^ecuritr^y- felted under the revenue laws, the court having jurisdiction 
 "• over such seizure, with the consent of the collector, may 
 order the delivery thereof to the claimant on security by 
 bond, with two sureties approved by the collector, being 
 given to answer double the value thereof in case of con- 
 demnation; and such bond shall be taken in her majesty's 
 name. _ n n ■ 
 let^l^rtstoT -'■*■ ^^ ^^y goods, ship or boat shall be seized as forfeit- 
 il iiy\oard°of ed, or detained as undervalued, the board may order the 
 •eTenue. ^^^^ ^^ ^^ restored on such terms as they shall direct ; and 
 if the proprietor accept the terms he shall have no action 
 on account of the seizure or detention, nor shall any pro- 
 ceedings be had for condemnation. 
 Power of board 15. If a ship shall have become liable to forfeiturie on 
 un^amoSnt!"' accouut of any goods laden therein, or unladen therefrom, 
 or the master shall have become liable to a penalty on 
 account of such goods, and the goods be small in quantity 
 or trifling in value, the board if satisfied that the act was 
 done contrary to the intention of the owner or without the 
 privity of the master, as the case may be, may remit the 
 forfeiture, and remit or mitigate the penalty on the master, 
 in their discretion, and no action shall be thereafter brought 
 in respect of the same. 
 Officer may be 16. The board or the collector or landing waiter,, or 
 board'ahip?n Other proper officer, may station officers on board any ship 
 port. while within the limits of a port, and the master shall pro- 
 vide every officer sufficient room under deck, in the fore- 
 castle or steerage, for his bed or hammock, under a penalty 
 of fifty pounds. 
 Persona on 17. Every person proved to have been on board any 
 subjecrto^pen- vcsscl Or boat liable to forfeiture for being found within 
 cases!" °'™ one league of the province, having on board or attached 
 thereto, or conveying or having conveyed, any thing sub- 
 jecting such vessel or boat to forfeiture, or who shall be 
 proved to have been on board any vessel or boat from 
 which any part, of the cargo shall have been thrown over- 
 board or destroyed, shall forfeit twenty pounds — provided 
 such person shall have been knowingly concerned in such 
 acts. 
 aculM'^"" °^ ^^- ^° ^^^* ^^^ recovery of penalties or forfeitures under 
 the revenue laws shall be . brougjit after the expiration of 
 three years from the incurring thereof. 
 
TITLE ill.] LAWS OP THE CUSTOMS. 47 
 
 19. Except in cases specially provided for, no suit shall Chap. 15. 
 
 be commenced for recovery of any penalty or forfeiture ~. : 
 
 under the revenue laws, except in the name of the collec- whose name to 
 tor or seizing officer, or of her majesty's attorney general, ^^ "^""sw. 
 or in his absence the solicitor general of the province ; and 
 
 if any question shall arise whether any person is an officer 
 of the revenue, or such other person in this section men- 
 tioned, oral evidence may be given of the fact. 
 
 20. In any information or proceeding for any offence Averments of 
 against the revenue laws, the averment that the offence was mationBuffi"" 
 committed within the lijnits of any port shall be sufficient °'®"'' 
 presumptive proof of the fact. 
 
 21. If goods shall be seized as forfeited, and any dispute Proonn oases of 
 shall arise whether the duties have been paid thereon, or ^^'™"^^- 
 
 the same have been legally imported, laden, or exported, the 
 proof shall be on the owner or claimant. 
 
 22. No, claim to any thing seized under the revenue ciaim to goods 
 laws and returned into a court of record for adjudication mafe^ ''"^ 
 shall be admitted, unless entered in the name of the owner, 
 
 with his residence and occupation, nor unless oath to the 
 property therein be made by the owner, or by his attorney 
 or agent, entering the claim to the best of his knowledge 
 and belief; nor shall any such claim be admitted until 
 security shall have been given in the court, in a penalty not 
 exceeding forty pounds, to respond the costs occasioned 
 by such claim, if decided against the claimant, and in default 
 of the provisions of this section being complied with, such 
 thing shall be condemned. 
 
 ' 23. Certificates, and copies of official papers certified Oertifloates re 
 under the hand and seal of any of the principal officers of denc*e. 
 the customs, or of any collector of the colonial revenues in 
 any of the British possessions in America or the West 
 Indies, or of the principal, officers of the customs in the 
 united kingdom, or other the British possessions, or of any 
 British consul or vice consul in a foreign country, and cer- 
 tificates and copies of official papers made pursuant to the 
 revenue laws of this province, shall be received as presump- 
 tive evidence on the trial of any suit in reference to any 
 matter contained in the revenue laws. , 
 
 24. No action shall be commenced against any person Month's notice 
 acting under ihe revenue laws foi" any thing done in the ^^^°™ action, 
 exercise of his office until one month after written notice 
 shall have been delivered to him, or left at his usual, place 
 of abode; in which notice shall be explicitly stated the 
 cause of action, the names and places of abode of the 
 person intending to bring the same, and of his attorney or 
 agent, and no evidence of any cause of action shall be 
 received which was not contained in the notice. In default 
 of the proof of such notice, a verdict shall be given for the 
 defendant. Every such action shall be brought within. three 
 months after the cause thereof, and be laid and tried where 
 the acts were committed. 
 
48 
 
 Chap. 15. 
 
 CoiluBion how 
 puDisbed. 
 
 LAWS OF THE CUSTOMS. 
 
 [part r. 
 
 Penalties how 
 applied. 
 
 Appeals when 
 and how to be 
 prosecuted. 
 
 Appeal not to 
 stay execution 
 is certain cases. 
 
 Operation of re. 
 eulat.ons may 
 be suspended. 
 
 Rules for con- 
 struing reve- 
 nue laws. 
 
 25. If any revenue officer or person employed for the 
 prevention of smuggling shall make a collusive seizure, or 
 deliver up, or agree to deliver up or not seize any thing 
 liable to forfeiture under the revenue laws, or shall take 
 any reward for the non-performance of his duty, he shall 
 forfeit for every offence a sum not exceeding two hundred 
 pounds, and be incapable of serving her majesty m any 
 office of provincial appointment, and every person who 
 shall give or offer, or promise to give, or procure to be 
 given, any reward to, or shall make any collusive agree- 
 ment with any officer or person hereinbefore in this section 
 designated, to induce him to neglect his duty, shall forfeit a 
 sum not exceeding one hundred pounds. 
 
 26. Except in cases specially provided for, penalties 
 recovered under the revenue laws, or the laws relating to 
 trade and navigation, shall be paid into the hands of the 
 collector of the port where recovered, and shall be applied 
 as follows : after deducting the charges of the prosecution 
 one half of the nett produce shall be paid to the collector 
 for the use of the government, and the other half to the 
 person making the seizure ; but the board may, out of the 
 government portion, make a further allowance, in whole or 
 in part, of the same to the person making the seizure, to 
 reward his vigilance, or make such distribution of the 
 government portion as they shall approve. But no officer, 
 except he shall have made the seizure, or been the means 
 of recovering the penalty^ shall be entitled to any portion 
 thereof. 
 
 27. No appeal shall be prosecuted, from a judgment of 
 a court of record, touching any penalty under the revenue 
 laiivs, unless entered, and security therefor filed within 
 twelve months from the time of judgment. 
 
 28. Where proceedings have been instituted against any 
 vessel, boat, or goods, for recovery of any penalty under the 
 revenue laws, and judgment of restitution is given, the 
 execution thereof shaU not be suspended by an appeal, if 
 the party appellee shall give security that, if the judgment 
 shall be reversed, and the vessel, boat, or goods condemned, 
 the full value thereof, to be ascertained by agreement 
 between the parties, or in case of difference, then by ap- 
 praisement, under the authority of the court, shall be 
 rendered. 
 
 29. Upon the representation of the board, the governor 
 in council may suspend the operation of any regulation in 
 this chapter contained, for so long a time as may be deemed 
 proper. 
 
 30. In the construction of the revenue laws the follow- 
 ing rules shall be observed, unless otherwise expressly pro- 
 vided for, or such construction would be inconsistent with 
 the manifest intent of the legislature, or repugnant to the 
 context, that is to say : the word " ship" or " vessel" shall 
 
TITLE III.] IMPORTATION OP, GOODS. 49 
 
 include vessels of all classes ; "boat" shall include all sorts Chap. 16. 
 of water conveyEtbces under the class of vessels ; " master" ' 
 shall mean the person having charge of the vessel ; " mate " 
 shall miean the person next in command to the master ; 
 " seamen " shall mean any of the crew ; " board " shall mean 
 the board of revenue ; " collector" shall mean the collector 
 of colonial revenue for the port; "ofiBcer" shall mean 
 revenue officer; "proper officer" shall mean the person 
 authorized to do the act referred to ; "proprietor," "owner," 
 "importer" and " exporter" shall include persons acting in 
 their behalf. 
 
 CHAPTER 16. ^— »^-^ '^■/- ^-^-^^ 
 
 OF THE IMPORTATION OP GOODS. 
 
 1. All goods liable to duties, imported into this province Provisions of 
 or carried from one part of the province to another, shall exte^f ' *^*'^ 
 be subject to the provisions of this chapter. 
 
 2. No- goods shall be unladen from any vessel bringing no goods nnia^ 
 goods into the province, nor from any vessel having on slea^esTr ''"' 
 board dutiable articles brought coastwise, nor shall bulk be ooast before re- 
 broken after the arrival of any such vessel within three ' 
 leagues of the coast before report and entry and permit 
 granted, and except in conformity with the directions in 
 
 this chapter contained ; and all goods unladen contrary 
 hereto shall be forfeited ; and if bulk be brpken contrary 
 hereto the master shall forfeit fifty pounds. If after the 
 arrrival of any such vessel within three leagues of the 
 coast any alteration be made in the stowage of the cargo so 
 as to facilitate the unlawful unlading of any part thereof, 
 or if any part thereof be fraudulently staved, destroyed, or 
 thrown overboard, or any package be opened, it shall be 
 deemed a breaking of bulk ; all goods to be reported, but 
 fresh fish, coin and bullion may be landed without entry or 
 permit, as well as goods in any stranded or wrecked vessel; 
 provided that as soon as such goods are safely deposited on 
 shore report and entry be made thereof; and provided also 
 that such landing shall be in presence of an officer where 
 such officer can be procured. 
 
 3. The master of every vessel engaged in carrying goods ciearanoe 9f , 
 coastwise, shall obtain from the nearest collector a clear- ing goods eoast- 
 ance setting forth whether the vessel be laden or in ballast, ^^^' 
 
 and if laden whether the goods be the produce of .this 
 province, and if the goods are such as are liable to duties, 
 if the duties thereon have been paid; which clearajice the 
 master shall hand to the collector at the next port imme- 
 diately on his arrival. ' ' 
 
50 IMPOETATION OF GOODS. [PART I. 
 
 Chap. 16. 4. If the master shall neglect to obtain such clearance 
 Penalty for nog " or to deliver up the same as before specified, he shall be 
 lectin^ to ob- subiect to a penalty of ten shillings, and the collector may- 
 tain RiearaTice _.^. - ^ ,''..-..1 T,-i • t :J«J 4-1, » 4- 
 
 tain cfi 
 
 .earance 
 
 detain the vessel until the penalty be paid ; provided that 
 the collector may dispense with the production of a clear- 
 ance in all cases where the cargo has been laden at a port 
 where there is no collector or other officer of the revenue, 
 or where the residence of such officer shall be distant more 
 than two miles from the place of shipment ; and in other 
 cases where the collector shall be satisfied that the master 
 has not been guUty of wilful neglect ; and may allow the 
 master to substitute a written manifest in Heu of a clear- 
 ance. 
 :^port to be 5. The master of every vessel , arriving coastwise with 
 SfvlsseiTrrir"' dutiable articles on board, and the master of every vessel 
 ing coastwise, arpi^ing from parts beyond the seas, shall at once make a 
 written report at the principal revenue office, of the arrival 
 and voyage of the vessel, her name, country and tonnage, 
 and if British, the port of registry, of the name and country 
 of the master and the number of the crew, whether the 
 vessel is letden or in ballast, and if laden, the marks, num- 
 bers and contents of every package, and the particulars of 
 the goods stowed loose ; where the goods were laden, and 
 where and to whom consigned, and where any were laden 
 during the voyage, if any such there be, so far as such par- 
 ticulars are known to him ; where the vessel has broken 
 bulk, if at all, during the voyage ; what part of the cargo 
 is intended for importation at that port, and what part at 
 any other port in the province, and what is intended for 
 exportation, and what surplus stores remain on board ; and 
 he shall at tlfe same time, if required by the officer, produce 
 the bills of lading of the cargo or true copies ; and he shall 
 further truly answer all questions connected with the fore- 
 going requirements that shall be put to him by the officer. 
 Penalty. If the master shall not in all respects comply with the 
 
 provisions of this section, or if the manifest or bill of lading 
 or copy thereof be false, or if the goods contained in any 
 bill of lading shall not have been bona fide shipped, or if 
 any bill of lading shall not have been signed by him or 
 under his authority, or any such copy thereof shall not 
 have been received or made by him in either case before 
 leaving the place of shipment, or if any goods be unladen 
 before report made, the master shall for every offence for- 
 feit fifty pounds, and the goods landed without report shall 
 be forfeited. 
 ?"*^here''con-°' ^* ^^ *^® Contents of any package intended for impor- 
 tents of pack- tation into another port, or for exportation, be unknown to 
 age unknown. ^^^ master, the officer may open and examine it, and, if 
 deemed advisable for that purpose, direct the same to be 
 landed ; and if .any prohibited goods be found therein, they 
 shall be forfeited. 
 
\ 
 
 TITLE m.J niPOETATION OF TJOODS. , ' ^^ 5 J 
 
 1. If a vessel having live stock or perisliable articles, on I Chap. 16. 
 deck shall arrive after business hours, the collect6r,.gu'ager Live stock ~~~ 
 or any landing waiter may permit the master to unlade the lie unladen bo- 
 same before report ; but report shall in such case be malde whin.''''"'" 
 as soon as may be after the next opening of the office. 
 
 8. The jcollector may permit the master of any steam^Goodaby steam- 
 boat employed regularly in the conveyance of passengers,, den^and^entwl 
 !upon due report of such boat, to deposit the cargo in a ^''• 
 warehouse to be provided by the owner or agent of the 
 
 boat and approved by the collector, the owner or agent 
 having first given general seciwity by bond with two 
 sureties for payment of the full -duties of importation on 
 all such goods as shall be at any time so warehoused therein, 
 or for the exportation thereof; and. goods so deposited shall 
 be deemed to be on board the importing steamboat, and 
 tihall be subject to the same regulations, penalties and for- 
 feitures, as if they had not been taken thereout ; and the 
 master or owner of the steamboat shall have the same lien 
 on the goods for freight or other charges as if the same had 
 not been deposited in the warehouse, but shall not be 
 entitled to any rent for the goods so deposited. The owner 
 or consigneeof the goods must make entry thereof within 
 six days from the time .of their being deposited in the ware- 
 house. Provided that if a steamboat shall happen to arrive at vfng at night"" 
 night or before or after the appointed office hours, it shall 
 be the duty of the collector, or other proper officer to 
 attend until all the goods intended to be landed shall be 
 safely deposited in the warehouse. 
 
 9. No rum, brandy, gin or alcohol shall be imported or, ^^^tlT'"*^™'' 
 brought into the province by sea or inland carriage or navi- 
 gation, in any cask or package not capable of containing 
 
 at least one hundred gallons ; nor shall any such liquor in 
 
 any smaller cask or package be exposed for sale, or be in ^ 
 
 the possession of any person unless imported previously to ^ 
 
 the first day of June, one thousand eight hundred and 
 
 forty-nine, or unless the same shall have been transferred to 
 
 such smaller cask or package after it shall have been brought 
 
 into the province, of all which the proof shall be upon the # 
 
 party in possession. Any person offi^nding against any of the 2 
 
 provisions of this section shall forfeit ten pounds for every ' 
 
 such cask or package, and the . liquor shall be. forfeited. M 
 
 Nothing in this section contained shall, apply to any such ^ 
 
 liquors imported into the province from Europe, the British 
 
 West Indies, or any of the British possessions in North 
 
 America. 
 
 10. Revenue officers may board any vessel arriving, and ^j,"^,"^^" flcura 
 stay on board until all .the goods intended to, be unladen onboard, 
 shall have, been delivered. They shall have free access to 
 
 every, part of the vessel with power to fasten down hatch- 
 ways, the forecastle excepted, and to mark and secure any_ 
 goods, as may be deemed advisable. If any place, box or 
 4 
 
 I 
 
52 , IMPORTATION OF GOODS. [PAET I. 
 
 Chap. 16., chest be locked and the keys withheld, the officer, if he be- 
 
 ' — a landing waiter or seizing officer, or a collector, guager or 
 
 Aveigher, may open the same ; and if he be not an officer of 
 ^that degree he shall send for his superior officer, who may 
 op'en the same. If any goods be found concealed, on board 
 they shall be forfeited. If the officer shall place any mark, 
 lock, or seal upon any goods and the same shallftbe wilfully 
 altered, opened or broken before delivery of the goods, or 
 if goods be secretly conveyed away, or if hatchways fas- 
 tened down by the officer be opened or broken by the 
 master, or with his as^it, the master shall forfeit fifty 
 pounds. 
 Directions in 11. When report shall be made that part only of the 
 case rf partial gg^^^ ^jg intended to be unladen at that port, the entry 
 shall be confined to such goods, and entry outwards coast- 
 wise shall be made of the goods intended for any other 
 port ; and on arrival at any such other port, the like pro- 
 ceedings shall be adopted with respect to the goods there 
 to be landed, as hereinbefore directed in respect of the 
 goods landed at the first port. But if at any of the ports 
 the residue of the goods shall be designed to be shipped 
 out of the province, then entry outwards for exportation 
 shall be made, and the regulations applicable thereto 
 attached. 
 of"*oods"&o"^''^ ^^- ^^® importer shall within three days after the entry 
 of the ship, make entry inwards of all goods not intended 
 for exportation in the same ship to parts out of the pro- 
 vince, by delivering to the collector or other proper officer 
 a bill of entry thereof, fairly written in words at length, 
 containing the name of the importer and of the ship and 
 master, and of the place within the port where the goods 
 are to be unladen, and the situation of the warehouse if 
 the goods are to be warehoused, and the name of the per- 
 son in whose name the goods are to be entered, with the 
 ^ parjticulars of the quantity and quality of the goods and 
 
 *{ the packages containing the same with their marks and 
 
 numbers, and whether the goods are of the production 
 of British America or otherwise, and of the number, 
 guage, weight, measure or value upon which duties are 
 payable thereon; and shall also at the same time deliver 
 two or more duplicates of such entry as may be required 
 by the collector, in which all such sums and numbers may 
 be expressed in figures, and the particulars in all such 
 entries shall be written and arranged as directed by the col- 
 lector, and one of such duplicate entries signed by the 
 collector shall be the^ warrant to the landing tide waiter for 
 the landing or delivery of the goods. If the importer do 
 not make such entry within the time specified, the collector 
 upon twenty-four hours notice to the owner of the goods, 
 if known, may land the goods and deposit them in ware- 
 house at the expense of the owner. 
 
w 
 
 "TITLE m.] IMPORTATION OP GOODS. §3 
 
 13. No entry or permit shall be deemed valid unles^ the i Chap. 16. 
 same shall correspond with the ship's report, and also with what a vaiM 
 the manifest and certificate or other docviment respectively "^^^^y- 
 where the same are requisite, nor unless the goods shall 
 
 have been properly and particularly described in such entry 
 or permit. 
 
 14. The importer shall at the time of entry of any Duties to be 
 goods, either pay down the duties thereon, or, having warehoused 
 entered the same for warehouse, enter into the bonds in ^ant^el."™'* 
 that respect prescribed by law, or otherwise a permit shall 
 
 not be granted for the landing thereof; and the collector or 
 other officer shall secure the same and cause them to be 
 sold at public auction within twenty days thereafter, at such 
 time and place as such officer shall by at least four days' 
 public notice appoint for that purpose, and the proceeds 
 shall be applied, first, in payment of the freight and of the 
 charges occasioned by the securing and sale of the goods, 
 secondly in payment of the duties thereon, and the surplus, 
 if any, shall be paid to the importer or other person 
 authorized to receive the same. 
 
 15. If any person other than the master of the ship shall Penalty for on- 
 frauduleutly make any entry inwards of any goods without unautuoriad?"^ 
 authority hrom the proprietor or consignee, he shall for 
 
 every offence forfeit fifty pounds. 
 
 16. No goods, except such as are charged with duty, ^ar1.»ibiewiti» 
 according to the number, weight, guage, or measure there- duty.bynum- 
 o^ shall be unladen until entry made and permit granted how^unfadea."" 
 therefor ; nor shaU any goods be unladen except at a places 
 
 where an officer is appointed to attend, unless authorized 
 ■by the permit, nor shall any goods be unladen except in 
 the presence of the officer, or with his permission. But the 
 board may make regulations for carrying goods coastwise, g^^^g impro- 
 
 17. All goods unladen contrary to law shall be forfeited, periyuniadea 
 
 18. Where goods are liable to duty, according to the Goods charge- 
 number, weight, guage, or measure thereof, upon the report ^''^^^'2^/" '^ 
 of the ship and cargo being made, the collector shall grant weight,.&o.,' 
 
 a permit for the unlading of the goods intended to be landed ^°^ " * ""' 
 at such place as shall be most convenient to the importer, 
 and as soon as landed the collector shall cause the same to 
 be weighed, counted, guaged or measured, according as the 
 duties are chargeable thereon, and shall cause casks or 
 ■ packages of spirituous liquors to be marked on their heads, 
 with the name of the place whence they shall have come, 
 with the contents and the guager's surname, or otherwise, 
 as the board shall direct ; and shall cause a duplicate return 
 in writing of the contents of each cask or package with refe- 
 rence to the numbers and marks, signed by the ganger and • - 
 weigher, to be filed in the collectoi-'s office ; iand thereupon 
 the importer shall make the entry. If any such goods shall 
 be removed from the place named in the landing permit, 
 without a removal permit, they shall be forfeited. • 
 
§4 I IMPORTATION OF GOODS. [PART I, 
 
 ( 
 
 Chap. 1^. i 19. If the importer, or his agent, shall subscribe a 
 Entries ty Mil declaration before the collector, or other proper ofEcer; 
 teinfasel" "^'" *^^* ^® Cannot, for want of information, make a perfect 
 \entry,"the collector may receive an entry by bill of sight by 
 the best description of the goods that can be given, and 
 grant a permit for the landing thereof, and the same shall 
 be at once landed, and at the expense of the importer 
 searched by the proper officer, and in the presence of the 
 importer if he shall desire it, and within three days after 
 the goods have been landed the importer shall make perfect 
 entry thereof, and in default the goods shall be taken to a 
 warehouse, and if entry shall not be made within one month 
 thereafter they shall be sold, and the duties thereon, toge- 
 ther with warehouse rent and other charges, shall be taken 
 out of the proceeds, and the balance paid to the importer 
 or owner. If any package shall have been landed from a 
 vessel, arid goods shall be ' found concealed therein packed 
 to deceive the revenue officers, the package with all its 
 contents shall be forfeited. 
 •BoodB abandon- 20. Whole packages of goods may be abandoned for the 
 ^wdieposBdof. duties thereon payable, and shall in such case be described 
 in a writen notice of abandonment to be given to the col- 
 lector, and thereupon the same shall be sold as directed by 
 the board, and after payment of charges the duties shall 
 be paid out of the proceeds and the balance be paid into 
 the treasury. 
 Abatement of 21. If goods not charged w^th duty according to the 
 TO damaged*^ number, weight, guage, or measure thereof, shall receive 
 800^8- damage during the voyage, an abatement of duties shall be 
 
 allowed proportioned to the damage, provided satisfactory 
 proof be adduced to the board, or ofEcer acting therein 
 under their directions, that the damage was received after 
 the goods were shipped in the importing ship, and before 
 they were landed, and provided claim be made on the first 
 examination of the goods. The officers of the revenue 
 shall examine such goods, and may make an abatement of 
 duties proportioned to the damage which, in their opinion, 
 they shall have received, but if the officers be incompetent 
 to estimate the damage, or if the importer be not satisfied 
 with the abatement by them made, the collector shall ap- 
 point two experienced and disinterested merchants, who 
 shall, at the expense of the importer, examine the same, and 
 subscribe a declaration on oath before the collector of 
 what, in their opinion, the damage is, and the collector may 
 make an abatement of duties in accordance therewith, 
 juvaioes on en- 22. Where dutios are charged according to the value of 
 &. SLdorSh." the goods, the importer, or his agent, shall declare on oath, 
 what is the invoice price thereof at the place whence they' 
 were imported, and that he believes such invoice price is 
 the current value thereat, and shall at the same time exhibit 
 to the collector the original invoices, and certify on oath' 
 
TITLE ni.] IMPORTATION OF GOODS. gg' 
 
 that they are the original invoices, and that they contain all Chap. 16. 
 
 the dutiable goods imported by, or belonging, or consigned '- '- 
 
 to him in the^ vessel specified in the entry, to the best of 
 his belief, or if he has not and cannot procure the original 
 invoices he shall.make oath thereof, and account for his want 
 of the same, and shall also state on oath what he believes 
 to be the current value of the goods at the place whence 
 they were imported, as near as can be ascertained. All 
 such oaths shall be signed 'by the party attesting, and be 
 taken by the collector, or, in case of his absence, by his 
 chief clerk or authorized substitute. 
 
 23. If it shall appear to the collector or other proper Pro(!oediii|g 
 officer, that goods liable to duty according to their value, uulervaiueiL" 
 have been valued below their real value under the last pre- 
 ceding section, he shall appoint two persons to examine the 
 
 same, and such persons shall declare on oath before the 
 collector or other proper officergiltt what, in their opinion, 
 the same should have been valued, and the same shall be 
 deemed the real value upon which duties are chargeable. 
 The appraisers shall receive ten shillings each for their 
 valuation, to be paid by the collector, or other proper 
 officer, and charged in his accounts. 
 
 24. The value of goods not chargeable with duties PmegoocU, do- 
 according to the number, measure, guage, or weight thereof, from"Vhom*M* 
 brought into the province under the denomination of prize ''""'^- ^ 
 goods, or which shall be sold by order of the court of vice 
 admiralty, or which shall become forfeited, shall, if the 
 
 value thereof cannot be ascertained by the means herein- 
 before prescribed, be ascertained by the gros's price which 
 thesame shall bring at public auction. And all such goods 
 whether chargeable to pay duties according to value or to 
 number, weight, guage, or measure, shall be sold at public 
 auction within two years after importation, reasonable 
 notice of the sale being given by the person charged there- 
 with to the collector, and the purchasers shall be con- 
 sidered the importers and pay the duties thereon. 
 
 25. The surplus stores of vessels arriving in this pro- Surplus storcg 
 vince from parts beyond the seas, shall be subject to the "*"" '" ''^'''''• 
 same duties and regulations as if imported as merchandize, 
 
 but if it shall appear to the collector that such stores are 
 not excessive or unsuitable under the circumstances of the 
 voyage, he may permit them to be entered for the private 
 use of the master or owner, or of any passenger to whom 
 the same may belong, on payment of the proper duties, or 
 to be warehoused for the future use of the vessel. 
 
 26. Where goods are manufactured or composed of ^^^^"I'^j ,jjj • 
 different materials, they shall be charged with the highest ferent mate- 
 duty to which any of the component parts are liable. hw 'charged?* 
 
 27. No goods shall be imported as from the United ^a°n'*^„f B?iudi 
 Kingdom or from' any British possession, if any advantage possessions 
 attach to such distinction, unless they shall appear upon the """st imre beea 
 
56 IMPOETATION OF GOODS. [PAET I. 
 
 Chap. 16. cockets or proper documents to be duly cleared otitwards 
 elearedout. »* the port of exportation in the United Kingdom or such 
 wards. British possession, nor unless the grounds. upon which 
 
 such advantage is claimed be stated in the cocket or docu- 
 ment. 
 ^^ods^iiSIc to ^^- ^oods which might be imported by sea may be 
 goo^s la c |jj.Q^g|j^ ^y. j^j^^ Qj. ijiiamj navigation into the province 
 
 from any adjacent British colony, and they shall be subject 
 to the same duties, regulations, penalties and forfeitures as 
 the like goods if imported would be subject to, so far as 
 the same are applicable ; and if any goods shall be brought 
 into the province contrary to this provision, or if they shall 
 be removed from the place appointed for the examination 
 thereof by the revenue officers before the duties thereon 
 shall have been paid, such goods, together, with the vessel 
 or carriage and cattle which shall have brought the same, 
 shall.be forfeited. ^Ik 
 
 Batieswhen 29. Vessels entering me gut of Annapolis maybe re- 
 
 Sy^OT^Ann?pfl ported and entered, and the duties on goods therein 
 ^**- imported paid, either at the ports of Digby or Annapolis. 
 
 Where Tessei 30. If any vcsscl having received damage shall put into 
 dama|e"utJin another port in this province than that to whicTi she shall 
 -himianfed*^ ^® bound, having dutiable goods on board which it may be 
 necessary to land for the purpose of repairing the vessel in 
 ^ order to enable her to proceed on her voyage, the collector 
 
 upon application of the master or agent, may permit such 
 goods to be unladen and deposited in a warehouse in the 
 custody of the collector; and the collector shall cause to be 
 taken an exact account of the packages and contents, and 
 entry of the goods shall then be made by the master or agent 
 as hereinbefore directed, and they shall remain in the cus- 
 tody of the collector until the vessel is ready for sea, when 
 upon payment of storage and the reasonable charges of 
 unlading and storing, the collector shall deliver up the'same 
 to the master or agent to be exported from the province 
 under the same security and regulations as if such goods 
 had been imported in the usual manner, and such goods 
 shall not be subject to duty. No person shall be entitled 
 to the benefit of this section who shall have sold any of 
 such goods except such as it may have been necessary to 
 sell ' to defray the expense of repairs and charges of the 
 vessel, or as may have been authorized by the board. If 
 goods are sold for payment of repairs and charges they 
 shall be subject to duty, and shall be warehoused, or the 
 duties thereon paid by the purchaser. 
 Goods sold for 31. The owner or salvor of dutiable goods saved from 
 Slmptedtt t^e sea, in respect of which any salvage shall have been 
 anty. lawfully awarded or paid or agreed to be paid to the sal- 
 
 vors, may sell so much thereof as will pay the salvage, and 
 upon production of the award, or satisfactory pTroof to the 
 board of such payment or agreement therefor, the board 
 
TITLE m.] IMPORTATION OP GOODS. g7 
 
 shall allow tke sale of goods free of duty, to the amount of, "Chap. 16. 
 the salvage, or to such other amount as to them shall ' " 
 
 appear proper. 
 
 32. Goods derelict, flotsam, jetsam, or-wreck, or landed wrecked goods 
 <or saved from any vessel wrecked, stranded, or lost, brought ^'^^^® '" ^"'^" 
 or coming into the province, shall be subject to the same 
 
 "duties as goods of the like kind imported are subject unto ; 
 if of such sort as are entitled to allowance for damage, such 
 allowa,nce shall be made under the direction of the board. 
 If any person shall have in his possession, in port or on 
 land, any such goods, the same being dutiable, and shall 
 not give notice thereof to the nearest revenue officer 
 without unnecessary delay, or shall not, on deniand, pay 
 the duties thereon, or deliver the same to the proper 
 officer, he shall forfeit fifty pounds. And if any person 
 ehall remove or alter, in quantity or quality, any such goods, 
 or shall unnecessarily open or alter any package thereof, 
 or shall abet any such act before the goods are deposited in 
 a warehouse under the custody of the revenue officers, he 
 shaU forfeit fifty pounds ; and if the duties on such goods 
 are not paid within eighteen months from the time when 
 the same were so deposited, the same may be sold in like 
 manner and for the same purposes as goods imported niay 
 in such default be sold. If they. cannot be sold for enough 
 to pay the duty they shall be delivered over to the person 
 entitled to receive them, and shall be deemed unenume- 
 rated goods, and charged with the lower duty accordingly; 
 tut any person having lawful claim to such goods, or being 
 in possession thereof, shall be at liberty to retain the same 
 in his own custody, on giving bond, with two sureties 
 approved by the collector, in double the value of the goods 
 for the payment of the duties thereon at the expiration of 
 a year, or to deliver such goods to the proper officer in the 
 same condition as they were at the time of taking posses- 
 sion. Nothing in this section contained shall extend to 
 goods in the custody or under the management of any com- 
 missioner for the Isle of Sable. 
 
 33. No goods, except those allowed to be landed with- Goods how, 
 out permit, shall be unladen from any vessel arriving from ^ be uufaden™ 
 parts beyond the seas, or arriving coastwise with dutiable 
 
 goods, on Sundays or holidays, and such goods shall be 
 unladen only in the day time, and between such hours a,s 
 the board shall appoint, and such goods shall be unladen 
 only in the presence or with the authority of the proper 
 officer, and at the place expressed in the permit ; and no 
 such goods after being unladen .shall be transhipped, or 
 after having been put into any boat to be landed shall be 
 removed into any other boat or craft, previously to their 
 being landed, without the permission of the proper officer. 
 
 34. The unshipping, carrying,^and landing of goods, and SodwithTiI* 
 the bringing the same to the proper place after landing for landin^of 
 examinationj and the putting the same into the scales and iome'. 
 
58 
 
 ■WAEKHOUSIN© OP GOODS. 
 
 [PAET r. 
 
 Vessels for Bras 
 d'Or Lake 
 where to enter.. 
 
 Chap. 17.. taking tliem thereout after weighing, shall be performed 
 *• by or at the expense of the importer. 
 
 35. No vessel shall pass into the Bras d'Or Lake without 
 first coming to anchor at the entrance, and piaking entry of 
 the cargo on board, and paying the duties to the collector 
 appointed to receive, the same ; the master of any vessel 
 passing without making such entry shall be liable to a fine 
 of twenty-five pounds, in addition to any other penalty he- 
 may have incurred. 
 
 CHAPTER 17. 
 
 OP THE WAREHOUSING OF GOODS'. 
 
 Warehouse a-p 
 poiutmcntseon 
 lirmed. 
 
 Warehouses 
 may be esta.h- 
 lished, and or- 
 ders made rela- 
 ting thereto. 
 
 Goods may be 
 warehoused^ 
 and bonds jny- 
 
 f^cods entered 
 for warehouse 
 forfeil'ed in cer- 
 tain cases. 
 
 Duty of oiBoer 
 on entry of 
 
 foods for ware- 
 ouse 
 
 1. The appointment of warehouses for the securing of 
 goods liable to duty already established, is confirmed, but 
 may be annulled by the board of revenue. 
 
 2. The board may by order establish other warehouses 
 at any warehousing port, and may declare what goods may 
 be warehoused therein, and may also annul any order es- 
 tablishing such warehouses, but all such orders shall be 
 forthwith transmitted -to the governor in council and pub- 
 lished. 
 
 3. The importer of any dutiable goods, and the manu- 
 facturer of any spirituous liquors, may warehouse the sam& 
 without payment of duty on the first entry thereof on 
 entering into a bond to the collector, with two sureties by 
 him to be approved, in double the amount of duties, which 
 bond shall be in the form now in use, and shall be otherwise 
 made and executed as the board may direct. And if any of 
 such goods shall be thereafter entered for home use, the 
 duties thereon shall be paid at the time of such entry, and 
 at the same rate as if then imported and entered for the- 
 first time. If within two j^ears from the date of the first 
 entry, the goods, or any part thereof, shall be sold, the 
 collqf tor may admit fresh security by bond with sureties 
 from the purchaser, and cancel the original bond, or exone- 
 rate the parties thereto to the extent of the new security, 
 but such new security shall not be given for a less sum than 
 one-fifth part of the duties mentioned in the condition of 
 the original bond. 
 
 4. If goods entered for warehouse shall not be deposited 
 therein within the time and in the manner directed by the 
 proper officer, or shall afterwards be taken out of warehouse- 
 without entry therefor, they shall be forfeited. 
 
 5. Upon entry and landing of any goods to be ware- 
 housed, the proper officer shall take a particular account 
 thereof and mark the contents on each package, and enter 
 
TITLE m.] WAREHOUSING OF GOODS. 59 
 
 the same in a book to be kept for the purpose ; and no goods Chap. IT. 
 warehoused shall be delivered from warehouse except upon 
 entry and under care of the proper officers for exportation, 
 or upon entry for home use and payment of the duties. 
 "Whenever the whole of the goods warehoused under any 
 entry shall be cleared from warehouse or whenever further 
 time shall be granted for any such goods to remain ware- 
 housed, an account shall be made out of the quantity upon 
 which the duties have been paid and of the quantity export- 
 ed, and of the quantity, to be then ascertained, of the goods 
 still remaining in the warehouse, deducting from the whole 
 the quantity contained in any whole package which may 
 have been abandoned for duties ; and if there shall be any 
 deficiency of the original quantity, the duty, except as here- 
 inafter provided, payable upon the deficiency, shall then be 
 paid. 
 
 6. Goods warehoused shall, by or at the charge of the fe°i°andse^ured 
 owner, be stowed in such manner as that easy access may in warohouso. 
 be had thereto, under penalty on such owner of five pounds 
 
 for every omission ; and they shall be. stowed in such parts 
 or divisions of the warehouse and in such manner as the 
 collector shall direct, and the warehouse shall be secured in 
 such manner, and visited only at such times, and in the 
 presqpce of such officers, and under such regulations, as the 
 collector, under the authority of theboard, shall direct. 
 
 7. The collector, under the regulations of the board or sampiesmaybs 
 in his own discretion, may permit samples to be taken of '**'*'"■ 
 goods warehoused, without entry and without payment of 
 
 duty, except as the same may eventually become payable 
 on a deficiency of the original quantity under the provisions 
 of this chapter. 
 
 8. The collector, under the regulations of the board or Owners may do 
 in his own discretion, may permit the proprietor of goods |oods°wh?ie ia 
 warehoused, at his own expense to sort, separate, pack and warehouse, 
 repack the same as may be necessary for their preservation 
 
 or more convenient disposal, and under the fi-egulations of 
 the board to draw off liquors into bottles or casks, and to 
 mix brandy with wines, and to fill up casks of liquors from 
 other 'casks thereof respectively in warehouse, and to rack 
 off wines from the lees, or mix wines ; and he may also allow 
 portions of goods so separated to be destroyed, but without 
 prejudice to claim for duty upon the whole original quan- 
 tity. Whole packages may be abandoned to the collector 
 for duties, and shall not remain liable thereto. No portion 
 of goods less than a whole package shall, however, be taken 
 out of the warehouse at any time. 
 
 9. Goods warehoused may, under the authority of the Goods maybe 
 collector, be delivered on entry without payment of duty on^ewMehousi 
 except for any deficiency, for removal to another warehouse '""lotiier. 
 
 in the same or another port in the province under bond to 
 the satisfaction of the collector, or such other regulations 
 
 
60 WAREHOUSING OP GOODS. [PART I. 
 
 Chap. 17. as the board may make for the re-warehousing thereof or 
 
 payment of duties thereon. 
 Ximitation of 1^- Goods Warehoused shall be cleared for exportation 
 iug goodsware- °^ entered for home use within two years from the first 
 houfod. entry thereof; and if not so cleared or entered the collector 
 
 unless otherwise directed by the board, shall sell the same, 
 and the proceeds shall be applied — first to the payment of 
 warehouse rent and other charges, next of duties, anci the 
 surplus, if any, shall be paid to the proprietor. 
 How goods in 11. When goods in Warehouse are sold, the seller shall 
 bl'trSfrS.^ give the buyer a transfer note containing the particulars of 
 the goods and the date of sale, and the purchaser shall lodge 
 the same with the warehouse keeper, who shall make a 
 ininute of the transfer in a book to be kept for the purpose, 
 and which shall be produced on application. If this pro- 
 vision shall not be complied with, the goods, so far as 
 respects the officers of the revenue, shall be held the pro- 
 perty of the seller. 
 Penalties for in- 12. If goods warehoused shall, with the owner's sanc- 
 wareifo'used'"'' ^^0°) ^^ fraudulently concealed in or removed from the 
 goods. warehouse, they shall be forfeited ; and if the proprietor, 
 
 or any person with his knowledge, shall fraudulently open 
 the warehouse or gain access to the goods, except in the 
 presence of the proper officer in the execution of his<duty, 
 or shall fraudulently adulterate, reduce or increase the 
 strength of liquors, such proprietor shall, for every offence, 
 forfeit one hundred pounds. 
 Dntioson goods 13. If goods entered for warehouse, or for delivery 
 warehouse, re- therefrom, shall, by unavoidable accident, be lost or de- 
 toinolsos"'"' ^t^ojed either on shipboard or in the landing or shipping, 
 or the receiving into or delivering from the warehouse of 
 the same, or if any such goods shall be destroyed, or, being 
 liquors, shall leak or evaporate while in the warehouse, 
 the board may remit or return the duties thereon, but no 
 abatement shall be made in respect of deficiency in quan- 
 tity of liquors or of wastage in any article, unless the goods 
 shall have been warehoused six months. 
 Goods entered 14. If the importer of any goods entered for Warehouse 
 re-entered'for' Emd landed, shall, before the same are deposited in the 
 home oonsump. warehouse, further enter the same or any part thereof for 
 home use or for exportation, as from the warehouse, the 
 goods so entered shall be considered constructively ware- 
 housed, and may be delivered for home use or for exporta- 
 tion, as the case may be. , 
 Warehoused 15. Goods Warehoused shall continue liable for freight. ■ 
 
 goods liable for -j;' i • i i o ? 
 
 freight. as II on shipboard. 
 
title m.] exportation op goods and deawbacks. gj 
 
 Chap. 18. 
 CHAPTER 18. 
 
 OP THE EXPORTATION OF GOODS AND OP DRAWBACKS. 
 
 1.^ Whosoever shall export any goods on which on their Drawbacks ai- 
 . entry inwards for home use the duties shall have been paid, ^°^®'^- 
 shall be entitled to a drawback of the whole amount, such 
 goods being of the quantity or value for which a drawback 
 is allowed ; and all drawbacks shall be under the manage- 
 ment of the board of revenue. 
 
 2. All goods warehoused on the importation thereof, warehoused 
 may be exported from warehouse without payment of free''of du^y^'*'' 
 duty. 
 
 3. No goods on which, upon exportation, any drawback wiere draw- 
 is intended to be claimed, and no goods intended to be ex- howgoodftole 
 
 -ported from the warehouse shall be laden until entry out- ^^'ported. 
 ward shall have been n^e and permit granted therefor ; 
 and no goods shall be iMen except at some place at which 
 an oiEcer is appointed to attend, and except in the presence 
 or with the permission, in writing, of the officer ;*but the 
 board may make such other regulations for carrying goods 
 coastwise as may be expedient. All goods laden contrary 
 to the provisions of this chapter, or to any such regula- 
 tions, shall be forfeited. 
 
 4. The person entering goods outward for drawback or Entry to be 
 for exportation, or from the warehouse, shall deliver to the mteredfSr"'^' 
 collector a bill or entry written at length, containing the drawback, 
 name of the exporter, of the ship and of the master and of 
 
 the place to wh^h bound, the particular place within the 
 port where the goods are to be laden, the particulars of the 
 quality and quantity of the goods and the packages, their 
 marks and numbers and the value thereof; and the collector 
 shall thereupon grant his shipping permit which shall be 
 written upon or annexed to a, copy of the entry to be made 
 by the exporter. 
 
 5. Upon the entry outwards of any goods from the Bond, 
 warehouse, the exporter shall give a bond in double the 
 duties, with two sureties that they shall be landed 'at the 
 place for which they may be entered or accounted for to 
 
 the board. 
 
 6. Every person who shall make entry outwards of „™„afo„^ed™ 
 goods for drawback, or for exportation from warehouse, not partyenters 
 being the proprietor thereof nor the master of the vessel, ^"^ " °" ^^^ ' 
 shall for every offence forfeit fifty pounds. 
 
 7. No entry outwards, nor any shipping permit, or per-' ^^^'j* ^^'"^ 
 mit for taking goods from warehouse for exportation, shall ^^™ 
 
 be deemed valid unless the particulars of the goods and 
 packages shall correspond with the particulars in the entry 
 inwards for home use, or in the entry for warehousing, nor 
 
62 EXPORTATION OP GOODS AND DRAM'BACKS. [PAET i. 
 
 Chap. 18. unless they shall have been properly described in theentry 
 • outwards, by the character, denomination and circum- 
 
 stances under which they were originally charged with 
 duty; and any goods laden or taken out of the war6house 
 by any entry outwards or shipping permit not so corres- 
 ponding or not properly describing them, shall be forfeited. 
 
 Drawback ai- 8. A drawback of the whole duties upon goods on which 
 
 grantek?"^'^ ^ the duties shall have been paid, shall be allowed upon any 
 quantity of wine not less than twenty-five gallons, or upon 
 any quantity of spirits or other liquors not less than one 
 hundred gallons, exported in the original packages, and 
 upon any quantity not less than three hundred weight of 
 coffee, or any quantity not less than ten hundred weight of 
 sugar, or any quantity not less than two hundred gallons of 
 molasses, or any quanity not less than five hundred pounds 
 of leather, or any quantity not less than two hundred and 
 fifty pounds of tea, and upon any amount not less than fifty 
 pounds sterling of the original value of any articles charged 
 according to the value. ^ 
 
 shipping,per- 9_ Before any goods not expOTted from the warehouse 
 
 uiit to De ctjiii- _-, 11 "IT T' I.J.1 'li. 
 
 flud by guager. and Dcmg charged with duty accordmg to tne weignt, 
 guage Of measure, shall be laden for exportation, the ship-, 
 ping permit shall be exhibited to the guager and weigher, 
 who shall thereupon, without fee, guage or weigh them 
 before shipment and certify on the permit the weight, guage 
 or measure thereof 
 Affldavit to.be 10. So soou as any goods so entered outwards, not being 
 Storing ^good" from warchouse, shall have been actually laden, the master 
 eutward. ^^^ exporter shall make an affidavit annexed to the entry 
 
 that the goods are shipped for exportation and not to be 
 relanded or disposed of in the province, and that the same, 
 to the best of their knowledge and belief, Vere part of the . 
 stock of the person by whom they were entered for home 
 use, and that the goods, if subject to ad valorem duties, are, 
 of the value stated in the entry, and that the same is the 
 true value at the place from whence they were originally 
 imported ; and shall specify the office where entered and 
 the date of entry, and that they are of thesame quality, 
 proof and description as when imported or as described in 
 the entry outwards. 
 SS;ifict°t^ "^ 11. -If within one year from entry outwards there shall 
 be produced a certificate annexed to the shipping permit 
 and signed hj some principal officer of the customs or 
 colonial revenue at the place to which the goods were ex- 
 ported, or if such place be a foreign country, of any consul 
 or vice consul resident there, or an affidavit annexed to the. 
 permit of any person resident at the place and certified by 
 a notary public or magistrate, and in which certificate or 
 affidavit it shall be stated that the goods were actually land- 
 ed at some place out of the province, or that they were 
 lost, or that the vessel had never arrived at her destination 
 
TITLE III.] EXPOEXATION OF GOODS AND DEAWBACKS. 63 
 
 and was supposed to be lost, the bond shall be cancelled, Chap. 18. 
 
 or if the duties have been paid the board may allow the draw- ~~ 
 
 back thereon, and the exporter shall be entitled to receive the 
 amount of the duties at the receiver general's office. All 
 bonds not so cancelled within twelve months shall be enforced. 
 
 12. Whenever dutiable goods shall be sent coastwise, How drawback 
 the person to whom they are sent may export them and gooUs'sent" 
 receive the drawback in the name of the importer ; but they ""^^'^^''o- 
 must have been duly entered at the first port for exporta- 
 tion to the second port coastwise; and the shipping permit 
 granted, in which it shall be stated that the duties have 
 
 been paid or secured at the first port, tlie importing ship's 
 name, the place whence and the time when they were 
 imported, the marks and numbers of the packages ; and all 
 liquors must be in the original packages. 
 
 13. If the master of a vessel in which a part of the Master delay- 
 imported goods are intended to be exported shall unneces- pay'tidowalter 
 sarily delay unlading the goods intended for landing, or 
 
 after unlading them delay longer than three days proceeding 
 on the voyage, he shall pay every day to the tidewaiter 
 employed the regular wages which would in ordinary 
 cases he chargeable against the government, and the tide- 
 waiter may recover the same before a justice of the peace, 
 and the collector shall withhold the clearance until the 
 same are paid, with costs, if incurred. 
 
 14. . All wines and distilled spirituous liquors and brown ^•''anf nav" 
 sugar, flour, bread, cheese, oatmeal, peas, salted suet, vine- exempt from 
 gar, oil, raisins, currants, salted beef, saltes'S.pork, butter and '^"'"'^' 
 cocoa, imported for the army or navy or naval yard, or any 
 commissary or government contractor, and all prize goods 
 purchased for their use, and all spirituous liquors distilled 
 
 in the province and supplied for their use, shall be exempted 
 from duties, but they shall be warehoused. And when they 
 are intended to be delivered from the warehouse, the entry 
 shall be made as for home use, and shall state that they are 
 solely for the use of the army or navy, or naval yard ; and 
 a bond with two sureties, and in double the duties, shall 
 be given to deliver them to the persons authorized to 
 receive them for such use, or otherwise to account for them 
 to the satisfaction of the board. 
 
 15. Upon security being given, a permit shall be grant- ^"robtataed''' 
 ed, and such goods shall be delivered from warehouse in from warehouse 
 presence Of the revenue officer, and shall be conveyed and 
 delivered in presence of a revenue officer to the commis- 
 sary or other person appointed to receive the same for the 
 
 use of the army, or on board of some of her majesty's ships 
 or into the naval yard, and a receipt therefor signed on the 
 permit, and on the ^return thereof, to be made if required 
 under oath, the security shall be cancelled. Drawback 
 
 16. If any of the above enumerated goods shall be ship- how obtained 
 ped for such service after the duties have been paid, a 8uoii"|ood^' "^ 
 
64 EXPORTATION OF GOODS, AND DEAWBACKS. [PABT 1. 
 
 Cbap. 18. drawback of the whole duties shall be allowed; but a per- 
 
 mit for the delivery of them for such use, specifyiug the 
 
 quantities thereof with marks, numbers, or packages con- 
 taining the same, shall have been first obtained from the 
 collector, and the goods shall be conveyed and delivered in 
 manner as in the preceding section prescribed for goods 
 taken from warehouse, and the like receipts on the permits, 
 and verification thereof made ; and thereupon the amount 
 of the duties paid thereon shall be repaid from the provin- 
 cial treasury. 
 Goods shall be 17. Where such goods are charged with duty according- 
 weifhedTi so to the guage, weight, number, or measure, they shall be 
 ci^rgedwitii guaged, numbered or weighed, and marked, and the draw- 
 back paid accordingly. 
 If reianded in 18. If such goods shall be fraudulently relanded in this 
 thoy Bhiu "be province, or applied otherwise than for such use, they shall 
 forfeited. lyg forfeited ; and every person concerned therein shall for- 
 
 feit fifty pounds. 
 Offleers' wines 19. The board may, upon the application of the oificer 
 SmfiiceMefrom in commaud of any ship of war about to leave the province, 
 board. grant a license to purchase for the use of the officers so 
 
 many gallons of wine as shall be approved by the board as 
 adequate to their supply for three months ; and the name 
 of the person from whom such wines are to be purchased 
 shall be therein inserted. 
 Bond for such 20. The pcrson selling the wines shall obtain the permit 
 or drlwbToka* and ship them according to the regulations, and the officers 
 lowed. -fQj. whose use they have been purchased shall certify that 
 
 they are actually on board of the -ship ready for sea, and 
 that no part shall be re-landed. The certificate, with the 
 license, shall be delivered to the collector, and the bond, 
 on exportation from the warehouse, shall be cancelled; 
 or, if the duties have been paid, the drawback shall be 
 allowed. 
 Agents may en- 21. If a proprietor of goods shall be resident more than 
 *°f soodsmoer ^^^ j^jjgg fj.^^ ^j^g ^f^^^ ^f ^.j^g collector at the port of ship- 
 ment, he may appoint an agent to make his entry and clear 
 and ship his goods, or receive for him the drawback on his 
 certificate of drawback, if payable to him ; but the name of 
 the agent and the residence of the proprietor shall be sub- 
 joined to the name in the entry and shipping permit, and 
 the agent shall make the declaration on the entry wliich is 
 required of the proprietor, and shall answer the questions 
 that shall be put to him. Any trading corporation or com- 
 pany may appoint an agent for the like purposes. 
 No drawback 22. No drawback shall be allowed unless the goods be 
 twoyears.**^' shipped within two years after the payment of the duties. 
 Agents may ex- 23. If any goods which are to be exported for drawback 
 Srawbaoks"^ ^^ *^® property of a person residing abroad, having been 
 fj. poraons afiioad. consigned to Bome person residing in this province to be 
 exported on account of the owner, such person ms>y., as 
 
TITLE III.] ■ PEEVENTION OF SMUGGLING. 65 
 
 agent of the owner, enter, clear, and ship them, and receive Chap. 19. 
 the drawback thereon. 
 
 24. The board may make rules with regard to the ex- Board to make 
 portation of any spirituous liquors on which a drawback •exp''ortatwn 'of 
 shall be claimed,, and for ascertaining the strength thereof ^'^'^"^' 
 
 for the allowance of the drawback, and for the prevention 
 of fraud. 
 
 25. If any goods entered for exportation from ware- Goods entored 
 house, or for drawback, shall not be duly exported to the forf6Uedif're-°"; 
 place for which they were cleared out, or shall ,be relanded forwarded as' 
 in this province, such goods not having been duly relanded cleared. 
 
 as short shipped or for other just cause, or shall be carried 
 to New Brunswick or Prince Edward Island not having 
 been entered and cleared direct thereto, such goods shall 
 be forfeited, together with any vessel or boat used in the 
 infringement of this section ; and all persons concerned in 
 the violation of this section shall forfeit double the value 
 of the gotids. 
 
 26. If any person in this province shall give any docu- p^^^-^y ^°^ 
 ment in writing stating that goods have been landed in the to get draw- 
 province for the purpose of enabling any person to obtain '''"''"■ 
 
 a drawback thereon in the United States or in any of the 
 colonies or provinces of North America, he -shall, if unable 
 to prove that the goods specified in such document have 
 paid the duties thereon in this province, for every offence 
 forfeit one hundred pounds. 
 
 27. Upon the representation of the board the governor operation of re- 
 
 .f ^ 1 ii j_- _c 1 J.- • gulationa, how 
 
 m council may suspend the operation of any regulation m suspended, 
 this chapter for so long a time as may be deemed proper. 
 
 CHAPTER 19. 
 
 OP THE PREVENTION OF SMUGGLING. 
 
 1. The officers of the revenue may go on board any omoers of reve- 
 vessel within any port in the province and search her for Tes^seTs"^ 
 prohibited and uncustomed goods, and also on. board any 
 vessel being within one league of any of the coasts, and 
 stay on board while she remains in port, or within such 
 distance; and if she shall continue hovering for twenty-four 
 hours after the master shall have been required to depart, 
 the officer may bring her into port, and search her and 
 examine her cargo, and examine her master upon oath 
 touching the cargo and voyage ; and if there be any pro- 
 hibited goods on board, the ship and cargo shall be forfeited; 
 and if the master shall not answer the questions demanded 
 
66 PREVENTION OP SMUGGLING. [PART T. 
 
 Chap. 19. of him, or shall not truly answer the same, he shall forfeit 
 
 one hundred pounds. 
 Offloor may en- 2. Any revenue officer, having first made oath before a 
 coruTi casll,'° justice of the peace that he has reasonable cause to suspect 
 and how. ^^^^ goods liable to forfeiture are in any particular build- 
 
 ing, may, in company with the justice, who is hereby 
 required to accompany him, enter such building at any time 
 between sunrise and sunset ; but if the doors are fastened, 
 then admission shall be first demanded, and the purpose for 
 which entry is required declared, when, if admission shall 
 not be given, the justice shall order the ofiicer forcibly to 
 enter ; and when in either case entry shall be made, the 
 oflScer shall search the building and seize all forfeited 
 goods. These acts may be done by a revenue ofiicer with- 
 out oath, or the assistance of a justice of the peace, in 
 places where no justice resides, or where no justice can be 
 found within five miles, at the time of search. 
 Officers of reve- 3. Under the authority of a writ of assistance, which, 
 wrft^SfasS" upon application of the board of revenue and due cause 
 ance. shewn, shall be granted by the supreme court or by any 
 
 judge thereof and be in force for three months, any revenue 
 officer, taking with him a peace officer, may enter any 
 building or place in the day time, and search for and seize 
 any goods liable to forfeiture, and if necessary for that 
 purpose, break open any doors and packages. 
 Collectors may 4. Every collector may at any time between sunrise and 
 toke"ocount°of sunsot, enter into any building of any person dealing in 
 stock. dutiable goods, and take an account of his stock ; and if he 
 
 shall refuse to open the door, or shall obstruct the oflScer, 
 he shall forfeit one hundred pounds. 
 Penalty for oti- 5. 'jf any person shall obstruct a revenue officer em- 
 cers° '"^ ° ' ployed as hereinbefore mentioned, or any person assisting 
 him, he shall be guilty of a misdemeanor and be punished in 
 the discretion of the court. 
 Custody of 6. All goods Seized under the revenue laws shall be 
 
 goo 8 seize . forthwith placed in custody of the nearest collector, and 
 secured by him under the directions of the board, or if 
 seized by any officer in charge of any revenue vessel, shall 
 be retained on board thereof until arrival at Halifax, and 
 Condemnation, shall be held to be condemned, and may be sold without 
 further proceeding, unless the person from whom they were 
 seized, or the owner of them, or some person on his behalf, 
 shall, within one month from the seizure, give a written 
 notice to the seizor, or to the collector in whose custody 
 Claim. they arc, of claim thereto. If claim be made within the 
 
 month, then, subject however to the control of the board, 
 the collector shall forthwith thereafter have the articles 
 valued by three sworn appraisers who shall sign the valua- 
 tion, and if it shaU amount to forty pounds or upwards an 
 Information, information shall be filed in the supreme court, otherwise 
 an information in writing, if the seizor think proper so to 
 
"TITLE hi'.] prevention OP SMUGGLING. g^ 
 
 proceed, may be exhibited in the name of the collector Chap. 19. 
 
 before two justices of _ the peace, charging the articles ~~ 
 
 seized as forfeited under some particular section and chap- 
 ter to be therein referred to, and praying condemation 
 thereof; and the justices shall thereupon issue a summons 
 for all persons claiming interest in the seizure to appear at 
 a, certain time and place, there to claim the articles or 
 answer the information, otherwise the articles will be con- 
 demned ; and a copy of the summons shall, at least eight Proceedings fce^ 
 days before the time of appearance, be served upon ^j^q ^°^'' ■i"^'"'^' 
 .person from whose posession the things were taken, or shall 
 be left at or affixed to the building or vessel, if there 
 xemaining, or at two public places nearest the place of 
 seizure. If any person shall appear to answer the informa- 
 tion, the justices shall hear and determine the matter and 
 acquit or condemn the articles ; but if no person appear, 
 judgment of condemation shall be given. The justices, on 
 condemnation, shall issue a warrant to the collector to sell 
 the goods. 
 
 7. If either party be dissatisfied with the decision of the Appeal to fce 
 justices, he may appeal to the supreme court at its next '^ """^ ' 
 sitting in the county ; and such appeal shall be allowed 
 
 upon security by bond being given to the satisfaction of the 
 justices to abide the decision, which security, if the claimant 
 appeal, shall be in double the appraised value of the arti- 
 cles, but not less in any case than twenty pounds ; and if 
 the prosecutor appeal the security shall be in twenty 
 pounds ; and the proceedings shall be sent to the supreme 
 court, which shall hear and determine the matter in a sum- 
 mary manner, and confirm or reverse the judgment with or 
 without costs ; and if there be judgment of condemnation, 
 shall order the sale of the articles. 
 
 8. Where articles are condemned and liable to be sold. Condemned ar- 
 the collector shall forthwith sell the same at public auction, posed of. 
 giving at least five days' notice thereof by advertisements 
 
 posted up in at least five of the most public places in the 
 county, or such other notice as the board- may direct ; but 
 the board, instead of such sale, may direct the articles to be 
 destroyed. 
 
 9. The collector, out of the nett proceeds of the sale, Proceeds— how 
 after paying the expense of the proceedings, shall pay .one- *pp^'^''' 
 half part to the seizor, and the remainder as the board shall 
 
 direct ; and the board may thereout grant a further sum to 
 the seizor, or may recompense the informer, or any person 
 assisting in the seizure. 
 
 10. If on the trial of any information or suit brought on J^eguiations as 
 
 „ . -; . . o to costs m cases 
 
 account ot any seizure made under this chapter judgment ormfurmauoi.s. 
 shall be given for the claimant, and the judge or court 
 before whom the cause is tried shall certify on the record 
 that there was probable cause of seizure, the claimant shall 
 not be entitled to costs nor shall the seizor be liable to any 
 5 
 
68 EEGTJLATIOH OF DISTILLERIES. [PAET I. 
 
 Chap. 20. suit or prosecution on account of the seizure ; and if oir 
 """^ the trial of any suit or prosecution brought against any per- 
 
 son on account of any such seizure, judgment shall be given 
 against the defendant, and the judge or court shall certify 
 that there was probable cause for the seizure, then the 
 plaintiff, besides the thing seized or the value thereof, shall 
 not be entitled to more than two pence damages, nor to 
 any costs, nor shall the defendant m such prosecution be 
 fined more than a shilling. 
 Tender of H. The ofBcer may, within a month after notice, tender 
 
 amen s. amends to the party complaining, or his attorney or agent, 
 
 and may plead such tender. 
 masters^V?e" ■^^* '^^® master and owner of any vessel in which 
 seiaand others, dutiable goods shall have been imported from any of the 
 British possessions in North America, such goods not having 
 been warehoused or the duties paid thereon according to 
 law, shall, over and above all other penalties to which they 
 are liable, each severally forfeit for every offence not less 
 than ten nor more than one hundred pounds, and shall also 
 be jointly and severally liable for the duties ; and every 
 person concerned in exporting from any of such British 
 possessions to this province, or in bringing in, importing, 
 landing or receiving into this province, or having know- 
 ingly in his possession any such goods whereon the duties 
 have not been paid, or which have not been warehoused, 
 shall, for every offence over and above all other penalties to 
 which he is liable, forfeit not less than ten pounds nor more 
 than one hundred pounds, and be liable for the duties. 
 Operation of re- 13. Upon the representation of the board, the governor 
 
 gulations how . .f i , i , • n ' i , • • 
 
 suspended. , in couucii may suspend the operation oi any regulation m 
 this chapter for so long a time as may be deemed proper. 
 
 CHAPTEE, 20. 
 
 OF THE EEGULATION OF DISTILLERIES. 
 
 MmXhow*'^' 1. Licenses for distilling intoxicating liquors may be 
 granted. granted by the governor in council, and shall be in the 
 
 form in schedule A, and be signed by the receiver general 
 or liis principal clerk in the revenue department. 
 ft;?™ran'ting^l- ^- '^'^^ annual charges for granting such licenses, shall 
 censes. be determined by the governor in council, according to the 
 
 capacity of the distillery for manufacturing liquors, and 
 such other circumstances as in their judgment ought to 
 affect such annual charge upon each several distillery, 
 tomses"""."^ ^- ^ licenses shall expire on the thirty-first day of 
 March next, after the date thereof; and no license shall bsv 
 
TITLE m.] . REGULATION OP DISTILLERIES. 69 
 
 • 
 
 granted for a less sum for a part of a year than for a whole Chap. 20. 
 year. 
 
 4. Every person to whom a license shall be granted Duties, how 
 shall, before receiving the same, pay down one quarter o^^^^^ 
 the duties, and enter into a bond with two sureties, in the 
 
 form in schedule B. 
 
 5. Where a license shall be granted after the first day of Balance of du- 
 July, the balance of the duties shall be payable in equal pafi '"''' *° ^^ 
 instalments on the quarter days thereafter, ending on the 
 
 first day of the months of October, January and April, 
 respectively, or such of them as may not have been passed, 
 and the bond shall be altered so as to conform-thereto. 
 
 6. Any person so licensed, who shall not intend to renew Notice to be 
 his license, shall give written notice thereof at the excise lot™ be ra-°°° 
 office in Halifax, at least one month previous to the expira- "e^^'^- 
 ration of his license, and in default thereof shall forfeit a 
 
 sum equal to one-fourth of his license duty. 
 
 7. The board of revenue may take possession of all ^o*'''! °f ™Te- 
 liquors belonging to distillers at the expiration of their possession of ii- 
 license, whether the same shall be on their own premises or when.' ^'^'^ 
 elsewhere, and shall store the same in a warehouse, and 
 
 such liquors shall be chargeable with the like duties as if 
 imported, and may be exported under the same regulations. 
 
 8. Any person who shall distil intoxicating liquors, or Forfeiture for 
 sufier it to be done on his premises without license, shall wfthoutfioense' 
 forfeit not less than fifty pounds^nor more than one hundred ^ . 
 
 and fifty pounds. ^--./^-^'--J'^— ^,.. — -»v-^.^- ^f^" 
 
 9. All places fitted for the distilling of liquors for which AUiUioitdistii- 
 a license shall not have been granted, . may be taken pos- keTpossesslon" 
 session of by the board of revenue ; and the board are "evmue*"^'^ "^ 
 empowered to cause search to be made of all premises sus- 
 pected to be used for the purposes of distilling intoxicating 
 
 liquors. 
 
 10. Every distiller shall make a monthly return, under ^®t*^Pl"'"^^/ 
 oath, of all liquors manufactured by him, to the nearest monthV^™* " 
 collector of colonial revenue, under a penalty of not less 
 
 than ten pounds nor more than fifily pounds. ~ 
 
 11. No distiller shall increase the size or e'nlarge the smus not to be 
 number of his stills during his license, without the consent rSig^foensef 
 of the board of revenue, under penalty of forfeiture of his 
 
 license, or of a sum not exceeding one hundred pounds, at 
 the election of the board. 
 
 12. The board of revenue are empowered to make ^all Board of reve- 
 such regulations as they may deem necessary for carrying J^^Stion^*''* 
 out the objects of this chapter, and the prevention of fraud; 
 
 and may afiix such penalties and forfeitures for breach of 
 any such regulations as may be deemed proper. 
 
 13. An addition of thirty per cent, shall be made to the Licenses in- 
 charges now payable for licenses for distilling intoxicating '"'^^^^"^• 
 liquors, from and after the twenty-fourth day of March, in '^^■^^f'^^ 
 the year one thousand eight hundred and fifty-eight. ^^'^' ^ 
 
70 LIGHT HOUSE DUTIES. . [PART I. 
 
 Chap. 21. 14. This chapter shall remain in force until the first day 
 Duration of act. of April, in the year one thousand eight hundred and fifty- 
 ninCj and no longer. 
 
 schedule. 
 
 A. -;?r^;' 
 
 County of , ~' 
 
 License is granted to A. B., of , in the county of 
 
 -, to distil intoxicating liquors, conformably to law, 
 
 in his premises, situate \]iere describe jxirticulariy the situa- 
 Hon of the premises] until the first day of April next. 
 Dated this day of , A. D. 18 — . 
 
 B. 
 Common form, two sureties, with condition as follows : — 
 Whereas, the above bounden A. B. has been licensed to 
 distil intoxicating liquors until the first day of April, and 
 
 has paid the sum of , being one-fourth part of the 
 
 duties payable thereon, and the remaining three-fourth parts 
 
 of such duties, amounting to the sum of , are to be 
 
 paid in three equal instalments, on the first day of the 
 months of July, October and January next respectively. 
 
 . Now the condition of this obligation is such, that if the 
 said A. B. do pay to the receiver general or his principal 
 clerk in the revenue department, such remaining three- 
 fourth part of such duties, at the times so limited for 
 payment thereof, and shall in all respects conform to the 
 provisions of an act passed in the fifteenth year of her 
 majesty's reign, entitled, " an act for regulating distilleries," 
 then this obligation shall become void. 
 Signed, sealed, and delivered, ) 
 in presence .of . j 
 
 . 2-<. - — ___ 
 
 CHAPTER 21. 
 
 OP li'Ght house duties. 
 
 Ligiitdiities on 1. Vessels registered in the province shall on their first 
 se™rhow secu- voyagc pay six pence per tan to the collector of the colonial 
 red. revenxie or other person in that behalf appointed by the 
 
 governor in coipicil, who shall deliver to the master a cer- 
 tificate thereof, which shall exempt the vessel from further 
 payment until the first day of April then next ; and such 
 vessel shall not be cleared at the custom house without 
 production of the certificate ; but new vessels leaving the 
 province on their first voyage and intended for sale shall be 
 
i4^l 
 
 TITLE ni.] LICENSES SALE INTOXICATING LIQUORS. 71 
 
 Qxempted from duty unless they again return ; and new Chap. 22. 
 vessels cleared on their first voyage after the first of Sep- 
 tember shall be exempted from further payment of duty 
 until the first of April next following on payment of one- 
 half the amount of the above duty. 
 
 2. Other vessels coming into the province shall pay, on Light duties on 
 entry, six pence per ton to the collector, or other person °^^^' vessels. 
 appointed as hereinbefore mentioned, who shall grant a cer- 
 tificate thereof which shall exempt them from further duty 
 
 until the first day of April then next. 
 
 3. Vessels passing through the straits of Canso without Light duties oa 
 the certificate hereinbefore mentioned, shall pay six pence through^Oanso 
 per ton ; and a certificate thereof shall be granted which 
 
 shall exempt them from further payment until the first day 
 of April then next. 
 
 4. This chapter shall not extend to vessels or steamers vessels in go- 
 belonging to or in the service or employment of her majes- pioy'^exeLpS. 
 ty's government, excepting steamers not belonging to her 
 
 majesty and carrying mails, which shall pay duty. 
 
 5. The person receivine; the duty shall pay the same Collector's com- 
 
 n • mission 
 
 into the provincial treasury, deducting five per cent, for his 
 commission. 
 
 6. If the master of any vessel liable to duties hereunder Penalty for non- 
 shall refuse to pay or depart without paying the same, he p^^""™'- 
 shall forfeit five pounds ; to be recovered with the duties 
 
 in the name of the officer. 
 
 7. If the master shall not pay the duty when duly seizure author- 
 demaiided, the officer shall seize the vessel and detain her 
 
 until the same, together with the penalty of five pounds, is 
 paid. 
 
 8. This chapter shall remain in force until the first of J^^?^jj''J\?g"™: 
 April one thousand eight hundred and fifty-nine. ■ ler. 
 
 c-«c ; 3fi - y 
 
 ^ el J *ea CHAPTER 22. 
 
 OF LICENSES FOE THE SALE OF INTOXICATING LIQUOES. 
 
 1. The sessions in each county, upon the recommenda- cierts of the 
 tion of. the grand jury, shall annually appoint as many pofatmeut of, 
 clerks of the license as they may think fit, and shall define '''''" 
 the districts within which they shall exercise their authority, 
 and such clerks of the license shall give bonds to her ma- 
 jesty, with such sureties and in such pens^pas the sessions 
 may direct for the faithful performance of^eir duties, and 
 shall be sworn into office ; and such officers shall be ap- 
 pointed although no Hcenses be granted in the county, 
 provided that if the persons so appointed shall die, refuse 
 
 
72 
 
 LICENSES SALE INTOXICATING LIQUORS. fPAET I. 
 
 Chap. 22. 
 
 Incase of death 
 —refusal to act, 
 
 No mtoxioating 
 liquors to be 
 sold without li- 
 cence except in 
 original pack- 
 ages, and in 
 quantities 
 above ten gal- 
 lons. 
 Penalty. 
 
 lAcenses — ^how 
 granted, &o. 
 
 Not to be licen- 
 
 Kinds of. 
 
 Form of. 
 
 Duty for— how 
 fixed, &e. 
 
 Must be paid 
 before li&ence 
 granted. 
 Bond. 
 
 Licenses free 
 of duty. 
 
 Justices of the 
 peace prohibit- 
 ed. 
 
 Kegistry of li- 
 ecnccs. 
 
 to act, remove from the county, or from any other cause' 
 whatever shall be unable to act, a special sessions for the 
 county shall, upon the requisition of any three freeholders 
 addressed to the custos requiring him to call such special 
 sessions, meet and appoint a suitable person to fill such 
 office, subject to the conditions above mentioned. 
 
 2. No intoxicating liquors shall be sold in quantities less 
 than ten gallons, to be delivered at one and the same time, 
 unless in the original package in which imported, or by 
 license, under a penalty of not less than one pound nor 
 more than twenty pounds for every oifence ; and no such 
 liquors shall be sold in the city of Halifax without license, 
 unless in the original packages in which the same are im- 
 ported, and when any intoxicating liquors are imported or 
 sold in bottles contained in casks or cases, such casks or 
 cases shall be considered the original packages. 
 
 3. Licenses may be granted by the sessions upon the 
 recommendation of the grand jury, except in the city of 
 Halifax and the municipality of Yarmouth, where they may 
 be granted agreeably to the acts incorporating those places 
 respectively, but such recommendations may be rejected in 
 whole or in part by the sessions : but no license to sell 
 liquors shall be issued or granted to any person, who now 
 does or hereafter shall keep a brothel, or house of ill 
 fame. 
 
 4. Licenses shall be of the following kinds, viz : tavern 
 licenses and shop licenses, and in the city of Halifax and 
 town of Pictou there may also be granted general licenses 
 to persons holding tavern or shop licenses. 
 
 5. Licenses shall be in the form in schedule A. 
 
 6. The courts of sessions in the various counties, and 
 the city council of Halifax, and the municipality of Yar- 
 mouth, shall fix the amount of duty to be paid for each . 
 class of license, and the fees to be paid to the clerk of 
 license and clerk of the peace for issuing the same, and also 
 the commission to be paid to the clerk of license for col- 
 lecting and paying over such debts. 
 
 7. Every person . to whom a license shall be granted 
 shall, before receiving the same, pay down the whole duties, 
 and. shall also enter into a bond with two sureties in the 
 form in schedule B, which bond shaU be prepared by the 
 clerk of the licenses, and when executed shall be filed with 
 the clerk of the peace.. 
 
 8. Licenses free of duty or upon payment of a less duty 
 than that by law imposed may be granted to persons living 
 on public road^gHttle frequented, to encourage them in 
 keeping publioOTpses for the accommodation of travellers. 
 
 9. No justicS 'of the peace shall hold a tavern or general 
 license. 
 
 10. . The clerk of the peace and clerk of the licenses shall 
 each register in a book, to be kept for that purpose a list of 
 
"JITLE m.] LICENSES SALE INTOXICATING LIQUORS. 73, 
 
 licenses with the dates of such licenses, the names, addi- Ohap. 22. 
 
 tions, and residence of the parties so licensed, and a memo- ■ 
 
 randum of the houses or shops for which such licenses 
 were granted, and a statement of the number of bonds 
 taken and of the amount of duties paid ; and such books 
 shall be exhibited when required to the sessions and grand 
 
 11. If any person holding a tavern license shall not, Tavemikensi— 
 within ten days after obtaining the same, place a sign on mult'puwp'a 
 the tavern with his name thereon, importing that liquors ^'sn- 
 are there to be sold, and that entertainment for man and 
 
 horse can be there had, he shall forfeit a sum not exceeding Penalty, 
 five pounds ; and the neglect to do so for every ten days 
 after every conviction, shall be deemed a fresh offence. 
 
 12. If any person not having a license shall place on Penalty for put- 
 any building or in the neighborhood thereof, any inscription if°possessfng no 
 importing that intoxicating liquors may be had there, he 1'™°"®- 
 shall forfeit a sum not exceeding five pounds ; and every 
 continuation of such inscription for ten days after convic- 
 tion, shall be deemed a fresh offence. 
 
 13. If any person holding a tavern license shall not maintaSn^g"* 
 maintain good order on the premises, or if he shall permit good order— 
 raffling or gambling thereon, or shall on Sunday permit —drinking, &o., 
 persons other than lodgers or persons coming for necessary °" ^"^ '^^^ 
 victualling only, to remain about the premises drinking or 
 
 idly spending their time, or where not holding a general 
 license also shall permit anything other than victuals and Exposing goods 
 drink usually consumed in a tavern to be exposed for sale ^°^ ^ ^' 
 on the premises, or shall not have reasonable aeoommodar Not having 
 tion for travellers and their horses, cattle and conveyances, eomnSStion!" 
 he shall forfeit his license and a sum not exceeding ten 
 pounds for every ofi"ence, in- the discretion of the court 
 before which he shall be convicted. 
 
 14. If any person holding any license shall sell any in- „„ sufi"!"*"^ 
 toxicating liquors on Sundays, except in the ease of tavern 
 keepers, to lodgers on the premises, he shall incur the like 
 forfeiture as mentioned in the last section. 
 
 15. No person holding a shop license only shall sell less ^p [I"^™"" 
 than one gallon of intoxicating liquors, to be delivered at &e. 
 
 one and the same time, or shall suffer any intoxicating 
 liquors to be drunk on the premises where sold, or any such 
 premises to be opened on Sunday, under the same penalty 
 as that mentioned in the thirteenth section. 
 
 16. No person shall recover or be allowed to set off any charges for ii- 
 charge for intoxicating liquors, in any quantity less than rerabie," &c!'°'if 
 one gallon, delivered at one and the saine time ; and all jj,^^"^ °"® ^ai- 
 specialties, bills, notes, or agreements, given in whole or in 
 
 part to secure any such charge shall be void; but nothing Bxeoptiona. 
 herein contained shall extend to any charge made by a 
 person holding a tavern license only against any boarder 
 or travellerv 
 
74 LICENSES SALE IKTOXICATING LIQUOES. ' [PAET 1. 
 
 Chap. 22. 17. If any person holding a tavern license shall purchase 
 jReoeiving from any servant or common laborer any wearing apparel, 
 goods, impie- tools, Or implements of trade or husbandry, or household 
 
 inents of trade, ^^ r. ^ . -, in • i? 
 
 Ac, from ser- goods, or lurniture made up, or shall receive irom any per- 
 pawn! *"■'"'" son any goods in pawn, any justice of the peace upon 
 sufficient proof on oath of the fact, may issue his warrant 
 Penalty-form for restitution of the property and for payment of the costs ; 
 ofprocoeding. ^^^ -^ default thereof for levy and sale of the offenders 
 goods for double the value of the property and costs ; and 
 the offenders shall also be liable to a penalty of forty shil- 
 lings. 
 Si*ed^wom"n l^- Married women and servants concerned in any 
 or servants fpr breach of this act shall be liable to the penalty thereto 
 
 breach of act. ,,i- -f ,^ • -t ■ ■ ^ 
 
 attaching as if they were unmarried women or principals,. 
 
 Proviso. provided the husbands or masters shall not have been pro- 
 
 secuted for the same offence, and upon any conviction of a 
 married woman or servant under this section, the husband 
 or master shall not be afterwards sued for the same 
 offence. 
 
 cierkof the li- i 19 The clei'k of the licenses may, whenever he sees fit, 
 
 censes may visit . ., ,, . „ 1 ij- "^'x T j. 
 
 iiremises. ^ visit the premises 01 persons holding tavern licenses to see 
 that the provisions of this act are complied with, and, he 
 shall i)rosecute all offenders ag-ainst such provisions, and if 
 ^tructTn^'him'^' ^'^•^ person shall obstruct him in the exercise of his duty he 
 shall forfeit the sum of five pounds, and may also be indict- 
 ed for a misdemeanor and fined and imprisoned in the dis- 
 cretion of the court, 
 ^^ooounts^of the 20. The clerks of the licenses, except in the city of 
 rendered, &c. Halifax, shall render a half yearly account to the county 
 treasurer of all duties collected and of all penalties or por- 
 tions thereof payable into the county treasury which may 
 have come into their hands, together with a statement of 
 all judgments obtained for penalties so far as the same shall 
 Licence duties ^avo come to their knowledge and which may be unsatis- 
 — penalties, &c. fied ; and shall immediately on the receipt of any license 
 to whom paid, (j^^jgg^ penalties, or portions of penalties, pay the same over 
 
 to. the county treasurer, deducting the commission. 
 reSfvlS, &c!^ '^^- I'enalties under this chapter maybe recovered in 
 the name of any of the clerks of the licenses in their 
 respective districts, or of any other person who will sue 
 therefor, in the same manner and with the like costs as if 
 they were private debts, except that the summons shall be 
 mo™-?oonvTo"- i'^ ^he form in schedule C, and upon conviction, such con- 
 tion, &a. viction shall be endorsed upon or annexed to the original' 
 
 summons in the form of schedule D, and the saihe when 
 signed by the- justices shall be held a valid conviction, and 
 Prosecutor or upon the trial of any cause under this chapter, either the 
 be wtae°s."*^ prosecutor or the defendant, if he desire it, or at the in- 
 stance and request of the other party, may be examined as 
 Proviso. a witness, provided that when the prosecutor without being 
 
TITLE III.] LICENSES SALE INTOXICATING LIQUORS. 75 
 
 called by the other party appears as a witness he shall not Chap. 22. 
 
 retain any part of the penalty, but the whole shall be paid 
 
 over as directed in the next section. 
 
 22. Penalties, under this chapter, except as provided in Penaitics-dis- 
 tlie preceding section, shall be paid one half to the person ^'"™^ "^' 
 sueingj and the other half into the county treasury, except Exceptions, 
 in the cases of Halifax and Yarmouth, where the same shall 
 
 be paid to the officers now by law authorized to receive 
 such moneys. 
 
 23. Appeals from the decisions of the justices for any Appeals, how 
 penalty or forfeiture incurred under this chapter, shall be ^™"'''"^- 
 granted in the same manner as in the case of summary trials ^o^^™ "*'' '^''• 
 before justices of the peace, and the defendant shall become Appeal bond, 
 bound with two sufficient securities in a sum double the 
 amount of the judgment to prosecute such appeal, and to pay 
 
 all costs, fines and penalties, that may be imposed and taxed 
 on the final disposition of the suit, and also that during the 
 pendency of the appeal he or she will not violate any of the 
 provisions of this chapter ; and, in the case of certiorari, in case of eer 
 instead of the bail required in such case, the same boii'd '°''''""' 
 shall be given as in ordinary appeals, and in case of grant- in oaae of now 
 ing a new trial the court may impose such terms on either ''''°'^' 
 party as may best promote the ends of justice. v 
 
 24. The bond to be given on such appeal- or on issuing Form of bond. 
 a writ of certiorari, shall be in the same form as that in 
 schedule B. 
 
 25. If any person subpoenaed as a witness in any suit or Penalty in case 
 iprosecution und-er this chapter shall not attend at the time anoe, ie., of 
 and place mentioned in the subpoena, without just cause to ^'''''^'^^^''^• 
 
 be allowed by the court or justices before whom the suit 
 
 or prosecution shall be had, or having attended shall depart 
 
 without permission of the court or justices, or shall refuse 
 
 to be sworn or give evidence on the trial, he shall forfeit a 
 
 sum not exceeding ten pounds, to be levied by warrant of How levied. 
 
 distress from the court or justices on the offenders goods, 
 
 and for want of such distress such-person shall be committed 
 
 to gaol for a period not exceeding three months, or until the 
 
 amount be paid; but no person shall be obliged to attend Must be paid 
 
 or give evidence on any such trial until he shall have been 
 
 paid'his fees for travel and attendance. 
 
 26. In suits instituted by the clerk of the licenses, where ^"f^^'^^ja" ^ 
 the justice before whom the trial is had shall give judg- if justice oei-ti- 
 ment for the prosecution, or if he give judgment for the ^as*a^*easoi^ 
 defendant, shall certify there was reasonable ground fo'r-^biejromid for 
 commencing the suit, the prosecutor shall be fully indemni- 
 fied for all costs and expenses on both sides, to be taxed by 
 
 a judge of the supreme court, and to be levied by assess- 
 ment or amercement on the county. 
 
 27. I No judgment shall be withheld on account of vari- J:^li^°^y.^i 
 ance between the proof and the summons, if it appears to and summons 
 the satisfaction of the justice trying the cause that the jlidgme^ut!" 
 
76 LICENSES SALE INTOXICATING LIQUORS. [PART I. 
 
 Chap. 22. defendant was aware of the real cause of complaint ; but if 
 Justice may the justice see fit for this cause he may continue the trial 
 continue cause, foj. another day, and no judgment shall be set aside for any 
 
 variance, or from any formal objection. 
 Sale by wife, 28. Any Sale of" intoxicating liquors made on the pre- 
 vant. mises of any person, by the wife, child, or servant oi sucn 
 
 person, shall be considered presumptively as the act of the 
 husband, parent or master, and shall be punished in the 
 same way as if such sale had been made by such husband, 
 parent or master, in person, and the burthen of proof of 
 innocence shall be thrown on such husband, parent, or 
 master. 
 Mail carrier not 29. No mail Carrier shall knowingly carry in the same 
 to carry lictuor. -y^raggon or veMcle with her majesty's mails any intoxicating 
 liquors, under a penalty of not less than twenty shillings, 
 nor more than five pounds, for each offence. 
 Sale to a minor. 30. Any person holding a license' who shall knowingly 
 sell intoxicating liquor to a minor, upon proof thereof be- 
 fore a justice of the peace, shall forfeit his license, and 
 shall not again be capable of holding a license. 
 Penalty forseii- 31. If the husbaud, wife, parent, child, brother or sister, 
 atf *porsoM^af- master, guardian, or creditor of any person addicted to the 
 ter notice. intemperate usc of intoxicating liquors, or any justice of 
 the peace or overseer of the poor residing within the poor 
 district wherein such intemperate person resides, shall give 
 notice in writing to any person engaged in the sale of in- 
 toxicating liquors that such person is addicted to the 
 intemperate use of intoxicating liquors, it shall not there- 
 after be lawful, under any pretence whatever, for the person- 
 receiving such notice by himself, his servants or agents, 
 directly or indirectly, to sell or give any intoxicating liquors" 
 to such intemperate persons to be used on the premises, or 
 in any quantity less than ten gallons, to be delivered and 
 removed from the premises at one time, and any person 
 knowingly violating the provisions of this section, upon 
 proof of the truth of the statement contained in such 
 notice, shall be liable to a fine of not more than five pounds 
 for a first offence, and a fine of not less than five pounds, 
 nor more than ten pounds, and imprisonment for a period 
 of not more than thirty days, as the court or justices may 
 direct, for a second or subsequent offence, 
 statement that 32. In any suit instituted for a breach of the provisions 
 not in'^origi^ai of this chapter, it shall not be necessary to state in the sum- 
 SotneSafryin mons that the liquor sold was not contained in the original 
 summons. package in which it was imported, or that the same was sold 
 without license or in quantities less than ten gallons ; but 
 the defendant, if claiming to be exempted by the operation 
 Maybesetupas of such exceptions, may set up the same as ar defence, in 
 a defence. -(^^ich case the burthen of proof shall be thrown upon such 
 No particulars defendant, and it shall not be necessary to attach particulars 
 required. ^q ^j^q summons as in the case of ordinary civil suits, or to 
 
TITLE III.] LICENSES SALE INTOXICATING LIQUORS. 77 
 
 specify the particular kind of liquors sold ; but in all cases Chap. 22. 
 it shall be sufficient in the summons to charge the party " 
 
 accused with having sold intoxicating liquors contrary to 
 law. 
 
 33. In any such suit, in case it shall be alleged in the incase of proof 
 summons that the sale complained of was made to a person sons not named 
 therein named, and on-the trial the prosecutor shall fail to suit nXdefeat- 
 prove such charge, but proof shall be given of a sale to ^'^■ 
 another person, the suit shall not thereby be defeated, but 
 
 the justices shall adjudicate upon the offence so proved as 
 if the same had been alleged in the summons, but- in such 
 case the defendant upon application shall be entitled to a J^^conttauanw! 
 continuance of not more than eight days to make his de- 
 fence, and the prosecutor shall not be obliged again to 
 prove his case, although if he choose he may bring addi- 
 tional proof in support of the prosecution, as well as proof 
 to rebut the defence. 
 
 34. No person imprisoned under execution issued upon fo®n|™no'"fni;" 
 any judgment for a breach of this chapter, shall be entitled titled to jaii 
 to jail limits or to the benefit of chapter 137, " of the relief b™efii of'cap. 
 of insolvent debtors," until he shall have been imprisoned, ^^''• 
 
 if for the first ofience twenty-five days ; for the second 
 offence thirty-five days, and for the third offence forty-five 
 days. 
 
 35,. Prosecutions for offences against this chapter, or ^^j'^*g^'"° °^ 
 suits brought on any appeal bond, shall be commenced 
 within six months, and the clerk of the peace or any pri- , ^. , 
 
 . ',. ,. ^ , iiT Action on ap- 
 
 vate .prosecutor may brmg an action on such appeal bond, peaibond. 
 without special leave obtained therefor. 
 
 36. In case the constable or officer to whom a summons service of sum- 
 is delivered to be served, shall not be able to affect a per- mffloient.'^ 
 sonal service, it shall be a sufficient service of the same to 
 leave it at the dwelling house of the defendant,, provided Proviso. 
 that the officer makes an affidavit that he believes that the 
 defendant concealed himself, or in any way endeavored to 
 escape service of such summons. 
 
 * SCHEDULE. 
 
 A. 
 
 County of 
 
 License office. Tavern License. 
 
 License is hereby granted to , of , in the 
 
 county of ■- — , to sell and retail in a tavern, to be kept 
 
 in the house in which he dwells, situate [here describe par- 
 ticularly the situation of the premises,'] intoxicating liquors 
 conformably to law. 
 
 This license to remain in force until the end of the next 
 sessions to be held in such county, subject to for- 
 feiture for breach of the law. 
 
78 LICENSES SALE INTOXICATING LIQUORS. [PART I. 
 
 Chap. 22.- Given under my hand as clerk of the licenses for the said 
 
 county, this day of , A. D. 18 — . 
 
 A. B., 'clerk of the licenses. 
 By order of the sessions, security having been given as 
 required by law. 
 
 C. D., clerk of the peace. 
 
 County of 
 
 License office. Shop license. 
 
 License is hereby granted to , of , in the 
 
 county pf , to sell in a shop to be kept in the build- 
 ing occupfed by him, situate [here describe particularly the. 
 situation of the premises^ intoxicating liquors in quantities 
 not less than one gallon, but no part whereof shall be con- 
 sumed on the premises. 
 
 This hcense to remain in force until the end of the next 
 sessions, to be held in such county, subject to for- 
 feiture for breach of the law. 
 
 Given under my hand as clerk of the licenses for the said 
 
 county this day of , A. D. 18 — . 
 
 A. B., clerk of the licences. 
 
 By order of the sessions, security having been given 
 according to law. 
 
 C. D., clerk of the peace. 
 
 County of — 
 
 License office. General license. 
 
 "Whereas a tavern license dated the day of 
 
 in the year 18 — , has been granted unto ■ of - 
 
 in the county of ; and whereas the sessions for such 
 
 county have also ordered a general license to be granted to 
 
 the said , license is hereby granted to bim to vend 
 
 goods in his tavern during the continuance of his tavern 
 license. 
 
 Given under my hand as clerk of the licenses for the said 
 
 county, this ■ — ■ — day of , A. D. 18 — . 
 
 A. B., clerk of*the licenses. 
 
 By order of the sessions. 
 
 C. D., clerk of the peace. 
 
 County of 
 
 License office. General license. 
 
 Whereas a shop license dated the day of , 
 
 A. D. 18 — , has been granted unto , of , in the 
 
 county of ; and whereas the sessions for such county 
 
 have also ordered a general license to be granted to the 
 
 said , license is hereby granted to him during the 
 
 continuance of his shop license, to sell by retail any quan- 
 tity ol intoxicating liquors, to be used in the shop in such 
 shop license described. 
 
titlt; m.] licenes sale intoxicating liquors. 79 
 
 Given under my hand as clerk of licenses for said county. Chap 22 
 
 this day of , A. D. 18— . — - 
 
 A. B., clerk of licenses. 
 
 Bv order of the sessions. 
 
 CD., clerk of the peace. 
 
 B. 
 
 Know all men by these presents that we, 
 
 . are held and firmly bound unto our sovereign lady queen 
 Victoria, her heirs and sucessors, in the sum of fifty peunds 
 of lawful money of Nova Scotia, to which payment we 
 jointly and severally bind ourselves, our heirs, executors 
 and administrators, by these presents, sealed with our seals, 
 and dated the day of ^ — , A. D. 18 — -. 
 
 Whereas the above bounden , has been granted a 
 
 license for the sale by retail of intoxicating liquors in the 
 
 tavern [or in the shop] kept by the said , in . 
 
 Now the condition of this obligation is such, that if the said 
 
 shall in all respects conform to the laws in force 
 
 respecting the retail of intoxicating liquors and connected 
 with such license, then this obligation to be void, otherwise 
 to remain in full force and effect. 
 
 Signed, sealed and deli- ] 
 vered in the presence V (L. S.) 
 
 of . j 
 
 To any of the constables of 
 
 You are hereby commanded to summon A. B. of , 
 
 in the county of ■ , to appear before us at , on 
 
 the day of , to answer to the suit of C. D., clerk 
 
 of the license for the county of , [if the suit ie 
 
 brought in his name,] for selling intoxicating liquors to 
 
 within previous to the issuing hereof, contrary to 
 
 law. 
 
 . Witness our hands and seals at , the day of 
 
 -, A. D. 18—. 
 
 E. F., J. P. (L. S.) 
 G. H., J. P. (L. S.) 
 
 D. 
 
 The within named defendant having been duly summoned 
 as mentioned in the annexed writ of summons, was this day 
 convicted of the offence of violating the license laws, by 
 
 selling intoxicating liquors without license to upon 
 
 his own confession, [or upon default, or upon the oath of Q. 
 H., as the case may ie, stating the manner of the party's co7i- 
 viction, and the names of the witnesses who may have been exa- 
 mined.] 
 
 Witness our hands this day of , A. D., 18 — . 
 
 C. D., J. P. 
 E. F., J. P. 
 
80 POST OFFICE. [PAET I. 
 
 Chap. 23. ' E. 
 
 Know all men by these presents that we 
 
 and are held and firmly bound unto her majesty 
 
 queen Victoria, her hiers and succfessors, in the sum of 
 
 pounds, of lawful money of Nova Scotia, to which payment 
 we jointly and severally bind ourselves, our hiers, executors, 
 and administrators, by these presents. Sealed with our 
 seals, and dated the day of , A. D., 18- — . 
 
 The condition of the foregoing obligation is such, that if 
 the above bounden {^joartp convicted] shall prosecute an ap- 
 peal from the judgment given against him for a violation of 
 the license laws by — -^ — a justice [or Justices'] of the peace 
 
 for the county of- , on the day of , and 
 
 shall pay aU fines, penalties and costs, that may be awarded 
 against him upon the final disposition of such suit ; and also 
 if the said shall not, during the pendency of such ap- 
 peal, violate any provisions of the laws respecting licences 
 for the sale of intoxicating liquors, then this obligation to 
 be void, otherwise to remain in full force and virtue. 
 
 Signed, sealed and deli- ) 
 vered in the presence >- (L. S.) 
 
 of . ) 
 
 TITLE lY. 
 
 CHAPTER 23. 
 
 OF THE POST OFFICE. 
 
 Thegorernorin 1. The exclusivc right of establishing posts, and of con- 
 
 ooSti"! of thJ^ veying and delivering letters and collecting postage within 
 
 poat office. the province, and the power and authority heretofore vested 
 
 in the lords of her majesty's treasury by virtue of the acts 
 
 of the imperial parliament passed in such behalf to order 
 
 and establish rates of postage herein, are hereby vested in 
 
 the governor and council. 
 
 2?unlumaTap°- 2- The governor in council may establish, alter, discon- 
 
 ff^uoSLh *^""'® °^ extend any posts or post communication, or post 
 
 posts. offices, and may appoint, suspend or remove the postmaster 
 
 general, and ■ all or any postmasters, officers, deputies, 
 
 agents and servants coneoted therewith. 
 
 neraTInd de^ ^' '^'^^ postmaster general shall give bond in the sum of 
 
 ?: 
 
 uties to giTe One thousand pounds, with two sureties in the sum of five 
 onda. hundred pounds each ; and deputy postmasters shall give 
 
 bond in such sum and with such sureties as may be directed 
 
 by the governor in council. 
 
TITLE IV.] POST OFFICE. 81 
 
 4. The governor in council may make such orders in Chap. 23. 
 conformity with this chapter as may be necessary for carry- GoTsmor in 
 ing out the same and promotine: the objects thereof, and for council empow- 
 avoidmg as lar as practicable the transmission ol mails on orders. 
 
 the sabbath, and all such orders shall be valid as if in this 
 chapter contained ; but no higher penalty than one hundred 
 pounds shall be imposed by any such order in council for 
 the violation thereof. 
 
 5. Every such order in council shall be published in the Orders to be 
 royal gazette and the rates of postage then established fazettef'and 
 shall be demanded and taken immediately after such publi- jeiisiature 
 cation ; and every such order, within eight days after it is ° 
 made, shall be laid before the legislature if then sitting, or 
 otherwise within fourteen days after it shall meet. 
 
 6. In conformity with the agreements jnade between the Rates of post- 
 local governments of British North America, the provincial ifted!""' '^°^^" 
 postage on letters and packets, not being newspapers or 
 
 printed pamphlets, magazines or books, entitled to pass at 
 the lower rates hereinafter referred to, shall not exceed the 
 rate of three pence currency per half ounce for any dis- 
 tance within the province ; and the increase of charge on 
 letters weighing over half an ounce shall be regulated 
 according to the British rule and scale of weights. No transit 
 postage shall be charged on any letter or packet passing 
 through the province tp any other colony in British North 
 America unless it be posted in this province and the sender 
 choose to prepay it, nor any letter nor packet from any 
 such colony if prepaid there ; and the rate of two pence 
 sterling the half ounce shall remain in operation as regards 
 letters by British mails, to be extended to countries having 
 postal communication with the United Kingdom, unless her 
 majesty's government shall see fit to alter the rate thereon 
 to be charged to three pence currency. 
 
 7. The prepayment of provincial postage shall be option- Prepaymentop- 
 al to the sender. 
 
 8. All provincial postage received within this province Postage retain- 
 shall be retained as belonging to it ; and all provincial post- TedT'^^™ "'^'' 
 ■age received within any other of the British North Ameri- 
 can colonies may be retained as belonging. to such colony. 
 
 9. The British packet postage and other British postage British and 
 collected in this province, shall be accoTinted for and paid Eowdisposedot 
 over to the proper authorities in the United Kingdom; but 
 
 the colonial postage on the same letters or packets shall 
 belong to the colony collecting it ; or if prepaid to the 
 ^British post office, it shall be credited and belong to the 
 colony to which such letters or packets are addressed. 
 
 10. No privilege of franking shall be allowed as regards Franking aboi- 
 provincial postagOi '* ^ " 
 
 11. Provincial stamps for the prepayment of postage stamps provi- 
 may be prepared, issued and sold, under the orders of the 
 governor in council ; and such stamps prepared, issued and 
 
82 POST OFFICE. [PART I. 
 
 Chap. 23. sold, under the direction of the proper authorities in the 
 
 ~ — other British North American colonies, shall be allowed in 
 
 this province ae evidence of the prepayment of provincial 
 postage in such colonies respectively on the letters or 
 packets to which they are affixed. 
 Newspaperpos- 12. All newspapers, whether published in this province 
 tage abolished. ^^ ygg^here, shall pass through the post offices in this pro- 
 vince free of charge. 
 Booiisandpam- 13. Printed books, periodical publications and pamph- 
 SnJreaSedf lets, may be transmitted by post within this province at the 
 rate of two pence per ounce up to six ounces m weight, 
 and three pence for each additional ounce up to sixteen 
 ounces, beyond which weight no printed books, puMication 
 or pamphlet shall be transmitted by post ; but the governor 
 in. council may, by order, alter, modify and reduce the rates 
 of postage on such printed books, periodical publications or 
 pamphlets. 
 Packet postage 14. The packet postage for letters shall be one shilling 
 IppMtionel s.terling the half ounce, ten pence of which shall belong to 
 the English post office, and two pence to the Nova Scotia 
 office. 
 Pacicet postage 15. All Hionies received on account of packet postage 
 Fyl'^ot'her'post: to and from the United Kingdom shall be carried to a separ- 
 age tiuarteriy. ate account by the postmaster- general, and the same shaH 
 be remitted by the governor not less than twice in every 
 year to the postmaster general in England ; and all other 
 monies received by the postmaster general in this province 
 shall be paid by him at the end of every quarter to the 
 receiver general ; and he shall also return to the office of 
 the financial secretary, at the end of every quarter, a quar- 
 terly account of the whole revenue received by him. 
 Express mails; 16- The rate of remuneration for the transport of British 
 expense of to be' mails by cxprcss through this province to or from New 
 ment.""* "^'^^ Brunswick, Canada and Prince Edward Island shall be paid 
 from time to time by agreement to be made between the 
 government of this province and the other provinces or 
 governments concerned. 
 
 Agreementmay 1"^- If it shaU appear to the local governments or pro- 
 be modified, per authorities of the other provinces and of the United 
 Kingdom, and to the governor in council, that the foregoing 
 conditions and provisions are not in accordance with the 
 arrangements so made or agreed upon with the other 
 colonies, then the governor in council may alter and modify 
 such conditions and provisions so as to carry out and com- 
 plete such arrangement. 
 Government or 18. All papers Ordered to be printed by either house of 
 printed pa^er^ parliament or by her majesty's command, or by the legisla- 
 ti'oe of postage, ^jyg council ov houseof assembly of this province, or by 
 virtue of an address of the legislative council or assembly, 
 shall be transmitted by post within this province free, of 
 postage. 
 
TITLE IV.] POST OFFICE. 83 
 
 19. No printed paper, whether newspaper, book, pamph- Chap. 23, 
 let, or other paper, permitted by this chapter to be sent by conditions to be 
 post, shall be transmitted either free or at a reduced rate of observed in for- 
 postage unless the following conditions shall be observed : tedVap^eS'"^' 
 first, — it shall be sent without a cover, or in a cover open 
 
 at the sides or ends ; second, — there shall be no words or 
 communication printed on the paper after its publication, 
 or upon the cover thereof, nor any writing or marks upon 
 it, or upon the cover of it, except the name and address of 
 the sender, and of the person to whom it is sent ; third, — 
 there shall be no paper or thing enclosed in or with any 
 such paper or publication. 
 
 20. The postmaster general or any of his officers may J^e'ter postage 
 examine any printed paper or packet which shall be sent by condluonsVot 
 the post, either without or with a cover, open at the sides '^o^piifi'iwith. 
 or ends, in order to discover whether it is contrary in any 
 
 respect to the conditions hereby required to be observed ; 
 and in any case if the required conditions be not fulfilled, 
 the whole of every such paper shall be charged with postage 
 as a letter ; and as to every such printed paper going out of 
 the province, the postmaster general may either detain the 
 same or forward it by post charged with letter postage. 
 
 21. In all cases where a question shall arise whether a Questions of , 
 printed paper is entitled to the privileges of a newspaper fedplper^fhow 
 or other publication as regards its transmission by post ^^''^°-^°- 
 under this chapter, the question shall be referred to the 
 postmaster general, whose decision, with the concurrence 
 
 of the governor in council, shall be final. 
 
 22. If any printed newspaper or other printed paper Removal ofpar- 
 privileged to go by post and brought into this province for forwarding 
 shall be directed to a person who shall have removed from gSoases? '" 
 the place to which it is directed before the delivery thereof 
 
 at that place, it may, provided it shall not have been opened, 
 be redirected and forwarded by post to such person at any 
 other- place within this province free of charge for such 
 extra conveyance ; but if such newspaper or other printed 
 paper shall have been opened, it shall be charged with the 
 rate of a single letter from thB place of redirection to the 
 place at which it shall be ultimately delivered. 
 
 23. For encouraging masters of vessels, not being post ship postage at 
 
 m 1 J. X 1 J. 1 j.1. p 1 ix 1, lowed masters 
 
 onice packets, to undertake the conveyance oi letters be- of private ves- 
 tween places beyond the British North American colonies 0^6™°°"^*™ 
 and this province, and for regulating the conveyance and 
 deHvering-of such letters, the postmaster general may 
 allow to the masters one penny half-penny for eaeh letter 
 they shall deliver to the po^t office at the' first port they 
 touch or arrive at in this province, or with which they shall 
 communicate when inward bound ; and if from unforseen 
 circumstances the master cannot, upon delivering his let^ 
 ters at an outport, receive the money to which he is entitled, 
 he shall be paid by means of an order on the postmaster 
 6 
 
8,4 POST OFFICE. [PAET I. 
 
 Chap. 23. general at such other place as may be convenient ; and 
 every master of a yessel inward bound shall, at the port or 
 place of arrival, sign a declaration in the presence of the 
 person authorized to take the same at such port or place, 
 who shall also sigti the same,' and the declaration shall be in 
 the form or to the effect following : 
 
 " I, A, B., commander [state the name of the ship or vessel], 
 arrived from [state the place], do, as required by the post 
 office laws, solemnly declare that I have, to the best of my 
 knowledge and belief, delivered, or caused to be delivered, 
 at the post office, every letter, letter bag, package or parcel 
 of letters that was on board the [state the name of the ship] 
 except such letters as are exempted by such laws." 
 Skip letters i 24. No officer of the colonial revenue shall permit such 
 Sow securedf^' vessel to enter or report until such declaration shall be 
 made and produced, and no vessel shall be permitted to 
 break bulk or make entry in this province until all letters 
 on board the same shall be delivered at the post office, 
 where posts may be established, except such letters as are 
 exempted by this chapter, and also except all such letters 
 as shall be brought by a vessel liable to the performance of 
 quarantine, all which last mentioned letters shall be deli- 
 vered by the persons having possession thereof to the 
 persons appointed to superintend the quarantine, that all 
 proper precautions may be by them taken before the 
 delivery thereof; and when due care has been had therein*, 
 such letters shall be by them despatched in the usual man- 
 ner by post, and the officers of the colonial revenue at 
 every port or place in this province shall search every ves- 
 sel for letters which may be on board contrary to this 
 chapter, and may seize all such letters and forward them to 
 the nearest post office, and the officer who shall so seize 
 and send them shall be entitled to a moiety of the penalties 
 which may be recovered for any such offence ; and the 
 postmaster general may appoint agents to demand from the 
 masters of vessels arriving in .this province all letters on 
 board the same and not exempted by this chapter ; and the 
 master of any such vessel shall forthwith deliver all letters 
 on board to such person on his demanding the same. 
 Wayoffices,how 25. The postmaster general, with the approbation of 
 the governor in council, may establish way offices over and 
 above the regular post offices, and every person employed 
 at a way office shall be liable to all the penalties imposed 
 by this chapter on postmasters and other officers of the 
 post office. 
 Extension of 26. The postmaster general, with the Concurrence of the 
 S^^onThow" governor in council, may enter into an agreement with, and 
 providedfor. take Security from, any person applying to him to extend 
 the accommodations of the post to any place, for indemni- 
 fying the revenue against the expenses which shall be in- 
 curred thereby beyond the amount of, postages received. 
 
TITLE IV.] rOST OFFICE. 35 
 
 ' 27. The governor in council may enter into arrange- Chap. 23. 
 ments or conventional agreements with any other of the coioniaiandfo- 
 North American colonies, or with any foreign country, for >eign newspa- 
 
 ,, , . . J" 1 ■ 1 i- ". ° ■ ii pers; transmis- 
 
 the transmission oi colonial or toreign newspapers, or other sion of how pro- 
 printed papers within or through this province upon such ^' ^ ^'"'' 
 terms and conditions as shall be reas'onable, and may carry 
 out such arrangements or conventional agreements by 
 orders in council duly published as herein directed. 
 
 28. The postage marks, whether British, foreign, or colo- l"?^^^^ marks; 
 nial, on any' letter brought into this province, shall in all 
 
 courts of justice, and elsewhere, be received as conclusive 
 evidence of the amount of British, foreign, or colonial 
 postage, payable in respect of such letter, in addition to 
 any other postage chargeable thereon, and all such postage 
 shall be recoverable in this province as postage due to her 
 majesty. 
 
 29. No postmaster general nor any officer of the post "(ffrom^ ubiil" 
 office throughout the province, nor any courier, shall be duty, 
 compelled to serve on any jury or inquest, or in the militia, 
 
 or as a town or city officer. 
 
 30. If any person employed to convey or deliver a post Misconduct, 
 
 "^ iio"w Tiiimsliptl 
 
 letter-bag or a post letter, shall, whilst so employed, or 
 whilst the same be in his custody or possession, leave a 
 post letter-bag or a post letter, or if anj' such person shall 
 be guilty of aiinact of drunkenness or of negligence, or other 
 misconduct, whereby the safety of a post letter-bag or a 
 post letter shall be endangered, or shall collect, receive, 
 convey or deliver a letter otherwise than in the ordinary 
 course of the post, or shall give any false information of an 
 attempt at robbery upon him, or shall loiter on the road or 
 passage, or wilfully mis-spend his time so as to delay the 
 progress or arrival of a post letter-bag, or a post letter, 
 or shall not use proper care and diligence safely to convey 
 a post letter-bag or a post letter at the rate of speed ap- 
 pointed by and according to the regulations of the post • 
 office for the time being, he shall forfeit ten pounds. 
 
 31. No person in the employ of the post office, travel- Ferriage free. 
 ling with a mail, shall pay for passing or repassing a ferry; 
 
 but the ferryman at every such ferry shall forthwith convey 
 over such person travelling with a mail without payment for 
 the same on pain of forfeiting for every offence five pounds. 
 
 32. Whoever shall abet or procure the commission of an Abettors of of- , 
 
 re 1 • T • 1 j_i • 1 J. -Ill fences punished 
 
 oiience which is by this chapter punishable on summary as principals. 
 conviction, shall be liable to the same forfeiture or punish- 
 ment to which a principal offender is by this chapter made 
 liable. 
 
 ■ 33. Siibject always to the provisions and regulations ^f^|r^'(['jf„ir 
 hereinbefore contained, the postmaster general shall have by mail-, eieep 
 the exclusive privilege of conveying, receiving, collecting, "'°^' 
 sending and delivering letters within this i^rovince ; and any 
 ^•"■rson who shall, except in the cases hereinafter excepted, 
 
86 POST OFricE. [part i. 
 
 Chap. 23. collect, send, convey or deliver, or undertake to convey or 
 deliver any letter within this province, or who shall receive 
 or have in his possession any letter for the purpose of con- 
 veying or delivering it otherwise than in conformity with 
 this chapter, shall for every letter so unlawfully conveyed 
 or undertaken to be conveyed, received, delivered or found 
 in his possession, incur a penalty of five shillings, but such 
 exclusive privilege, prohibition and penalty shall not apply 
 to— 
 
 Letters sent by private individuals to be mailed in the first 
 way or post office : 
 
 Letters sent by a messenger on purpose, concerning the 
 private afiairs of the sender or receiver : 
 
 Letters addressed to a place out of the province and sent 
 by sea and by a private vessel not being a packet boat : 
 
 Letters lawfully brought into this province and immedi- 
 ately posted at the nearest post office : 
 
 Letters of merchants owners of merchant vessels, or of the 
 cargo, or loading therein, sent by such vessels or by any 
 person employed by such owners for the carriage of such 
 letters according to their respective addresses, and delivered 
 to the persons to whom they are respectively addressed, 
 without pay or advantage for so doing : 
 
 Letters concerning goods sent by common known car- 
 riers to be delivered with the goods to which such letters 
 relate, without reward or advantage for receiving or de- 
 livering them : 
 
 Provided that nothing herein contained shall authorise 
 any person to collect any such excepted letters for the pur- 
 pose of conveying or sending them as hereinbefore men- 
 tioned, and that way letters prepaid may be delivered by the 
 officer to the courier to be dropped along the route at con- 
 venient places ; and provided also, that nothing in this 
 chapter shall oblige any person to send any pamphlet, 
 . printed book or newspaper by post. 
 Letterssent 34. It shall be lawfal for any person, and it shall be the 
 
 by SairseizT duty of the officer or person employed in the post office, or 
 in the collection of the revenue, to seize any letters con- 
 veyed, received, collected, sent or delivered in contraven- 
 tion of this chapter, and to take them to the nearest post 
 office, and to give such information as he may be able to 
 give to the postmaster for the effectual prosecution of the 
 offender ; and the letters moreover shall be charged with 
 letter postage. 
 wtfoSFanZto ^^" -^^ ^^^^ *^® colonial, British or foreign, as the pro- 
 vrbom payable, vincial postage. On any letter or packet, shall, if not prepaid, 
 be payable to the postmaster general by the party to whom 
 the same shall be addressed, or who may lawfully receive 
 such letter or packet ; and any refusal or neglect to pay 
 such postage shall* be held to be a refusal to receive such 
 letter or packet, which shall be detained and dealt with 
 
TITLE rv.] POST OFFICE. 87 
 
 accordingly; but if the same be delivered, the .postage on Chap. 23. 
 
 it shall be charged against and paid by the postmaster 
 
 delivering it, saving his right to recover it from the party 
 by whom it was due as money paid for such party. . And if 
 any letter or packet be refused, or if the party to whom it 
 is addressed cannot be found, then such postage shall be 
 recoverable by the postmaster general from the sender of 
 such letter or packet; and the postage marked on any 
 letter or packet shall be held to be the true postage due 
 thereon, and the party signing or addressing it shall be 
 held to be tke sender until the contrary be shewn ; and all 
 postage may be recovered with costs by civil action in any 
 court having jurisdiction to the amount. 
 
 36. Subject to the provisions of this chapter and to the Powers and du- 
 orders made under it, and the instructions he may receive mMta-^geoeraL 
 from the governor, the postmaster shall have power to open 
 
 and close post offices and mail routes, to suspend any post- 
 master or other office^ or servant of the department, until 
 the pleasure of the governor be known, and to appoint a 
 person to act in the meantime in the place of such officer 
 or servant ; to enter into and enforce all contracts relating 
 to the conveyance of the mail, the local accommodation 
 of the department and other matters connected with the 
 business thereof, and to make rules and orders for the 
 conduct of and management of the, business and affairs of 
 the department and for the guidance and government of the 
 officers and servants thereof in the performance of their 
 duties ; to sue for all sums due for postages or penalties 
 Tinder this chapter, or by any postmaster, officer or servant 
 of the department, or his sureties ; and all such powers 
 maybe lawfully exercised by him, or by any postmaster, 
 officer, servant or party whom he shall depute to exercise 
 the same, or whose act in that behalf he shall approve, con- 
 firm or adopt ; and every officer, servant or party, employ- 
 ed in the post office shall, as regards the duties attached to 
 the office held by him, be deemed the deputy of such post- 
 master general And all suits, proceedings, contracts and 
 official acts to be brought, had, entered into and done by the 
 postmaster general, may be so in and by his name of office, 
 and may be continued, enforced and completed by his suc- 
 cessor in office as effectually as by himself ; nor shall the 
 appointment or authority of any postmaster general, or of 
 any postmaster, officer or servant of the post office, be liable * 
 
 to be traversed or called in question in any case except only 
 by those who act for the crown. 
 
 37. In every case in which any seaman in her majesty's soMiers' and 
 navj^, sergeant, corporal, drummer, trumpeter, fifer, or pri- pririiTged!"^"^^ 
 vate soldier in her majesty's service, or in the service of 
 
 the East India company, shall be entitled to receive or send 
 letters on the payment of a certain sum and no more, in 
 place of all British postage thereon, the payment of such 
 
88 
 
 POST L/i-xi^ 
 
 [PAET Iv 
 
 Chap. 23. 
 
 Property in let- 
 ters, in whom 
 vested. 
 
 Lost letters ; 
 postmaster ge- 
 neral not liable 
 for, excej)t 
 wliere his own 
 default. 
 
 Oflfences enume- 
 rated and defi- 
 ned, and pun- 
 ishment pre- 
 scribed. 
 
 sum shall likewise free such letter from all provincial post- 
 age thereon, and the governor in council may make orders 
 for giving effect to this section. 
 
 38. Prom the time any letter, packet, chattel, money or 
 thing shall be deposited in the post office for the purpose 
 of being sent by post, it shall cease to be the property of 
 the sender, and shall be the property of the party to whom 
 it is addressed, or the legal representatives of such party. 
 
 39. The postmaster general shall not be liable to any 
 party for the loss of any letter or packet sent by post, unless 
 such loss shall have arisen from his own default. 
 
 40. To steal, embezzle, secrete or destroy any post 
 letter shall be felony, punishable in the discretion of the 
 court by imprisonment for not less than three nor more than 
 fourteen years ; unless such post letter shall contain any 
 chattel, money, or valuable security ; in which case the 
 offence shall be punishable by imprisonment for life, or for 
 a period not less than five years. 
 
 To steal from or out of a post letter any chattel, mon j, 
 or valuable security, shall be felony, punishable by imprisoi- 
 ment for life or for a period not less than five years. 
 
 To steal a post letter-bag, or a post letter from a post 
 letter-bag, or a post letter from any post office, or from any 
 way office, or from a mail, or to stop a mail with intent to 
 rob or search the same, shall be felony, punishable by im- 
 prisonment for life, or for a period not less than five years. 
 
 To open unlawfully any post letter-bag, or unlawfully to 
 take any letter out of such bag shall be felony, punishable 
 by imprisonment for not less than one nor more than four- 
 teen years. 
 
 To receive any post letter, or post letter-bag, or any 
 chattel, money, or valuable security, the stealing, taking, 
 secreting, or embezzling whereof is hereby made felony, 
 knowing the same to have been feloniously stolen, taken, 
 secreted, or embezzled, shall be felony, punishable by im- 
 prisonment for not more than five years, and the offender 
 may be indicted either as an accessory after the fact or for 
 a substantive felony, and in the latter case, whether the 
 principal felon hath or hath not been previously convicted, 
 or shall not be amenable to justice, and however such re- 
 ceiver shall be convicted, the offence shall be punishable as 
 hereinbefore mentioned. 
 
 To forge, counterfeit, or imitate any postage stamp issued 
 or used under the authority of this chapter, or by or under 
 the authority of the government, or proper authority of the 
 United Kingdom, or of any British possession, or of any 
 foreign country, or knowingly to use any such forged, 
 counterfeit, or imitated stamp, or to engrave, cut or sink, 
 or make any plate, die, or other thing, whereby to forge, 
 counterfeit, or imitate such stamp, or any part or portion 
 thereof, except by the permission in writing of the post- 
 
TTfjuJ?; IV.J POST OFFICE. 89 
 
 master general, or of some officer or person who, under the Chap. 23. 
 
 orders to be made in that behalf, may lawfully grant such ■ 
 
 permission, or to have possession of any such die, plate, or 
 other thing, without such permission, or to forge, counter- 
 feit, or unlawfully imitate, use, or affix to or upon any letter 
 or packet, any stamp, signature, initials, or other mark or 
 sign, purporting that such letter or packet ought to pass 
 free of postage, or at a lower rate of postage, or that the 
 postage thereon, or any part thereof, hath been prepaid, or 
 ought to be paid by or charged to any person or depart- 
 ment, shall be felony, punishable by imprisonment for life, 
 or for a period not less than five years. 
 
 To open unlawfully, or wilfully to keep, secrete, delay, or 
 detain or procure, or suffer to be unlawfully opened, kept, 
 secreted or detained, any post letter-bag, or any post letter, 
 or after payment or tender of the postage thereon, if pay- 
 able to the party having possession of the same to neglect 
 or refuse to deliver up any post letter to the person to 
 whom it shall be addressed, or who shall be legally entitled 
 to receive the same, shall be a misdemeanor. 
 
 To steal, or for any purpose to embezzle, secrete, destroy, 
 wilfully detain or delay any printed vote or proceeding, 
 newspaper, printed paper or book, sent by post, shall be a 
 misdemeanor. 
 
 To obstruct or wilfully delay the passing or progress of 
 any mail', or of any animal or carriage employed in convey- 
 ing any mail on any public highway, shall be a misde- 
 meanor. 
 
 To endeavor to procure any person to commit any act 
 hereby made or declared a felony or misdemeanor, shall 
 be a misdemeanor. 
 
 Every misdemeanor hereunder shall be punishable by fine 
 or imprisonment, or both, in the discretion of the court be- 
 fore whom the offender shall be convicted. 
 
 ' Every principal in the second degree, and every accessory 
 before or after the fact to any felony hereunder, shall be 
 guilty of felony, and punishable as the principal in the first 
 degree ; and every person who shall abet or procure the 
 commission of any such misdemeanor, shall be guilty of a 
 misdemeanor and punishable as a principal offender. 
 
 Any imprisonment awarded under this chapter shall be in 
 the provincial penitentiary, if for a term of or exceeding 
 one year ; and if the imprisonment awarded be for a less 
 term, it may be with or without hard labor in the discretion 
 of the court awarding it. 
 
 41. Any indictable offence against this chapter may be offenders how 
 dealt with, indicted and tried, and punished and laid, and ^^°^'"'^ 
 charged to have been committed, either in the county or 
 place where the offence shall be committed, or in that in 
 which the offender shall be apprehended or be in custody as 
 if actually committed therein ; and where the offence shall 
 
90 
 
 POST OFFICE. 
 
 [PAET I. 
 
 Chap. 23. be committed in, upon, or in respect of a mail, or upon a 
 person engaged in the conveyance or delivery of a post 
 letter-bag or post letter, or chattel or money, or valuable 
 security, sent by post, such offence may be dealt with and 
 inquired of, tried and punished, and charged to have been 
 committed, as well within the county or place in which the 
 offender shall be apprehended or be in custody as in any 
 county or place through any part whereof such mail, per- 
 son, post letter-bag, post letter, chattel, money or valuable 
 security shall have passed in the course of conveyance and 
 delivery by the post, in the same manner as if it had 
 been actually committed in such county or place ; and in 
 all cases where the side or centre, or other part of a high- 
 way, or the side bank, centre or other part of a river or 
 canal, or navigable water, shall constitute the boundary 
 between two counties or places, then to pass along the same, 
 shaU be held to be a passing through both; and every 
 accessory before or after the fact, if the offence be felony, 
 and every person abetting or procuring the commission of 
 any offence, if the same be a misdemeanor, may be dealt 
 with, indicted, tried and punished as if he were a principal, 
 and his offence may be laid and charged to have been com- 
 mitted in any county or place where the principal offence 
 may be tried. 
 
 in. In every case where an offence shall be committed in 
 respect of a post letter-bag or a post letter, packet, chattel, 
 money or valuable security, sent by post, it shall be lawful 
 to lay in the indictment the property of such post letter- 
 bag, post letter, packet, chattel, money or valuable security, 
 sent by post, in the postmaster general ; and it shall not be 
 necessary to allege in the indictment, or to prove upon the 
 -trial or otherwise, that the post letter-bag, post letter, packet, 
 -chattel or valuable security was of any value ; but except 
 in the cases hereinbefore mentioned, the property of any 
 chattel or thing used or employed in the service of the 
 provincial post office, or of the monies arising from the 
 duties of postage, shall be laid in her majesty, if the same 
 be the property of her majesty, or if the loss thereof would 
 be borne by the province and not by any party in his private 
 capacity, and in any indictment against a person employed 
 in the post office for an offence against this chapter, or in 
 any indictment against a person for an offence committed in 
 respect of some person so employed, it shall be sufficient 
 ^0 allege that such offender or other person was employed 
 in the post office at the time of the commission of the 
 offence, without stating further the nature or particulars of 
 his employment. 
 
 43. The postmaster general, subject always to the orders 
 of the governor in council, may compromise and compound 
 any suit or information which shall be commenced by his 
 authority or under his control against any person for recover- 
 
 Property, in 
 whom and how 
 laid ; other al- 
 legations- 
 
 Suits may bs 
 Gcmponnded. 
 
TITLE iV.] POST OFFICE. 9.J 
 
 ing a penalty incurred under this chapter on such terms and Chap. 23. 
 
 conditions as he shall in his discretion think proper, with " ' 
 
 full power to him or any of the officers and persons acting 
 under his orders to accept the penalty incurred or alleged 
 to be incurred, or any part thereof, without suit or informa- 
 tion brought for the recovery thereof. 
 
 44. AU mere pecuniary penalties imposed by this chapter, Pecuniary pen- 
 or by any order of the governor in council made under this covmedniS^ 
 chapter, shall be recoverable with costs by the postmaster <»'ionofao'ion- 
 general, by civil action, in any court having jurisdiction to 
 
 the amount, and shall belong to the province, saving always 
 the power of the governor in council to allow any part or 
 the whole of such penalty to the officer or party by whose 
 information or intervention the same shall have been 
 recovered, but all such penalties shall be sued for within one 
 year after they are incurred, and not afterwards, provided 
 always, that if the penalty exceed twenty pounds the 
 offender may be indicted for a misdemeanor in contravening 
 the provisions of this chapter or of the regulations made 
 under it, instead of being sued for such penalty, and-if con- 
 victed shall be punished by fine or imprisonment, or both, 
 in the discretion of the court. 
 
 45. In any action or proceeding for the recovery of Competenoy of 
 postage, or of any penalty under this chapter, any post- den'ol proof"'" 
 master, or other officer or servant of the post office, shall be 
 
 a competent witness, although he may Ip entitled to or 
 entertain reasonable expectation of receiving some portion 
 or the whole of the sum to be recovered ; and the burden 
 of shewing that any thing- proved to have been done by the 
 defendant was done in conformity to or without contra- 
 vention of this chapter, shall be on the defendant. 
 
 46. The annual salary of the postmaster general for the fg*/ enOTai"*'' 
 province of Nova Scotia shall be six hundred pounds cier^s^depaty 
 currency. 
 
 The salary of the first clerk of the post 
 
 office at Halifax, ^187 
 
 Of the second clerk, 125 
 
 Third clerk, 125 
 
 Fourth clerk, 125 
 
 Messenger at Halifax, 75 
 Deputy postmasters shall, until the last day of the next 
 session, receive and retain, in lieu of their services, twenty 
 per cent, on the amount of postage by them collected ; and 
 also the several sums now agreed to be paid to them for 
 extra labor and night work. 
 
 Way office keepers shall receive forty shillings a year in 
 full, and the practice of charging two pence on the receipt 
 or delivery of letters shall be discontinued. 
 
 47. The words " postmaster general" and " post office," Definition of 
 when used in this chapter, shall mean the provincial post- 
 master general and provincial post office, unless otherwise 
 expressed. 
 
 
 J. 
 
 postmasters, 
 and way office 
 keepers. 
 
 
 
 
 01 
 
 
 
 
 
 
 
 
 
 
 
 
 - CD. 
 
 a 
 
82 
 Chap. 24. 
 
 PUBLIC BUILDINGS. 
 
 L-- 
 
 TITLE Y. 
 
 OF PUBLIC BUILDINGS AND ESTABLISHMENTS. 
 
 Governor may 
 make regula- 
 tions relative to 
 provincial buil- 
 oings and esta- 
 blishments. 
 
 Power of com- 
 missioners. 
 
 Acts of commis- 
 sioners ratified. 
 
 Appropriation 
 of fand. 
 
 Appraisement. 
 
 CHAPTER 24. 
 
 OP THE COMMISSIONERS OF PUBLIC PEOPERTY. 
 
 1. The governor in council may make such regulations 
 for the sujjerintendence and management of the provincial 
 building, government house, provincial penitentiary, and 
 all other buildings and property belonging to the province, 
 with all the light houses, buoys and beacons erected, or to 
 be erected within this province, and of Sable Island, and 
 the Seal and Mud Islands, as may seem judicious ; provided 
 that no greater expense is incurred for such superintend- 
 ence and management than has been heretofore sanptioned 
 or granted by the legislature ; such regulations to be laid 
 before the legislative council and assembly, within ten days 
 of the opening of the next session after they shall be made, 
 and they shall be subject to the revision of the legislature. 
 
 2. The powers conferred upon the board of works by 
 the revised statutes may be, by order of the governor in 
 council, transferred, in whole or in part, to the commis- 
 sioners, or other authorities appointed to superintend and 
 manage such works respectively. 
 
 3. The acts done by the commissioners, or other persons 
 charged with the management of such establishments and 
 property, between the first day of September, in the year 
 one thousand eight hundred and fifty-one, and the making 
 of such regulations, and all advances made by the govern- 
 ment for the maintenance thereof, are hereby declared as 
 lawful as they would have been, had chapter twenty-four of 
 the revised statutes not been passed, and the acts by which 
 such establishments respectively were previously governed, 
 had continued in force. 
 
 . 4. Whenever any lands are required by the commis- 
 sioners or other authorities for the erection of any light 
 houses, beacons, or other erections for the protection of 
 navigation, and for roads leading thereto, and for buildings 
 and other necessary purposes connected therewith, the 
 commissioners or other authorities may forthwith appro- 
 priate the same to the public service, and the same shall be 
 vested in the public, in the same manner as in the case of 
 lands appropriated to the public service for great roads ; 
 and the lands required therefor shall be valued and appraised 
 in conformity with the provisions of chapter sixty-one, 
 " of laying out certain great roads"j the commissioners or 
 
other authorities to make the agreement with the owners of Chap. 25. 
 the land, and if such agreement cannot be made, to appoint ~ 
 
 two appraisers, and the owners of the land one ; which 
 appraisement shall be laid before the sessions, and con- 
 firmed and decided by them. 
 
 5. If the government shall deem any such valuation ex- Government 
 travagant, they may withhold payment of the amount, and new^appmise- 
 order a new appraisement and valuation, in any way they °'®°'' 
 may direct. 
 
 CHAPTEH 25. 
 
 OP THE PENITENTIARY. 
 
 1. The provincial penitentiary shall be used as a prison Penitentiary a 
 for offenders, as hereinafter specified. pnson. 
 
 2. The penitentiary shall be absolutely vested in her Penitentiary 
 
 , vested m her 
 
 majesty. majesty. 
 
 3. If any officer on being dismissed shall not quit the Modoofremov- 
 
 .,,.■' T . '^ . n 1 -1 T ing dismissed 
 
 penitentiary, and give up possession oi any building or officers, 
 apartment belonging thereto within a period to be fixed by 
 the board of works, any justice of the peace shall, on appli- 
 cation of the board, by warrant direct the sheriff to remove 
 suoh person out of the penitentiary, or any building or 
 apartment belonging thereto, in like manner as upon a writ 
 of hahere facias possessionem. 
 
 4. The board shall have the same powers with respect Board may 
 to the penitentiary which the visiting justices of any prison management. 
 in England have, or so much thereof as the governor in 
 council may confer, and may hold meetings and make rules 
 
 for the government of the penitentiary, for the duties and 
 condupt of the principal keeper and other officers thereof, 
 and for the maintenance, employment, and discipline of the 
 convicts. No rules, or alteration or revocation of former 
 rules, shall be in force until approved by the governor in 
 council. 
 
 5. The board shall appoint one or more of their number Appointmentof 
 from time to time to visit the penitentiary, and may dele- powe'/s!' 
 gate to such visitors powers to make anj' order requisite in 
 
 cases of pressing emergency. Every such order shall be in 
 writing, and shall be reported, with the circumstances, to 
 the board, at their next meeting. 
 
 6. The board may contract for the clothing, diet, and Maintenance of 
 other necessaries for the maintenance of the convicts, and employment."" 
 for the implements or materials for any manufacture or trade 
 
 in which the convicts shall be employed, and may carry on 
 such manufactures or trade, and sell the goods manufac- 
 tured. 
 
94 PENITENTIARY. [PABT 1, 
 
 Chap. 25. 7. The board shall, on or before the tenth day of January, 
 Report of the ^ ^ach year, and oftener if required by the governor in 
 bXri theiegis^ council, report to him in writing, under the hands of three 
 lature annually or Hiore of them, the State of the buildings, the behaviour 
 of the officers and of the convicts, the amount of the earn- 
 ings of the convicts, and the expense of the penitentiary, 
 and such other matters relating to the management of the 
 prison as they shall deem expedient, or as the governor in 
 council shall direct, and such report shall be laid before the 
 legislature within one month, if the general assembly be 
 then sitting ; if not, then within one month after its next 
 meeting. 
 ConTiots, how 8. The govemor may direct the removal to the peniten- 
 received tiary of any convict under sentence of the supreme court, 
 
 who, having been examined by a medical officer, shall appear 
 free from any putrid or infectious distemper, and fit to be 
 removed from the place of. his confinement. The person 
 having the custody of such convict shall, on the receipt of 
 the order of removal, convey him to the penitentiary, and 
 if, on examination by the medical officer there, he shall 
 appear fit to be admitted, shall deliver him into the custody 
 of the principal keeper, with an attested copy of the order 
 of the court, containing the sentence by virtue of which 
 such convict shall be in custody, and also a certificate 
 specifying such particulars concerning such convict as the 
 governor may direct. The principal keeper shall give a 
 receipt in writing to every such person for every convict 
 received into his custody ; and all reasonable expenses of 
 such removal shall be paid by the county in which the 
 offender shall have been convicted. 
 Conviets must 9. When any convict Ordered to be Confined in the peni' 
 caUxamina-^' tontiary shall be brought thither, he shall continue in the 
 tion. custody of the person who shall bring him until he has 
 
 been examined by the medical officer and ascertained to be 
 fit for admission into the penitentiary ; and if the medical 
 officer shall certify that he is not fit to be received there, 
 he shall be placed in some hospital. 
 Discharge of 10. No convict received into the custody of the prin- 
 
 sfokThow^TD- cipal keeper shall be discharged at the end or other deter- 
 duoted. mination of his term if he shall then labor under any acute 
 
 or dangerous distemper, unless at his own request ; and 
 when any such convict shall be finally discharged, such 
 clothing and assistance in money, or otherwise, as the board 
 shall judge proper, shall be given him. 
 Employ of con- 11.. The convicts may be employed in work at the peni- 
 rS.''"''/^^"' tentiary every day in the year except Sundays, Christmas 
 • ■ Day, Good Friday, and any day appointed for a general fast 
 
 or thanksgiving, so many hours, not exceeding twelve, 
 exclusive of the time allowed for meals and exercise, as the 
 board shall order, but they may by a written order allow 
 any convict at his own request to labor for a longer time.. 
 
TITLE v.] PENITENTIAET. §§ 
 
 12. No person except the members of the board or Chap. 25. 
 sei-vants of the penitentiary, or persons authorised by the Admission of 
 rules made by the board, shall be allowed at any time to [^"1^°°^ restric- 
 enter any part of the penitentiary used by the prisoners, or 
 
 to converse or hold communication with them. 
 
 13. The principal keepelpor person under him, having Principal keep- 
 the custody of the convicts, shall, during the term for which ani re^spoS- 
 they shall be ordered to remain in custody, have the same ^"'^^• 
 powers over them as are incident to the office of sheriff or 
 
 jailer ; and in case of any misbehaviour or negligence in the 
 discharge of his office, shall be liable to the same punish- 
 ment to which a jailer is now liable. 
 
 14. If any convict shall assault the principal keeper, or Punishment of 
 any officer or servant employed in the penitentiary, the sauUs!** '^''^ "^ 
 board may order him to be prosecuted therefor ; and, upon 
 conviction, he shall be imprisoned for any term not exceed- 
 ing two years, in addition to the term for which he was in 
 
 the first instance confined. 
 
 15. The governor may at any time order mj convict to incorrigible 
 be removed from the penitentiary as incorrigible, to any to'remoTaT.''^^ 
 other prison or place of confinement in which he may be 
 lawfully imprisoned. 
 
 16. If any convict shall be found insane during his con- insane convicts, 
 finement, and be so reported by the board to the governor, "^ow treated. 
 he may, by warrant, order such convicts immediate removal 
 
 to such lunatic asylum as he may judge proper. Every 
 convict so removed shall remain under confinement in such 
 asylum until it shall be certified to the governor by two 
 physicians or surgeons, that such convict has become of 
 sound mind. If the term of his imprisonment shall not then 
 have expired, the governor may order that such convict 
 be remanded to the penitentiary ; if the period of his im- 
 prisonment shall have expired, he shall be discharged. 
 
 17. Every convict who, during the term of his imprison- Breaking pri- 
 ment in the penitentiary, shall break prison, or who, while ami other m'is- 
 being conveyed to prison, shall escape, shall be punished by punlsheii!"'^ 
 an addition, not exceeding three years, to the term of his 
 imprisonment. If afterwards convicted of a second escape 
 
 or breach of prison, he shall be guilty of felony ; and every 
 convict who, during the term of his imprisonment, shall 
 attempt to break prison, or who shall forcibly break out of 
 his cell, or make any breach therein with intent to escape 
 therefrom, shall be punished, by an addition, not exceeding 
 twelve months, to the term of his imprisonment, by the 
 order and direction of the governor in council. 
 
 18. Any person rescuing a convict from the penitentiary Rescuing Con- 
 or from the person conveying him thither, or aiding in his OT^asststogfs- 
 rescue, shall be guilty of felony; and every person having ig'iP'f''"'"'^""'" 
 the charge of a convict, or employed as a keeper or assist- 
 ant, who shaU wilfully allow such convict to escape, or 
 
 assist him in an attempt to escape though no escape be 
 
96 
 
 PENITENTIAEY. 
 
 [PART I. 
 
 Subordinate of- 
 ficers punish- 
 able for miscon- 
 duct. 
 
 Chap. 25. actually made, and any person attempting to rescue any 
 ~ convict, or aiding in such attempt though no rescue be 
 
 actually made, shall be guilty of felony; . and every person 
 having such custody carelessly allowing any such convict 
 to escape, shall be guilty of a misdemeanor, and being con- 
 victed thereof shall be liable to fine or imprisonment, or to 
 both, at the discretion of the court. 
 
 19. Every officer or servant of the penitentiary bringing 
 or carrying out, or endeavoring to bring or carry out, or 
 allowing to be brought or carried out to or for any con- 
 vict, money or any article not allowed by the rules of the 
 penitentiary, shall be forthwith suspended by the principal 
 keeper, who shall report the offence to the board at their 
 next meeting, and the board shall enquire thereof upon 
 oath, which any one of them may administer, and upon proof 
 of the offence shall dismiss such officer or servant, and may, 
 if they think fit, cause the offender to be apprehended and 
 carried before a justice, who shall hear and determine any 
 such offence in a summary way ; and every officer or ser- 
 vant upon conviction of such offence before a justice, shall 
 be liable to a penalty not exceeding fifty pounds, or at the 
 discretion of the justice, to be imprisoned in tlje common 
 jail or penitentiary, there to be kept with or without hard 
 labor for any term not exceeding six months. 
 
 20. Every convict or person who shall commit any 
 offence mentioned herein, for which he is not liable to be 
 summarily convicted, may be tried before the supreme 
 court at Halifax or in the county in which he shall be taken ; 
 and in case of any prosecution for any such offence, a copy 
 properly attested of the order of commitment to prison, 
 with proof that the person in question is the same who was 
 delivered with such order, and the production of the regis- 
 ter of the prison shall be sufficient evidence of all the facts 
 entered in such register as to such convict without the pro- 
 duction of any other proof that such convict had been 
 convicted of felony and legally sentenced to imprisonment 
 in the penitentiaiy. 
 
 21. An account of the expenses of carrying these pro- 
 visions into execution, shall be annually laid before the 
 legislature, and after deducting therefrom any profits arising 
 from the earnings of the convicts the balance shall be pro- 
 vided for by such sums as may be granted by the assembly. 
 
 _ 22. _ All provisions of the legislature for protecting jus- 
 tices in the execution of their office, shall extend to the 
 board and the principal keeper of the penitentiary. ' 
 
 23. All actions and prosecutions for anything done in 
 pursuance of these provisions, shall be laid and tried in the 
 county where the fact was committed, and shall be com- 
 menced within six months thereafter. 
 
 _ ,24. Any person convicted of felony under these pro- 
 visions, shall be liable to imprisonment in the penitentiary^ 
 
 Convicts may 
 be tried in su- 
 preme court ; 
 register evi- 
 dence of its con- 
 tents. 
 
 Expenses of es- 
 tablishment, 
 how provided. 
 
 Protection of 
 board and Iceep- 
 
 Limitationof 
 actions. 
 
 Imprisonment 
 regulated and 
 limited. 
 
TITLE T.] - SABLE ISLAND. — LIGHT HOUSES. 97 
 
 for a term not more than fourteen years nor less than one Chap. 26. 
 year, as the court shall award. 
 
 CHAPTER 26. 
 
 OP SABLE ISLAND AND THE LIGHT HOUSES. 
 
 1. Any. member of the board of works, or their super- Persons and 
 intendent, or the resident keeper, may apprehend any person "^niM&ilimi, 
 who may be found residing on Sable Island; having volun- tow disposed of. 
 tarily gone there for any purpose whatever without a 
 
 Ucense from the governor, describing such person and 
 authorizing him to reside thereon ; and may bring him and 
 all property found in his possession to Halifax ; and three 
 justices, upon proof that he was so found, may commit him 
 to jail for not more than six months, and further until he give 
 security for his future good behaviour, and whatever pro- 
 perty be found on the island belonging to any such offender, 
 if sufficient to pay the expense of the removal of such 
 offender and goods, shall by order of such justices be sold, 
 and the proceeds applied to that purpose, and the residue, 
 if any, returned to the owner ; but if it appear that such 
 property has been cast on the shore of the island, or pro- 
 cured from some wrecked or stranded vessel, it shall be 
 sold, and the proceeds, after payment of the expenses, paid 
 to the owner or his agent, or otherwise be paid into the 
 treasury for the right owner when discovered, who, upon 
 proof to the satisfaction of a judge of the supreme court 
 of his right thereto, shall receive the same. 
 
 2. The board may, from time to time, make rules for the Euies&rthero- 
 government of the island, and for regulating the duties of fs"ind"how ^^^ 
 the resident keeper thereon, for administering relief to ship- ^^^''■ 
 wrecked persons and their removal, preserving and removing 
 shipwrecked property, and preventing persons not autho- 
 rized by the governor from taking up their residence theredn, 
 
 and for the general management of the island. 
 
 3. Every member of the board, and also their superin- Members or the 
 tendant and resident keeper, shall have, in every respect aotas'justloes!^ 
 upon Sable Island, and in relation to wrecks or wrecked 
 
 goods there and elsewhere, the same power and authority 
 as a justice of the peace. 
 
 4. When vessels or goods shall be stranded on Sable vesseis& goods 
 Island, or its bars or coasts, and they, or any part thereof, disposed' of. 
 shall be saved by any of the board, or their superintendant, 
 
 or any person under the authority of the board, they shall 
 be taken in charge by the superintendant or keeper and 
 sent to Halifax, to be disposed of by the board for the bene- 
 fit of the owners, after payment of salyage to the establish- 
 
98 
 
 PUBLIC DOMAIN. — COAL MINES. 
 
 [part L 
 
 Chap. 27. ment on Sable Island, and all other expenses Incurred with 
 respect to them, unless the board shall give contrary orders 
 to the superintendant or keeper ; and all goods so saved 
 shall he held to be in the possession of the boardj and shall 
 not on any pretence be taken out of the custody of such 
 superintendant or keeper, or person, employed by either of 
 them, except by order of the board, nor until payment of 
 the salvage and expenses, and such goods shall be liable to 
 duties as if imported. 
 
 5. In all proceedings in any court, Sable Island shall be 
 held to be within the county of Halifax, and any person 
 charged with any criminal offence committed thereon, or on 
 its shores, banks, or bars, may be proceeded against and 
 tried as if the island were actually within the body of such 
 cotinty. 
 
 6. There shall be annually paid to her majesty, out of 
 the public revenues towards the support of the light houses 
 and humane establishments on the islands of Saint Paul and 
 Scatarie, so long as they shall continue in operation, such 
 sum of money as shall from time to time become payable 
 on the part of this province under the terms of an award 
 made on the sixteenth day of August, one thousand eight 
 hundred and thirty-six, at Miramichi, by commissioners or 
 arbitrators appointed' for that purpose by the provinces of 
 Lower Canada, New Brunswick, Nova Scotia and Prince 
 Edward Island, and the governor shall in each year draw 
 his warrant for such" sum in favor of the board of works. 
 
 Sable Island 
 within the 
 county of Hali- 
 fax. 
 
 Expenses of 
 light houses on 
 St. Paul's and 
 Scatarie, how 
 proTidett for. 
 
 
 TITLE VI. 
 
 OF THE MANAGEMENT AND REGULATION OF THE PUBLIC 
 
 DOMAIN. 
 
 ^**y€f 
 
 yLt-^.e:^ J^"' 
 
 ' /ff^^ 
 
 /{ly. CHAPTER 27. 
 
 OF THE COAL MINE! 
 
 Proceedings 
 preparatory to 
 opening coal 
 mines on pri- 
 vate lands. 
 
 Part the First. 
 
 1. Whenever it shall be thought expedient by the govern- 
 ment to open and work any mines of coal within the lands 
 of any person for the purpose of raising and taking away 
 coal discovered within the same, the justices, in general or 
 special sessions, on applicati-on in writing by the party 
 authorised to open and work any such mines, shall cause 
 the clerk of the peace, in their presence, to draw the names 
 of twenty-four jurors out of the petty jury list then returned 
 
TITLB VI.] COAL MINEa. 9^ 
 
 to the supreme court of the county, who shall • be persons Chap. 27. 
 residing at least five miles from, and having no interest in, ' " 
 
 such lands, and nOt being of kin to the parties interested 
 therein, or to the persons applying for the opening and 
 working of such mines ; and the justices shall direct the 
 clerk to issue a precept in writing to the sheriff of the 
 county, with a list of the jurors so drawn annexed ; by 
 which precept the sheriff shall be commanded to summon 
 the persons named in such list to appear at some conveni- 
 ent place upon or near the said lands upon a certain day, 
 to be at least fourteen daj'^s after the issuing of the precept, 
 which shall be made returnable to the court of general 
 sessions for such county, to be held next after the day 
 appointed for the meeting of the jurors, and the clerk shall 
 make out and sign notices in writing of the issuing of such 
 precept, of the time and place of meeting, of the jurors, and 
 for what purpose, and upon whose application it issued; six 
 of such notices to be posted up^^in the most public places in 
 such county, and if the owner of the lands do not reside 
 within such county a notice shall be inserted in two of the 
 Halifax newspapers. 
 
 2. Upon the day appointed for the appearance of the i-ands to be laid 
 jurors, the sheriff shall call over the list, and of those in damages^asaes- 
 attendance the twelve who shall first answer to their names ^^' 
 
 shall be sworn as a jury to the faithful discharge of the 
 duties hereby required of them, and such jury shall proceed 
 to the place intended to be opened, and there lay out so 
 much of the lands as will be sufficient to sink a proper shaft 
 or pit to reach the veins of coal, and also so much as will 
 be sufficient for lodging and depositing whatever may be 
 raised from such mines, and whatever may be necessary to 
 bring to such mines, for the purpose of opening and work- 
 ing the same ; and the jury shall at the same time lay out 
 and mark so much of such laads adjoining such shaft or pit 
 as will be necessary to pass through for making a drain to 
 carry off the water from such mines, and also so much of 
 such lands as may be necessary to make a road or a way 
 from such mines to the nearest navigable sea water or pub- 
 lic highway. And such jury shall assess reasonable damages 
 to the owners and tenants of such lands, according to the 
 several interests therein, and as such owners or tenants 
 ought to receive for being deprived of the use of the lands 
 so laid off, and for injury done thereto, and for expenses 
 imposed upon them for making fences or ditches for the 
 purpose of separating the lands laid off from other parts of 
 their lands, and shall fix a reasonable annual rent for the use 
 of the lands so laid off. 
 
 3. A list of the names of such iury shall be annexed to Verdjet of jury 
 the precept, and the verdict or the jury nxmg such damages toads for rent 
 and rent, and to whom and at what time the same are to be 
 respectively paid, shall be entered at the foot of the list 
 
 7 
 
100 COAL MINES, [past L 
 
 Chap. 27. and shall be signed hj all the jurors, and the precept, with 
 such list and the verdict of the jury annexed, shall be 
 returned as above mentioned ; and the court shall there- 
 upon confirm the same, and order the precept and verdict 
 of the jury to be filed, and shall make an order declaring 
 that so soon as the persons liable by the verdict shall pay 
 the damages therein, and shall enter into bonds,, with suffi- 
 ci&nt sureties to be" approved of by the sessions, to pay the 
 annual rent to the persons respectively to whom the same 
 is to be paid, such person shall be authorised to take pos- 
 session of the lands so set off, with power to hold the same 
 so long as they pay the stipulated annual rents. 
 The bondsto be 4. The bonds mentioned in the last section shall be made 
 queen ° person to the qucon for the payment of the annual rent assessed to 
 need not be^de- ^^^ person who may be from time to time entitled to the 
 signated. same, without designating such person by name, 
 
 to receive t™* ^' ^^^^ the right shall be in dispute, or the persons en- 
 ciamages, &o. is titled be Unknown or uncertain, the party to whom the lands 
 m dispute. gj^^^jj -^^ j^^j^ ^g- gj^^^jj ^^^ ^j^^ damages assessed to the county 
 
 treasurer, and the rent annually to such persons as the 
 court of sessions may determine ; such payment to the 
 county treasurer shall be equivalent to the payment herein- 
 before directed. 
 Payment tJ 6. Payment by the party to whom the lands shall be laid. 
 
 wiong parties. ^^ ^£ ^j^^ damages or annual rent assessed to the persons 
 designated by the verdict as entitled thereto, or if the ver- 
 dict shall 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 the payment ; but ' 
 any persons subsequently claiming to have been entitled to 
 the damages or rent so paid, may prosecute their claim by 
 action Jfor money had and received against the persons to 
 whom the payment shall have been made. 
 Payment of da- 7. Incase of disputed or unknown title, the court of 
 of disputed ti- sessions, on application of the claimant, shall order the 
 *"*■ damages paid to the county treasurer, and the 'annual rent, 
 
 so often as the annual rent shall become the subject of con- 
 troversy, to be paid to the persons who, on due investiga- 
 tion by the court, shall have established their right ; but no 
 order shall be made until it shall be shewn to the court that 
 notice has been given, sufficient, in the judgment of the 
 court, to protect the rights of all, persons who may be or 
 may claim to be interested. 
 Fj"'.ii^l*:?f„M™ 8. The party to whom the lands shall be laid off shall not 
 oiTnottobeim be implicated m controversies between persons contesting 
 controversy.''''^ ^i^^® *o the damages or annual rent. 
 
 Costs on oonflio- 9. The costs On Conflicting claims before the sessions, 
 ting claims, ^nd on appeal to the supreme court, shall be the same, and 
 governed hj the same rules as apply to summary applica- 
 tions in the supreihe court. 
 Appeals 10. All decisions in the sessions shall be subject to 
 
TITLE VI.] COAL MINES. ' ' IQI 
 
 appeal to the supreme court, which the sessions shall gpaMTCnKv. 27. 
 on the applicant entering into a bond to the queen, with 
 sufficient sureties, in forty pounds, conditioned for the pay- 
 mentof all such costs as may be ordered by the courtof appeal. 
 
 11. The bonds to the queen required by this chapter Bonds-pro- 
 shaU be available as security to be enforced for the benefit ^^^™gs under; 
 of the persons entitled ; such persons shall be liable to costs 
 
 in the same manner as if suits on the bond had been pro- 
 secuted in their own names. 
 
 12. In no case in which the verdict shall find the amount Errors and m- 
 of damages and the amount of annual rent with sufficient pnSeedings." 
 certainty, shall the proceedings for laying off lands under 
 
 this chapter be refused confirmation, or be set aside because 
 the persons entitled to damages or annual rent are not 
 designated by name, or sufficiently designated ; or by reason 
 of irregularity in the finding as to the persons entitled, or 
 of any matter of form ; but the sessions, subject to appeal, 
 and the supreme court, on appeal, shall rectify any error or 
 informality, or shall adopt such proceedings as may be 
 necessary lor determining to whom the damages or rent 
 shall be paid, or for otherwise carrying into effect the 
 provisions and intent of this chapter. 
 
 13. No person shall use any part of the lands so set off Lands laid off 
 for any other purpose whatsoever, except such as shall be "^ "^ ^e used 
 necessary for making roads, opening drains, erecting neces- 
 sary works, and all other purposes connected with opening 
 
 and working such mines to the most advantage ; and the 
 persons so authorised, and all persons employed about such 
 mines, shall use the lands in such manner as wiU be least 
 injurious to the owners and occupants of such lands or any 
 other lands contiguous thereto. 
 
 14. Persons to whom possession of any lands shall be Railways may 
 hereby given, may make and repair the roads to and from and buiitogs 
 such mines, and erect thereon railways or any other con- ®'^^<='^'i- 
 veniences to facilitate transportation of the articles neces- 
 sary to be carried to and from the same, and may erect on 
 
 the ground set off for the use of the shaft, houses, and 
 buildings to shelter the workmen and to contain any articles 
 necessary to be used in and about the premises. 
 
 15. Persons erecting any engines or machines, houses or Possession to re 
 buUdings on the lands so set off to them, ihay, during their Ilrta\n°olses of 
 occupancy, take down the same and' remove the, materials "i^si^ct. 
 thereof notwithstanding such buildings and erections may 
 
 be considered in law as attached to the freehold. And the 
 owners of all the lands set off under the authority of this 
 chapter for the use and accommodation of the workers of 
 such inines, shall be entitled to take possession of all lands 
 so set off in case the working of the raines shall have 
 ceased for six months next before the taking possession 
 unless the working thereof shall have received any tem- 
 j)orary interruption from some unforeseen accident ; and 
 
102 COAL MINES, [part I. 
 
 Chap. 27. such owners shall hold the lands so taken possession of as 
 
 "^ of their first estate, but before such possession be taken 
 
 reasonable notice must be given to the persons interested ' 
 
 in the mines to remove their eifects and materials ofi" the 
 
 premises. 
 
 Provisions for 16. If it be found expedient to re-commence working 
 
 Borfe"r°aite^r- any mine after the lands set off for the use thereof shall be 
 
 ty^oHanls'set' ^^ken possession of by the owners, or if it be necessary to 
 
 off. alter the quantity of land set off for the use of mines, the 
 
 same proceedings shall be adopted as hereinbefore stated. 
 New bonds pro- 17. If any change take place of the persons authorised 
 tafn^ses'"'*'^" to work any mine, or their sureties die, remove from the 
 province, or become insolvent, the justices in session, on 
 application of either party, may order new bonds to be 
 entered into ; and if such new bonds be not given within a 
 tinae to be limited therefor, the justices may order posses- 
 sion to be restored to the original owner of such lands; who 
 inay thereupon assume the possession thereof, and recover 
 whatever compensation may be due for the time that pos- 
 session of any such land may be held after such bonds 
 ought to be given. 
 eeedin^s^o'be 1^' -^^ costs incurred in carrying out these provisions 
 paid by appii- shall be paid by the party authorised to open such mines. 
 L™se«f mines l^- Any person proposing to work any mines or mine- 
 --how to be ap- rals in any iingranted lands in this province, or in any grant- 
 ^ '* *"^" ed lands wherein such mines and minerals were reserved a,t 
 
 the time of the grant, may apply for a lease of such mines 
 and minerals to the governor, by petition, setting forth, 
 particularly, the quality and description of the mines or 
 minerals applied for, and also a description of the lands 
 Advertisement wherein the same are situate ; on receipt of such application 
 ofthe appiica- ^j^g governor shall direct an advertisement to be inserted 
 in the royal gazette for the space of three months, at least, 
 notifying all persons interested, or claiming to be interested 
 in such mines or minerals, of the application so made. 
 b» grt^ted— *° ^^' ^^ ^^^'^ mincs or minerals shall not, within twelve 
 term of. months from the publication of such notice, be opened and 
 
 worked, the governor in council may order a lease thereof 
 to such person or persons for such term and on such condi- 
 tions as he may think fit. 
 Where mine 21. When the Working of any mine, now opened, or 
 
 Tbandon'Safter hereafter to be opened in this province, shall have been 
 12 months. abandoned for a period of twelve months, the governor in 
 council shall have the same power to lease the same as in 
 cases where a mine shall not have been worked after twelve 
 months notice, as herein above provided. 
 Where only oo- 22. Where any complaint shall be made to the governor 
 lorawy worked. ^ council, that any mines or minerals claimed under a lease 
 from the cro.wn, or under a lease granted pursuant to this 
 chapter are not worked bona fide, but only colorably, or to 
 jtreyent a forfeiture under the terms of such lease, and such 
 
TITLE VI.] COAL MINES. 103 
 
 Complaint shall appear to tHe governor in council to be well Chap. 27. 
 
 founded, thie attorney general shall be directed to file in the ' 
 
 supreme court, in the name of the queen, an information 
 setting.forth the description of the mines and minerals in 
 question, and the substance of the complaints so made ; a 
 Copy of such information shall be served upon the principal 
 officer in charge of the mines, or in his absence, be posted 
 up in some conspicuous place on the premises ; which ser- 
 vice or posting shall be considered sufficient notice to the 
 parties interested, to appear and defend such information, 
 and shall be made the same number of days, at least, as are 
 required in ordinary proceedings in the supreme court. 
 The party interested may appear to such information and 
 traverse the allegation that such mines or minerals were 
 not worked bona fide, but only colorably, or to prevent 
 forfeiture, as aforesaid; and thereupon the issue shall be 
 tried as other issues in the supreme court are tried, subject 
 to the same rules and incidents, so far as the same may be 
 applicable. On judgment for the plaintiff, by default, or 
 after verdict, or confession, the governor in council shall 
 have the same power to lease the mines and minerals con- 
 tained in such lands, as in cases under the second section 
 of this chapter. 
 
 23. The royalties reserved under any lease granted in J^yait'es^ ' 
 pursuance of this chapter, shall not be less than those now not to extend 
 paid by any party holding a lease under the crown of any ^^^""'^ ^^^^■ 
 mines or minerals in this province ; and no such lease shall 
 
 be made to extend beyond the year one thousand eight 
 hundred and eighty-six. 
 
 24. The jury, under this chapter are not authorised to ^^^^^'^^'^^^ 
 determine the title to lands laid ofi" under its provisions, authorized to 
 when the title shall be in dispute or unsettled. * puteTtitfes!^ 
 
 Part tlie Second. 
 
 Whereas an arrangement has been made and entered into 
 between and by or on behalf of her majesty and the general 
 assembly of this province, and Christopher Pearse and John 
 George Nutting, as the legal personal representatives of hia 
 late Koyal Highness Frederick, duke of York and Albany, 
 and the general mining association, for the surrender to her 
 majesty of all the terms, estates, and interests of the said 
 Christopher Pearse and John George Nutting, and the said 
 association, and of Mary Ann Rundell and Bdmond Strong, 
 as the legal personal representatives of Edmond Waller Run- 
 dell, deceased, and a trustee for the said association, in the 
 mines and minerals in this province, and for granting to the 
 gaid association, & hew lease of the beds or seams of coal 
 in certain parts of the said province, with full powers for 
 
104 COAL MINES. [PAET I. 
 
 Chap. 27. working the same for the term of twenty-eight years, to, 
 ~^. ' commence and be computed from the first day of January, 
 
 in the year one thousand eight hundred and fifty-eight, and 
 also for such portion of the next succeeding year .as shall 
 elapse previously to the 25th day of August, in the same 
 year, being the year one thousand eight hundred and eighty- 
 six, at certain rents or royalties, and subject to certain other 
 terms, which have been agreed upon. And whereas it is 
 intended that for effecting the said arrangement a certain 
 indenture, already prepared and engrossed, and bearing date 
 the first day of January, in the year one thousand eight 
 hundred and fifty-eight, and expressed to be made between 
 the. said Christopher Pearse and John George Nutting, of 
 the first part, the said Mary Ann Rundell and Edmond 
 Strong, of the second part,, the said association of the third 
 part, and her majesty of the fourth part, a true copy of which 
 indenture is contained in the schedule hereto annexed, shall 
 be executed by the several parties thereto, of the first,, 
 second, and third parts, respectively, by which indenture aU 
 the estate, term, and interest, of the said Christopher Pearse, 
 and John George Nutting, and of the said Mary Ann Run- 
 dell and Edmond Strong, and of the said association, in. 
 the said mines and rqinerals, are expressed to be surrendered 
 and yielded up to her majesty, her heirs and successors, 
 and whereby certain releases are expressed to be made con- 
 cerning the said mines and minerals, and the rents, royalties, 
 and reservations, reserved, or agreed to be reserved, by 
 certain leases and agreements for leases, of the said mines 
 and minerals, and also that a certain other indenture, already, 
 prepared and engrossed, and bearing date the first day of 
 January, one thousand eight hundred and fifty-eight, and. 
 expressed \o be made between her majesty, of the one part, 
 and the said association, of the other part, a true copy of 
 which last mentioned indenture is contained in the schedule 
 hereto, should be executed by the said association, by 
 which same indenture all the beds and seams of coal in cer- 
 tain parts of this province are expressed to be demised to 
 the said association, their successors and assigns, for the said 
 term of twenty-eight years, and such portion, as aforesaid, 
 of another year, at certain rents or royalties, and upon cer- 
 tain terms therein mentioned. And whereas the said two. 
 indentures so prepared and engrossed as aforesaid, have 
 not, nor hath either of them, been executed by or on behalf 
 of any of the parties named as parties thereto, but drafts of 
 the same have been duly signed and approved of by Henry 
 Eevel Reynolds, esquire, the solicitor to her majesty's 
 treasury, on behalf of her majesty, and by the honorable 
 James .William Johnston and Adams George Archibald, 
 esquire, delegates appointed under the authority and on 
 behalf of the general assembly of this province, and by 
 Francis Thomas Bircham, the solicitor of and on behalf of 
 
TITLE VI.] OOAL MINES. 105 
 
 the said association. And the said indenture of surrender Chap. 27. 
 has been duly signed and approved of by Messrs. Parrar, " 
 
 Ouvry and Farrar, the solicitors of and onbehalf of the said 
 Christopher Pearse and John George Nutting, and by 
 Messrs. Wilson and Bristows, the solicitors of and on behalf 
 of the said Mary Ann Rundell and Edmond Strong, And 
 whereas, the said arrangement cannot be fully carried into 
 effect without an act of the general assembly of this 
 province. 
 
 Be it therefore enacted, by the lieutenant governor, Leases, agree- 
 couneil, and assembly, that when and so soon as the said when^ionfirmed 
 first hereinbefore mentioned indenture shall have been duly ;ffect™£'°°^"'^ 
 executed by the said Christopher Pearse and John George 
 Nutting, or the • legal personal representative or legal per- 
 sonal representatives for the time being, of the said duke 
 of York and Albany, and by the said Mary Ann Rundell 
 and Edmond Strong, or the legal personal representative or 
 legal personal representatives, for the time being, of the 
 said Edmond Waller Rundell, and by the said Association, 
 and the said secondly hereinbefore mentioned indenture 
 shall have been duly executed by the said association, and 
 when and so soon as the said two several indentures, duly 
 executed as aforesaid, shall have been delivered to the lieu- 
 tenant governor, for the time being, of this province, then, 
 and in such case and notwithstanding, the same indentures 
 shall not have been executed by or on behalf of her majesty, 
 but not before all the said executions hereinbefore men- 
 tioned shall have been duly effected, and the said two 
 several indentures shall have been delivered to the said 
 lieutenant governor, as aforesaid, the said two several here- 
 inbefore mentioned indentures shall respectively thereupon 
 stand and be absolutely confirmed by the general assembly 
 of this Province, and the said first mentioned indenture 
 shall operate and enure as an effectual surrender of all the 
 terms, estates, and interests, thereby expressed to be sur- 
 rendered, and an effectual merger and extinguishment 
 thereof in the reversion and inheritance, and as effectual 
 releases of all the claims and demands thereby expressed to 
 be released, according to the tenure and purport of the same 
 indenture, and the said secondly mentioned indenture shall 
 operate and enure as a valid and effeetua,l grant, lease, and 
 demise of all the premises thereby expressed to be granted, 
 released, and demised for the term, at the rents, royalties, 
 and reservations, and with, under and subject to the cove- 
 nants, agreements, conditions, and provisoes by and in the 
 same indenture respectively granted, contained and reser- 
 ved, or expressed so to be according to the tenor and pur- 
 port of the same indenture, and that when and so soon as 
 all the said executions hereinbefore mentioned, shall have 
 been duly effected, as aforesaid, and the said two several, 
 indentures shall have been delivBred to the said lieutenant 
 
lOS COAL MINES, ' [PAEr L 
 
 Chap, 27. governor, as aforesaid, the same indentures sball respec- 
 ~ tively operate and take effect as from the said first day of 
 
 January, one' thousand, eight hundred and fifty-eight, an<J 
 as if the same had been duly executed the same day by all 
 the parties named as parties thereto, respectively, including 
 her majesty, and had been delivered to the said lieutenant 
 ProTiBo. governor, as aforesaid, on the same day. Provided always, 
 
 and it is hereby farther enacted, that if the said two several 
 indentures shall not be respectively duly executed, as 
 aforesaid, and delivered to the said lieutenant governor, as 
 aforesaid, during the year one thousand eight hundred and 
 fifty-eight, then, and in that case, the same indentures and 
 the enactments hereinbefore contained shall be absolutely 
 void and of none effect. 
 
 frSTud 2in''ot ^' -^^ ^*''' Si'^iog more full effect to the said lease of 
 to' apply to the first day of January, in the year one thousand eight* 
 bylease^'t^ hundred and fifty eight, be it further enacted, that in case 
 January, 1858. |}jq gg^j^ ^-^q Several indentures shall be respectively execu- 
 ted as aforesaid, and delivered to the said lieutenant gov;^r- 
 nor as aforesaid, during the year one thousand eight hun- 
 dred and fifty-eight, sections nineteen, twenty, twenty-one, 
 twenty-two, and twenty-three shall not apply to the coal 
 mines expressed to be demised by the same lease, and dur- 
 ing the continuance of the term expressed to be thereby 
 granted, but not further or otherwise. 
 taklnasVartof ^- ^'^^ ^^ i* enacted, that the schedule to this chapter 
 chapter. shall be read and taken as part of this chapter. 
 
 Indentures to 4. And be it further enacted. That when and so soon as 
 e recor e . conveniently may be, after the said two several indentures 
 shall have been respectively executed, as aforesaid, and 
 delivered to the said lieutenant governor, as aforesaid, the 
 same indenture first above mentioned shall be recorded 
 in the registry of deeds at Halifax, in the said province, and 
 the indenture secondly herein mentioned shall be recorded 
 in the registry of deeds in each of the counties in which 
 the respective areas comprised in the said lease, are situate, 
 to b'i^eoefved''^ and this chapter, or certified copies of and extracts from the 
 in evidence. registry of the same indentures respectively, under the 
 hand of the proper officer, shall be admitted as evidence of 
 the contents and due execution . of the same indentures, 
 respectively, in all courts of law and equity, or other judi- 
 cature. 
 
 SCHEDULE. 
 
 This indenture, made the 1st day of January, in the year of 
 our Lord 1858, between Christopher Pearse, of No. 35 
 Loundes Street, Belgrave Square, in the county of Mid- 
 dlesex, esquire, and John George Nutting, of No. S 
 Gloucester terrace, Hyde park, in the same county, 
 ; esquire, of the first part ; Mary Ann. Rundell, of Moncton 
 
TITLE VI.] COAL MINES. 107. 
 
 house, near Taunton, in the county of Somerset, widow; Chap. 27. 
 and the reverend Edmond Strong, of the parish of Clyst, ~" " 
 
 Saint Mary's, in the county of Devon, clerk, of the second 
 • part; the general mining association, of the third part, 
 and the Queen's most excellent majesty, of the fourth 
 part. 
 
 Whereas, by letters patent, bearing date the 25th ■ day of 
 August 1826, being in the form of an indenture made or 
 expressed to be made between his late majesty king G-eorge 
 the fourth, of the one part, and his late royal highness 
 Frederick, duke of York and Albany, of the other part, his 
 said late majesty king George the fourth granted and de- 
 mised certain mines and minerals in the province of Nova 
 Scotia, nnto the said duke of York and Albany, his execu- 
 tors, administrators, and assigns, for the term of 60 years^ 
 from the day of the date of the said letters patent, at the 
 rents or royalties therein mentioned. And whereas by an 
 indenture of underlease, bearing date the 12th day of Sep- 
 tember, 1826, and made between the said duke of York and 
 Albany, of the one part, and John Bridge, Edmond "Waller 
 Rundell, Thomas Bigge and John Gawler Bridge, all since 
 deceased, of the other part, the said duke of York and 
 Albany granted and demised the same mines and minerals 
 unto the said John Bridge, Edmond Waller Rundell, 
 Thomas Biggo, and John Gawler Bridge, their executors, 
 administrators, and assigns, for the then residue of the- 
 said term, of sixty years, except the last day thereof, at 
 the rents or royalties therein mentioned. • And whereas, 
 in the reign of his late majesty king William the fourth, an 
 agreement was entered into between his said majesty's then ^ 
 
 secretary of state for the colonies, on behalf of the crown, . j 
 
 and the said John Bridge, Edmond Waller Rundell, Thomas 
 Bigge, and John Gawler Bridge, for a grant or lease from' 
 the crown, to them the said John Bridge, Edmond Waller 
 Rundell, Thomas Bigge, and John Gawler Bridge, of 
 certain mines and minerals in the said province, which 
 were not included in, or were 'excepted out of, or were- 
 alleged not to be included in, or to be excepted out of the' 
 said letters patent and indenture of underlease respectively, 
 at certain rents and royalties, but no grant or lease was ever 
 executed in pursuance of the said agreement. And where- 
 as, the said association became absolutely entitled to all the 
 beneficial estate and interest under the said indenture of the 
 12th day of September, 1826, and the said agreement, but 
 no assignment to them of the premises comprised therein 
 respectively, or any part thereof has ever been executed. 
 And whereas, the said association has worked various coal J 
 
 mines under or by virtue of the said indenture of underlease 
 and the said agreement respectively. And whereas, the 
 said Frederick, duk« of York and Albany, died in the month 
 
108 COAL MINES. [PART I; 
 
 Chap. 27. of January, 1827, having duly made his last will, bearing 
 ~ date the 26th day of December, 1826, and thereby appointed 
 Sir Herbert Taylor and Sir Benjamin Charles Stephenson 
 his executorSj by whom the said will was, on or about the 
 30th day of January 1827, duly proved in the prerogative 
 court of the archbishop of Canterbury. And whereas, the 
 said Sir Benjamin Charles Stephenson survived the said Sir 
 Herbet Taylor, and died on the 10th day of June, 1839, in- 
 testate. And whereas, on the 19th day of February, 1840, 
 letters of administration to the estate and effects of the said 
 duke of York and Albany, then left unadministered, were 
 granted to the said Christopher Pearse and John G-eorge 
 Nutting by the prerogative court of the archbishop of Can- 
 terbury. And whereas, on the 27th day of May, 1851, letters 
 of administration to the estate and effects of the said duke of 
 York and Albany, in the said province of Nova Scotia, were 
 granted to Lawrence Hartshorne, as the attorney and on the 
 behalf of the said Christopher Pearse and John George 
 Nutting, as such administrators as aforesaid, by the proper 
 court in the said province, and by an indenture bearing date 
 the 5th day of February, 1852, and made between the said 
 Lawrence Hartshorne, of the one part, and the said Chris- 
 topher Pearse and John George Nutting, of the other part, 
 the said mines, minerals, and premises, comprised in and 
 granted and demised by the said hereinbefore recited letters 
 patent, were assigned by the said Lawrence Hartshorne 
 unto the said Christopher Pearse and John George Nutting,- 
 their executors, administrators, and assigns. And whereasj 
 many years ago, disputes arose between the said Sir Her- 
 bert Taylor and Sir Benjamin Charles Stephenson as the 
 legal personal representative of the said duke of York and 
 Albany and the said association, concerning the rents and 
 royalties payable under or by virtue of the said indenture 
 of the 12th day of September, 1826, and suits were insti- 
 tuted in the high court of chancery by the said Sir Herbert 
 Taylor and Sir Benjamin Charles Stephenson as such legal 
 personal representatives as aforesaid, against the said 
 Edmond WaUer Rundell and others, for determining such 
 disputes, and suits of revivor and supplement have since 
 been instituted in relation thereto. And whereas, an agree- 
 ment for compromising the said disputes was entered into be- 
 tween the said Christopher Pearse and John George Nutting- 
 and the said association, with the approbation of the legal- 
 advisers of her present majesty, queen Victoria, and with 
 the approbation of the said court of chancery in the said 
 suits, and in certain suits instituted in the said court for 
 administering the estate of the said duke of York and 
 Albany, and the terms of such agreement were expressed in 
 an indenture, bearing date the 29th day of May, 1849, and 
 made between the said Edmond Waller Rundell, Thomas 
 Bigge, and John Gawler Bridge, of the first part, the said 
 
TITLE VI.] COAL MINES, , 109 
 
 association, of the second part, the said Christoplier Pearse Chap.' 27. 
 and John George Nutting, of the third part, and Robert 
 Moser, Alfred Charles Bridge and Henry Warre, of the 
 fourth part, and such terms were in part to the effect that 
 the said letters patent bearing date the 25th day of August, 
 1826, and the said indenture of underlease of the 12th day 
 of September, 1826, and the said agreement entered into in 
 the reign of king William the fourth,- for a lease from the 
 crown hereinbefore respectively recited or mentioned, should 
 be surrendered to her majesty, and that a new lease of 
 the said mines should be granted by her majesty to the said 
 Christopher Pearse, and John George Nutting, as such 
 legal personal representatives as aforesaid, at certain rents 
 or royalties, and that a new underlease of the same mines 
 should be granted by the said Christopher Pearse and John 
 George Nutting to the said association, at certain rents or 
 royalties, and further, that in the meantime and until such 
 lease and underlease should be granted, the said association 
 should invest the rents and royalties which would be payable 
 as part of the estate of the said duke of York and Albany, 
 if such lease and underlease had been actually granted in 
 the purchase of bank £3 per cent, annuities, and should 
 accumulate the dividends thereof. And whereas the terms 
 of the said agreement were afterwards modified with the 
 approbation of the said court in the said suits. And 
 whereas, it became impracticable to carry the said agree- 
 ment into effect by reason of the provisions of the act of 
 the general assembly of the said province of Nova Scotia 
 entituled, " An act for transferring the crown revenues of 
 Nova Scotia and providing for the civil list -there of," which 
 was passed on the eighth day of March, 1849, and received 
 the royal assent on the 29th day of June, 1849, and whereby 
 the light and title of her majesty in and to the said mines 
 and minerals and the rents and royalties payable for or in 
 respect of the same, were assigned, transferred, and surren- 
 dered to the disposal of the general assembly of the said 
 province, without making any provision for carrying out 
 the said agreement. And whereas, the said Edmond Waller, 
 Rundell survived the said John Bridge, Thomas Bigge, and. 
 John Gawler Bridge, and died on the 10th day of February, 
 1857, having first duly made and signed. his last will and 
 testament in writing, bearing date on or about the 19th day 
 of October, 1853, and thereof appointed the said Mary Ann 
 Eundell and Edmond Strong, j executrix and executor 
 respectively, who, on or about the fifth day of March, 1857, 
 duly proved the said will, together with a codicil thereto, in 
 the prerogative court of Canterbury. And whereas, with a 
 view to a final settlement of all matters in difference between 
 the said Christopher Pearse and John George Nutting, as 
 such legal personal representatives as aforesaid, and the said, 
 association, it has been agreed between them, with the 
 
110 COAL MINES. [PABT I. 
 
 Chap. 27. approbation of her majesty, and of the said court in the 
 said suits, so instituted as aforesaid, that the said association 
 should purchase for the sum of £120,000 all the term, 
 estate, and interest whatsoever of the said Christopher 
 Pearse and John George Nutting, as such legal personal 
 representatives as aforesaid, whether under or by virtue of 
 the said letters patent of the 25th day of August, 1826, or 
 the said indenture of underlease of the 12th day of Septem- 
 ber, 1826, or the said indenture of the 29th day of May, 
 1849, or the modifications of the agreement expressed 
 therein, or otherwise howsoever, of and in all the mines, 
 minerals and premises in the said province of Nova Scotia, 
 comprised in and demised by the said indenture of under- 
 lease, or forming the subject of the said indenture of the 
 29th day of May, 1849, or the modifications of the agree- 
 ment expressed therein, and of and in the rents, royalties, 
 reservations, and payments payable in respect of the same, 
 and of and in all the bank annuities in which any of the said 
 rents, royalties, reservations, and payments have been in- 
 vested, and the accumulation thereof. And the said Chris- 
 topher Pearse and John George Nutting, and the said Mary 
 Ann Rundell and Edmund Strong, at the request of the said 
 association, have agreed to make and execute the surrender 
 hereinafter on their part contained. And whereas, all the 
 rents, royalties and reservations, which have become payar 
 ble to her majesty for or in respect of the said mines and 
 minerals, or any of them, up to and including the 31st day 
 of December, 1857, have been duly paid and satisfied. And 
 it has been agreed that the releases hereinafter' contained 
 should also be executed, it being understood and agreed 
 that an act of the general assembly of the said province of 
 Nova Scotia will be passed and assented to by her majesty 
 for confirming and giving more full efiect to these presents : 
 Now this indenture witnesseth, that in pursuance of the 
 said agreement in this behalf, and in consideration of the 
 sum of £120,000 to the said Christopher Pearse, and John 
 George Nutting, by the said association, paid at or imme- 
 diately before the sealing and delivery of these presents, 
 the receipt of which is hereby acknowledged, and for other 
 the considerations hereinbefore recited, the said Christo- 
 pher Pearse and John George Nutting, and the said Mary 
 Ann Rundell and Edmond Strong, at the request and by the 
 direction of the said general mining association (testified 
 by their execution of these presents,) and the said general 
 mining association, according to their several and respective 
 estates and interests in the premises, do each, and every of 
 them doth, surrender, release, and yield up unto the queen's 
 
 ' m.ost excellent majesty, her heirs and successors, all the 
 
 • mines, minerals, powers, and premises whatsoever, comprised 
 
 in and granted or demised by the said hereinbefore recited 
 
 letters patent of the 25th day of August, 1826, and all the 
 
TITLE VI.] COAL MINES, HI 
 
 mines, minerals, and premises agreed to be granted or Chap. 27; 
 demised by or forming the subject of the said agreement, ' ' 
 
 entered into in the reign of his late majesty, king William 
 the fourth, for a lease from the crown as hereinbefore is 
 mentioned. And all the estate, right, title, interest, claim, 
 and demand whatsoever, either at law or in equity, of the 
 said surrendering parties and every of them, in, to, and out 
 of the said premises, to the intent that the several residues 
 now unexpired of the said term of sixty years, granted by 
 the said letters patent, and of the said term of sixty years 
 wanting one day, granted by the said indenture of under- 
 lease, and all the interest agreed to be granted by the said 
 agreement entered into in the reign of his late rnajesty 
 king William the fourth, for a lease from the crown, and all 
 other the estate, term, and interest of the said surrendering 
 parties, and every of them, in the mines or minerals in the 
 said province of Nova Scotia, and every part thereof, may 
 be merged and extinguished in the reversion and inheritance 
 of the said premises. And this indenture further witnesseth, 
 that in consideration of the premises, our said sovereign 
 lady the queen, of her especial grace, certain knowledge, 
 and mere motion, doth acquit, release, and for ever discharge 
 the said Christopher Pearse, and John George Nutting, their 
 heirs, executors, and administrators, and the estate and effects 
 of the said duke of York and Albany, and also the said Mary 
 Ann Eundell, and Edmond Strong, respectively, their re- 
 spective heirs, executors, and administrators, and the estates 
 and effects of the said John Bridge, Edmond Waller Run- 
 dell, Thomas Bigge, and John Gawler Bridge, respectively, 
 and also the said association and their successors, of and 
 from all and aU manner of actions, suits, extents, accounts, 
 reckonings, sums of money, rents, royalties, reservations, 
 costs, charges^ expenses, claims, and demands whatsoever, 
 which either at law or in equity our said sovereign lady the 
 queen, her heirs or successors, now hath or have, or here- 
 after shall or may or otherwise could or might have, under 
 or by virtue of the said hereinbefore recited letters patent 
 and underlease, or the said hereinbefore mentioned agree- 
 ment, entered into in the reign of his late majesty king 
 William the fourth, for a lease from the crown, or the said 
 indenture of the 29th day of May, 1849, or the modifications 
 made in the agreement therein expressed, or by reason of 
 the said suits instituted as aforesaid, or any of them, or in 
 any wise relating to the premises. And this indenture 
 further witnesseth, that in consideration of the premises 
 the said Christopher Pearse and John George Nutting, do, 
 and each of them doth, acquit, release, and for ever discharge 
 the said Mary Ann Eundell and Edmond Strong, respectively, 
 their respective heirs, executors, and administrators, and 
 the estates and effects of the said John Bridge, Edmond 
 Waller Rundell, Thomas Bigge, and John Gawler Bridge, 
 
112 CO'AL MINES. [part I, 
 
 Chap.' 27. respectively, and also tlie said association and their succes- 
 sors, of and from all and all manner of actions, suits, 
 accounts, reckonings, sums of money, rents, royalties, reser- 
 vations, costs, charges, expenses, claims and demands what- 
 soever, which, either at law or in equity, they, the said 
 Christopher Pearse and John Geqrge Nutting, as such legal 
 personal representatives as aforesaid, or either of them, or 
 the heirs, executors, or administrators of them, or either of 
 them, or the legal personal representative, or legal personal 
 representatives, for the time being, of the said duke of 
 York and Albany, have or hath or hereafter shall or may or 
 otherwise could or might have, under or by virtue of the 
 said hereinbefore recited underlease, or the said indenture 
 of the 29th day of May, 1849, or the modifications made in 
 the agreement therein expressed, or by reason of the said 
 suits instituted as aforesaid, or in anywise relating to the 
 premises. And this indenture further witnesseth, that in 
 consideration of the premises, the said Mary Ann Rundell 
 and Bdmond Strong, at the request and by the direction of 
 the said association, (testified as aforesaid), and the said 
 association do and each of them doth acquit, release, and 
 forever discharge the said Christopher Pearse and John 
 George Nutting, and each of them, and the heirs, executors, 
 and administrators of them, and each of them, and the 
 estates and effects of the said duke of York and Albany, 
 Sir Herbert Taylor, and Sir Benjamin Charles Stephenson, 
 respectively, of and from all and all manner of actions, suits, 
 accounts, reckonings, sums of money, rents, royalties, reser- 
 vations, costs, charges, expenses, claims and demands what- 
 soever, which, either at law or in equity, the said Mary Ann 
 Eundell and Bdmond Strong, his heirs, executors, or admi- 
 nistrators, or the said association, or their successors or 
 assigns hath or have, or hereafter shall or may, or other- 
 wise could or might have, under or by' virtue of the said 
 hereinbefore recited underlease, or the said indenture of 
 the 29th day of May, 1849, or the modifications made in the 
 agreement therein expressed, or by reason of the said suits 
 instituted as aforesaid, or any of them, or in anywise 
 relating to the premises. 
 In witness, &c. 
 
 This indenture, made the first day of January, 1858, between 
 the queen's niost excellent majesty, of the one part, and' 
 the general mining association, of the other part,, WIT- 
 NESSETH : 
 
 That in consideration of certain surrenders and releases, 
 effected and contained in and by a certain indenture, bearing 
 even date with these presents, and made or expressed to be 
 made between Christopher Pearse and John George Nutting, 
 of the first part, Mary Ann Rundell and Edmond Strong, of 
 'ho -"cond part, the fvA a??oo.iat;on, of the third part, and 
 
TITLE VI.] COAL MINES. 123 
 
 her majesty, of the fourth part, and in consideration of thp Chap. 27. 
 
 rents and royalties hereby reserved, and of the covenants 
 
 and agreements herein contained, and on the part of the said 
 association, their successors, and assigns, to be observed and 
 performed, our said sovereign lady the queen, of her espe- 
 cial grace, certain knowledge, and mere motion, doth grant 
 and demise unto the said association, their successors, and 
 assigns, all and singular the beds and seams of coal, whether 
 opened or unopened, within, under, or upon, the six several 
 tracts of land hereinafter described, that is to say : 
 
 First, within, under, or upon, all that tract in the island of gydney^'""'^^' 
 Cape Breton, which comprises the works of the association 
 on or near Sydney harbour and on or near Point Aconi, and 
 is bounded as follows, that is to say : beginning at Stubbert's 
 Point a;bove Indian Cove on the northern shore of Sydney 
 harbour, thence running in a northerly direction, and cross- 
 ing the Little Bras d'Or to the head of Mill Pond on Boular- 
 derie Island, where the Aconi Brook enters into said pond, 
 thence northerly by the eastern side of said pond to the sea 
 shore, and round Point Aconi and north-eastwardly by the 
 shore, crossing the little entrance of the Bras d'Or round 
 Cranberry Head, and thence along the northern shore of 
 Sydney harbour to the place of beginning. 
 
 Secondly, within, under, or upon all that tract in the island Tra«t at Lin- 
 of Cape Breton, which lies on the soxithern side of Sydney 
 harbour, and comprises the works of the association at Lin-- 
 gan on the north side of Bridgeport harbour, and is bounded 
 as follows, that is to say : beginning on the southern side of 
 Sydney harbour at McPhee's brook or ferry ; thence run- - 
 ning in a southerly direction to the mouth of the north-west 
 brook, so called, which empties into Bridgeport basin ; thence 
 by the northern shore of said basin to Indian bay, and by the 
 shore of the said bay eastwardly to the " North Head" on 
 the sea shore ; thence northwardly and westwardly by the 
 sea shore and Sydney harbor to the place of beginning. 
 
 Thirdly, within, under, or upon all that tract in the island ^f?"*''* 
 of Cape Breton which lies on the southern shore of Indian '^^ °^^°' 
 Bay or Bridgepoi-t, and comprises the ancient works of the 
 association on the southern side of Bridgeport, and is 
 bounded as follows, that is to say : beginning at a point on 
 the southern shore of Indian Bay at the distance of 25 
 chains,. westwardly by the shore from Level Mouth (so call- 
 ed)-; thence south 35 deg. 45 min. west (being parallel to the 
 out-crop of the coal seam on this tract) 98 chains to a tree 
 marked as a corner bound ; thence south 54 deg. 15 min. east 
 102 chains and 30 links to a squared post on the east side of 
 Caddigan's or Cadougan's Brook, thence parallel with the 
 line first described 131 chains, or to the shore of DSad 
 Man's Cove at a point distant 5 chains, eastwardly by the 
 shore of said cove from the mouth of said brook ; thence 
 wes,twardly by the shore of .said cove and Indian Bay, to the 
 
114 COAL MINES. [PAET' I. 
 
 Chap. 27. place of beginniug, comprising an area by measurement of 
 
 ' two square miles. 
 Tract at Piotou Fourthly, within, under, or upon all that tract near New 
 -Albion mines. Qj^sgow in the conuty of Pictou,ancl comprising the works 
 of the association known as the Albion mines, and ig bound- 
 ed as follows, that is to say: beginning at the southern 
 angle of the church at the Albion mines ; thence south 57 
 deg. 20 minutes east (being on the same range with a line 
 running through the spire of said church) 104 chains and 
 88 links to post No. 1. marked G. M. A. ; thence north 32 
 deg. 40 minutes east crossing McLellan's Brook 106 chains 
 and 70 links to post No. 2 marked G. M. A. ; thence north 
 67 deg. 20 minutes west (crossing the East River of Pictou) 
 240 chains to post No. 3 marked G. M. A. ; thence south 
 32 deg. 40 minutes west 106 chains and 70 links to post No. 
 4 marked G. M. A. ; thence south 57 deg. 20 minutes east 
 - through the spire of the church aforesaid to the place of 
 beginning, and which last mentioned tract covers an area of 
 four square miles by measurement. 
 Tract at Jog- Fifthly, within, under, or upon all that tract lying in the 
 gnsin Cumber- county of Cumberland en The shore of Cumberland basin, 
 at or near the Jogging; so called, and comprising the works 
 of the association at the Joggins, and is bounded as follows, 
 that is to say: Beginhing at a squared post marked 1857 
 on the bank of the shore of Cumberland basin 2 chains and 
 75 links southward by the said shore from the mouth of 
 Dennis Brook ; thence south 73 deg. 30 min. east 256 chains 
 to a squared post marked 1857 ; thence north 16 deg. 30 
 min. east 100 chains to a squared postmarked 1857 ; thence 
 north 73 deg. 30 min. west, passing a post at high water 
 mark oii the Joggins shore of the basin aforesaid, and 
 extending thereby .into said basin until the whole distance 
 of 256 chains has been run out ; thence south 16 deg. 30 
 min. west to the place of beginning crossing the mouth of 
 Dennis Brook, comprising an area of four square miles by 
 measurement. 
 Tract at Spring And sixthly, within, under, or upon all that tract lying in 
 beria'nd?'""' the couuty of Cumberland at or near Spring Hill, so called, 
 and is bounded as follows, that is to say : Beginning at a 
 birch tree at the south-west angle of a lot containing one 
 hundred and twenty-eight acres, granted to the general 
 mining association by letters patent bearing date 26th April, 
 1849, (vide book 16, No. 1494 of the. registry of grants in 
 the crown land office, Halifax) ; thence south 40 deg. east 
 39 chains and 50 links to a squared post marked 1857 ; 
 thence north 50 deg. east 160 chains to a postmarked 1857 ; 
 thence north 40 deg. west 160 chains to a post marked 1857 ; 
 theftee south 50 deg. west 160 chains to a post at Mill Pond 
 on Coal Mine brook and marked 1857 ; thence south 40 deg. 
 east 120 chains and 50 links to the place of beginning, and 
 which last mentioned tract covers an area of four square 
 
TITLE- VI.] COALMINES. 115 
 
 miles by measurement, which said several courses indicate Qhap. 27. 
 the direction of the magnet at this date — and which said ' 
 
 six areas or parcels have been , surveyed and laid off by 
 officers of the association under the supervision of officers 
 of the government of Nova Scotia, and plans thereof, sub- 
 scribed by the said officers respectively, have been lodged 
 in the office of the commissioner of crown lands at Halifax, 
 for explanation of the limits and boundaries of the said 
 areas and parcels, as by th« said plans, upon reference 
 thereto, may more fully appear. 
 
 And also, so far as her majesty, with the concurrence of 
 the general assembly of the said province of Nova Scotia, 
 can or lawfully may give or grant the same, full and free 
 liberty, license, and authority, to and for the said association, 
 their successors and assigns, and their tenants, servants, 
 workmen and agents, to search for, dig, work, and take, such 
 beds and seams of coal, and to make or use any pit and pits, 
 trench and trenches, quarry and quarries, groove and 
 grooves, and to drive and use any drift and drifts, Watergate 
 and watergates, waygate and waygates, airgate and airgates, 
 watercourse and watercourses, as well for working, winning, 
 obtaining and getting the said coal, as also for voiding and 
 carrying away, the water, foul air, and rubbish from the 
 mine thereof, and also to make or use and enjoy sufficient 
 and convenient pit room, ground room, and heap room, 
 within the limits of the said tracts or districts hereinbefore 
 described, for the laying and placing as well the coal which 
 has heretofore been had, wrought, won, or gotten, or which 
 shall, from time to time hereafter, be had, wrought, won, or 
 gotten, from or out of the said coal mines, or any of them, 
 as also all such stones, gravel, sand, deads, and other rub- 
 bish, which has heretofore proceeded or been had or gotten, 
 or shall hereafter proceed or be had or gotten from or out 
 of the said mines, or any of them, or in the working ■ or 
 digging thereof, or in getting or raising the said coal, and 
 also to make, place, erect, and set up, or use within the 
 limits of the said tracts or districts, and every of. them, all 
 such gins, engines, furnaces, refineries, cupolas, foundries, 
 cranes, forges, mills, houses, stables, hovels, lodges, sheds, 
 offices, and other machinery, buildings, and erections as shall, 
 from time to time, be needful or convenient for opening, 
 working, or drawing the said mines, and every or any of 
 them, and for lodging, stacking, depositing or placing the 
 same,, and for burning and making bricks, tiles, and pipes, 
 and for withdrawing or carrying away of water from the 
 said mines, and every or any of them, or for the standing, 
 lodging, laying or placing of the workmen, work-horses and 
 work-gear, to be used or employed in or about the making 
 and cai-rying on the works of the said mines, respectively, 
 and also within the limits of the said tracts or districts, and 
 ever3^ or any of them, to use and . enjoy all such gins, 
 
116 COAL MINES; [PAKT I. 
 
 C'hai'. 27. engines, ftirnaces, refineries, cupolas, foundries, cranes, 
 
 ' forges, mills, houses, stables, hovels, lodges, sheds, ofSces, 
 
 and other machinery, buildings, and erections, as have been 
 heretofore made, placed, erected and set up within the 
 limits of the said tracts or districts, or any of them, for the 
 purposes aforesaid, and are now standing or being thereon, 
 and also within the limits of the said tracts or districts, and 
 every or any of them, to use and enjoy sufficient and con- 
 venient way, leave, and liberty of passage, and liberty to 
 make, lay, and place, one or more way or ways, railway or 
 railways, tramroad or tramroads, and to remove, take away, 
 amend and repair, alter and change the same, respectively, 
 and to take, lead, drive and carry away, in, through, along, 
 and over, the said way or ways, railway or railways, tram- 
 road or tramroads, and in, through, along, and over any 
 way or ways, railway or railways, tramroad or tramroads, 
 heretofore made and now subsisting within the limits- 
 of the said tracts or district, or any- of them, and with 
 horses, carts, wains, waggons, or any other carriage or 
 carriages, and with engines, all the coals to be had, 
 wrought and gotten forth and - out, of the said mines, 
 and all other substances necessary or convenient to *be 
 removed therefrom. And also so far as her majesty: 
 "with the concurrence of the general assembly of the 
 said province, can or lawfully may give or grant the- 
 same, full and free liberty, license and authority, for the 
 said association, their successors and assigns, to make such 
 ways, roads, railways and tramroads, through, across, or 
 over any lands in the vicinity of and other than the said 
 tracts or districts, from and to any mine or mines under or 
 upon the said tracts or districts, or any of them, to and from 
 such navigable water as shall be considered by the said 
 association, their successors or assigns, njost convenient and 
 suitable for the shipment of coal or the carriage of mate- 
 rials for the purposes of their mining operations and the 
 agents and workmen of the said association, in such places- 
 as shall be reasonable, and shall by the said association, their 
 successors or assigns, be thought best, and for the purposes 
 aforesaid, and no other purposes, to use all such ways,- 
 roads, railways and tramroads, as shall be so made, the said' 
 association, their successors and assigns, doing as little 
 damage as possible thereby, and paying to our sovereign 
 lady the queen, her heirs or successors, by the hands of the 
 lieutenant-governor, for the time being, of the said- province, 
 for the use of the said province, a full and fair compensation, 
 in respect of the exercise of the said last mentioned 
 rghts of way, the position and dimensions of such ways, 
 roads, railways and tramroads, and the amount of the said' 
 compensation to be respectively determined, in case of dif- 
 ference, by the arbitration and award, in writing, of any two 
 cut of three; indiifer&nt persons, to be appointed-in manner 
 
TITLE VI.] COAL MINES. 2]7 
 
 following, that is to say : one to be appointed in writing by Chap. 27.. 
 
 the lieutenant governor, for the time being, of the said pro- 
 
 vince, and another to be appointed in writing by the said 
 association, their successors, or assigns, or in case either of 
 the said parties shall refuse or neglect to appoint an arbitrator 
 for the space of one calender month after being required in 
 writing by the other party so to do, then both the said two 
 indifferent persons to be appointed in writing, by such other 
 party, and the other of such three indifferent persons to be 
 appointed in writing by the said two indifferent persons to 
 be first appointed as aforesaid; and generally to have, 
 hold, use, and enjoy, during the continuance of this grant 
 or demise, all other powers and privileges whatsoever, with- 
 in, over and upon the said tracts or districts, or any of them 
 which shall or may be useful, necessary, or convenient for, 
 or in or about the searching for, winning, working, digging, 
 getting, or drawing of coal from, and out of the said mines, 
 or any of them, and taking and carrying away the same, and 
 for stacking and lodging the same, or any part thereof, and 
 which her majesty, with the concurrence of the general 
 assembly of the said province, can or lawfully may give or 
 grant, they, the said association, their successors and 
 assigns, and their tenants, servants, agents, aud workmen, 
 doing as little spoil and damage of ground as possible with- 
 in the limits of the said tracts or districts, in searching for, 
 winning, working, having, exercising and enjoying of the 
 premises, and the several powers, liberties, and privileges 
 hereby granted and demised, save and except, nevertheless, 
 and reserving out of these presents unto our said sovereign 
 lady the queen, her heirs and successors, and her or their 
 lessees, of all or any of the ifiines, in, under, or upon any 
 part of the said province, except the said tracts or districts 
 hereinbefore described, but with such restrictions as here- 
 inafter mentioned, fall and free right and liberty to make, 
 and to use when so made, such ways, roads, railways, and 
 tramroads, through, across or over the said tracts or dis- 
 tricts, or any of them, from and to any mine or mines, in, 
 underj or upon any part of the said province, except the 
 said tracts or districts, to and from such navigable water, as 
 shall be considered' by the lieutenant governor, for the 
 time being, of the said province, or the lessees of the same 
 mine or mines, most covenient and suitable for the shipment 
 of coal and other minerals, in such places as shall be reason- 
 able, and shall by such lieutenant governor, for the time 
 being, or such lessees, be deemed best, and also, full and 
 free right and liberty for the said lieutenant governor for 
 the time being, or the lessees of such mine or mines, but 
 with such restrictions as hereinafter mentioned, to erect on 
 the said tracts or districts hereinbefore described, or any 
 part thereof, and to use and enjoy when so erected any siTch 
 works, buildings, wharves, or other establishments neces- 
 
118 COAL MIKES, [PAET I, 
 
 Chap. 27. sary or convenient for the working and winning of coal or 
 other minerals, or the successful carrying on of any collieries 
 or mining establishments, hi, under, or upon any part of the 
 said province, except the said tracts or districts herein- 
 before described, but so as not to obstruct in any material 
 degree, nor unless in case of absolute necessity, to interfere 
 with the operations, from time to time, of the said associa- 
 tion, and so that such lessees as aforesaid shall not have or 
 be entitled to use or exercise any such rights or liberties 
 as are hereby expressed to be excepted and reserved, save 
 only when the same rights and liberties shall be specially 
 granted in, and shall also be (as nearly as conveniently may 
 be) particularly and precisely specified, limited and descri- 
 bed as to position and dimensions and other material particu- 
 lars in the leases under which such lessees shall claim 
 or be entitled to the aforesaid mines or any of them, 
 the said province or the lessees of such mines as aforesaid 
 paying to the said association, their successors or assigns, 
 a full and fair compensation in respect of the exercise 
 of the said rights and privileges so excepted and reserv- 
 ed as aforesaid or any of them, the position and dimen- 
 sions and other material particulars of the said ways, roads, 
 railways and tramroads, works, buildings, wharves or other 
 establishments, and the amount of the said compensation to 
 be respectively determined, in case of difference, by the arbi- 
 tration and award, in writing, of any two out of three indif- 
 ferent persons to be appointed in the manner following, that 
 is to say, one to be appointed, in writing, by the lieutenant 
 governor for the time being, of the said province, or in 
 case of a lease of any of the said mines by such lessees, 
 as aforesaid, who may be interested in the question, another 
 to be appointed, in writing, by the said association, their 
 successors or assigns,' or in case either of the said parties 
 shall refuse or neglect to appoint an arbitrator for the space 
 of one calendar month after being required in writing by 
 the other parfy so to do, then both the said two indifferent 
 persons to be appointed, in writing, by such other party, and 
 the other of the said three indifferent persons to be appointed 
 in writing, by the two indifferent persons to be first 
 appointed, as aforesaid. To have and to hold the said beds 
 and seams of coal, mines, powers, authorities, and • all and 
 singular other the premises hereby granted and demised, or 
 expressed so to be, imto the said association, their succes- 
 sors and assigns, for and during and unto the full end and 
 term of twenty-eight years, to commence and be computed 
 from the 1st day of January, 1858, and also for such portion 
 of the next succeeding year as shall elapse previously to 
 the 25th day of August in tlie same year, being the year 
 1886, and fully to be complete and ended, yielding and 
 rendering therefor unto our sovereign lady the queen, her 
 heirs and successors, yearly and every year, on the 1st day 
 
TITLE VI.] COAL MINES. |]^g 
 
 of March, during the continuance of this grant or demise, Ohap. 27. 
 
 at Halifax, in the said province, or at such other place or ' 
 
 places as the lieutenant governor, for the time being, of the 
 said province, shall think fit, and by writing under his hand, 
 appoint through the hands or by the receipt of the lieutenant 
 governor, for the time being, of the said province of Nova 
 Scotia, for the use of the said province, the rent or royalty 
 of six pence, Halifax currency, for every ton of coal of 
 2240 lbs. (except coal now' known in the said province as 
 slack coal, and except coal to be used by the workmen of 
 the said association, or to be used in carrying on the works 
 or operations of the said association,) which shall, in any 
 and each year, commencing with the said 1st day of 
 Januar}'-, 1858, and thenceforth during the continuance of 
 this grant or demise, be wrought or gotten forth or out of the 
 said beds or seams hereby granted and demised, or any of 
 them, and sold up to and including the first 250,000 "tons 
 which shall be so wrought or gotten and sold in any and 
 each year, and the rent or royalty of four-pence, Halifax 
 currency, for every ton of coal of 2240 lbs., (except as afore- 
 said,) which shall in any and each year, commencing with 
 the said 1st day of January, 1858, and during the continu- 
 ance of this grant or demise, be wrought or gotten forth or 
 out of the said beds or seams hereby granted or demised, 
 or any of them, and sold over and above the first 250,000 
 tons, which shall be wrought or gotten and sold in such and 
 the same year ; the first payment of the said rents or royal- 
 ties, hereby reserved, to be made on the 1st day of March, 
 1859, and the rents and royalties which shall be payable for 
 or in respect of all coal which shall be wrought or gotten 
 and sold during the portion of a year, commencing with the 
 first day of January, 1886, and ending with the 25th day of 
 August, 1886, to be paid on the 25th day of October in the 
 same year, 1886. And the said association, for themselves, 
 their successors and assigns, do covenant with our sovereign 
 lady the queen, her heirs and successors, that the said asso- 
 ciation and their successors shall and will well and truly 
 pay or cause to be paid unto our said sovereign lady the 
 queen, her heirs and successors, through the hands or by 
 the receipt of the lieutenant governor, for the time being, 
 of the said province, at the times and in manner afore- 
 said, the said rents or royalties hereby reserved, or intended 
 so to be. And that the said association, their successors 
 and assigns, shall and will, during the continuance of this 
 grant or demise, keep or cause to be kept, one or more 
 book or books of account, wherein true entries shall be made 
 of all such,coal as shall from time to time be wrought or 
 gotten forth or out of the said beds or seams hereby granted 
 and demised and sold by the said association, their succes- 
 sors or assigns, or their workmen or sei-vants, on and from 
 the said 1st day of January, 1858, during the continuance 
 
120 COAL MINES. [FAET I. 
 
 ("'hap. 27. of this' grant or demise, distinguishing in such accounts 
 large coal from the said slack coal. And that it shall be 
 lawful for the liuetenant governor, for the time being, of the 
 eaid province, or such person or persons as he shall appoint 
 under his hand arid. seal from time to time, to have free 
 access and liberty to inspect and take copies of the said 
 books of account; and that the said association, their 
 successors or assigns, shall and will on the 1st Monday in 
 February, or within two calendar months afterwards in 
 every year during the continuance of this grant or demise, 
 deliver, or cause to be delivered, unto such lieutenant 
 governor as aforesaid, or to such person or persons as he 
 shall appoint in manner aforesaid, one or more affidavit or 
 affidavits, to be made by two or more credible persons prin- 
 cipally employed in or about the working and management 
 of the said beds or seams hereby granted and demised, that 
 the entries which shall from time to time be made in such 
 book or books of account, as aforesaid, do contain a full 
 and true account of the quantities of all such coal as shall 
 be wrought or gotten and sold in each and every year 
 in all or any part of the premises, which affidavit or 
 affidavits shall be duly sworn before the said lieutenant 
 governor for the time being, or before some justice of 
 the peace in the same province. And likewise that the 
 said association, their successors or assigns, shall and 
 will annually, during the continuance of this grant and 
 demise, lay or cause to be laid before the said lieutenant 
 governor for the time being, upon the oaths of two or more 
 credible persons, principally employed in or about the 
 working and management of the said mines, respectively, 
 a full, true and particular account in writing of the num- 
 bers, names and situation of the said mines, respectively, 
 and other competent and sufficient descriptions thereof, 
 and also of the numbers, names, and situation, and other 
 competent and sufficient descriptions of all and every the 
 shafts, adits, levels, drains, and other works whatsoever be- 
 longing thereto respectively, and the several works thereof 
 And also a full, true and particular account, to be authenti- 
 cated as aforesaid, of the number on the average of the two 
 preceding years of persons employed in and about the said 
 mines, respectively, and the works thereof And also that 
 the said association, their successors - or assigns, shall and 
 will, during the continuance of this grant and demise, keep 
 and have forthcoming, at all seasonable times, to the lieute- 
 nant-governor, for the time being, of the said province, or 
 such person or persons as he shall in that behalf, by writing 
 under his hand, appoint, with liberty to him and them to 
 make copies of or extracts from the same, and at some con- 
 venient place, upon each of the said areas, the coal mines 
 whereof are hereby granted or demised, or within two miles 
 thereof, respectively, an accurate plan or plans of the mines 
 
TITLE VI.] .COAL MINES. 12>1 
 
 comprised in such area, and of the workings thereof, and of Chap. 27. 
 all the shafts, adits,- levels, drains and other works whatso- 
 ever belonging thereto. And also that the said association, 
 their successors or assigns, shall not nor will, at any time 
 or times hereafter, during the term hereby granted, assign, 
 transfer, or set over, or otherwise part with, the premises 
 hereby granted and demised, or any part thereof, to any 
 person or persons whomsoever, without the license, consent 
 or approbation of our said sovereign lady the queen, her 
 heirs or successors, first had and obtained for the doing 
 thereof, to be signified under her or their signet, or sign 
 manuel, or under the sign manual of the lieutenant-governor 
 for the time being, of the said province, or under the great 
 seal of the united kingdom of Great Britain, and Ireland, or 
 of the said province. And also that it shall be lawful for 
 any inspector or inspectors, viewer or viewers, agent or 
 agents, to be by the said lieutenant-governor for the time 
 being, appointed under his hand, at any time during the 
 continuance of this present grant or demise, when, and as 
 any of the shafts of the said mines are at work, to descend 
 by the ropes, rollers, gins, or engines, or other utensils used 
 at any of the said shafts, of or belonging, or which shall 
 belong, to the said mines, respectively, or any of them, into 
 the said mine, shafts or pits, or any of them, to plumbline, 
 view and survey the works thereof, and to view and see 
 that the same are regularly and fairly wrought and carried 
 on, and by the same ways and means to ascend and come 
 up the said mines, shafts or pits, or any of them, and shall 
 and may in the doing thereof, have the help and assistance 
 of the workmen and servants employed in the said mines, 
 •or of such other person or persons as he or they shall think 
 fit. And also that the said association, their successors and 
 assigns, shall and will, from time to time, and at all times 
 during the continuance of this grant or demise, well and 
 effectually maintain and support all and every the working 
 pits, shafts, levels, drifts and watercourses of and belonging 
 to the said respective mines, with all such timber and deals 
 and other materials as shall be requisite or necessary for 
 that purpose, and so as to prevent the same and the roofs 
 of the said mines from falling in or being otherwise damaged, 
 and shall and will, at the end or other sooner determination 
 of the said term, peaceably and quietly yield and deliver 
 unto such person or persons as our said sovereign lady the 
 queen, her heirs or successors, shall appoint, under her or 
 their signet, or sign manual, or under the sign manual of the 
 lieutenant governor for the time being, of the said province, 
 to receive and take possession thereof, all the said mines, 
 and all and singular other the premises hereinbefore men- 
 tioned, except such f]irnaces, engines, mills, forges, foun- 
 dries, railroads, implements, houses and buildings, as shall 
 not be attached to the freehold, in such good order, plight 
 
122~ CUAJLi JttiA'fiS. , [PAET li 
 
 ('hap. 27. and condition, as fair wrought mines ought to be left, with 
 - " ^"~ such timber, deals, and other materials as aforesaid, (such 
 mines as, during the term hereby granted, shall be aban- 
 doned by reason of their being unproductive only excepted,) 
 provided always, and it is hereby agreed and declared, and 
 the said association, for themselves, their successors or 
 assigns, do accept this grant or demise, under the condition 
 that in case any default shall be made by the said associa- 
 tion, their successors or assigns, in keeping such book or 
 books of account, or in delivering such affidavit or affidavits 
 as aforesaid, or in the payment of the said rents or royal- 
 ties hereby reserved, for the space of forty-two days after 
 the periods hereinbefore appointed for paying the same ; 
 or if the said association, their successors or assigns, 
 shall omit or neglect, for the space of any one year during 
 the continuance of this grant or demise, to lay before the 
 said lieutenant governor, for the time being, such account 
 or accounts in writing, as aforesaid, or to keep and have 
 forthcoming, as aforesaid, such plan or plans, as aforesaid, 
 or shall at any time or times assign, transfer, and set over, 
 or otherwise part with the premises hereby granted, or 
 any part or parcel thereof, to any person or persons 
 whomsoever, for the term above granted, without the 
 license, assent or approbation of our said sovereign lady 
 the queen, her heirs or su.ccessor8, to be signified as 
 aforesaid, contrary to the true intent and meaning of the 
 said covenant or agreement in that behalf hereinbefore 
 contained, then and in every or any of the said cases when 
 the same shall have been adjudged and declared by any 
 six or more of the privy council of our sovereign lady 
 the queen, her heirs or successors, to have arisen or hap- 
 pened, 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 notwith- 
 standing ; and it is hereby agreed and declared, and our 
 said sovereign lady the queen doth hereby grant, that dur- 
 ing the continuance of the grant and demise hereby made^ 
 our said sovereign lady the queen, her heirs or successors, 
 shall not, without the consent in writing of the said associa-' 
 tion, their successors or assigns, by lease, license, or other- - 
 wise, empower Or allow any party or parties to work or get 
 and enjoy or sell any coal whatsoever in the said province 
 at a less rent or royaltj^, or on more favoirrable terms in any 
 respect, than the rent or royalty and terms respectively 
 reserved by and contained in these presents. And that the 
 said province shall, before the first day of January, 1859,. 
 pass, and during the continuance of the said grant or demise- 
 hereby made, enforce, such legislative enactments, and take 
 such measures, by the appointment of an inspector and 
 otherwise as may be required, to prevent the working of 
 any coal in the said province by unauthorised persons, and 
 
TITLE TI.] COAL MINES. 123 
 
 to prevent the sale or export of coal, except the coal which CuAr. 27. 
 may be sold or exported by the said association, their sue- 
 cessors or assigns, by any party or parties, and except such as 
 may be worked on payment of rent or royalty equivalent to 
 the rent or royalty hereby reserved, and subject to terms 
 not more favourable than the terms hereby granted to the 
 said association, their successors and assigns. And further, 
 that during the continuance of the grant or demise hereby 
 made, the said province shall not, without the consent, in 
 writing, of the said association, their successors or assigns, 
 impose any duty on the export of coal. 
 In witness, &c. 
 
 And whereas in consequence of the grant and demise Preamble, 
 made by the crown to his late royal highness the duke of 
 York and Albany, dated the twenty-fifth day of August in the 
 year one thousand eight hundred and twenty-six, of mines 
 and minerals in this province, the reservation of minerals in 
 grants of land from the crown since that period have been 
 more extensive than had previously been accustomed, and 
 the said grant and demise having been surrendered for the 
 benefit of this province, it is proper to confer upon the 
 parties entitled to such lands more extended rights in 
 respect of certain minerals therein; and whereas from 
 general words used in the reservation of mines and minerals 
 in the grants of land in this province passed previously to 
 August in the j'^ear one thousand eight hundred and twenty- 
 six, doubts may arise and a more extended operation be 
 given to such reservations than is expedient and proper. 
 
 5. All letters patent under the great seal of this province Construction of 
 for granting lands in this province in fee simple by the crown |ards^mfnes" 
 to any person or body corporate, shall, subject to the restric- r°ser™edTn^'' 
 tion in the seventh section, be construed and held as if the them, 
 mines and minerals reserved in and by and excepted out of 
 
 the operation of the said letters patent had been limited and 
 confined to gold, silver, tin, lead, copper, coal, iron, and 
 precious stones only, and all othermines, minerals, ores, and 
 earths, including iron stones, lime stones, slate stone, slate 
 rock, gypsum, and clay, contained in the lands granted by 
 such letters patent, excepting only gold, silver, tin, lead, 
 copper, coal, iron, and precious stones, shall, by virtue of 
 this act, be held and taken to have passed in and with the 
 said lands and as part thereof under the said letters patent. 
 
 6. All conveyances and dispositions of any such lands Construction of 
 shall be construed and held to convey and dispose of the landsMrelards 
 mines and minerals, the subject of and intended to be mine»> '*''=■ 
 effected by the last section, and comprised within the lands 
 conveyed or disposed of in the same manner as they would 
 
 have done had those minerals originally passed to the 
 grantees of such lands uiMer the letters patent granting the 
 same, unless that construction be inconsistent with the 
 
124 CEOWN LANDS. [PART I. 
 
 Chap. 28. object-arid intention of the parties as plainly manifest on 
 
 such conveyances and dispositions. 
 
 Application of • 7. Sections five and six 'shall apply to no mines or 
 
 sections 5 and 6. jjj|j^gj,g^lg which shall not by virtue of the surrender or 
 
 otherwise be vested in the crown or be under the control 
 
 of the legislature of this province, nor to any mines or 
 
 minerals which shall be subject to any grant, sale, lease, or 
 
 disposition thereof in force and subsisting at the time this 
 
 ftcfed?°°'^'^ act shall come into operation, and shall not effect the then 
 
 existing rights of any person or body corporate. 
 
 ,/f.^,_ Ar'.^ *^- /tr^- ^2 2. 
 
 CHAPTER 28. 
 
 OF THE CEOWN LANDS. 
 
 Title of com- 1. The surveyor general and commissioner of crown 
 missioner. lands shall hereafter be styled "commissioner of crown 
 
 .lands." 
 Duties of. 2. It shaU be the duty of the commissioner of crown 
 
 lands, in addition to his present duties, when so required by 
 the governor in council : 
 
 To cause, a survey to be made of all the crown lands within 
 ten miles on each side of any line of railroad which may be 
 ■first put under contract in this province — such lands to be 
 laid off in lots of one hundred acres each, except in the 
 neighbourhood of any railway station, or other desirable 
 locality, where town lots of smaller dimensions may be 
 laid off. 
 
 To prepare and cause to be lithographed, plans or maps 
 of such lands, with the lots numbered, and the course of the 
 railroad, or of any streams or public roads running through 
 the same, and the price of the lots clearly indicated 
 thereon. 
 
 To sell, without reference or delay, where there is no 
 adverse possession, at such price as may have been afSxed 
 by order of the governor in council, any such lot, to which 
 the title of the crown is clear. 
 
 To forward to every emigrant agent in the united king- 
 dom copies of such plans, with a public advertisement of 
 the lands thus offered for sale. 
 
 To correspond with the commissioners of lands and 
 emigration in the united kingdom, or other legally constituted 
 aiithorities within the same, supplying them, from time to 
 time, with information, and co-operating with them for the 
 speedy sale and settlement of the public lands. 
 
 To collect, through the deputjtserveyors in each county 
 annual returns of the number of tradesmen, mechanics, 
 
TITLE VI.] CROWN LANDS. 125 
 
 laborers, and apprentices, which the formed settlements in Chap. 28. 
 such counties would probably require. 
 
 To transmit copies of such returns to the commissioners 
 of lands and emigration in December, in each year, and ge- 
 nerally to superintend and facilitate the transmission and 
 location of such immigrants as may land at any port within 
 the province, of which he shall have diie notice. 
 
 3. The governor in coimcil may from time to time modify, Governor may 
 alter or change the above regulations, such alterations to tions.''' "^^^ *' 
 be published in the royal gazette, and laid before the legis- 
 lature at the next ensuing session. 
 
 4. The commissioner of crown lands and any deputy commissioner 
 surveyor who may bo commissioned for the purpose by the dia^n of young 
 governor shall be the legal guardian of such young persons persons landed 
 
 1 1 J 1 i.1, ■ n J.1 J.1 -J. 1 "^ immigrants. 
 
 as may be landed m the provmce under the authority and 
 at the expense of the commissioners of lands and emigration 
 or of any legally constituted board, having the sanction of 
 her majesty's government — such officers having power 
 to bind by indenture, such young persons until they are 
 twenty-one years of age, and to protect them from ill treat- 
 ment or neglect, by appeal to the ordinary tribunals, in as 
 ample a manner as any other apprentices are now protected 
 by law ; but no greater number of such young persons 
 shall be so protected than shall have been forwarded to the 
 jprovince on requisition from the commissioner of crown 
 Jands ; and the expense of maintaining them after their 
 ai-rival, and forwarding them to their destination, and of the 
 requisite indentures, shall be paid or refunded by the persons 
 to whom they are bound. 
 
 5. The governor in council may direct the surveying Goromor to di- 
 and laying off in manner hereinbefore mentioned, of other onamhr^'"^ 
 lands than those mentioned in section two, and may direct 
 
 prans thereof to be prepared, and such other steps taken in 
 relation thereto, as may be deemed advisable. 
 
 6. It shall be the duty of the deputy surveyors in the ^"4^°"/'"''^ 
 different counties : 
 
 To collect information within their counties relating 
 to the ungranted lands therein, the qualitj'^, description, 
 and value of the buildings on the occupied portions thereof, 
 and the quality of the soil, and the quantity and quality of 
 the timber theeron, and transmit the same to the commis- 
 sioner of crown lands. 
 
 To receive and transmit to the crown lands office all 
 applications for grants — the same, where no previous sur- 
 vey has been made, to be accompanied by a plan of the 
 lands applied for upon a survey and running out thereof by 
 the deputy surveyor, made at the expense of the applicant ; 
 and also by a report setting forth the quality, situation, 
 and value of the land, and whether any, and what portion 
 thereof has been occupied or improved, and by whom, — 
 when a survey shall have been previously made to refer spe- 
 
126 
 
 CEOWN LANDS. 
 
 [part I. 
 
 Returns of de- 
 puty surveyors. 
 
 Price of un 
 granted land. 
 
 Grants. 
 
 Chap. 28. cifically thereto, and to the number of the lot on any plan 
 thereof' and the state of the land at the time of the appli- 
 cation; and whether it has been occupied, and if so by 
 whom, and what in his opinion is the then value of it — the 
 value in either case if improved to be estimated as if in its 
 original state, and separately taking into consideration such 
 improvements. ' ^ 
 
 7. Every deputy surveyor at the expiration of each quar- 
 ter of the year shall make and transmit with a return or list 
 of surveys to the crown lands commissioner, and affidavit 
 in the following 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 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 [place] ) 
 this [date]. >- 
 
 -J-P-. ) 
 
 8. The governor in council may", from time to time, sub- 
 ject to the previous provisions, settle the price to be paid 
 for ungranted lands, and the manner of making application 
 therefor. 
 
 9. Any of her majesty's subjects may, upon due applica- 
 tion to the commissioner of crown lands, subject to the 
 operation of the previous provisions, become the purchaser 
 of such lands as may be for sale, and he shall immediately 
 pay the price and be entitled to posession, and to a grant in 
 fee simple, subject to such reservations and conditions a-s 
 may be deemed necessary. 
 
 1.0. If, at the time of any application, there was any 
 dwelling house on the lands in which any person other than 
 the apphcantthen and for a year previously had continually 
 resided, or in case five acres at least of the land had been 
 cleared or cultivated during such person's actual possession, 
 and had been for at least one year in his constant use, then, 
 unless such fact shall have been communicated to the com- 
 missioner before the passing of the grant, the governor in 
 council may, within two years from the passing thereof, if it 
 shall appear proper so to do, declare the grant to be vacated, 
 and the same shall thereupon become void. 
 
 11. The governor in council may, from time to time, sell 
 or lease any lands, at such price, and for such tenure, time 
 or use, either as regards the land, or timber, quarries, or 
 mines thereon or other benefit to be derived therefrom, as 
 may be deemed expedient. 
 
 12. The governor in council may, reserve lands for the 
 use of the Indians ; may divide existing reservations, and 
 vest in the commissioner of crown lands the title to such 
 lands and the duty of protecting the rights of the aborigines 
 who are disposed to settle thereupon. 
 
 Whijn grants 
 may be declared 
 vuid. 
 
 Governor may 
 sell or lease 
 lands. 
 
 Reservation of 
 lands lor In- 
 dians. 
 
TITLE VII.] MILITIA. 127 
 
 13. All surveyors appointed by the commissioner of crown Chap. 29. 
 lands as his deputies shall administer an oath to their chain- ]>puty survey- 
 men before they proceed upon any survey, that they will well °o admmSer'' 
 and truly perform the service according to the best of their oatka. 
 
 skill and judgement under the directions they shall receive 
 from such deputy surveyors. 
 
 14. Anv principal deputv sxirveyor or land surveyor Surveyors may 
 
 . J t- f J . ^ •', . , •' , . „ , , •' pass, &o. over 
 
 authorized as mentioned m section twenty-nine ot chapter one any land, 
 hundred and forty-seven when engaged in the performance 
 of the duties of his profession, may pass over, measure 
 along, trace, and ascertain the bearings of any township 
 line, or the line of any grant or other governing or side 
 line ; and for such purposes may,Vith his assistants, pass 
 over the lands of any person whomsoever, doing no actual 
 damage to such lands ; and no action shall lie against any 
 such surveyor or authorized person for any act done under 
 or by virtue of this section. 
 
 TITLE YII. 
 
 OF THE NATIONAL DEFENCE. 
 
 
 CHAPTER 29. 
 
 OP THE MILITIA. 
 
 1. Every man of the age of sixteen, and not over sixty Persons iiaWe 
 
 /■ 1 11 1 R J • ii- ■\-±- to be enrolled. 
 
 years of age shall be enrolled m the militia. 
 
 2. The militia shall be formed into regiments by coun- Kegiments how 
 ties, and the regiments, where the counties are sufficiently diVTdMi'intY 
 populous, shall be divided into battalions, to consist of not i^attaiions. 
 less than three hundred nor more than eight hundred men. 
 
 3. For the purpose of conveniently assembling, the bat- Battalions di- 
 talions shall be formed into companies, by districts of not panies ; how 
 less than thirty nor more than eighty men. For every °"^"^'''^'i- 
 company of not more than sixty men there shall be one 
 
 captain and two subalterns, and every larger company may 
 have an additional subaltern. 
 
 4. The governor shall affix the limits comprising the K°V'^f^at^" 
 regiments or battalions, and the field officers and captains taiions and 
 shall- regulate the limits of the districts of the companies, «»'^|"°i««' '^o^ 
 and the number of men to be enrolled in each company, 
 
 whose names shall be registered by the clerk in a book to 
 be kept by him for the purpose, which shall be ready at all 
 times for the inspection of the officers. 
 
 5. A fit and proper person shall be appointed adjutant f^j,"i*t*i;^t 
 of every regiment, who shall attend meetings for drill or and duties of. 
 
128 
 
 MILITU, 
 
 [PART I, 
 
 Chap. 29. 
 
 Remnneration 
 of adjutants. 
 
 Adjutant gene- 
 ral—salary, 
 exemptions. 
 
 Governor em- 
 powered to pro- 
 , vide fire arms, 
 &c., on emer- 
 gency. 
 
 Sale of unser- 
 viceable arms, 
 
 Purchase of 
 improved arms, 
 <to. 
 
 Small compa- 
 nies formed in 
 certain cases. 
 
 Limits con- 
 firmed. 
 
 Of flank compa- 
 uics. 
 
 training of his regiment, or of any company or detachment 
 of such regiment then and there under the directions of the 
 colonel of the regiment or commanding officer of such de- 
 tachment, and shall inspect the arms, accoutrements and 
 ammunition of the men, superintend their exercises and 
 manoeuvres, and introduce a proper system of discipline,- 
 . agreeably to orders received from the colonel of the regi- 
 ment, and perform all other duties appertaining to the office 
 of adjutant, as the colonel of the regiment shall direct. 
 
 6. Every such adjutant shall receive ten shillings per 
 day for his services for every day he shall be employed, but 
 the whole sum to be received by any adjutant not on actual 
 service shall not exceed ten pounds in any one year. The- 
 governor shall draw a warrant on the treasury for the 
 amount due on the certificate of a colonel and the majority 
 of the captains of the regiment that the adjutant is duly 
 qualified, has attended all meetings of the regiment, and of 
 the companies thereof, for training and discipline, distri- 
 buted orders and made up returns, and in all other respects 
 performed his duties. 
 
 7. The adjutant general shall receive a salary of eighty 
 pounds, and the quarter master general a salary of forty 
 pounds per annum. They shall be exempt from serving on 
 juries and from serving in any civic office in Halifax, and 
 their correspondence on militia duty shall be exempt from 
 postage. 
 
 8. The governor in council may, in case of any emer- 
 gency, provi'de such additional number of fire arms and 
 accoutrements for the use of the militia as shall be deemed 
 adviseable at the expense of the province. 
 
 9. The governor in council may caUs£ so many of the 
 rifles, muskets, and other arms and accoutrements of the 
 militia throughout the province as shall be considered 
 unserviceable, to be sold by public auction, in the respective 
 counties where they are now deposited, and the net pro- 
 ceeds of such sales to be paid into the treasury. 
 
 10. A sum not exceeding two thousand pounds, may be 
 expended by the governor in council, in the purchase and 
 importation of improved arms and accoutrements for the 
 use of the militia. 
 
 11. In places where the men liable to serve are not 
 sufficiently numerous to form a complete company, smaller 
 companies may be formed ; and where the number shall not. 
 exceed twenty, one officer, and exceeding twenty and not. 
 over thirty, two officers shall be appointed for the same. 
 
 12. The limits already formed shall remain until altered., 
 
 13. Flank companies shall wholly consist of light infan- 
 try or riflemen, except where grenadiers are already formed, 
 and shall contain such numbers as the governor may deter^ 
 mine, and there shall not be more than two such companies 
 to. any one regiment. 
 
TITLE VII.] MILITIA. 129, 
 
 14. The governor may establish artillery companies and /^hap. 2J. 
 troops of cavalry, and limit the numbers of ofHcers and c<Jufpanies'^nd 
 men. Artillery companies now formed shall continue until troops of oa- 
 otherwise ordered. ■ ™ ^'^' 
 
 15. No flank company shall be formed without the Fiankoompo- 
 limits of the regiment, except in the first and second Halifax- umite of tL -.c- 
 regiments, in which the men may reside within the limits of i^n^Tu^xr'''^ 
 the city. 
 
 16. Every man enrolled in an artillery, grenadier, light Emjoimen^Hn 
 
 infantry or rifle company, or troop of cavalry, shall continue cartain oases. 
 in his company or troop for five years from the date of his 
 enrolment, unless he shall remove from the district or be 
 discharged by the captain, with the approbation of the 
 colonel. ■ 
 
 17. The governor may invite the formation of artillery, ■^"enldJe'fMit 
 grenadier, light infantry, or rifle companies, or troops of infantry, or 
 
 1 J. 1. J r 1 i. 1 J. i.1, n rillo companies, 
 
 cavalry, to be composed oi volunteers between the ages oi and troops of 
 
 eighteen and fortj'-five, in the several regiments or battalions, ''"■'•"'^^'i'- 
 
 and to be commanded by oiEcers appointed by the governor, 
 
 upon a certificate being made by the commanding officer of 
 
 the regiment or battalion, that such officers have been chosen 
 
 and approved by the several companies, or a majority of 
 
 them. 
 
 18. In case of arms being distributed to the militia J^l^'j^''"'''"" "^ 
 within any regiment or battalion, such volunteer companies 
 
 as shall have been formed, shall be first furnished with arms. 
 
 19. When the governor shall order any number of men volunteer eom- 
 for actual service, from any regiment or battalion, they shall aot'uai sorviee. 
 be drafted from the volunteer companies, and where such 
 volunteer companies shall have been formed, they shall; in 
 
 all cases, be considered as the first class for actual service, 
 and no drafts slrnll be made from other than volunteer com- 
 panies, until the whole of such companies have been called 
 into actual service. 
 
 20. The several provisions of this chapter shall ex- Jaurtia'iaw°fx- 
 tend to such companies in so far as they are applicable i^taereompa- 
 thereto. nics. 
 
 ■ 21. The dress of such companies, and the horses of such Dress-horses. 
 troops of cavalry, shall be provided by such volunteers at 
 their own expense. 
 
 22. Volunteers serving in such companies shall be whlTexe^tcd 
 exempted from statute labor, except in respect of cattle from. 
 
 and teams, and from serving oil juries, or in the office of 
 constable. 
 
 23. No fees shall hereafter be demanded on militia com- '^J^^^^"'"^' 
 missions. 
 
 24. Artillery, grenadier, light infantry and rifle com- nldi'e?,^ii'gltfn 
 pani&s, and troops of cavalry, at any meeting convened by com'^an^es'to"" 
 the captain, of which three days' notice shall be given, may, make rules for 
 by vote of the majority present, make rules for their govern-- lu'e^ut, Te.^'^'^' 
 ment, dress, drilling and discipline, and may impose a, fine , 
 
130 
 
 MILITIA. 
 
 [part I. 
 
 Chap. 29. not, exceeding forty shillings for breacL of any such rule, 
 but no rule made under this section shall be acted upon. till 
 approved by the captain and the colonel. 
 
 Ii5. If any member of any troop shall dispose of his 
 horse ^vithout the consent of the captain he shall forfeit 
 ten pounds. 
 
 26. The captain shall enrol every man residing within 
 the limits of his company, who is liable to serve therein, and 
 every man who shall not, within one month after his becom- 
 ing liable to serve, give in his name and place of residence 
 to the captain in order to be enrolled, shall forfeit ten 
 shillings. 
 
 27. Any man-removing without the limits of his company 
 shall, within ten days thereafter, give in his name, age-, and 
 place of residence to the captain of the district into which 
 he shall have removed for the purpose of being enrolled 
 therein, under a penalty of ten shillings. 
 
 28. If any difference shall arise between the captain and 
 any man concerning his age, it shall be incumbent on the 
 man to prove his age. 
 
 ^ 29. If any man shall neglect to enrol himself, and shall 
 in consequence be absent from any muster, then, in addition 
 to the fine for not enrolling himself, he shall be liable to the 
 fine for non-attendance at such muster. 
 
 30. Every man in the Halifax regiments shall be bound 
 to do his duty in the company in which he Avas enrolled 
 before the first day of October in every year, and shall be 
 deemed to belong to that company for the year next follow- 
 ing, notwithstanding any change of residence, within the 
 limits of his regiment. 
 
 31. Any man in the Halifax regiments who shall move 
 out of the hmits of his company, shall, within one week, give 
 notice of the same to the clerk of the company of his new 
 place of residence, under a penalty of ten shillings. 
 
 32. The captain with the approbation of the colonel, 
 shall appoint a clerk of the company, sergeants, corporals, 
 drummers, and if necessary, buglers, and pipers, and any 
 person refusing such appointment, or accepting and after- 
 wards neglecting his duties therein, shall forfeit forty 
 shillings. 
 
 33. Any person having an appointment under the last 
 preceding section shall continue therein . notwithstanding 
 hi^ removal from the limits of his company, but he shall not 
 be obliged to serve out of the limits of the regiment, within 
 which he may reside, unless on actual service. 
 
 34. Every clerk of a company shall make the following 
 oath before a justice of the peace: — " I, A. B., do swear 
 truly to perform the duties of my office as clerk of the 
 
 company of militia, under the command of , 
 
 to the utmost of my skill." 
 
 t?oEa'addS. 35. The clerk shall be exempt from draft for actual ser- 
 
 Horse not to bo 
 disposed of by 
 momber uf 
 troop. 
 
 Captain to enrol 
 mou, ifec. 
 
 Any man remo- 
 vinj5 out of dis- 
 triot to give 
 in liis name, 
 
 iiC. 
 
 Age disputed,, 
 by wIioiQ to be 
 proved. 
 
 Fine for non-at- 
 tuudanco when 
 not enrolled. 
 
 JTalifax regi- 
 ments in what 
 company to do 
 duty. 
 
 Men to give no- 
 tice of removal. 
 
 Clerlts of oom- 
 jjanies, ser- 
 geants, Ltc, hovr 
 appointod. 
 
 Not obliged to 
 serve out of 
 ru^inieucdl 
 limits. 
 
 Clerk's oath. 
 
TITLE VII.] MILITIA. 131 
 
 vice. He shall keep a register of his company, and furnish Chap. 29. 
 to the noncommissioned officers lists of men whom they are 
 to warn for muster, and shall take lists of the company when 
 required by the captain, and attend upon officers making 
 inspection of arms, and shall attend the meetings of the 
 company, and when ordered, prosecute for all fines in the 
 name of the captain. 
 
 36. If a clerk shall neglect his duty, he shall forfeit not of^ut"^°*='°°* 
 less than one nor more than five pounds for each offence, 
 
 to be recovered in the name of the captain. 
 
 37. The colonel of every regiment shall appoint a ser- an^^f iT'^'" 
 geant major, and a clerk for the same, and an additional regiment te be 
 clerk for every division thereof which cannot, from local tx&acierk's. 
 circumstances, be assembled at the place of general rendez- 
 
 Ifous ; but no more than one additional clerk shall be 
 appointed in any one regiment. 
 
 38. The sergeant major and the regimental clerk shall ^^Ji"''??. 
 be exempted from draft for actual service, and the clerk oierktote' 
 shall be sworn into office and be subject to the same ™°™' 
 liabilities as a clerk of a company, to be enforced by the 
 colonel. 
 
 39. Every captain shall before the first day of November Returns by cap. 
 in every year, and oftener if the colonel shall require it, neisf "^^ "" "" 
 make returns of" the strength of the company and of the • 
 
 arms thereof; and the colonel shall before the first day of 
 December, make out, for the adjutant generd, a return of the 
 strength of his regiment and of the arms, and the amount 
 of fines collected, and the expenditure thereof, with vouchers. 
 
 40. The returns shall be in the form prescribed by the ^o™ "f re- 
 adjutant general, 
 
 41. Any officer wilfully making a false return shall be Fine for falsa 
 cashiered by sentence of a general court martial, and shall 
 
 pay a fine of twenty pounds. 
 
 42. Any colonel neglecting to make the return herein- Fine for ne- 
 before prescribed shall forfeit twenty pounds, and every make rftnrns 
 captain neglecting to make such return shall forfeit fivfe 
 pounds. 
 
 • 43. Every freeholder of the age of twenty-one years Arms to be dis- 
 enrolled in the militia shall after twenty days' notice, attend and to'whom^ 
 at the place of distribution of arms and accoutrements, when 
 he shall recei"s^ a musket or rifle, and cartouche box capable 
 of containing eighteen rounds of ball cartridge, and a bay- 
 onet or sword suitable for such musket, or rifle, with proper 
 belts for the same; such accoutrements 'to be of the same 
 kind as used in her majesty's service. 
 
 44. Upon receiving his arms and accoutrements, each Bond on receipt 
 man shall give a bond in the following form : ' 
 
 " Know all men by these presents that we, A. B. and C. 
 
 D., are held and firmly bound to our sovereign lady the 
 
 queen in the sum of five pounds, to be paid to her majesty, 
 
 her heirs or successors, for which payment, well and truly 
 
 9 
 
132 MILITIA. [PART I, 
 
 Chap. 29'. to be made^ we bind ourselves, and either of us by himself, 
 our and each of our heirs, executors and adininistrators, 
 firmly by these presents, sealed with our seals and dated the 
 
 day of ,_ A. D. 18—. 
 
 The condition of this obligation is such that if the above 
 bounden A. B. shall at all times hereafter safely keep in 
 good and serviceable order and condition, and have ready to 
 return when called for by the commanding officer of the 
 regiment, [or battalion as the case may be, specifying tJie par- 
 ticular regiment or battalion to which such freeholder may 
 belong] one musket, &c., [specifying the arms which may have 
 been received by such freeholder] which have been issued to 
 him under the provincial laws regulating the militia, and 
 shall in all things perform the provisions of such laws 
 touching such arms and accoutrements, then this obligatiaji 
 shall be void. 
 
 Signed, sealed and delivered in the ) 
 
 presence of . ) 
 
 A. B., (L. S.) 
 C. D., (L. S.)" 
 Bond where ^5. All bonds given under the last preceding section 
 
 lodged; penalty shall be lodged with the captain, and any freeholder who 
 ing arms. shall uot reccivo the arms and accoutrements and give such 
 ■ bond, or who shall not within the time limited provide him- 
 self therewith at his own expense, shall pay a fine of two 
 pounds.. 
 Foe on filling 46; Every freeholder giving such bond shall pay one 
 up bond. shilling to the person who shall fill up the same. 
 
 Sureties to 47. Any man over twenty-one, not being a freeholder, 
 
 shall receive arms and accoutrements upon giving bond, 
 with one surety being a freeholder ; and any man under 
 twenty-one shall receive the same upon giving bond with 
 two such sureties. 
 Arms to he re- 48-. Every man when tliereunto required bv the captain, 
 
 turned when re- iii.t.' ^ , , -t i. p 
 
 qaired by cap- Snail rotum nis arms and accoutrements under a penalty oi 
 tain. Q^Q pounds, and if the bond be not forthcoming the receipt 
 
 of the captain shall be a discharge thereof 
 Ammunition, 49,. E'^rery man when required by the order of the goyer- 
 vided°bymSi. nor, shall;. at his own expense, provide himself with a set of 
 straps for carrying a great coat or blanket, a pricker and 
 brush to clean the' pan of his musket or ri§e, also with a 
 leathern or canvas knapsack with straps and buckles, three 
 good flints, eighteen ball cartridges of a size to fit the 
 musket or rifle, and forty buckshot, under a penalty of ten 
 shillings. 
 
 aioeaTmuster' ^^' ■^"•^' ™^" appearing at a muster without his musket 
 unequi ™"a." or rifle, sliall forfeit ten shillings, and he shall further forfeit 
 one shilling for every article enumerated in the last preced- 
 ing section which he shall have omitted to bring, — flints, 
 cartridges and buckshot to be respectively considered one 
 article. , • . 
 
TITLE VII.] MILITIA. 133 
 
 51. The. captain shall prejpar© a list of the men in his Chap. 2{>. 
 company who are not obliged or able to give security, or ^rms for per- 
 to provide arms at their own expense, and shall receive the ^""^ "?»' siving 
 arms and accoutrements requisite for them, for the custody provided. 
 
 • and return whereof he shall be responsible, and shall give 
 receipts for them in duplicate, one to be entered in the 
 orderly book and the other to be given to the adjutant 
 general ; and every captain who shall not within thirty days 
 after public notice that such' arms and accoutrements are to 
 be distributed, prepare such list, receive such arms and 
 accoutrements and sign receipts therefor, shall forfeit five 
 pounds and be deprived of his commission. 
 
 52. Colonels of regiments and captains of troops or coioneis ami 
 artillery companies shall .be responsible for arms and accou- reapois?bi?for 
 trements delivered for them, for which they shall give a ''™^' *"• 
 receipt to the quarter master general. 
 
 53. The arms shall be distinctly numbered and marked Arms how 
 with a brand on the left side of the broad part of the butt "'^'^ 
 with the county and number of the regiment, and with the let- 
 ter M; the brand to be provided at the county expense and 
 furnished to the colonel, who shall cause the arms to be 
 branded as prescribed by this section before they are issued. 
 
 54. The captain shall lodge the arms and accoutrements Arms where to 
 in a suitable place to be delivered to the men as he shall ° " s® ■ 
 order, and every man shall return such arms to the place of 
 deposit within twenty-four hours after performance of the 
 
 service for which he received the same,, under a penalty of 
 five shillings for every day's neglect. 
 
 55. Every man who shall convey any such arms or Fine for selling 
 accoutrements out of the limits of the regiment except arm?r&o.'°° 
 when on duty, or shall dispose thereof, and any person who 
 
 fehall receive the same, shall forfeit Jve pounds for every 
 musket or rifle and ten shillings forevery article of accoutre- 
 ment.. And every person who, without authority, shall 
 convey any such arms or accoutrements on board of any 
 vessel to carry them out of the county,, and any person who 
 shall receive them for such purpose, shall forfeit ten pounds. 
 
 56. If information upon oath shall be given to any persons about 
 justice of the peace that a person offending under the fore- armtr&e.?may 
 going section, who is not a freeholder, is about to remove be arrested. 
 out of the county with such arms or accoutrements, the 
 
 justice may issue his warrant for the apprehension of* such 
 person to answer the offence. 
 
 57. Any person charged with disposing of or with Persons restor- 
 
 J r b r- o , . , , mg arms, &a., 
 
 receiving any arms or accoutrements,, who shall immediately entitled to a re- 
 restore the same, shall be entitled to a remission' of half the Se peSaity."^^ 
 fine or term of imprisonment. 
 
 58. The colonel shall oace in every year, and" oftener if Arms, &o., to be 
 he shall think it necessary, order an inspection of the arms, coionei'd order. ' 
 accoutrements, and ammunition of the several companies 
 
 under his command, to be made by one oflScer of each com- 
 
134 MILITIA. [part I, 
 
 Chap. 29.. pany, attended by the clerk, calling- at the abode of each 
 man and making a return of their condition ; and every man 
 whose arms and accoutrements shall be in an unserviceable 
 condition, or who shall be deficient in any of them, shall- be 
 subject to the like penalty for every such defect as if the* 
 same had occurred at a muster. 
 Arms, &o. to be 59. Before removing out of the limits of his company, 
 removal. ^ ""^ every man shall return to the captain the arms and accoutre- 
 ments ■ which he shall have received in good and service- 
 able condition, under a penalty of five pounds. _ 
 Fine forarms, 60. If any man shall appear at a muster with his arms 
 emg ir y. ^^^ accoutrements in a dirty or unserviceable condition, he 
 shall pay not less than two shillings and six pence, nor more 
 than ten shillings. 
 Armssubjeetto 61. Until arms shall be orde'red for distribution, the 
 ferbefwe dii govemor may make any order for storing and keeping them 
 tribntion. j^ order. 
 
 Drilling to be 62. The govemor may make orders for the disciplining 
 
 temTr's or^*er. of the militia, prescribing the number of days for drill, not 
 
 to exceed three days in the year, and the mode of' assem- 
 
 bhng ; and unless some exigency shall require, there shall 
 
 be but one day's meeting for drill, at which the first class 
 
 militia shall attend, and the governor may dispense with any 
 
 meeting. 
 
 Fine on colonels 63. Every colonel who shall neglect to give orders for 
 
 ita'iegJeotfng the assembling of his regiment by companies, as required 
 
 or£*™"''°^ ^y *^® general orders, for training, shall forfeit twenty 
 
 pounds ; and every captain who shall neglect to obey the 
 
 orders in this respect shall forfeit five pounds. 
 
 Fine for non- 64. Any man who shall, upon notice, neglect to attend 
 
 attendance and .,■, . "ie ■ , in r Ii, £ j. rr 1 
 
 refusal by men Without sumcient excuse, shall pay lor the nrst onence ten 
 to do duty. shiUings, for the second offence fifteen shillings, and for every 
 subsequent offence one pound. Every man on parade 
 refusing to perform the duty required of him, or departing 
 from his company without leave from the colonel or captain, 
 shall pay not less than five nor more than twenty shillings, 
 to be imposed by the colonel or captain. 
 noticeofSt^nj!: ^^' ^® clerk shall notify every person fined for non- 
 6f board of attendance, either personally or by writing left at his last 
 appea . place of abode, that at a certain time, the same not to be 
 
 ■less than four days after such notice, and at a place therein 
 to be mentioned, a board of officers will hear appeals. 
 Frmed ^°^ ^^' '^^^ colonel may form boards of officers to hear 
 
 appeals, 'to consist of one field officer and two captains, or 
 of three captains, or of two captains and three subalterns, 
 or of one captain and four subalterns, and shall by regimen- 
 tal order appoint a day for the meeting, not to be longer 
 than tfairt5^ days after musters, and every captain shall have 
 notice thereof. 
 J'o^or Mi^d duty 67. The board may remit any fine, on pro of ofsickness 
 ■of the man or of one of his family requiring his attendance, 
 
TITLE Vir.] . MILITIA. 135 
 
 or of unavoidable accident rendering i-t impossible for him Chap. 29. 
 
 to reach the place of meeting, or the sudden occurrence of ^ 
 
 urgent business, the postponement of which would seriously 
 have injured his affairs, but shall remit such fines upon no 
 other grounds; All fines confirmed by the board shall be 
 certified in a schedule to be signed by the president. 
 
 68. Every man shall receive at least three days' notice Notice of mus- 
 of the musters at which he shall be required to attend, howliven """^ 
 to be given to him in person by any commissioned or 
 non-commissioned officer, clerk, or private having the 
 
 written orders of the captain, or if he cannot be found to 
 be left at his abode ; but in the latter case, if the man shall 
 not receive the notice, he, may prove his ignorance thereof 
 either to the captain or to the board of appeal. 
 
 69. The commanding" officer at any muster may name Notioe-of re- 
 another day for re-assemblingj and his orders then given |f^®™''^'°^''°' 
 shall be a notice to every man who shall have been notified 
 
 of the first day of meeting. 
 
 70. When a captain shall accept of an excuse for non- Captaiiia to .re- 
 attendance, he shall, if required by the colonel, make a non-aUend- "' 
 written report thereof, and for neglecting to do so shall, for- '^^'"^■ 
 
 feit two pounds and ten shillings. 
 
 71. Any officer under the rank of a lieutenant colonel Fines for non- 
 failing to attend a meeting without a reasonable excuse, offioeM?"*"' "^ 
 shall, if a major, forfeit five pounds ; if a captain, three 
 
 pounds ; and if a subaltern two pounds ; and the adjutant 
 shall receive one-fourth of the penalty for , his trouble in 
 collecting the same. 
 
 72. In case of invasion made or threatened, the gover- in ease of jnva- 
 nor m"ay call into actual service the militia, and may order may b^'iaited 
 any part thereof to march from one part of the province to ^to actual ser- 
 another. 
 
 73. The governor may accept the voluntary service of of voluntary 
 any of the embodied militia for the defence of New Bruns- fence'or New' 
 wick against the common enemy; and .while serving in that Brunswick, 
 province they shall be governed by the laws made for. the 
 government of the militia of this .province and by no'ne 
 
 other. 
 
 74. In case of any sudden attack made or threatened, sudden attacks 
 where the governor cannot be immediately consulted, the agains™^^"^^* ' 
 commanding officer shall, if he think it necessary, call out 
 
 the militia for actual service. And if any invasion or attack 
 shall be made or threatened in any place where the officer 
 commanding in the county cannot be consulted, the militia 
 may be called out by the. officer in command there, and a 
 report shall be made to the commanding . officer in the 
 county, who shall despatch an express to the governor noti- 
 fying tlie danger, and strength and motions of the enemy ; 
 and the commanding officer may impress in such service, 
 men, horses, boats and carriages, as the nature of the case 
 may require, a reasonable compensation for ■whichshall be 
 
136 MILITIA,: . [PAET I. 
 
 Chap. 29. made -to the owners; and the governoi: in council, on the' 
 
 certificate of the commanding officer and any two captains, 
 
 shall draw on the treasury for the amount. 
 Rosters in case . 75. "When any part of the militia shall be called into 
 of actual ser-. ^^^^^ -gervice, all duties, except in cases of grfeat emer- 
 gency, shall be regulated by rosters, to be framed as here- 
 inafter directed. 
 Men to be class- 76. The coloncl of ovcry regiment. Under the orders of 
 cdfor.servioe. ^^^ governor, shall cause the captains to divide the men 
 into two classes, the first to consist of all the able men 
 from the ages of eighteen to forty-five, inclusive, which shall 
 be the first for service; the second to consist of those over 
 forty-five and under eighteen, which shall be considered the 
 second for service. 
 If defic'ency of 77. In caso a suflSciency of arms shall not be provided 
 to"?! first pro! by the province for the whole of the militia, the whole of the 
 Tided for. £j.g^ gjj^gg gij^u jjg provided with arms and accoutrements 
 
 before any of the second class. 
 Ballots for ros- 78. The captain shall cause a ballot to be made of the 
 how preparld. first class for forming a roster or list, whereby the men may 
 be called into actual service in manner following : 
 
 First — Each name shall be written on a piece of paper 
 which shall be rolled up and put into a box or a hat, and 
 ■well mixed; all pieces of paper so used to be of equal size 
 and rolled up in the same manner. 
 
 Second — Pieces of paper of equal size rolled up in the 
 same manner and numbered from one to the extent of the 
 number of the men, shall be mixed together in another box 
 or hat. 
 
 Third — Two persons, to be nominated by the captain, 
 shall alternately, until the whole are drawn, publicly draw 
 the names, and the clerk shall make a list of such names as 
 they are drawn, and as each name is drawn shall put the 
 number thereof opposite to such name, and from such list 
 the clerk shall form a roster, 
 tiucry k^oms""" 79- Troops of cavalry and artillery companies shall be 
 eiTsS drafted and classed for actual service in the same manner. 
 
 Men for actual 80. When the governor shall order any number of men for 
 nlshe^d and*^"'' ^'^tual service, they shall be furnished in as exact a propor- 
 drawn. tion as possible to the number of effective men; and every 
 
 company or troop shall furnish its proportion from the first 
 class, according to the roster ; and every man so liable to 
 serve, unless prevented by sickness or other sufficient 
 cause, shall go or find an approved substitute, and in default 
 shall be liable to a penalty of ten pounds, and if the same 
 shall not be paid,' may, by the commanding officer, be impri- 
 soned for three months, and the next man on the roster shall 
 serve in his place, who shall have the whole of the fine if 
 he shall go or find a substitute; but if he refuse or neglect 
 to go, he shall be liable to the same fine and imprisonment, 
 and the next man shall be called out, and he shall have the 
 
T5TLE VII.] MILITIA, 137 
 
 last mentioned fine if he by himself or a substitute, shall Chap. 29, 
 serve, and so as often as such case shall happen ; but no 
 man shall receive more than one fine of ten pounds. 
 
 81. If any part of the company shall be called out Rotation of aer- 
 oftener than once in four years, no man who has served 
 
 shall be liable to serve again until all the efiective men shall 
 have served personally or by substitute. 
 
 82. No Quaker shall be subject to such fine ; but in case Provision in 
 he shall refuse to go or to find a substitute, the captain may ''^se of Quakers. 
 procure a substitute for him, and the Quaker shall pay the 
 
 expense thereof, the same not to exceed ten pounds. 
 
 83. When any man shall remove from the limits of the Cases of remo- 
 company to any place within the limits of another company, I^ to" roster.'**" 
 he shall fall in on the roster immediately before the man 
 
 who has drawn the same number. , 
 
 84. When there are two or more sons residing in the Exemptions for 
 family of their father or mother for one year preceding who or more sons'" 
 shall be liable to be ordered for service at the same time, I'.O'We to ser- 
 one shall be excused, and the next on the list shall be 
 
 called. 
 
 85. If any person aged sixty years or upwards, or any Exemption in 
 widow, shall have a son, grandson, or apprentice, on whom ptndant !«- ^' 
 he or she shall be dependant for support, living with him or ^°°^- 
 
 her for twelve months preceding, he shall be exempted so 
 iong as he resides in the family and contributes to the sup- 
 port of the same. 
 
 86. Whenever a proportion of the militia of the city of Assessment 
 Halifax shall be called into service, the colonel of the regi- Se^armyOT^'" 
 ment to which clerks, storekeepers, mechanics or laborers Sffa;^''^"^"" 
 belong, who are employed in any department of the army 
 
 or navy, may apportion the number of drafts which they 
 ought to furnish, and procure substitutes in their places on 
 the most reasonable terms, and the expenses shall be asses- 
 sed on them in proportion to their daily pay by the colonel 
 with the assistance of the two captains. 
 
 87. Every person assessed under the preceding section i-iowievieo. 
 shall, on notice, pay the amount to the colonel, and on 
 refusal any justice upon complaint of the commanding officer 
 
 may issue his warrant of distress upon the offender's goods 
 and sell the same, and for want of goods may commit him 
 to jail until the amount assessed be paid; but any such per- 
 son may procure a substitute or serve personally, and may, 
 On receiving due notice of the duty required of him, 
 ■declare such intention. 
 
 88. Whenever any of the militia shall be ordered into Fine for non- 
 actual service, any n^an who shall refuse of neglect to obey w*!?!? JiTers in 
 the order and shall not march and proceed to perform such gej^ioe.^"''"''^ 
 service as may. be required either by himself or his substi- 
 tute, shall be confined by the commanding ofiicer and be sub- 
 ject to a fine, of ten pounds, and in default of payment to 
 
 three months' imprisonment. . ' 
 
l-SS MILITIA.- : [PAET U 
 
 CfiiAP'. 29. 89. When on actual service the officers, non-commissioried 
 Pay in cage of ofRcers, trumpeters, drummers, pipers, buglers, fifers and 
 actual service, privates shall be entitled to the same pay, allowances and 
 rations as her majesty's regular troops, to be reckoned froEa 
 the day they march on actual service until dismissed by the 
 • governor, and at the time of their dismissal they shall be 
 allowed a number of days' pay to defray their expenses to 
 their usual places of abode, according to their distances, at 
 the rate of fifteen miles a day. 
 Ti-easury liable 90. If the pay to persoBs Under the rank of commis- 
 a certiSf rate.^ sioned officers shall not amount to the rates following, clear 
 of deductions, that is to slay: to sergeants, two shillings 
 per 'day ^corporals, trumpeters, drummers, buglers pipers, 
 or fifers, one shilling and six pence per day, and privates one- 
 shilling and three pence perttay, the governor in council at 
 the time of payment may draw on the treasury for the? 
 Amount of the deficiency. 
 WatoMn;and 91. The duties of watching and warding shall be equally 
 YAeocoT?^"' distributed amongst able bodied men of the district as well 
 officers and those exempted from muster as others, accord- 
 ing to a roster to be kept by the captain of every company, 
 and every person refusing to perform his turn of duty shall 
 forfeit ten shillings. 
 Prov;sion for 92. When by the direction of the governor guards shall 
 fa^or." ^^^^ be kept so that the watching and warding performed by- 
 any One man shall exceed six days or nights in one year,, the' 
 governor may pay every such man for the excess over that 
 time according to the rate hereinbefore mentioned upon 
 certificate of the colonel. 
 Kne for false 93. Every person wilfully making a false alarm shall for- 
 
 alarm. ^^j^ ^^^ pOUnds. 
 
 Expense for de- > 94. In any district exposed to attack by water, the ses- 
 
 fence of dis- . j. j. r S • t ■ j-i 
 
 triols exposed sious, ou presentment ot the grand jury, may a-ssess the sum- 
 waterrhowiffo- necessary for providing armed boats for defence, to bounder 
 vided. the direction of the commanding officer: and when no 
 
 longer necessary they may be disposed of by the- ses- 
 sions. 
 Articles of war 95. In casc of an invasion or imminent danger thereof, 
 sioft'may b"™' when the militia shall be called out for actual service, such 
 prtaoribed. ^jf ^j^g articles of War for the government of her majesty's 
 forces as the governor in council shall consider applicable, 
 and shall be made to conform to the provisions of this chap- 
 ter, shall be prescribed for, and shall be binding upon 
 the militia, and shall be judicially taken notice of by the 
 courts. 
 Sentence of ' 96. No officer in her majesty's regular forces shaU sit in 
 ma"rKai only in any court martial in the mihtia service, nor shall any sen- 
 certain cases, tonce of general court martial extend to death, unless for 
 desertion to the enemy, for mutiny, traitorous correspon- 
 dence with the enemy, or traitorously delivering up to the 
 enemy any garrison, fortress, post, or guard. 
 
TITLE Vll.] MILITIA. 13^, 
 
 ■ 97. No man serving' in "the militia shall be whipped, or Chap. 29. 
 otherwise corporally punished, in any case except by porpovai pun- 
 imprisonment. No sentence of any court martial shall dV"™ntenS 
 be carried' into execution until approved of by the go- tdbTap^roved^ 
 
 Vernor. ^y governor. 
 
 98. The governor may by warrant constitute general General oourta 
 courts martial for the trial of all offences made cognizable Snstuuted7 
 therein by the law, or the articles of war applicable to the 
 
 militia, to consist of npt less than thirteen commissioned 
 oflScers, the president to be a field officer. 
 
 99. Every such officer, before any trial, shall take the Oath of officer 
 following oath, to be administered by the. judge advocate : *"'^°™'™i- 
 
 '* I, A. B., do swear that I will duly administer justice 
 according to the laws for regulating the militia, without 
 partiality, favor, or affection ; and that I will not divulge- 
 the sentence of this court until it shall be approved by the 
 governor, and that I will not disclose the vote or opinion of 
 any particular member of the court martial, unless required 
 to give evidence thereof, as a witness, by a court of justice, no sentence of 
 
 ■ 100. No sentence of death shall be given against any ^^eive'^offioers 
 offender by such general court martial, unless twelve officers concur, 
 shall concur therein. 
 
 101. The governor may appoint any justice of the peace. Judge advocate 
 or other fit person, to be judge advocate at any such gene- oatt"l)Toffice.'^ ' 
 ral court martial, who shall, previously to any proceeding 
 
 being taken by the court, take the following oath, to be 
 administered by the president : 
 
 ■ '-' I. A. B., do swear that I will not disclose the vote or 
 opinion of any particular member of this court martial, 
 unless required to give evidence thereof, as a witness, by a 
 court of justice." 
 
 102. No sentence of death passed by such general court Governor's war- 
 martial shall be executed until the order of the governor, tenee"o/death. 
 by warrant under his hand and seal, shall be given,' which 
 
 warrant shall direct the time and place and the manner of 
 executing the sentence. 
 
 103. All sentences of death shall be executed by hanging sentence how 
 or shooting the- offender, as the warrant shall direct. 
 
 104. The governor's warrant shall be a sufficient autho- Warriinttobe 
 rity for executing any sentence of death, and such warrant eoution. ^ ^*' 
 shall be read aloud in the presence of the bystanders before 
 
 such execution at the time and place fixed for the same. 
 
 105. No officer under the rank of a captain shall sit on frfJi^^hS^shaii 
 a court martial for the trial of a field officer. ■ sit upon. 
 
 106. General courts martial, upon appeal being made General court 
 
 o_ • ,1 , J. ■ 1 • ■ • i. J martial a court 
 
 ffom any regimental court martial, may inquire into and of appeal, 
 confirm or annul the sentence. 
 
 107. If in the opinion of the general court martial any Powers of gene- 
 such appeal shall be made without sufficient cause, they tfa'un appeal', 
 may increase the appellant's punishment by imprisonment 
 
 where he resides -for a term not exceeding thirty days. 
 
140' MILITIA; [PART I. 
 
 Chap. 29. jqS. Any officer not under the rank of a captain, com- 
 Rogiraentai manding a regiment, battalion, or detachment, may order a. 
 w'iio ma/order, regimental court martial for the trial of any offence cogniz- 
 how eonstitu- ^^y^ thereby; the court to consist of at least fivemembere, 
 and the president not to be under the rank of captain. 
 
 Powers of court 109. Such courts martial may fine any offender in a sum 
 
 not exceeding five pounds, or may imprison him for a term 
 
 not exceeding thirty days. 
 
 Sentence how HO. No such Sentence shall be carried into effect until 
 
 approve . approved in writing by the officer in command of the regi-- 
 
 ment, battalion, or detachment. 
 Manner of pro- HI. AH courts martial Under this chapter may adminis- 
 power of court t&r oaths to witnesscs in the same manner as is the custom 
 tempT '''^°°°" ii courts martial in the British army, and they may punish 
 for contempt of court, either by disobedience of its orders 
 or abuse of the court in its presence, bj'- a fine not exceeding 
 five pounds, or imprisonment not exceeding twenty days. 
 Relations not to 112. No person shall sit on a court martial who shall be 
 related to the prosecutor or person accused within the 
 ^fourth degree. 
 Accuser stall 113. The accuser shall not sit as a member of the court 
 
 martial for trial of the person by him accused. 
 Expenses of 114. The governor may draw upou the treasury for the 
 
 military courts, j. j r xi- r-iv iP 
 
 how defrayed, sums neccssary to defray the expenses ot militia courts oir 
 
 inquiry. 
 In cases of 115. If upon any emergency arising from invasion made 
 
 loners of'^reoi-" or threatenfed upon this province, or the province of New 
 requlredYo'fur- Brunswick, it shall be necessary to call into actual service 
 nish drafts. any of the militia, the governor may order the colonel of 
 any regiment to furnish two huildred men for every six 
 hundred men of the first class, or the like proportion for 
 any greater or less number ; such men to be furnished either 
 from drafts of the regiments or by volunteers. 
 Officers, how se- 116. • The govemor may select from the regiments to 
 for'roglmenr^ which they bcloug, captains aud subalterns to command the 
 men furnished under the last section ; and may form any 
 number of the men furnished by the different regiments 
 into a regiment, or battalion for actual service, and appoint 
 field and staff officers, and an adjutant for the same, and 
 order such regiment or battalion into barracks or camp, and 
 adopt measures to render them efficient for actual service. 
 Provision in 117. Upou Calling out any body of the militia into actual 
 
 ^%°/men!'''' servico, the governor may direct the necessary measures 
 to be adopted to ascertain the ability of every man to per- 
 form his duty ; and if any man shall be found unable to 
 serve, his place shall be supplied by the colonel, and if such 
 man shall be a substitute the person in whose stead he 
 served shall prociire another substitute, under the same 
 penalty as for refusing to go into actual service or find a 
 substitute, or if the man has been originally drafted for the 
 . regiment the colonel shall take the next man standing for 
 
TITLE yil.] MILITIA.. 141 
 
 actual service in the same company, who shall go or fiiid a Chap. 29. 
 substitute under the same penalty. : 
 
 118. Every man called into actual service shall supply Necessaries, 
 himself with such necessaries as the governor shall direct, prodded""" 
 and appear with them where he shall be ordered ; and if 
 
 upon the certificate of the captain, approved by the colonel, 
 it shall appear that any man is not able to supply himself, 
 the proper officer shall furnish him with the same at the 
 public cost, not exceeding fifty shillings, and the amount 
 shall be stopped from his pay by gradual deductions. 
 
 119. The colonel may prosecute^ either in the supreme Desertion how 
 court or before any two justices eft' the peace, any person puSed!''""* 
 who shall abet the desertion of a man on actual service 
 
 under his command, or harbor or assist a deserter, knowing, 
 him to be such, and if convicted before the supreme court 
 the off'ender shall pay twenty pounds or be imprisoned for 
 three months, or if convicted before the two justices he 
 shall pay five pounds, or be imprisoned for twenty days; 
 such imprisonments, however, to terminate in either case 
 upon payment of the penalty. 
 
 120. The governor may order the drafts to be selected Power of gov- 
 and the names returned to him, and the men to be drilled arafts,&e!'wten 
 and disciplined without calling them intp actual service, "enrfoa^^num 
 and may select officers to command such men, and may ^™ °f ^^y^' 
 direct the measures to be adopted and make such orders as 
 
 may be necessary for that purpose, but the number of days 
 drill shall not exceed fifteen in anj'- one year. 
 
 121. No man shall be required to attend drill at any or driUs, and ' 
 squad drill for more than three hours in one day, nor to tSd!^ '° *' ' 
 travel more than four miles from his home to attend such 
 
 drill, nor to attend any company drill for more than four 
 hours in one day, nor to travel more than twelve miles^ 
 from his home to attend such company drill. 
 
 122. If any man, being duly notified, shall not attend any Fine for non-at- 
 squad drill and shall not have a reasonable excuse, to be ''""'*""®- 
 adjudged of by his captain, he shall be fined in a sum not 
 exceeding ten shillings. 
 
 123. If any man shall misbehave at any meeting, or Kneformisijo- 
 while engaged' in militia duty, the commanding officer may nStment' au"" 
 impose a fine of not less than five nor more than twenty ^'"^™" 
 shillings, or commit him to jail for not more than three' 
 
 days, and shall send with him the following warrant : 
 
 " To the sherifi"or keeper of the jail for the ccunty of . 
 
 You are hereby required to receive C. D. of my , 
 
 who was guilty of [state the offence,] on the day of 
 
 , while, engaged in militia duty under my command, 
 
 and him closely confine in your jail for the space of 
 
 from the time of his being delivered' into your custody, and at 
 
 the-expiration thereof you are to release the said C. D. on his 
 
 paying your fees, and this shall be yKkr sufficient warrant. 
 
 Given under my hand this day of , 18 — ." 
 
penalties. 
 
 142 MILITIA. [PART I, 
 
 Chap. 29. 124. If any non-commissioned officer ordered to escort 
 
 Fine for reftisai such man to jail, shall neglect to do so, he shall forfeit. 
 
 d°ertollfi°5th-^°'"*y shillings and be reduced to the ranks; and any 
 
 «r fines anci private who shall neglect to perform such duty shall pay 
 
 ten shillings ; and any sheriif or jailor who shall refuse to 
 
 receive and detain him for the time specified in the warrant 
 
 , shall forfeit five pounds. 
 
 Eeesforoom- 125. The non-commissioned officers shall receive three 
 
 ■priaonme'nt. " pcncc per mile for conveying the ofiender to jail, to be paid 
 
 by the offender before he shall be discharged, and if unable 
 
 to pay, he shall be detained in jail for twenty-four hours for 
 
 every five shillings of the amount ; and in that case the 
 
 quarter-master shall pay the non-commissioned officer his 
 
 fee out of the fines. 
 
 Confinement 126. The Commanding officer may confine any person 
 
 terrupting'm^' interrupting militia men when on duty, until the duty shall 
 
 litary duty. j^g performed, and the ofiender shall pay ten shiyings for 
 
 each offence. 
 Ferriage free to 127. Militia men going to and returning from duty shall 
 dom'ftom'ar- he entitled to a free passage across any licensed ferry ; and 
 "^^- shall be free from arrest under civil process, and any officer 
 
 arresting them shall be liable to an action for damages. 
 Persons exempt 128. Clergymen, members of the executive council, 
 from enrolment. j,j(iggg Qf tj^ supreme court, the receiver general, the finan- 
 cial secretary, and the provincial secretary, shall not be 
 liable to be enrolled in the militia. 
 Persons exempt 129. The foUowing persons shall be exempted from 
 rommusers. attending all musters, unless they hold commissions, viz : 
 the members of the legislative council, the members of the 
 house of assembly, the attorney general and the solicitor 
 general, justices of the peace, high sheriffs, coroners, the com- 
 missioner of crown lands, officers of the customs, officers, of 
 the colonial revenue, physicians and surgeons, all clerks, 
 storekeepers, mechanics, laborers and others employed in the 
 civil and military departments, of the army and navy who 
 may be exempted by the governor, one miller to every grist 
 mill, licensed ferrymep, the post-master general and the 
 clerks in his office, the deputy post masters and all mail 
 couriers, all firemen and engine men, quakers certified by 
 their society, and all teachers of academies and licensed 
 school masters. But whenever arms and accoutrements 
 shall be distributed, they shall be compelled under the penal- 
 ties provided for default, unless exempted from enrolment^ 
 to provide for themselves the required arms and keep them 
 in order ; and shall be liable to be called out and to perform 
 the duties of militia men when called into actual service, or 
 find substitutes. ' • 
 
 Sickness to ex- 130. When any man shall complain that by reason of 
 emptfromdu;}-. gigj^nggg qj. infirmity J^ is unable to perform the duties 
 required, the colonel«|ill order a board of one field officer 
 and two captains, or ^: three captains to inquire into the 
 
TITLE VII.] MILITIA. 143 
 
 complaint ;f and the court shall cause the man to apply to a Chap. 29. 
 
 physician or surgeon for his certificate, which shall be ~~^ 
 
 given without fee under a penalty of forty shillings ; and if 
 the board shall report that such man is unable to perform 
 his duty, the colonel shall exempt him therefrom until his 
 disability shall cease. 
 
 131. Any medical man giving a false certificate under Fine for false 
 the preceding section shall forfeit ten pounds. medical menf 
 
 132. The quarter-master shall give bond, with two sure- Quartei-maa- 
 ties, to the colonel for the faithful discharge of his duties, eommMons!'"* 
 and for accounting for and applying all monies and stores 
 
 he may receive, and he shall receive ten per cent, upon all 
 fines received by him. ' 
 
 133. The quarter-master shall annually, at the general shaii exhibit 
 meeting of the officers, and also upon three other occasions '"^ *"«"""''*■ 
 in the year if required by the colonel, exhibit his accounts. 
 
 131. The quarter-master, with the approbation of the May appoint a 
 colonel, may appoint a quarter-master-sergeant, for whom s"rgean"t?°'^''"^ 
 he shall be responsible. 
 
 135. Once in every year, and oftener on the advice of Meetings to be 
 three -captains if he shall think fit, the colonel shall require noi for making 
 the officers to meet at such time and place as he shall ■^^s^i'^'io^^ Re- 
 appoint, and there confer with him for the better regulation 
 
 of their companies, for establishing the limits of the com- 
 pany districts, and prescribing the number of men in each 
 company — for appropriating fines, and making such rules as 
 the major part may deem proper for the promotion of 
 military discipline. 
 
 136. All officers shall yield obedience to the commands Obedience eu- 
 of their superior officers, and shall observe the written iereV^^ne^" 
 regulations made at the meetings mentioned in the foregoing 
 section under a penalty of five pounds, to be adjudged at 
 
 the next meeting; but no officer shall be bound by any 
 regulation concerning his dress or appointment unless two- 
 thirds of the officers of his regiment shall have concurred 
 therein. 
 
 137. An account of all fines, with their appropriation, Accounts of 
 shall be rendered to the secretary's office by the colonel, appr^riation, 
 under the like penalty for default as in the preceding section. P^""'^«'i ^°''- 
 
 138. No rule shall be in force until it shall receive the ^^u rT^ufre 
 governor's sanction, except such as relate to the limits of the goTOmor's 
 districts, the number of men in a company, and the appro- ^*°" '°°' 
 priation of fines. 
 
 139. If any officer shall neglect to attend any board or Fines onofficera 
 meeting ordered by the colonel under this chapter, without to'^aUoud°meet- 
 a reasonable excuse, he shall forfeit, if a- field officer,- fiv§ ™^- 
 paunds ; if a captain, three pounds ; and if a subaltern, 
 
 two pounds. 
 
 140. Every field officer who shall remove from the <3is- ''^''i^°''^^°^'^^°: 
 trict, or who from other causes is not attached to any taohed, iiabio 
 regiment, but retains a conomission in the militia, shall be *° '^"'^' 
 
144 militia; [taet 'i. 
 
 Chap. 29. liable to sit on courts martial and to perform the other 
 
 duties of his rank when required by his superior officer, and 
 
 may, in case of necessity or vacancy, be ordered to take his 
 station in the regiment of the district where he resides ; 
 . and in case of his neglect to obey such orders may be tried 
 by a general court martial and deprived of his commission. 
 Officers cashier- 141. No officer cashiered by the sentence of a general 
 dfsiSd^ilse" court martial, or who may resign his commission, or who 
 rank, &e.,' jjag been dismissed from her majesty's service, or who shall 
 neglect within six months to qualify himself for the duties 
 of his station, and shall on that account upon the represen- 
 tation of the colonel be deprived of his commission by the 
 governor, shaU be entitled to any rank or privilege from 
 having held such commission, or be exempted from enrol- 
 ment or from the performance of the duties of a private. 
 Officers neglect- 142. Any officer who, having been appointed to a com- 
 Vl|,'°;'*^„« °"' mission and notified thereof, shall neglect for three months 
 
 UUlUullBSlOUS ini I'll 1 11 
 
 liable to be sup- to take out his Commission shall be hable to be superseded, 
 eree , c, ^^ ^^^^ ^^^^ ^^^^ ^^^^ ^^^^ ^^^ ^^^ ^^ which such com- 
 mission shall be taken, and which day shall be inserted in 
 the commission as the date thereof. 
 Inspecting offi- 143. The governor may appoint officers to inspect and 
 poln^df " '^^' command all or any of the regiments of militia throughout 
 the province, and such officers, when commissioned and 
 published in general orders to the militia, shall be obeyed 
 in all things lawful by all 'persons who shall be so placed 
 under their respective commands. 
 Adjt. geni., qtr. 144. The adjutant general and quartermaster general 
 serVrM jurors" shall be exempt from serving on any jury. 
 Persons of color 145. People of color shall be set apart by the colonel 
 intJo'ompaSes! ^^'^ formed into companies or bands of pioneers, as their 
 numbers may admit, and may be commanded by a non-com- 
 missioned officer of color, or otherwise, as the colonel shall 
 appoint, and they shall assemble and train under such officer, 
 . but no greater degree of duty shall be imposed upon them 
 than upon other militia men. 
 Provision for 146. If any person in actual service be wounded or 
 ed?n actuXser- disabled while on duty, he shall be supported out of the 
 ^'''®- public funds of the province as long as the disability shall 
 
 continue. 
 Widows and 147. lu casc of the loss of any officer or man while on 
 
 sons kme"!!, flow actual servicc, provision shall be made for the widow and 
 p*ovidedfor. family out of the public funds. 
 
 fines, howre- 148. All fines, unlSss otherwise directed, when not 
 enforced?" exceeding three pounds, shall be recovered before one 
 justice, and when above three pounds before two justices ; 
 and if payable by a militia man may be recovered in the 
 name of the officer commanding the company, and the clerk 
 shall be a competent witness ; and if payable from an officer 
 in the name of the adjutant ; and the amount in either case 
 may.be' levied with costs by distress, and for want of goods 
 
TITLE TIL] MILITIA. 145 
 
 tbe offender shall be committed to jail for the term pre- Chap. 29. 
 scribed for the offence, and if no term shall be prescribed he 
 shall be committed for two days for every five shillings of 
 the penalty. 
 
 149. No justice of the peace shall take any^ee for any Jnstiooa not en- 
 service performed under this chapter. *''^'"^ '" '^°*^' 
 
 150. Any process for the recovery of a fine under this Amendment pf 
 chapter may be amended until final judgment. Sed^for. ^'^"'^^ 
 
 151. All fines not otherwise appropriated shall, after Appropriation 
 deducting one fourth for collecting, be paid to the quarter- 
 master, to be applied under the direction of the colonel 
 towards defraying the expenses of the regiment. 
 
 152. The fees- received on militia commissions, issued Feesonoommia- 
 since the first day of January in the year one thousand^funded. 
 eight hundred and fifty-three shall be reftinded to tl^ parties 
 
 who paid the same, on their making application tlierefor, 
 and * on receiving from the provincial secretary's office a 
 memorandum of the amount paid by them- respectively. 
 
 153. All actions for anything done under this chapter aoSons*'"" "^ 
 shall be commenced within three months after the cause of 
 
 action arose, and the defendant may plead and give this 
 chapter and the special matter in evidence. 
 
 154. The following terms and expressions, when used in -Definition of 
 this chapter shall have the interpretations following, that is 
 
 to say : 
 
 "Regiment," any regiment or battalion of the militia; 
 " colonel," the colonel, lieutenants-colonel, or the commanding 
 officer of any regiment or battalion ; " captain,"^"the captain 
 or commanding officer of any company ; " clerk," the clerk, 
 or any person performing the duties of clerk of a company; 
 and " man," any person enrolled or liable to be enrolled in ' 
 the militia under the rank of a commissioned officer. 
 
 155. This chapter shall continue in force until the Limitation of 
 seventh day of May one thousand eight hundred and sixty- "'^^ ^'^' 
 three, and from thence to the end of the then next session 
 
 of the general assembly. 
 
 156. The governor in council may cause all the old arms oidarms&c., 
 and accoutrements of the militia to be sold by public auction, ™''^ 
 
 in the respective counties in which they are now deposited ; 
 and the nett proceeds of such sales shall be paid into the 
 treasury. ' 
 
 157. Nothing herein contained shall be construed to No money to, be 
 autJiorize the payment oi any money out oi the treasury forthepurohaae 
 under the provisions of this chapter for any services 'per- o^'"^'™^- 
 formed after the first day of August one thousand eight 
 hundred and fifty-seven, except for the purchase of- new 
 
 arms to replace those to be sold as hereinbefore directed, 
 such purchase not to exceed the nett proceeds of the sale 
 of old arms, unless the governor in consequence of an inva- 
 sion made or threatened, or of some pressing emergency, 
 shall issue a proclamation for the enrolment of the; militia.' 
 
1.46 billetting troops. [part i. 
 
 Chap. 30. 
 
 CHAPTER 30. 
 
 OF BILLKTTING THE TROOPS AND MILITIA. 
 
 Troops andMi- 1. Whenever any detachment of her majesty's forces or 
 letted. °^ '"^" of the militia shall be ordered to march in this province, 
 the justices of the peace shall billet them in inns and 
 licensed taverns, or in the houses of persons who have 
 within one month previously kept an inn or licensed tavern ; 
 and the persons on whom they are billetted shall furnish 
 such troops or militia with lodging and with provisions, 
 consisting of bread, flesh and vegetables, and the officer 
 commanding them shall give certificates of the number of 
 meals and nights' lodging, which shall entitle the person sup- 
 plying the same to one shilling and three pence for each 
 meal, and for every nights' lodging three pence. 
 Fine for faiso 2. If any militia officer shall give a false certificate, he 
 oerti oates. ghall be Cashiered by a general court martial, and shall also 
 forfeit fifty pounds, to be recovered in the supreme court, 
 one half thereof to be paid to the informer, and the remain- 
 ing half into the treasury. 
 Expenses how 3. The govemor may draw warrants on the treasury in 
 lnd"drawn.' favor of the parties entitled thereto under such certificates 
 for all sums payable for the billetting of the militia, and also 
 for the billetting of regular troops when on a march under 
 a route granted by the governor on their removal froin one 
 part in the province to another, but no greater sum shall be 
 drawn in any one year under this section than five hundred 
 pounds. 
 Certificates ur- 4. The Certificates of the number of meals and nights' 
 how^payawe™ lodging furnished to any of her majesty's troops under the 
 first section, and for which payment is not provided under 
 the last section, shall entitle the person who furnished the 
 same to receive payment from the officer granting the cer- 
 tificate, or from the officer appointed by the commander-in- 
 chief to pay the same. 
 Further provi- 5. Where the houses specified in the first section shall 
 tiSI'tro'opB^n'" not te sufficient to billet the whole regiment or detachment, 
 certain oases, part of them may be billetted on other housekeepers, in the 
 discretion of the justices ; and any person who shall refuse 
 -to receive troops or militia so billetted upon him shall for- 
 feit five pounds. 
 Baggage con- 6. Two justices may, upon the application of the com- 
 vfSTrat^e^of maudiug officer, and on production of a route, signed by 
 charges. the commander-in-Ghief, order a suitable number of carts or 
 
 waggons, and horses, to be furnished for conveying the 
 .baggage of the regiment or detachment, and the owners 
 shall receive from the officer commanding the detachment 
 
TITLE Vn.] PUBLIC FORTIFICATIONS. 147 
 
 at the rate of one shilling a mile for one horse, cart and Chap. 31. 
 
 driver to carry five hundred gross weight for twenty miles, 
 
 and for every additional horse nine pence a mile, but the 
 
 additional load for each horse shall not exceed five hundred 
 
 gross weight. When ordered to halt, two shillings and six 
 
 pence an hour shall be paid while the detention shall last, 
 
 and the commanding officer shall make out certificates of 
 
 the weights, distances, time and cause of detention, and 
 
 take receipts thereon for payments. 
 
 7. Any person refusing to furnish horses and carts, or y'lios for refusal 
 
 •' 1 11 '^.,1 , 11 in to furnish con- 
 
 waggons, when ordered, without a reasonable excuse, shall veyances. 
 
 forfeit forty shillings. 
 
 8. If any commanding officer shall constrain any cart to Fines on officers 
 travel more than twenty miles, or shall refuse to discharge duct in^e^?d 
 it in due time to return home, or shall overload it either by to conveyances. 
 permitting soldiers or others to ride thereon, or otherwise, 
 
 or shall force carts or horses from the owners thereof, he 
 shall forfeit forty shillings. 
 
 9. No loaded cart passing from town to town, nor any Horses and 
 horse travelling for the owner, shall be taken for the pur- whenapSiy 
 pose of transporting baggage. ■ ' employed. 
 
 CHAPTER 31. 
 
 OP PUBLIC FORTIPICATIONS. 
 
 1. When the commander-in-chief of her majesty's troops Private proper- 
 shall judge it necessary to erect fortifications on private mia'tedfor?oru- 
 property, or to apply the same for other military purposes, noations.- ■ 
 he shall apply to the supreme court of the county where the 
 lands are situate, and on notice given to the owners a jury 
 of twfenty-four freeholders shall be' summoned, who, after 
 being sworn, shall view the premises'and ascertain to whom 
 the lands ' belong, and the value of the ' land of each pro- 
 prietor separately, and shall return their verdict to the 
 supreme court in writing, under the' hands and seals of at 
 least thirteen of them, which shall be filed and become a 
 record of the court. ■ > 
 
 ' 2. The amount of such verdict shall be paid to the vaiue, when 
 respective proprietors named therein, and if any of them towhom°pa)d° 
 shall refuse to accept the same, the money shall be paid 
 into court for their use, and such lands shall thereupon be- 
 come vested in her majesty forever. If any proprietor 
 be a minor, the value of his land shall be paid to his 
 guardian. 
 
 3. If the sherilf shall neglect to summon a jury, he shall Fines on sheriff 
 forfeit' twenty pounds ; and in case any of the jury shall uotSg^ut/f 
 10 
 
148 NATURALIZATION OP ALIENS. [PAET L 
 
 Chap. 32. not attend, or shall refuse to be sworn, each offender shall 
 ■ ■ forfeit five pounds.. 
 
 TITLE YIIL 
 
 CHAPTER 32. 
 
 op THE NATURALIZATION AND PRIVILEGES OP ALIENS. 
 
 Aliens natural 1. Aliens may be naturalized by an act of the assembly 
 
 assembly"' "^ in Conformity -with the act of the imperial parliament, 10th 
 
 and 11th Victoria, chapter eighty-three, and shall take and 
 
 subscribe in duplicate the oath of allegiance before a judge^ 
 
 of the supreme court in open court, who shall attest the 
 
 same. 
 
 Copy and dnpii- 2. One copy of the oath shall be filed by the officer of 
 
 w'here'fiied'- t^© court, who shall rcceive therefor, and for making the 
 
 ftesofijffioer. duplicate, twenty shillings ; and he shall forthwith transmit 
 
 the duphcate, certified under his hand and the seal of the 
 
 court, to be filed in the provincial secretary's office. 
 
 Certificate to be 3. The officer shall also give a certificate under his hand 
 
 ^TdenoeTfee'' and the seal of the court that the oath of allegiance has 
 
 therefor. been taken, which certificate shall be evidence of its con-, 
 
 tents ; and therefor he shall be entitled to ten shillings. 
 Aliens may 4. AKcns may take, hold, convey, and transmit real 
 
 told and con- „o+q+o 
 rey real estate. csLdtc. 
 
 Titles not inva- 5. No title to real estate shall be invalid on account of 
 of a"?enage"° the alienage of any former owner or holder thereof. 
 Foregoing pro- 6. Nothing in this chapter shall have the efi'ect of con- 
 retrospeotive. firming or rendering valid the title or claim of any alien 
 invalid or incapable of being enforced on account of alien- 
 age, on the thirty-first day of March, one thousand eight 
 hundred and fifty-four. 
 
TITLE IX.] -CENSUS AND STATISTICS; 149 
 
 TITLE IX. '^—-*^'^'^'^'*-' 
 
 CHAPTER 33. 
 
 05" THE CENSUS AND STATISTICAL INFORMATION. 
 
 1. Two members of the executive council to be appointed Board of staus 
 by the governor in council, shall, together with the finan- pofitX °'^'" 
 eial secretary for the tim^being, constitute a board of 
 statistics. 
 
 2. The board shall prepare and cause to be printed and ^"•'ms to be 
 circulated, as hereinafter provided, all such forms as to IIS^ ' " 
 them shall seem best adapted for the purposes of this 
 
 chapter, and such instructions as they shall deem necessary 
 for the guidance of the persons appointed to take the cen- 
 sus hereinafter provided for; and shall cause a sufficient 
 supply of such forms and instructions to be forwarded to 
 the several clerks of the peace on or before the first day of 
 September previous to every year appointed for taking the 
 census. The tables to be issued shall be in the form in the 
 schedule, with such additional inquiries as to the board shall 
 seem requisite, and they may strike out any, which, in prac- 
 tice, may be found inconvenient. 
 
 3. The board shall have the general supervision of the .»uty of board, 
 statistics of the province, and shall cause to be prepared 
 annually, and laid before the legislature at an early period 
 
 of the session, a general report of such statistics, to com- 
 prehend the returns of deaths, marriages, baptisms and 
 births, of coroners inquests, and convictions, fines and for- 
 feitures required to be made to them by law. The report 
 shall also contain such information relative to the trade, 
 manufactures, agriculture, and population of the province, 
 as they shall be able to obtain. 
 
 4. The governor in council may appoint the clerk of the ■ secretary of 
 board of revenue to be the secretary of the board, or pofnted"'' "'^'' 
 assign the duties of that office to any of the clerks in the 
 
 office of the financial secretary, the provincial secretary, or 
 receiver general. 
 
 5. The first general census shall be taken between the First and suc- 
 months of June and December in the present year, and censu"°wSto^ 
 a like general census shall be taken between the same betaken. 
 months in every fifth year hereafter. 
 
 6. As soon as the tables and instructions shall be issued J.<"?"''f? ^°^ 
 by the board, the sessions shall set off the several counties districts •, ap- 
 into different sections, following the divisions of electoral enumei-ators', 
 districts, but with power to unite districts ; and shall appoint j^^tJfrn™"*^"'"* 
 enumerators for the different sections, who shall be resident 
 
 therein ; and they shall also appoint two justices to act 
 
150 
 
 CENSUS AND STATISTICS. 
 
 [PART r. 
 
 Chap. 33, 
 
 Enumerators to 
 be sworn. 
 
 Their duty. 
 
 Their powers -, 
 penalty for ob- 
 structing. 
 
 Returns how 
 prepared and 
 
 Clerlt of the 
 peace, with jus- 
 tices, to ex- 
 amine and cor- 
 rect returns, if 
 necessary, and 
 prepare ab- 
 stracts for the 
 legislature. 
 
 Remuneration 
 of enumerators. 
 
 along with the clerk of the peace in preparing the abstract 
 of the returns as hereinafter provided : of all which the 
 clerk of the peace shall make a return to the board. 
 
 7. Enumerators, before entering upon the duties of their 
 office, shall be sworn into office before a justice of the 
 peace, who shall administer the oath without charge. 
 
 8. The ennmerators shall visit every house within their 
 section, and take an account in writing, according to the 
 forms to be provided for that purpose by the board, of 
 everything specified. in the forms. 
 
 9. The enumerators may demand from the head of every 
 family residing within their respective "sections, or from 
 any member of the family being more than twenty-one years 
 of age, and from the owners or managers of factories and 
 agents of companies, or from others having knowledge 
 of the matters inquired into and not being minors, true 
 answers to all questions necessary for the purpose of taking 
 such accounts ; and any such person who shall not answer, or • 
 shall wilfuUy give a false answer to any such question, and 
 also every person who shall in any way wilfully obstruct an 
 enumerator in the execution of his duties, shall for every 
 such oifence, forfeit not less than ten nor more than fifty 
 shillings. 
 
 10. The enumerators shall sign their returns, and cer- 
 tify thereon, that the same have been truly and faithfully 
 taken by them, and that the same are correct, so far as they 
 can ascertain, and shall lodge the same in the office of the 
 clerk of the peace within one month next after the account 
 shall have been taken. 
 
 11. The clerk of the peace, together with the two jus- 
 tices, shall examine the returns made by the enumerators, 
 and cause any defect or inaccuracy that may be discovered 
 therein, to be supplied or corrected by the enumerators, as 
 far as possible, and shall make therefrom an abstract in 
 such form as may be required by the board, and shall trans- 
 mit triplicate copies of the abstract to the board within 
 one month next after receipt of the returns ; and copies 
 thereof shall be laid before the two houses of the legisla- 
 ture Avithin the first ten days of the session then next ensu- 
 ing, and the original returns shall be kept as records of the 
 county in the office of the clerk of the peace. 
 
 12. There shall be allowed out of the provincial trea- 
 sury for each of the enumerators who shall make and trans- 
 mit to the clerk of the peace faithful returns of the forms 
 issued by the beard within the time limited for that purpose, 
 such sums of money as shall be agreed upon by the sessions 
 and enumerators ; and if the service shall be agreed to be 
 done by days' work no greater sum shall be paid than six 
 shillings and three pence per day for every day that every 
 such enumerator has been diligently and in good faith 
 engaged in the performance of his duties ; and the sessions 
 
TITLE IX.] IJENSUS AND STATISTICS, 151 
 
 shall cause an account of such expense to be prepared and Chap. 33. 
 signed by the clerk of the peace, and by him returned to 
 the board. 
 
 13. Clerks of the peace shall, in full for all their services Remuneration 
 under this chapter, receive froia the provincial treasury peaee*^"^"'* 
 seven pounds and ten shillings, to be paid after the taking 
 
 of every census, on the certificate of the board that the 
 services have been faithfully performed. 
 
 14. Any enumerator who shall not perform the duties Fine upon enu 
 required of him by this chapter shall, for every offence, for- ""^^ ""' 
 feit not less than five nor more than ten pounds. 
 
 15. Any person who shall not comply with the require- Offences not 
 ments of this chapter in any matter for which no punish- videdagamstto 
 ment is herein specially provided, shall be guilty of a mis^emeanoi^s! 
 misdemeanor. 
 
 SCHEDULE. — QUESTIONS- Schedule. 
 
 Buildings. 
 
 1. How many inhabited houses. 
 
 2. By how many families inhabited. 
 
 3. Houses now building. 
 
 4. Uninhabited houses. 
 
 5. Stores, barns and outhouses. 
 
 InhaMtants of vari(ms ages. 
 
 ^. Number of males under ten years of age. 
 
 7. Number of females under ten. 
 
 ■8. Number of males from ten to twenty. 
 
 S. Number of females from ten to twenty. 
 
 10. Number of males from twenty to thirty. 
 
 11. Number of females from twenty to thirty- 
 
 12. Number of males from thirty to forty. 
 
 13. Number of females from thirty to forty- 
 
 14. Number of males from forty to fifty. 
 
 15. Number of females from forty to fifty. 
 
 16. Number of males above fifty. 
 
 17. Number of females above fifty. 
 
 MarrieoL 
 
 18. Number of married persons of both sexes. 
 
 Widowers. 
 
 19. Number of widowers. 
 
 Widows. 
 
 20. Number of widows. 
 
 Bate payers. 
 3,1. .Number of rate payers- 
 
152 CENSUS AND STATISTIGSv [PART It. 
 
 Chap. ^33. Paupers. 
 
 22. Number of paupers. 
 
 Dzaf and Dumb. 
 
 23. Number of males deaf and dumb. 
 
 24. Number of females deaf and dumb. 
 
 Blind. 
 
 25. Number of males blind. 
 
 26. Number of females blind. 
 
 Lunatics^ 
 
 2T. Number of male lunatics. 
 
 28. Number of female lunatics. 
 
 Idiots. 
 
 29. Number of male idiots. 
 
 30. Number of female idiots. 
 
 Indians. 
 
 31. Number of male Indians, including childrerr. 
 
 32. Number of female Indians, including childreu- 
 
 Colored persons. 
 
 33. Number of colored males, including children. 
 
 34. Number of colored females, including children. 
 
 Assessments. 
 
 35. Amount of assessments for county rates. 
 
 36. Amount of assessments for poor rates. 
 
 37. Highest rate- for poor in the county. 
 
 38. Lowest rate for poor in the county. 
 
 Value of property.. 
 
 39. Assessed value of real estate, 
 
 40. Probable value of real estate. 
 
 41. Assessed value of personal estate. 
 
 Births, deaths, and marriages. 
 
 42. Number of births the preceding year. 
 
 43. Number of deaths the preceding year. 
 
 44. Number of marriages the preceding year. 
 
 Numbers engaged in various occupationsi. 
 
 45. Number of clergymen or ministers. 
 
 46. Number of doctors. 
 
 47. Number of farmers. 
 
 48. Number of mechanics. 
 
 49.. Number of merchants and traders.. 
 
TITLE !fe.] CENSUS AND STATISTICS. 15S 
 
 50. Number of persons engaged in the fisheries. Chap. 33. 
 
 51. Number of seamen registered. , 
 
 52. Number of persons employed at sea. 
 
 53. Number of persons engaged in lumbering. 
 
 Places of worship. 
 
 54. Number of churches and places of worship of each 
 denomination. 
 
 Schools and pupils. 
 
 55. Number of schools in district. 
 
 56. Number of children attending school. 
 
 Numbers of various religious denmninations. 
 
 57. Number of church of England. 
 
 58. Number of Catholics. 
 
 59. Number of kirk of Scotland. 
 
 60. Number of free church. 
 
 61. Number of presbyterian church of Nova Scotia. 
 
 62. Number of baptists. 
 
 63. Number of methodists. 
 
 64. Number of congregationalists. 
 
 65. Number of universalists. 
 
 66. Number of Lutherans, sandimanians, quakers, and 
 other denominations. 
 
 Improved land. 
 
 67. Number of acres of dike land, and average value. 
 
 68. Number of acres of other improved land. 
 
 Agricultural produce. 
 
 69. Number of tons of hay cut. 
 
 70. Number of bushels of wheat raised. 
 
 71. Number of .bushels of barley raised. 
 
 72. Number of bushels of rye raised. 
 
 73. Number of bushels of oats raised. 
 
 74. Number of bushels of buckwheat raised. 
 
 75. Number of bushels of Indian corn raised. 
 
 76. Number of bushels of peas and beans raised. 
 
 77. Quantity of timothy and clover seed raised. 
 
 78. Number of bushels of potatoes raised. 
 
 79. Number of bushsels of turnips raised. 
 
 80. Number of bushels of other root crops raised. 
 
 Agricultural stock. 
 
 81. Number of neat cattle. 
 
 82. Number of milch cows. 
 
 83. Number of horses. 
 
 84. Number of sheep. 
 
 85. Number of swine. • 
 
154 CENSUS AND STATISTICS. [PAET I." 
 
 Chap. 33. Fisheries. 
 
 86. Number of vessels engaged in fisheries, and men on 
 board. 
 
 87. Amount of tonnage engaged in fisheries. 
 
 88. Number of boats engaged in fisheries, and men on 
 board. *■ 
 
 89. Number of nets and seines. 
 
 90. Quantity of dry fish cured. 
 
 91. Quantity of salmon caught and cured. 
 
 92. Quantity of mackerel caught and cured. 
 
 93. Quantity of shad caught and cured. 
 
 94. Quantity of herrings caught and cured. 
 
 95. Quantity of smoked herrings cured. 
 
 96. Quantities and value of other fish cured. 
 
 97. Quantity and value of fish oil. 
 
 Mills and factories. 
 
 98. Number and value of saw miUs, and number of 
 hands employed. 
 
 99. Number and value of grist Tnills, and number of 
 hands employed. 
 
 100. Number and value of tanneries, and number of 
 hands employed. 
 
 101. Number and value of foundries and number of 
 hands employed. 
 
 102. Number and value of weaving and carding estab- 
 lishments, and number of hands employed. 
 
 103. Number and value of breweries and distilleries, 
 and number of hands employed. 
 
 104. Number and value of hand-looms. 
 
 105. Number and value of factories other than the 
 above, a^d number of hands employed. 
 
 106. Number of steam miUs or factories. 
 
 Articles manufactured. 
 
 107. Nlmber of yards of fulled cloth manufactured last 
 year. 
 
 108. Number of yards of cloth not fulled: 
 
 109. Number of yards of flannel. 
 
 110. Value of boots and shoes manufactured. 
 
 111. Value of leather manufactured. 
 
 112. Value of candles manufactured. 
 
 113. Value of soap manuftictured. 
 
 114. Value of agricultural implements manufactured. 
 
 115. Value of chairs and cabinet ware manufactured. 
 
 116. Value of carriages nianufactured. 
 
 117.' Value of wooden ware other than the above manu- 
 factured. 
 
 118. Value of iron castings manufactured. 
 
 119. Quantity of coal raised. 
 
TITLE X.] SALAEIES AOT» PENSIONS. 155 
 
 120. Quantity of iron smelted, and value. Chap. 34. 
 
 121. Number of gallons of malf liquor manufactured. 
 
 122. Number of gallons of distilled liquor manufactured. 
 
 123. Casks of lime burnt, and value. 
 
 124. Quantity of bricks manufactured, and value. 
 
 125. Number and value of grindstones quarried. 
 
 126. Tons and value of gypsum quarried. 
 
 127. Quantity of maple sugar manufactured. 
 
 128. Quantity of butter manufactured. 
 
 129. Quantity of cheese manufactured. 
 
 130. Number of vessels buUt, and tonnage. 
 
 131. Number of boats built. 
 
 132. Quantity of deal made. 
 
 133. Quantity of pine boards made. 
 
 134. Quantity of spruce boards made. 
 
 135. Quantity of squared timber made. 
 
 136. Quantity of staves manufactured. 
 
 TITLE X. 
 
 OF CERTAIN* PUBLIC OFFICERS. 
 
 CHAPTER 34. 
 
 OP THE SALAEIES OF CERTAIN PUBLIC OFFICERS AND CERTAIN 
 
 PENSIONS. 
 
 1. There shall be allowed to the several officers hereafter salaries of pub 
 mentioned, to be paid quarterly out of the public funds i'""^"®™- 
 income and general revenue, the following salaries in ster- 
 ling money, to wit : 
 , To the governor, three thousand pounds. 
 
 T(*the present chief justice, during his incumbency, one 
 thousand pounds. 
 
 To any future chief justice, six hundred and forty 
 pounds. 
 
 To the honorable "W. B. Bliss, one of the assistant jus- 
 tices of the supreme court, during his incumbency, sis hun- 
 dred and fifty pounds. 
 
 To the other assistant justices, now or hereafter to be 
 appointed, five hundred and sixty pounds. 
 
 To the provincial secretary, five hundred and sixty 
 pounds. 
 
 To the attorney general four hundred pounds. 
 
 To the solicitor general, one hundred pounds. 
 
 To the receiver general, four hundred and eighty pounds. 
 
156 
 
 SALARIES AND PENSIONS. 
 
 [part I, 
 
 Chap. 34. 
 
 Fees disallow- 
 ed ; what sala- 
 ries are inde- 
 pendent of 
 expenses. 
 
 Salaries, the 
 duration of 
 which are spe- 
 oiflcally limited 
 
 Salaries made 
 chargeable on 
 general reve- 
 Bues. 
 
 Retiring pen- 
 sions. 
 
 When pensions 
 to cease. 
 
 Duration of cer- 
 tain pensions. 
 
 Travelling ex- 
 penses of 
 Judges. 
 
 Conveyance for 
 
 indges on Cape 
 Sreion oirouit. 
 
 To the financial secretary foiir hundred and eighty 
 pounds. 
 
 2. The salaries of the chief justice, assistant justices, 
 and provincial secretary, to be without any fees of ofiSce 
 whatsoever; and those of the receiver general, and the 
 provincial and financial secretaries to be clear of all deduc- 
 tions for the necessary expenses of their departments. 
 
 3. The salaries of the governor, chief justice, assistant 
 justices, provincial secretary, attorney general, and solicitor 
 genera], are to be continued until eighteen months after the 
 demise of her present majesty ; but the following sums in 
 sterling money being- in whole or in part of the salaries 
 granted to the different officers, by the first section are 
 made chargeable upon the general revenues of this province, 
 viz : 
 
 Governor two thousand pounds. 
 
 The assistant justices, four hundred and eighty pounds, 
 leaving the remainder of such salaries determinable upon 
 the contingency mentioned in this section. 
 
 4. There shall be paid quarterly to the several persons 
 hereafter mentioned, for their respective lives, out of the 
 public funds income and general revenue, the following 
 pensions in sterling money, to wit : 
 
 John G. Marshall, esquire, two hundred and forty pounds. 
 William Q. Sawers, esquire, tw^himdred and forty pounds. 
 Henry W. Crawley, esquire, two hmidred and forty pounds. 
 Miss Cox, one hundred pounds. 
 
 John Spry Morris, esquire, two hundred and forty pounds. 
 The honorable Alexander Stewart, three hundred and 
 twenty pounds. 
 
 Nathaniel W. White, esquire, one hundred pounds. 
 
 5. The pensions to John G. Marshall, WiUiam Q. Sawers, 
 Henry Crawley, and John Spry Morris, shall cease upon 
 their respectively accepting an office under government 
 of equal or greater value. 
 
 6. The pensions to the honorable Alexander Stewart, 
 and Nathaniel W. White, esquire, shall cease respectively 
 upon their respectively accepting an office under the pro- 
 vincial government of equal or greater value to, or than 
 the pension hereby allowed to them respectively. 
 
 7. The pension to Miss Cox shall cease eighteen months 
 after the demise of her present majesty, if not sooner deter- 
 mined. 
 
 8. The chief justice and assistant justices on circuit, 
 shall be severally allowed one pound three shillings and 
 four pence currency a day for their travelUng expenses, to 
 commence on the day of leaving their respective homes 
 or places of abode, and to end four days after the adjourn- 
 ment of the court at the termination of the circuit. 
 
 9. It shall and may be lawful for the governor, upon the 
 application of the judge going the Cape Breton circuit, to 
 
TITLE ^.J QUALIFICATION, ETC., OP JUDGES. 157 
 
 procure such necessary and comfortable conveyance for the yHAP. 35. 
 purpose, as he shall think fit and proper. 
 
 10. The act forty-six, George the third, chapter thirteen, f s, Geo. 3, ohap 
 is hereby repealed. 
 
 CHAPTER 35. 
 
 OP THE QUALIFICATIONS, APPOINTMENT, AND TENURE OP OFFICE 
 OP THE PRINCIPAL JUDICIAL OFFICERS. 
 
 1. No person shall be appointed a judge of the supreme QuaiiSoation of 
 court, unless he shall have been a barrister of this province J^'^^es. 
 
 for ten years, and shall have been practising as such for five 
 years next before such appointment. 
 
 2. The judges of the supreme court shaU hold no other Judgea not to 
 office under government except that of judge of the admi- ty^of oflSe"!^''''" 
 ralty, and that of vice president of the court of marriage 
 
 and divorce. 
 
 3. The judges of the supreme court shall hold their ?'®P'"'f »L 
 offices during good behaviour, notwithstanding the demise ^" ^"^ " "*' 
 of her majesty. 
 
 4. Provided always, that it may be lawful for the gover- EemoTai of 
 nor to remove any judge of the supreme court upon the i'^fteii.'"*'' 
 address of the legislative council and house of assembly , 
 
 and in case any judge so removed shall think himself 
 aggrieved thereby, it shall be lawful for him within six 
 months to appeal to her majesty in her privy council, and 
 such amotion shall not be final until determined by her 
 majesty in her privy council.' 
 
 5. When any judge of the supreme court shall die or Appointment or 
 resign his office, or be removed in the manner authorized by ■'" ^°^' 
 
 the preceding section, it shall be lawful for the governor to 
 appoint by commission, under the great seal of this province, 
 some fit and proper person to hold the said office until the 
 royal pleasure shall be made known, and such appointment 
 shall be held to be superseded by the issuing of a commis- 
 sion under the great seal of this province to the same 
 person or such other person as her majesty shall appoint in 
 the place of any judge who has died or resigned, or been 
 removed in the manner authorised by the preceding section, 
 or by signification, within the province, of the royal decision 
 in the privy council, restoring to his office any judge who 
 may have been so removed. 
 
158 receiver general, financial secretary. [part i. 
 
 Chap. 36. 
 
 CHAPTER 36. 
 
 OF THE OFFICES OP RECEIVER GENERAL AND FINANCIAL SECRE- 
 TARY, AND THE RENDERING AND AUDIT OF THE PUBLIC 
 ACCOUNTS. 
 
 Receiver gene- 1. The receiver general shall give bond in four thousand 
 tenureof^offie* pounds, with four sureties in'one thousand pounds each, for 
 the faithful discharge of his duties, and shall hold office 
 during pleasure. 
 Clerk; his du- 2. He shall have a principal clerk to assist him in the 
 wiary."^^' ^""^ business of his office, who shall be the cashier of the savings' 
 bank, and shall give bond in one thousand pounds, with two 
 sureties in five hundred pounds each, for the faithful dis- 
 charge of his duties, and shall be entitled to a salary of two 
 hundred and fifty pounds, payable quarterly, such clerk to 
 be appointed by the governor in council, and to hold office 
 during pleasure. 
 Financial aecre- 3. The financial Secretary shall give bond in two thou- 
 a^d'tenureof sand pounds, with two sureties in one thousand pounds 
 office. each, for the faithful discharge of his duties, and shall hold 
 
 office during pleasure. 
 Clerk i his du- 4. He shall have a principal clerk to assist him in the 
 saiary"*^' "'"'' business of his office, who shall give a bond in one thou- 
 sand pounds, with two sureties in five hundred pounds 
 each, for the faithful discharge of his duties, and shall be 
 entitled to a salary of two hundred pounds, payable quar- 
 terly, such clerk to be appointed by the governor in coun- 
 cil, and to hold office during pleasure, 
 ^."aely^mem- ^* ^^^ receiver general and financial secretary shall be' 
 bers of the ad- members of the provincial administration for the time being. 
 jRecr. general's 6. The receiver general shall receive, and on the war- 
 offieiai duties, j-^nt of the govemor pay, all public monies, 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 his 
 office, and in what form the books to be opened thereat 
 shall be kept; but one general cash book shall be kept by 
 him, in which there shall be entered, from day to day, aU 
 monies received and paid, with the names of the parties 
 who received or paid the same, and which book shall be 
 open at all times to the inspection of the members of the 
 executive government, or of any member of the legislature. 
 Rec. gen'i. ma- 7. The receiver general shall manage or superintend the 
 Bur/ notes, fun- treasury notes, the funded debt, and the savings' bank, as 
 fafings'*riant hereafter provided for. 
 
 Financial score- 8. It shall be the duty of the financial secretary to exa- 
 
 Sel"*^"'*^ mine and check from time to time, as they shall come in, all 
 
 accounts of public receipts and expenditure of every kind 
 
 and description. The accounts of the revenue officers and 
 
TITLE X.] COMMISSIONEE OF CROWN LANDS. 159 
 
 collectors of light duties at Halifax and in the outports Chap. 37. 
 
 shall regularly pass under his s\ipervision, and any error or 
 
 mistake therein be immediately pointed out and rectified, 
 and the attention of the governor in council if necessary 
 directed thereto ; and no account of any public expenditure 
 whatsoever for road work, public buildings, light houses, 
 education, or otherwise, shall be paid by the receiver gene- 
 eral until the same shall have been carefully examined and 
 certified to be correct, or any mistake or error therein point- 
 ed out and rectified by the financial secretary, or, in case 
 of his absence or indisposition, by his principal clerk. 
 
 9. Such accounts, so examined and certified under the Warrantsdrawn 
 hand of the financial secretary, or in case of his absence ™unt3^duiy"" 
 or indisposition under the hand of his principal clerk, shall ^o^oiiod. 
 
 be necessary vouchers previous to the issue of a warrant 
 for the payment of the sums therein expressed, or for the ^ 
 payment thereof under any general warrant previously |P iH 
 issued therefor. 
 
 10. The principal revenue officer at Halifax and the Quarterly ac 
 receiver general shall furnish quarterly accounts of all sums rendered'to''the 
 received and paid by them respectively, to be examined and ^r'^^fofflof aS 
 checked by the financial secretary; and such quarterly presented to the 
 accounts shall be collected and formed into one general aiiyf y'^'"'*'' 
 account, to be presented by the principal revenue officer 
 
 and the receiver general to the general assembly in every 
 year within the first ten days of each session and to be 
 examined and audited by a joint committee drawn from the 
 legislative council and house of assembly as heretofore. 
 
 11. It shall be. competent for the governor in council to Governor may 
 direct from time to time which of the public accounts shall i^Jthemana^- 
 be filed in the office of the. financial secretary, and in what ™g™' "^"'^ °^' 
 form the books to be opened thereat shall be kept, and also, 
 
 from time to time, on the report of the financial secretary 
 to issue such orders for the more economical expending of 
 the public monies, by the taking of contracts after due 
 advertisement, or by such other guards and provisions as 
 may appear most judicious for the checking of any abuse 
 and the more vigilant and faithful husbanding of the public 
 monies. 
 
 CHAPTER 37. 
 
 OF THE OFFICES OP SUEVEYOE GENERAL AMD COMMISSIONER 
 OF CROWN LANDS. 
 
 1. The offices of surveyor general and commissioner of raflnSoommit ' 
 crown lands for the whole province shall be united in one f°^^^, "^^H^'^ 
 person, who shall hold office during pi '^'n^-. are. united. 
 
160 
 
 TEEASURY NOTES, ETC; 
 
 [PART i; 
 
 Chap. 38. 2. The salaries and other expenses of the crown land 
 saiarieB,-&o., of office shall be as follows : 
 
 Salary of commissioner of crown lands, five hundred 
 pounds ; salary of first clerk, two hundred and fifty pounds; 
 additional clerks, three hundred pounds ; contingencies, fifty 
 pounds. 
 
 3. The before named salaries are current money of 
 Nova Scotia, and not sterling. 
 
 the crown land 
 office. 
 
 Salaries to be 
 eurrency. 
 
 '^K^ ^m 
 
 TITLE XI. 
 
 CHAPTER 38. 
 
 OP TREASURY NOTES, THE FUNDED DEBT, AND THE SAVINGS' 
 
 BANK. 
 
 Commissioners 
 of treasury 
 notes, how ap- 
 pointed. 
 
 Form and mode 
 of issue provi- 
 ded for. 
 
 Old notes re- 
 placed. 
 
 Notes dated 
 previously to 
 1846, how dis- 
 posed o£ 
 
 Warrants, how 
 paid. 
 
 Torn and de- 
 fiioed notes pro- 
 vided for; issue 
 limited. 
 
 1. The governor in council shall appoint three commis- 
 sioners of treasury notes, who shaU hold ofSce during 
 pleasure and be sworn before a judge of the supreme court 
 to the faithful discharge of their duties. Any vacancy to 
 be filled up by a similar appointment. 
 
 2. The form of treasury notes now in use, and the mode 
 of issuing, shall be continued ; and all impressions taken 
 from the plate now in the custody of the provincial secre- 
 tary shall be securely kept in his oflEice till required by the 
 commissioners, or any two of them, at the instance of the 
 governor in council. 
 
 3. The commissioners shall from time to time deliver to 
 the receiver general as many new treasury notes as may be 
 required to replace the old, and such new notes shall be 
 immediately signed by the receiver general. 
 
 4. Treasury notes issued previous to one thousand eight 
 hundred and forty-six, as they come into the treasury shaU 
 be delivered to the commissioners to be defaced, and shaU 
 be lodged in the provincial secretary's oifice in sealed 
 packets, which the committee of public accounts shall 
 examine and destroy. 
 
 5. The receiver general shall pay all warrants in gold or 
 silver, if in the treasury, or in treasury notes issued since 
 one thousand eight hundred and forty-six, which notes shall- 
 be again received at the treasury and in payment of duties 
 at their specified value. 
 
 6. Treasury notes issued since one thousand eight hun- 
 dred and forty-six, ■« h 3n torn or defaced, shall be replaced 
 by new nates, and shaU be dealt with as in the fourth pre- 
 
TITLE XI.] TEEASUBY NOTES, ETC. Igl 
 
 ceding section. The whole amount to be issued shall never Chap. 38. 
 exceed the amount now issued. 
 
 7. The governor in council may direct such portion of Funded debt, 
 the funded debt, not due to the savings' bank, to be paid Sow'pTOvide'd. 
 off from time to time as they shall think prudent. 
 
 8. Loan certificates for the funded debt shall be issued Loan cerue- 
 when required in the form now in use, and shall be trans- their formi^lo!',' 
 ferable by endorsement. 
 
 9. The interest thereon shall be payable to the holders interest on, 
 at the treasury on the first days of January and July in payabief '""' 
 every year, when the certificates must be produced. 
 
 10. The receiver general shall superintend the savings' Savings' bank, 
 bank, and shall see that the same is conducted by the cashier '"^ ^ "" ■ 
 in accordance with instructions issued by the governor in 
 council. The receiver, general shall personally superintend 
 
 the weekly payments and receipts of the cashier, and shall 
 examine his accounts and vouchers every month and certify 
 them to be correct. And the cashier shall prepare at the 
 end of every year a full abstract of the accounts and pro- 
 ceedings, and a report of the state of the bank, to be certi- 
 fied by the receiver general and laid before the legislature. 
 
 11. Depositors in the bank shall be paid four per cent. Depositors to 
 interest; and no person shall be allowed to be a depositor ^a^ountofdl- 
 of more than two hundred pounds ; and not more than fifty g^^sit limited, 
 pounds shall be received from any depositor in any. one 
 
 year, and monies deposited under this chapter shall be 
 applied by the governor in council, from time to time, for 
 such uses as shall have been approved of, and sanctioned by 
 the general assembly. The amount of deposits in the bank 
 3 hall not exceed one hundred and twenty-five thousand 
 pounds. 
 
 12. The accounts between the bank and the treasury Mannerofkeep- 
 shall be kept as heretofore ; and if at any time there shall dSnXbow 
 be a demand upon the bank which the cashier cannot meet, provided for. 
 the governor in council shall order the same to be paid out 
 
 of the treasury, and if necessary shall open a cash account 
 with any of the banks in order to meet such demands, and 
 on such terms as may be deemed most advantageous. 
 
 Whereas acts passed during the session of the legislature p j^ 
 in 1854 to authorize and to provide funds for the construc- 
 tion of railways in this province, and it was necessary to x 
 enlarge the amount of circulating currency by a further j.^jj:j,'gj.jg>.^g^ 
 issue of treasury notes, for twenty shillings each, to an treasnry notes 
 amount not exceeding fifty thousand pounds, and a further ^'^ ""^° ' 
 issue of fifty thousand pounds was authorized by an act 
 passed on. the 18th day of April, 1856, such treasury notes Form, issue, and 
 
 , 1 • ,1 f. -^ ] • T • ii 1 J.1 ■ mode of receipt 
 
 were to be m the form, and issued m the mode, then m use, at treasury. 
 and the same were to be received at the treasury and in 
 payment of duties at their specified value : 
 
 13. The holders of such notes shall be paid the full ^j^*g:^J®'°soi<i 
 amount thereof at the treasury, in gold or silver money on 
 demand. 
 
162 counties — county officees. [paet i. 
 
 Chap. 39. 
 
 TITLE XII. 
 
 OF COUNTIES AND COUNTY OFFICERS. 
 
 4f aa /fi-f c^^J 
 
 ,^^ A^^y^y , CHAPTER 39. 
 
 U~,'tit »* ^tvtMtt- * Qp jjjg BOUNDARIES OP COUNTIES. 
 
 Boundary lines 1. The boundary lines of counties, and of the district of 
 
 confirmed. gaint Mary's, are confirmed as at present established. 
 
 County divid- 2. The sessions for any cpunty may choose a surveyor 
 
 ing; unes, pro- to run a dividing line, or a part thereof, between that and 
 
 visions or run- ^^ adjoining 'county, and shall appoint a day and place for 
 
 the purpose subsequent to the next term of the sessions of 
 
 such adjoining county, notice of which shall be transmitted 
 
 by the clerk of the peace to such sessions at or before their 
 
 next sittings. 
 
 Directions to 3. The sessions of the adjoining county may then nomi- 
 
 adjoming eoun- ^^^^ ^ surveyor to meet the other. These two, or in case 
 
 of neglect of the sessions of the adjoining county to n^ake an 
 
 appointment, the surveyor first appointed shall run and 
 
 mark the dividing line or such part thereof, and make return 
 
 of the proceedings, with a plan annexed, to the clerk of 
 
 the peace for each of the counties ; and the line, or portion 
 
 thereof, so surveyed, shall be the boundary between the 
 
 counties. 
 
 Bisagreement 4. If the Surveyors disagree, each shall make return of 
 
 pro^^°™ his proceedings, with a plan annexed, to the clerk of the 
 
 against. peace of the county for which he was appointed, to be 
 
 transmitted to the provincial secretary's office, and the same 
 
 shall be- laid before the governor in council, who, with or 
 
 without further evidence, may determine upon a line, a plan 
 
 whereof shall be sent to the clerk of the peace for each 
 
 county, and the expense shall be equally divided between 
 
 • the counties and form a county charge. 
 
 {/r /t'^. fU'n c^ 'i CHAPTER 40. 
 
 OP SHERIFFS. 
 
 Mode of select- 1- The chief justice, and a judge of the Supreme court 
 iSf sHen^s't''" Selected by him, or, in the absence of the chief justice any 
 bonds giTen'be- two judges selected by the senior judge, together, in either 
 s'ion."*' ' case, with two members of the executive council, shall meet 
 in Halifax during Michaelmas term in each year, and select 
 
HTLE XII,] SHERIFFS. X63 
 
 three persons for sheriffs for each county, out of whom the Chap. 40. 
 governor in council shall prick one to serve for the ensuing 
 year, who shall reside in his county, and who, upon giving 
 security by bond' as hereinafter mentioned, shall receive his 
 commission and be invested with the powers of office. 
 
 2. A sherilf may receive his commission before his bond commission 
 is approved in case the late sheriff has misconducted himself forJbSgly- 
 or any of his sureties have become insolvent, or in case of e° i° oortam 
 the decease of a sheriff; but such new sheriff must find 
 approved security within one month, to commence from the 
 
 date of the commission. 
 
 3. If any person appointed shall refuse to accept the Fine for leflis- 
 office, he shall forfeit fifty poundfe, and the governor shalUl,^? ^~"i'' 
 prick another from the list. 
 
 4. The name of a person serving the year previous in sheriff re-eiigi- 
 any county may be again returned, unless a 1-epresentation jeo^tod to by 
 by a majority of the justices in session against him be filed ^^™"^- 
 
 in the supreme court in Halifax before Michaelmas term. 
 
 5. If a sheriff die whilst in office his deputy shall act Death of sheriff 
 till another be appointed, and the "sureties of the sheriff so IgaSst.*^ 
 dying shall be liable for such deputy as if the sheriff were 
 
 living. If there be no deputy the governor in council may 
 commission a sheriff for the remainder of the year, who 
 shall file security as other sheriffs. 
 
 6. Every sheriff shall deposit in the provincial secre- Bonds how giv- 
 tary's office a bond for the discharge of the duties of office, ^^^^^ '■'^^' 
 to be made to her majesty : himself in one thousand pounds, 
 
 with two sureties each in five hundred pounds, and the 
 bonds when approved shall be registered in the provincial 
 secretary's office, on the oath of a subscribing witness. 
 Where bonds are lost, certified copies shall be receivable in 
 evidence. 
 
 7. Such bonds when received by the provincial secre- Allowance of 
 tary shall forthwith be laid before the governor in council, sUjnsMicMlof 
 who shall approve or disallow the same within twenty days, disallowance. 
 Any sheriff whose bond has been disallowed and not giving 
 
 a satisfactory bond after reasonable notice, may be removed 
 by the governor in council, and the sheriff for the preceding 
 year shall continue in office, his sureties remaining liable. 
 If he be the same person he shall act under his former 
 appointment, and his former sureties shall continue until 
 he find approved security or be removed from office. 
 
 8. The sureties shall be responsible for the performance Respousibiii- 
 of the sheriff's duty until the approval of new security, anrsutetttu?" 
 They may at any time pray the governor to relieve them, ''<>" "^ others. 
 and if, upon being required, the sheriff shall fail to sub- 
 stitute other approved sureties within one month, the 
 governor in council shall remove him from office. 
 
 9. Before entering upon his duty, every sheriff shall sub- sheriff's oathi 
 scribe the following oath : 
 
 " 1, A. B., do solemnly swear that I will truly serve the 
 11 ' 
 
164 CORONERS. [part I, 
 
 Chap. 41. 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 
 my skill and judgment, execute the laws and statutes of 
 the province, and in all things will act uprightly in my 
 office for the honor of the queen and the good of her 
 subjects." 
 Fine for ne- 10^. If any sheriff delay more than two months after Ms 
 
 fMn'icfo'unts' 7^^^ of officc expire to render an account on oath to the 
 01 forfeitures, provincial secretary of all forfeitures and debts of the crown 
 levied by him, with the names of parties paying, he shall 
 forfeit twenty pounds to the use of the crown. 
 Suits upon she- 11. Any person injured by any act or omission of a 
 brraght'^^'''"^ sherifi", may sue on his bond in the name of the queen, and 
 be entitled to the proceeds with costs. The defendant shall 
 be- entitled to costs if judgment be given in his favor, but 
 no action shall be brought upon the bond until judgmeat 
 shall first have been recovered against the sheriff. 
 Damages regu- 12. In an action brought against a sheriff, jailer, or other 
 for escapes!'^ officer for an escape under an execution in a civil suit, the 
 jury shall not be bound to find for the whole amount for 
 which the prisoner was committed, but they shall find a ver- 
 dict for the plaintiff for such sum only as they shall think 
 right and proper under all the circumstances of the case, 
 unless it shall appear on the trial that the escape was con- 
 nived 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. 
 Writs returned 13. Sheriffs shall return all writs to them directed with 
 with items'^of'^ the amoust of their fees thereon endorsed, and the several 
 fees. 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 col- 
 lected on all writs of execution. 
 Limitation of 14. All actions' against sheriffs must be brought within 
 actions. three years from the accruing thereof. 
 
 CHAPTER 41. 
 
 OF COROXEES. 
 
 Coroners, how 1- Coroners may be appointed by the governor in coun- 
 sworn'''^'^ ""'^ oil, and shall be sworn into office before a judge of the 
 
 supreme court or the custos of the county. 
 Inquisitions, '■^- Coroncrs shall return their inquisitions to th« clerk of 
 when^and how the (3rown for the county at or ■ before the then next sit- 
 
TITLE XII.] CLERKS OP THE PEACE. Ig5 
 
 tings of the supreme court. The clerk shall file the same Chap. 42. 
 
 without fee, and give the coroner a certificate containing ~ 
 
 the date of the inquisition and the date of filing. 
 
 3. Coroners shall either personally or by a constable, Juries how sum- 
 farnished by them with a precept, summon a jury of the "om mk^§e oi' 
 inhabitants of the county to attend inquisitions when requi- Sunday. 
 
 site at a time and place appointed, and, if necessary, may 
 hold inquests on a Sunday. 
 
 4. Upon the certificate of such clerk of the crown being Feeforinqnjsi- 
 filed with the provincial secretary, the governor may draw and'appropriA° 
 a; warrant on the receiver general .in favor of the coroner *'^'*- 
 
 for fifty shillings in full for each inquisition, twelve shillings 
 thereof to be paid to the jury and two shiUings and six 
 pence to the constables,, for their fees. 
 
 5. If there be any further necessary or extraordinary Extra charge, 
 charge on an inquest or burial, besides those mentioned in ^°^ defrayed, 
 the first four sections of this chapter they shall be defrayed 
 
 by the county. 
 
 6. If any grand jury neglect or refuse to make a present- Justices may 
 ment for the amount of expense so incurred, the justices in *""^'^°®- 
 session shall amerce the county for any sum which may 
 
 appear to them necessary to be raised for that purpose. 
 
 7. Any person aggrieved by the assessment, may appeal, Appeal, 
 as in case of ordinary county rates. 
 
 8. In the absence of the coroner, an inquisition may be Justices to act 
 held before a justice, who shall be entitled in such case to oorraM""" °'' 
 the same fees as a coroner. 
 
 9. Coroners shall return lists in triplicate of the inquests Hetums to 
 held by them, together with the findings of the juries, to the J™fd of statu. 
 board of statistics, on or before the tenth day of January 
 
 in every year, under a penalty of five pounds. 
 
 # - ^^ ^ 
 
 . CHAPTER 
 
 OF CLERKS OP, THE PEACE 
 
 1. Clerks of the peace shall be appointed by the custos cieriis of peace, 
 of the county or district during pleasure, and shall be aSdsw'orn."*'"^ 
 sworn into office by the custos or a judge of the supreme 
 
 court. 
 
 2. Upon the death or removal of the custos, and also vacancies, pro- 
 
 xA , r ■ •, p _Li • i.-\ en p visions for and 
 
 upon the vote oi a majority of the sessions, the office of howfliiod. 
 the clerk of the peace shall become vacant ; but clerks of Duration or 
 the peace shall continue to hold office until their successors °^'^^' 
 are appointed. 
 
 3. Every clerk of the peace shall cause to be engrossed ■''°^^°|e™o'f 
 in a book kept for that purpose only, and properly indexed, session. 
 
 all rules, regulations and orders of the sessions in force, or 
 
166 PEOTHONOTARIES — CLERKS OF CROWN. [PAET I. 
 
 C/HAP. 43. such as may be made, with their dates respectively, which 
 
 book shall be open for inspection at all reasonable times. 
 ^ard^of'statiB- ^' ^^^ry clerk of the peace shall, annually, on or before 
 ties. the tenth day of January, return in triplicate to the board 
 
 of statistics a list of, all convictions had, and of all fines 
 and penalties imposed by the sessions, the amount of fines 
 and penalties collected and how appropriated, with the 
 names of all offenders, under a penalty of five pounds. 
 «ioe Itln'oaseB ^' ^'^ clerk of the peace shall receive any fee for the 
 •fiioense. duties of office oxcopt in cases of licenses only. 
 Deputies tohavo 6. The clerks of the peace in the several counties or 
 a^™prmcTpais*°" districts, with the consent of the custos, may appoint depu- 
 
 aiWe for 'their' *^^® ^° ^^^ ^'°*' ^^^^^ i" '^^^^ of sickness or temporary 
 deputies. 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 vahd. 
 
 CHAPTER 43. 
 
 OP PEOTHONOTARIES AND CLERKS OP THE CROWN. 
 
 Ofiioerfpro- 1. The office of prothonotary of the supreme court and 
 
 clerk of the also the office of clerk of the crown forthe whole province, 
 provfiio"ab'o! are respectively abolished. 
 
 fished. ■ 2. James W. Nutting, esquire, may continue to hold 
 
 coSi?u6"to^*° the office of prothonotary and clerk of the crown for the 
 ees fo?HaiSi. county of Halifax, in the same manner as he held the office 
 of prothonotary and clerk of the crown for the whole pro- 
 vince under his patent. 
 A prothonotary 3. The governor in council shall appoint and commission 
 foreaoheoun't^ 0^® person to be prothonotary of the supreme court and 
 clerk of the crown in every other county, except Halifax, 
 and in Halifax when a vacancy shall occur, and every such 
 prothonotary and clerk of the crown shall, within and for 
 the county for which he may be appointed, have, and exer- 
 cise, and be liable and subject to all the same duties, rules, 
 enactments, powers, and regulations as were respectively 
 had and exercised by the prothonotary of the supreme 
 court and clerk of the crown, and his deputies, or to which 
 he or they is or are, now subject and liable. 
 Prothonotaries 4. The prothonotaries in the difierent counties shall, on 
 tur'Soffees"nd or before the first day of February, in every year, so long 
 thi?^^!^"/^^ ^^ James W. Nutting, esquire, shall hold the office of pro- 
 the receiver thonotary and clerk of the crown for the county of Halifax, 
 |a?doverto J. make a return, under oath, into the receiver general's office 
 w. Nutting. of the fees received by them; and the prothonotaries of 
 
TITLE Xn.] PROTHONOTAEIES — CLEEKS OP CROWN. 167 
 
 the several counties, Halifax excepted, shall, at the same Chap. 43, 
 time pay over one-third of such fees to the receiver general, 
 who shall pay over the same to the said James W. Nutting — 
 provided no greater sum shall be paid out of the sums so Proviso, 
 paid in any one year, than will, together with the fees of 
 the prothonotary, and the emoluments of the clerk of the 
 crown in Halifax, amount to five hundred pounds, and if in 
 any one year such fees and emoluments shall not amount to 
 five hundred pounds, he shall receive the deficiency from 
 the receiver general, if there should be at any time a suffi- 
 cient balance in the treasury of funds paid in under this 
 chapter. 
 
 5. The proviso in the fourth section is hereby declared Section 4 ex 
 not to have any reference to the sum of eighty pounds, p^*^"^''- 
 sterling, annually granted to the clerk of the crown at Hali- 
 fax, for his services in that capacity, and the sum of five 
 hundred pounds payable to Mr. Nutting, under such section, 
 
 is hereby declared to be receivable by him thereunder, 
 exclusive of such annual grant. 
 
 6. The prothonotaries and clerks of the crown to be Prothonotariea 
 appointed as aforesaid, shall give bonds in such sums and the o"row t? 
 with such securities as may be directed by the governor in sive bonds. 
 council, conditioned for the performance of the duties of 
 
 their office, and for the payment of the monies hereinbefore 
 directed to be paid to the receiver general. 
 
 7. The prothonotaries throughout the province shall proaonotaries 
 issue subpoenas in crown cases, and perform all such other — ^'^'^^^ "f- 
 duties as appertain to the office of clerks of the crown. 
 
 8. The prothonotaries as a compensation for such ser- compensation 
 vices may retain out of the proportion of fees required to be —how obtained, 
 paid into the treasury, by section fourth, a sum not exceed- 
 ing ten pounds, for each year, and out of any sums by them 
 heretofore paid into the treasury they may receive the same 
 allowance as if such sums had not been paid in. 
 
 9. The monies paid into the treasury, by virtue of such Monies paid in- 
 fourth section, by the prothonotaries in the island of Cape prothon"otariM" 
 Breton, shall be paid to Charles E. Leonard, esquire, pro- S wh^om^pai™' 
 thonotary at Sydney, instead of being paid to James W. 
 Nutting, esquire, as directed by such section. 
 
 10. The salary, or emoluments of James W. Nutting, salary of j.w. 
 
 in ,N' T ■ • 1 1 , r. ,1 . °' Nutting not dl- 
 
 esquire, shall not be diminished on account of the monies minisiied. 
 retained by, or paid to the prothonotaries, under the seventh 
 and eighth sections of this chapter, but the amount of such 
 sums shall be paid to him out of the treasury. 
 
16*8 holding sessions. [paet i, 
 
 Chap. 44. 
 
 CHAPTER 44. 
 
 OP THE TIMES AND PLACES OF HOLDING THE SESSIONS. 
 
 HaUfax ses- 1. The general sessions of the peace for the county of 
 
 held; grand Halifax shall be held on the first Tuesdays- of March, June, 
 
 jury to attend. September and December, respectively, and the grand jury 
 
 are Tequixed to give their attendance thereat, 
 
 cumblrilnd ^' "^^^ general sessions of the peace in the other coun- 
 
 Pictou, Hants, tics shall be held as follows : 
 
 pfif btgbX ^or Colchester, on the second Tuesday of January. 
 
 ISeens'^sh^ei- Cumberland, first Tuesday of January. 
 
 i>»rne,Var- Pictou, first Tuesday of February and first Tuesday of 
 
 mouth, Sydney, j -. ' •' •' " 
 
 Guysborough, J Uly. 
 
 v??toririnver- Hants, first Tuesday of October. 
 
 OTind'^urTs""^' Kings, kst Tuesday of April and last Tuesday of October. 
 
 attendance Aunapolis, third Tuesday of April and, last Tuesday of 
 
 when required. October^ 
 
 Digby, at the sessions house at Clare, last Tuesday of 
 April ; at Digby, first Tuesday of November. The grand 
 jury shall attend each sitting. 
 
 Lunenburg, second Monday of April. 
 
 Queens, second Tuesday of January. 
 
 Shelburne : at Barrington, on the Monday next after the 
 fourth Tuesday of April ; at Shelburne on the Monday next 
 after the last Tuesday of September. The grand jury shall 
 attend each sitting. 
 
 Yarmouth : at Tusket Village on the last Tuesday of 
 April; at Yarmouth, the third Tuesday of September. 
 
 Sydney, second Tuesday of January. 
 
 Guysborough : at Guysborough on the third Tuesday of 
 January and first Tuesday of May ; and at St. Mary's on 
 the first Tuesday of October. The grand jury shall attend 
 in January and October. 
 
 Cape Breton, first Tuesday of March and second Tues- 
 - daj'' of July. The grand Jury shall attend in March. 
 
 Victoria, third Tuesday of March, and third Tuesday of 
 July. 
 
 Inverness, second Tuesday of March, and first Tuesday 
 of October. The grand jury shall attend in March. 
 , Richmond, second Tuesday of February. 
 
 In counties where two terms are held, except as above 
 provided, the grand jury shall attend only at the fall or 
 winter term. In all counties where there is a single ses- 
 sion for the year, the grand jury shall attend. 
 Buration of the 3. The general sessions may be kept open in the county 
 sions^rf^ad-^ 0^ Halifax fourteen days, but in other counties not more 
 joHmments. than ten days, • and they may be adjourned from time to 
 time during term as occasion shall require. 
 
TITLE Xn.] SPECIAL SESSIONS. Ig9 
 
 4. Bills of mdictment maybe preferred, found, and tried, Chap. 45. 
 and judgment thereon given in the general sessions of i^JI^^^ 
 the peace for the county of Halifax as heretofore, and per- ™ay be found 
 sons convicted thereat may be sentenced to confinement in iifax sessions, 
 the provincial penitentiary, in the same manner as if tried 
 
 and sentenced in the supreme court. 
 
 5. When a question of law shall arise, and the sessions cases may be 
 desire the opinion of the supreme court thereon., the clerk sup^remeoourt.' 
 of the peace may be ordered to prepare a case, to be signed 
 
 by the custos or the presiding justice, which may be filed 
 and entered by either party interested therein, or by the 
 clerk of the peace with the prothonotary, for argument at 
 the next sitting of the supreme court in the county. 
 
 6. The presiding judge may order the case to be sent Amendments ; 
 back to be amended if he shall see fit. He may hear and pr^S to. 
 determine the same, or he may, if he think the matter more fit 
 
 for the determination of the whole court, grant a rule nisi, 
 returnable at Halifax, to be argued and disposed of as other 
 rules are. The judgment of the supreme court, whether in 
 the county or at Halifax, shall be embodied in a rule and 
 returned to the court of sessions by the prothonotary, and 
 shall be final. 
 
 CHAPTER 45. 
 
 OF SPECIAL SESSIONS. 
 
 1. The custos of his own authority may, and upon the Special sessions 
 written requisition of three justices specifying the particu- what'buslness 
 lar objects thereof shall, call special sessions for the trans- transacted, 
 action of any business which may be legally transacted 
 thereat, and he shall in all cases direct the clerk of the 
 peace to convene the same, giving him at the same time the 
 necessary information as to the objects thereof, and the 
 clerk of the peace shall fortwith post up advertisements in 
 at least five of the most public places in the township or 
 settlement interested in the business to be transacted at 
 such sessions, and if there shall be any business afiecting 
 the interests of the county or district generally, then adver- 
 tisements shall be posted in at least three of the most public 
 places in each town'ship of such county or district, and all 
 such advertisements shall be posted up at least five days 
 before the meeting of the sessions, and shall mention the 
 particular business to be transacted thereat, and a copy of 
 the notice shall be filed by the clerk of the peace, and no 
 business shall be transacted at such sessions other than that 
 contained in the advertisement. In case of the absence 
 from the county, or iUness of the custos, any three justices 
 
170 COUNTY ASSESSMENTS-. [PAET I, 
 
 Chap. 46. may direct the clerk of the peace to call sucbi special 
 
 sessions. 
 Number of ins- 2. Every special session, tinless otherwise prescribed, 
 iSlToT^' shall be composed of five or more justices and the clerk of 
 made and filed, the peace, or in his absence, a fit person to be named by the 
 justices present shall attend and make a record of such ses- 
 sions and of all proceedings had thereat, to be filed in the 
 office of the clerk of the peace. 
 
 CHAPTER 46. 
 
 OP COUNTY ASSESSMENTS. 
 
 County trea- 1. The grand jury shall annually at the general sessions 
 point'od."" "'''' present the names of three persons, being residents in the 
 county, one of whom shall be appointed by the court, 
 treasurer for the county, w^ho shall give bond to her majesty, 
 with sureties to be approved of by the custos, in a sum to 
 be named by the sessions, for the performance of the duties 
 of his office, and shall be sworn into office ; and such trea- 
 surer shall continue to hold office until a successor be 
 appointed. 
 Presentments 2. The grand jury, on their own knowledge, the recom- 
 purpose™^ mendation of the court, or the representation of three or 
 more freeholders of such county, shall present any sums of 
 money necessary in their judgment, for any public purpose 
 within the county ; the same to be confirmed by the sessions, 
 Remuneration ^"^^ they may include for their own remuneration while 
 to grand jurors, actually attending the court of sessions, such sum as they 
 may judge necessary, so as the same shall not exceed two 
 shillings and six pence per day for each juror actually 
 attending, and six pence per mile travelling expenses, the 
 distance to be counted from the residence of the juror to 
 the place where the court is held. 
 Presentments, 3. Upou the petition of twenty freeholders of any toAVH- 
 
 for local and for i ■ '■^ ,-n i.i ii -j.- c i.^ 
 
 special pur- Ship or place, certified to be such by a justice ot the peace, 
 poses. the grand jury may present any sums necessary for the 
 
 erection or repairs of lock-up-houses, and the payment of 
 keepers thereof; for the purchase, the erection, hiring, or 
 repairing of market or town houses, for the providing of 
 hay scales, weights, and appurtenances, for sets of weights 
 and scales and for measures, long, liquid, and dry, for any 
 township or place, and such sums when confirmed by the 
 sessions shall be added to the apportioned assessment upon 
 such township or place, and assessed and levied exclusively 
 thereon. The sessions may make regulations for the us© 
 and management of such buildings tod public property, 
 and may appoint keepers thereof. 
 
TITLE XII.] COUNTY ASSESSMENTS. 171 
 
 4. If any grand jury neglect or refuse to make a present- Chap. 46. 
 ment when necessar)^ for any of the following purposes, Amorooments, 
 that is to say : for the building or repairing a jail or the anTs^^ocmc ob 
 appurtenances thereof, a court house or sessions house, and jects m cases of 
 for fuel for the use of the same; for erecting and repairing legieot?"^*'* 
 pounds, and providing bolts, bars and shackles ; also for 
 conveying persons accused of crimes to jail when the dis- 
 tance shall be three miles or upwards, at a rate not over six 
 
 pence per mile ; for the decent support of poor criminals, 
 or poor debtors in jail, for the salary to the treasurer of the 
 county, for a salary to the clerk of the peace of not less 
 than twenty pounds, for the maintenance of a jailer, for the 
 paying of criers for the several courts, for defraying the 
 expenses of poor witnesses on the trial of persons accused 
 of any criminal offence, for defraying the charges of public 
 executions and of conveying criminals under sentence to 
 their places of confinement, for defraying the expenses of 
 persons sentenced to confinement and labor within the 
 county, and procuring materials for such labor ; for paying 
 extraordinary expenses ordered by the sessions to con- 
 stables and incurred in execution of their duty in cases of 
 riot or felony ; for paying allowances to special constables 
 ordered by the sessions about executing or assisting, or 
 trying to execute warrants for felony or misdemeanor ; for 
 expenses incurred or necessary to be raised about repairing 
 bridges within the county , for' expenses incurred about 
 removing county- rates by certiorari or otherwise, or in pro- 
 secuting or defending any action or proceeding at law 
 respecting such county afiairs ; the justices in session shall 
 amerce the county for any sum which may appear to them 
 necessary to be raised for any such purpose. 
 
 5. So soon as the amount to be raised in the county Apportionment 
 shall be determined, the sessions shall ascertain what portion sessment upon 
 each township and place shall contribute. p'jrMs*"'^ 
 
 6. The amount to be assessed upon the city of Halifax Apportionment 
 being so ascertained, shall be furnished by the clerk of the oS™iiow'as- 
 peace to the city clerk, and thereupon it shall be assessed ^^^^^ ""'^ p"'"- 
 upon the city, and collected at the same time and in the 
 
 same manner as other city rates. The amount so collected 
 shall be held payable to the order of the sessions. The city 
 of Halifax is exempted from the operation of sections 7, 8, 
 9, and the sections from 48 to 66 inclusive. 
 
 7. When any presentment shall be made, the grand jury ^pYieot'ora^how 
 shall furnish to the court the names of such number of appointed, 
 persons of the county as the court shall direct, to be asses- 
 sors and collectors respectively for the several townships 
 
 and places in such county, and the court shall appoint not 
 less than half the persons named. 
 
 8. In case of amercement where no assessors or collec- Apportionment 
 tors shall have been appointed, the sessions shall appoint LmercSnent. 
 the necessary number, being persons resident within the 
 
 county. 
 
172 COUNTY ASSESSMENTS. [PART I. 
 
 Chap. 46. 9_ fphe clerk of the peace for the county shall in all 
 notified" f°^° cases notify the assessors of their appointment, and they 
 pointraent ; fine shall be swom into ofSce ; and in case of refusal to act, 
 to^refusai to g^^j^ assessors shall forfeit five pounds, 
 compenaation 10. Assessors shall return with the assessment roll a 
 for assesors. statement of the time spent by them in such duties ; and 
 such compensation for their services, not to exceed five 
 shillings per day for each assessor, as shall be presented by 
 the grand jury and confirmed by the court of sessions, shall 
 be a county charge, and be added to the amount to be 
 assessed upon the county. 
 Persons liable 11. For all purposes for which local and direct taxes are 
 to taxation. ^^^ j,jjg^jj ^^ levied by authority of law, unless otherwise 
 specially provided for by law, all land and all such personal 
 property as is hereinafter defined, whether owned by indi- 
 viduals, co-partners, or corporations, shall be liable to 
 taxation, subject to the exceptions hereinafter specified; 
 and the occupant of any crown land shall be liable to 
 taxation for the land so occupied, but such land shall not 
 be chargeable for the same. 
 ||Land" and^^ 12. The term " land," as used in this chapter, shall be held 
 — meanuigof to iuclude the land itself, and all btiildings and other things 
 words. erected and fixed upon the same, and all mines, minerals, 
 
 quarries, and fossils, in and under the same ; and the term 
 " real estate" in this chapter, shall be construed as having 
 the same meaning. 
 Personal estate 13. The words "personal estate," and "personal pro- 
 property-what P^rty," when they occur in this chapter, shall be understood 
 they include, to include all such goods, chattels, and other property as 
 are enumerated in schedule A. hereto annexed, and no 
 other; and the term "property," shall include both real 
 and personal property as above defined. 
 Property ex- 14. The foUowiug property shall be exempted from 
 aUon. ™™ ^^' taxation, viz : Fir st,^— lands belonging to her majesty, or 
 held in trust for her majesty for the public uses, of the 
 province. Secondly, — every place of worship, every church 
 yard or burial ground, the real estate of every college, 
 academy, or other seminary of learning, every public school 
 house, town hall, court house, lock-up house, temperance hall, 
 all public landings, public breakwaters and public wharves, 
 all school lands, and the property of every township or 
 town, city, or county, if occupied for the purposes thereof, 
 or if unoccupied. Thirdly, — the provincial penitentiary, 
 and the land attached thereto ; the provincial lunatic asylum, 
 and the land attached thereto ; the provincial railway, roll- 
 ing stock, and railway stations, and lands attached thereto, 
 or to the railway. FourtMy, — ^lands belonging to any widow 
 or minor when of less value than one hundred pounds 
 PoU tax-in Currency. Fifthly,— imiAB invested in provincial debentures, 
 what proper- 15. One fourth and no more of all local and direct taxcs 
 whom."*' "^''° shall be levied and assessed by an equal rate, as a poU tax, 
 
TITLE Xn.] COUNTY ASSESSMENTS. 1-73 
 
 on all male persons living within the district, of the age of Chap. 46. 
 twenty-one years, and not being paupers, and the other 
 three-fourths shall be levied and assessed upon the whole 
 taxable real and personal property of the locality, to be 
 taxed in proportion to the assessed value thereof, and not 
 upon any one or more kinds or species of property in par- 
 ticular, provided that such poll tax shall not exceed the sum 
 of one shilling and sixpence on any individual. 
 
 16. In making up the assessment roll, the assessors shall Assessment ron 
 be governed by the following rules : " 
 
 I. Where the owner or occupier is resident within the To include aii 
 county, the assessors for the district within which he resides perty .of resi, , 
 shall include in the roll the whole of his asses^ld^roperty. ^"*^' 
 
 II. If such property be situate in different districts of ^^^^^g^™?^^- 
 the county, it shall be so discriminated in the assessment districts. 
 roU, as to shew for what amount he is assessable in each 
 district. 
 
 III. Where the owner or occupier is not resident within Non-residents, 
 the county, or is unknown, and the lands are unoccupied, 
 
 the lands shall be assessed as lands of non-residents, in each 
 separate district in which they lie. 
 
 IV. Where the owner of lands which are occupied by Tenants, 
 another party as tenant for any period less than one year, 
 resides within the county, the lands shall be estimated as 
 property of the owner, saving his recourse against the 
 occupier ; and where the owner of the lands is not resident 
 within the county, they shall be estimated as the property 
 
 of the occupier. 
 
 17. Between the first day of November and the first day ag"ssment rSi 
 of December in each year, the assessors appointed by the to be made. 
 grand jury and court of sessions for each township or dis- 
 trict, shall proceed to ascertain, - by diligent enquiry, the 
 
 names of all the taxable inhabitants within the same, and 
 also aU the taxable propeYty within the same, its extent, 
 amount, and nature. They shall then prepare an assessndent 
 roll, in which shall be set down in separate columns, and 
 according to the best information in their power, the names 
 of all taxable parties in the township or district, with the 
 extent or amount of property assessable against each, under 
 the provisions of this chapter, and containing the parti- 
 culars mentioned in schedule B. for each of the items of 
 which the assessment roll shall contain a separate column. 
 
 18. The- lands of non-residents shall be designated in Lands of non- 
 the assessment roll, but in a separate part of it, under the '■«si'ie'''s. 
 head of " assessment roll of non-residents lands," and shall 
 contain the several particulars specified in that part of 
 schedule B. which refers to such lands. 
 
 19. All real and personal property liable to taxation vaiue of pro- 
 shall be estimated by the assessors at its full value, in the SSfc."^ *^' 
 same manner in which they would appraise the same in 
 payment of a debt due from a solvent debtor. 
 
74 
 
 COUNTY ASSESSMENTS, 
 
 [part I, 
 
 Dhap. 46. 20. The assessors shall complete the rolls on or before 
 
 )mpietion of ^^^ tenth day of January in each year, and they, or a 
 n. • ■ - - - — - . - - 
 
 irtificate. 
 
 ill to bo for- 
 irded to olork 
 peace, and 
 tsted up. 
 
 >unt7 rates, 
 esidonts. 
 
 lor rates, 
 an-residents. 
 
 erk of peace 
 make out 
 nnty rate. 
 
 lall transmit 
 clerk of poor 
 strict part of 
 11 applicable 
 poor rate. 
 
 erk of district 
 make poor 
 tc. 
 
 majority of them, shall forthwith thereafter sign the same, 
 first attaching thereto a certificate in the following form : 
 
 " We do severally certify that we have set out in the 
 above assessment roll, all the real and personal property 
 within the county, owned or occupied by persons residing 
 within our district ; _and all the real and personal property 
 within our district owned or occupied by persons not resid- 
 ing within the county, liable to taxation within our district, 
 and the actual value thereof in each case, according to our 
 best information and judgment. We further certify that we 
 have in such ^oll set down the names of all the inhabitants 
 within such district subject to a poll tax." 
 
 21. The roll thus certified shall be forthwith forwarded 
 to the clerk of the peace for the- county, and a true copy 
 thereof similarly certified, to be made by the assessors, 
 shall be forthwith posted up hy them in some public and 
 conspicuous place within the township or district for which 
 they are assessors, for the information of all parties con- 
 cerned. 
 
 22. From such roll the county rates and poor rates shall 
 be made as follows : 
 
 I. Any party residing within the county shall be taxed 
 for his county rate in one sum, which shall be collected by 
 the collector of the district where he resides. 
 
 II. Such party shall be taxed for his poor rate in each 
 district where his taxable property lies, and the same shall 
 be collected by the several collectors of the poor rates in 
 the several districts. 
 
 III. Where the party taxable is a non-resident or 
 unknown, his property shall be taxable for both poor and 
 county rates in the district where such property lies. . 
 
 23. The clerk of the peace shall on or before the first 
 day of April in every year make out from such roll the 
 county rate for each township or district, containing the 
 particulars mentioned in schedule C. or other particulars to 
 the like effect. 
 
 24. Such clerk shall also, on or before the first day of 
 January in each year, transmit to the clerk of each poor 
 district,, to be appointed as hereinafter mentioned, so much 
 of such roll as may be necessary to make out the poor rate - 
 for such district. • (^.-O^ ^'Jr^T:;i^^^'^'^'^ ^''^ '^'' 
 
 25. From the roll so transmitted, the clerk of the poor 
 district shall make out the poor rate for his district, con- 
 taining the same particulars as the county rate collectors 
 roll, making allowance for necessary differences. 
 
 26. On the assessment roll, whether of county or poor 
 rates, shall be set down the name of each party assessed, 
 the amount of his poll tax, the correct assessed value of the 
 real and personal property of each party for which such 
 
TITLE XII.] COUNTY ASSESSMENTS. 175 
 
 party is taxable ; and, there shall also be put down on such Chap. 46. 
 roll the true valuation of the lands of non-residents oppo- ~ 
 
 site to the names of such non-residents, and also the amount 
 chargeable upon such lands. 
 
 27. The clerk of the peace shall deliver the roll so to To be delivered 
 be made by him to the collectors appointed by the court eierk oT«" '^^ 
 and jury for each township or district. p'^'"'^- 
 
 28. The town clerk or clerk of the poor district shall Collector's rou 
 deliver the collector's roll of poor rates so to be made by ° p""''* "^^■ 
 him to the collectors who shall be appointed as hereinafter 
 mentioned. ^h ; ■ • . > . . . /I ' 
 
 29. At any meeting held under the fiftee^sh^ection of ^^''5ig"||™*g'^' 
 chapter 89, the inhabitants shall choose so many collectors 
 
 as they may deem necessary to collect the poor rates for 
 the district or township within which such meeting shall 
 be holden, and shall also choose a clerk, to be called the 
 clerk of such poor district, who shall act as clerk to the 
 overseers of the poor for the district ; and such inhabitants 
 shall award to their clerk a reasonable remuneration, to be 
 fixed at such meeting, and added to the amount to be asses- 
 ed on the district. 
 
 30. It shall be the duty of the collector of either poor or Duty^of ooUec 
 county rates, to receive the taxes assessed upon the pro- county rates, 
 perty of non-residents, if the same be tendered within the 
 
 time of his collection. 
 
 31. As regards the lands of non-resident owners named Regarding non- 
 in the collector's roll, it shall be the duty of such collector, f,^;*^*^"' "'"'■ 
 where the owner is known to him, to transmit by post, a 
 statement and demand of the charges taxed against him in 
 
 the roU. 
 
 32. If the taxes be not paid within twenty days there- Unpaid taxes- 
 after, the collector may apply to two justices of the peace, onkmSaVirof 
 and upon affidavit being made of such statement, and ooUsoto'- 
 demand having been duly mailed by the collector, and that 
 
 the taxes are unpaid, and upon their being satisfied, that 
 there can be found on the lands sufficient timber, wood, 
 poles, or other materials to defray such taxes and expe^ises, 
 such justices shall issue a warrant authorising the collector 
 to sell so much of such timber, wood, poles, or other mate- 
 rials, as may be necessary, to pay such taxes and expenses. 
 
 33. Where the owner is unknown to the collector, affida- unknown own- 
 vit of that fact shall supercede the necessity of the affidavit '^^^' 
 
 of mailing a notice and demand, and in such case the war- 
 rant shall issue as provided in last section. 
 
 34. If the justices, on application of the collector, shall ^ert^exisSTo 
 be satisfied that no timber, wood, poles, or other materials ?**'*;^'*'j^"g''to 
 can be found on the land sufficient to satisfy the warrant, cer'tay the fact, 
 they shall give him a certificate to that effect, which shall 
 
 be his authority for taking no further steps to collect the 
 rate to which such certificate applies. 
 
 85. It shall be the duty of the collector to levy any war- ^^f "^'"^' 
 
176 COUHTY ASSESSMENTS. {'PAET I. 
 
 Chap. 46. rant issued by such two justices, by selling so much of the 
 timber, wood poles, or other materials on the land, as will be 
 sufficient to pay the amount of such rates and the expenses 
 connected therewith; and in making such sale, he shall 
 sell only so much and such part thereof as shall be suffi- 
 cient to satisfy such rates and the expenses connected there- 
 with — first selling such part thereof as he shall consider most 
 for the advantage of the owner of the land to have sold. 
 Purchasers 36. A purchaser under such sale shall be entitled to a 
 
 entaytollmove right of entry upon the lands to remove the timber, wood, 
 materials. poles or other materials purchased by him at any time with- 
 in one year after the sale ; and to any other incidents that 
 may be necessary to render his right available to him, but 
 shall have no further right, privilege or easement whatever, 
 in respect thereof. 
 ' s*ie— public 37. ' The collector shall give public notice of the day of 
 desorip°tfon°of the Sale, of the description of the property, and (when 
 property, &c. known) the name of the owner, and the amount of taxes 
 rated on the property, which notice shall be given at least 
 ten days previously to the sale, by handbills posted up in at 
 least five public places in the township near to the lands in 
 question, and the sale shall be made at public auction. 
 Surplus money 38. If the amouut realized by such sale shall be greate'r 
 — towhompaid. ^-j^g^^ i]^q amount due for the taxes and expenses, and the 
 cost, of such sale, (the same being regulated by the amounts 
 paid on constable's sales, under executions issued froih 
 justices,) the surplus shall be paid over to the county trea- 
 , surer, who shall enter the same as surplus funds in the book 
 to be kept by him as hereinafter mentioned. 
 Warrant to be 39. In case the collector shall be unable under such 
 retu nea, when, ■^ya^j.j.g.nt to coUect the amount by sale as aforesaid, then it 
 shall be his duty to return such warrant, with a statement 
 of his doings thereon to the county treasurer, within ten 
 days after the day named in his advertisement, for the sale 
 thereunder. 
 Assessment 40. Every collector shall at the expiration of the time 
 
 of, and when to limited by his roll, return to the county treasurer so much 
 anl^'o whom, ^f the assessment roll touching the lands of non-residents 
 as relates to those lands in respect of which the taxes 
 remaining unpaid, or in respect of which surplus shall arise 
 in all cases where sales under warrant shall have taken place, 
 and shall also return as aforesaid any certificate given to 
 him under the 34th section. 
 Records, &o. to 41. The county treasurer shall record in a book to be 
 county trea- kept by him for that purpose, the description of all such 
 lands, and shall minute opposite thereto, the taxes and costs 
 chargeable thereon, and the proceedings had in respect 
 thereof; and such taxes and costs shall be a privileged lien 
 upon the lands, bearing interest at ten per cent, for the first 
 year, increasing annually by two per cent, additional until 
 payment. 
 
 surer. 
 
TITLE XII.] COUNTY ASSESSMENTS. 177 
 
 42. It shall be the duty of the county treasurer to lay Chap. 46. 
 every year before the court of sessions for each county, the warrants by 
 book containing such entries, and such court shall have the whom awarded, 
 power, in case they see fit so to do, to award a warrant to 
 
 the sheriff of the county for the sale of so much of such 
 lands as may be necessary to pay and discharge the amount 
 of the lien thereon with costs of sale ; provided always, 
 that no warrant shall issue for the sale of any lands until 
 after the rates due thereon, or some part thereof, shall have 
 been unpaid at least three years. 
 
 43. When the court shall have ordered a sale, the clerk saie— whenor- 
 of the peace shall issue a warrant addressed to the sheriff of proceeding"' ' 
 the county where the lands lie, ordering him to make sale tiiereupon. 
 of so much of the lands as may be necessary to pay the 
 
 charges against the same. 
 
 44. The sheriff shall thereupon sell by public auction, so sheriffs sale ; 
 much of the lands as shall be sufficient to discharge such aoid. 
 taxes and expenses, and the charges of sale, selling first in 
 preference such part of the lands as he may consider to be 
 
 the least to the injury of the owner, and in all other respects, 
 as to notices and other preliminaries of sale, conducting the 
 same agreeably to the forms prescribed on sales under judg- 
 ments of the supreme court, and within one month after sale 
 he shall return his warrant to the county treasurer, and pay 
 over to him the proceeds of such sale, deducting such costs 
 as he would have been entitled to under judgment sales. 
 The sheriff's deed, which shall be in the form E. annexed 
 hereto, or to that effect, shall be considered prima facie 
 evidence of the title of the lands being conveyed to the 
 grantee. 
 
 45. The county treasurer shall note in the book to be surplus— how 
 kept by him, any surplus monies, arising by constables' or 'I'^p"^^* "f- 
 sheriffs' sales, opposite the record of the description of the 
 
 lands, and any such surplus shall in the meantime be added 
 to the general county fund and be paid to the order of such 
 person or persons as shall prove to the satisfaction of the 
 court of sessions his or their right to the same as owners 
 of the lands in respect of which the sale occurred. 
 
 46. The county treasurer, on receipt of the taxes on The poor rates 
 lands of non-residents, shall pay over, as soon as reasonably 'i^^d^utftahl' 
 may be, to the overseers of the poor of any district, so paid over. 
 
 - much of those monies as belongs to the poor rates of the 
 district. 
 
 47. After the assessment roE shall have been made up Assessors of 
 in pursuance of this chapter, no assessor of poor rates shall ^"""^ ''^''^^• 
 be chosen. 
 
 48. The collectors shall pay over the monies received To pay orer to 
 without delay to the treasurer, who, if necessary, may mai^ nerairetu'rnojf 
 tain an action therefor, as for money had and received to the (defaulters. 
 use of .such treasurer ; and such action, whatever may be 
 
 the amount claimed, may be brought before any two justices 
 
178 COUNTY ASSESSMENTS. [PART I, 
 
 Chap. 46. of the peace for the county, suhject to appeal as in ordinary 
 cases ; and every collector shall make a general return to a 
 justice within the township or place, or if none reside there, 
 to any justice of the county, of every person who, after 
 demand made, shall not have paid his rate ; and the collector 
 shall make oath in writing before such justice, setting forth 
 the name of every defaulter, the sum assessed, that demand 
 has been made, and what portion of the rate is unpaid. 
 
 General war- 49. . Such jUStice shall thereupon forthwith issue a gene- 
 
 may ifsue-'oon- ^*1 warrant of distress against the several defaulters in the 
 stables' fees, form in the schedule directed to a constable not being such 
 collector, commanding him to levy from the goods of each 
 person named in the warrant the sum due by such person, 
 with constable and justice's fees. The justice's fee for such 
 warrant shall be three shillings and sixpence, and the con- 
 stable's fee for each person in the warrant shall be one 
 shilling, but the constable shall have no travelling fees or 
 poundage, and the justice's fee shall be apportioned among 
 the several persons, if more than one, in the warrant; and 
 no suit shall be brought against such defaulters before any 
 ' justice, 
 conatabicis' du- 50. The coustable shall forthwith execute such warrant, 
 ty on warrant, ^^(j pg^y over the amount collected thereunder to the collec- 
 tor for such township or place, who shall thereupon pay the 
 same to the county treasurer. 
 Commissions to ^1. The rate of commission to collectors shall not be 
 coUectors. more than five per cent, but the sessions shall have power 
 
 to fix a smaller rate. 
 
 Collectors' ^2. Every person appointed a collector who shall 
 
 '^e'iect^°* ^°^ neglect to be sworn into ofiice, or who shall not perform 
 
 the duties thereof, shall forfeit forty shillings recoverable in 
 
 the name of the county treasurer, as other debts of the like 
 
 amount are, which sum, when collected, shall be paid into 
 
 the county fund. 
 
 Amcreements ^S. If the scssious shall ucglcct to make presentment as 
 
 by supreme herein directed, the supreme court shall amerce the county 
 
 court on ne- . , i n , , i n^ ■, ■ „ •' 
 
 gleet of ses- m such sum as shall appear to them upon affidavit of a rate- 
 payer to be necessary for the purpose of the fourth section, 
 which sum shall be assessed upon the inhabitants of the 
 county, collected, paid to the treasurer, and accounted for 
 as other rates. 
 
 Treasurer to re- 54. All monies belonging to or due the county shall be 
 airoouSty^*^ paid to the treasurer thereof, and all money due from 
 money. the county shall be paid by him on the order of the ses- 
 
 sions. 
 Treasurer's ao- 55. The treasurer shall once in every year make up his 
 prcpirud annu- accouut and Send the same to the clerk of the peace to be 
 audaudi^d'"^' ^'^^> ^^^ *^® s&me shall be laid before the justices and 
 grand jury on the first day of the next sessions, to be audi- 
 ted ; but the justices, either in general or special sessions, 
 may at any time before the sessions, if they see fit, order 
 
 Eions. 
 
TITLE SII.] COUNTY ASSESSMENTS. 279 
 
 the county treasurer to make out and rejader his account up Chap. 46. 
 to any period named in such order. 
 
 56. The accounts for Hahfax county shall be laid before f°'^'?'^°'5' 
 the December sessions, and after they have been audited published in 
 shall be pubhshed in the royal gazette. S^"^ ^^' 
 
 57. There shall be allowed to the treasurer five per cent commissions to 
 on all monies received by him. ?:?"'*' '™'''"- 
 
 58. Any person aggrieved by the assessment or the levy Appeals, when 
 may appeal to the next sessions held in such caunty, or to eu£d.°" ^™™ 
 any special sessions to be held for hearing appeals, giving at 
 
 least eight days' notice to the clerk of the peace of such 
 appeal who is required to appear in support of the . assess- 
 ment or rate; and the court of appeal, without predjudice 
 to the whole or any part of the assessment, may either set 
 aside or lower the rate on such person, or finally determine 
 the appeal as they shall see fit. 
 
 59. If any money has been paid by the appellant, and EOTaymentpr*- 
 the sessions adjudge that the same or any part thereof be Sdered by" es"- 
 returned, the same shall by order of the sessions be repaid ^oUode?ay coi- 
 by the treasurer out of any money received from the leetion. 
 general assessment of the county ; but no appeal shall delay 
 
 the collection or recovery of the sum assessed upon the 
 appellant. 
 
 60. Every person appointed by any presentment and overseers of 
 order thereon, or by any amercement, to be an overseer of aooountswith 
 work or distributor of money so raised, shall at the next cSm^s \oV' 
 sessions, and within a reasonable time, by the sessions to defaoif- 
 
 be appointed, produce his account on oath if required, with 
 vouchers, that the money by him received has been expend- 
 ed according to law ; and if upcn account made he shall be 
 found to have money on hand, he shall forthwith pay the 
 same to such person as the |essions shall appoint, and in 
 default of such account or payment he shall by warrant of 
 the sessions be committed to jail, there to remain in close 
 confinement for three months, or until such account be 
 made, and the balance be paid with costs, or sufficient 
 security be given for the same. 
 
 61. The sessions, out of the money assessed, shall from compensation 
 time to time order a reasonable compensation to overseers, co'nstabiesr'i-e. 
 distributors of money, and constables employed under this 
 chapter. 
 
 62. Forfeitures and penalties hereby imposed, the collec- Forfeitures aud 
 tion of which is not otherwise provided for, shall be sued ooneSandT 
 for by the clerk of the peace, by direction of two justices, disposed oi. 
 and collected as other debts of like amount, with costs ; 
 
 but no suit shall be brought before a justice who shall have 
 directed the same; and forfeitures and penalties when 
 recovered shall be paid to the treasurer for county pur- • ' 
 poses. . . 
 
 63. No action shall be commenced for any thing done in Limitation of 
 pursuance of this chapter after six months from the date venne.'*'' 
 
 12 
 
180 COUNTY ASSESSMENTS.. [PAET J. 
 
 Chap. 48. of the act complained of; and every sucK action shall be 
 laid where the cause of action arose. 
 
 fertiot'ari, 64. No Certiorari to remove rates or orders, or other 
 
 and how obtain . proceedings of the sessions touching rates, shall be granted 
 
 qaa^'ed.^^*'™ tut upon motion in the first week of the next term in the 
 
 county after the time of appeal has expired; and upon it 
 
 being made to appear by affidavit that the merits of the 
 
 question on such appeal or orders will by such removal 
 
 come properly .in judgment ; and no certiorari shall be 
 
 allowed till a bond, with one surety to be approved by the 
 
 treasurer, be given to him in ten pounds to prosecute the 
 
 same with effect, and pay the costs if the rates or orders be 
 
 confirmed; nor shall any rates or orders be quashed for 
 
 matter of form, only, nor any general rate for any illegality 
 
 in the rates of individuals, except, as to such individuals.. 
 
 _ „ , 65. No action shall be brought against a collector or 
 
 ■oti-ecoverawe receiver of money on a rate subsequently quashed, on a 
 
 m eo ec ors. ggp^jorari or otherwise, but the person who has overpaid 
 
 shall have the amount refunded by the treasurer on the 
 
 order of the sessions. 
 
 66. The word " county" in this chapter shall include a 
 dStrieUncffr*" district whorcver a county has been, or hereafter may be, 
 tain eases. divided into districts. 
 
 in of ' ^'^' Where the word "court of sessions" and "grand jury," 
 words "court of or other words to that effect are used in this chapter, the 
 ■^Tn'thiB' same shall, in counties or districts incorporated, be con- 
 »hapter. etrued to mean the municipal council of such county or 
 
 district. 
 Haiifex— how 68. The city of Halifax sliall, so far as regards any rates 
 tor exeiHpted. ^^pijich under the authority of law the corporation has the 
 power to enforce, be exempted from the operation of all the 
 sections of this chapter 'from| 11 to 47 inclusive. 
 Proceedings 69. After the sessions of the county of Halifax shall 
 
 tobe contribu- ^^^Q ascertained what portion of the county rates shall be 
 **^X*?f'l'''*" contributed by each district and .place in the county, out of 
 
 nctshaU have , . „ ^^•',.„ _ i i i» i in i ' i 
 
 been aseertain- the cityof Hafitax, the clerk or the peace shall send to the 
 
 * " senior or some other justice of the peace resident in each 
 
 — - G4.^*7f district, or to such other justice as the custos shall direct, 
 
 ^""^ lUj^ the amount af the county rates to be borne by such district, 
 
 ■"^-^ /"^ and the justice to whom the same shall be sent shall, within 
 
 twenty days after receiving the same, call a public meeting 
 
 " of the inhabitants, by notice posted up in four or more of 
 
 the most public places therein for at least seyen days before 
 
 6uch meeting, at which meeting he shall preside, and the 
 
 majority of the persons present shall choose three or more 
 
 competent persons as assessors, and one competent person 
 
 as collector of county rates for such district. 
 
 Jn Base inhabi- 70.. If the. inhabitants of such district do not meet s«t the 
 
 ^point asses- time and place appointed, or if in attendance they decline, to 
 
 ^^iMe't."' *" appoint such assessors and collector, within one hour after 
 
 thetim&named for holdingsuch meeting, the justice appointed 
 
I'lTLiE Xn.] OOTOJTT ASSESSMfeNTS. ■1§1 
 
 to preside thereat shall himself appoint the required asses- Chap. 46. 
 sors and collector. 
 
 71. The assessors and collector in each district shall be Duty, &c., of 
 notified of their appointment by the justice appointed to cKtors?'"^ 
 preside, and after being sworn into office they shall proceed 
 to assess and collect the proportion of the rate to be con- 
 tributed by the inhabitants of such district respectively, 
 and the said justice shall transmit a copy of this act, with 
 the notice of appointment, to each assessor and collector. ^^'-^ ■ "^ 
 
 T2. The assessors in each district shall ma,ke their assess- Time in which 
 ment within twenty days after being notified of their mSimade. 
 appointment, and they shall, within twenty-five days frbm 
 euch notification, furnish the assessment roll to the collector, 
 -who shall forthwith procfeed to collect from every person 
 therein named the amount assessed upon him. 
 
 73. In case any of the parties assessed do not, within Proceedings in 
 thirty days after they have been notified by the collector of piymouUf as- 
 the amount of their assessment, pay the same to the collec- ^^™^"'- 
 tor, any justice of the peace before whom the collector shall 
 
 make oath that such notice has been duly given, and that the 
 amount has not been paid, shall issue a general warrant of 
 idistreSs against such defaulter, directed to some one of the 
 constables in the county, who shall collect the amount of 
 assessment due by each party named therein, together with 
 ten per cent, on the amount of such assessment and his 
 fees, and shall make a return of his doings thereon to the 
 collector within seven days; 
 
 74. In case of neglect or refusal by the justice to call Justices, pcna 
 the meeting or to preside thereaj, or ^^ojg^point assessors %\'^ ae-ioct, 
 or collector,'"as required by the seae»d section of this chap- 
 ter, or to notify the assessors and Collector, or to swear them 
 
 ^if required, he shall pay a fine of twenty pounds, to be 
 recovered in the supreme court in the name of the queen. ^ , 
 
 75. Each of the said justices shall make a return of his Beturn of pro- 
 proceedings under this chapter to the first general quarter nait^°i^not 
 sessions at Halifax, and in default thereof he shall pay a fihe "^'''ns ™e. 
 of ten pounds, to be recovered in the supreme court in the ifeooveryof. 
 name of the queen. 
 
 76. In case of neglect or refusal of any of the assessors Assessors and 
 or collectors to fulfil the duties of their respective offices, naity fo'/ne|t' 
 or to qualify themselves by repairing to the residence of ^'"'*'''°'^""^^'''°*- 
 the justices appointed to preside at their district meeting, ' 
 
 or to any other place appointed by him within the district, 
 and requiring him to administer the oath of office, and * 
 taking the same before him, they shall each pay a fine of ten 
 pounds, to be recovered before any two justices of the Hecoveiyof. 
 county by the clerk of the peace in his own name. 
 
 77. Appraisement rolls, apportionment of assessments, Appraisement 
 ■and descriptions defining the limits of the -districts and sent to'justic't". 
 ;places,and six copies of sections from 69 to 87,both inclusive, peatse, 4c°^"'* 
 of this chapter, shall be transmitted by the clerk of the peace 
 
=• 
 
 182 COUNTT ASSESSMEHTS, [PAET 3, 
 
 Chap. 46. to the justices appointed to preside at each district meeting, 
 
 by mail, within one month after the seventh day of May, 
 
 1858, and after that year. within one month, after the appor- 
 
 W tionment shall have be«n made, and proof that the documents 
 
 ^ have been mailed at the post office in Halifax shall be 
 
 > prima facie evidence of their having been received by the 
 
 \) justice to whom the same were addressed. 
 
 Return of o^i 78. The coUectors after finishing the collection shall 
 
 lectors. \ return the assessment rolls for their respective districts to 
 
 ^ the clerk of the peace, with their doings thereon, on or be- 
 
 ,^ fore the first day of December in each year. 
 
 Appointment 79. In case any of the assessors or collectors shall 
 
 coUeetora'^ln^ neglect to take upon themselves the duties of their office., 
 
 appointed re^ °^ *^ qualify themselves after having received five days 
 
 fuse to act J notice of their appointment, the justice appointed, to pre:- 
 
 V side at the meeting shall appoint others in their stead, who 
 
 ^3 shall be liable to the same penalty for neglect or refusal to 
 
 ^ do the duties of the said offices. 
 
 Balance of as- 80. If the whole assessment to be contributed in any 
 
 alfTOii°tte(fto one year by a district be not collected and paid over to the 
 
 nexfvoar'""'^ county treasurer, the amount remaining unpaid shall be 
 
 ^^ /i ' added to the next year's assessment of such district, and 
 
 .'^ collected from such district, with and in addition to such 
 
 r « 
 
 next year's assessment. 
 
 If no assess- 81. In casc from any cause the assessment be not made 
 
 inont be made 
 
 or collected. in any district and paid over to the county treasurer, either 
 y from no meeting having been held or from no assessors or 
 '^"y^ collectors having been appointed, or from any other cause, 
 "^ ^'°' ^ ^ the amounts of assessments to be contributed by the said 
 district, and all the expenses incurred, by calling the meet- 
 ing or otherwise, shall be added to the next year's ^ assess- 
 ment in such district, and collected therewith; or the 
 K^ sessions may send assessors and collectors from any other 
 i> district within the county, who shall be authorized to make 
 and collect from the inhabitants of the district, the amount 
 of asssessment to be contributed by them, and all the 
 expense incurred thereby, whether by sending assessors or 
 collectors, or otherwise, shall be added to the next year's 
 assessment on such district, and collected therewith. 
 
 I'ayment 01 as- oz. inesessions siiau DO auinorizea to pay out oi tne 
 whom? ^°^*^ county funds a reasonable remuneration for the services of 
 \ ^the collectors and assessors sent by them to assess and col- 
 . T J lect the assessment of any district in which the portion of 
 ^ ^ county rate, payable therein, shall not have been assessed 
 ^ 4,v or collected. 
 Compensation 83. All coUectors appointed under the 6&th section 
 for collectors. ^^^ -^^ addition to the five per cent hereinbefore provided, 
 receive such further sum for their trouble as the grand jury 
 and sessions shall think reasonable, but no account shall be 
 received by the gi-and jury and sessions for such extra ser- 
 vices unless it be duly certified by the justice appointed 
 
TITLE ill.] COUNTY ASSESSMENTS. 183 
 
 to preside at the district meeting to be just and reasoii- Chap. 46. 
 able. 
 
 84. All travelling and other expenses incurred by jus- Expenses of 
 tices in the discharge of their appointed duties under the J"^™®^- 
 last fourteen sections shall be paid by the county, subject 
 
 to me approval of the grand jury and- sessions. 
 
 85. All penalties incurred under the said fourteen sec- Penalties— die- 
 tions shall, when recovered, be paid over to the county p"^®^*- 
 treasurer for county purposes. '^^)i' ^^J^^ir^ 
 
 86. The clerk of the peace shall, when any fine or pe- cierk of the / 
 nalty is incurred, cause proceedings to be instituted to force%™yment' 
 enforce the paj^ment thereof, for the breach of any of the of nenaities. 
 provisions of the last sixteen sections, and if he shall neglect 
 
 to do so within ten days after he shall have been required 
 
 by the custos or the court of sessions, he shall pay a fine 
 
 of twentj' pounds, to be recovered in the supreme court in 
 
 the name of the queen, and in case the clerk of the peace Penalty for 
 
 shall neglect to fulfil any of the other duties imposed upon "^sieet,*c. 
 
 him by the same sections, he shall paj^ a penalty of ten ^ 
 
 pounds to be recovered as aforesaid. j^ 
 
 87. The last seventeen sections shall only apply to Application of 
 the county of Halifax, and shall not apply to the city of -■^^y^'-^-^^'^x. 
 Halifax. 
 
 88. It shall be lawful for the general sessions of any Assessors, looai 
 
 , ,jpjit' t and general — 
 
 county, on presentment from the grand jury recommending appointment cii 
 the same, instead of appointing assessors for separate town- 
 ships and places, to appoint in the same manner as other 
 county officers are appointed, two assessors for each elec- 
 toral district within the county, who shall be called local 
 assessors, and also to appoint for the whole county three 
 assessors, to be called general assessors; and thereafter the 
 .a,ssessment roll for each electoral district in any such county 
 ehall be made up by the three general assessors and the two 
 local assessors of the district, acting as a board of assess- 
 ment for such district. 
 
 89. In such case the clerk of the peace shall duly notify Meeting— noti 
 the local assessors of the days and places that shall be ^*"^''°" ''^• 
 appointed by the general assessors, for holding a meeting of 
 the assessors in each electoral district; and it shall be the 
 duty of the general assessors and local assessors to meet at 
 the time and place named in such notification, for the pur- 
 pose of making up the assessment roll. 
 
 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, 
 guch average stock to be considered the mean between the 
 
184' 
 
 cfftrarr assessments; 
 
 [part I. 
 
 Chap. 46. 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 district] of . 
 
 Name of tax- 
 able party. 
 
 Value of real 
 estate within 
 the county. 
 
 Value of per- 
 sonal estate 
 vitbin the 
 county. 
 
 Whole 
 taxable 
 property. 
 
 nistrict in 
 which pro- 
 perty is. 
 
 Amount assseseii 
 in different 
 townships 
 
 A. B. 
 
 £600 
 
 £200 
 
 £800 
 
 Township of 
 A 
 
 £250 
 
 C. D. 
 
 100 
 
 300 
 
 400 • 
 
 B 
 
 350 a 
 
 E. F. 
 
 
 200 
 
 200 
 
 C 
 
 200 ft 
 
 G. H. 
 
 
 50 
 
 50 
 
 
 . 
 
 Nonresidents 
 
 
 
 
 
 
 land -within 
 
 
 
 
 
 
 the township 
 
 
 
 1500 
 
 
 
 [or district], 
 per list. 
 
 
 
 
 
 
 Assessment Roll of non-residents lands within the township 
 [w district} of . 
 
 Name of taxable 
 party if known. 
 
 Number of acres 
 or thereabout. 
 
 Description of Igt sufficient to 
 identify it. 
 
 Value off 
 land. 
 
 J. K. 
 
 Unknown. 
 
 500 
 300 
 
 A lot of land situate to the 
 
 west of river, bounding 
 
 thereon on the east [or such other 
 description as may identify it^] 
 
 A lot of land originally 
 granted to A. B., [or such de- 
 scription as may identify it.] 
 
 £200 
 130» 
 
TITLE Xa.] 
 
 COUNTY ASSESSMENTS. 
 
 c. 
 
 Collector's roll for county rates for the township 
 [or district] of . 
 
 Name of taxable 
 party. 
 
 Pen tax. 
 
 Taxable property. 
 
 Kate payable 
 thereon. 
 
 Total tax. 
 
 A. B. 
 
 Xs. 3d. 
 
 £800 
 
 8s. 
 
 9s. 3d. 
 
 C. D. 
 
 Is. 3d. 
 
 400 
 
 46. 
 
 5s. Sd, 
 
 E. F. 
 
 Is. 3d. 
 
 200 
 
 2s. 
 
 3s. 3d. 
 
 G. H. 
 
 Is. 3d. 
 
 50 
 
 Os. 6d. 
 
 Is. 9d. 
 
 Non-residents 
 land. 
 
 
 1500 
 
 15s. 
 
 15s. 
 
 Collector's roll for county rates for the township 
 [or district] of . 
 
 Name of taxable 
 party if known. 
 
 No, of 
 acres. 
 
 Deaeription of lot suffi- 
 cient to identify it. 
 
 Value of land. 
 
 Total levy. 
 
 J. R. 
 Unknown. 
 
 500 
 300 
 
 (Copy the descrip- 
 tion from the certi- 
 fied roll, or give 
 other sufficient de- 
 scription of it.) 
 
 • 
 (Copy as above.) 
 
 £200 
 1300 6 
 
 2s. 
 13s. ' 
 
 185 
 Chap. 46. 
 
 You are hereby required to collect 15s., the tax as speci- 
 fied in the within roll, and to pay over the same to the 
 
 pounty treasurer, within days herefrom. 
 
 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 greeting : 
 
 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 forty-six ; and whereas upon 
 such sale the said C. D. paid the purchase money. 
 
 Now know ye, that I, the said sheriff, in consideration of 
 
 the sum of , so paid to me as aforesaid, have granted 
 
 and conveyed, and by these "presents 3o grant and convey 
 
186 COUNTT ASSESSMENTS. [PAET I. 
 
 CfiAP. 46. to the said C. D., his heirs and assigns, all that [Jiere describe 
 the laTid.] In witness whereof, I have hereto subscribed my 
 hand and seal at this day of , A. D., 18 — . 
 
 Form of general Form of qenerol warrant of distress. 
 
 WMrant., • •' >? •' 
 
 Cotmty of ) To A. B. one of the constables of the 
 j township of . 
 
 Whereas by a rate and assessment made in conformity 
 with law, the persons named in the schedule hereunto 
 annexed have been assessed for county rates for the year 
 
 ending the • ;-.and whereas it appears to me, one of 
 
 the justices ^£ the peace for such county upon the oath of 
 C. Jy., one of the collectors for such township, that the seve- 
 ral sums for which they have been assessed have been 
 demanded from such persons respectively, and that the 
 sums set opposite their names in such schedule remain 
 unpaid : these are therefore to require you forthwith to 
 make distress of the goods and chattels of the persons men- 
 tioned in the schedule ; and if within the space of five 
 days next after such distress by you taken the sums in the 
 schedule set opposite their respective names, being the 
 sums rated.on them respectively, together with their pro- 
 • portion of justice's and constable's fees and the necessary 
 charges of taking and keeping the distress be not paid by 
 each of them respectively, that {hen 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 monies 
 arising from such sale you do forthwith pay over the sums 
 so due by them respectively to the said C. D., the collector, 
 together with the justice's and constable's fees, if any, by 
 him paid ; and that you do "render to the owners of the 
 goods respectively upon demand the surplus remaining from 
 su.ch "SSfe, the necessary charges of taking, keeping and 
 gelling the distress, being first deducted, and if no such dis- 
 tress can be made, that then you certify the same to me. 
 
 Given under my hand and seal the day of 
 
 A. D. 18— 
 
 (Signed) J. P. (seal) 
 
title xii.] jails. 187 
 
 Chap. 47. 
 
 CHAPTER 47. 
 
 OP JAILS AND OTHER COUNTY BUILDINGS. 
 
 1. County or district jails, court houses and session's Jails, court 
 houses, may be erected and repaired by order of the grand s\onfhl?sesr^ 
 juries and sessions in the respective counties and dis- repaiS'"*""'^ 
 tricts. 
 
 2. If a jailer or other person shall sell or deliver, or spirituous li- 
 permit any person to sell or deliver to any prisoner or other ^u°hf/''jaif ''™ 
 persoQ any spirituous liquors in any jail or jail yard, or I'm'ta- 
 within the limits of any jail, or in any room or part of a 
 
 house or building where a jail is kept, or shall bring or suffer 
 such liquors to be brought therein to be used by any pri- 
 soner there, such person shall forfeit a sum not exceeding 
 three pounds. 
 
 3. Every jailer on a second conviction therefor, shall, Penalties for a 
 in addition to paying a second fine, be disqualified for office, ^0°°*^ oonvic- 
 and be forthwith dismissed. 
 
 4. Prosecutions shall be in the name of the clerk of the Proseoutions to 
 licenses for the county or district, and on information given lioeiSe. ^^ " 
 him it shall be imperative upon him to sue for such fine. 
 
 5. Nothing herein contained shall preveirt^he introduc- Lienors when 
 tion of liquors for sick persons being in jail when prescribed SSiy'^may'be 
 in writing by a physician. furnished 
 
 6. If the limits of a jail extend beyond the jail yard, and Exceptions 
 include any house or building other than the jail, nothing witMn the^.*' 
 herein contained shall extend to such limits unless as respects ^™'''^- 
 delivering or carrying such spirituous liquors to prisoners 
 confined within such jail or the limits thereof. 
 
 7. The supreme court in the different counties shall from Jaii limits and 
 time to time make and publish rules and orders for fixing thelsonduot^oT 
 and ascertaining the limits and boundaries of jail yards, and oers'fobere°u- 
 for directing and controlling the conduct of sheriff's, jailers latek by su? 
 and officers having the charge or custody of prisoners, and P"^^™® ''°^'^ • 
 for their safe keeping and protection. 
 
 8. The justices in sessions may make orders for the Orderstouohing 
 regulation of county buildings and for the internal regula- ings" iffeoTing 
 tion of jails, for the guidance of jailers and other subordinate irflinersTmade 
 prison officers, and for the comfort and control of prisoners ; oy sessions lu 
 but the same shall not extend to interfere with or affect the 
 
 security of prisoners there confined, nor the custody or 
 control of the sheriff over his prisoners, nor to lessen his 
 responsibility for their safe keeping. 
 
 9. The justices in session, with the assent of the grand Jailer's salary, 
 jury, may regulate the salary of jailers and subordinate fcSs may be° ' 
 prison officers, and may regulate or abolish, the payment by *''°i'*^'^- 
 prisoners of fees. 
 
188 
 
 TOTVTfSHIPS AND OFFICERS, 
 
 [part I. 
 
 Chap. 48. 
 
 Sessions orAcrs 
 to be submitted 
 to the supreme 
 court for allow- 
 anoe. 
 
 Jail regulations 
 to be posted in 
 the building. 
 
 10. Certified copies of all such orders shall forthwith 
 thereafter be furnished by the clerk of the peace to the 
 prothonotary of the county, and thereupon the supreme 
 court at its next term may alter, disallow or confirm the 
 same. If not altered or disallowed at the next term, they 
 shall immediately thereafter be in force. 
 
 11. Every sheriff and every jailer shall keep a copy of 
 the jail regulations posted in some conspicuous part of the 
 building, and the clerk of the peace shall furnish him there- 
 with upon demand. 
 
 ^i^t^A^-oCt ^^ 
 
 a^ ^£'/. 
 
 /i)ii-€ 
 
 TITLE XIII. 
 
 OF TOWNSHIPS AND TOWNSHIP AND PEACE OFFICERS. 
 
 Boundaries of 
 townships con- 
 flrmed. 
 
 Surveyors of 
 toirnship lines 
 appointed ; 
 their duties. 
 
 Town officers, 
 how nominated 
 and appointed. 
 
 Surveyors of 
 highways, how 
 appointed in 
 cases of omis- 
 sion of sessions. 
 
 OlBoors to be 
 sworn in ; fines 
 for certain of 
 fences. 
 
 CHAPTER 48. 
 
 OF TOWNSHIPS, THEIR POWERS AND DUTIES, AND THE APPOINT- 
 MENT, QUALIFICATION, AND DUTIES OP TOWNSHIP OFFICERS. 
 
 1. The boundary lines of townships, wherever the same 
 have been established, are confirmed. 
 
 2. The grand jury for each county, when required by 
 the court of general sessions, shall nominate out of the 
 respective townships within the county, or any of them, six 
 persons, out 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. 
 
 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, out of whom the justices 
 shall appoint such number as may be deemed expedient. 
 
 4. If the grand jury and sessions shall not appoint a sur- 
 veyor of highways for any particular district, any two jus- 
 tices 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 a justice, 
 before entering thereon ; and upon refusal to accept office 
 or neglect to be sworn in within fourteen days, or mis- 
 behaviour therein, every such officer for each offence sha,ll 
 forfeit forty shillings. 
 
TITLE SIII.] TOWNSHIPS AND OPFICEES. 18^ 
 
 6. ' If the surveyor of highways shall in any respect Chap. 48. 
 neglect or refuse to fulfil the duties required of him bylaw, Penalty against 
 the clerk of the peace, when so directed by the court of wghmya-how 
 sessions, shall sue for the penalty incurred by such surveyor ™'*'*' 
 
 at the risk the county. 
 
 7. In any action instituted against a surveyor of high- Pro^f "^'"■P- 
 ways for neglect of duty, it shall be sufficient to produce ^""^ ""^^ ' 
 proof of his appointment as such surveyor, and a certificate- 
 under the hand of the clerk of the peace shall be prima 
 
 facie evidence of such appointment, and it shall be no bar Neglect to qua- 
 to such action that such surveyor may have neglected to action". ^"^ 
 qualify himself by being sworn into ofSce. 
 
 8. Persons oyer sixty years of age shall be exempt from gmptel f?om 
 performing the duties of surveyors of highAvays, but it tein|survey- 
 shall be incumbent on such persons to prove their age. 
 
 9. If any person so appointed shall die or leave the eaaJ'of'deatii, 
 township during his term of office, or shall not perform the absence, &a. for 
 duties thereof, any two justices of the township or settle- 
 ment may appoint a successor until another person shall be 
 appointed by the grand jury and sessions at their next 
 meeting. 
 
 10. All plans, grants, title deeds and conveyances. Custody of town 
 belonging to any township, or in which the proprietors have Se^'pr^yUed'; 
 a common interest, shall be kept in the custody of the clerk f^l^ inapec- 
 of such township, who may recover possession thereof in 
 
 an action in his own name, and such documents shall be 
 open for inspection to all persons on payment of a fee of 
 sixpence. 
 
 11. The sessions for the county of Halifax are autho- constables^ 
 rized upon the recommendation of the grand jury, to appoint ^°^ appointed, 
 constables to attend upon the sessions and the supreme 
 
 court within the county, in the same manner as other town 
 officers are appointed. 
 
 12. In case of riot, tumult, or disturbance, or illegal special consta- 
 acts of any kind, accompanied with force or violence, or be appotated" 
 of a just apprehension thereof, if in the city of Halifax, the and how. 
 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. 
 
 13. Such special constables, shall, within the city, be By^whomdireo- 
 under the- direction of the mayor or presiding alderman ; troUeS. 
 
 and if elsewhere, under the direction of the senior magis- 
 trate who has signed their appointment. 
 
 14. In the city, the mayor or any alderman, and else- By whom to be 
 where any justice of the peace, may swear in such special 
 constables -to the faithful discharge of their duty. 
 
 15. The appointment of such special constables shall "^j^^^™ ^"^ *P" 
 continue in force for the period of fourteen days fro,m the 
 
 date of such appointment, unless sooner revoked by the 
 mayor, aldermen, or justices by whom they were appointed. 
 
190 
 
 IMPOUNDING CATTLE — FENCES. 
 
 [PAET I. 
 
 Chap. 49. 
 
 Disorder or dis- 
 turbance, or ap- 
 prehension of, 
 at public meet- 
 ings. 
 
 Constables — re- 
 'Aising to serve. 
 
 Appointment 
 and pay of po- 
 lice constables. 
 
 Funds, how 
 
 raised. 
 
 Protection oC 
 
 16. In case of disorder or disturbance which may occur 
 at any public meeting or assemblage of persons, the mayor 
 or any alderman if in the city, or any justice of th« 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 pre- 
 serving order and peace at such meeting or assemblage. 
 
 17. Any person who may be appointed a special con- 
 stable under the last five sections, and shall neglect or 
 refuse to be sworn into office, shall be liable to a penalty of 
 two pounds. 
 
 18. The grand jury and sessions may appoint one or more 
 police constables, to act for the preservation of the public 
 peace and order, and for the enforcement of the laws against 
 crime, vice, and immorality, in such townships or other dis- 
 tricts 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. 
 
 19. The funds necessary for such purpose shall be raised 
 by assessment, upon the districts wherein such officers 
 are appointed, in the same manner as poor and county rates. 
 
 20. Any person who shall by force resist any constable 
 or special constable in the execution of his duty, shall be 
 subject to a penalty of not less ' than ten shillings and not 
 mcMje than five pounds, 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 ofiendei" 
 shall be committed to the jail of the county for a period not 
 exceeding thirty days. 
 
 CHAPTER 49. 
 
 OP FENCES AND PENCE VIEWERS, AND IMPOUNDING OF CATTLE. 
 
 Fences of en- 
 closed lands, 
 )iow construct- 
 ed. 
 
 Height offences 
 
 Damages byl 
 cattle, by and 
 from whom re- 
 coTerable. 
 
 1. All fences of enclosed lands shall be built of stones, 
 pickets, boards, logs, poles, brush, or posts and rails, unless 
 the lands are bounded by ponds, unfordable rivers, or the 
 sea, or surrounded by sufficient hedges. 
 
 2. Such fences 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. 
 
 3. If any damage be done by horses, sheep, goats, swine 
 or cattle, breaking into and destroying the product of such 
 enclosures, the same being enclosed at the time with a suffi- 
 cient 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. 
 
TITLE Xm.] IMPOUNDING CATTLE — FENCES. 191 
 
 4. The damages jhall be ascertained by an appraisement Chap. 49. 
 of three persons living in the neighborhood, being first Oftheappraiao- 
 sworn before a justice, truly to value the same. ■ """'''• 
 
 5. If the owner refuse to pay the amount appraised. Damages re- 
 upon notice thereof, the party injured may maintain an action noS aaaffi' 
 therefor as for any other debt. 
 
 6. The proprietor of a field adjoining another enclosed Partition fenocs, 
 and improved, shall build and maintain his proportion of differenoea, how 
 fencing on that part of such land which adjoins his own, ^''J"'''''^- 
 and in case of neglect so to do, after three days' notice to 
 
 that effect, any fence viewer may forthwith cause such defi- 
 cient fence to be made or repaired, as the case may be, and 
 the person so neglecting shall pay double the expenses of 
 making or repairing such fence, to be recovered by the 
 fence viewer, with costs, as any other debt. If adjoining 
 proprietors differ as to the part or proportion of a' new 
 division fence to be made by each, the nearest fence viewer 
 shall decide the same. 
 
 7. No fence viewer shall be allowed more than three Fence viewers' 
 shillings per day for his own trouble and time ; and for each for^nlgiict'irf 
 neglect of duty, when notified, he shall forfeit forty shillings. *"*^- 
 
 8. Where the owner of land, improved or cultivated, obligation of 
 shall have made, or hereafter shall make, his proportion or adjoining im- 
 one-half part of the fence . separating his land from the p™^^"* lands., 
 improved or cultivated land of the adjoining proprietor, of 
 permanent or durable materials or growth, to be determined 
 
 as hereinafter provided, he shall not, nor shall any person 
 claiming under him, be required to erect or repair the fence 
 in any other place as between his land and that of such 
 adjoining proprietor, or any person claiming under him, in 
 case of sale or change of occupancy of any part of the land 
 of the latter. so long as such portion of fence of the kind 
 above mentioned shall be maintained by the person first 
 above referred to or some person claiming under him. 
 
 9. Any two justices of the peace of the county in which Sufficiency of 
 the lands referred to lie (due notice in writing for at least dTterminel 
 three days being first given to the propf ietor of the adjoin- 
 ing 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 evi- 
 dence of the matters therein stated. 
 
 10. Any person feeling aggrieved by the decision of the Appeal, 
 justices may appeal to the next general court of sessions for 
 
 the county, whose decision, affirming or reversing the deci- 
 sion of sugh justices, shall be final. 
 
 11. Nothing in the three preceding sections contained Titles to land?, 
 shall be construed to affeCt the title to the lands on which thisact." ^ ^ 
 the fences are erected. 
 
192 IMPOUNDING CATTLE — FENCES. [PART I. 
 
 Chap. 49. ^2. No owner or proprietor of wood, or barren or burnt 
 unimprovod lands, not Under improvements, shall be' compelled to make 
 
 laud, owner not ■ j. j- j} • j. ...i; ■ 
 
 liable to fence, any part 01 a lence against or on trie same. 
 Cattle, &a. tres- 13. If any damage shall be done by horses, sheep, goats, 
 cioeurS i^we" swine or cattle breaking into and destroying the product of 
 to be impound- ^^^ enclosures, the persons whose fences have been broken 
 and enclosures damaged, may impound the cattle so tres- 
 passing till the owner shall claim the same. 
 Ponn^-keepers 14. The pound keeper shall thereupon as soon as may 
 case. be, advertise the same in three of the most public places in 
 
 the settlement where the trespass has been committed, in 
 order that the person injured may proceed against the 
 owner of such animals refusing to pay the damages done 
 thereby. 
 His fees and the 15. The owncr of such auimals shall pay to the poimd^ 
 mode of reoov- j^ggp^j. above the damages adjudged, one shilling for every 
 horse or head of cattle, and six pence for every sheep, goat 
 or swine, for each day the same shall have been impounded, 
 for their support ; and in case of refusal to pay the same 
 within eight days after being impounded, with the charge 
 of advertising, the animals shall be publicly sold ; and the 
 proceeds, after deducting the pound-keeper's charge for 
 supporting them, and the damages, shall be paid to the 
 owner if. he appear within thirty days ; if not, then to the 
 overseers of the poor of the place where the trespass was 
 committed. 
 Kne? for rescue 16. If any person shall rescue any animals from the pcr- 
 breaoh""how ^^^^ driving them to the pound, he shall forfeit to the party 
 recovered and aggrieved twenty shillings above all damages sustained by 
 the trespass committed by such animals. And if any person 
 break any pound or by indirect means deliver any animals 
 therefrom, he shall forfeit five pounds to any person who 
 wiU sue for the same ; which penalty 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. 
 &o^wh'e''ndeem- ■^'^" Such rivers, crccks, bays, harbours, and inlets of the 
 odiawfuifences. 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 sufBciently deep and inaccessible to pre- 
 ■ vent the passing of cattle. 
 Appeals from 18. If any persou feel aggrieved by the judgment of thg 
 ioB&ev^werB. fcnce viewers as to the lawfulness of such last mentioned 
 fence, or desire the decision of the court of sessions instead, 
 such person m&y 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. 
 
TITLE SIV.] CHUECH OF ENGLAJTOi 193 
 
 19. In every case where damage shall be done to the Chap. 50. 
 enclosed lands of any person by any of the animals herein- Damages recov- 
 before mentioned, breaking the fences enclosing tiie same, ^ortion orr' 
 the owner of such animal shall be liable for the damage, if broken were . 
 that part of the fence broken by such animal were lawful °'™^^' * 
 although other parts of the enclosing fence may not be 
 
 lawful. 
 
 20. The owner of any of the animals hereinbefore men- owner iiaWe for 
 tioned breaking through a division fence which such person oattKeak '* 
 is bound to repair and keep up, shall be liable for any damage own porMonof 
 done by such animal upon the land of another person en- diriamg fenoe. 
 closed or partly enclosed by such division fence, although 
 
 the same may not be a lawful fence. 
 
 21. If any person shall destroy or injure any railing, ft™yl^^raii^® 
 stone wall or fence of any kind, placed on the side of any ings, walls, and 
 public square, bridge or causeway, he* shall forfeit for each orpuWiS ^ 
 ■offence not less than five or more than forty shillings in |es"&o.^' ^"'^' 
 addition to any private damage sustained. 
 
 TITLE XIV. 
 
 OF THE SUPPORT OF PUBLIC WORSHIP. 
 
 CHAPTER 50. 
 
 OF THE CHUECH OF ENGLAND. 
 
 , 1. No minister of the church of England shall officiate as Licensed cier' 
 a clergyman of that church but such as shall be duly Slte.""^^'" 
 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 presentation 
 of him. 
 
 2. No license shall be refused without the causes there- Lioenses not u> 
 for being signified in writing and deHvered to the apph- oStoauaeshewu 
 
 cant. in writing. 
 
 3. The parishes already established shall remain as here- Parishes estab 
 tofore, and when any church shall be erected for divine .^Uottin"diWd- 
 service according to the rites of the church of England, the Ji^^Si'^^fut^^,* 
 bishop of the diocese may allot a district which shall be the p»risiieB. ■ 
 parish of such church, and. may divide and subdivide any 
 
 parish now established or hereafter to be .allotted ; but no 
 parish shall be divided or subdivided by the bishop unless 
 on the application of a majority of the parishioners, of the 
 parish proposed to be divided or subdivided, or by a majo- 
 
194 CHURCH OP ENGLAND, [PABT I. 
 
 Chap. 50. rity of parishioners expressed at any public meeting of the 
 
 parish called for the consideration of such a measure. 
 Of the election 4. The church Wardens and parishioners of every parish 
 cns°and°vestry^ shall meet annually on Monday next after Easter-day, notice 
 »nd their pow- of the hour and place of meeting having been first given by 
 the rector or officiating minister, at which meeting the 
 parishioners shall choose two churchwardens and twelve 
 vestry men, to whom the clergyman oflSciating as rector in 
 the parish shall be added; and such churchwardens 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, 
 cor'orat'e^for ^' Churchwardeus and vestries are hereby constituted 
 jiurposea speoi- within their respective parishes bodies corporate, with 
 power to sue and be sued, to receive grants of real and 
 personal estate for the use of the church and all parish pur- 
 poses, to improve the same and receive the rents thereof for 
 the like use, and, with the approval of the bishop, to sell 
 and convey such real and personal property, and to have a 
 common seal, and to make bye-laws and regulations consis- 
 tent with the laws of the province for the management of the 
 temporalities of their church and the due and orderly con- 
 ducting of their affairs, 
 ofparishion- 6. Th"e parishioners shall consist of pew holders and 
 crVf grantmg' otliers accustomed to attend upon the services of the 
 "isSSt'^and church ; and such parishioners who have previously paid 
 collection. up their pew rents and assessments, or the accustomed con- 
 tributions to the church, may, if they think fit at their 
 annual meeting by a majority of those present, grant money 
 for the suppoi't of their ministers, and all other expenses 
 which shall be required for the payment of such officers as 
 may be found necessary, and for repairs and other services, 
 Avhich shall be assessed by the churchwardens and vestry in 
 just proportions upon such parishioners being persons usu- 
 ally 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 ; and the parishioners 
 at their annual meeting shall appoint three of their number, 
 by whom the churchwardens and vestry -shall be assessed. 
 Power of 7. The churchwardens and vestry shall have power to 
 
 churchwardens i , • t -j i ± -n -j. t i ^ i 
 
 and Testry over abate any maividuai assessment it it should appear unequal, 
 iisaeasments. ^^^j ^^ compromise the same for prompt payment or other- 
 wise as it may be for the interest of the church, without 
 affecting the general rate. 
 Meetings for 8. The churchwardens and vestry may meet for the 
 
 Ijusiness when a.- r i • j-i ■' . •' 
 
 and how called, transaction 01 business as oiten as occasion may require ; 
 
TITLE XIV.] EELIGIOUS CONGREGATIONS. 195 
 
 arid the churchwardens, vestry and parishioners may ass em- Chap. 51. 
 ble for all business connected with the parish except the 
 choice of officers or making assessinents as often as it may 
 be considered necessary, either upon the application of the 
 rector, the chui-chwardens or the parishioners, provided that 
 ten at least of the latter sign a requisition to that effect, notice 
 of such nleeting 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. 
 
 9. In case of refusal to act by persons nominated as Churchwardens 
 churchwardens and vestry, the parishioners shall proceed act,' otherstl be 
 to nominate others in their place until a sufficient number '^pp"'"*^''- 
 shairaccept office. 
 
 10. No conveyance by lease or otherwise of any parson- eiete lands 
 age or glebe held by a minister of the church of England {easH. 
 shall be valid for a longer period than his own incumbency 
 
 unless with the concurrence of the churchwardens and vestry 
 eicpressed in writing under their common seal, and in no 
 case for a longer period than twenty-one years ; but with 
 the concurrence of the bishop, the rector and the church- 
 wardens and vestry, absolute sale may be made of any glebe 
 lands or other real estate belonging to the parish if the 
 same be thought for the interests of the church. 
 
 CHAPTER 51. 
 
 OF RELIGIOUS CONGREGATIONS AND SOCIETIES. 
 
 1. When any number of persons, not less than twenty, congre™tions 
 capable of contracting, desire to form themselves into a con- fr™toes named j- 
 gregation of christians for the public worship of God accord- i^rs'^prJ'-Aded?' 
 ing 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 congregations, and adopt a suit- 
 able name thferefor, and declare the place where the same is 
 established, and the particular denomination of christians 
 with whose doctrines such congregation is connected ; and 
 they may name two or more persons of the congregation to 
 be trustees thereof and give them a name of office, and 
 describe in such deed by bounds the particular situation of 
 all lands conveyed to or in trust for the congregation for 
 all purposes connected therewith: and they may also set 
 ' forth in such deed the constitution of the congregation, 
 the mode of admission of future members, by whom the 
 right of voting at meetings shall be enjoyed, how the votes 
 13 
 
196 RELIGIOUS CONGREGATIONS. [PART I. 
 
 Chap. 51. shall be ascertained and given, the manner in which vacan- 
 " cies in the trust shall be supplied, and such other particulars 
 
 as they may think proper. 
 Deed to be 2. The deed shall be duly registered in the office of the 
 
 property ii'ow registrar of deeds for the county or district where the con- 
 vested, gregation is established ; and after its registry all the lands 
 described therein and all real and personal estate granted 
 to the congregation, or to their use, shall be vested in the 
 trustees named in the deed for the use of the congregation, 
 and after the death or removal of any trustee or his becom- 
 ing incapable to act shall vest in the succeeding trustees 
 subject to the same trust without any assignment or con- 
 veyance except the transfer of stock and securities in the 
 public funds ; and shall also in any suit at law or in equity, 
 or in any criminal prosecution, be deemed the property of 
 the trustees. 
 Trustees to aae 3. Such trustees in all cases concerning the real and per- 
 and be sued, ggnal estate of the congregation, may sue and be sued, by 
 their name of office, a,nd 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 monies and costs as if the action 
 had been prosecuted in their names, for the benefit of, or 
 to be reimbursed from, the funds of the congregation. 
 Amount of real 4. Every Congregation established under these provi- 
 estlK''be' sions, may hold in the name of their trustees, real estate not 
 iieid. exceeding the yearly value of two thousand pounds, and 
 personal property not exceeding in the whole at any one 
 time ten thousand pounds : and may use and dispose of 
 such real and personal estate as the congregation shall deem 
 expedient. 
 Meetings how 5. The members of every such congregation may meet 
 may 'be^made ^ whcu they shall think proper, and at such meetings by the 
 c'^edin's t^T "^otos of the majority of the members present, may make 
 recorded. and put in execution such regulations not being contraiy 
 to the laws of this province, nor to any rule or regulation 
 embodied in the deed under which the congregation or 
 society may be constituted, as the majority shall deem 
 necessary for the government of the congregation, and such 
 regulations may change as they may think proper ; and such 
 majority may also choose trustees to supply any vacancy 
 in the trust, and may remove from office any of the trustees 
 fpr the time being, and manage and superintend the affairs 
 of the congregation ; the time and place of meeting, shall be 
 duly notified as prescribed by rules therefor, and some fit 
 person shall be chosen chairman at every meeting, and all 
 proceedings thereat shall be entered in the books of the 
 congregation, and signed by the chairman and clerk of the 
 meeting, and proof of such entry so signed shall be deemed 
 sufficient evidence of such proceedings, and of the regula- 
 rity of the meetings. 
 
TITLE XIV.] EELIGIOUS CONGEEGATIONS. 197 
 
 6. Every person admitted a member of the congrega- Chap. 51. 
 tion after the registry of the deed shall execute the same in Momhership 
 the presence of two witnesses before he shall be deemed ^<"^ i-eguiatea^ 
 a member. 
 
 7. All real estate which at the formation of any congre- Real estate held 
 gation under this" chapter shall be held therefor by any ecutedf hoV^" 
 trustees not appointed under any act or deed of incorpora- ne"trastees. 
 tion, shall, by such trustees or their survivors, or by such 
 
 of them as then remain in this province, be conveyed unto 
 the new trustees named in the deed by their name of oiSce, 
 and upon the coveyance being made and registered all. the 
 estate and interest of the orignal trustees or the survivors 
 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. Religious societies or congregations incorporated Provisions for 
 bj special act of incorporation, or by deed under the pro- gTegaUonrin'- 
 visions of the act heretofore in force for such purpose, may speoiafaot^to 
 avail themselves of the provisions of this chapter, provided ^l^yU'^ffili, 
 the parties executing the deed comprise two thirds at least chapter, 
 
 of the members of the former corporation who at the time 
 form a part of the congregation, and also by two thirds at 
 least of the persons actually exercising the functions of 
 trustees by their individual names as such trustees, and 
 upon th6 new deed being registered the former act or deed 
 of incorporation shall from thenceforth cease to be in ope- 
 ration, and the property held thereunder shall vest in the 
 new trustees in accordance with the terms of the deed ; 
 but nothing herein contained shall aflect 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 Real estate how 
 congregation present at any regular meeting of the congre- 0?!^'^°''''^^'*^'"^ 
 gation, 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 fqr 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 of building 
 the purpose of public worship, may wish to dispose thereof worship, so!^"* 
 on account of the same having become dilapidated, or other- 
 wise, and shall not have legal power to do so, the pro- 
 prietors 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 build- 
 ing, is situate, at least ten days previously, may by a vote 
 of three-fifths of the proprietors present at such meeting, 
 appoint a committee of three of their number, to make 
 sale of such building, and the committee shall sell the same 
 
198 EELIGIOUS CONGREGATIONS. [PART 1. 
 
 Chap. 51. conformably to the mstrnctions given at the meeting, and 
 ~ cause the removal thereof, and shall apply the proceeds of 
 
 ProTiso. tbe sale as directed by the meeting ; but no meeting shall 
 
 be valid for such purpose unless a majority of the proprie- 
 tors are present. , 
 When vested in 11. In case the building shall be vested in trustees who 
 ruatees. g|^^jj ^^^ 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 build- 
 ing and apply the proceeds. * ^ . 
 Sale of land not 12. Nothing herein shall authorize the Sale of the land on ;, 
 authorized. ^^^^ ^^^ building, SO to be disposed of, shall be situated. 
 Clergymen or 13. Under the Order of any such meeting, or of a meeting 
 whom engaged, 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 wri- • ;■ 
 ing with any clergyman or minister whom the congregation 
 or church shall appoint to their spiritual charge, for such ^ 
 periods and salary as shall be agreed upon. 
 Agreement to 14. The trustees having agreed with any minister or 
 con™e"^tioSs clergyman, shall, without delay, cause the agreement to be 
 booSs.° entered at length in the books of the congregation. 
 Funds how pro- 15. The trustces for the time being, by the vote of the 
 dlfi.de'noy\^ "^ majority of the members of the congregation at any such 
 mente.""^"^' meeting shall, in cases where the funds at their disposal are 
 inadequate to the discharge of the claims Bpoii them, sue 
 for and recover from members a rateable share, to be fixed 
 according to the rules of the congregation, of such amount 
 or deficiency, by separate suit for their respective rateable ^ 
 proportion of the whole amount against the respective sur- ; 
 viving and solvent members of the congregation, or the I 
 • representatives of deceased members liable to such pay- 
 ment. 
 Church of Eng- 16. Nothing in this chapter shall extend to the church 
 ifrnttato^'of ' of England or to the parishes thereof, or shall affect the 
 ?e™ards''ohuroh ^ghts of its clergy men, officers, and parishioners, nor shall ," 
 difcipiine. interfere" with the spiritual government and discipline of any . ^ 
 church further than may be provided for in the deed under '.^ 
 which the society or congregation is constituted. ' :' 
 
title siv.] repairs meeting houses. 199 
 
 Chap. 52. 
 CHAPTER 52. 
 
 OP ASSESSMENTS FOR THE EEPAIRS OF MEETING HOUSES. 
 
 1. When funds are required for repairing, finishing, or Repairs of 
 painting any meeting house or church, the proprietors provw^dfo" by 
 thereof, at a pubh"c meeting whereof notice shall have been assessment. 
 previously given during the time of divine service at such 
 meeting-house or church, on three several Sundays, may by 
 
 vote of three-fifths of the proprietors present at such meet- 
 ing declare what repairs are necessary, and the amount 
 required therefor, and may also nominate three or more 
 persons a committee to assess and apportion the sum so 
 voted on the several pews of the meeting-house or church 
 according to the relative size and value of such pews at an 
 equitable rate, of which assessment and apportionment 
 public notice shall be given by putting up the same in some 
 conspicuous place in the meeting-house or church, and also 
 on the door thereof for three successive Sundays on which 
 divine service shall be performed thereat, nest after the 
 Tilaking thereof. 
 
 2. If after such notice the persons interested in any of where assess- 
 the pews shall not pay the sums assessed on such pews pe™s ma/be"^' 
 within three months thereafter, the committee after notice tet^f<"-"ai™i''?ii 
 having been given on the previous Sunday immediately 
 
 after divine service, may proceed to let such pews at auction 
 for such period, not exceeding ten years, as may be sufficient 
 to pay the sums so assessed thereon respectively; or they 
 may, on giving the like notice, let such pews from year to 
 year, until the rate or assessment be fully paid, so that such 
 letting shall not extend beyond the term of ten years. 
 
 3. The persons who shall so lease the pews shall be put Possession, how 
 in possession thereof by the committee, and shall have the foTerabie"' ^^ 
 exclusive occupation thereof during the term of their lease, 
 
 and the committee may sue for and recover the rent. 
 
 4. If the money arising from the leasing of the pews a second as- 
 shall not amount to the assessment thereon, the committee 1,'^^™']?'^. 
 may make a new assessment in the same way as the original oessary. 
 amount is hereby directed to be assessed. 
 
 5. Nothing in this chapter shall extend to any church or Places of wor- 
 chapel belonging to or connected with the church of Eng- ohurch^ of Eng- 
 land, or to any meeting-house belonging solely to the deno- llytnm'ethf-^ 
 mination of christians called Wesleyan methodists. dists excepted. 
 
200 quarantine. [part i. 
 
 Chap. 53. 
 
 TITLE XV. 
 
 OF THE PUBLIC HEALTH. 
 
 CHAPTER 53. 
 
 OF QUARANTINE. 
 
 Qnarautine or- 1. The govemor in coTincfl may from time to time make 
 
 by'the'govCTnor quarantine orders, applicable to vessels, goods, persons, and 
 
 in council. things being within the province or expected hither from 
 
 abroad, and may revoke, vary, or amend the same, and may 
 
 afEx penalties, forfeitures, and punishments for the breach 
 
 thereof, which orders shall be notified by proclamation or be 
 
 published in the royal gazette, and the production of any 
 
 such proclamation or publication shall be evidence of the 
 
 making, date, and contents of such orders. 
 
 thereto amis- 2- Persous disobeying any such orders may be prose- 
 
 additfo'n to any ^^^^^ for a misdemeanor, punishable by fine or imprison- 
 
 forfoiture pre- ment, or both, as the court may direct ; or otherwise such 
 
 persons may be sued for the penalties contained in the 
 
 order. 
 
 CHAPTER 54. 
 
 OP BOARDS OF HEALTH ANO INFECTIOUS DISEASE. 
 
 Sanatory ordera 1. The governor in Council may frem time to time make 
 tJio''govBmo'?in Sanatory orders, and the same revoke, renew, alter, or vary 
 coancu. foj. ^{jg prevention of infectious or contagious diseases, for 
 
 the relief of persons suffering thereunder, and for the inter- 
 ment of persons who may have died thereof, and snch orders 
 may be enforced by penalties therein expressed, not to 
 exceed one hundred pounds for any one offence, and shall 
 be notified by proclamation or be published in the royal 
 gazette, and the production of any such proclamation or 
 publication shall be evidence of the making, date, and con- 
 tents of such order. 
 Health officers 2. The governor in council may appoint persons at the 
 hraitChow'fp- several ports of this province to act as health ofRcers there- 
 pointed ; their foj-^ may establish in any place a board of health for carrying 
 such sanatoiy orders into effect, and may prescribe the 
 daties of such health officer and boards of health, and in 
 case of vacancies may supply the same by new appoint-- 
 ments. 
 
TITLE XV.] BOARDS OP HEALTH. 201 
 
 3. No vessel subject by such sanatory orders to be Chap. 54. 
 examined shall be admitted to entiy inwards at any custom Vessels liabio to 
 house or office of entry until a certificate of such examina- how' entered 
 tion, signed by the health officer, s^iall be exhibited, nor '""^°^^''™'^- 
 shall such vessel be admitted to entry or clearance until the 
 
 master, owner, or consignee shall have first paid to the officer 
 appointed in that behalf all fees and charges authorised by 
 such sanatory orders, to be duly accounted for and paid 
 over as therein directed. 
 
 4. The city council for the city of Halifax, and the courts Health wardem 
 of general or special sessions in other places, may from time u?^r''pow°r'if*' 
 to time appoint health wardens for the several townsliips or and duties, 
 districts who may in the day time enter and examine all 
 
 houses, buildings, and places, and all vessels and boats, and 
 report their condition as required by any sanatory order in 
 that behalf, they shall give directions to health inspectors for 
 cleansing any house, building, place, vessel or boat, and gene- 
 rally for the preservation of public health, the maintenance 
 of cleanliness, and the prevention of contagion and infection. 
 
 5. The wardens, or any two of them, may by order in Their powers to 
 writing cause any house, building, place, vessel or boat, to ordersr"""" 
 be whitewashed, fumigated, or otherwise purified, and may 
 
 cause any thing dangerous to the public health to be removed 
 therefrom or destroyed. 
 
 6. Every violation of this chapter, or disobedience of violation of 
 any sanatory order duly made thereunder, shall be deemed meanor^i penai- 
 a misdemeanor, and every person guilty thereof shall incur *■>"• 
 
 a penaly not exceeding one hundred pounds. 
 
 7. If any health warden, upon being notified of his fen^/jej^ai to 
 appointment, shall refuse to accept the office, or when accept office ; 
 accepted, shall refuse to discharge the duties thereof, or to ISot rduratiSi 
 comply with any sanatory orders to him communicated, he ofappoiitment, 
 shall forfeit five pounds, 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 party be 
 bound to serve oftener than once in four years. 
 
 8. If any infectious plague, disease, or distemper shall Cases of plague 
 have been introduced, or there shall be imminent danger of dInge™'how 
 its introduction into any port or place, the board of health, ^J.^list'^ 
 
 or if there be no board of health, the general sessions, if 
 then sitting, and 'if not, a special sessions of the peace may 
 assemble and make sanatory orders, as occasion may require, 
 with penalties as in the first section above 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. 
 
 9. Any board of health or health wardens, or where none l''" '^ ""^ 
 exist any general or special sessions, may order to be j'' 
 removed from any dwelling house or place, or from any ves- a 
 
 sel or boat approaching near to or within any place or port, [ 
 
202 EABID ANIMALS. [PART .1. 
 
 Chap. 55. any person sick with any contagious or infectious disease, 
 to any hospital, house, or place proper for that purpose ; it 
 being first certified in writing by two or more physicians of 
 the port or place, or if there be but one there resident, then : ? 
 by him, that such removal is necessary for the public health ; , »' 
 — and if any person be sick with infectious or contagious 
 disease in any house or place, and such person cannot in the ' • 
 opinion of such physicians be removed, then the board or 
 health wardens, or justices in session, as the case may be, 
 may cause such house or place, or any contiguous house or , 
 
 place, to be vacated by other occupants for such time as 
 the safety of the inhabitants shall require. 
 Senerai vaooi- 10. The general or any special sessions, consisting of not 
 ier6d°si,ndl)roriess than seven magistrates, on requisition from the board 
 ridedfor. of health, or whenever they think it necessary, may order 
 a general vaccination in any county or any part thereof, 
 and may make orders for providing for the expense of the: "; 
 vaccination of such poor and indigent persons as are unable • ^ 
 to pay therefor. ■ 
 
 Returns of poor H. AH pcrsons who shall vaccinato the po Or and indi- -Ji 
 
 persons vaooi- , , * i ii j. x ii i • j • " 
 
 aatod ; remune- gent, as above, shall return to the grand jury and sessions, 
 ration. along with the particulars of their accounts duly attested to, 
 
 the names and ages of the persons vaccinated", and the date 
 of their vaccination, and such accounts when examined and 
 allowed shaU be assessed for and paid as other county 
 charges are. 
 Fish market 12. Subject to the provisions of this chapter any corpo-i jfw 
 
 iiay be opened. j-q^^Jq^ qj, individual may open a fish market, and sell fish in ' ,, A 
 any part of the province. 
 
 CHAPTER 55. 
 
 OF EABID ANIMALS. 
 
 !es3ions to 1. The justiccs in general or special sessions may from 
 
 frevlnttng^dln'' time to time make orders for the protection of persons from 
 tuinmi" '^^'"^ ^^^ ^^*® °^ *^°S^ °^ other rabid or diseased animals, for the 
 defetruction of all animals, rabid or supposed to be rabid and 
 running at large ; and for the prohibition of the sale of the 
 flesh of any animal affected by the symptoms usually atten- 
 dant on canine madness, or otherwise diseased, and aflSx 
 penalties for the breach thereof, not to exceed ten pounds for 
 any oiie offence. , , . 
 
 Rabid animals 2. Any persou may kill or destroy any dog or other rabid 
 ciiledTi^sus-^ animal found at large, and may secure and place in confine- 
 lonflnod™*^ ^^ ment air dogs or other animals at large and' appearing to be 
 rabid, or exhibiting symptoms of canine madness. 
 
TITLE SV.] NUISANCES. 203 
 
 \ 
 
 C hap. 56. 
 CHAPTER 56. 
 
 OP NU3ANCES. 
 
 1. The general or any special sessions may by order Health inspoot- 
 appoint health inspectors and define the limits of their respec- pointed fSura- 
 tive jurisdictions, and may fix the time, not to exceed one ii^'its^of'^""j|. 
 year, for which such appointment shall be in force ; within aiction. 
 
 the limits of the jurisdiction of commissioners of streets, 
 the commissioners shall exercise such powers instead of 
 the sessions ; all such inspectors shall be sworn into office. 
 
 2. Every board of health, and in places where none court, how con- 
 exist, three or more health wardens, and where neither exist, ^''t"'*'!- 
 
 a general or special session shall constitute a court under 
 this chapter^ and all orders by the court shall be forthwith . 
 executed, notwithstanding any, appeal therefrom. 
 
 3. Health inspectors for the purposes of this chapter Powers of in- 
 shall have charge of all streets, highways, passages, vessels, 
 wharves, docks, wells, markets and market places, common 
 sewers, drains, vaults, privies, and other places, and shall 
 
 cause all nuisances and filth to be removed therefrom or 
 destroyed, and may open and enter all places where noxious 
 substances, dangerous to the public health, may be reason- 
 ably suspected to exist, subject, nevertheless, to the control 
 of the commissioners of streets, if any there be, in all things 
 relating to public streets, sewers, and drains within their 
 jurisdiction, and to the control of the special court in all 
 other matters. 
 
 4. Health inspectors shall execute and enforce all sana- Duties of in- 
 tory orders to them directed under this chapter, or the ^^®*' °'^' 
 •several chapters relating to infectious diseases and rabid 
 animals. 
 
 5. Every health inspector shall be entitled to such Their oompen- 
 
 , ,■' ,. i , . . ni?i ■ sation, and how 
 
 adequate compensation for his services, and lor cnarges in- provided. 
 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. 
 
 6. Every dwelling house within the city of Halifax, or S^fJsald their 
 elsewhere within the limits of a health inspector, shall be """^f^^^^or ^it 
 furnished with a suitable underground drain for carrying off providing, 
 waste water ; also with a suitable privy and underground 
 
 vault attached thereto ; and the owner of such dwelling > 
 
 house who shall ueglect to provide the same shall forfeit 
 a sum not exceeding five pounds. 
 
204 NUISANCES. [PAET I. 
 
 Chap. 56. 7. All privies and vaults shall be built so that the inside 
 
 Privies and shall be at least two feet from the line of the adjoining lot, 
 
 beconsteuoted ''i^less by Consent of the owner thereof in writing, and 
 
 shall be at least two feet distant from every street, lane, 
 
 court, square, public place, or public or private passage 
 
 way. There shall be no communication between a privy 
 
 and any pubhc 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 niay 
 
 give other directions relative to their construction. 
 
 Privies and 8. When any privy or vault shall be reported offensive 
 
 cilansed when ^y 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. 
 
 Privies and 9. No vault Or privy shall be emptied without a permit 
 
 whontobTemp- 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. 
 
 Waste water to 10. All wastc Water shall be conveyed through drains 
 
 as inspector"^ Under grouud to a common sower, or to such reservoir as 
 
 shau appoint, -(^j^g health inspector shall appoint. 
 
 pweUin" n. When it shall appear to the special court that any 
 
 nouses howva- , j. i i iT i • nj. r ±i ± 
 
 oated when , tenement used as a dwelling house is so unfit lor that pur- 
 
 eudingered''* pose that the public health is endangered thereby, the court 
 may make an order in writing for its being vacated within 
 a reasonable time to be therein prescribed ; which order 
 shall be served upon the inmates, or left at such dwelling 
 house, and in case of disobedience thereto, or of a re- 
 occupation of the dwelling house without a permit to that 
 effect, the court may direct a warrant to the sheriff or con- 
 stables, or health inspectors, to enforce compliance with the 
 terms of such order. 
 
 Cellars and™ 12. Whenever it shall appear to the special court, that. 
 
 cSfanse^ ^"^ any Cellars, lots or vacant grounds are in a state likely to 
 endanger the public health, they shall cause .a notice to be 
 given to the owners, or the occupants, if any, and if there 
 are no occupants, and the owners do not reside within the 
 jurisdiction of the court, may give notice by advertisement 
 in one or more public newspapers, if any be there printed, or 
 by posting the same, publicly requiring such owners or 
 occupants to remove such cause of complaint as in such 
 notice prescribed, and in case of neglect the court shall 
 order the same to be removed and double the expense shall 
 be recovered by the health inspectors from the owners or 
 
TITLE XV.] NUISANCES. 205 
 
 , 13. No person unless specially licensed in that behalf Chap. 56. 
 shall put in any place on land or water any offensive matter oSfeiirfTTmat" 
 or thing likely to endanger the public health, under a pen- iuJwin"'''\oi'^ 
 alty not exceeding five pounds for each offence, and if any to i^e removed. 
 person shall suffer any such matter or thing to remain upon 
 his premises after notice in writing requiring him to move 
 the same, the health inspector may remove the same under 
 the direction of the special court and at the charge of tlie 
 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 writine; for the removal, burial, or destruction make orders for 
 of any offensive substance being or likely to become a stvoyini,°offcn- 
 nuisance in any place or in any boat or vessel, and may ^'^^ substaneos. 
 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 aaie 
 possession in a public or private market or any other place o^f^^jjiwiioiesome 
 for the purpose of sale, any unwholesome, stale, or putrid 
 
 article of food, under a penalty not exceeding ten pounds, 
 and the article may be forthwith seized and destroyed by 
 the health inspector. 
 
 46. The board of health or general sessions may make unoieaned fisu 
 orders for prohibiting the introduction into any city or proi,ibUed.°"^ 
 town, and for preventing the sale and the offering for sale 
 of any kind of uncleansed fish, and for prevnting persons 
 from throwing offal into any place likely to be offensive or 
 dangerous to the public health. 
 
 17. Justices in general or special sessions may from time Limits for 
 to time make orders fixing the extent and limits within ani'mais''to°le. 
 which the slaughtering and dressing of animals for food gl^on*^*^ ^^ 
 shall be prohibited or conducted, under penalties not to 
 
 exceed ten pounds for any one offence. 
 
 18. All penalties and expenses incurred under this chap- Penalties how 
 ter shall be recovered in the name of the health inspector, "''"^'^'^'^'i- 
 and if there be none for the place, then in the name of the 
 
 clerk of the peace. In either case such inspector or clerk 
 shall be a competent witness. The proceeds of every 
 prosecution, after first deducting all reasonable charges, 
 shall be paid into the city or county funds. 
 
 19. Any person who shall violate any of the orders ^fofaHo^o/""^ 
 made_under this chapter, or shall obstruct any officer acting orders. 
 
 in discharge of his duty, shall forfeit a sum not exceeding 
 ten pounds. 
 
 20. No action shall be commenced against any person Limitation of 
 for anything done or omitted under this chapter, unless outlons ' ^mm- 
 brought within six months from the date of the offence eouH™iow"oa- 
 charged, and whenever any conviction shall have been duetod. 
 removed into the supreme court at Halifax, or an appeal 
 
 thereto granted, it shall be the duty of the law ofiicers of 
 
206 PHYSIC AND SURGERY. [PART I, 
 
 Chap. 57. the crown to conduct the prosecution or defence, as the 
 
 case may be, on behalf of the public. 
 foid™^^** 21. Any corporation or individual may open a fish 
 
 market in any part of this province, or vend fish therein, 
 
 subject to the provisions of this chapter. 
 
 CHAPTER 57. 
 
 OF REGULATIONS CONCERNING THE PRACTICE OP PHYSIC AND 
 
 SURGERY. 
 
 Persons enti- 1. No person shall rccovcr any fee or reward for curing 
 tlm.^° "'"*'™ or attempting to cure any disease, or for performing any ' 
 surgical operation, who shall not previously have obtained 
 the degree of Doctor of Medicine, or a certificate of his 
 competency to practice as a surgeon from some college or 
 other public institution legally authorized to grant such 
 degree or certificate, or who shall not have received a 
 license under the hand and seal of the governor, after hav- 
 ing been examined and reported duly qualified by competent 
 persons appointed by the governor, which license shall 
 specify that the person so licensed is qualified to practice 
 physic or surgery or both ; but nothing in this chapter shall ,,, 
 extend to physicians or surgeons in the naval or military .:1 
 service of her majesty. ■_'';>, 
 
 Credentials to 2. It shall be incumbent upon every person claiming to ' »^ 
 ^ registered in ^jg ^ physician Or surgeou or to have license to practice as 
 fice. hereinbefore mentioned, to produce and register in the pro- 
 
 vincial secretary's office, in a book to be kept for that pur- 
 pose, the credentials under which he founds his claim to 
 that character, and such book for registry shall be open to ' ,} 
 inspection at all times on payment of one shilling. ' 
 
 AU who have 3. Every person resident in the province and who shall 
 provimr6''pre- have practised therein previously to the year 1821, shall, on 
 entuied'to^il P^'oo^ o^" ^^^^ ^^^^i be entitled to receive a license to prac- ^E 
 cense. tice under the hand and seal of the governor. 
 
 AUprovinoiai 4_ Hereafter all provincial medical appointments and 
 pointmenfs to commissious shall be held only by medical men duly regis- 
 BonriegLtered! tercd Under the provisions of this chapter. 
 Penalty. 5. All persons professing to have medical or surgical - , ■'; 
 
 degrees, or a license to practice, save physicians or surgeons 
 in her majestj'-'s service, and not duly registered agreeably 
 to these provisions, shall forfeit a penalty of five pounds for 
 every such offence, and shall not be entitled to recover any 
 fee or reward for professional services. 
 Certified copy 6. A copy of such Credentials or report certified by the 
 &o"'to be'^r'ecJi- provincial secretary, shall be received in evidence in all 
 vea in evidence, courts in this province in any action for the professional 
 services of the party so registered. 
 
title xvi.] indians. 207 
 
 Chap. 58. 
 
 TITL^ .XYI. ^^^ „^^..^.«y 
 CHAPTER 58. ^ 
 
 OF INDIANS. 
 
 1. The governor in council may appoint one chief com- commissioner 
 missioner for Indian aifairs, and such commissioner may appolrament" • 
 appoint a deputy in each of the counties of this province, °^ 
 
 if he shall consider such appointment essential and neces- 
 sary. 
 
 2. The governor in council may from time to time issue instructions to 
 instructions to the commissioner for his guidance. '^*"®" 
 
 3. The commissioner shall take the supervision and Duties of oom- 
 management of all lands that are now or may hereafter be m'ssioner. 
 set apart as indian reservations or for the use of Indians, 
 
 he shall ascertain and define their bounderies and report 
 to the governor all cases of intrusion, or of the transfer or 
 sale of such lands, or of the use or possession thereof by the 
 Indians, and generally shall protect such lands from en- 
 croachment and alienation, and shall preserve them for the 
 use of the Indians. 
 
 4. Where valuable buildings or improvements have been compromise 
 or may be erected or made on such lands, the governor in who may imve 
 council may make agTcement with the persons who have ^"j^^^^d^"" 
 
 made the same or those claiming under them by compromise . "- A5~^ 
 
 and grants of other lands for the value of lands so improved, ^'^ / 
 
 or otherwise as may be reasonable and just. 
 
 5. In all cases of enroachment upon any such lands, it Encroachments 
 shall be lawful to proceed by information in the name of ted. 
 
 her majesty in the supreme court, notwithstanding the legal 
 title may not be vested in the crown. 
 
 6. The commissioner shall communicate with! the chiefs, f^n"' („ e°^*™°' 
 of the different tribes of the Mic-mac race, and explain missioner. 
 the wishes of the governor, and invite their co-operation 
 
 in the permanent settlement and instruction of their 
 people, and shall parcel out a portion of the reservations 
 to each family, with such limited power of alienation 
 as may be authorized by the governor, and also shall aid 
 them in the purchase of implements and stock with such- 
 assistance as they may deserve, in the erection of a dwell- 
 ing for the chief, a school house and place of worship, and 
 generally shall take such other measures as may seem 
 necessary to carry out the objects of this chapter. 
 
 7. The commissioner may make arrangements with the Education of 
 
 ,, ,1 r "^iT -\ ■ r x^ Indian cliildren 
 
 trustees or teachers oi any schools or academies lor the 
 board and tuition of Indian children desirous of education, 
 the expense to be paid out of the funds at his disposal. 
 
208 TELEGRAPH. [PART L 
 
 Chap. 59. g_ tj^q commissioner may raise subscriptions and apply 
 8?curin™i**'I - ^°^ charitable contributions to secure a permanent fund for 
 manentlrund. the purposes of this chapter. 
 
 Reports of de- 9. The deputy Commissioners shall at the close of evcry 
 SoMrs°their' year furnish the chief commissioner for the information of 
 contents, &o. ^jjg legislature, with reports of their proceedings and an 
 account of their receipts and expenditure, with the names 
 of the chiefs for the time' being, the numbers of heads of 
 families settled and children educated ; and generaEy such 
 other information as may enable the governor and legis- 
 lature to judge of the value and correctness of their pro- 
 ceedings. 
 Apportionment 10. The money annually granted by the legislature for 
 grant.^'°°'°' the benefit of the Indians shall be paid to the chief commis- 
 sioner and shall be by him apportioned among his deputies 
 in proportion to the number of families settled and resident 
 in the several counties, provided that no pecuniary relief 
 shall be given to any Indian, but that the amount so granted 
 shall be expended hy the chief commissioner, or his depu- 
 ties under his directions, in purchasing blankets or neces- 
 sary clothing, and that such articles shall be distributed in 
 such manner and to such extent as may be considered judi- 
 cious and necessary in the several counties. 
 
 TITLE XVII. 
 
 CHAPTER 59. 
 
 OF THE TELEGRAPH. 
 
 Sworn tele- 1. No sworn Operator 4n any electric telegrapji office 
 
 -fr?m°wS'^x- shall be compelled to serveon any jury or inquest, or in 
 empt. ^jjg xnilitia, or as a town or city officer. 
 
TITLE XVIII.] PUBLIC INSTEUCTION. 209 
 
 Chap. 60. 
 
 TITLE XYIII. . ^ ^_^^ (/^ 
 
 ^^- /rr^ aU- ^^ 
 CHAPTER 60. j,..^^?^:^ 
 
 OP PUBLIC INSTRUCTION. 
 
 Part the First. 
 
 1. The govemoi- in council shall appoint a provincial Supermtendant 
 superintendant of education, and for each of the places oners'ofsSJoois, 
 named in schedule A, five or more commissioners of schools ; aoademiesrii'uw 
 and for every academy now or hereafter to be established, appointed; 
 three or more trustees. 
 
 2. School districts shall remain as now established, until School districts 
 
 1, J ' established. 
 
 altered. 
 
 3. The commissioners, except those for the city of Hali- school distdets 
 fax, may form new school districts, and subdivide or alter sions, how'iaid 
 the limits thereof, and of those now established ; and a "^ 
 school district may lie in two counties, and be partially a school district 
 assisted by the commissioners of both counties, and the "unties!" '^^ 
 trustees of the schools in such district shall account to both 
 boards of commissioners, if they receive aid from both, 
 otherwise to the board granting aid, but no subdivision or 
 alteration shall be made until after public notices of the 
 intended subdivision or alteration, to be posted up for ten 
 days at least within the district, and after considering such 
 objections as may be raised by persons interested therein. 
 
 4. Three school trustees shall be elected for each dis- Trustees to be 
 trict by the rateable inhabitants thereof, at public meetings elected. 
 to be called by the commissioners for that purpose, by 
 public notices to be posted up for ten days at least within _ ^~~ 
 the district. .''5»^:^'- ■'^'-■^^ *»»-" s^, /C/** e-^. 5?*^ ^^^^^-^-^ '^'^ 
 
 5. The commissioners shall appoint a clerk, Avho shall ci?rk tote ap- 
 not be engaged in trade, and who shall give bond to her qualifications 
 majesty with two sureties for the performance of his duties, duty an'dleei!'" 
 and he shall keep the accounts, monies, and records of the 
 
 board of commissioners. He shall receive for each license 
 to teachers two shillings and six pence, and five per cent. 
 on the actual disbursements, not to exceed in the whole 
 twenty-five pounds in any one year. 
 
 6. When the inhabitants of any district shall have pro- schools entitled 
 vided one or more sufficient school houses, and the trustees for^'partio^^ 
 shall have engaged by written contract one or more com- aiiSwanoe. " 
 potent teachers for the district, male or feiiiale, at a specific 
 remuneration, to give instruction in reading, writing, and 
 arithmetic, the elements of English grammar and geography, 
 
 for a period not less than three months, the commissioners, 
 upon application of the trustees, shall enter the school on 
 
210 PUBLIC INSTRUCTION. [PAET I. 
 
 Chap. 60. a list, to be kept .by them, for participation in the sums 
 
 allowed for the support of commoii schools. 
 
 ) I exami- 7. The Commissioners shall examine all school teachers, 
 
 o?s'and°the''°''' and grant to such as they consider qualified and of good 
 
 cen°ea.°° °^ ^'' character, licenses to teach within the respective districtSj 
 
 <£^ ^^^e^^iz^and no teacher shall without such license receive any part 
 
 /iTf-a^zj' of the money hereby granted. 
 
 Trustees' ao- 8. The trustees of every school seeking aid hereunder 
 derea^to'obtafn shall render half yearly to the commissioners an account of 
 aUowanee. ^q number, names, sexes, and ages of the scholars, and the 
 average number who have attended since the last return ; 
 the branches in which they have been instructed, the books 
 they have used, their progress in education, the amount and 
 particulars of -the income and expenditure of the school, 
 the amount of the salary of the teacher, and how paid ; and 
 shall certify that the sum to be received from the commis- 
 sioners by the trustees is payable to the teacher for his own 
 use, and that the engagements of the persons applying for 
 such school have been performed, and shall furnish to the 
 commissioners a certificate from the teachers respectively, 
 under oath, that no part of their salary has been collusively 
 withheld, and that the representations and engagements 
 have been made in good faith, and not merely to procure a 
 portion of the allowance under this chapter. 
 Penalty for 9. If a trustee or teacher of any school or academy 
 
 false returns. -^iifuHy render an incorrect account or statement in any 
 return, report, certificate or affidavit, required under this 
 chapter for the purpose of obtaining provincial aid for any 
 school, or for any teacher or trustee, he shall be liable to a 
 penalty of five pounds, to be recovered by the clerk as a 
 private debt, one half to his own use and the other to be 
 paid to the commissioners and added to the school fund. 
 Aasassraents for 10. The trustees of any school district may call a public 
 majorit/agi-^e! meeting of the rateable inhabitants, after written notice by 
 the trustees for at least twenty days in five of the most 
 public places there, and if a majority present agree to raise 
 money for the support of one or more schools by a.ssess- 
 ment, or for the purchase of land whereon to erect school 
 houses, or for the building or repairing them, they shall 
 then appoint three assessors, who shall forthwith assess 
 the amount voted by an even rate upon the inhabitants of 
 such district by an equal pound rate on the real and per- 
 sonal property in their respective occupation or possession 
 within the county, whether the same be or be not in such 
 district, regard being had to the value of the rents of the 
 real estate and the capability of the personal estate to pro- 
 duce profit, and shall return such assessment to the general 
 sessions, or to any special sessions held for that purpose, 
 where appeals shall be heard and determined, and all such 
 rates shall be collected and other proceedings had, in relation 
 thereto as r)rescribed in case of mor ratps. 
 
TITLE SVni.] PUBLIC INSTRUCTION. 211 
 
 11. The sum specified in schedule A shall be granted Chap. 60. 
 towards the support of academies and grammar schools, Xinountofpub- 
 and the further sum specified in schedule B toAvards the yo allowance 
 
 ,„ iij.i_ 1-1 -r- T ■ for academies 
 
 support 01 common schools, to be applied as specmed in and grammar 
 such schedule. 
 
 12. The sums allotted for grammar schools shall be sub- Allowance for 
 divided among not less than two nor more than four schools fouSfhow di- 
 in each county, in such proportions as may be directed by ^"''"'" 
 
 the commissioners, except as may be otherwise provided in 
 schedule A, but no grammar school shall receive less than 
 twenty-five pounds. 
 
 13. The commissioners shall draw ha^lf yearly from the Common school 
 treasury the sums allowed for the places 'respectively, and draTn°and'^ap 
 shall apportion the same for common schools according to portioned, 
 the sums raised by the inhabitants of the; district, ajud the 
 
 number of useful branches of knowledge 'tauglit therein, 
 having regard to the nature, amount, arid qilality of the 
 instruction, and the amount paid by the people towards the 
 -salary of the teachers. The commissioners shall exclude 
 any district from participation in the public grant if the 
 inhabitants have not according to their ability provided and 
 paid for a teacher and kept the school house in repair. 
 Before distributing the common school fund, the commis- 
 sioners shall apply such sum, not exceeding one siyth of the 
 whole fund at their disposal as may be necessary for schools 
 in poor- or thinly peopled settlements, on such terms as they 
 think reasonable. 
 
 14. There shall be always gratuitously taught in every Free scholars to 
 school or academy receiving aid under this chapter, as gchM"! and^ 
 many poor scholars not exceeding eight, as the commission- academies, 
 ers and trustees respectively shall see fit to send. 
 
 15. The commissioners shall return to the governor, on Commissioners 
 or before the thirty first day of December next, a true aiiy to™ie gov- 
 account of the monies received and distributed by them, oouSs.''*'' ''° 
 and a report of their proceedings, with such other returns 
 
 as may be directed by the governor, and shall certify that 
 the same are to the best of their knowledge correci, and 
 that they have distributed the provincial money impartially 
 and faithfully. 
 
 16. Theallowance shall only be paid under the conditions conditions 
 following: — That a good and substantial school house, in "J™anci'"a%a!y- 
 an approved situation, shall be erected and completed to ^°^^- 
 
 the satisfaction of the commissioners ; that a salary not less 
 .than forty pounds a year for the teacher shall be subscribed 
 by the inhabitants and secured to the satisfaction of the 
 commissioners ; that the teacher, before such school shall 
 be admitted on the list of grammar schools, shall be quali- 
 fied, examined and approved as herein mentioned, and shall 
 be competent to teach, in addition to the ordinary branches, 
 algebra and land surveying, and, when the same shall be 
 required by the commissioners, navigation, the classics, agri- 
 14 
 
212 
 
 PUBLIC INSTRUCTION. 
 
 [PART I, 
 
 Chap. 60. 
 
 Grammar 
 schools requir- 
 ed to teacli the 
 higher bran- 
 ches. 
 
 Amount of sa- 
 lary and num- 
 ber of scholars 
 to qualify a 
 grammar school 
 for allowance. 
 
 French, -Ger- 
 man, and Gaelic 
 schools entitled 
 to aid. 
 
 Academies re- 
 quired to teach 
 certain bran- 
 dies. 
 
 Academy bye- 
 laws, how made. 
 
 Heturns by 
 trustees of aca- 
 demy required. 
 
 Examinations 
 of academies 
 and grammar 
 schools. 
 
 Conditions for 
 receiving aca- 
 demy allow- 
 ance. 
 
 cultural chemistry, one or more of the modem languages, 
 and some of the practical branches of the mathematics. 
 
 17. At grammar schools receiving aid under this chap- 
 ter, in addition to reading, writing, arithmetic, geography, 
 English grammar, history, and composition, there shall be 
 taught, when any pupil shall require to be instructed therein, 
 land surveying, navigation, and the mathematics, and 
 whenever it shall be found practical to introduce the same, 
 the classics, one or more of the modern languages, and 
 agricultural chemistry. 
 
 18. No grammar school shall receive any allowance 
 unless the trustees shall have actually received by the con- 
 tribution of the people, and the tuition fees, at least forty 
 pounds per annum towards payment of the teacher, and 
 unless at least twenty scholars shall be regularly taught 
 therein throughout the year, of whom not less than ten 
 shall constantly receive instruction in the above higher 
 branches, or some of them. 
 
 19. Schools wherein the ordinary instruction may wholly 
 or in part be communicated in the French, German, Gaelic, 
 or other languages, shall participate equally in the provin- 
 cial allowance with schools wherein the English language is 
 exclusively used, provided such schools are in other respects 
 entitled to such participation. 
 
 20. At all academies receiving assistance hereunder, 
 instruction shall be given in the classics, agricultural che- 
 mistry, the practical branches of the mathematics, algebra, 
 geography, English grammar, history, and composition, and 
 also in one or more of the modern languages. 
 
 21. The trustees of academies may make bye-laws for 
 the regulation thereof, to be transmitted within a month 
 thereafter to the govei'nor, for his approbation in council, 
 and they shall have no effect until such approbation be sig- 
 nified. 
 
 22. The trustees of academies receiving aid hereunder 
 shall make an accurate return, on or before the thirtieth 
 day of June and thirty-first day of December, in every 
 year, of all sums received anS expended by them, whether 
 from legislative grant or otherwise, with a report of the 
 names and ages of the pupils and the course of instruction 
 and other particulars concerning such academy, its progress 
 and management, in such form as the governor in council 
 may direct. 
 
 23. The trustees of academies and grammar schools recei- 
 ving aid hereunder shall hold public examinations twice in 
 every year, of which examination public notice shall- be given. 
 
 24. No academy shall receive any allowance unless the 
 trustees shall have actually received, by contribution and 
 tuition fees, at least one hundred pounds a year towards 
 the payment of the teacher and the support of the academy, 
 and unless at least twenty-five scholars shall be. constantly 
 
TITLE XVm.] PUBLIC INSTEUCTION. 213 
 
 taught therein through the year, of" whom not less than ten Chap. 60. 
 
 shall regularly receive instruction in the classics, agricul- 
 
 tural chemistry, one or more of the modern languages, the 
 practical branches of the mathematics, algebra, and arith- 
 metic, English grammar, history, geography, composition, 
 and other branches of a higher English education. 
 
 25. The trustees of academies respectively shall be a Trustees of aca- 
 corporate body, and possess the academy and its property rated. ™*""^^°" 
 so far as to prosecute and defend all actions relating thereto, 
 
 and shall be designated " the trustees of the academy." 
 
 26. The superintendant, as often as may be, shall visit superinteud- 
 the different schools, personally inspect their discipline, ''■'^'^ 'i'^*^- 
 inquire into the qualifications of school masters, the books 
 
 in use, and the accuracy of returns and accounts ; and shall 
 make a half yearly report of the general state of education 
 throughout the province. 
 
 27. Meetings shall be held at least once a year at some Meetings to be 
 time and place to be appointed by the superintendant, at ilfitra'ctionTfor 
 which the commissioners for the county or district, and all proceedings, 
 licensed teachers may attend. At such meetings commis- 
 sioners and teachers may discuss the subject of education, 
 
 and oiTer suggestions and move resolutions. The superin- 
 tendant shall preside, and the proceedings of the meetings 
 shall be recorded by the school clerk, who shall furnish the 
 superintendant with a copy of the same, to be appended to 
 the general report. 
 
 '28. A list shall be kept by the clerks of all the licensed Lists of teach- 
 teachers within their jurisdiction, the length of service of of meru*'""""" 
 each being noted, and the most meritorious five having a 
 mark set opposite their names, such distinction to be con- 
 ferred by the superintendant and commissioners, and a copy 
 of such list shall be annually furnished by the clerk to the 
 superintendant for the information of the executive. 
 
 29. The superintendant shall furnish the commissioners, instructions 
 trustees, and teachers, with such necessary information as duty''oi;^ISper- 
 may tend to improve the structure of school houses, their intendant., 
 free ventilation, the embellishment of the grounds on which 
 
 they stand, the supply of the best maps, books, forms of 
 returns, and means of illustration; and generally shall 
 exert himself to encourage the formation of teachers' insti- 
 tutes, to supply destitute districts with teachers, and to 
 establish so far as may be done without undue interference 
 with the functions of the commissioners and trustees, an 
 efficient and uniform system of instruction. 
 
 30. The superintendant may visit all academies drawing Academies to ijo 
 support from the public funds — inspect their discipline and per'nfenSan"'. 
 accounts — offer suggestions for their improvement, and 
 
 report on their state and efficiency for the information of 
 the executive and legislature. 
 
 31. The governor may advance upon the requisition of Amount grant- 
 the superintendant the sum of six hundred pounds to be gdiooi'books?^* 
 
214 PUBLIC INSTETJCTION. [PAET 1, 
 
 Chap. 60. expended in the purchase of improved school books, maps, 
 apparatus, and educational reports, to be distributed 
 amongst the boards of commissioners of the respective coun- 
 ties and districts in the same proportion as the money 
 appropriated for common schools is divided, to be gratu- 
 itously distributed by the commissioners among the poor 
 schools in their respective counties or districts, or otherwise 
 sold at cost price. 
 Amount for _ ■ 32. The govemor may draw from the treasury a sum 
 ^anWi it"^^ not exceeding five hundred pounds, and apply the same in 
 appropriation, proportion to population for the establishment of school 
 libraries in central and suitable places in each county under 
 such regulations as to the governor in council may seem 
 proper, to be under the charge and control of the commis- 
 sioners, and open to the inspection of the superintendant. 
 Catalogues of the books selected shall be returned to the 
 legislature, upon whose vote any book deemed objectionable 
 shall be withdrawn. 
 Salary of super- 33. The Superintendant shall be allowed one hundred 
 eonttngencies?'^ pounds for the contingencies of his office and travelling 
 
 expenses, exclusive of postage. 
 Heal estate 34. Any person may convey or devise real estate to the 
 
 Smmissioncrs^ Commissioners for the place where the lands are situate, and 
 ofsehoou''^^* duly vest in the commissioners and their successors in ofiice 
 the legal estate therein in trust for the purpose of erecting 
 and keeping in repair a school house thereon ; and the com- 
 missioners may sue and be sued in respect thereof, but 
 shall have no control over any school house on such lands 
 as against the trustees of the school district or the inhabi- 
 tants other than may be conferred by the conveyance or 
 devise. 
 *^?s?rltesa*-°"'" ^^' ^^^ c^^rgy and magistrates of each county shall be 
 pointed visitors, visitors of the schools within the same. 
 norto'be''a" ^^- ^^ Commissioner shall during his continuance in 
 t«aoher or ofiice be tcachcr or clerk. 
 
 Superintendant ^^' '^^^ Superintendant, the teachers of academies, and 
 and teachers evcry licensed teacher of schools while employed, shall be 
 certain public exempted from the performance of statute labor on the 
 duttes. highways and from militia duty, from serving in any town 
 
 office or on juries, and from the payment of all rates. 
 
 Limitation of 38. The forgoing sections of this chapter shall continue 
 chapter. ^^ ^^^^^ ^j^j ^1^^ gj.g^ ^^^ ^^ -^^^^ ^^ ^j^g ^^^^ ^^ ^^^ j^^^^ 
 
 one thousand eight hundred and fifty-nine. 
 Schedules. SCHEDULE. 
 
 A. 
 
 The district of Halifax. — Eastern district of (he county 
 
 of Halifax. — Fifty pounds for one or two grammar schools. 
 
 Western district of the county of Halifax. — Fifty pounds 
 
TITLE XVIII.] PUBLIC INSTRUCTION. 215 
 
 GouTvty of iMn&nburg. — One hundred pounds for gram- Chap. 60. 
 mar schools. ' ' 
 
 County of Queens county. — One hundred pounds for two 
 or three grammar schools. 
 
 County of Annapolis. — One hundred pounds for four 
 grammar schools, namely, Annapolis, Bridgetown, Paradise 
 and Nictaux. 
 
 County of Kings county. — One hundred pounds for gram- 
 mar schools. 
 
 County of Pictou. — One hundred pounds for grammar 
 schools, to be divided equally between the townships of 
 Pictou, Egerton, and Maxwelton. 
 
 District comprising the tmvnship of Parrsborough, — and 
 such other portions of the county of Cumberland as are 
 south of a line to be drawn from the south-west corner of 
 Franklin Manor to the centre of Sand Cove, in the Cumber- 
 land bay. — Twenty-five pounds for one grammar school.^j 
 
 District comprising the residue of the county of Cumberland. 
 — Seventy-five pounds for two or three grammar schools. 
 
 County of Colcliester. — One hundred pounds for an aca- 
 demy. 
 
 District of Bawdon and Douglas, in the county of Hants. 
 — Thirty-three pounds six shillings and eight pence for one 
 grammar school. 
 
 District comprising (he residue of the county of Hants. — 
 Sixty-six pounds thirteen shillings and four pence for two 
 grammar schools, one to be situate in Newport and one in 
 the town plot of Windsor. 
 
 District of Clare, in the county of Digby, — Thirty-three 
 pounds six shillings and eight pence for one grammar 
 school. 
 
 District comprising the residue of the county of Digby. — 
 Sixty-six pounds thirteen shillings and four pence for one or 
 two grammar schools. 
 
 District of Yarmouth in the county of Yarmouth. — Sixty- 
 six pounds thirteen shillings and four pence for one or two 
 grammar schools. 
 
 District of Argyle, in the county of Yarmouth. — Thirty- 
 three pounds six shillings and eight pence for one grammar 
 school. 
 
 District of Barrington. — Fifty pounds for one or two 
 grammar schools. 
 
 District of Shelburne. — Fifty pounds for one or two gram- 
 mar schools. 
 
 District of Saint Mary's, in the county of Guysborough. — 
 Thirty-three pounds six shillings and eight pence for one 
 grammar school. 
 
 District of Guysborough. — Sixty-six pounds thirteen shil- 
 lings and four pence for two or three grammar schools. 
 . County of Sydney. — One hundred pounds for grammar 
 schools. 
 
216 PUBLIC mSTHUCTION. [PAET 1. 
 
 Chap. 60. Oounty of Cape Breton. — One hundred pounds for three 
 grammar schools. 
 
 County of Richmond. — The sum of one hundred pounds, 
 per annum shall be set apart and paid annually for the main- 
 tenance of an academy at Arichat, in the county of Rich- 
 mond, in lieu of grammar schools for the county. 
 
 Northern district, county of Inverness, — to commence at 
 Angus Mclsaac's, number one, on the shore, thence to run 
 by the road to Loch Bar, thence by the waters of the lake, 
 western side, to Ainslie Glen, and thence by the main road 
 to the head of the bay, — Thirty-three pounds six shillings 
 and eight pence for one grammar school. 
 
 Southern district of Inverness, — comprising the remainder 
 of the county, — Sixty-six pounds thirteen shillings and four 
 pence for two grammar schools. 
 
 ^- 
 
 aty of Halifaxc. — Seven hundred pounds. 
 
 Eastern district of the county of Halifax. — Three hundred 
 and eighty-nine pounds. 
 
 Western district of the county of Halifax. — Three hundred 
 and eighty-nine pounds. 
 
 County cf Lunenburg. — Six hundred and fifty-two pounds. 
 
 Queen's county. — Three hundred and ninety pounds. 
 
 County of Annapolis. — Six hundred and forty-nine pounds. 
 
 Kind's county. — Six hundred pounds. 
 
 County of Pictou. — One thousand one hundred and twenty- 
 two pounds ; one half to the northern district, composed of 
 the township of Pictou, and the other half to the southern 
 district, composed of the townships of Egerton and Max- 
 welton. 
 
 District of the township of Parrsborough, — as described in 
 the schedule A. — One hundred and eight pounds. 
 
 District comprising the residue of the county of Cumber- 
 land. — Four hundred and thirty-two pounds. 
 
 District of Stirling, in the county of Colchester. — One hun- 
 dred and forty-two pounds. 
 
 District comprising the residue of the county of Colchester. 
 — Four hundred and seventy-nine pounds. 
 
 The district qfHawdon and Douglas, in the county of Hants. 
 — Two hundred and thirty-two pounds. 
 
 District comprising the residue of the county of Hants. — 
 Three hundred and eighty-seven pounds. 
 
 District of Clare, in tJie county of Dighy. — One hundred 
 and seventy-one pounds. 
 
 District comprising the residue of the county of Dighy. — 
 Three hundred and forty-two pounds. 
 
 District of Yarmouth, in the county of Yarmouth. — Two 
 hundred and ninety-four pounds. 
 
 ' District of Argyle, in the county of Yarmouth. — Two \xVi-a.- 
 
 drfid and fiffp.fin nminds. 
 
TITLE XVin.] NORMAL SCHOOL. 217- 
 
 District of Barrington. — One hundred and ninety-five Chap. 60. 
 pounds. 
 
 . District of Skdburne. — One hundred and ninety-five 
 pounds. 
 
 District of Sairvt Mary's, in tJie county of Guysborough, — 
 One hundred and twenty pounds. 
 
 District comprising the remainder of tlie county of Ouys- 
 borough. — Three hundred and two pounds. 
 
 County of Sydney. — Six hundred pounds. 
 
 County of Cape Breton. — Eight hundred and fifty-five 
 pounds. 
 
 County of Richmond. — Four hundred and thirty-three 
 pounds. 
 
 Northern district of Inverness, as described in Schedule A. 
 — Two hundred and fifty-nine pounds. 
 
 Sovihern district of the county of Inverness. — Five hundred 
 and eighteen pounds. 
 
 Part th.e Second- 
 
 NOEMAL SCHOOL. 
 
 Normal school 
 
 39. A normal school for the training of teachers, shall ^^'^^"^^ ^^ " 
 be founded in a central and convenient locality. Bniidingfor, 
 
 40. A building for such purpose, provided with all ratua'"&c.''^''^^ 
 necessary furniture and apparatus, shall be erected under 
 
 the direction of the commissioners appointed by the gover- 
 nor in council, upon a site, and according to plans approved 
 of by the governor and council, and such commissioners cost of. 
 may draw from the treasury, for the cost of the building, 
 with its furnitnre and site, a sum not exceeding one thou- 
 sand pounds. . ^„^^eriSfendent 
 
 41. The teachers of the normal school shall be a prin- &o. 
 cipal appointed by the governor in council, who shall super- 
 intend the normal and model schools, and teach such classes 
 
 as he may deem necessary, and shall also be superintendent f^te^Jentf"'^^'^' 
 of education, and shall receive a salary of three hundred 
 pounds per annum, and two assistants, chosen by the prin- 
 cipal, with the approval of the governor in council, and who Do. of teachers. 
 shall respectively receive salaries of two hundred pounds 
 
 per annum. Allowance to 
 
 42. The superintendent may draw annmlly from the f™ expenses! 
 treasury, a sum not exceeding one hundrea pounds, for 
 expenses of fiiel, repairs, and books for the normal school, 
 
 and the expense of teachers' institutes, the expenditure of . 
 which he shall annually make return of to government. Management. 
 
 43. The school shall be under the management of a 
 board of five directors, appointed by the governor in coun- 
 cil, who shall frame the bye-laws and regulations of the 
 institution, and arrange the length of its terms of instruction. 
 
218 
 
 NORMAL SCHOOL. 
 
 [PART r; 
 
 Chap. 60. 
 
 Soards of oom- 
 niissionera, may 
 send pupils 
 
 Pecuniary as- 
 sistance to pu- 
 pils. 
 
 Ages of pupils 
 
 Ciualification, 
 
 &c. 
 
 Additional pu- 
 pils may be re- 
 ceived condi- 
 tionally. 
 
 Licensed teach- 
 ers to liave ac- 
 cess to Normal 
 school. 
 
 Pupils who do 
 not intend to 
 teach in the 
 province. 
 
 Examination of 
 pupils, certifi- 
 cates, &e. 
 
 Pupils found to 
 he incompetent 
 on examina- 
 tion. 
 
 Pupilswhohave 
 graduated may 
 enter anew. 
 
 Certificate to 
 entitle pupils 
 to a license. 
 
 Bad character. 
 
 Three pftipils 
 may be sent to 
 college, &a. 
 
 44. Each board of commissioners shall have the right 
 of sending to the normal school, at the commencement of 
 any of its terms, one pupil, either male or female, for every 
 one hundred pounds received by the board from the pro- 
 vincial treasury, and if necessary, they shall aid such pupils 
 from the provincial grant at their disposal, in paying their 
 travelling expenses to and from the normal school at the 
 rate of three pence per mile : provided that such pupils 
 shall not be less than sixteen years of age, and of good 
 moral character, and shall have received an ordinary com- 
 mon school education before the commissioners shall give 
 any order or orders for their admission to the school — such 
 pupils shall give to the principal a written pledge that they 
 will teach for at least three years within this province. 
 
 45. The principal of the school may receive an addi- 
 tional number of pupils not- exceeding twenty in any one 
 year, on their being examined by him and giving the neces- 
 sary pledge ; and all licensed teachers shall have free access 
 to the school, either as spectators or regular pupils. 
 Instruction and the use of text books shall be free to all 
 pupils. 
 
 46. The principal may admit pupils not intending to 
 teach in this province, at such rates of fees as he may think 
 proper, such fees to be applied in improving the apparatus 
 of the school ; provided no greater number of such pupils 
 than ten be in attendance on the school at any one time. 
 
 47. All pupils shall be examined by the principal after 
 having attended the school for a term not less than five 
 months, and if competent, shall receive certificates as gradu- 
 ates of the school, — such certificates shall be of three 
 classes, denominated, A. B. and C, according to the capacity 
 of the graduate ; and pupils, who after having studied one 
 year, shall be found incompetent to act as teachers may be 
 dismissed or receive instruction for a second term at the 
 discretion of the principal ; and such graduates as may 
 have received certificates of the class A. or B., may be 
 admitted anew, and after attending for one or more terms 
 shall receiye a certificate of such class as upon examination 
 they shall be found entitled to. 
 
 48. Any person holding a certificate from the principal 
 of the normal school shall be entitled to a license from any 
 board of commissioners unless the holder of such certifi- 
 cate be of ba#moral character, in which case, so soon as 
 the fact of any graduate having contracted immoral habits 
 is made known to the principal, he shall erase the name of 
 such person from his list of graduates. 
 
 49. The principal shall have the power of sending, as 
 free students, to any college or academy receiving provincial 
 aid, graduates of the normal school, who may desire instruc- 
 tion in mathematics and classics, with the view of becoming 
 t.eacher.t! of hia-h schools: nrovided that nnsni^b ins+.it.iit.inii 
 
TITLE XVIII.] NORMAL SCHOOL. 219 
 
 be required to give instruction to more than three such Chap. 60. 
 pupils at any one time. 
 
 50. There shall be an annual public examination of such Annual public 
 school. 
 
 51. The principal of the normal school and his assis- Principal and 
 tants, shall be exempted from the performance of statute empte"dfrom" 
 labor on the highways, — from militia duty, and from serv- I""'® ^"■^°'^' 
 ing in any town office or on juries. 
 
 52. The model schools at Truro in connection with the Model schools 
 normal school, shall be considered as an integral part of "^'^°' 
 such normal school, and shall be under the control, of the 
 commissioners of that institution. 
 
 53. Such model schools shall be recognized by the board To beeonsider- 
 
 r. , , . . r- ii i j> /^ 1 1 J. ed as schools of 
 
 01 school commissioners oi the county ot Colchester the district. 
 proper, as the schools of the district, and shall be entitled 
 to all the rights and immunities appertaining thereto, and 
 the bounds of the district shall be fixed by such school 
 commissioners. 
 
 54. The teachers of the model school shall be chosen in Teachers-how 
 the same manner as the teachers of the normal school, and 
 
 shall be under the same management and control. 
 
 55. The teachers of the primary, juvenile, and high Salary of. 
 schools shall receive respectively fifty pounds, seventy-five 
 pounds, and one hundred pounds per annum ; and the sum source of en- 
 now payable to the academy at Truro, together with a gr-ant •low^^'^*- 
 of twenty-five pounds to be made by the school commis- 
 sioners of the district, and a further sum of one hundred 
 pounds to be drawn annually from the treasury, shall be the 
 
 source from which this endowment is derivable ; and when increase of saia- 
 the fees to be received from scholars attending these schools 
 shall yield a sufficient fund, the salaries above mentioned 
 shall be increased to one hundred pounds, one hundred and 
 fifty pounds, and two hundred pounds respectively ; and the 
 surplus of such fees shall be appropriated towards the 
 general improvement of the model schools, and an account 
 of the expenditure of such surplus shall be rendered annu- 
 ally to the legislature. 
 
 56. The superintendent of education is authorized to Code of rules, 
 draw up a code of rules for the regulation of the model 
 schools, such code of rules to be submitted to the commis- 
 sioners of the normal school and receive their sanction 
 
 before going into operation. 
 
 57. The principal of the normal school shall be empowered Diplomas, 
 henceforth to grant diplomas as well for grammar schools as 
 
 for common schools, and the time of attendance and amount 
 of qualification of every one intending to graduate for a 
 grammar school diploma shall be fixed by the commissioners 
 of the normal school. 
 
 58. The allowance for common schools shall be eleven f^^^^^'^''^^^^^ 
 thousand one hundred and seventy pounds, and shall be — diyjsion of, 
 divided among the various counties and districts, as herein- 
 
 -^efore provided. 
 
220 HIGHWAYS, ETC. [PART I. 
 
 Chap. 61. 59. Where the bounds of any school district are inter- 
 sehooi district sectsd by the lines of educational districts into which any 
 'daoatfinauur. county may be divided, such school district shall be assisted 
 triot which it proportionally by the board of commissioners for each 
 
 educational district by the lines of which the bounds of such 
 
 school district are so intersected. 
 
 maTscho^s°'Tn ^^- ^^'^ ^^°^ °^ "'^^ hundred pounds granted for the 
 Bounty of Cape support of three grammar schools in the county of Cape 
 Breton, may hereafter be applied to the support of two 
 grammar schools only in that county. 
 schoS'^rants ^^' ^^ sums heretofore granted for grammar schools 
 to revert to the and undrawu, shall be carried to the credit of the general 
 nues.™ ^^^^' revenues of the province, and hereafter all grants for gram- 
 mar schools not drawn during the year for which such sums 
 were appropriated, shall revert to the general revenues. 
 
 -^^ ^^ '^'^' TITLE XIX. 
 
 "^ OP HIGHWAYS, STREETS, BRIDGES, PUBLIC LANDINGS 
 
 AND FERRIES. 
 
 CHAPTER 61. 
 
 OP LAYING OUT CERTAIN GREAT ROADS. 
 
 Roads to whieh !• The provisions of this chapter shall extend to the 
 pUes''"'^'^'^ °'^ following roads only, viz : The main post road from Halifax 
 to Pictou, thence to Antigonishe, 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 Antigonishe to Auld's, at the Gut of Canso ; 
 the road from Guysborough to the Gut of Canso ; the road 
 from McMillan's, east side of the Gut of Canso, to Saint 
 Peters, thence by the Bras d'Or to Sydney, and thence to 
 the Sydney mines, Boularderie, Baddeck, Middle River and 
 Margaree, thence to Broad Cove, Port Hood, and McMillan's, 
 at the Gut of Canso ; the road from Arichat to Grandance ; 
 the road from Truro to Amherst, and thence to the boundary 
 of the province ; the road from Truro to River Philip, by 
 Tatamagouche ; the road from Amherst to Parrsborough; 
 the road from Pictou to River Philip, by Wallace ; the road 
 from Halifax to Windsor, thence to Kentville, Annapolis, 
 Digby, Yarmouth, Shelburne, and Liverpool ; the road from 
 Liverpool to Mills Village, thence to Bridgewater and Ma- 
 hone Bay, and thence to Chester and Windsor ; the road 
 from Chester to Halifax by Saint Margaret's Bay ; the road 
 
TITLE XIX.] HIGHWAYS, ETC. 221' 
 
 leading from the Kempt road, in the county of Richmond, Chap. 61. 
 to West Bay, thence by the same road to Saint Peters, " 
 
 thence to Grand River, thence to Louisburg by Saint Es- 
 prit; and the road leading from River John to Amherst, by 
 Pugwash, in the county of Cumberland, following the course 
 of the present telegraph line, and also to the new road 
 leading from the town of Baddeck to the western line of 
 the county of Victoria, and also to the road leading from 
 the town of Digby to Westport. 
 
 2. Commissioners to expend monies for the opening of Private lands 
 
 1 li- 11 1 ■j.i.iii when oroBsed 
 
 new roads or altermg old ones when it shall be necessary by agreement. 
 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 annexed of the road and land through which it is intend- 
 ed to be carried ; and the same shall be laid before the 
 general sessions of the peace for the county or district, or 
 a special sessions ; and if the sessions approve of the agree- 
 ment or portions thereof, they shall return the same with 
 their certificate to the provincial secretary's office, to be 
 laid before the house of assembly, and the house having 
 considered may confirm the agreement, or any portion 
 thereof, in which case the same shall be returned to the 
 provincial secretary's office, and the governor may draw 
 warrants on the receiver general for the amounts which 
 may be confirmed. 
 
 3. Where no agreements shall be made, or any part Mode of proce- 
 thereof shall not be confirmed, one appraiser shall be ap- agreement can 
 pointed by the governor in council, a second by the persons ''«""*<i^- 
 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 man- 
 ner most advantageous to the public and least detrimental 
 to the persons interested in the land,' and measure and mark 
 the same and appraise the lands, taking into account the 
 improvement and assess the damages to the owners and 
 tenants therefor, and for fencing the sides of the road ; which 
 appraisement shall be reduced to writing and accompanied 
 by a plan and admeasurement of the road, shall be returned 
 to the clerk of the peace, to be laid before a general or 
 special sessions; and further proceedings shall be had 
 thereon in conformity with the provisions of the last 
 section. 
 
 4. After any agreement shall have been made or an commwsivmer^ 
 appraisement had under the second or third sections, the Se^ffiy^upon 
 commissioner may enter upon the lands and proceed with afpSmeSt. 
 the road, leaving the compensation to be paid to the pro- 
 
222 
 
 HIGHWAYS, ETC. 
 
 [part I. 
 
 Chap. 61. 
 
 Fences to bo 
 made before 
 compensation. 
 
 Damages from 
 treasury re- 
 stricted to roads 
 in the first sec- 
 tion described. 
 
 Width of road. 
 
 Site of road, 
 when held as 
 surrendered. 
 
 What roads to 
 be under charge 
 of governor in 
 council, viz ; 
 
 Great eastern- 
 road. 
 
 Road from Tru- 
 ro to frontier of 
 NewBrunswick. 
 Eastern shore 
 road. 
 
 New Guysboro' 
 road. 
 
 Southern shore 
 road. 
 
 Great western 
 road. 
 
 To be divided 
 into sections, 
 and supervisors 
 appointed for 
 •ach. 
 
 Supervisors— 
 their authority. 
 
 To expend mo- 
 ney. 
 
 prietor, to be finally determined in the manner in such sec- 
 tions respectively directed. 
 
 5. No payment for fences shall be made under this chap- 
 ter 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- 
 sury for damages on the completion or running out of any 
 new road, or alteration of any old one, other than on the 
 roads specified in this chapter. 
 
 7. The road shall be at least sixty-six feet in width. 
 
 8. When roads have been or shall hereafter be altered 
 without any demand for compensation by the proprietors of 
 land through which the new road runs and for which no 
 compensation shall have been afterwards made, such acqui- 
 escence on the part of the proprietors shall be held a volun- 
 tary surrender to her majesty forever, for a public high- 
 way, of all the land through which the new road passes to 
 the breadth of sixty-six feet. 
 
 9. It shall be lawful for the governor in council to 
 assume the charge and management of the undermentioned 
 great roads, that is to say : 
 
 First. The great road east, from Halifax to Sydnej'', Cape 
 Breton, passing through the counties of Halifax, Colchester, 
 Pictou, 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 Guysboro' road from the point of 
 intersection with great eastern road at Pollock's to dividing 
 line between the counties of Halifax and Guysboro'. 
 
 Fifth. The southern shore road from head of North 
 West Arm to dividing line between the counties of Halifax 
 and Lunenburg. 
 
 Sixth. The great western road, from the city of Halifax 
 to Avon bridge in the county of Hants. 
 
 10. It shall be lawful for the governor in council to lay 
 off the great roads herein mentioned in convenient sections, 
 not exceeding one hundred miles, and to appoint one super- 
 visor for each of the sections so laid off and determined. 
 
 11. Such supervisors when duly commissioned and 
 appointed, shall have the general charge and superinten- 
 dence of the sections of great road which shall be respec- 
 tively entrusted to their care. 
 
 12. The supervisors shall be entrusted with the expendi- 
 
TITLE XIX.] HIGHWAYS, ETC. 223 
 
 for the maintenance, repair, and improvement of such great Chap. 62. 
 roads, the power of the legislature to subdivide and appor- Apportionment 
 tion the great road monies not being impaired by this by legislature,' 
 
 chapter. _ not impaired. 
 
 13. In the expenditure of such monies, and in the mode Modeof expen- 
 of accounting for the same, (except in so far as the law 
 
 may be varied by any order in council which may be here- ' 
 after made and promulgated,) the supervisors shall be 
 guided and bound by the laws of this province, and (except 
 when restrained by any order in council) shall possess and 
 exercise all the powers now by law possessed and exercised 
 by commissioners of highways. 
 
 14. It shall be the duty of such supervisors to furnish Supervisors to 
 annual reports of the state, condition, and requirements of ^™'*'' reports. 
 the sections of roads committed to their charge, with sug- 
 gestions for their improvement, and detailed estimates of the 
 probable cost of the alterations and improvements so 
 suggested. 
 
 15. It shall be lawful for the governor in council to issue. To be governed 
 from time to time, such orders and instructions to the super- governo'r in*"^ 
 visors, as may seem meet, such orders and instructions to ders°to'be''ap°-'^" 
 be laid before the legislature within ten days of the opening proved by logis- 
 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 supervisors- 
 appointed under this act, shall in no case exceed the amount ted. 
 
 of commissions which is now by law given to commission- 
 ers 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. 
 
 17. All road work shall be done by tender and contract. Road work— 
 except where the expenditure of the money by days' work day's^iabo"*^ 
 may be more advantageous to the public, and so testified to 
 
 by the supervisor. 
 
 CHAPTER 62. 
 
 OP LAYING OUT ROADS OTHER THAN CERTAIN GREAT ROADS. 
 
 1. The provisions of this chapter shall be applicable to Roads towwoh 
 roads other than those mentioned in the last chapter. appUes!''' °' 
 
 2. Twenty or more freeholders of the county may peti- Mode of laying 
 tion the sessions for the making of a new road or alteration aUerfng obi 
 of an old one, and the sessions, if satisfied of the propriety ''°*'^^- 
 thereof, shall order a precept to' be directed to three disin- 
 terested freeholders resident within the county, directing 
 
 them within a convenient time to examine into the propriety 
 
224 HIGHWAYS, ETC. [PART I. 
 
 Chap. 62. of the desired new road or alteration ; and if they shall be 
 satisfied thereof, then to lay out and mark the same in the 
 way most advantageous to the public and least prejudicial 
 to the proprietors of lands through which the road may 
 pass, and the freeholders, if satisfied of its propriety, shall 
 ascertain the length of the new road or alteration, and 
 taking into consideration the distance which it may run 
 through the lands of different parties, and the nature of the 
 -soil and the improvements, and the fencing which will be 
 rendered necessary, shall make an appraisement of the 
 damages to be paid to each person through whose lands the 
 road will run, specifying separately the damage to soil, and 
 for improvements, and for fencing, and shall make return of 
 their proceedings to the clerk of the peace,, who shall file 
 the same and forthwith post notices, containing the sub- 
 stance of such return, in at least six places of public resort 
 in the county, and also near the contemplated new road or 
 alteration, for the space of thirty days previous to the next 
 sessions, 
 seasiong to con- 3. At the uext scssions the proceedings shall be con- 
 ;;> prooeedlnga!"" sidered, and objections, if any, heard thereto ; and the 
 sessions shall confirm or disallow the proceedings, and, if 
 confirmed,, they shall be recorded. 
 Special sessions 4. In counties where there shall be only one general 
 ^waiaersiona sessions in the year, a special sessions shall have all the 
 year"''' °°°'' * powcrs of a general sessions, subject to the like approvaL 
 Appeaifromthe 5. Any persou who may have objected to the proceed- 
 s'ions.'""' °^ ^^^' ing^j ^^J appeal from the decision of the sessions, in which 
 
 case a precept shall be by the clerk of the peace directed l 
 to the sheriff" or his deputy, who shall thereupon summon 
 and swear a jury out of the adjoining townships, who shall 
 lay out the road or alteration, and make an appraisement in 
 manner hereinbefore prescribed; and the sheriff, or his 
 deputy, shall return the same under his hand, and the hands 
 of the jurors, to the then next sessions, when the same shall 
 be confirmed and recorded ; but no appeal shall be allowed 
 until the appellant shall give bond to her majesty, with two 
 sureties in a sum to be ordered by the sessions, upon con- 
 dition that if the jury who may be summoned to lay out or 
 alter the road shall confirm the return of the freeholders, ;j;^ 
 or shall not give greater damages to the appellant by one- 
 sixth more than was allowed by the return of the free- 
 holders, into all which the jury are hereby empowered to 
 inquire, then the appellant shall pay the expenses consequent ''y^ 
 on the appeal, to be taxed by the sessions. * i3 
 
 Fines for non 6. If a juror shall not attend and perform the duties 
 fuJymeu!°° "^ required by this chapter when summoned, he shall forfeit 
 
 twenty shillings. 
 Value of old 7. The freeholders in making their appraisement in case 
 a°iowo™ ta ap of alteration of a road, may apportion the old road or parts 
 
■TITLE SIX.] HIGHWAYS, ETC. 225 
 
 runs, and put a value thereon as compensation in whole or Chap. 62. 
 
 in part for the land taken for the alteration, and shallinclude 
 
 the same in their return; but the land so apportioned must 
 run through or adjoin the land of the proprietor to whom 
 it is apportioned, 
 
 8. When the proceedings shall be finally confirmed the ow road to be 
 land apportioned under the last section shall become the orderTfSoM 
 absolute property in fee of the person to whom the same 
 
 shall have been allotted, but it shall not be shut up oj 
 the pubhc excluded from the free use thereof until closed 
 by order of sessions, under the law in reference to the 
 closing of old roads. 
 
 9. The damages appraised and expenses incurred shall Damages and 
 
 p _L 1 ^ expensestobea 
 
 iorm a county cnarge. county charge. 
 
 10. The roads hereinbefore referred to shall be laid out width of roads, 
 sixty-six feet in width. 
 
 11. The freeholders appointed under this chapter to lay New road, &o., 
 out any new road, or alter any old one, may lay out the ^"^^"^ °^' 
 same of a less width than sixty-six feet, as prescribed by 
 
 the last section, but not of a less width than fifty feet, if 
 they shall consider such less width sufficient for the public 
 convenience ; and the sessions may confirm or disallow the 
 same. 
 
 12. In case of confirmation, the proprietors of the land Compensation 
 shall be entitled to receive compensation for fencing, on whe™madl!'^''' 
 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 section sixteen of this chapter. 
 
 13. Where roads have been, or shall hereafter be, altered sites of roads, 
 without any demand for compensation made by proprietors ^'l-?endered°^ 
 of land through which the new road runs, and for which no 
 compensation shaU'have been afterwards made, 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 
 breadth of sixty-six feet. 
 
 14. The sessions upon application, may order two sur- Open and pent 
 veyors of highways to lay out a private way, either open or 1°^^^' "^"^ ^"'"^ 
 pent, and the surveyor may agree with the proprietors of 
 
 ' land through which the same runs as to the damages, or * 
 
 otherwise the sessions shall direct a -jury to be summoned, 
 who shall appraise the damages in manner hereinbefore 
 prescribed ; the amount of damages in either case, with 
 the expenses incurred shall be included in the next poor-rate 
 of the place where the road runs, and when collected shall 
 be paid to the clerk of the peace for the -parties entitled 
 thereto. 
 
 15. The sessions may direct gates and bars to be placed Gates and bars 
 
 , , •' , ° 1 ,. J ■ ii on private ways 
 
 on private ways, and make regulations respecting the by order of ses- 
 placing and keeping thereof j and persons guilty of a breach ^'™^' 
 
226 HIGHWAYS, ETC. [PART I. 
 
 Chap. 62. of the regulations shall for every offence forfeit not less 
 
 than five nor more than forty shillings. 
 Fences to be 16. No Compensation for fencing shall be made under 
 compensation, 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 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. 
 Public landing, 17. A public landing upon the shore of any navigable 
 making of. -^yater, may be established or altered by the same means, 
 and in the sarde 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. 
 Land included, 18. Any public landing laid off or established under this 
 what quantity. qI^^^^qj. jjja,y include SO much land as, in the opinion of the 
 committee may be sufficient for the purposes of such land- 
 ing, not to exceed in all one acre. 
 
 And whereas it is expedient that engagements in aid 
 of public roads, and other undertakings should be en- 
 forced : 
 Persona sub- 19. Whenever any subscription shall be opened and 
 money," icf, in made in aid of the erection of any road, bridge, place of 
 uadeita^"ingsto "^orship, school house, or for any other undertaking of pub- 
 be held legally lie utility. Or which may be designated in the subscription 
 list as, or appears to be, a public undertaking, and such 
 undertaking shall be commenced, every person who may 
 have engaged by written subscription, to contribute money, ■ 
 labor or other aid towards the undertaking, shall be held >* 
 legally liable, and bound to perform his engagements, not- 
 withstanding any apparant want of consideration in the 
 agreement for the same. . ,*■ 
 
 Subscriptions— 20. In case of public grants made in aid of such under- i^ 
 ibie '^'^°°^'®'^^' taking, the commissioner or other person appointed to 
 expend such grant, or where no public grant shall be made, 
 then the person to whom the performance or superinten- 
 dence of such undertaking may have been entrusted, or the 
 person who may himself have engaged in, and be then car- 
 rying on such undertaking, may require all persons who 
 may have so subscribed to perform their engagements ; • 
 and in case any subscriber shall, after a written notice of at 
 least one month, refuse or neglect so to do, he may be sued 
 by such commissioner or other person hereinbefore men- 
 tioned, or the person to whom such subscription may be 
 payable, as if such subscription were a private debt of the 
 like amount ; but nothing in this chapter shall be construed 
 to bind or make liable the estate of the executors or admi- 
 nistrators of any subscriber, unless they shall be specially A 
 namfifl in thp, instrument subscrihsd bv him. 
 
TITLE XIX.] SURVEYORS HIGHWAYS — HIGHWAY LABOR. 227 
 
 21. All monies or other aid so sixbscribed and recovered, Chap. 63. 
 shall be applied and expended for the purpose for which the Moniea-appiC 
 same shall have been so subscribed, and for no other pur- <"'''i"° op- 
 pose whatever ; but nothing in this chapter shall apply to Operation— not 
 any subscription made or entered into before the thirty-first '''^''^°^i'™'"'^- 
 day of March one thousand eight hundred and fifty-three. 
 
 CHAPTER 63. 
 
 OE SURVEYORS OP HIGHWAYS AND HIGHWAY LABOR, EXCEPT A,^, .^^ '-^;' ,,, 
 
 IN HALIFAX. -' .- J 
 
 1. The provisions of this chapter shall not extend to the excepted 
 city of Halifax. ?hlp'tf?°"""" 
 
 2.* The districts as now established for the performance Road districts 
 of statute labor on the roads are confirmed. conftrmed!''^'^ 
 
 3. The sessions may erect new districts, or alter the Districts, how 
 
 T "i. r ii- J. 1 T I, J altered; neiv ■ 
 
 nmits 01 those established. ones how estab- 
 
 4. Persons over sixteen and under sixty years of age, I'^^ed, 
 being able to do a reasonable day's work for themselves, or to^'perform 
 being freeholders able to pay the commutation, or hire the and the amount. 
 labor in this chapter prescribed, without injury to their 
 families, and not being military persons, or holding commis- 
 sions from her majesty in the military or civil department 
 
 . of the army, nor clergymen, nor ordained ministers, nor 
 teachers of academies or grammar schools, nor licensed 
 schoolmasters, shall annually perform upon the highways 
 the number of days labor following, by themselves or sufli- 
 cient substitutes to be approved by the surveyor of high- 
 ways or commissioners of streets, and provided with the 
 tools by him or them directed, viz: 
 
 Every person above twenty-one years and under sixty 
 years of age being a householder and the owner or pos- 
 sessor of real or personal estate, and not being a hired ser- 
 vant, journeyman or day laborer, nor residing with his 
 parents, shall perform six days' labor. 
 
 Every person above twenty one years of age, being a 
 hired servant, journeyman or day laborer, shall perform two 
 days' labor ; masters of vessels and hired seamen, not being 
 freeholders to be considered as hired servants. 
 
 Every person above twenty-one years of age residing 
 with his parents shall perform three days' labor. _ ^ 
 
 Every person above twenty one, and under sixty years 
 of age, not being a householder, hired servant, journeyman .^^^^^ 
 
 or day laborer, nor residing with his parents, shall perform ■ 
 four days' labor. 
 
 Every minor and apprentice, above sixteen and under 
 twenty-one years of age, shall perform two days' labor.. 
 
 is 
 
228 HIGHWAYS, ETC- [PART I. 
 
 Chap. 63. 5. In addition to the labor in the last section mentioned, 
 Labor of horses Gvery such person over twentj^-one and under sixty years 
 and teams. of age, owning Working oxen, or saddle or draught horses 
 / '■'l, v/ „40r mules shall perform one day's labor for every working 
 ,. 7 .. V. ox, and every saddle or draught horse, or mule ; but no person 
 shall be liable to perform more than four days labor, on ac- 
 count of any number of oxen, horses, or mules by him owned. 
 Oxen pastured. 6. Persons usually owning working oxen, or a working 
 ox, and pasturing the same shall not be relieved from statute 
 labor in respect of such ox or oxen, unless such ox or oxen 
 shall have been out of their possession bona fide for two 
 months previously to the time for performing such labor. 
 Finefornegieot- - 7. Every such person so owning any such working oxen, 
 teams ^lo5 draught horses or mules, shall, when required by the sur- 
 veyor or commissioners, send such oxen or ox or horses or 
 mules, properly yoked and harnessed, to labor upon the 
 highways under a penalty of three shillings and six pence 
 a day for every such pair of oxen, or ox, or horse oi*mule 
 respectively, and for every pair of oxen and every horse or 
 mule so sent to labor, or the penalty therefor paid, every 
 such person shall be allowed one day's labor. 
 Persons above 8. Every person above sixty years of age, being a house- 
 harmneams, holder and owniug working oxen or draught horses or 
 required to send mulcs, shall, whcu notified. Send to labor upon the roads a 
 pair of oxen or ox, or one draught horse or mule, at the 
 option of the surveyor or commissioners, properly har- 
 nessed, for four days, or, at the option of the person, such 
 pair of oxen or ox, or draught horse or mule, with a driver, 
 for two days ; and every such person so notified who shall 
 not send the same shall forfeit for every day's omission three 
 shillings and six pence for the pair of oxen or draught horse 
 or mule, and six shillings for the pair of oxen or draught 
 horse or mule with a driver, to be commuted or sued for 
 and recovered in manner as hereinafter directed as respects 
 claims for non-performance of days' labor. 
 Truck or wag- 9. When any person owning oxen or draught horses or 
 partyown^suchf mules,, shall be so required to send any such oxen or horses 
 or mules, such person shall also, if required by the surveyor 
 or commissioners, send therewith a cart, truck, or waggon 
 if he shall own one, which the surveyor or commissioners 
 consider fit, and in case of neglect shall forfeit two shillings 
 for every day. 
 A day's work 10. A day, when mentioned in this chapter, shall mean 
 workiSlhours. eight Working hours. 
 
 Li8ts,howmade H- The Surveyors and commissioners shall make out 
 •"'■ lists of persons liable to perform highway labor, whether 
 
 by themselves or in respect of owning oxen, horses, or 
 mules, and shall be responsible for the correctness thereof; 
 Persons, how 12. The surveyors and commissioners shall cause to be 
 mened ; season Summoned the persons contained in their lists to labor upon 
 roads.''*'"''^ the highways at the most seasonable time, between the first 
 
TITLE XIX.] HIGHWAYS, ETC. 229 
 
 day of June and the first day of September in every year, Chap. (33. 
 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 and commissioners shall attend 
 and oversee the persons so summoned to labor in making 
 and repairing the highways and bridges in the most useful 
 manner during the number of days required by this chapter 
 for each person to labor, and the surveyors and commis- 
 sioners shall be excused from any other service upon the 
 highways than that of overseeing the persons employed 
 thereon. 
 
 13. In the following counties instead of the time pre- Certain ooun- 
 scribed in the last section, the labor shall be performed and "Sis ' 
 withijs the times following in every year, viz : in the counties ^i"="''""i- 
 
 of Tarmouth, Shelburne, Queen's and Lunenburg, between 
 the fifteenth day of May and the fifteenth day of September ; 
 in the county of Cape Breton between the first day of June 
 and the fifteenth day of October, and in the county of 
 Richmond between the first day of May and the fifteenth 
 •day of October. 
 
 14. Every person liable to perform labor under this Absent. persoBs 
 chapter who has been duly notified but who may have left tam." 
 
 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 commuta- 
 tion therefor as hereinafter prescribed, or shall not adduce 
 satisfactory proof of his having performed or so commuted, 
 or otherwise paid for his statute labor in some other dis- 
 trict, shall if he shall return to his usual place of abode 
 within the year, pay three shillings for every day's labor to 
 which he was liable. 
 
 15. In case a highway shall become obstructed, or a obstruction of 
 bi-idge broken down or carried away, or the road rendered ™affrom unfur 
 impassable by any unforseen cause except by the falling or ' 
 drifting of snow, the surveyors of highways or commis- 
 sioners of streets, under the direction of two justices of the 
 peace, shall notify such persons within the district as may 
 be deemed necessary, to attend immediately either by them- 
 selves or with their teams as may be considered advisable 
 to remove the obstructions or make such repairs upon the 
 high.way or bridge, as may be by the justices considered 
 absolutely necessary to render the same passable ; and every 
 person so attending and laboring shall be allowed for the 
 labor by a reduction of the like number of days from the 
 labor to be by him performed under this chapter either for 
 that or the subsequent year, as the same may occur, before 
 
 . seen cautics. 
 
230 
 
 HIGHWAYS, ETC, 
 
 [PAET L 
 
 Ohap. 63. 
 
 Commutation 
 of labor. 
 
 Fines for non- 
 attendance. 
 
 Relief to poor 
 persons. 
 
 Persons resi- 
 ding' on islands 
 
 Sessions may 
 order labor on 
 particular 
 roads. 
 
 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 
 person duly notified to attend and labor under this section 
 who shall neglect so to do, shall be liable to the same forfei- 
 tures 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. 
 
 16. If any person liable to perform labor hereunder 
 shall prefer paying money to doing the labor, he may at. or 
 before the day on which he shall be notified to attend and 
 labor, pay to the surveyor or commissioners a commutation 
 for the whole labor to be by him performed, but not for any 
 part thereof, at the rate^of three shillings for every day's 
 labor, to which he may be liable for the current year ; and 
 if any person so offering commutation shall be sued for not 
 performing his labor, on proof of the tender of the commu- 
 tation, and on the same being paid at or before the trial the 
 plaintiff shall be nonsuited ; and the commutation for the 
 labor of an ox, shall be half that of a pair of oxen. 
 
 17. Every person duly notified who shall not labor 
 agreeably'' to the notice, or tender the commutation therefor 
 as in the last section directed, shall forfeit three shillings 
 for every day's labor to be by him performed. 
 
 18. * Two justices of the peace for the county may, by a 
 certificate under their hands, relieve any person from a por- 
 tion of his labor hereunder, if they shall be satisfied from 
 his circumstances and situation in life he is really entitled 
 to such relief. 
 
 19. No person residing upon an island whereon there 
 are any highways upon which the performance of labor 
 under this chapter may be enforced, shall be obliged to 
 work or furnish any labor hereunder upon the maiil Iknd, 
 or be liable to any penalty for not so doing, but every per- 
 son so residing upon an island and liable to perform labor 
 under this chapter, shall perform the same upon some high- 
 way or bridge on the island ; and where the island shall 
 be connected Avith the main land by a causeway or bridge, 
 such portion of the labor as may be required to keep the 
 causeway or bridge in repair, or to rebuild the same, shall be 
 performed thereon. 
 
 20. The sessions maj' grant permission in wi'iting to 
 persons to perform their labor upon such roads as they shall 
 direct, and the faithful performance by such persons of the 
 labor as directed by the sessions shall be held to be the per- 
 formance of their ordinary highway labor under this chap- 
 ter, but they shall within one week after the performance 
 of the labor, obtain from the surveyor or commissioners for 
 the district, who, if the labor has been faithfully performed, 
 are hereby required to grant the same, a certificate of the 
 due performance thereof; which permission and certificate 
 
■HTLE XIX.] HIGHWAYS, ETC. 231 
 
 shall be a bar to any action brought against any such per- Chap. 63. 
 son for non-performance of his ordinary highway labor 
 under this chapter. 
 
 21. No surveyor shall alter any highway without the Highway not to 
 consent of two justices of the peace for the county, although ouf thToonsent 
 the owner of the land required for the alteration may assent of two justices. 
 thereto. 
 
 22. The survej^ors and commissioners shall, as often as winter labor, 
 they shall deem necessary during the winter, order the 
 inhabitants to work with their shovels, horses, oxen and 
 
 sleds upon the highways, in order that the same may be 
 rendered passable, and every inhabitant not complying with 
 the order shall, for every omission, forfeit five shillings ; but 
 no person shall be obliged to furnish more than one 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. 
 
 23. Every surveyor shall, annually, on or before the first fieturns of sur 
 day of the sessions which sliall happen next after the time mlie! ^"^ 
 herein limited for the performance of highway labor, make 
 
 a true and faithful return in writing, under his hand, to the 
 clerk of the peace, of the labor performed under his direc- 
 tions, designating the names of the persons and the labor 
 performed by each, and shewing the commutations and fines 
 by him received and the expenditure thereof, and the 
 amount of monies then in his hands, and which latter he shall 
 at the same time pay over to the clerk of the peace, to be 
 expended under the direction of the sessions upon the roads. 
 
 24. Two justices of the peace for the county, on a state- Remission of 
 ment under oath (see appendix A) of persons applying for statute lator. 
 remission of statute labor, may, by a certificate endorsed 
 
 on such statement, (see appendix B) remit such part of the 
 statute labor as, in their opinion, the applicant may be 
 entitled to ; and such statement so endorsed, shall be 
 returned by the surveyor to« the clerk of the peace and be 
 by him laid before the sessions. 
 
 25. Absent persons shall be notified after the return Notification of 
 required by section fourteen. absent persons. 
 
 26. Each surveyor of highways, after six days' ^.ttend- Surreyors of 
 aiice, shall be entitled to retain four shilliiigs per day out ment^oY"' '^*^' 
 of any statute labor money he may have in his hands, or be 
 credited therefor the following year. 
 
 27. Each surveyor who shall, by neglect or misconduct. Loss of statute 
 cause the loss of any statute labor, shall be liable to pay n^e'gieotj'p'enai- 
 double the amount of such statute labor, to be recovered *y ^'"^■ 
 
 as debts of that amount are now 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. 
 
 28. All fines and forfeitures incurred by minors under Heoover-- 
 this chapter may be recovered from the parents, masters, or b"^" 
 
232 COMMISSIONERS STREETS. [PART I. 
 
 Chap. 64. 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 section. 
 Fines, how re- 29. Forfeitures, except under the fourth and fifth sections 
 pro^-iS'"'' of this chapter, shall he sued for and recovered by the- 
 surveyor or commissioners by their name of office, as sur- 
 veyor of highways or commissioners of streets for the place 
 for which they have been appointed, or in the individual 
 names of them, or any of them, or by and in the name of any 
 person who will sue therefor, and in any case in the same 
 manner and with the like, costs as if they were private 
 debts ; and, when recovered, shall be applied by the sur- 
 veyor or commissioners to the repair of the highways. 
 
 APPENDIX. 
 
 A. 
 
 I, A. B., do swear that I am of the age of years,, 
 
 [here insert ivitJi en without a. family,'] am sick or infirm — 
 
 own real estate of the value of , and personal estate 
 
 of the value of . So help me God. 
 
 B. 
 
 We, , and , —justices of the peace for 
 
 -, hereby authorize the remittal of days' statute 
 
 labor to the within named ■ 
 
 CHAPTER 64. 
 
 OF COMMISSIONERS OF STREETS. 
 
 jurMietion of 1. The jurisdiction of the commissioners shall be con- 
 dXeii."''""''- fined to the limits following, that is to say: 
 
 FOR MAITLAND. 
 
 From Richard Anthony's east line to the Five Mile River, 
 and along the Kennetcook road to R,ocky brook. 
 
 FOR WINDSOR. 
 
 To such parts of the town as extend from Smith's island 
 to the northward and eastward as far as the bridge over the 
 Trecothick creek, on the main road leading out of the town 
 of Windsor, as far as the church, and on the southward and 
 
TrtLB XIX.] COMMISSIONERS STREETS. 233 
 
 FOR BRIDGETOWN. ChAP. 64. 
 
 Within the bounds following, that is to say : beginning at 
 the western boundary line of the late William Ruffee, one 
 half a mile to the northward of the Granville main road as 
 now situate, thence westwardly until it meets the eastern 
 boundary line of the late Henry Troop, thence southwardly 
 until it meets the Annapolis river, thence by the course of 
 the river to the western line of William Ruffee, thence 
 northwardly the course of that line to the bound first 
 mentioned. 
 
 FOR ANNAPOLIS ROYAL. 
 
 To such parts of the town as extend eastwardly to the 
 intersection of the main road to Halifax, by the old road 
 leading to the Dalhousie settlement, southwardly to the 
 ■ General's bridge, westwardly to Allen's creek, and north- 
 wardly to Hog Island, including the same. 
 
 FOR DIGBY. 
 
 To all the roads and streets which are comprehended 
 within a circuit of two miles extending from the court house 
 in the town of Digby in every direction. 
 
 FOR LIVERPOOL. 
 
 To such parts thereof as extend from Fort Point by the 
 western side of Liverpool harbor to the bridge crossing the 
 main road leading to the falls near More's tan-yard, thence 
 south-west one mile, thence south-east one mile, thence 
 north-east until it strikes the harbor of Liverpool, and 
 thence by the harbor to Port Point. 
 
 FOR HILTON. 
 
 •^ Beginning on the eastern side of Liverpool river at a |^ 
 
 bridge called Salmon Island Bridge, thence running at right 
 angles to the river eastwardly half a mile, thence northward- 
 ly parallel to the river until it comes opposite to Thomas 
 Etherington'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, jnr., includ- 
 ing 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 Eiver bridge. 
 
 FOR PORT MEDWAY. 
 
 From the Western Head to South West Cove, and extend- 
 ing back from the river one mile. 
 
234 commissioners streets. [part 1. 
 
 Chap. 64. foe lunenbueg. 
 
 Within such parts of the town as extend eastward to the 
 southwest 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. 
 
 FOE CHESTER. 
 
 To the town plot. 
 
 FOR DARTMOUTH. 
 
 Within the distance of one mile, measured in a south- 
 wardly, eastwardly and nortwardly direction, from the pub- 
 lic landing or steamboat company's wharf. 
 
 FOR PICTOTJ. 
 
 On the west, by the west side of the Town Gut, on the 
 east, by the west side line of the farm lately occupied by 
 the late David Lowden, on the south by the harbor of 
 Pictou; and on the north, to the rear line of the original lots 
 laid out and fronting the harbor. 
 
 FOR NEW GLASGOW. 
 
 To such part as is comprehended within the bounds fol- 
 lowing, that is to say : — To be bounded on the south by a 
 line running on the south line of the property of the widow 
 of Alexander Praser, deceased, and extending eastwardly and 
 westwardly to the east and west lines and boundaries herein- 
 after mentioned; on the north by a hne running on the north 
 line of the property of John Rose, and extending eastwardly 
 and westwardly as hereinbefore mentioned ; on the east by a 
 linei running on the front line of Edward Graham's house, 
 and extending northwardly and southwardly to the north 
 and south lines hereinbefore mentioned, in a parallel course 
 with the river ; and on the west by the road leading from 
 the Albion mines to the point. 
 
 FOE GUYSBOEOUGH. 
 
 To the town plot. 
 
 FOE SYDNEY. 
 
 To the peninsula of Sydney, extending to the southward 
 and eastward to Fresh Water River Creek, the old Saint 
 Peter's road, and thence in an eastwardly direction to 
 Copitt's mill brook, and thence to be bounded by the brook 
 until it meets the waters of Malony's creek. 
 
 FOE TEURO. 
 
 To the village of Truro, in the county of Colchester, 
 
missioners. 
 
 TITLE XIX.] COMMISSIONERS STREETS. 235 
 
 tween Truro and Onslow ; west by a line at right angles Chap. 64. 
 
 thereto, passing by the presbyterian meeting house, so as 
 
 to include the road from the presbyterian meeting house to 
 
 the board landing ; south by a line parallel with the first 
 
 line, and to run one mile south of the court house, and 
 
 e^st by a line parallel with the west line, and to run along 
 
 the east line of the lane called David Fulton's lane, so as to 
 
 include William Eaton's lane — the east boundary line to 
 
 extend northwardly the corner of said lane to the Onslow 
 
 town line. 
 
 FOR NEW CALEDONIA. 
 
 From Jacob Sturk's west line, west to William M. Weather- 
 spoon's west line, bounded south by the Annapolis river, 
 and running north half a mile from the main road. 
 
 2. The subsequent provisions of this chapter shall ex- Seotions ap^ii- 
 tend to the city of Halifax, and the commissioners of streets ef Halifax! ""^ 
 therein, unless where specifically excepted. 
 
 3. The commissioners shall appoint a clerk and receiver cierkandreeei- 
 of moneys, and subdivide their districts and assign a part luMmmS of ' 
 to each commissioner. districts. 
 
 4. The commissioners shall remove all incumbrances Duties of com 
 upon the streets, prevent encroachments thereon, make 
 repairs, alterations and improvements therein as required ; 
 open and make new streets when authorized, make and 
 
 repair bridges, and cause to be observed the laws touching 
 the streets and bridges, or the work to be performed thereon : 
 and especially shall call out, sue for, levy and receive from 
 the inhabitants liable to perform highwaj'' labor, the monies, 
 services, highway work and penalties, and composition 
 therefor, due, payable, or to be performed by them ; and 
 shall prosecute for offences committed against the laws 
 relating to highways, and sue persons holding monies 
 appropriated to the repair of the streets, or not paying any 
 penalty appropriated thereto. 
 
 5. The commissioners shall keep an exact account ofAoconntsof 
 monies redeived by them, and services performed under <""''™ssioners. 
 their direction ; and shall, under a penalty of five pounds, 
 annually on or before the first day of the sessions which 
 
 shall happen first after the time limited for the performance 
 of statute labor, render under their hands to the clerk of 
 of the peace, to be laid before the sessions, a general, 
 regular, and fair account in writing of all monies received 
 and paid by them as commissioners for the past year, to the 
 end that the same may be audited and passed by the ses- 
 sions. This section not to extend to the city of Halifax. 
 
 6. The commissioners shall from time to time cause the Further duties 
 streets within their divisions to be cleared, repaired, raised, ofg«»'"">ission- 
 sunk, altered or paved, as they may deem proper, and may. 
 
 also cause to be dug and carried out of or brought into the ^ 
 
236 COMMISSIONERS STREETS. [PAET I. 
 
 Chap. 64. streets, materials from the shores of the harbors, doing as 
 little injury as possible in any case to the proprietors of 
 the soil, and may employ and pay boatmen, carts and 
 laborers, as they may judge conducive to the accomplishing 
 the designs of this chapter ; and may also make contracts 
 for the repairing and paving of the streets ; and may comi- 
 pound with persons by the year for such sum in advance as 
 they may deem reasonable for the proportion of highway 
 labor or payments to which such persons may be liable ; and 
 may put up bars and fences to shut up streets while under- 
 going repairs ; and may raise, sink, alter, or new lay, drains, 
 water-courses, pipes and sewers, as they may think proper, 
 causing as little detriment to individuals as the case will 
 admit of; and may cause the course of gutters, water- 
 courses or channels, running in or through the streets, to 
 be altered as they shall think proper. 
 Fino for neglect- 7. Persons residing within the foregoing limits respec- 
 teS au/strf ets tively, shall keep the gutters and streets before the houses, 
 miaea'o'ean.^"" buildings, or land inhabited or occupied by them, free from 
 dirt, filth, and nuisance of every kind ; and whenever any 
 incumbrance 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 twenty shillings, and also pay 
 the expense of removing the same ; and any commissioner 
 may cause the removal thereof without giving notice to the 
 owner, or being in any way answerable therefor ; but no 
 person shall be liable to this penalty unless he shall have 
 placed the nuisance or incumbrance in the street where 
 found, or not having so placed it shall suffer the same to 
 continue twenty-four hours. 
 Persons build- 8. Persous by leave of the commissioners may place in 
 iitreSs fo°r°°"^^ *^® streets materials for building, and erect posts, bars, or 
 piaoing mate- 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 other- 
 wise on pain of forfeiture. 
 Wells and 9. The Commissioners may cause wells to be dug, and 
 
 piwfded"" 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 
 
 encroachmenU . i-it ii j. i i 
 
 liable to re- to any building or cellar, or to any ground or enclosure 
 laovai. 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, niay 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 
 
TITLE XIX.] COMMISSIONERS STREETS. 237 
 
 11. Persons intending to build upon, or close to, the line Chap. 64. 
 of a street, shall, before digging a foundation or beginning Line of streets, 
 the building, apply to the commissioners to cause the line j'„ ^af^'f '"'"' ' 
 of the street to be defined and laid out, and shall defray the buudings. 
 expense of a surveyor, if necessary to employ one, and shall 
 
 dig the foundation and erect the building within the line, 
 avoiding any encroachment ; and if any person shall erect a 
 building upon the line of the street without making such 
 application, and havirfg the line so ascertained, he shall for- 
 feit ten pounds, and shall also remove the encroachment, or 
 otherwise the commissioners may remove the same, or take 
 the steps by law allowed in cases of common nuisances. 
 
 12. When the commissioners shall have proceeded to Lines settled by 
 ascertain the line of the street on the application of any Sjput'eA^oturn, 
 person about to build thereon, and he shall be dissatisfied '^'''"'o''''™'^*^- 
 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 judg- 
 ment, 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 
 ten pounds. 
 
 13. No person shall break up the soil of a street without soii of streets to 
 first making application to the commissioners in writing, by permission ^ 
 specifying the purpose for which such breaking up is re- f°rTffenoes.''"* 
 quired, 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 commissioners, shall for 
 every offence forfeit five pounds. 
 
 14. Every person who shall drive any carriage or ride Fine for driving, 
 over a side path, or roll or place heavy articles over or on Bid"pali.°° 
 the same to the injury or obstruction of the side path, shall 
 
 for every offence forfeit not less than five nor more than 
 forty shillings. 
 
238 COMMISSIOKEES STREETS. [PART I. 
 
 Chap. 64. 15. The county treasurer shall pay to the commissioners 
 Duties on li- ^'^^ of ^^^ county treasury, quarterly, three-fifth parts of 
 'riatedFn "art *^® Hionies arising from duties on licensed houses and shops 
 to repair of within their jurisdiction, to be applied by the commissioners 
 streets. ^^ ^1^^ repair of the streets or the purposes of this chapter. 
 
 Annapolis river 16. The whole of the bridge over the Annapolis river at 
 charge of com- Bridgetown shall continue under the charge of the commis- 
 inissioners. gioncrs there, whose duty it shall be to see to the proper 
 keeping and repair thereof; and they shall take such mea- 
 sures for preventing injury to the bridge and for bringing 
 to punishment persons guilty of wilfully injuring the same 
 as to them may appear expedient. 
 Sessions may set 17. The court of general sessions are hereby empowered 
 off districts. ^Q gg^ Q^^ ^y limits, districts within their counties, and to 
 declare what number of commissioners of streets shall be 
 Appointment of appointed for each district, in manner following : the grand 
 commissioners, j^^^ ^j^^jj recommeud 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 
 be recommended in hke manner, one of whom shall be 
 selected by the sessions to supply the vacancy created by 
 Vacancies, how such retirement, and in case of the death, continued absence, 
 filled. ^j. j.gf^gg^j ^Q serve, of any such commissioners, a special 
 
 sessions may fill up such vacancy, subject to the confirma- 
 tion of the grand jury and the general sessions, at their 
 next meeting; and any person appointed under this section, 
 who, after notice of such appointment, shall refuse or 
 neglect to be sworn into office, shall forfeit and pay a fine 
 of two pounds. 
 Bridges over 18. The sessions, in setting off districts, may include 
 vidtn"' fowi^^' within their limits any bridge now or hereafter to be built 
 ships,°&c. over any brook, stream or river, dividing any districts or 
 townships, and may place such bi'idge, or any part thereof, 
 under the charge of the commissioners having supei'vision 
 within such districts. 
 Provisions of 19. Upon being sworn to the faithful discharge of their 
 appiftoool^ duty, all the provisions of this chapter shall apply to the 
 missioners. commissioners to be appointed under the seventeenth sec- 
 tion. 
 Not to apply to 20. Sections fifteen and seventeen shall not apply to the 
 
 city of Halifax. . , ■ p -i-i- ■■ .p 
 
 city of Hahiax. 
 Vacancies how 21. When vacaiicies of commissioners shall occur in the 
 filled up. several districts or villages in the first section named, they 
 
 shall be filled up and supplied under the seventeenth section. 
 Powers of com- 22. The Commissioners shall have all the powers by law 
 missioners. yested in the surveyors of highways, and no siirveyors of 
 
 highways shall have any powers within their jurisdiction. 
 fin°e's°L'^re- 23. Mouies and forfeitures payable under the foregoing 
 covered and Rpo+.irins mav bp. sued for and rfif.nvp.rp.rl hv ihf. cnnnnis- 
 
TITLE XIX.] CITY HALIFAX HIGHWAY LABOR. 239 
 
 sioners in their name of oiSce as commissioners of streets Chap. 65. 
 for the place for which they have been appointed, or in the 
 individual names of them or any of them, in the same man- 
 ner 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. 
 
 2-i. No action shall be commenced against the commis- NoWce of action 
 sioners or persons acting under them until twenty days' m^ts°one?sf ii 
 notice in writing shall be given to one or more of the com- mitation. 
 missioners, nor after six months next after the act commit- 
 ted for which the action shall be brought, and every such 
 action shall be laid and tried in the county within which the 
 commissioners have jurisdiction. 
 
 25. 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. 
 
 CHAPTER 65. 
 
 OF HIGHWAY LABOR IN THE CITY OP HALIFAX. 
 
 1. Every person within the city of Halifax keeping a Labor of teams, 
 cart, team or truck, shall at the time notified by the com- ***''" ^''^""■''■ 
 missioners of streets, send one cart, team, or truck, with 
 
 two oxen or two horses, or with one horse, if he shall own 
 no more, and one able bodied man to drive the same, to 
 labor on the streets of the city, for four days in every year ; 
 and if he shall not attend and labor, he shall, for every day's 
 omission forfeit, if owning two or more horses, ten shillings, 
 and if owning only one horse, seven shilhngs. 
 
 2. Every hired servant, minor, apprentice, journeyman. Persons liaUe 
 and day laborer shall, at the time notified by the commis- days?""^ '^° 
 sioners, and provided with the necessary tools directed by 
 
 the commissioners, work for two days. 
 
 3. Every other person able of body between the ages of Persons liaWe 
 sixteen and sixty, shall at the time notified by the commis- alys. °^ ^'^ 
 sioners, and provided with the necessary tools directed by 
 
 the commissioners, work for six days in every year. 
 
 4. The following persons are exempt from the provisions List of persons 
 of this chapter: — Military persons, and persons holding ®^^™^'®'^" 
 commissions from her majesty in the civil or military depart- 
 ments of the army : teachers of academies or grammar 
 
 schools, and licensed schoolmasters; the officers, clerks, ''v;^/ 
 
240 CITY HALIFAX HIGHWAY LABOR. [PART I. 
 
 Chap. 65. and persons employed and -borne on the books of her majes- 
 ty's ordnance department, naval yard, victualling establish- 
 ment, and naval hospital establishment, in Halifax. This 
 latter class of exemptions not to extend to more than forty 
 persons in all, whose names shall be from time to time fur- 
 nished by the heads of the departments to the city clerk. 
 Persons over 5. Persons within the city keepina; carts, teams, or trucks, 
 
 sixty years ha- i,. .. ,, i j. r 
 
 Wefor teamia- who bemg sixty years old or upwards are exempt irom 
 
 "'^' labor under the foregoing provisions, shall, nevertheless, 
 
 when summoned so to do, send their carts, teams, or trucks, 
 
 to labor four days. 
 
 Aday^sworkin 6. A day's labor, when mentioned in this chapter, shall 
 
 ten working mean ten working hours, and the labor shall be performed 
 
 hours. i^y ^j^g person liable, either by himself or his hired yearly 
 
 or monthly servant, to be approved of by the overseer. 
 Winter later. 7. The Commissioners shall, as often as they deem neces- 
 sary during the winter, order the inhabitants to work with, 
 their horses, oxen, and sleds, on the streets, in order that 
 the same may be rendered passable ; and every inhabitant 
 not complying with the order shall, for every omission, for- 
 feit ten shillings, but no person shall be compelled to 
 furnish more than one day's labor of himself and team for 
 any one fall of snow, or to work in any case where the fall 
 or drift of snow shall not exceed twelve inches in depth. 
 Substitution of 8. When the commissioners shall deem the labor of men 
 more useful than the emploj^ment of carts, teams, or trucks, 
 then the persons by this chapter required to furnish carts, 
 teams, or trucks, shall, instead thereof, be required under 
 the like penalties to send two men provided with the 
 necessary tools, and to labor for the time hereinbefore pre- 
 scribed. 
 Extra liability 9. Every person resident in the city, and keeping carts 
 tban two horses or trucks with more than two horses, shall, besides the 
 "^'^ performance of labor hereinbefore prescribed, pay for the 
 
 additional horses over two the following sums annually, viz : 
 for a third horse seven shillings, and for a fourth and every 
 other horse five shillings each. 
 Horses not em- 10. Evcry pcrson resident in the city who may keep 
 Sucks oToarts, horses not employed with trucks or carts, or for which he ' 
 how rated. jjjg^y ^q^ \^q subject to the labor or payments hereinbefore 
 provided, shall pay for such horses annually, as follows, viz : 
 for one horse seven shillings, for each additional horse five 
 shillings. 
 Fine for neglect 11. Persons not performing the labor on the streets 
 ° ^ °^- ^ under this chapter, when summoned six days previously by 
 a notice in writing from the commissioners, or any person 
 acting under them, and delivered personally or at the usual 
 place of abode of the party, shall forfeit for each day's labor 
 to which he may. be liable three shillings. 
 How recovered 12. Monies and forfeitures under this , chapter shall be 
 app e . recovered in the name of the city in the same manner and 
 
TITLE XIX.] EOAD EXPENDITURE. 241 
 
 ■with the like costs as private debts, and the proceeds shall Chap. 66, 
 belong to the general funds of the city. ~- ' 
 
 CHAPTER 66. 
 
 OP THE EXPENDITURE OP MONIES ON THE ROADS. 
 
 1. The governor in council shall annually before the Commissioners, 
 fifteenth day of May, and thereafter in cases of necessity, ^"^ "Ppoi'^t*^- 
 appoint commissioners for superintending the expenditure 
 
 of monies granted for the making and repairing of roads 
 and bridges, and may remove them at pleasure and appoint 
 others in their place; and the provincial secretary shall 
 furnish the receiver general with a list of the naraes of the 
 commissioners and the sums to be by them expended, and 
 shall give the receiver general notice of alterations made in 
 the commissions, and shall, within twenty days after the 
 appointments, have the commissions and the bonds to be 
 entered into by the commissioners; where required, trans- 
 mitted ready for execution. 
 
 2. The commissioners, when the amount to be expended Commissioners' 
 shall exceed twenty pounds, shall, before entering upon the sumsoveA'^^en. 
 duties of office, give security by bond, with two sureties to *^ P°""<i8- 
 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. The receiver general shall retain in his hands, where Sums under 
 the amount shall not exceed twenty pounds, the whole, and not to^I'drawn 
 in other cases two-thirds of the amount to be expended, over\ua™am^nt 
 until the whole sum shall have been d\ily laid out. one-tiiird only. 
 
 4. The monies shall be expended by tender and con- Money iiow to 
 tract, unless it shall appear to the commissioner that the aceountsffo'rm 
 same or parts thereof cannot be so advantageously expended "^ »*"'' ■*'*■ 
 in that manner as by day's work, in which case the monies 
 
 or parts thereof required may be expended by day's work ; 
 but the commissioner who shall expend any monies by day's 
 work shall render an account thereof in writing, under oath, 
 to the receiver general, the -oath to be administered by a 
 justice of the peace, without fee, and to be, as near as may 
 be, as follows : 
 
 " I, A. B., do swear that the annexed [or foregoing account] 
 is just and true, and that the monies by me expended have 
 been fairly and honestly applied for the purposes for which 
 they were granted ; that 1 procured the best labor in my 
 power to procure, and at the lowest rate of wages, and that 
 
242 
 
 EOAD EXPENDITURE. 
 
 [PART I. 
 
 Chap. 66. the day's work charged in the account has been, in my 
 " opinion, more advantageous to the public than if the expen- 
 
 diture of the sum had been made by tender and contract. 
 
 Contracts how 
 to be entered 
 into, and when 
 to be fulfiUed. 
 
 Sworn 
 fore me. 
 5. 
 
 to at- 
 
 (Signed) 
 , this 
 
 A. B., commissioner. 
 
 day of , 18 — , be- 
 
 C. D., J. P." 
 
 Form. 
 
 (Signed) 
 Before entering into any contract, the commissioner 
 shall give notice thereof by advertisement posted up for ten 
 days previously in the places usual for public notices in the 
 county, and he shall receive sufficient security from the con- 
 tractor for the performance of the contract within the time 
 specified ; and he shall, where the whole amount to be 
 expended exceeds twenty pounds, pay the contractor as the 
 work shall be proceeded in, monies on account, until one 
 third of the amount of the contract shall have been paid ; 
 but shall not pay the remaining two-thirds until the work 
 shall be completed agreeably to contract. Contracts shall 
 be made to 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 improving such as have 
 not been used for wheel carriages, and for erecting bridges 
 which may be extended until the thirty-first day of October, 
 and the contracts shall be as near as may be in the words 
 following, and shall be binding on the parties thereto : 
 
 " Articles of agreement made this day of , one 
 
 thousand eight hundred and , between A. B., commis- 
 sioner 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. P. and G. H. 
 agree with the said A. B. that the said C. D. will, on or 
 before the day of next, in a good and work- 
 manlike 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 0. D. the sum of , in manner following, that is to 
 
 say : one-third thereof from time to time as the work shall 
 be proceeded in, and the remaining two-thirds when the 
 work shall be completed according to this contract." 
 Contracts in 6. Where the sum to be expended on any particular 
 twenty pounds, work shall not exceed twenty pounds, it shall not be impera- 
 tive oji the commissioner to require the contractor to enter 
 into the formal contract hereinbefore prescribed, but it shall 
 be sufficient to make a memorandum in writing, which shall 
 be binding upon the contractor and his surety, for the due 
 performance of the contract, and upon the commissioner for 
 the payment of the monies agreed on. And the memoran- 
 dum shall be, as near as may be, in the words following : 
 A. B. of hereby agrees with C. D. of to 
 
 Perm. 
 
 perform the following work, viz : 
 
 and to complete 
 
 the same in a good and workmanlike manner, on or before 
 the day of next. For the due performance 
 
TITLE XIX.] EOAD EXPENDITURE. 243 
 
 whereof E. F. of hereby becomes surety for the said Chap. 66. 
 
 A. B. And the said C. D. as commissioner for the perform- 
 ance of the work, hereby agrees with the said A. B. on the 
 due performance of his contract, to the satisfaction of the 
 
 said C. D. to pay him the sum of therefor. 
 
 Dated this day of 18 — . 
 
 (Signed) A. B. 
 
 CD. 
 E. F. 
 
 7. Commissioners expending any monies by contract, Return of oom- 
 shall make return under oath to the porvincial secretary's Ss°o/m™ies 
 office, stating the amount of the different contracts entered oo^t™'^!'^ ^^ 
 into by them, — the oath to be administered by a justice of 
 
 the peace, without fee, and to be, as near as may be, as 
 follows : 
 
 " I, A. B., do swear that the contract referred to in the oath. 
 annexed [or foregoingi account, has been faithfully executed, 
 and the money voted for the work has been laid out pro- 
 perly, 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 ten pounds. 
 
 8. If two justices of the peace for the county shall certify Two justices 
 to the governor that the work upon any road or bridge ^hereworLs 
 hath not been faithfully performed, or that any contract not faithfully 
 hath not been faithfully executed, the commissioner shalhceediS^s^tier™' 
 not draw the money entrusted to him to expend, or the "P°°' 
 remaining 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 money, the performance of the labor, and the execution 
 of the contract, where one has been entered into, notwith- 
 standing the same may have been performed to the satis- 
 faction of the commissioner, and shall certify to the gover- 
 nor the particulars of the expenditure, and the sum which, 
 in their judgment, ought to be paid to the commissioner, 
 which sum only the commissioner shall receive from the 
 treasury. 
 
 9. Where it may be necessary or expedient to gf ocure Materials how 
 materials for the repair of the roads, the commissioner, if theownerome 
 from the absence or obstinacy of the owner or possessor of obstinate?"' ""^ 
 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, 
 brushes, logs, poles and brushwood; and the damage done 
 thereby shall be appraised by three indifferent freeholders, 
 nominated by the nearest justice of the peace for the pur- -M^. 
 pose : and the sum appraised shall be paid by the commis- *'" *•' 
 16 
 
244 EOAD EXPENDITURE. [PART I. 
 
 Chap. 66. sioners to the owner of the soil, if demanded, within three 
 months after. 
 
 Number of la- 10. There shall not be employed in any one day more 
 
 borers under ,1 i>j.ii i ii •'..•' . 
 
 one oommia- than lorty laborers to work under one commissioner, and 
 how^pair*"^^' t^6 wages of laborers shall be paid in cash only. 
 Foreman may H- ^0^ svery ten laborers daily employed by one com- 
 be appointed, 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 Avith and superintend 
 the laborers generally in the absence of the commissioner. 
 Commiaaioners' 12. Commissioners shall be entitled to charge and re- 
 payTpiy^of"* t^iii) 3,fter the rate of five per cent, on the monies to be by 
 menand teams; them expended: and also four shillings and sixpence per 
 
 worKinfir hours. x 7 o i x^ 
 
 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 foreman or 
 laborer shall be paid more than four shillings and six pence 
 per day. No owner of a team, consisting of a cart, driver 
 and two horses, or four oxen, shall be paid more than ten 
 shillings per day ; and of a team consisting of a cart, driver, 
 and one horse or two oxen, more than seven shillings and 
 sixpence per day. The day to consist of at least ten work- 
 ing hours ; and the foregoing wages to be paid only where 
 suitable day laborers, teams and drivers, cannot be had at 
 lower rates for cash. 
 When employ- 13. Laborers employed in erecting breakwaters, and in 
 Tfaters^&o.''' clearing out rivers, or in other public works of a similar 
 nature, shall be entitled to receive a sum not to exceed five 
 shillings per day for their labor while so engaged. 
 Eneroachments 14. The commissioners shall examine the breadths of 
 ces* how^pro^"" tlie roads within the limits of their commission; and if it 
 Tided asainst. g^all appear that any encroachment or incumbrance hath 
 been made or placed upon the same, shall forthwith give 
 notice to the owner or possessor of the land adjoining, that 
 unless the road be opened and cleared to its proper width, 
 Avithin thirty days, the person who shall have caused or 
 continued the encroachment or incumbrance will be prose- 
 cuted as the law directs; and the commissioners shall make 
 an accurate return of the breadth of the roads and of in- 
 cumbrances thereon to the supreme court or sessions for 
 the cojinty, at its next sitting after their appointment, in 
 order that such proceedings may be thereupon had by the 
 court as may be deemed proper to carry into effect the laws 
 in relation to encroachments and incumbrances on the 
 highway. 
 
title xix.] preservation op roads. 245 
 
 Chap. 67. 
 
 CHAPTER 67. 
 
 OP THE PRESERVATION OP ROADS. 
 
 1. If any person shall illegally alter or encroach on a pine for aitera- 
 public highway or private road laid out and established by oroachmlnts. 
 law, he shall forfeit five pounds. 
 
 2. A justice of the peace on his own view, qr on the justice, on Wa 
 oath of a witness, may impose a fine not exceeding twenty th^foauTof a 
 shillings on any person who shall encumber any road or witness,may 
 bridge by placing any thing thereon, to be levied by war- taring roads-, 
 rant of distress on the offender's goods,- or in case the ^'''^'"'^"'""*- 
 offender shall not be known, by sale of the incumbrance, 
 
 the overplus, if any, being retained for the owner when 
 discovered. If the incumbrance shall be continued, it shall 
 be deemed a new offence. 
 
 3. The sessions may make regulations for preserving the side paths pre- 
 side paths of any public highway, except within the city of of Je^ssioL""'^'" 
 Halifax, from being injured ; and every person guilty of a 
 
 breach of the regTilations, shall forfeit not less than five nor 
 more than fifty shillings. 
 
 4. If any person shall destroy or injure any trees or Fine for de- 
 underwood growing upon the land Ij'ing between any river, fjybetwS^' 
 lake or arm of the sea, and any public highway running ^^^^''''^^'Sh- 
 within thirty feet of the margin thereof, he shall forfeit a 
 
 sum not exceeding forty shillings. 
 
 5. If any person shall iniure or destroy anv trees or Bedford Basin 
 
 J J ■ V. J. ii, jij- jT>i road protected. 
 
 underwood growing between the road leadmg round Bed- 
 ford Basin from the three mile house to Sackville bridge, 
 and the waters of the basin, at any place where the bank 
 shall not be of greater width than twenty feet from the 
 eastern side line of the road, or shall, from any place above 
 high water mark, where the bank shall not be of greater 
 width than before mentioned, unless for agricultural pur- 
 poses, 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 de- 
 stroyed, he shall forfeit for every offence, forty shillings ; 
 and in default of payment, or goods whereon to levy, he 
 shall be committed to jail for not less than ten, nor more 
 than thirty days. 
 
 6. All incumbrances found on the ditches or tract of the incumbrances 
 road, in the last section mentioned, shall be forfeited, and road forfeited 
 may be disposed of by the surveyor of highways, without 
 
 any legal proceedings, and the proceeds shall be applied by 
 the surveyor to the repair of the road. 
 
246 
 
 SUPERVISORS PUBLIC GROUNDS. 
 
 [PART I. «• 
 
 Chap. 68. 
 
 Disorderly dri- 
 ring— penalty, 
 
 Bridges pro- 
 ;eetea. 
 
 [/arnages on 
 runners to be 
 iriTen with 
 )ells. 
 
 [Vidth of car- 
 riages on run- 
 
 (Vidth of loads 
 )f hay. 
 
 Unloaded sleds 
 lot to have 
 jointed stakes, 
 to. 
 
 Centre of high- 
 way to be left 
 )n the right. 
 
 t*ersons passing 
 n earriajges to 
 ,eave sumoient 
 space on the 
 •eft. 
 
 Carriages 
 itanding, not to 
 )e within eigii- 
 ;een inches of 
 jentre of road. 
 Fines for of- 
 fences, when to 
 )e prosecuted. 
 
 Sow applied. 
 
 7. No person shall ride or drive any horse at fall speed, 
 or in a disorderly manner, in the public street or highway, 
 in any town or village. Persons violating this provision 
 shall forfeit a sum not exceeding twenty shillings for each 
 offence, tp be recovered as directed in the sixteenth sec- 
 tion. 
 
 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 in sleighs. 
 
 10. Carriages on runners used for the conveyance of 
 loads on the highway, shall be not 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 a 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 leading in the same direction, shall 
 leave a sufficient way open on their left hand for the car- 
 riage 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 every offence, forfeit ten shillings ; 
 and in default of payment, or goods whereon to levy, shall 
 be committed to jail for not more than forty-eight hours ; 
 but the prosecutions must be commenced within forty-eight 
 hours after the offence. 
 
 17. Forfeitures under this chapter, not specifically ap- 
 propriated, shall be applied under the directions of the 
 sessions to the repair of roads and bridges. 
 
 CHAPTER 68. 
 
 OP supervisors of public grounds. 
 
 Jupervisors— 
 i«w appointed. 
 
 1. The grand jury in each county or district shall, on 
 the application of twenty freeholders of any township, 
 appoint six persgns resident in such township, out of whom 
 the sessions shall appoint three to be supervisors of public 
 grounds,* and the sessions, upon the recommendation of the 
 
TITLE XIX.] SUPERVISOES PUBLIC GROUNDS. 247 
 
 grand jury, may remove them, or any of them, and vacancies Chap. 68. 
 shall be supplied by the grand jury recommending double 
 the number of persons necessary to supply the same, out of 
 whom the sessions shall appoint the number required, and 
 the clerk of the peace shall keep a record of such appoint- 
 ments, removals, and vacancies, and the dates thereof; and 
 such supervisors shall be a body corporate, by the name 
 of "the supervisors of public grounds for the township 
 of ." 
 
 2. The legal title of and in all public parade grounds Titi« of puwic 
 and public landings within the township, and of all commons f "vesteli in'su- 
 and other lands not belonging to the county or district at p^"^^'^"™.- 
 large, but which may be acquired or had for the general 
 purposes and uses of the inhabitants of such to.wnship, and 
 
 of and in .all buildings 'thereon being, and appurtenances 
 thereto belonging, shall, on their appointment, vest in the 
 supervisors for the original purposes for which they were 
 intended. 
 
 3. The supervisors may, by direction of the grand jury Leases of, how 
 and sessions, lease any such lands not required for public to'^ehie™"ent 
 uses for any period not exceeding seven years ; and they shall iiow applied, 
 annually render to the sessions an account of monies by 
 
 them received for rents, and of expenses connected with 
 the letting, to be audited by the grand jury and sessions 
 and then filed in the office of the clerk of the peace ; and 
 the balance of such rents, after deduction of the expenses, 
 shall be by the supervisors paid to the overseers of the 
 poor for the township, or where there shall be more than 
 one poor district in the township, then such balance shall 
 be equally divided among the different districts, and paid to 
 the overseers thereof respectively. 
 
 4. Nothing in the preceding sections contained shall Lands and po-o- 
 extend to any place of divine worship, burial ground, col- ^^theVper^ 
 hge, academy, school, or any land thereto belonging, or any chapter''"^ 
 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- Encroachments 
 
 IT 1 1 1 ■ n 1 upon roads, 
 
 croached upon or encumbered, and m all cases where a how dealt with; 
 doubt or dispute shall exist as to the true line of a road, or ala^omSute. 
 as to which side is encroached upon, the supervisors, after ' ' 
 ten days' ngtice 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 incumbrance, of the time and place at which they 
 will investigate the matter, shall repair to the place where 
 the encroachment or incumbrance shall be alleged to exist 
 or the line be in "dispute, and there inquire into the facts, 
 and, if necessary, may then, or at a future day, have a sur- 
 vey made of the road, and examine witnesses on oath, to be 
 administered by a supervisor, touching the matter; and shall, 
 
248 
 
 SUPERTISOES PUBLIC GROUNDS. 
 
 [PART I. 
 
 Fine for dis- 
 obeying super- 
 visor's or ses- 
 sioua' order. 
 
 Chap. 68. after completiog the investigation, determine and mark out 
 the true line of the road, and direct the same to be opened 
 to the full width of sixty-six feet, or to any less width to 
 which it may have been confined by its dedication ; and shall, 
 by order in writing, direct and cause all encroachments or 
 incumbrances to be removed to such distance as they shall 
 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- 
 visor or sessions delivered to him in writing, within thirty 
 days after receiving the same, he shall forfeit twenty shil- 
 lings; and if the encroachment or incumberance be suffered 
 to remain for a further space of twenty days after the impo- 
 sition of the fine, the continuance shall be held a new offence, 
 and shall subject the party to a further fine of twenty shil- 
 lings ; 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 twenty shillings be imposed therefor. 
 
 7. The supervisors may apportion and order the payment 
 of the expenses incident to the proceedings hereinbefore 
 mentioned, among and by such persons as shall appear advi- 
 sable ; 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- 
 tions, the production of a copy of the order of the super- 
 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 investi- 
 gations and order, setting out therein the lines of road by 
 them established, which record shall be signed by them, and 
 be returned to the clerk of the peace to be filed in his 
 office. 
 
 10. Any person dissatisfied Avith the order of the super- 
 visors, or of the sessions, may appeal therefrom to the next 
 supreme court of the county, where the matters in dispute 
 shall be tried and determined by the verdict of a jurj', 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 
 the cost of appeal shall be paid by the appellant, and 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 
 
 Expenses haw 
 borne and re- 
 covered. 
 
 Order of super- 
 visor, how 
 proved. 
 
 Record to be 
 signed and Bled, 
 
 Appeal from 
 octler. 
 
 Costs of appeal 
 how paid if or- 
 der oonfirmed. 
 
 When order re 
 versed, costs 
 how paid. 
 
TITLE XIX.] SUPERVISORS PUBLIC GROUNDS. 249 
 
 making of the order, shall be paid in the first instance by tJHAP. 68. 
 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 Supervisors 
 public highway, and the same, although not encroached upon, &? wufo^lng''^'^ 
 has been originally laid off too narrow, or shall have been '^"''*- 
 
 made public by use only, and the supervisors shall deem it 
 proper to widen the same, they shall notify the parties in 
 possession of the lands on both sides of their intention to 
 widen the road, and that application foi; that purpose will 
 be made to the next sessions. 
 
 14. The supervisors shall, at the next sessions, submit to Proceedings to 
 the court their application for widening the road, stating the ^fons.*^ "■' ^'"' 
 then breadth thereof and the width to which they propose 
 
 to open the same ; and, if they shall have made any agree- 
 ment with the proprietors of the land as to compensation 
 for land and fencing, shall at the same time submit it ; and 
 if the court are satisfied of the propriety of widening the 
 road, and shall approve of the agreement so made, they 
 sha^l make an order for widening the road, specifying the 
 breadth to which it shall be extended, and confirm the agree- 
 ment 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 may 
 sessions shall not approve of the agreement, but shall be ft^ehoiders to 
 satisfied of the propriety of widening the road, they shall su^aequent^pro 
 appoint three- disinterested freeholders, one to be nominated oeedings. 
 
 by the supervisors, one to be nominated by the possessors 
 of the lands, or, on their omission, by the sessions, and the 
 third to be nominated by the sessions ; and shall issue their 
 precept to the three freeholders, directing them to lay off and 
 mark out the road to the width directed, in the way most 
 conducive to the public good, and least prejudicial to the 
 proprietors of the lands. And all further proceedings in 
 reference to the widening of the road, whether upon appeal 
 or otherwise, shall be had in the manner prescribed by the 
 sixty-first 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 sections width of road. 
 to a greater extent than sixty-six feet. 
 
 17. The provisions of this chapter shall extend to roads ^"t^fg^h^'ter 
 upon which grants of monies may have been made by the 
 legislature — -to roads which have been open for the use of 
 
 the public for twenty years, and to roads upon which statute 
 labor may have been performed, except private or pent 
 roads, whereon the statute labor may have been performed 
 
250 CLOSraG EOADS. [PART I. 
 
 Chap. 69 . by direction of the sessions, but shall in no case apply to 
 ' roads .which have been abandoned. 
 
 CHAPTER 69. 
 
 OF CLOSING EOADS. 
 
 Old roads may 1. Where a line of road has been altered, and the old 
 se^ssions^onpeti- Toad has been abandoned by the public as a general thorough- 
 ?Ds" prescribed. ^^^6, any of the proprietors of land adjoining the old road, 
 may, by petition stating the facts, and the names of all per- 
 sons interested in the lands on either side of the road, apply 
 , to the sessions to shut up or otherwise dispose of the same ; 
 
 — which petition shall be accompanied by an affidavit that 
 at least thirty days' previous notice in writing of the appli- 
 cation 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. Persons dissatisfied 
 with the order, may appeal therefrom within ten days, to 
 the next sitting of the supreme court, and the clerk of the 
 peace shall thereupon return the proceedings to the supreme 
 court, who shall examine them, and if deemed advisable, 
 hear the parties appearing, and their witnesses, and shaU 
 make order as shall seem right therein. The order of the 
 sessions, if not appealed from, and the order of the supreme 
 court in case of appeal, to be conclusive. 
 Parties who 2. Persons, although not interested in lands adjoining or 
 
 ^^aiaiiowei ^^^^ ^be road, and their witnesses, may be heard against the 
 closing or disposing thereof, and may appeal from the order 
 of sessions. 
 Where owner of 3. If any land adjoining the road shall have been the 
 lJ'iead''lho to^ property of a person deceased, and be not divided among 
 be considered his hoirs, the representatives of the deceased person, and 
 e propne or. ^^^ 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. 
 
title xix.] railed ads. 251 
 
 Chap. 70. 
 CHAPTER ^Q^^^^-^^-^o^-^-'^f"^" 
 
 OP EAILEOADS. 
 
 Whereas the construction and maintenance of a trunk line Preamble. 
 of railway from the harbor of Halifax to the frontier of New 
 Brunswick, with branch lines extending to the harbor of 
 Pictou and to Victoria Beach, will greatly facilitate the 
 internal trade of Nova Scotia, — will develope herresources, 
 enlarge her revenue, and open more frequent and easy com- 
 munications with the neighbouring provinces and states. 
 
 1. The lines of railway to be constructed under the pro- Railways to be 
 visions of this chapter, shall be public provincial works, and |radel,^°here 
 shall be made on such grades and in such places as the ™ ^e made, 
 governor in council shall determine and appoint, as best 
 
 adapted to promote the general interests. 
 
 2. The line to be first completed shall be that which, go™°iet°|g"gt^ 
 beginning at the harbor of Halifax, and extending therefrom """"^ ^ ^ 
 
 in a northerly direction, will form a common trunk for all 
 the lines to be hereafter made under the provisions of this 
 chapter. 
 
 3. After the common trunk shall have been so completed, other lines, 
 the railways shall be carried on in such direction as shall 
 
 be approved of by both houses of the legislature, and shall 
 be designated by an act of this province, or by resolutions 
 entered upon their journals, and communicated by address 
 to the governor. 
 
 4. The construction and management of such railways Construction •, 
 shall be under the charge of three commissioners, to be MmmfsTonCTs. 
 appointed by the governor in council, and to hold office 
 
 during pleasure : one of whom to be so named in the com- 
 mission, shall be the chairman, and shall have the right of 
 voting in all cases, with a casting vote, in addition to his 
 own, where there would otherwise be an equahty of voices : 
 provided that not more than one of such commissioners 
 shall at any time hold a seat in each branch of the legislature. 
 
 5. The commissioners shall build such railways by tender Lines to be built 
 and contract, after the plans and specifications therefor shall oJ^fcraetT' ^^^ 
 have been duly advertised ; and they shall accept the tenders 
 
 of such contractors as shall appear to them to be possessed 
 
 of sufficient skill, experience, and resources, to carry on the 
 
 work, or such portions thereof as they may be willing to 
 
 contract for. But where the commissioners, in any case, 
 
 deem it for the public interest not to accept the lowest 
 
 tender that may be made, it shall not be competent for them 
 
 to accept a higher tender without the approval of the ' 
 
 governor in council. And where any tender is higher than 
 
 in the judgment of the commissioners, or of the governor in 
 
 council, it is prudent to act on, the same shall not be accep- 
 
252 EAILROADS. [PART I, - 
 
 Chap. 70. ted ; and in such case the work shall be suspended for a 
 time, and new tenders advertised for, when the legislature 
 or the governor in council shall deem it expedient to pro- 
 ceed. 
 Contrnots, seou 6. The contracts to be so entered into shall be guarded 
 formanoe o^"' by such securities, and contain such provisions for retaining 
 a proportion of the contract monies, to be held as a reserve 
 fund for such periods of time, and on such conditions, as 
 may appear to be necessary for the protection of the public, 
 and securing a due performance of the contracts. 
 Chief ongineer, 7. The governor in council shall appoint a chief engineer, 
 aaddutiesof. to hold.ofSce, during pleasure, who, under the instructions 
 he may receive from the commissioners, shall have the 
 general superintendance of the works to be constructed 
 under this chapter, and whose duty it shall be to measure 
 the work done, and for which payment shall be claimed, — 
 to report upon the lines to be selected — the permanence of 
 the works to be designed or executed- — the strength of the 
 rails — the sufficiency of plant and rolling stock, — and the 
 faithful fulfilment of the contracts which may be entered 
 into. 
 Payments to 8. No mouey shall be paid to any contractor until the 
 
 ooutraotors. chief engineer shall have certified that the work for or on 
 account of which the same shall be claimed, has been duly 
 and faithfully executed, nor until sxich certificate shall have 
 been approved of by the commissioners. 
 Contractors 9. No member of the legislature shall hold, or be appoint- 
 
 tobe°Sembe''r3' ed to any officc of emolument under the commissioners, or 
 rf Hie leguia- jjg ^ contractor, or party to any contract, arising out of the 
 construction, management, or working of the road, or any 
 part thereof. 
 No government 10. No pcrsou holding a placc in the provincial govern- 
 ber"to beTe'cuI ment, or a seat in the legislature, shall hereafter become 
 oontraote*'^™^ Security, or be answerable for the performance of any con- 
 tract with the railway commissioners, or of any work or 
 engagement in relation to the railway. 
 Lands required 11. The Commissioners or contractors are authorized to 
 
 for lines and , j.i -^in • t n 
 
 termini. enter upon and take possession of any lands required for 
 
 the track of the railways, or for stations, and they shall lay 
 off the same by metes and bounds, and record a description 
 and plan thereof in the registry of deeds for the county in 
 which the lands are situate, and the same shall operate as a 
 dedication to the public of such lands ; the lands so taken 
 shall not be less than four rods nor more than six rods in 
 breadth for the track, exclusive of slopes of excavations 
 and of embankments, except where it may be deemed advi- 
 sable to alter the line or level of any public or private 
 carriage road, or divert any stream or river, in which case 
 it shall be competent for the commissioners to take such 
 further quantity as may be found necessary for such pur- 
 poses ; also, at each station a sufficient extent for depot 
 
TITLE XIX.] EAILROADS. 253 
 
 and other station purposes ; provided always, that, except- Chap. 70. 
 
 ing at the termini or junction of the railways, the quantity ' ' 
 
 BO appropriated shall not exceed five acres. 
 
 12. The commissioners or contractors may enter with Powers of com- 
 workmen, carts, carriages, and horses, upon any lands, and deposit'sou!" 
 deposit thereon soil, earth, gravel, trees, bushes, logs, poles, 
 brushwood, or other material found on the line of railway 
 
 or works connected therewith, or for the purpose of dig- 
 ging up, quarrying and carrying away earth, stones, gravel, 
 or other material, and cutting down and carrying away trees, 
 bushes, logs, poles and brushwood therefrom, for the 
 making of such railway. Before entering for the purposes Commiasionors, 
 mentioned in this section, the commissioners or contractors, pos'sSrs^of* 
 or the other persons acting under them, or either of them, ^^^ 1*°^ 'Ke- 
 shan notify the proprietors or possessors of the lands, 
 and shall carry out such purposes with as little injury as 
 possible consistently with those objects. 
 
 13. It shall be lawful for the commissioners to make or CongtruoHon of 
 construct in, upon, across, under, or over any lands, streets, &o*foTef'iand3, 
 hills, vallies, roads, railroads or tramroads, canals, rivers, *"■ 
 brooks, streams, lakes, or other waters, such temporary or 
 permanent inclined planes, embankments, cuttings, aque- 
 ducts, bridges, roads, ways, passages, conduits, drains, 
 
 piers, arches, or other works, as they may think proper. 
 
 14. They may alter the course of any river, canal, brook. Alteration of 
 stream, or water-course, and divert or alter, as well tem- streams, "io. 
 porarily as permanently, the course of any such rivers, 
 streams of water, roads, streets or ways, or raise or sink 
 
 the level of the same, in order to carry them over or under, 
 on the level of, or by the side of, the railway, as they may 
 think proper. 
 
 15. They shall have power to make conduits or drains Drains, &o. con- 
 into, through, or under any lands adjoining the railway, for or^fr^lTrau.'*' 
 the purpose of conveying water from or to the railway. ™y^- 
 
 16. It shall be lawful for them, from time to time, to do General power 
 all other lawful acts necessary for making, maintaining, making, aiter- 
 altering, or repairing and using the railway. ™f' 'bp"!""", 
 
 17. In all cases under the twelfth section for entries vaine of mate- 
 upon lands and materials taken whether before or after the Sned."^"'^"'''" 
 passing of this chapter, the recompense for the injury to 
 
 the land, the value of the earth, stones, and gravel, and the 
 trees, timber, brush, and other materials, dug, cut down, or 
 taken away for railway purposes, and for other damages to 
 the proprietors or possessors, shall be referred to the deter- 
 mination of three arbitrators, one to be chosen by the pro- Appraisement 
 prietor or possessor, one }^ the commissioners or contrac- ofarbitrators. 
 tors, or persons acting under them, or either of them, and 
 th& third on the part of the county, by some justice of the 
 peace residing as near the premises as can conveniently be 
 obtained to act, and not interested in any question of da- 
 mages ; and in case of the absence or neglect, after duo 
 
254 
 
 EAILEOADS. 
 
 [PART I. 
 
 Chap. 70. 
 
 Award. 
 
 Arbitrator's 
 fees. 
 
 Damages, &c., 
 bow paid. 
 
 Appeal. 
 
 Damages how 
 recovered. 
 
 Damages 
 ctaargeaDle on 
 county. 
 
 Persons other 
 than contract- 
 ors, &c., must 
 furnish owner 
 with a written 
 authority. 
 
 Persons author- 
 izing or acting 
 may oe held lia- 
 ble: 
 
 Fruit and orna- 
 mental trees ex- 
 cepted. 
 
 Monies paid for 
 lands to form a 
 county charge, 
 — how to be as- 
 sessed. 
 
 Worlcing of 
 lines. 
 
 notice, of either party, the arbitrator on that part shall be 
 named by some justice of the peace, disintere.sted as afore- 
 said, residing as near the premises as conveniently can be 
 obtained. Two of the said arbitrators may make an award, 
 and the award shall be in writing, signed by the arbitrators 
 making it. The arbitrators shall be entitled to a fee of five 
 shillings, which shall be added to the damages and paid in 
 the first instance by the commissioners, contractors, or per- 
 sons acting under them. 
 
 18. The damages awarded shall be paid within one month 
 with interest thereafter, by the commissioners or contrac- 
 tors, or other part}'', acting under them, as aforesaid, as the 
 case may be. Either party, including the arbitrator 
 appointed on behalf of the county, or any justice of the 
 peace on behalf of the county, may appeal to the supreme 
 court according to the provisions of section fifty-one. 
 
 19. If appeal shall not be asserted in twenty days after 
 the award, the sum awarded may be sued for and recovered 
 as debts of like amount are now by law recoverable. 
 
 20. The damages paid under the three last sections shall 
 be chargeable on the county where the property lies, and 
 shall be assessed, levied, collected, and paid to the commis- 
 sioners or contractors pursuant to the provisions of this 
 chapter. 
 
 21. Before any party other than the commissioners and 
 contractors immediately under them shall be at liberty to 
 enter upon private lands under the twelfth section, they 
 shall be obliged to furnish the owner or possessor thereof, 
 or leave at his residence, a written authority from such com- 
 missioners or contractors authorizing such entry ; and 
 thenceforth the owner shall, at his option, be entitled to 
 consider any act to be done, 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. 
 
 22. Nothing contained in this chapter, shall authorize 
 the commissioners or contractors to cut down and carry 
 away any fruit trees, or trees planted or preserved for 
 ornament. 
 
 23. The monies payable for such lands and fencing shall 
 form a county charge ; biit in the apportionment of the 
 assessment 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 accord- 
 ingly. 
 
 24. Whenever the railways, or any portions of them, shall 
 be completed, it shall be lawful for the governor in council, 
 to make such arrangements as may be suitable for working 
 the railways as one line by' a common management, or for 
 working the trunk line and branches by separate commis- 
 sioners ; such arrangements to be submitted to both branches 
 of the legislature at the session then next ensuing. 
 
TITLE XIX. EAILEOADS. 255 
 
 25. The governor in council shall have power to inspect Chap. 70. 
 all contracts and proceedings of the commissioners, to ex- inspection of 
 amine their accounts at all times, and to suspend the pro- »rooeeciinga of 
 gross of the work, until the next session of the legislature. '»>°'°'i««"'"<'"- 
 
 26. The governor in council shall, in the first instance, salaries of ofa- 
 fix the rate of salary or compensation for the chairman, and ''*'^^" 
 
 the other commissioners, and the chief engineer, and shall 
 approve of all other salaries to be awarded by the commis- 
 sioners, subject, in all cases, to the revision and confirma- 
 tion of the legislature, at its first session thereafter. 
 
 27. The commissioners shall draw on the receiver gene- Yearly expen- 
 ral, in such form as may be directed by the governor in to £200,000'° 
 council, for all monies that may be required for the purposes 
 
 of this chapter, but shall not expend a larger sum, nor incur 
 liabilities to a larger extent, in any one year, than two hun- 
 dred thousand pounds. 
 
 28. The commissioners shall furnish quarterly accounts Aooounts of 
 of all such expenditures and liabilities, which shall be — Srof."^" 
 examined and checked by the financial secretary, and pre- 
 sented to the general assembly in every year within the first 
 
 ten days of each session, to be examined and audited by a 
 joint committee of the legislative council and house of 
 assembly, in the same manner as other public accounts. 
 
 29. The commissioners are authorized to make regula- Board to make 
 tions from time to time for the safe construction and working gafding°ooV°' 
 of the railways under their charge, — for the transmission of «''^"<'''°"' *"• 
 goods and passengers thereon — for their care and manage- 
 ment, and that of the plant and equipment used thereon — 
 
 for the protection of the wharves, bridges, culverts, cross- 
 ings, stations, buildings, and depots, erected or to be erected, 
 and all other the property in the possession and under the 
 control of the board in their public capacity — and in such 
 regulations to affix fines, penalties and punishments for the 
 breach thereof: provided always, that such regulations be- Proviso, 
 fore going into operation, shall be first sanctioned by the 
 governor in council. 
 
 30. The governor in council shall have power, by order Governor may 
 for that purpose made, to except from drill, training, or other woritingonraii- 
 militia service, all persons engaged in the actual construe- wa^duty? ""^'" 
 tion of railways in the province. • 
 
 31. The governor, by and with the advice of the execu- ze*d°no""to'^ex. 
 tive council, may contract a loan on the pledge of the ""^^ £200,000 in 
 revenues of this province, whether arising from the duties 
 
 upon imports, the sale of crown lands, the royalty paid by 
 miners, or the tolls to be collected on the railways con- 
 structed with the monies to be borrowed under this chap- 
 ter ; provided that the whole sum to be borrowed shall not 
 exceed two hundred thousand pounds currency, in any one 
 year. 
 
 32. Certificates of debt to be called debentures, bearing Debentures i 
 
 . . , , . , ,, . .1' ° issue of, autho- 
 
 mterest at six per cent., or at a less rate, as the. governor nzed. 
 
256 EAILBOADS. [PAET I. 
 
 Chap. 70. in council may see fit, may be issued from time to time,, at 
 par, or at such premium as the same may command, as the 
 ^ railways proceed ; and the governor in council shall deter- 
 mine at what periods of time, in what amounts, and on what 
 conditions such certificates shall be issued. 
 Form of deben- 33. The debentures shall be in the form to be hereafter 
 issumg"mount directed by the governor in council, with coupons annexed 
 of, interest, &e. thereto ; they shall be signed by the governor, and verified 
 by his seal of oiEce, and also countersigned by the receiver 
 general ; they shall be numbered consecutively, commencing 
 with number one, and shall be issued in such sums, not less 
 than one hundred pounds sterling, as may be deemed expe- 
 dient ; the interest thereon shall be paid half yearly, at 
 such place as shall be mentioned therein ; and the principal 
 of such debentures shall be paid in full, at the expiration of 
 twenty years from- the date of their respective issues to the 
 then holders thereof 
 Prooeede of 34. The whole of the revenues to arise from the receipt 
 
 toappUed.'" of toUs on such railways shall, after the expenses of working 
 and maintenance have been paid, be applied towards the 
 payment of interest on the debentures, and the surplus 
 shall form a surplus fund for the redemption of the loan. 
 Pledge for re- 35, Subjcct to the payment of any previously existing 
 beZres""^''^ provincial liability, and of the civil list, the faith and credit 
 of the province, and the ordinary revenues thereof, and the 
 amount of proceeds of any special impost which may here- 
 after be levied and collected for the purpose of paying off 
 .all such railway debentures, and the interest thereon, shall 
 be and hereby are declared pledged to any and every holder 
 of the same. 
 Monies raised 36. The principal sums to be raised and borrowed shall 
 J^ivl/graerafj be received from time to time as the same may be raised, 
 application of. ^yy ^jjg receiver general, who shall, upon the warrants of the 
 governor, pay out of the same such sums as may from 
 time to time be required for defraying the charges made 
 payable out of the same by this chapter, and who shall a,lso, 
 upon the warrants of the governor, pay the dividends and 
 interest upon the sums so raised and borrowed as the same 
 shall become due ; and such fund shall be paid and managed 
 in such manner for the redemption and liquidation of the 
 principal sums as the governor in council shall from time to 
 time direct and appoint, subject however to the provisions 
 Management of of this chapter. And it is hereby declared, that the parlia- 
 '^"'"'' ment of this province will confirm and carry out by such 
 
 legislative enactments, if any, as may be necessary to give 
 full effect to the same, any arrangement or agreement not 
 inconsistent with the spirit of this chapter, which may be 
 « made or authorized by the governor in council with regard 
 to the raising and borrowing of the sums aforesaid. 
 RMoiTergene- 37. The receiver general shall quarterly transmit to the 
 audlt^of, &o. governor, for the purpose of being audited by the financial 
 
TITLE XIX.] RAILK0AD3. 257 
 
 secretary, and laid before the two houses of the legislature, Chap. 70. 
 a correct and detailed statement and accouiit of the sums 
 raised under the authority of this chapter, and of the deben- 
 tures and other securities which shall have been issued, and 
 of the interest and dividends paid thereon, and of the 
 redemption of the whole or any part of the principal sum, 
 and of the expenses attending the negociation, management, 
 payment, and redemption of the loan. 
 
 38. The city of Halifax shall be considered as holding city of Haiinix 
 stock in such railways to the extent of one-tenth part of 'f stock ^Umu- 
 the actual expenditures thereon, — such tenth part not to «^*<'*i''o>°'"'' 
 exceed in the whole, the sum of one hundred thousand 
 
 pounds — and shall be entitled to participate in the profits of 
 the railways in prciportion to the amount of such stock ; 
 and shall be assessed annually for the amount of interest 
 thereon, at the same rate of interest at which the loan is 
 obtained, and also for a proportionate amount of such sums 
 as may be chargeable against the general revenues of this 
 -province for the redemption of the loan ; such annual sums Assessment. 
 to be assessed and levied as the legislature may hereafter 
 direct, and to be paid into the hands of the receiver general, 
 to form a part of the general revenues of this province ; 
 and to continue to be so annually assessed, levied, and paid 
 in, until the loan, under this chapter, shall become extin- 
 guished under the provisions thereof. 
 
 39. In case a less sum than two hundred thousand pounds Deficiency of 
 be borrowed in any one year, the deficiency may be added inme'yearad- 
 to- the sum to be borrowed in the next or any succeeding dedtonext. 
 year, provided that the sums to be borrowed shall not 
 
 exceed the rate of two hundred thousand pounds per annum. 
 
 40. Such debentures may he made payable in currency how payable, 
 or^ sterling monies, and in such sums as from time to time 
 
 •may be deemed most expedient by the governor in council. 
 
 41. All the provisions of this chapter, except in so far Provisions to 
 
 1 7 1 T011 ,1. Ill- im extend to de- 
 
 as they are altered or modined by the two last sections shall bentures. 
 extend to such debentures. 
 
 42. The debentures that have heretofore been or may Debentures 
 hereafter be issued under the thirty-third section, shall be the'soTernOT's 
 and are hereby declared to be valid and binding, although ^'"'^■ 
 
 the same have not heretofore been and may not hereafter be 
 verified by the governor's seal of ofiice, as therein required. 
 
 43. On the first Tuesday of June in every year, or at jury-how 
 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 oflBce, 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 
 
258 RAILROADS. [PART I. 
 
 Chap. 70. 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 
 jiiry. 
 striking of 44. The clerk of the peace on the one- side, and the 
 
 ^""^^^ claimants for damages on the other, shall reduce such list 
 
 to fourteen by each striking off a name alternately as special 
 jurors are struck, 
 wiieresame 45. Where the same persons shall fill the office of pro- 
 
 offiTOTofprotSi- thonotary and clerk of the peace, and no person shall have 
 ci°erk^of peace. ^®^^ appointed for the purpose by a general or special 
 sessions who are hereby authorized to make such appoint- 
 ment, the custos shall attend and act on behalf of the county 
 instead of the clerk of the peace ; and in the absence of the 
 custos, 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 before mentioned, or if the 
 person appointed do not attend, then any disinterested 
 magistrate may act for the county. 
 Lists to be far- 46. The board of railway commissioners shall, previously 
 way "commit' ' to the Striking of the jury, furnish the prothonotary with a 
 
 8 loners. 
 
 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 quantities 
 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 railway having deprived them of access to 
 their property, whether on land or water, or having destroyed 
 or impaired any use, easement, 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 
 Regulations re- affects the Same respectively. If the parties present, who are 
 stHkS|*of tiie interested as claimants, agree upon any person to strike for 
 J"'-* ■ them, the prothonotary shall minute the 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 prothono- 
 tary 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. 
 Venire. 47. The prothonotary shall thereupon forthwith issue and 
 
 deliver to the sheriff a venire as in schedule A, directing the 
 sheriff to summon such jury to appear at a time and place 
 to be therein named, not more than sixteen days distant. 
 And the sheriff shall duly warn such jurors, and both he and 
 the prothonotary shall attend on the return day of suck 
 venire. 
 
TITLE XI5.] EAILHOADS. 259 
 
 48. The first seven jurors who shall answer iipon being Chap. 70. 
 drawn and called as petit jurors are drawn and called, shall Proceedings of 
 be sworn by the prothonotary according to the form of oath J^^y. duties, &c. 
 in schedule B ; and a panel of their names shall be prepared 
 by the prothonotary, and by him attached to the venire, 
 and he shall hand such venire to the sheriif, who shall, with 
 such jury, proceed to the execution of their duty forthwith, 
 or on a day to be then named, and whereof the jury shall 
 be duly notified ; and if the number of such jurors at 
 any time be reduced by death, inability from illness, or 
 other cause, or through neglect or refusal, the remaining 
 jurors shall proceed as if no such reduction had taken 
 place, provided the whole number be not reduced below 
 five. The jury shall examine the premises in each case, 
 and shall value the land taken and dedicated for the rail- 
 way, 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 
 payment ; 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 Disagreement, 
 four hours deliberation, a majority, whether of the full or 
 reduced jury, shall make an appraisement in writing, signed 
 by such jurors, setting forth the amount of damages awarded 
 to each claimant, and particularizing the nature and grounds 
 of such damage, and the property or right in respect of 
 which they accrued ; and the sheriff shall within thirty Returns of she- 
 days next after the swearing in of the jury file the venire "^' 
 and panel with the appraisement and his return with the clerk 
 of the peace. If the jurors be reduced below five before the Proceedings if 
 appraisements are completed, the appraisements duly made Sw fiv"!*'^ 
 previously thereto, shall be returned to the clerk of the 
 peace, and the sheriif shall forthwith summon so many of 
 the jurors drawn and struck, but not at first sworn, as shall 
 be required to fill up such jury to the 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 appraisements ; 
 and the sheriff shall have power to adjourn or re-summon 
 the jury from time to time, as occasion may require. 
 • 49. For the purpose of securing a fair and impartial jury to have ac- 
 appraisement, the sheriff and jury shall have free access to pians"^^^^®''*' 
 all public offices, and to the papers, plans, and returns 
 therein; and the railway commissioners, engineers, and 
 officers, if required by either party, and any other persons, 
 if subpoenaed, shall attend and give evidence as witnesses, 
 under oath, if required by any party interested, and shall 
 also produce all plans, papers and documents under their 
 control touching the matters at issue. 
 17 
 
260 
 
 KAILEOADS. 
 
 [PAET I. 
 
 Chap. 70. 
 
 Fees. 
 
 Forfeit for de- 
 Ikult of jury. 
 
 Appeal to su- 
 preme court — 
 proceedings in. 
 
 50. The prothonotary and clerk of the peace, or person 
 acting for the county, shall be entitled to a fee of twenty 
 shillings each for their services ; the sheriff shall be entitled 
 to twenty shillings per day ; and the jurors sworn shall be 
 entitled each to the sum of fifteen shillings 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 five shillings for such attendance, and ,to 
 travelling fees as now allowed to petit jurors ; and the 
 sheriff shall be entitled to a further sum of twenty shillings 
 for warning such jury ; 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 per- 
 foi-mance of any of the duties required of him shall forfeit 
 the sum of twenty pounds for each default, to be immedi- 
 ately levied under a warrant from the prothonotary, directed 
 to the sheriff. 
 
 51. Within thirty days after the return of any appraise- 
 ment, th,e 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 proceed- 
 ings aside, in whole or in part, or to alter the valuation, 
 which summons shall be served upon the opposite party in 
 the manner specified therein ; but such proceedings shall 
 not be set aside upon anymore 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 interested, to confirm, increase, or reduce the 
 damages, or otherwise rectify the finding of the jury, in 
 substance or form; or, if such court or judge shall see fit, 
 a jury shall be empannelled to try the disputed matters of 
 fact with reference to such damages ; and in case the dam- 
 ages complained of shall either be reduced in case of pro- 
 ceedings by the county, or increased in case of proceedings 
 by a claimant, to the extent of one-sixth, costs shall be re- 
 covered by the county or party applying, but not otherwise; 
 and the county shall pay the cost of such proceedings, if 
 the damages be not so reduced, to be added to the damages, 
 and the party shall pay the cost of such proceedings 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 pro- 
 thonotary to the clerk of the peace, and by which the court 
 of sessions shall be governed in the amount of damages and 
 
 Jury urdcr this costs to be assessod and collected. The jury contemplated 
 section. under this section, is and shall be the ordinary petit jury of 
 
 the supreme court, or a special jury when specially ordered ; 
 Xriai. and the trials shall take place before the court or at sittings 
 
 in the ordinary manner of trials. Damages under .appraise- 
 
TITLE XIX.] RAILROABS. 261 
 
 ments against which no appeal has been asserted, or which Chap. 70. 
 have been determined after appeal, shall be assessed, col- Haiiwaj dama- 
 lected, levied, raised, and paid as soon as possible, and with- |?ai"ements?o 
 out any needless delay, or on any pretence whatever. lecteTami'paid" 
 
 52. The amount appraised upon each county shall be Payment of 
 payable in two years by equal annual instalments, the first ^T^^^. '^^' 
 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 ensu- 
 ing year, with like interest for delay of payment. 
 
 53. After the expiration of the notice required by the Certificate of 
 sixty-second section, the custos of the county shall deliver *pp™""^^°'- 
 to each party in the form in schedule C, a certificate show- 
 ing 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 endorse- 
 ment, 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 monies payable thereunder until 
 fully discharged. 
 
 54. The damages appraised and established under this Damages— how 
 chapter, and costs where costs shall be payable, shall be anScoiSed. 
 apportioned 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, dis- 
 trict and place shall be assessed upon their inhabitants, and 
 shall be levied, collected and paid over, upon the same prin- 
 ciple 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. 
 
 55. If the sessions shall neglect or delay to make any in ease sessions 
 such apportionment, or to cause any of the monies to be appm-tionmentt 
 assessed, collected and paid over, which according to this ^^y amerce.'*' 
 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 apportionment, as aforesaid, together 
 ' with the costs of proceeding before the supreme court or 
 a judge ; such amercement to be apportioned and assessed 
 by the court or a judge upon the township, district, and 
 place in each county on the principle pointed out in the 
 
262 
 
 3JAILROA0S. 
 
 [FAET I, 
 
 Chap. 70. 
 
 Amercement — 
 Iiow collected. 
 
 Assessors, col- 
 lectors, iS;o., 
 mu9t carry out 
 provisions of 
 ihi» chapter. 
 
 Ccmpensation 
 to collectors, 
 &c. 
 
 Snm assessed to 
 lie paid to recei- 
 ver general. 
 
 In case amount 
 fails to meet 
 claim. 
 
 Compensation 
 or appraiser 
 or county of 
 ilalifas. 
 
 Parties entitled 
 benefit of act. 
 
 preceding section, and the court or judge may receive evi- 
 dence thereon, by affidavit or otherwise, and the stims 
 amerced shall be levied, collected and paid over, in a man- 
 ner analogous to that in which comaty rates are levied, col- 
 lected, and paid over, 
 
 56. The prothonotary shall fnrnish the clerk of the 
 peace with a copy of snch amercement and apportionment 
 forthwith after the same shall be made by the court or 
 judge ; and the clerk of the peace, within fifteen days after 
 the receipt thereof, shall make ontand deliver to the collec- 
 tors the necessary rolls and instructions, and the collectors 
 for each township, district and place, shall therenpon pro- 
 ceed to collect the amount of such amercement. The clerks 
 of the peace, assessors, collectors, county treasurers, and 
 all other officers whose agency now is or by any law might 
 be required to carry out the assessment, collection and pay- 
 ment of connty rates, are hereby required and shall he 
 bonnd to carry ont the provisions of this chapter according 
 to its trne intent; and in case of neglect or violation of dnty 
 shall be liable to the like penalties as are now or as may be 
 hereafter by law imposed for neglect or violation of analo- 
 gous dnties, touching the assessment, collection, and pay- 
 ment of connty rates, and also to an action for damages at 
 the suit of any party aggrieved. 
 
 57. All officers employed under the sessions, supreme 
 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 compen- 
 sation shall be a county charge. 
 
 58. The treasurers of the counties shall forthwith pay 
 over all monies received by them under this chapter, to the 
 receiver general, who shall pay to the parties respectively 
 the amounts to which they are legally entitled ; and if the 
 sums paid in shall not meet the claims in full, the sessions 
 shall assess and cause to be collected and paid to the 
 receiver general 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. 
 
 59. The sessions of the county of Halifax may assess 
 the county for such sum as they consider sufficient to com- 
 pensate the appraiser appointed by them on behalf of the 
 county, under the seventeenth .section of chapter one of 
 the acts of 1854, for his services in that capacity; and all 
 appraisements heretofore duly made in pursuance thereof, 
 shall remain in force. 
 
 60. Parties, for whose lands, taken for the railway, 
 appraisements have been made and set aside, shall be entitled 
 to the benefit of this chapter; and the damages sustained by 
 Messieurs Piers shall be appraised, assessed, collected, and 
 
TITLE XIX.] RAILEOABS. 263 
 
 paid to the receiver general, who in settling with them shall Chap. 70. 
 deduct therefrom the amount paid to them oxit of the trea- 
 sury in anticipation of their claim. 
 
 61. No proceeding had or taken under any of the Amendmentof 
 clauses of this chapter shall be set aside on any formal or P'^«eee'^'»ss. 
 technical ground, or in consequence of such proceedings 
 
 not being in accordance with the strict letter of this chapter ; 
 but such proceedings may be commenced anew, renewed 
 or amended in any stage thereof on application to the 
 supreme court, or a judge; and when so commenced, renew- 
 ed, 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 pro- 
 ceedings had been had. 
 
 62. No monies assessed or collected under this chapter, Notice of 
 with the exception of the suras assessed in favor of Thomas ™.o"?t an^ d^ 
 Kenny and William Davey, and confirmed by the supreme to Be adverti- 
 court, shall be paid over until after notice specifying the ^"^ 
 amount and describing the land in respect of which the 
 
 same is assessed, shall have been published for sixty days 
 
 in the county newspaper, if there be one, and also in the 
 
 royal gazette ; which advertisement shall be made by the 
 
 clerk of the peace immediately after the return of the 
 
 appraisement by the sheriff, and shall be paid for as a county 
 
 charge. If, within such period, objection founded on aiR- jnoaseofobjecr 
 
 davit to be filed in the office of the clerk of the peace, be *'»» ^^<^^ 
 
 made by or on behalf of any person claiming to be entitled, 
 
 other than the absolute owner in his own right, in fee simple 
 
 in possession, and under no legal disability, payment of the 
 
 sum assessed and collected, and respecting which such 
 
 objection shall have been stated, shall not be made without 
 
 the order of the supreme court or a judge, which court or 
 
 judge shall have power to make such an order respecting 
 
 the pajment or the deposit or investment thereo:^ or the 
 
 pajj^ment of interest accruing thereon, as to such court or 
 
 judge may seem equitable and just. 
 
 63. The appraisements made under the authority of the ^p^™ ur™f°' 
 act of 1^54, in favor of Thomas Kenny and William Davey, Keuny and Da- 
 and which have been confirmed by the supreme court, toj/e- ieoted,&e.""'' 
 ther with the interest thereon from the time their huK Is 
 were taken possession of for the railway up to the time of 
 actual payment, and costs payable under the order of thf 
 court granted on the first day of December, 1856, on the 
 application of those parties respectively, shall be levied, 
 collected, and paid to the county treasurer as in the case of 
 county assessments under the existing law or any law in 
 amendment thereof; and for that purpose the clerk of the 
 peace shall make out and deliver to the collectors or proper 
 officers the necessary rolls, instructions, and papers, and the 
 collectors and proper officers shall forthwith make collection 
 and payment to the countj" treasurer, who shall immediately 
 
264 EAILROAI>S. [PABT X. 
 
 Chap. 70. ' pay over tbe amount received by him to tbe receiver 
 " genera], by whom the snms due and payable to the said 
 Thomas Kenny and William Davey, for principal, interest 
 and costs, shall be paid to them respectively. 
 Cost of feneing. 64. The cost of fencing necessary in the construction 
 of the railway shall be levied from the respective counties 
 within which the railway is or should be constructed, at the 
 rate of fifty pounds 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 receiver general in the manner directed by this 
 chapter in the case of railway damages. No county wherein 
 this chapter shall be carried out bona fid& shall be required 
 to assess in any one year for damages to lands and costs of 
 fencing. 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 instalment for land damages shall have been 
 imposed, or in which the same under the provisions of this 
 chapter, should have been imposed. 
 Amount advan- 65. Out of the sum assessed to pay the amount of 
 board'to'^Messm damages at the African settlement, there shall be repaid the 
 paidl'"''"*'*" amount advanced by the railway board for the purchase of 
 
 land from Messieurs Drillio. 
 Bonds from 66. The court of sessions shall require the treasurers 
 
 reasureig, e. ^^^ collectors to give sufficient bonds in the name of her 
 majesty, conditioned for the faithful discharge of their 
 duties. 
 Bells or whistle 67. The proprietor of any railroad whereon any locomo- 
 engines r^fhen tive engine shall be run, shall cause a suitable bell or steam 
 Bounded""" °^ whistle to be kept on every engine while running, and which 
 shall be rung or blown at the distance of at least eighty rod» 
 from every place where the rail crosses any other road 
 upon the same level with the rail, and shall be kept ringing 
 or sounding until the engine has crossed. 
 Painted boards 68. The proprietor of every such railroad shall cause 
 at cjrossings. i^oards to be placed, well supported by posts and constantly 
 maintained, across every road at every place where crossed 
 by the rail on the same level ; such boards and posts to be 
 of a height to be easily seen by travellers without impeding 
 the travelling; and on each side of the boards shall be 
 painted, in capital letters at least nine inches high, the 
 following inscription, to be kept always plainly legible : 
 " railroad crossing, — ^look out for the engine." 
 Gates and keep- 69. Upon application to the sessions, setting forth that 
 may be OTde?!! ii^ addition to the foregoing provisions it is necessary for 
 by sessions. the security of the public that gates should be placed across 
 any such railroad where the same shall cross any road on 
 the same level therewith, and that persons should be station- 
 ed at such gates to open and close the same %hen required 
 for the passing of the- engine, the sessions sliall iavestigate 
 
TITLE XIX.] EAILKOADS. 265 
 
 the application and hear evidence thereon, and if they shall Chap. 70. 
 be of opinion that the placing of such gates and the station- 
 ing of such persons thereat is necessary for the security of 
 the public, shall make an order accordingly, with which 
 order the proprietor shall comply ; but no such order shall 
 be made unless a summons, to be issued by the clerk of the 
 peace, setting forth the nature of the application, shall be 
 served on the manager or person having charge of the rail- 
 road, or some known agent of the proprietor thereof, 
 actually employed in and about the railroad, at least four- 
 teen days before the first day of the sitting of the sessions 
 at which the investigation shall take place, requiring cause 
 to be shewn against such application. 
 
 70. If any proprietor shall violate any of the provisions Fine for viola 
 of the three preceding sections, he shall, for every offence, ^^g "ecSons!" 
 forfeit a sum not exceeding fifty pounds. 
 
 71. If any person shall maliciously obstruct the passing Fine for ob- 
 of any engine or carriage along any railroad, or shall mali- JoaS.""^ ™' 
 ciously place any thing on such railroad calculated to 
 obstruct the passing of any engine or carriage, or to injure 
 
 or endanger the same, or shall' maliciously injure such 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 fifty pounds. 
 
 72. If any person, after any such railroad shall be opened Fin« «>' going 
 
 • • . upon orioSiQinir 
 
 for use, shall himself go thereon, or shall ride, drive, or lead animals on, rail- 
 any animal thereon without the consent of the proprietor, ™*^' 
 he shall for every offence forfeit twenty shillings ; 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. 
 
 73. If any animal shall be found going at large within Fine for eatoe 
 the hmits of any such railroad after the same is opened for raiiroad°fmii.^ 
 use, the person through whose neglect the same shall occur 
 
 shall for every offence forfeit five shillings ; provided the 
 railroad shall have on the sides thereof where it shall not 
 cross some other road on the same level, a lawful fence. 
 
 74. If any person convicted under any of the three imprisonment 
 preceding sections shall not pay the judgment, and no goods to'satlsf/anet 
 can be found whereon to levy, he may be imprisoned for a 
 
 term not exceeding one day for every five shillings of the 
 amount of the judgment ; such term in no case to exceed 
 three months. 
 
 75. In order more effectually to prevent breaches of the Special consta 
 
 « . 1 i- ii 1 • • 1 bles, how ap- 
 
 toregoing regulations, the general sessions or any special pointed ; tiieir 
 sessions, not interested in the railroader 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 
 
266 EAILEOADS. [PART I. 
 
 Chap. 70. distinguisbing badge when on duty as the general or special 
 sessions shall direct, and shall have all the powers of con- 
 stables in preventing such breaches, and for apprehending 
 oifenders and taking them before justices of the peace, and 
 for preserving public peace and order on and within the 
 limits of the railroad. 
 Definition of 76. The word " proprietor," when used in this chapter, 
 terms. gj^^jj JQ^^^g }jjg agents and servants ; and the word " road" 
 
 shall include streets, lanes, and highways. 
 Obstruction of 77. If any person shall wilfully obstruct any person act- 
 raliroad— p". ing under the authority of the commissioners in the lawful 
 naity for, &o. exercise of their power in setting out the line of the rail- 
 way, or shall pull up or remove any poles, pegs, or stakes, 
 driven into the ground for the purpose of so setting out the 
 line of the railway, or shall deface or destroy any pegs or 
 marks put down or made for the same purpose, or shall 
 wilfully obstruct any of the contractors or their servants 
 or workmen, while employed in the construction of the rail- 
 way, he shall forfeit a sum not exceeding five pounds for 
 every siich offence. 
 Obstruction to 78. If any person shall wilfully obstruct the passing ol 
 fajur'ies'to'raii- ^iiy engine Or Carriage along the railroad, or shall malici- 
 road— punish- ously placc anything on the railroad calculated to obstruct 
 the passage of any engine or carriage, or to injure or en- 
 danger the same, or shall maliciously injure the railroad, or 
 any thing thereto appertaining, or any materials or imple- 
 ments for the construction or uge thereof, or any of the pro- 
 perty in the possession or under the control of the com- 
 missioners as such, he shall be guilty of felony, and be 
 imprisoned in the penitentiary for a term not exceeding four- 
 teen years. 
 Impeding offi- 79. If any pcrsou shall wilfully obstruct or impede any 
 tion of duty"^ officer. Servant, or agent of the commissioners, in the execu- 
 '"-■'i'"^^' **■ tion of his duties upon the railway, or upon or in any of 
 the stations or other works or premises connected there- 
 with, or if any person shall wilfully trespass upon the rail- 
 way, or any of the stations or other works or premises con- 
 nected 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 up on the line, or pull down or injure the 
 Injury to road— boards upon which such regulations are affixed — every such 
 penalty for. person SO offending, and all others aiding or assisting therein 
 shall severally forfeit a sum not exceeding twenty-five 
 pounds for every such offence. 
 Gates— penalty ^0. If any person shall omit to shut and fasten any gate 
 (orieaTing g^t tip 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 
 
TITLE XIX.] RAILEOADS. 267 
 
 care have passed through the same, he shall forfeit for every Chap. 70. 
 such offence a sum not exceeding forty shillings. ' ~ 
 
 81. If any person, after the rail road, or any section Dimng, &o. . 
 thereof, shall be opened for use, shall himself go thereon, or road-penaity 
 shall ride, drive, or lead any animal thereon, he shall for ^"• 
 every such offence forfeit a sum not exceeding forty shil- 
 lings ; but nothing in this regulation shall prevent the pass- 
 ing across the railroad where the same is crossed by any 
 
 other road on a level therewith. 
 
 82. If any animal shall be found going at large within Animals stray- 
 the limits of the railroad, or any section thereof, after the p°iaity?&e?'^*' 
 same shall be opened for use, the owner thereof, and the 
 
 person through whose default or neglect the same shall 
 occur, shall for every such offence severally forfeit a sum 
 not exceeding forty shilHngs : 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. 
 
 83. If any person shall travel, or attempt to travel, in Riotous con- 
 any carriage belonging to the railroad, without having pre- &^°; ref^sal^to 
 viously paid his fare, and with intent to avoid payment Saft^'forT^^" 
 thereof; or if any person having paid his fare for a certain 
 distance, knowingly and wilfully proceed in any such car- 
 riage 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 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 pas- 
 sengers therein, by riotous conduct, or by indecent or pro- 
 fane language, or shall disobey the lawful directions of the 
 guard, or shall persist in smoking after a request from the 
 guard, or from any other passenger, to desist therefrom — 
 every such person shall, for every such offence, forfeit a 
 sum not exceeding five pounds. 
 
 84. If any person be discovered either in or after com- Detention of or 
 mitting, or attempting to commit, any such offence as in the whom. 
 preceding regulation 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 discharged in due course of law. 
 
 85. If any person shall send by the railway any aqua Gunpowder and 
 fortis, oil of vitrol, gunpowder, lucifer matches, or other |oofsrpenaity 
 goods of a dangerous character, without distinctly marking I^^^Jj"''™'"'^'"" 
 their 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 twenty pounds. 
 
268 RAILROADS. [PART I. 
 
 Chap. 70. 86. It shall be lawful for the commissioners to make and 
 Tolls-how le- Isvy sTich tolls as in their opinion shall be best adapted for 
 ''i'"'- the accommodation of the traffic, and to alter and vary the 
 
 same from time to time as they may see fit; provided that all 
 such tolls be at all times charged equally to all persons, and 
 after the same rate, whether per ton, per mile, or otherwise 
 in respect of all passengers, and of all goods or carriages 
 of the same description, and conveyed or propelled by a 
 like carriage or engine passing only over the same portion 
 of the line of railway under the same circumstances. 
 
 b""kom\id^ ^'^' "^^^ *°^^^ ^^^"^ ^^ P^^^ *° ^^^^ persons, and at such 
 y w om pai . pj^^^g^^ ^^^ ^^ g^^j^ manner, and under such regulations, as 
 
 the commissioners shall appoint. 
 
 ^f^jai tojay 88. If, on demand, any person fail to pay the tolls due 
 in respect of any carriage or goods, it shall be lawful for 
 the commissioners to detain and sell such carriage, or all or 
 any part of such goods ; or if the same shall have been 
 removed from the premises of the railway, to detain and 
 sell any other carriages or goods within such premises 
 belonging to the party liable to pay such tolls ; and out of 
 the money arising from such sale to retain the toUs payable 
 as aforesaid, and all charges and expenses of such detention 
 and sale, rendering the overplus, if any, to the person en- 
 titled thereto ; or it shall be lawful for the commissioners 
 to recover any such tolls by action at law. 
 
 Avoiding the ,89. If any person, being; the owner, or having the care 
 
 toll by not Ki- r . •' ^ j • i • xi. -i 
 
 Ting correcf ao- 01 any Carnage or goods passing or being upon the railway, 
 penaity^lir?'*' ' shall, on demand, fail to give to any person appointed to 
 collect the tolls a true and correct account in writing, 
 signed by him, of the number and quantity of goods con- 
 veyed by any such carriage, and of the point on the railway 
 from which such carriage or goods have set out, or are 
 about to set out, and at what point the same are to be 
 unloaded or taken off the railway ; and if the goods con- 
 veyed by any such carriage, or brought for conveyance as 
 aforesaid, be liable to payment of different tolls, shall fail to 
 specify the respective quantities or numbers thereof liable 
 to each or any such tolls, with intent to avoid in any case 
 the payment thereof, he shall for every such offence forfeit 
 and pay to the commissioners a sum not exceeding ten 
 pounds for every ton of goods or for any parcel not exceed- 
 ing one hundred weight, and so in proportion for any 
 quantity of goods less than one ton, or for any parcel 
 exceeding one hundred weight, as the case may be,' 
 which shall be upon any such carriage ; and such penalty 
 shall be in addition to the toll to which such goods may be 
 liable. 
 Damages to 90. If any passenger shall wilfully cut the lining, or 
 
 remove or damage any part of the carriages, or shall get 
 
 into or get off of any train when in motion, or at any other 
 place than the passengers platforms, or attempt to do so, 
 
 carriages, &e. 
 
TITLE XIX.] EAILEOADS. 269 
 
 every such person shall for every such offence forfeit and Chap. 70. 
 pay a sum not exceeding forty shillings. 
 
 91. Passengers at the road stations will only be booked Passengers-, 
 conditionally, that is to say, in case there shall be room in ln^° ^ 
 the train for which they are booked. If there shall not be 
 
 room for all so booked, the passengers for the longer distance 
 will be allowed the preference, and for the same distance 
 they will have priority according to the number of their 
 tickets. 
 
 92. The owners of goods and property of every descrip- Commissioners 
 tion conveyed by the railway, liable to injury from the ^o^'g^ol^i^u*- 
 weather, or from smoke, sparks, or fire, shall be responsible Jf'n,""!.'!?!^?''" 
 lor tneir proper protection, unless under a special bargain for. 
 
 with the commissioners. 
 
 93. If any person shall load any carriage on the railway, OTerioading 
 so that the loading extends more than two feet beyond the cau"in|^o *""' 
 flange of the wheels, or shall leave any carriage or goods workin^rau- 
 or things under his charge to remain on the railway, or in way, &o. 
 any of the depots or sidings thereof, to an obstruction of 
 
 the working of the railway, every such person, for every 
 such offence, shall forfeit and pay a sum not exceeding forty 
 shillings. 
 
 94. If any person convicted under any of the preceding Persons oonTie- 
 sections, from 71 to 87 both inclusive, shall not pay the preeedin^e scot 
 judgment and costs, and no goods can be found whereon to property, Say 
 levy the same, such person may be imprisoned in the com- te imprisoned, 
 mon jail of the county for a term not exceeding one day 
 
 for every five shillings of the amount of the judgment, pro- 
 vided such term shall in no case exceed three months. 
 
 95. All the sections of this chapter from one to nine, 
 eleven to sixteen, twenty-three to twenty-eight, and thirty- 
 one to thirty-eight, inclusive, have operation from the 
 thirty-first day of March, one thousand eight hundred and 
 fifty-four. 
 
 SCHEDULE. 
 
 A. 
 
 Venire — To wit : 
 
 To the Sheriff of 
 
 You are hereby commanded to summon A. B., <fec., jurors, 
 
 duly appointed to appear at on the daj' of 
 
 at o'clock, then and there to qualify themselves for the 
 
 purpose of appraising the damages sustained by certain 
 claimants for damages in respect of lands taken for railway 
 purposes, and in respect of other injuries within the pro- 
 visions of chapter 70 of the revised statutes, second series, 
 and have you then and there this writ. 
 
 Issued this day of A. D. 
 
^70 BRIDGES AND PUBLIC LANDINGS. [PART I, 
 
 Chap. 71. B. 
 
 Juror's Oath. 
 
 You swear that you will truly appraise the damages sus- 
 tained by the respective proprietors of lands taken for the 
 track of railways, and for stations, and that in the case of 
 claimants for damages by reason of the line of railway 
 having deprived them of access to their lands, or having 
 destroyed or impaired any easement or privilege which they 
 had enjoyed in relation thereto, you will truly appraise the 
 damage so sustained by such parties respectively ; and you 
 do swear, that in every case you will faithfully examine the 
 premises, and will investigate each case according to the 
 circumstances, and that you will impartially form your judg- 
 ment of the damages as well prospective as present, inclu- 
 ding loss for delay of payment; and also will impartially con- 
 sider and estimate the relative benefit as well as injury to 
 the property by the construction of the railway, and will 
 deduct the benefit likely to be derived by the claimants from 
 the railway running near to their lands, and that you will 
 in aU things decide according to the best of your judgment 
 and ability. So help you God. 
 
 C. 
 
 This is to certify that A. B. is entitled to receive the sum 
 
 of £ -, which on the day of , 18 — , was 
 
 appraised for railway damages, under the act of 1857, enti- 
 titled "an act for authorizing assessments for railway 
 damages," payable to the said A. B., or his order, in two 
 equal annual instalments, in the manner following, that is to 
 say : One half of the said sum on or before the expiration 
 of one year from the date of the appraisement as above 
 mentioned, and the other half on or before the expiration of 
 two years from that date, together with interest on each 
 instalment, after the time of payment shall have elapsed. 
 
 Given under my hand this day of , A.I). 18 — , 
 
 C. D., custos of county of . 
 
 E. F., clerk of the peace. 
 
 CHAPTER 71. 
 
 op certain bridges and public landings. 
 
 Wharves, land- 1. The sessions shall have control of all public wharves 
 tefn'ta^Wgesto and public landings, and of all draw bridges, and also of the 
 con"°olYo?the following other bridges, viz : — Lake Porter bridge, in the 
 sessions. county of Halifax, the bridge over Sissaboo River, in the 
 
TITLE XIX.] FERRIES. 271 
 
 county of Digby, and Bear River, dividing the counties of Chap. 72. 
 Annapolis and Digby, which latter bridge, for the purposes 
 of this chapter, shall be considered wholly in the coimty of 
 Digby; and the sessions may make orders for the preserva- 
 tion and proper keeping thereof, and may appoint persons 
 to superintend the same, who shall in such case be sworn 
 to the faithful discharge of their duties before a justice of 
 the peace, and the sessions may affix penalties for the breach 
 of any such orders, not exceeding in any one case three 
 pounds, and may also impose charges on vessels lying at, 
 and goods landed on, such wharves or landings, and may 
 direct the mode of recovery and application of such penal- 
 ties and charges ; but nothing herein contained shall affect 
 rights conferred by any act of incorporation in relation to 
 any such draw bridge, public wharf or public landing. 
 
 2. The sessions, upon the presentment of the grand iury, T^^e-yrs to be 
 
 'J- ^ , oj«'' made ID oriusres 
 
 are authorized to cause draws to be made in any of the bridges upon present- 
 erected or to be erected over any of the rivers in this pro- jS?"' " ^™" 
 vince ; and all such bridges so converted into draw bridges, 
 shall be thereafter subject to all the provisions of this chap- 
 ter; but nothing herein contained, shall authorize the placing 
 a draw in any bridge built under any charter or act of incor- 
 poration. 
 
 CHAPTER 72. 
 
 OF FERRIES. 
 
 1. The sessions may establish ferries over harbors, bays, Ferries and fer- 
 rivers and creeks within their counties or districts, and tobff3hed''and' 
 agree with and grant licenses to ferrymen on one or both Sons"'^ ^^ 
 sides thereof, under the regulations; and at the rates of 
 ferriage by the sessions established or to be established. 
 
 2. At the Lennox passage in the island of Cape Breton, an™th'c''GuTof 
 and at the Gut of Canso, there shall be at least one ferry- canso, to have 
 man appointed on each side. each^ide.'^" **" 
 
 3. Ferrymen shall keep safe and good boats, or vessels Duty of rerry- 
 in good repair, and suitable for the ferry, and give ready °"^"' 
 attendance on the' passengers, according to the regula- 
 tions. 
 
 4. Ferrymen not complying with the regulations, or Fine for neglect 
 receiving more than the established rate of ferriage, or ifabmty.'^"'^'^^'^ 
 neglecting to keep boats or vessels, or to give attendance 
 
 as hereinbefore directed, shall forfeit for every offence not 
 less than ten nor more than forty shillings; and shall be fur- 
 ther liable to an action on the case for damage by any 
 person sustained from the neglect. 
 
272 i SEWERS — DIKED AND MARSH LANDS. [PART I. 
 
 Chap. 73. 5. When a ferry has been establshed, and the ferryman 
 
 Fine for into- Hcensed, if any other person shall carry over the harbor, 
 
 rymal^privr ^^y> ^^^^^ °^ Creek, whcreon the ferry is established, any 
 
 legos. person, cattle or carriage, for hire, unless by consent of the 
 
 licensed ferryman, or on his not giving due attendance, he 
 
 shall for every offence forfeit not less than five nor more 
 
 than twenty shiUings, to the use of the person suing ; and 
 
 in default of goods whereon to levy, the person convicted 
 
 shall be committed to jail, for not less than five nor more 
 
 than ten days, to be in the executfon expressed, unless the 
 
 amount shall be sooner paid ; but if the licensed ferryman 
 
 shall not give attendance pursuant to the regulations, then 
 
 any other person may supply his place, and recive pay as if 
 
 licensed, until another shall be appointed. 
 
 TITLE XX. 
 
 OF SEWERS, COMMONS, AND COMMON FIELDS. 
 
 CHAPTER 73. 
 
 OF COMMISSIONERS OF SEWERS AND THE REGULATING OF DIKED 
 AND MARSH LANDS. 
 
 Commissions ai- 1- A.11 commissions issued for the appointment of corn- 
 ready issued to missiouers of sewers shall continue in force till the governor 
 
 continue in . •! i n i * t j_ 
 
 force. in council shall otherwise direct. 
 
 Commissioners 2. The govemor in council, at the request of any of the 
 and smSn fn'^'^ proprietors of any marsh, swamp, or meadow lands, may 
 oiork '0 be ap- appoint onc or more commissioners of sewers for the county, 
 sworn. 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 commissioners shall appoint 
 a clerk, who shall be sworn into office by one of the com- 
 missioners, and the swearing shall be entered in the book of 
 record, which shall be evidence of the fact. 
 Commissioners, 3. Two thirds in interest of the proprietors of any marsh, 
 ear^y'o'nwork" swamp, or mcadow lands, within the jurisdiction of such 
 how dismissed, commissioners, may, by themselves or their agents, select 
 one or more commissioners to carry on any work for reclaim- 
 ing such lands; and they may at any time add to or diminish 
 the number of commissioners selected or supersede any or 
 all of them, and choose others instead ; and the choice or 
 dismissal of any commissioners for or from the management 
 of any particular land shall be made in writing, under the 
 
TITLE XX.] SEWERS — DIKED AND MARSH LANDS. 273 
 
 hands of two-thirds of the proprietors in interest in such Chap. 73, 
 
 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 propri- Powers of com- 
 etors of such lands to furnish men, teams, tools, and materials SylSg"/'"' 
 to build or repair any dikes or wears necessary to prevent ^l^^l Q^^^ 
 inundation, to dam, flow, or drain such lands, or to secure sun- 
 
 the same from brooks, rivers, or the sea, by aboiteaux or 
 breakwaters, or in any way they may think proper ; and in 
 case of neglect may employ men and teams, and provide 
 tools and materials for that purpose at the 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 relating to the same. 
 In case of the commencement of any new work, two-thirds 
 in interest of the proprietors of the lands shall first agree 
 thereto. 
 
 5. Commissioners may appoint from among the propri- overseers may 
 etors of such lands one or more overseers to assist them, l!™^^™'*'' ' 
 
 - PI •• ' iio w Sworn. 
 
 who shall be sworn by one or the commissioners. 
 
 6. Commissioners shall in ordinary cases cause three Notice to be 
 days' notice, exclusive of Sundays, to be given to the pro- ftora! ^™p"' 
 prietors^ of lands, or to their known agents where they 
 
 reside within ten miles of the place where the labor is 
 required to be done, to attend and furnish labor and mate- 
 rials ; but in cases of sudden breaches in any works, or 
 apprehension thereof, the immediate attendance of each 
 proprietor may be required. 
 
 7. The commissioners so chosen may assess the owners Assesmonttoto 
 or occupiers of such lands for any expenses incurred by "hat purposes.' 
 them or their predecessors, whose accounts remain unsettled, 
 
 for dikes, wears, drains, aboiteaux,' or breakwaters, including 
 seven shillings and six pence per day for every commis- 
 sioner while actually employed, and a reasonable sum for 
 the payment of the clerk, overseers, and collector, having 
 regard to the quantity and quality of land of each owner 
 or occupier, and the benefit to be by him received. 
 
 8. Where any rate shall exceed seven shillings and six Rates eiceed- 
 pence an acre on the whole quantity of rateable land, the com- iilfgrS^slx 
 missioners shall summon the owners or occupiers of such Jo^^g^eesod'^' 
 land, or their known agents, or such of them as shall reside 
 
 within ten miles of the work, to meet at a certain place and at 
 a certain time, not less than three days exclusive of Sunday, 
 after service of such 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, 
 
274 SEWERS — DIKED AND MARSHLANDS. [PAEI J. 
 
 Chap. 73. who shall be sworn into office the same way as the clerk; 
 
 and they, or a majority of them, shall, with the commis-. 
 
 sioners, assess the owners or occupiers for the expenses 
 
 incurred, including a sum not exceeding seven shillings and 
 
 sixpence a day for each assessor while actually employed. 
 
 i^ommissioners 9. The Commissioners for the new or Wickwire dike, in 
 
 dike may asae83. Horton, may assess the owners or ocupiers of land in such 
 
 dike, although the rate shall exceed seven shillings and six 
 
 pence an acre, provided the rate shall not exceed twenty 
 
 shillings an acre on the whole quantity of rateable land, 
 
 without calling a meeting of the owners or occupiers, as 
 
 provided in the last section, or taking the other proceedings 
 
 prescribed by the chapter where the rate exceeds seven 
 
 shillings and six pence. 
 
 Meadow and 10. An assessment maybe made in the same way in 
 
 s"ssS'fOT''o''rigfl respect of meadow lands and swamps for the original open- 
 
 nai draining as ing or draining; thereof, although the rate be less than seven 
 
 in last section. ,v,,. ,9 ' ii j.-i i- j. i_i 
 
 shillings and six pence an acre on the quantity oi rateable 
 land. „Z?-'_ ^.^-^ ^g-y-.'^-^e^ 
 
 Aasesament 11. If the owners or occupiers, or their agents, attend- 
 
 unaSiSsiV i°g ^Vl^ meeting shall .unanimously agree to an estimate 
 other^ratea'*^*^ ^^^ assessment in writing, to be entered in the books of the 
 commissioners, it shall be valid and binding, as any other 
 rate or assessment 
 Fines, rates and 12. All fines, rates and assessments, shall be recovered 
 how^recovered ; by and in the names of the commissioners so appointed and 
 dfsauowed' "^ 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 no fine, rate, or assessment shall be siibject to any set 
 off of a private nature, or be connected with any private 
 claim on the part of the plaintiff. 
 Lands may bo 13. When uo goods of any owner or occupier of such 
 ment'o/ratesr 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 days' notice, by hand- 
 bills, posted in at least three of the most public places in 
 the township where the lands lie. 
 jiay be sold, if 14. If any such lands cannot be let for a sufficient sum 
 dent. '"'' °"^' to pay the rate and expense,- the sheriff, or his deputy, at 
 the request of the commissioners, shall sell the same, or so 
 much thereof, as is necessary to pay the rate and expenses, 
 having given three months' previous notice of the time and 
 place of such sale, by handbills, posted in at least three of 
 the most public places in the township where such lands 
 lie ; and shall execute and deliver to the purchaser a valid 
 deed of such lands, for which deed, and his attention about 
 
TITLE XX.] SEWERS — DIKE AND MARSH LANDS. 2*1 6 
 
 the sale, he shall be entitled, out of the proceeds, to ten Chap. 73. 
 shillings. A recital in the deed of such handbills having ' ' ' 
 
 been duly posted, shall be presumptive evidence of the 
 fact. No school or glebe lands shall be sold under this 
 chapter. 
 
 15. Where the present or former owner or occupier of i'*'"! only li- 
 any land, or his known agent, shall not have agreed to the tr *haa ^n^"' 
 building of any dike, wear, aboiteau or breakwater, or to ^%^^ '° ^^^ 
 the damming, flowing or draining of such land, the land only 
 
 shall be liable for the rate or assessment. 
 
 16. Any deficiency in the amount of a rate may be levied Deficiencies of 
 and collected as an original rate. ed'and'coUe'cted 
 
 17. No commissioner shall be liable to an action for any Action by own- 
 demand for work or materials furnished by the owner or commfssifni?^' 
 occupier, or his agent, until all rates and expenses thereon ^"l ''ofk, &a 
 against the lands of such owner or occupier shall have able. 
 
 been paid, nor until after a reasonable time for making up 
 the rate bill and collecting the same ; and before any letting 
 or sale* sfiall take plac^, the" amount due to the owner or 
 occupier of such lands, for work or materials, shall be 
 deducted from the amount due from such owner or occu- 
 pier. 
 
 18. Every owner or occupier of such lands, or their Owneraand oc- 
 agent, shall, when required by the commissioners, provide, eS to^fornfsTYa- 
 at a certain time and place named, a sufficient number of ''"L„*f°® ^°^ 
 
 11 '11 1 ■ neglect. 
 
 laborers, with tools, carts and teams, m proportion to the ^i^^^ 
 quantity of land owned or occupied ; and for each day's /rr'^ c 
 neglect, in case of a sudden breach, or the apprehension of ^ /^ , 
 of one, shall pay, besides his rate or assessment, a fine of , 
 
 five shillings for each laborer, and a like sum for each cart ^^^-^ 
 or team so required. All fines, when recovered, to be 
 applied for the benefit of such lands generally. 
 
 19. When sods or soil shall be cut off' the land of any Damage for 
 proprietor, diked in common with other proprietors, for assessed."'^ ^^'^ 
 diking the same ; or such lands shall be washed away, or 
 
 diked out, or injured by carting over the same by order of 
 the commissioners; such damage shall be valued, assessed and 
 paid as other dike rates. If there be any lands so reclaimed, 
 lying undivided and in common, the same shall be, as far as 
 it may be available, allotted to the party injured, and the 
 balance only, if an}'-, assessed as above. 
 
 20. The clerk of the commissioners shall keep a record Record to be- 
 ef all their proceedings, and a fair account of all monies fee^ fo/inspeo^ 
 expended by them, open to the inspection of all persons JJ°ot3*"'^ '^^' 
 interested therein, on payment for each search and exami- 
 nation of the book at one time, of one shilling; and a copy 
 
 shall be furnished to every person interested, when de- 
 manded, on payment of six pence for ever}' ninety words. 
 
 21. Whenever by the making or repairing of a break- ^^\*i"*o«toia 
 water, salt marsh lying outside the same shall be benefitted oases to expen- 
 thereby, the same shall be taxed and assessed, towards the waters. ^'^^^' 
 
 18 
 
2.76 SEWERS — BIEE AKD MARSH I-AKDS. [PART I. 
 
 Chap. 73. expense of the breakwater, in proportion to the benefit 
 
 derived. 
 Expense to be 22. Whenever in the draining of any swamp or meadow 
 parte benefitted land a part shall be benefitted, the proportion of the expense 
 
 shall be assessed on that part only. 
 ciTff*a°nZ°^ 23. A clerk or overseer or collector shdl be a compe- 
 other officers as tent Witness to prove any fact connected with the duties of 
 witneBsea. j^-^ ^gg^g^ 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 himself in relation thereto. 
 Commissioner 24. No Commissioner ot sewers shall hold the office of 
 
 shall not be -i i n j. 
 
 clerk. clerk or collector. 
 
 Plans when ne- 25. When any commissioners of sewers, having the 
 oSue'd. 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 cedled upon, shall be bound 
 by such survey and plan. 
 Outerdiiespro- 26. Where any lands enclosed by dikes shall, by other, 
 enoioaed"byin- dikes erected outside the same, be enclosed and protected, ; 
 k^t^^repaii^ ^^^ Commissioner in charge of the lands reclaimed by outer 
 dikes shall call a meeting of the proprietors of the land 
 within the whole level contained and enclosed by the outer 
 dikes, who shall reside within the township or within ten 
 miles of the place where such lands lie, giving six days' 
 notice of the time and place of meeting to each proprietor 
 or his known agent; and two thirds in interest of such 
 owners or occupiers present, or, in case of their neglect, 
 then the commissioners shall elect not less than three nor 
 more than five disinterested freeholders, who, being sworn 
 before a justice, shall determine what proportion or degree 
 of benefit hath accrued or is likely to accrue to the old or 
 inner dikes and the lands lying within the same, from the 
 new or outer dikes, and shall settle and declare the propor- 
 tion of expense the proprietors of the lands within the old 
 dikes ought annually to contribute and be assessed towards 
 the maintenance and repair of the new dikes; and such 
 persons, or two thirds of them, shall make a report in writing 
 of their proceedings, which shall be entered in the book of 
 record for such outer dikes, and every sum or proportion 
 of expenses so settled and declared shall be borne upon the 
 lands within the inner dikes, and be assessed and collected as 
 other dike rates. 
 Outer dikes" 27. If such outer dikes shall at any time cease, in whole 
 tSunerdiE or in part, to protect such inner dikes, the lands within the 
 inner dikes shall not for such time contribute or be assessed 
 to the support or repair of the outer dikes. 
 
TITLE XX.] SEWERS — DIKE AND MARSH LANDS. 277 
 
 28. If at any time two thirds in interest of the proprie- Chap. 73-. 
 tors of the lands within the inner dikes shall be apprehen- proprietors in- 
 sive that the outer dikes are unsafe or out of repair, two 'erested in in- 
 thirds in interest of the proprietors of the whole level may take prMeeS^ 
 call upon one or more commissioners to examine the outer repairs ofMiter 
 dikes ; and if it appear to him or tl^em 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 dikes in a state of repair, as shall seem most 
 advisable. If the inner dikes be repaired, then the pro- 
 prietors of the lands enclosed thereby shall bear the 
 expense. 
 
 29. If any person shall pasture marshes or other lands Dikes injured 
 enclosed by a common dike, or without and adjoining such roa^sVow^re"' 
 dike, or shall make a road over such dike whereby it shall p^''^*- 
 
 be injured, the commissioners may make an 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 disobeying 
 the order shall forfeit for every offence ten shillings, which, 
 with the costs of the repair, may be recovered and applied 
 as other dike rates. 
 
 30. On application by any proprietor of marsh, swamp, AppiioaMons 
 or meadow lands, in writing, signed by him or his agent, to hovfolde-^duiy 
 the commissioners for a county or township in which the ?herMn.'^*'°"" 
 lands lie, or in case there has been a commissioner or com- 
 missioners selected by two thirds in interest for carrying on 
 
 work over the lands whereof the same forms a part, then to 
 such commissioner or commissioners, setting forth that the 
 same are frequently overflowed and rendered unproductive, 
 the commisssioners, or any three of them, or the commis- 
 sioner or commissioners so selected, as the case may be, 
 shall inquire into the merits of the application, and may 
 direct such lands to be drained by causing new or old drains 
 to be opened through the same or any adjacent land ; and 
 such commissioner or commissioners may order such mea- 
 sures as they may deem proper for rendering the lands 
 productive, and may require the proprietors or occupiers 
 of the lands through which the drainage shall be ordered, 
 to perform a just proportion of the labor necessary for the 
 purpose, and shall have power to tax all lands benefitted by 
 such drainage, and the proprietors or occupiers thereof, for 
 the expenses incurred, and for damage arising therefrom, 
 in proportion to the benefit to be received by such lands 
 respectively, by a rate according to the quantity and quality 
 of the lands owned by the proprietors respectively ; which 
 rate shall be levied and recovered as other dike rates are ; 
 but no such rate shall be payable until ten days after notice 
 given by the commissioner or commissioners, or his or their 
 
278 SEWERS — DIKE AND MARSH LANDS. [PART 1. 
 
 Chap. 73. collector or clerk, to the proprietors or occupiers, or their 
 known agents respectively, residing within ten miles of the 
 lands drained, of the amount thereof, or, in case of an appeal, 
 until after the decision thereon. 
 Making, alter- 31. Two-thirds in interest of the proprietors of any body 
 if 'thro' dukeci of marsh, diked or undiked, may, on application in writing, 
 lands. specially require the commissioners of sewers having such 
 
 land in charge, or in case there be none, may select any 
 other commissioner for the purpose of making, repairing, or 
 altering any private roads or bridges leading through or 
 across the same, which such majority of two-thirds in inter- 
 est may deem expedient or advantageous ; and the commis- 
 sioners so appointed or required may call upon the proprie- 
 tors 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 
 dike rates. 
 Flowing diked 32. On application in writing, two-tliirds in interest of 
 Ian 8. ^^ proprietors of any part or portion of any diked 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 themselves 
 from the same county or town, to proceed immediately and 
 set off such part or portion into a separate body, and dike 
 out such part or portion for the purpose of flowing the 
 same ; and such commissioner may require the proprietors 
 or occupiers of such lands to furnish their proportions of 
 labour and rnaterials necessary to erect a division dike for 
 that purpose, and shall assess them for the expenses and 
 damages thereof according to the benefit to be received by 
 such flowing : provided always, that whenever it shall 
 appear to any commissioner of sewers adjoining such flowed 
 lands, that such division dike is insufficient, and such lands 
 adjoining are endangered thereby, it shall be lawful for«uch 
 commissioner to repair such division dike, and collect the 
 expenses thereof from the proprietors of the land so diked 
 out. 
 Expenses, how 33. The expenses of repairing the dike cut for such 
 home. flowing shall be borne by the proprietors of the land so 
 
 diked out and flowed. 
 Proprietors dia- 34. If any proprietor or occupier taxed, shall within 
 vates^mayhave soven days after being notified thereof, give notice to the 
 ^en"^ whosedeoi- Commissioner or commissioners in writing, signed by hiinself 
 sion shall be or his agent, that he is dissatisfied with the rate, such com- 
 
 final. . . " ' . . , ,, ,, ' 
 
 missioner or commissioners shall summon the owners or 
 occupiers of such lands, or their known agents, or such ot 
 them as shall reside within ten miles of the work, to meet 
 at a certain place and on a certain day, being at least three 
 days, exclusive of Sunday, a,fter service of such summons, 
 when a majority in interest of those present shall elect not 
 
TITLE XX.] SEWERS — DIKE AND MARSH LANDS. 2T9 
 
 less than three nor more than five disinterested persons as Chap. 73. 
 
 assessors ; and the assessors, or a majority of them, having 
 
 been first sworn into office in the same way as the clerk, 
 with such commissioner or commissioners, shall assess such 
 owners or occupiers for the expenses incurred, including a 
 sum not exceeding seven shillings and six pence a day for 
 each assessor while actually employed ; and the decision of 
 the assessors, or any three of them, shall be final. 
 
 35. In case the proprietors neglect to meet at the time Mode of pi-oce- 
 and place appointed, or to appoint assessors, or in case the provisTms^of"' 
 assessors or a majority of them neglect to perform the ^^J^f oomp™ed™ 
 duties imposed upon them, the commissioner or commis- with, 
 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. 
 
 36. When the land of any proprietor within such marsh, S,n™fofpersons 
 swamp, or meadow land, other than that of the applicant, not applicants, 
 shall have been injured by such drainage or other measures assesaad"^ 
 ordered, the damage shall be valued, assessed, and paid in 
 
 the same manner as directed for the expenses incurred in 
 such drainage. 
 
 37. Where any diked marshes are owned by two persons Cases of two 
 in such proportions that neither is interested to the extent ne?&"r owning 
 of two thirds, either party may require one or more com- pTo^ded'for.*"'. 
 missioners to take charge of and carry on any work neces- 
 sary for repairing the dikes thereof. 
 
 38. If any owner or occupier of land think himself •'rtiorari for 
 
 . . . . rsinovin^' pro- 
 
 aggrieved by the proceedings of the commissioners, or of eeedings'into 
 any person acting under this chapter, he may remove the ^"p^^"'^ """^"^ • 
 proceedings of such commissioners by certiorari into the 
 supreme court, where they shall be examined, if necessary, 
 and such determination made as shall be proper; but 
 sufficient security shall be first given by the applicant to 
 the prothonotary of the court for payment of costs to be 
 awarded and ta:?ced. 
 
 39. All clerks, collectors, overseers, and assessors, who anTothCTS^ 
 shall neglect or refuse to comply with their duties, shall be oers neglecting 
 liable to a fine of ten shillings for each offisnce, to be col- ^ ^' 
 lected and appropriated as other fines under this chapter. 
 
 40. Every notice required to be given, unless herein yertaf uSs'^ 
 otherwise directed, may be a verbal notice to be given to otherwise speoi- 
 the parties in person, or left at their dwelling houses if 
 
 known, and within the distance limited in this chapter. 
 
 41. T^wo thirds in interest of the proprietors of any pTOpJilt^^s °^ 
 marsh, swamp, or meadow land, may make choice of a collec- may choose ooi- 
 
 , . ' ^' . 1 r. T lectors & other 
 
 tor, overseers, and assessors ; may order, confarm, or dis- officers, settle 
 allow any plan of lands, and settle the wages to be paid to &'a!'&a^ ^*°'" 
 or for the collector, overseers, laborers, carts, or teams, and 
 
280 COMMONS. — COMMON FIELDS. [PAET I. 
 
 Lhap. 74. jjjg price to be paid for inaterials,*and cause the same to be 
 entered in the book of record for the guidance of the com- 
 missioners. 
 commiBsioner. 42. No Commissioner shall be liable for any act of his 
 
 liow far liable , • jv ^ l i • i • i. t_ 
 
 forhiaprodeoes- predecessors in oince about any work m which such com- 
 
 sor'a acts. m,issioner is engaged, unless for money he might or could 
 
 haVe collected on account of work done by his predecessors. 
 
 CHAPTER 74. 
 
 OF COMMONS. 
 
 Sessions to hftTe 1. The sessions shall make regulations respecting com- 
 
 ment°oTeom- mons in the several townships, and enforce the same by 
 
 mens. penalties, not exceeding forty shillings ; and they shall have 
 
 the general management of the commons, and the control 
 
 of the supervisors in the discharge of their duties in 
 
 relation thereto. 
 
 Halifax com- 2. Nothing in this chapter contained shall extend to the 
 
 mens regulated city of Halifax, uor to any commons regulated by a special 
 
 exempted; '"''' act remaining unrepealed. 
 
 CHAPTER 75. 
 
 OP COMMON FIELDS. 
 
 Linesandbonn- 1. Each proprietor of lands lying unfenced, or in a com- 
 
 ijiines how kept ^^^ field, shall oncc in two years, on six days' notice given 
 
 him or his agent by the adjoining proprietor, run the lines, 
 
 and make and keep up the boundaries of such lands, by 
 
 stones or other sufficient marks ; and any person neglecting 
 
 so to do shall forfeit twenty shillings. 
 
 Keguiations to 2. The proprietors of common fields shall meet annually 
 
 !lciai'"'''annuai Oil the first Monday of September, or on some other day to 
 
 meeting. ])q appointed at a general meeting, at some convenient place, 
 
 and by vote of a majority in interest of those present, may 
 
 make regulations respecting the managing, fencing, and 
 
 improving the same, and keeping the fences thereof in repair, 
 
 and the making and repairing of roads and bridges in and 
 
 across such common fields, as may from time to time appear 
 
 expedient. * 
 
 Regulations to 3. The regulations shall be entered in a book to be kept 
 
 lereooided. f^j. the purpose, and shall be signed by the chairman of the 
 
 meeting ; and the production of the book, and proof of the 
 
TITLE XX.] COMMON FIELDS. 281 
 
 entry maxie thereiH, shall be sufficient evidence of the regn- Chap. 75. 
 iations. — 
 
 non- 
 
 4. If any person shall not comply with the regulations, oimpUanoe 
 he shall forfeit a sum not exceeding ten shillings. with reguia^ 
 
 5. In addition to any penalty imposed by this chapter, Proceedings to 
 if any proprietor shall, after three days' notice from another uon^f f^* ef*" 
 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 
 fio refusing shall pay double the expense to the fence-viewer. 
 
 6. Everj' brand or mark adopted by the proprietors of Brands to be en- 
 
 c ij 1 i.1. • w- /• 1 J- 1 *«"* inolerk'8 
 
 any common neld by their regulations, tor branding or mark- book; feethere- 
 ing animals to be turned thereon, before being used, shall *°'' 
 be entered in the town clerk's book, and he shall receive 
 one shilling therefor. 
 
 7. The town clerk, after entry of such brand or mark, Kneforasecond 
 shall not enter any other brand or mark similar thereto, maX ° °*°" 
 under a penalty not exceeding ten pounds. 
 
 8. If any proprietor of a common field, or any person by Fine for nnau- 
 his direction, shall with a brand or mark not recorded or counterfeit' 
 entered by the town clerk, brand or mark any animal for ^r*"^- 
 
 the purpose of turning the same into a common field, or 
 shall counterfeit any such brand or mark for the purpose 
 of branding or marking any animal, every person so offend- 
 ing, or being accessory thereto, shall forfeit a sum not 
 exceeding five pounds. 
 
 9. Every proprietor of any field adjoining a common field, comp^'propri- 
 enclosed and improved, in case his part of the fence divi- etoroMjoining 
 ding his land from such common field shall become defective, hi* fences, 
 shall immediately make the same a legal fence ; and in case 
 
 of his neglecting so to do within three days after notice 
 given him by the field keeper or any proprietor, any fence- 
 viewer, on application, may forthwith cause the same to be 
 repaired ; and the person who ought to have repaired the 
 same shall pay double the expense thereof to the fence- 
 viewer. 
 
 10. If any proprietor in a common field shall desire to Proprietors in 
 have his land separately fenced, he shall, unless otherwise desirous of fen- 
 assented to by two-thirds in interest of the whole proprie- tho^'4hoie''S- 
 tors, bear the whole expense of fenciusr the same, and shall pense, unless 
 
 , ,' J.I in • ■ i T_- • J- -J 1 two-thirds min- 
 
 be bound to keep such fence in repair at his indiviaual terest consent. 
 expense. 
 
 11. At the annual meeting the proprietors shall appoint committee of 
 from among themselves a committee of not less than three, h^^appofn*ed; 
 nor more than five, to carry into effect the regulations made their(fiity. 
 respecting such common field for the ensuing year. 
 
 12. Whenever the committee shall find it necessary to instructions as 
 raise money to carry into effect any regulation not applying for varfo^ pur- 
 to the making or repairing of roads or bridges in or across p°^^'- 
 such common field, they shall assess the amount on the 
 
282 COMM0X FIELDS. [PAP.T I. 
 
 Chap. 75. several proprietors or occupiers of the common field, by 
 
 an even and equal rate, according to the quantity and quality 
 
 of land held ; and in cases of regulations applicable to the 
 
 making and repairing of roads and bridges in or across such 
 
 common field, the committee shall assess the amount on 
 
 the proprietors or occupiers, by an even and equal rate, 
 
 according to the benefit to be derived from such roads and 
 
 bridges by each proprietor or occupier respectively. 
 
 extendto^Rrand ^^- '^^^ ^^^^ section shaU not extend to any common 
 
 I'lairie, &e, field on the Grand Prairie or Wickwire dikes in Horton, but 
 
 the committee, for any common field on such dikes, shall 
 
 have power to make and repair aU fences, gates, roads, and 
 
 bridges in, across, or around the same, to call meetings of 
 
 the proprietors, giving three days' notice to all proprietors 
 
 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 
 
 Power of com- said dikes of such expence ; and the commissioners shall 
 
 mitteo sue jjjgj^jg ^}jg amouut in any sum of money, to be by them 
 
 assessed upon the proprietors of such dikes, as ordinary 
 
 dike rates, and shall apply such amount in payment of the 
 
 expenses incurred, as certified by such committee. 
 
 CoHectors ap- 14. The committee may, by writing, appoint a person to 
 
 pointed by com- n , r ,1, .,•"■' 9' ^5^, ^ , 
 
 mittee ; tiieii coUect Irom the proprietors or occupiers the several sums 
 '*"*y' assessed upon them respectively ; and the collector, upon 
 
 neglect of any party assessed to pay the amount for which 
 he shall have been rated, after due notice of such assess- 
 ment, may collect the same, as if it were a private debt due 
 him. 
 c^m°mnteltobe ^^- '^^^ Committee may include in any sum to be 
 included in as- asscssed, five shillings for the attendance of each of their 
 essmen . number, for every day actually employed in carrying the 
 regulations into effect. 
 
title xxi.] shipping and seamen. 283 
 
 Chap. 76. 
 
 f ~- 
 
 TITLE XXI. 
 
 OP THE" REGULATION OF TRADE IN CERTAIN CASES. 
 
 CHAPTER 76. 
 
 Part tlie First. 
 
 OP SHIPPING AND SEAMEN, /i*-'--'-^'^^'^ 
 
 1. Examinations shall be instituted for persons wlio are Examination of 
 or intend to become masters or mates of foreign going matelo^ffOToign 
 ships, registered in and belonging to this province, in accor- going ships. ° 
 dance with the provisions of part third of the imperial act 
 
 entitled, "the merchant shipping act, 1854." 
 
 2. The governor in council may appoint local boards of Appointment of 
 examiners at such ports in this province as he may deem exaiainOTs— "^ 
 necessary, for the purpose of conducting such examinations ; Guidance ^"''^ 
 and may lay down, for the guidance of such boards, such ° 
 
 rules and regulations as respect the examinations and quali- 
 fications of the applicants as shall, as nearly as possible, 
 correspond and be consistent with the rules and regulations 
 in that behalf required by the merchant's shipping act, and 
 such rules and regulations shall in all respects be. strictly 
 adhered to by such boards of examiners, under a penalty of Penalty for 
 
 fc/ / X V nTftfliPii C\\ mips 
 
 twenty-five pounds for any deviation therefrom. 
 
 -3. In addition to the local boards mentioned in the pre- Central board— 
 ceeding section, the governor in council may appoint a oFf fti'noUoM of, 
 board at Halifax, to be called, " the central board of exami- *"• 
 ners," and such central board, shall have and exercise the 
 functions of the board of trade, under section 134 of the 
 imperial act hereinbefore refej-red to, and they shall report 
 half yearly to the board of trade. 
 
 4. The local boards of examiners shall duly examine each Certificates of 
 applicant in strict compliance with the rules laid down for how'grantMi. 
 their guidance in that behalf; and if such applicant shall 
 pass a satisfactory examination as regards his sobriety, 
 experience, ability, and seamanship, a testimonial shall be 
 given to him by such local board to the efiect that he is com.- 
 potent to act as a master, or as first, second, or only mate of 
 such foreign going provincial ship ; and on such testimonial 
 being presented to the central board, such board shall grailt 
 a certificate of competency, to the effect that he is compe- 
 tent to act as master, first, second, or only mate of such 
 foreign going ship, as the case may be, and containing the 
 other particulars required by such imperial act; and such privileges of 
 certificate shall entitle -the recipient to all the rights and tSoiTes.'''^ °"" 
 privileges enjoyed in that behalf by persons to whom cer- 
 
284 SHIPPING AND SEAMEN. [PART I. 
 
 Chap. 76. tificates of a similar kind were granted under sections 134 
 "r — — and 135 of the act hereinbefore referred to. * 
 
 No foreign go- 5. After ths Seventh day of May, 1859, no provincial 
 to'aca'uniess^" foreign going ship shall go to sea from any port in this pro- 
 matel" Msess vince, unless the master thereof and the mates thereof have 
 certificate. obtained and possess certificates of competency, as pro- 
 vided in the preceding section ; but nothing in this section 
 shall apply to provincial ships trading with the United 
 States of America, British American Colonies, or British 
 and Foreign West Indies, 
 certifloatetobe 6. All Certificates shall be made in duplicate, and one 
 part thereof shall be kept and recorded in the ofiice of the 
 central board, and the other shall be delivered to the party 
 Penalty for ai- entitled thereto ; and every person fraudulently procuring, 
 ^rt^cato!' ^"^ obtaining, or altering such certificate, or permitting the 
 same to be used by any other person, shall for each offence, 
 be deemed guilty of a misdemeanor. 
 Fees. 7. Each applicant for a master's certificate shall pay a 
 
 fee of forty shillings, and each applicant for a mate's certifi- 
 cate shall pay a fee of twenty shillings, to the local board 
 of examiners ; one half of such fees to be paid in advance 
 on the application being made, and the other half on 
 ProTiao. receiving the certificate : provided, that if such applicant 
 
 sh^U not pass his examination, he shall forfeit the sum so 
 paid in advance. 
 Cases in which 8. If the Central board or local board of examiners have 
 b^cSeUed'or reason to believe that any master or mate is, from incompe- 
 suapended. tency or miscouduct, unfit to discharge his duties, they may 
 direct any two justices of the peace and one member of the 
 local board to investigate the same ; and thereupon such 
 justices may summon such master or mate to appear before 
 them, and shall give him full opportunity of making a defence, 
 and they shall report the result of their investigations to 
 the central board ; and such central board shall have power 
 to cancel or suspend the certificate of competency of such 
 master or mate, should the result of the investigation 
 reported to them in their judgment justify such a course. 
 Justices may The lustices, for the purpose of such investigation, shall 
 
 compel attend- i .i p ii' i_t_ ^ i *. 
 
 ance of witness, iiave trie power of compelhng attendance of witnesses. 
 Shipping arti- 9. The master of any vessel registered in and belonging 
 calesnee^^aJyj *« t^is province, trading to parts out of the province, shall 
 toT *^°"tt " t°' "^^^ carry to sea, as one of his crew, any person, apprentices 
 tion,'&o. excepted, without entering into an agreement in writing 
 
 with such persons specifying what wages he is to receive, 
 the capacity in which he is to act, and the nature of the 
 voyage intended. The agreement shall contain the date 
 when made, and shall be signed by the master, in the first 
 instance, and by each person shipped, at his port of ship- 
 ment : — it shall be in the form, and shall contain, as far as 
 possible, the particulars in the schedule hereto annexed ; 
 and a copy, attested by the signature of the master, shall, 
 
TITLE XXI.] SHIPPIKG AND SEAMEN. 285 
 
 on reporting the arrival of the vessel, be deposited in the Chap. 7G. 
 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 for ship- 
 such person, apprentices excepted, without having entered oonfrary to™he 
 into the agreement hereby required, shall forfeit five pounds ^7 non'iompii- 
 for every such person ; and the master not depositing, as ano^ witu its 
 hereby required, a true copy of the agreement, shall forfeit ^''''^'^"'°" 
 five pounds. : 
 
 11. The entering into the agreement shall not deprive Articles not to 
 any seaman of his lien on the vessel, or of any legal remedy ifeTfo/wa^es.'^ 
 for the recovery of his wages : no agreement made con- 
 trary to the above provisions, and no clause depriving sear 
 
 men of their right to wages in the case of freight earned, 
 by a vessel subsequently lost, shall be binding on the seei- 
 man. No seaman shall be obliged to produce the agree- 
 ment, or a copy of it, to support his claim for wages. 
 
 12. If a seaman having signed the agreement hereby Proooedinge 
 required, shall not join his vessel, or shall refuse to proceed ^^86 toT?n 
 to sea in her, or shall absent himself therefrom without ^^l^^^ei"^^ 
 leave, any justice of the peace near the place shall, upon 
 complaint made upon oath by the master, mate or owner^ 
 
 by his warrant, cause such seaman to be apprehended and 
 brought before him ; and if such seaman shall not satisfy 
 the justice as to such neglect, refusal or absence, the justice 
 shall, upon due proof, commit such seaman to jail, there to 
 be kept at hard labor, for a period not exceeding thirty 
 days ; but if such seaman shall consent to join his vessel 
 and proceed on the voyage, the justice if requested by the 
 master, shall, instead of committing* such seaman, cause him 
 to be conveyed on board the vessel, or delivered to the mas- 
 ter, and shall award to the master the costs incurred in 
 such apprehension, not exceeding the sum of two pounds, 
 exclusive of jail fees, which shall be deducted from the 
 wages to grow due to such seaman. 
 
 13. If anv seaman having; received an advance on his sureties liable 
 
 i-. < . , , ° j.ji' 1 for advance and 
 
 snippmg, and signing the agreement, and lor whom any expenses where 
 person shall have become sufety, and as such subscribed to^prooeel'^^on 
 the agreement, shall not proceed on the voyage, such surety ti^e voyage. 
 shall repay such advance ; and if the master or owner shfll 
 be compelled to procure another seaman, and thereby incur 
 additional expense, the surety shall also repay the same — -. 
 provided it do not exceed half the sum originally advanced. 
 
 14. The party becoming surety shall subscribe his name Execution of ar- 
 to the agreement in the proper column thereof, opposite to adilnoef how'' 
 the name of the seaman for whom he becomes surety, and "henarfeited'^ 
 such signature shall render him liable to the extent above 
 declared ; and the amount shall be sued for as debts of the 
 
286 SHIPPING AlfD SEAMEN. [PAET I. 
 
 Chap. 76. like amount by the law are ; and on production of the agree- 
 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 extent above named, together with costs, as allowed 
 by law in cases of debts of the Hke amount. 
 I'prfeitnres in- 15. If any Seaman after having signed the agreement, 
 men for absence and during the period for which he has agreed to serve, 
 fence3°'mode'of shall, without leave, absent himself from the ship, or from 
 proot ]iig duty, he shall, in cases not of absolute desertion, or not 
 
 treated as such by the master, forfeit out of his wages, to 
 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, neglect- 
 ing to perform the duty required by the person in command, 
 shall be subject to a like forfeiture 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 sear 
 man's absence or neglect, and the time and duration thereof 
 be entered in the log book ; this entry the owner or master 
 shall, in cases of dispute, be obliged to substantiate by evi- 
 dence of the mate, or other credible witness. 
 Modeofeompu 16. Where the seaman has contracted by the voyage or 
 whlre'^^agree"-" ^7 ^^^ ^^^t ^^^ amount of forfeitures shall be ascertained 
 ment is by the ^j^us : — If the duration of the voyage shall exceed one 
 month, the forfeiture of one month's pay shall be considered 
 a forfeiture of a sum bearing the same proportion to the 
 whole wages as a month bears to the whole time spent in 
 the voyage ; a forfeiture of two days' pay, or less, shall be 
 considered a forfeiture of the sum bearing the same propor- 
 tion to the whole wages as that period bears' to the time 
 spent in the voyage ; if the whole time does not exceed one 
 month the forfeiture of one month's pay shall be considered 
 a forfeiture of the whole wages ; if such time does not 
 exceed two days, the forfeiture of two days' pay shall be 
 considered a forfeiture of the whole wages. The master 
 shall deduct all forfeitures from the wages of the seaman 
 incurring the same. 
 Forfeiture ia 17. A seaman deserting his vessel shall forfeit to the 
 owner or master aU his effects remaining on board, and the 
 wages due to him ; provided the circumstances of the deser- 
 tion be at the time entered in the log-book, certified by the 
 signature of the master and mate, or other credible -svitness. 
 
 case of deser- 
 tion. 
 
TITLE XXI. J SHIPPING AND SEAMEN. 287 
 
 The absence of a seaman witliin twenty-four hours imme- Chap. 76. 
 diately preceding the vessel's sailing, without leave of the 
 master, or at any time under circumstances shewing an 
 intention not to return, shall be considered an absolute 
 desertion ; and if such desertion shall take place out of this 
 province, and the master shall be obliged to engage a sub- 
 stitute for the deserter at an increased rate of wages, he 
 shall recover from such deserter the excess of wages paid 
 to such substitute as wages are hereby made recoverable. 
 
 18. Any person harboring or secreting a seaman who Harboring or 
 shall have signed the agreement hereby required and menfh?>w ^pun- 
 absented himself from his vessel without leave, knowing or jf^i^^j* ' ^0™^",! 
 having reason to suspect him to be so absent, shall forfeit wWreoovera- 
 twenty shillings. No debt over five shillings incurred by a 
 
 seaman after signing the agreement shall be recoverable 
 until the conclusion of the voyage. The keeper of a public 
 house shall not detain any effects of a seaman for any debt 
 contracted by him. In case of such detention, any justice 
 shall, on complaint on oath by or on behalf of such seaman, 
 inquire into the matter, and he may, by warrant, cause such 
 effects to be delivered to such seaman. 
 
 19. The master or owner shall pay every seaman his seamen's wagea 
 wages, if demanded, within three days after the delivery of recoverable!'"^ 
 the cargo, or ten days after the seaman's discharge, which- 
 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 
 exceeding 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. 
 
 20. The payment of wages to a seaman shall be valid ^*e^vaud''not- 
 notwithstanding any bill of sale or assignment thereof, or withstanding 
 any attachment or incumbrance thereon. No assignment ment3."^^^"°"' 
 or sale of wages made prior to the earning thereof, and no 
 
 power of attorney to receive wages expressed to be irre- 
 vocable, shall be valid or binding on the party making it. 
 
 21. A seaman shall on his discharge, be entitled to a seamen enti- 
 certificate, signed by the master, of his period of service, eito-''fine^'^'for 
 and the time and place of his discharge ; and a master refu- refusing, 
 sing such certificate, without reasonable cause, shall forfeit 
 
 five poimds. 
 
 22. u a seaman, having been three days discharged, Proceedings for 
 and desiring to proceed again to sea, shall require imme- ^amln'* about 
 diate payment of his wages,— any two justices on his appli- voyase?*"^"" " 
 cation, and proof that delay would hinder him of employ- 
 ment, shaU 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 forth- 
 
288 
 
 SHIPPING AND SEAMEN. 
 
 [PART I. 
 
 Chap. 76. 
 
 Wages how col 
 lected when 
 under twenty 
 pounds. 
 
 Jury allowed. 
 
 .Costs to be dis- 
 allowed in the 
 vice admiralty 
 wliere wages 
 might be reco- 
 vered before a 
 justice. 
 
 IVIedicines to be 
 ke]'t on board 
 
 with ; and in default of such payment the master or owner 
 shall forfeit five pounds. 
 
 23. When the wages due to a seaman do not exceed 
 twenty pounds, any two justices in the neighborhood, on 
 complaint upon oath, by or on behalf of such seaman, shall 
 summon the master or owner to appear and answer such 
 complaint ; and on his appearance, or in default thereof, on 
 proof of his having been summoned, the justices shall, on 
 the oath of 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 deduct- 
 ing the expense attending the complaint, and the distress 
 and levy ; and if sufBcient distress be not found, they shall 
 cause such wages and expenses to be levied on the vessel ; 
 and if she be not within their jurisdiction, they shall cause 
 the party on whom the order was made to be committed to 
 jail, there to remain until payment of the amount awardedj 
 and all costs and expenses. The award of such justices 
 shall be final and conclusive. 
 
 24. A jury shall be allowed in the trial of causes under 
 this chapter, according to the provisions of chapter one 
 hundred and thirty-one. 
 
 25. If a suit lor the recovery of a seaman's wages be 
 brought in the court of vice admiralty, or any court of 
 record of this province, and it shall appear to the judge 
 that the plaintiff might have had as effectual a remedy by 
 complaint to a justice, as above directed, he shall certify to 
 that effect, and no costs of suit shall be awarded the 
 plaintiff. 
 
 26. The master of every such vessel shall constantly 
 keep on board a sufficient supply of medicines, suitable to 
 accidents and diseases arising on sea voyages , and in default 
 thereof, or in case a seaman shall sustain injury in the ser- 
 vice of the vessel, the expense of the surgical and medical 
 advice and attendance and medicine he shall require, until 
 he is cured or returns, shall be borne by the owner or mas- 
 
 the vessel, without any deduction on account of 
 
 Crews dischar- 
 gfd abroad only 
 un certiiicate. 
 
 ter of 
 wages. 
 
 27. No such master shall discharge any of his crew at 
 any British port out of this province without the sanction 
 in writing, of the officer appointed in that behalf, orgaf the 
 principal officer of the customs, or of two respectable mer- 
 chants resident there; nor at any foreign port without the 
 sanction in writing of the British minister, consul, or vice 
 consul there, or of two respectable resident merchants ; any 
 of whom may make examination on oath, and grant or refuse 
 a certificate of such sanction, according to their discre- 
 tion. 
 
 ) 
 
tified. 
 
 XITLE XXI.] SHIPPING AND SEAMEN. 289 
 
 28. No such master shall leave at any place abroad, Chap. 76, 
 either on shore or at sea, any of his crew as unfit to pro- crews not to be 
 ceed on the voyage, or having deserted or disappeared, Jlfg ^o^^oo^"" 
 without having obtained a certificate, as in the foregoing cause duly oer- 
 section, approving thereof, if there be any such persons 
 to apply to for that purpose ; and such persons may make 
 examination on oath, and grant or refuse such certificate 
 according to their discretion. 
 
 29. In any action brought for violation of this or the in case of action 
 preceding sections, it shall be incumbent on the master to proof as to°oer- 
 prove his having obtained the certificate thereby required, npon*the*°maa*- 
 or prove the impracticability of obtaining such certificate, 'c- 
 
 30. Nothing herein shall prevent the entry of any per- Entering the 
 son belonging to any merchant ship into her majesty's naval "haiVnorbe* 
 service, — such entry shall not be a desertion, and shall not ^^^^ desertion. 
 incur any forfeiture whatever. No clause creating a penalty 
 
 or a forfeiture for such entry shall be inserted in any ship's 
 articles. 
 
 31. A seaman received into such service from a mer- Seamen's rigiit 
 
 1 11- • 1 n 1 ^ • ^^ wages and ef- 
 
 chant vessel, not having committed an act oi total desertion, leots when en- 
 treated as such by the master, shall, on such entry, receive vaYsfrvice. °* 
 all his effects from such vessel, and if she shall have earned 
 freight, the proportionate amount of his wages, from the 
 master up to such entry, in money or a bill on the owner. 
 For failure to deliver such effects and money, or bill, the 
 master shall forfeit twenty-five pounds. If no freight has 
 been then earned,, the master shall give to the seaman a bill 
 on the owner for his wages then due, payable on the ship's 
 arrival at her destined port. If he be unable to ascertain 
 the amount, he shall give to the seaman a certificate of his 
 period of service, and the rate of his wages, and shall pro- 
 duce to the officer commanding such ship of war, the ship- 
 ping agreement. On such delivery of the seaman's effects 
 and settlement of his wages, the officer commanding shall, 
 on request of the master, give him a certificate under his 
 hand endorsed on the agreement of the entry of the sea- 
 man into such ship of war. 
 
 32. The court or iustices before whom proceedings are Court's power 
 
 ^ T , t ^ n i,-ii* 1 to I'educu penal - 
 
 l)rougnt for recovery of penalties herebj' imposed, may tics; limitations 
 make such reduction therein, not exceeding one half of the "'■' "'"""is- 
 original amount, as they think fit. All such proceedings 
 shall be commenced within tAVO years after the offence ; or 
 if committed without the province within six months after 
 the return thereto of the offender. 
 J 33. The foregoing sections shall not extend to any ship n°t ^ffef t'LTty 
 
 / trading coastwise between the ports of this province, or to tins chapter. 
 
 I any regarded as coasting vessels by any law of this pro- 
 
 Y vince. 
 
290 SHIPPING AND SEAMEN. [PABT I. 
 
 Ch ap. 76. Scliedule in this chapter referred to. 
 
 mont "'' '^^^^' ^^ agreement made pursuant to chapter seventy-six, title 
 twenty-one, of an act of the general assembly of Nova 
 Scotia, passed in the fourteenth year of the reign of her 
 
 majesty queen Victoria, between , master of the 
 
 ship , of the port of , of the burthen of 
 
 tons, and the several persons whose names are subscribed 
 hereto. 
 
 It is agreed by and on the part of the said persons, and 
 they severally hereby engage to serve on board the said 
 ship in the several capacities against their respective names 
 
 expressed, on a voyage from the port of to , 
 
 [here the intended voyage is to he described as nearly as can 
 be done, and the places at which it is intended the ship shall 
 touch, or if that cannot be done,, the nature of the voyage 
 in luhich she is to he employed,] and back to the port of 
 ; and the said crew further engage to conduct them- 
 selves in an orderly, faithful, honest, careful, and sober 
 manner, and to be at all times diligent in their respective 
 duties and stations, and to be obedient to the lawful com- 
 mands of the master in every thing relating to the said ship, 
 and the materials, stores and cargo thereof, whether on 
 board such ship, in boats or on shore. [Here may be inserted 
 any other clause which the parties may think proper to be 
 introduced into the agreement — prQvided that the same be not 
 contrary to and inconsistent with this act.} In consideration 
 of which services to be duly, honestly, carefully, and faith- 
 fully performed, the said master doth hereby promise and 
 agree to pay the said crew, by way of compensation or 
 wages, the amount against their names respectively ex- 
 pressed. In witness whereof, the said parties have hereto 
 subscribed their names on the days against their respective 
 signatures mentioned. 
 
 f 
 
 I 
 
TITLE XXI.] 
 
 SHIPPING AND SEAHEN. 
 
 291 
 
 
 1 
 
 2 
 
 a 
 
 H 
 
 ► 
 as 
 
 
 
 1^ 
 
 K 
 H 
 
 
 "0 ■ 
 
 • 
 
 5- 
 
 
 H 
 
 
 i 
 
 
 •r 
 
 
 o'B' 
 
 .=■0 
 
 ■ - ■ , 
 
 c 
 
 
 Amount of wages per 
 
 calendar month, share 
 
 or voyage. 
 
 
 it- 
 
 
 1^ 
 
 
 Name of ship in 
 
 which seaman 
 
 last served. 
 
 Chap. 76. 
 
 19 
 
292 eegistry of ships. [pabt i, 
 
 Chap. 76. 
 
 CHAPTER 76. 
 Part the Second. 
 
 OP THE KEGISTET OF SHIPS. • 
 
 Appointmentof 1. The governor in conncil may appoint for erery port, 
 registrars. ^^^ which they deem it expedient to authorise the registry 
 of ships, a principal officer of cnstoms, and of navigation 
 laws, who shall be the registrar for all the purposes con- 
 templated by the imperial act, entitled, "the merchant's 
 shipping act, 1854." 
 Appointmentof 2. The governor in conncil may appoint at every snch 
 eurTeyor. port, and at any other port or ports m the province, an 
 
 officer to superintend the survey and admeasurement of 
 ships in conformity with the said act, and the same person 
 may be appointed both the registrar and surveyor at any 
 such registry port. 
 Salaries of re- 3. Such registrars and surveyors shall receive for their 
 lirreyors!'"^ Services, in addition to any fees by law allowed, such sums 
 
 as may be annually granted by the legislature. 
 Surveyor's fees. 4. Such surveyor shall be entitled to fees for the mea- 
 surement of every vessel about to be registered for the first 
 time, or requiring measurement for the purposes of registry; 
 which fees shall be paid by the registered owner as follows : 
 ten shillings for vessels under one hundred tons } fifteen 
 shillings for vessels from one hundred to two hundred tons; 
 and twenty shillings for vessels over two hundred tons ; six 
 pence per mile for travelling fees going and returning. 
 Part of "mer- 5. So much of the act entitled, "the merchant shipping 
 act," 8M,'^re'°^ act 1854." as is inconsistent with this act, is hereby repealed 
 pealed. ^^ ^q ships registered in this province. 
 
 Netr certiftcate, 6. In the event of the certificate of registry of any ship 
 lowgran . jjging mislaid lost or destroyed, the registrar of the proper 
 port shall grant a new certificate, as the case may require, 
 on proof by affidavit of the original certificate having been 
 mislaid, lost, or destroyed. 
 Endorsement of 7. Collectors of colonial duties shall have the same 
 change of mas- p^^gj. ^q endorsc from time to time on the certificate of 
 registry of any 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 parliament, entitled " the merchant ship 
 ping act, 1854. 
 
title xxi.] wrecks and wrecked goods. 293 
 
 Chap. 77. 
 CHAPTER 77. 
 
 OP WRECKS AND WRECKED GOODS. 
 
 1. All ships, and goods of every description, wrecked. Wrecked shipa 
 abandoned, or forced on, or within the soundings or shores, "or, Ind^bV'""'' 
 or found floating in the bays or rivers of this province, shall wt'om preeer- 
 be preserved for the owners thereof; and persons finding 
 
 such wrecks or goods shall immediately give notice thereof, 
 either to the sheriflF, coroner, officers of customs, officers of 
 impost and excise, or a justice, which ever shall be nearest 
 at hand ; who shall or a majority of them if more than one, 
 attend forthwith and take all necessary measures for pre- 
 serving such ship or goods. 
 
 2. Any justice upon information on oath made before Prooeedingg 
 him, that any such goods have been carried away and con- rn^aaes'orto- 
 cealed, shall issue his warrant to search all places where f^^°sorco^»i. 
 they are suspected to be concealed, and commit to jail any goods, 
 person who shall appear to have wilfully concealed the 
 
 same, there to remain until delivered by due course of 
 law. 
 
 3. Any of the officers hereinbefore named, when any vessels in di»^ 
 vessel shall be in danger, or shall be driven on shore, or 'dTsaivagl'iB 
 discovered floating, may command as many men of the such cases how 
 neighborhood as may be necessary, to assist in preserving * ^"^ 
 
 the lives of the people and the property on board such ves- 
 sel ; and may order the person commanding any vessel at 
 anchor to furnish his boats, and as many men as he can con- 
 veniently spare, and such men are hereby required to give 
 their assistance accordingly. Any person disobeying any 
 such orders shall, upon information on oath before any 
 justice, be committed to jail for trial, unless good security 
 be given for his appearance at the next term of the supreme 
 court for the county; and upon conviction of such offence, 
 he shall be subject to a fine not exceeding fifty pounds, or 
 imprisonment for a term not exceeding six months, at the 
 discretion of the court ; but any person giving assistance 
 to the people, or towards preserving any property on board 
 any ship in danger of being wrecked, or towards the preser- 
 vation of any property found floating, or cast on shore, shall 
 within thirty days from the performance of such service be 
 paid a reasonable reward therefor by the commander of the 
 vessel, or owner of the property preserved ; and in default 
 of such payment, the property preserved shall remain in the 
 custody of any of the hereinbefore named officers until such 
 charges be paid ; — and all persons who aid in such preser- 
 vation shall be reasonably remunerated for their services, 
 unless it appear that during the time of the performance 
 thereof, they have been guilty of dishonesty, disobedience, 
 
294 WRECKS AND WRECKED GOODS. » [PAET I. 
 
 Chap. 77. or disorderly conduct ; and the officer, if any such, who shall 
 attend and direct the making of the salvage shallcertify to the 
 actual performance of such services. The amount of such 
 remuneration shall be determined by three neighboring jus- 
 tices, mutually chosen by the parties, who shall adjust the 
 quantum of reward to be paid to each of the persons em- 
 ployed in making such salvage ; which decision shall be 
 binding upon all parties, and the amount so awarded shall 
 be recoverable by action at law. 
 PTMeedinga 4. If no person shall appear to claim the goods so saved, 
 
 ant. the officer or person who has the charge of them, shall sell 
 
 80 much thereof as will be sufficient to pay such salvage^ 
 with the incidental charges incurred ; or, if the goods are 
 in danger of perishing, or of being lost by delay, then the 
 whole shall be sold, and the proceeds thereof when sold, put 
 into the immediate possession of some principal officer of 
 the customs, or other responsible person if no such officer 
 be present, who shall make an account thereof, and sign the 
 same ; and if the goods or money be not claimed within 
 twelve months by the owner thereof, such of the goods as 
 may then be on hand shall be sold by public auction, and 
 the proceeds thereof, reasonable expenses of such sale being 
 deducted, paid into the treasury, there to remain until 
 claimed by the owner, who, upon affidavit, or proof of his 
 right thereto, to the satisfaction of a judge of the supreme 
 court, shall, upon his order, receive the same out of the 
 treasury. 
 Property in le- 5. No pcrsou Under any pretence whatever, shall inter- 
 ^b^interUrd fere with any kind of property referred to in this chapter, 
 ta|''jln Xier a if i* be in the legal custody of any person, unless his assist- 
 misdemeanor, ance be required ; and the person in charge of any vessel 
 wrecked or in distress, or the officer who shall come to his 
 assistance, may repel by force any attempt to meddle there- 
 with without his consent. Any person convicted of molest- 
 ing or obstructing any officer or other person having charge 
 or employed in making salvage of any such vessel or goods, 
 shall be punished as for a misdemeanor. 
 Supre^ eonrt 6. If any proceedings under this chapter be removed 
 eeedings from a couft of inferior jurisdiction to the supreme court, 
 
 iSfmor'oour''^ and they shall appear to have been in accordance with the 
 of wUftil"eiTor*' justice of the case, the supreme court shall confirm the 
 same, notwithstanding the want of legal form therein ; or 
 may correct and amend the same, and give final judgment 
 upon the merits ; and shall wholly reverse the proceedings 
 only for wilful and corrupt error. 
 
TITLE XXI.j PILOTAGE, HARBORS AUD HARBOR MASTERS. 
 
 295 
 
 Chap. 78. 
 
 CHAPTER 78. 
 
 OP PILOTAGE, HARBORS, AND HARBOR MASTERS. 
 
 1. The governor in council shall appoint not less than 
 three nor more than five commissioners of pilots for each 
 of the ports of Halifax, Sydney, Pictou, Pugwash, Wallace, 
 Antigonishe, Saint Mary's, Arichat, Tatamagouche, and Point 
 Bruley. Every commissioner shall take the following oath: 
 
 " I, [name of commissioner'], do swear that I will act dili- 
 gently, faithfully, and impartially in the examination and 
 selection of pilots for the port of [nam^ of port]." 
 
 Three commissioners in any- one of the said commissions 
 to be a quorum. 
 
 2. The commissioners shall examine and select as many 
 pilots as they may think necessary for each of the ports in 
 the preceding section mentioned ; and shall grant certifi- 
 cates to such pilots in the following form, and which shall 
 be revocable at pleasure : 
 
 " Province of Nova Scotia, 
 
 No. — , port of [name (fport]. 
 We, [^names of commissioners], commissioners appointed 
 by law to examine and select pilots for the port of [name 
 of pori], certify that [nam£ and residence of pilot], having 
 been examined by us, was deemed a fit person to undertake 
 the pilotage of vessels of every description into and out of 
 
 the said port; and on the day of A. D. 18 — , 
 
 was by us licensed to act in that capacity. 
 
 (Signed) [names of commissioners.] 
 
 Commissioners. 
 Entered in the register of pilots' licenses. 
 This license cannot be lent or transferred. 
 
 Commissioners 
 of pilots for cer- 
 tain ports 
 named, how ap- 
 pointed ; their 
 number ; oath 
 of office. 
 
 Quorum. 
 
 Pilots how ap- 
 pointed ; form 
 of certificate of 
 appointment. 
 
 Description 
 
 of [name and 
 
 residence of pilot] No. — . 
 
 Age. 
 
 Height. 
 
 Complexion. 
 
 Color of hair 
 and eyes. 
 
 Remarks. 
 
 
 
 
 
 
 3. Every such certificate shall be numbered and regis- Certificate to he 
 tered in a book kept for that purpose, and shall be annually gS^l^aidTe- 
 renewed. The pilots for Halifax and Syd&ey shall pay fy7feeg''on°Mr; 
 twenty shillings for the certificate, and two shillings and six tifioates and for 
 pence for every renewal thereof; and the pilots for the ty'for tranX." 
 other ports shaU pay ten shillings for the certificate, and 
 
296 PILOTAGE, HARBORS AND HARBOR MASTERS. [PART I. 
 
 Chap. 78. two shillings and -sixpence for every renewal thereof. And 
 " no pilot shall lend or transfer his certificate under a penalty 
 
 of five pounds. 
 Bye-iaw8 may 4. The Commissioners may from time to time estabhsh 
 eommfflBioners. bye-laws for the further regulation of pilots, and for extra 
 remuneration in cases of any extraordinary nature, and for 
 the adjustment and decision of questions arising between 
 masters of vessels, pilots, and others, respecting pilotage ; 
 and also respecting the salvage of anchors and cables ; and 
 may annex penalties for enforcing the same ; but no bye- 
 law shall be in force until approved by the governor in 
 council. 
 Bflgniotions re- 5. Every licensed pilot shall carry sxtch flag, and have 
 and boats i*fne his boat marked and rigged in such manner as the commis- 
 for disobeying, gigners shall direct, under a penalty not exceeding twenty 
 nor less than five shillings ; and every unlicensed person 
 carrying such flag shall forfeit ten pounds. 
 Penalty for 6. No pilot shall be taken to sea against his will, under 
 
 taking pilot to jj penalty of twenty -five pounds on the master of the vessel, 
 except when through stress of weather the same is unavoid- 
 able ; in which case he shall be entitled to receive' from the 
 master or owner of the vessel five pounds a month for time 
 lost, and shall also be provided with a passage home at the 
 expense of such master or owner from the first port which 
 the vessel shall enter where the same can be obtained. 
 Pilots detained 7. If any licensed pilot shall be detained on board any 
 choredfont.tiod vesscl after the day of the arrival and anchoring thereof, he 
 t« wages. shall be paid five shillings a day, in addition to his food, 
 whether the detention be caused by quarantine regulations 
 or otherwise. 
 Unlicensed g. Any Unlicensed person, other than the master, taking 
 
 surrender" ves- charge of any vesscl as a pilot, shall surrender the guidance 
 pilots. '^"®°'°^ thereof, under a penalty of five pounds, to the first licensed 
 pilot who shall hail her at the respective distances herein- 
 after mentioned, from the several harbors following, viz : — 
 at Halifax, southward of Herring Cove or Thrum Cap ; at 
 Sydney, outside of Low Point and Cranberry Head ; at 
 Pictou, outside of the light house ; at Antigonishe, outside 
 the Bar ; at Saint Mary's, one mile outside of Wedge Island ; 
 .at Wallace, Pugwash, Tatamagouche and Point Bruley, 
 more than one mile from the mouth of the harbors respec- 
 tively ; and at Arichat, eastwardly two miles west from 
 Green Island, and westwardly outside of Madame Island 
 Point. 
 Licensed pilots 9. If the sorvices of the licensed pilot so hailing such 
 but relised'^en- vesscl shall not be accepted, or the master shall afterwards 
 ftesip'^cmed ^take another pilot, the licensed pilot who first ofiered shall 
 another pii«t "be be paid half pilotage by siich master, except at Halifax, 
 where he shall receive one-third only, if the vessel be owned 
 in this province, or in any other part of her majesty's domi- 
 nions, or be British built, and half pilotage on all other vea- 
 
TITLE XXI.] PILOTAGE, HARBORS AND HARBOR MASTERS. 297 
 
 sels. And during the months of November, December, Chap. 78. 
 January, February and March, the master of any vessel 
 approaching the port of Halifax, shall pay such pilot two- 
 thirds of the pilotage, if his services shall not be accepted. 
 
 10. The master of any vessel approaching any of the Fine for not 
 beforementioned harbors, when hailed within a reasonable Ac°whcn°fau'ek 
 distance by a licensed pilot with his flag flying, shall shorten ^7^^^ Uoenscd 
 sail, haul to, or use other means, as circumstances will per- 
 mit, to facilitate the pilot's boarding, under a penalty of 
 
 forty shillings. 
 
 11. A master requiring a pilot to take his vessel out of ^*i*<'''?'>°'st- 
 any of the beforementioned harbors, shall, if a British ves- take ship out of 
 sel, hoist the union jack, or if a foreign vessel, such flag as censed pilots" 
 as is usually worn thereby, at the foretop-gallant-mast-head, 'thera offiir" "^ 
 and therp continue the same for twelve hours during day- 
 light, before the time of sailing ; and if in the meantime no 
 
 licensed pilot shall offer himself, the master may employ 
 any person he may think fit to pilot the vessel outwards. 
 
 12. Any unlicensed person who shall take charge of Suchnniioensed 
 euch vessel, shall surrender the guidance thereof to the first Ser" toe* vessel 
 licensed pilot who shall board her within the time specified lot^offerffg.*^^'" 
 in the last section, under a penalty of five pounds, if such 
 
 vessel be bound from the port of Halifax, and three pounds 
 if bound from any other port. 
 
 13. Where a licensed pilot shall have conducted a vessel Pilot inward, to 
 inwards, and shall offer his services to pilot her outwards, he ^ffer,"as a. 
 and shall be in attendance, ready and willing so to do, when P^o' outward, 
 euch vessel is ready for sea, he shall be preferred to any 
 
 other licensed pilot ; and if his services be declined, he shall 
 be entitled to the proportion of pilotage prescribed by 
 the ninth section ; and if the pilot who conducted her in- 
 wards shall not have tendered his services, then any licensed 
 pilot who shall first oflfer himself within the time specified, 
 in the eleventh section, shall be entitled to the same pro- 
 portion of pilotage, if his services shall not be accepted. 
 
 14. The following vessels shall be exempted from pilot- vessels when 
 age : — rvessels owned in the province and employed in the pi£™/g^ ^°'^ 
 coasting trade or fishery, except whalers, and all vessels 
 
 under eighty tons burthen coming from any part of her 
 majesty's dominions, and all her majesty's ships of war; 
 but no vessel voluntarily taking a pilot on board shall be 
 exempted from pilotage; nor shall any vessel not spoken by 
 a licensed pilot at the distances from the respective harbors 
 prescribed by the eighth section be subject thereto. 
 
 15. Nothing in this chapter contained shall deprive any Any person 
 person who may act as a pilot, in the absence of a licensed Xe^eVfVii- 
 pilot, from receiving payment for his services, according to "eMTve'fees"'"^ 
 the tables of rates in the schedule. 
 
 16. The sessions upon the recommendation of the grand Harbor master, 
 jury, may from time to time appoint and license one fit and &o. 
 proper person to be harbor master for any harbor within 
 
298 PILOT AGI^ HAEBOES AND HAEBOE MASTERS. [PAET I. 
 
 Chap. 78. any county or district where it shall be jv.Aged by the ses- 
 sions that the services of snch officer may be required, and 
 shall prescribe the duties of such harbor masters, and the 
 limits of the harbors over which their anthority shall extend. 
 Amount of fbe^ 17. The sessions shall fix' and determine the amount of 
 rmine ^^^^ ^^ ^^ p^.^ ^^ harbor masters, by vessels entering such 
 harbors, provided they shall not exceed the fees payable at 
 Sydney under schednle B. Vessels engaged in the coasting 
 trade and in fishing shall be exempt from snch fees. But 
 the sessions shall have no power to establish fees in respect 
 of any navigable river which forms the dividing line between 
 two counties. 
 Spa^iITKiTw 18- The governor in conncll shall appoint for each of 
 iiarborjmasters the barbors of Bridgeport and Spanish River, in the island 
 the governor in of Cape-Breton, onc fit person to be harbor master thereof., 
 HarbM masters ^^' Harbor masters heretofore appointed (except in the 
 to sontinue in harbors of Sydney and Bridgeport) shall contine in office 
 Office, how long, ^^^y xmtil others shall be appointed in their place, or until 
 they shall be reappointed under the provisions of this 
 chapter. 
 Powers and du- 20. The sessions shall also make regulations for the 
 retative'to^'an- ^nchorage of vessels, and establish convenient and proper 
 chorage, bai- places for vessels to discharge their ballast at ; and may 
 wharves, 'la., make agreements with persons for erecting wharves and 
 of bye-iaws^'"^ Other conveniencies for such vessels to discharge their bal- 
 last upon, and may make bye-laws to compel vessels to dis- 
 charge their ballast upon such wharves, or at such other 
 places as they may appoint, and for allowing masters of 
 vessels a reasonable time for disposing of or selling such 
 ballast ; and may affix penalties not exceeding ten pounds 
 for breach of any such regulation or bye-law. 
 wharfogo, how 21. The rates of wharfage to be paid by vessels using 
 coUwtod!*' *"'* the wharves and other conveniencies mentioned in the pro- 
 ceeding section, shall be established by the sessions, and 
 may be recovered as a private debt. 
 Buoys, &o., 22. The general or any special sessions shall from time 
 
 Eafdtae"them' ^° *'°^® direct as many buoys and other marks to be placed 
 penaitieB, &a. ' in and about the various bays and barbors, in their respec- 
 tive counties as to them may appear necessary for the safety 
 of the shipping and the convenient navigation of those har- 
 bors respectively ; and shall make regulations for the main- 
 tenance of siich buoys and marks as well as of any buoys 
 and marks heretofore placed or erected, or which may here- 
 after be erected by private enterprize or at the public 
 expense, and may authorize the harbor masters to carry the 
 same into efiectjand may affix penalties for breach of any such 
 regulations not to exceed five pounds for any one offence. 
 Buoys. 4e., how 23. The Sessions may appropriate such part of the fees 
 kept in repair, collected by harbor masters as they see fit to the procuring, 
 placing, erectinj.', and keeping in repair of buoys and water 
 marks in the harbor, where such fees are collected. 
 
TITLE XXI.] PILOTAGE, HARBORS AND HARBOR MASTERS, 299 
 
 24. The sessions may, by reguktions to that effect, Chap. 78. 
 authorize the imposition of fipe» upon harbor masters for ^i^, 
 neglect of duty, not to exceed forty shillings for any one 
 offence, to be sued for and recovered as other penalties are. 
 
 25. The sessions shall appropriate out of the district Funds foroarry- 
 funds at Saint Mary's, and out of the license funds at Anti- gu!atiins?how 
 gonishe, the sums necessary for the purposes of the twenty- raised, 
 second section, which shall be repaid by a regular rate, to 
 
 be by them established from time to time, upon the different 
 vessels coming into the respective harbors, according to the 
 tonnage thereof; which rates shall be collected by the 
 harbor master, and paid over to the district treasurer. 
 
 26. At Saint Mary's, the last preceding section shall not ^ertSS* rSseis 
 apply to vessels exempted from the payment of harbor at Saint Marys, 
 dues. 
 
 27. It shall be the duty of the harbor masters to pro- violation of re- 
 secute all persons violating the regulations or bye-laws of posciutedV* 
 their respective harbors. Barber master. 
 
 28. No regulation or bye-law to be made by the sessions ^nf b'^e'S'^ ' 
 under this chapter shall be in force until approved by the JseapproVedV 
 governor in council. _ foS" '" 
 
 29. Any person feeling aggrieved by any regulation or Relief to party 
 bye-law, may complain thereof on affidavit to the supreme appiloltion^o 
 court in the county, and the court shall inquire into the supreme court, 
 complaint ; 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 make any regulation or 
 bye-law to the same effect. 
 
 30. The sessions shall from time to time appropriate out Antigonishtow- 
 of the district funds, sufficient sums to keep in repair the paired. °^ 
 tow-path of the harbor of Antigonishe. 
 
 31. No person shall take away any stones or ballast from rish Point bar 
 the bar or beach called Pish Point, on the western side of p^'^"**^- 
 the harbor of Cape Porchu, in the county of Yarmouth, 
 
 under a penalty not exceeding five, nor less than three 
 pounds. 
 
 32. The harbor master of Spanish River shall furnish Licensed pi;iot» 
 copies of the regulations made by the sessions, by virtue tobe*fti'rai°he^d' 
 of the twentieth section, to the licensed pilots of the harbor, "4*h'rSgui"a'^'^' 
 who shall give a copy thereof to the master or commander tions to awp- 
 of every vessel which they shall take in charge. 
 
 33. The rates of pilotage to be received by the licensed Rates of pilot- 
 pilots for conducting vessels into or out of the respective bf'sohelilao a. 
 harbors shall be according to the table in schedule A. ; and 
 
 any pilot exacting or attempting to exact a larger sum for 
 his services, or taking a less sum therefor, shall for every 
 offence forfeit two pounds, and shall also refund any excess 
 so received. 
 
 34. The fees to be taken by harbor masters shall be at ^^l^"^^^^l''' 
 the rates in schedule B., according to the registered tonnage by schedule b. 
 of the vessels entering the harbors ; but vessels bound to- 
 
£2 
 
 
 
 2 10 
 
 
 
 3 
 
 
 
 3 10 
 
 
 
 2 
 
 
 
 2 10 
 
 
 
 3 
 
 
 
 300 PILOTAGE, HARBORS AND HARBOR MASTERS. [PART I. 
 
 Chap. 78. and from the Bras d'Or Lake and calling at Sydnej', but not 
 
 discharging ballast in Sydney harbor, shall not be liable 
 
 to pay any harbor master's fees at the latter place. 
 
 Uaiifax except- 35. The county of Halifax is excepted from the opera- 
 
 *'^- tion of sections 16, 17, 19, 22, 23, and 24 of this chapter. 
 
 SCHEDULES. 
 
 A. 
 
 Rates op Pilotage. 
 
 At Halifax. 
 
 For vessels of 200 tons and under, 
 " " from 200 tons to 300 tons, 
 " " " 300 " to 400 " 
 
 " " of 400 " and upwards. 
 
 On her majesty's ships under 6th rates, 
 
 " " " of 4th, 5th, and 6th rates, 
 
 " " " of the line, 
 
 If any vessel be boarded north of Herring Cove or Thrum 
 Cap, the rate shall be one fourth less. 
 
 At Sydney. 
 
 For vessels under 100 tons, to Sydney town. 
 
 Plant's bar. 
 From 100 to 150 tons, to Sydney town. 
 
 Plant's bar, 
 150 to 200 tons, to Sydney town. 
 
 Plant's bar, 
 200 to 250 tons, to Sydney town. 
 
 Plant's bar, 
 250 to 300 tons, to Sydney town. 
 
 Plant's bar, 
 300 to 350 tons, to Sydney town. 
 
 Plant's bar, 
 350 to 400 tons, to Sydney town. 
 Plant's bar, 
 
 And for every additional fifty tons to Sydney town ten 
 shillings, and to Plant's bar five shillings. 
 
 At Pietou, Pugtvash, Wallace, Antigonvihe, Arichat, Tata- 
 magouche, and Point Bruley : 
 
 For vessels of 80 tons and under 140 tons, 
 
 " " 140 " " 240 " 
 
 " " 240 " " 300 " 
 
 " " 300 " and upwards. 
 
 And on all vessels under eighty tons three pence per ton. 
 
 £1 7 
 
 6 
 
 1 
 
 
 
 1 12 
 
 6 
 
 1 5 
 
 
 
 '1 17 
 
 6 
 
 1 10 
 
 
 
 2 5 
 
 
 
 1 15 
 
 
 
 2 10 
 
 
 
 2 
 
 
 
 2 15 
 
 
 
 2 5 
 
 
 
 3 
 
 
 
 2 10 
 
 
 
 £1 10 
 
 
 
 2 
 
 
 
 2 10 
 
 
 
 3 
 
 
 
TITLE XXI.] 
 
 PARTNERSHIPS. 
 
 At St. 3Iary's. 
 
 301 
 
 Chap. 79. 
 
 Three shillings and six pence for every foot of the draught 
 of water of each vessel. 
 
 B. 
 
 Harboh Mastbb's Fees. 
 
 At Sydney and Bridgeport. 
 
 For vessels not exceeding 100 tons, <£0 5 
 
 For vessels exceeding 100 and under 200 tons 10 
 
 For vessels exceeding 200 and iinder 300 tons 10 
 
 For vessels exceeding 300 tons 15 
 
 Vessels engaged in the coasting and fishing trade to be 
 exempt from the payment of any fee. 
 
 At Pictou, Pugwash, Wallace, Tatamagouche, and Point 
 Bruley. 
 
 One half-penny per ton on all vessels not under forty tons. 
 
 At St. Mary's. 
 
 For vessels exceeding 100 and under 150 tons, £0 5 
 For vessels exceeding 150 and under 250 tons, 10 
 For vessels exceeding 250 tons 10 
 
 Vessels engaged in the coasting and fishing trade, and all 
 other vessels resorting to the harbor for shelter, wood, 
 water, or provisions, and not anchoring within the bar, to 
 be exempt from the payment of any fee. 
 
 At Antigonishe. 
 The fees to be established by the sessions. 
 
 CHAPTER 79. 
 
 OF PARTNERSHIPS. 
 
 1. In cases of partnership were two partners only are 
 concerned, and their partnership shall have terminated, 
 either of them may file a petiton in the supreme court, 
 stating the facts respecting their dealings, and praying the 
 aid of the court. A writ of summons shall thereupon issue 
 commanding the appearance of the partner complained of 
 at the next term, in the county where the petition is filed, 
 to answer the same. 
 
 2. A copy of the petition shall be served on the partner 
 complained of, at the time of the service of the summons, 
 or within a convenient time before the returii day thereof. 
 
 When oo-parf- 
 nership has ter- 
 minated, mem- 
 bers may pro- 
 ceed against 
 each other in 
 supreme court 
 in certain cases 
 by petition and 
 summons. 
 
 Copy of petition 
 and summons tK> 
 be served. 
 
302 PARTNEKSHIPS. [PART I. 
 
 Chap. 79. 3^ Qq ^j^g return of the summons, if it shall be shewn 
 Court may pro- to the court that the partnership consisted of two persons 
 order Lbitra-" Only, the court shall, by rule, direct each partner to select 
 *""■ one fit person as an arbitrator between them, 
 
 point' "rtitral ■*• ^^ *^® partners do not, within the time specified by 
 tors where par- the court, sclcct two such persons, the court shall appoint 
 les neg eo . ^^^ persons to act as arbitrators. 
 
 Arbitrators 5. The two persons so appointed shall select one other 
 
 tiifrd person. * person, and they, with such person, shall be arbitrators to 
 
 examine and settle the partnership dealings. 
 Arbitrators to (J. The arbitrators before commencing such examination, 
 of oath. ' shall make, before a judge or commissioner, the follow- 
 ing aflSdavit, which shall be filed in the prothonotary's 
 office. 
 
 We, A. B. C. D. and E. F. do hereby solemnly swear 
 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. P. 
 Mode of pro- 7. The arbitrators shall then order the production of all 
 trat'ors^preYori- ^ooks, papers and accounts, relative to the partnership deal- 
 bed, ings, 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 exparte. 
 Power to en- 8. Witnesses shall be summoned to attend before the 
 ancl o'/wft-" arbitrators by subpoena in the usual form ; and if, upon 
 nesses. being duly summoned, they shall neglect to attend and give 
 evidence, they shall be liable to the same penalties as wit- 
 nesses are subject to who neglect to attend the supreme 
 court on silbpcBua; and the supreme court, on application 
 to them for that purpose, shall enforce the same. 
 Parties and wit- 9. The arbitrators shall examine the partners and their 
 amined ; award witucsses upon oath, to be administered by any one of the 
 judgment 'how arbitrators, and shall make an award in favor of such party, 
 entered. as they Or two of them, shall find justly entitled thereto, 
 which shall be filed in the prothonotary's office, and judg- 
 ment shall be entered for the amount thereof, with or with- 
 out costs, as directed by the arbitrators in their award, at 
 the next term if no sufficient objection be made thereto. 
 Execution to is- 10. Execution may be issued on such judgment in the 
 expensoI'Vom usual course, and the arbitrators, or any two of them, shall 
 reMTorabio''"^ ^^^^ power to direct the costs of the proceedings, inclu- 
 ding reasonable compensation for their services, to be taxed 
 and allowed by the court, to be paid by either of the part- 
 ners, and in such manner as the arbitrators, or any two of 
 
TITLE XSI.] ■ PARTNERSHIPS. 303 
 
 them, shall direct ; and the court shall enforce such payment Chap. 79. 
 by attachment or otherwise. 
 
 11. Neither of the partners shall after such adjudication Jndgmontwiien 
 commence any proceedings in equity touching the partner- |°^™<'»''''ii'>« 
 ship dealings, and the judgment of the supreme court under 
 
 the above provisionB, shall be final. 
 
 12. Two or more persons may enter into and form Limited part- 
 limited partnerships for the transaction of mercantile, me- {Jfrme'J!"' ^°^ 
 chanical, or manufacturing business, upon the terms, with 
 
 the rights and powers, and subject to the conditions and 
 liabilities herein prescribed. Nothing herein shall authorize 
 'any such partnership to engage in any banking operation, or 
 to become insurers upon any marine risk, or upon loss bj' fire, 
 or upon any life. Such partnerships may consist of one or 
 more persons called general partners, who shall be respon- 
 sible as general partners now are, and of one or more per- 
 sons, who shall contribute in actual cash payments a specific 
 sum as capital to the common stock, called special partners. 
 Special partners shall not be liable for the debts of the 
 partnership beyond the fund so contributed by them to the 
 capital, except in cases hereafter mentioned. The general 
 partners only shall be authorized to transact the business of 
 the partnersnip, and bind the same by the signature of the 
 partnership name or otherwise. 
 
 13. Persons desirous of forming such partnerships shall. Certificates and 
 before the same shall go into operation, make and severally prooeod°ngs in 
 sign a certificate, containing the name of the firm under parLersulp'.*** 
 which such partnership is to be conducted, the nati;re of 
 
 the business to be transacted, the names of all the partners 
 interested therein, distinguishing which are general and 
 which special partners, and their respective places of 
 residence, the amount of capital which each special part- 
 ner shall have contributed to the common stock, the 
 period at which the partnership is to commence, and at 
 which it will terminate. Such certificate shall be acknow- 
 ledged by the several persons signing the same before a 
 judge of the supreme court or justice of the peace, and 
 such acknowledgment shall be certified in writing on such 
 certificate by the person before whom the same is made. 
 The certificate so acknowledged and certified shall be filed 
 in the office of the registrar of deeds, where the principal 
 place of business of the partnership shall be situated, and 
 shall be recorded by him at large in a book to be kept for 
 that purpose, "open to public inspection ; and if the partner- 
 ship shall have places of business situated in different 
 counties or districts, a transcript of the certificate and of 
 the acknowledgment thereof, duly certified by such regis- 
 trar, shall be filed and recorded in like manner in the office 
 of the registrar of every such county or district. 
 
 14. An affidavit of one or more of the general partners, brTwufe'l* '' ' 
 and also one or more of the special partners,, shall also at under eaUi. 
 
364 PAETNEESHIPS. [PAET I. 
 
 Chap. 79, the same time be filed in the same office, stating that the 
 sums specified in the certificate to have been contributed 
 by each of the special partners to the common stock, have 
 been actually and in good faith paid in cash ; and no such 
 partnership shall be deemed to have been formed until a 
 certificate shall have been made, acknowledged, filed, and 
 recorded, and an affidavit filed as above directed ; and if 
 any false statement be made in such certificate or affidavit 
 all persons interested in such partnership shall be liable as 
 general partners. 
 Publication in 15. The torms of cvcry such partnership, when regis- 
 "rhttnawms""^ tered, shall immediately be published at least six weeks in 
 Booessary. ^j^g royal gazette and one other newspaper published in 
 Halifax, and by handbills posted up in some public places in 
 the township in which the business of the partnership shall 
 be carried on. If such publication be not so made, such 
 partnership shall be deemed general. Affidavits taken before 
 a justice, of the publication of such notice by the printers 
 of newspapers who shall have published the same, and by 
 the persons who shall have posted the hand-bills, may be 
 filed with the register, with whom the certificate of the 
 partnership shall havebeenfiled, and shall be evidence thereof. 
 Renewals of li- 16. Every renewal or continuance of such partnership 
 siiips how prol beyond the time originally fixed for its duration shall be 
 Tided for. certified, acknowledged, and recorded, and an affidavit of a 
 general and special partner made and filed, and notice given 
 in the manner herein required for its original formation ; 
 every such partnership otherwise renewed or continued 
 shall be deemed a general partnership. 
 Alterations in i7_ Every alteration made in the names of the partners, 
 
 names of busi- , Kit. 'iii /» 
 
 ness to consti- the nature of the business, or the capital or shares thereof, 
 
 jiersiii/geiferai or in any other matter specified in the original certificate, 
 
 ro"newaT ""^^ °^ s'^^^l t)e deemed a dissolution of the partnership; and every 
 
 such partnership carried on after any alteration shall be 
 
 deemed a general partnership, unless renewed as a special 
 
 partnership according to the provisions of the foregoing 
 
 section. 
 
 Limited part- 18. The busiucss of the partnership shall be conducted 
 
 wbat't&ms"oQ- ^ndcr a firm in the names of the general partners only, 
 
 ducted. without the addition of the word company or any other 
 
 general term ; and any special partner whose name shall be 
 
 used in such firm, with his privity, shall be deemed a general 
 
 partner. 
 
 Actions to be in 19. Actions and suits at law and in equity in relation to 
 
 genial par"'" the business of the partnership may be brought and con- 
 
 ners. ductcd by aud against the general partners, as if there were 
 
 no special partners. 
 
 Regulations as 20. No part of the sum contributed by a special partner 
 
 andC^the distri- to the Capital stock shall be withdrawn by him, or paid or 
 
 bution of pro- transferred to him in the shape of dividends, profits or 
 
 otherwise, at any time during the continuance of the part-' 
 
TITLE XXI.] PAETNEESHIP. 305 
 
 nership ; but a partner may annually receive lawful interest Chap. 79. 
 on the sum so contributed by him, if payment thereof shall 
 not reduce the original capital ; and if after the payment of 
 such interest any profit shall remain to be divided, he may 
 also receive his portion of such profit ; but if it shall appear 
 that by the payment of interest or profits to any special 
 partner the original capital has been reduced, the partner 
 receiving the same shall restore the amount necessary to 
 make good his share of capital vt^ith interest. 
 
 21. A special partner may from time to time examine special part- 
 into the state and progress of the partnership concerns, and but^ttranlact 
 may advise as to their management, but he shall not trans- ^a^tneraw'^ **"* 
 act any business on account of the partnership, nor be 
 employed for that purpose as agent, attorney, or otherwise ; 
 
 and if he shall interfere contrary to these provisions he 
 shall be deemed a general partner. General partners shall 
 be liable to account to each other, and to the special part- 
 ners, for their management of the concern, both in law and 
 in equity, as other partners now are. 
 
 22. A partner guilty of any fraud in the aflairs of such Fraud in special 
 partnership shall be liable civilly to the party injured to the EowimniXl. 
 extent of the damage, and shall also be liable to an indicia 
 
 ment for a misdemeanor, punishable by fine or imprisonment, 
 or both, at the discretion of the court. 
 
 23. Every sale, assignment, or transfer of any of the Preferential as- 
 property or efl"ects of such partnership, or of a general or partnera to i« 
 special partner, made by such partnership or a general or |;ga1n™*cre<ii- 
 special partner, when insolvent or in contemplation of*""- 
 insolvency, with intent of giving a preference to any credi- 
 tor of such partnership or insolvent partner over other 
 creditors of such partnership, and every warrant of attor- 
 ney executed, and every judgment confessed, lien created, 
 
 or security given by such partnership, or general or special 
 partner, under the like circumstances and with the like 
 intent, shall be void, as against the creditors of the partner- 
 ship. A special partner who shall violate any provision of 
 this chapter, or concur in, or assent to, any such violation 
 by the partnership, or by any individual partner, shall be 
 liable as a general partner. 
 
 24. In case of the insolvency or bankruptcy of the part- credtors'eiainn 
 nership, no special partner shall under any circumstances, '" tho?e'^of'sp1j'! 
 be allowed to claim as a creditor until the claims of all clfe^Sf'insoi-" 
 other creditors of the partnership are satisfied. rency, &o. 
 
 25. No dissolution of such partnership by the acts of the Dieaoiutionhow 
 parties shall take place previous to the time specified in the ^^^''*^^- 
 certificate of its formation or in the certificate of its renewal, 
 
 until a notice of such dissolution shall have been filed and 
 recorded in the registrar's ofiice, in which the original cer- 
 tificate was recorded, and published once in each week for 
 four weeks in the royal gazette, and in some other news- 
 paper printed in Halifax, and by handbills in each of the 
 
306 PACTOBS AND AGENTS. [PABT I. 
 
 Chap. 80. counties where the partnership may have places of 
 business. 
 
 CHAPTER 80. 
 
 OF FACTORS AND AGENTS. 
 
 Agent in posses. 1. Any agent entrusted with the possession of goods or 
 »hTt?tif thereof tbe documents of title thereto, shall be deemed the owner 
 B™F7/"?ed'e t'^6''®of) so as to render valid and binding upon all persons 
 them. interested therein any contract made with such person for 
 
 the purchase of such goods, or by way of pledge, lien, or 
 security for advances upon such goods or documents, or 
 for further or continuing advances thereon, although the 
 person making such purchase, or claiming such pledge or 
 lien, may have had notice that the person with 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. 
 Agent's powers 2. Any Contract for pledge, lien, or security made by an 
 oha^geofgoods agent entrusted with the possession of goods, or the docu- 
 or their titles, ments of title thereto, in consideration of the delivery or 
 transfer to him of other goods or documents of title or 
 negotiable securities on which the person delivering them 
 has at the time a valid lien for a previous advance by virtue 
 of some contract made with such agent, shall be as valid as 
 if the consideration therefor had been an advance of money; 
 but the lien required thereby shall not exceed the value at 
 the time, of the goods, documents of title, or negotiable 
 security delivered up and exchanged. 
 Contracts made 3. Such Contracts, loans, advances, and exchanges as are 
 Eoodfaffhto be made in good faith, and without notice that the agent making 
 fof^anteoldent ^^^^ contracts or agreements is acting without authority 
 debt invalid, or in bad faith, although with notice that such agent not 
 being the owner of the goods, are alone rendered valid here- 
 by and binding upon all persons interested therein. Nothing, 
 herein shall make valid any sale, lien, or pledge in respect 
 of an antecedent debt owing from an agent to the person to 
 whom such lien or pledge shall be given, or sale made, or 
 authorize an agent in deviating from any express orders or 
 authority received from the owners. 
 Doonments of 4. Any document used in the ordinary course of busi- 
 title defined. ^^^^ ^^ proof of the possession or control of goods, or 
 authorizing or purporting to authorize the holder to trans- 
 
tiTLE XXI.] ■PACTOKS AND AGEllJTS. 307 
 
 for or receive goods thereby represented, shall be con- Chap. SO, 
 sidered a document of title within the Meaning hereof. 
 
 5. Any agent possessed of any such document, whether Possession of 
 
 , . , .' ° ,. i , ^ .1 "^ r 1. J documents of ti- 
 
 denved immediately trom the owner oi such goods or tie'possessioaof 
 obtained by reason of such agent's having been possessed ^'^'^ 
 of the goods, or any other document of title thereto^ shall 
 be deemed to be possessed of the goods represented by 
 such document, 
 
 6. Any contract pledging or giving a lien upon such ^iifb°PJe°dge 
 document shall be deemed a pledge or lien upon the goods upon goods. 
 to which the same relates. 
 
 7. Such agent shall be deemed possessed of such goods Agenttobeoon- 
 
 , J ° 1 J 1 n 1 ■ 1 • J. 1 XI Sidered in pps- 
 
 or documents, whether the same be m his actual custody or session of goods, 
 be held by any other person subject to his control or on his tifey aTe ™nder 
 
 behalf. _ his control. 
 
 8. Where any advance is made to an agent possessed of AdTonce to an 
 goods or documents of title thereto on the faith of a con- ofgoo(ft,or their 
 tract in writing, to consign, deposit, transfer or deliver such agent^not* au- 
 documents, if such goods or documents shaM be received pjeJl^'^Jhen 
 by the person making such advance without notice that such heidva'ud •, con 
 
 J. iiT-'ji 1 1.1J -J. tracts by others 
 
 agent was not authorized to make such pledge or security, for agents held 
 such advance shall be deemed to be an advance on the ™^"'- 
 security of such goods or documents within the meaning 
 hereof, though such goods or documents shall not be recei- 
 ved by the person making the advance until a period sub- 
 sequent to such advance. Any contract, Avhether made 
 direct with such agent or with any person on his behalf, 
 shall be deemed to be made with such agent. 
 
 9. Any payment, whether by money or negotiable secu- be In money or 
 rity, shall be deemed an advance within the meaning negotiable se- 
 faereoi. 
 
 10. Any agent in possession of goods or the documents agenTof^oods, 
 of title thereto, shall be deemed entrusted therewith by the o? their title,' 
 
 , ', , . , . . T •' evidence of 
 
 owner, unless the contrary be shewn m evidence. agency. 
 
 ■ 11. Any agent who shall, unauthorized by his principal, ~|,™g'i?ie'^|jf= 
 for his own benefit and in violation of good faith, make any guiity of a mis- 
 consignment, deposit, transfer or delivery of any goods or ®"'®*'""^- 
 documents of title so in his possession as a pledge or secu- 
 rity, 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 pro- 
 vincial penitentiary for a term not exceeding seven, nor less^ 
 than two years, or be fined, or both, as the court' shall award. 
 
 12. Any person knowingly and wilfuUjr assisting in Acpessoriesaiso 
 making any such consignment, deposit, transferor delivery, lomeauor? ™'^ 
 or accepting or procuring such advance, shall be guilty of 
 a misdemeanor, and shall be sentenced to any of the punish- 
 ments above mentioned as the court shall award. 
 
 13'. No agent shall be liable to prosecution for any such Agent may 
 
 ° 1 ... p -St 1 pledge goods for 
 
 consignment, deposit, transier or delivery as above men- advances or »«- 
 tioned, for advances not greater than the ainount at the time "^'p'*""^^- 
 20 
 
308 BILLS OF EXCHANGE AND PEOHISSORY NOTES. [PART I. 
 
 Chap. 81. thereof due to euch agent from his principal, together with 
 '■ the amount of any bills of exchange drawn by or on account 
 of such principal and accepted by wuch agent. 
 Conviction not 14. The conviction of any such agent shall not be eyi- 
 against agent; dence in any suit against him, and no agent shall be liable 
 eilwure/not ev!- *" ^^'^'^ conviction upon any evidence whatsoever, who shall 
 a^ent *^'''^'' previous to his indictmqnt have made disclosure upon oath 
 under compulsory process of any court in any action insti- 
 tuted in good faith by a party aggrieved. 
 Owner may re- 15. Nothing herein shall affect the right of the owner 
 pledged. to redeem such goods or documents of title so pledged, 
 
 before the sale thereof, upon repayment of the amount of 
 the lien thereon or restoration of the securities in respect 
 of which such lien exists, and on payment or satisfaction to 
 Euch agent, if by him required, of any amount in respect 
 of which he would be entitled to retain such goods or docu- 
 ments as against such owner; nor his right to recover from 
 any person to whom such goods or documents have been 
 pledged, or who maj' have a lien thereon, any proceeds of 
 the sale thereof remaining in his hands after deducting the 
 amount of such pledge or lien. 
 Proceedings an- 16. These provisions shall not, nor shall any conviction 
 
 der tliischapter ., .i^i i • rr-j 
 
 not to affect Or judgment under tnem lessen, or m any way anect any 
 at'iaworeliuity remedy at law or in equity which any person aggrieved 
 
 would have had against the offender if such provisions had 
 
 not been made. 
 
 CHAPTER 81. 
 
 OF BILLS OP EXCHANGE AND PE0MI3S0RT NOTES. 
 
 Damages and 1. A bill of exchange drawn by a person residing Within 
 
 ^i^rVinl'™? the province and returned protested, shall, il 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 pftrt of 
 
 North America without the province, it shall be subject to five 
 
 per cent, damages and six per cent, per annum interest from 
 
 the dateof the protest to the time of payment; and, if drawn 
 
 upon a iperson 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 promissory note shall be assignable or endorsable in 
 
 b?l°° who^miS' th® same manner as an inland bill of exchange ; and the 
 
 sue 'tberoon. payee, or endorsee thereof, or the holder, where the note is 
 
 payable to bearer, may bring an action thereon in his own 
 
 name. * 
 
TITLE XXI. j rsrrEREST, 309 
 
 3. A note in writing for a sum certain payable otherwise tlHAP. 82. 
 than in money, shall be held pi ima facie to be given for a Notes not pay- 
 valuable consideration, b«t shall not be negotiable. The ^relumed'W^e 
 amount of such note may be sued for and recovered as^ sitoaEm tut 
 if the amount thereof were payable unconditionally ia jo'^egatiaWe; 
 
 '■ '^ ** now recoTored. 
 
 money, 
 
 4. In an action brought upon s«ch note the amount only ^"y'^'uf^^ ''"^ 
 payable thereunder shall be recoverable, vsrithout damages non-deiivery of 
 for the non-delivery of the articles enumerated therein, ttoned^n ^uch 
 
 CHAPTER 82, 
 
 OF INTEREST, 
 
 1. No person upon any contract, shall take directly or interest to bo 6 
 indirectly, for the loan of monies or goods, above the rate tractTreserving 
 of six per cent, per annum. All contracts whereby a greater ? Wgberrateto 
 
 . i ■ , ^ ■ J 1 1] T. -J J 11 ° to be void, and 
 
 rate oi interest is reserved, shall be void ; and all persons offender to for- 
 taking or receiving upon any contract or security a greater [ue. *™^^'' ^*" 
 rate, shall forfeit treble the value of the monies or 
 goods in such contract or security contracted for or 
 secured. 
 
 2. Any person may, nevertheless, contract for the loan Contracts re- 
 or hire of grain or live stock, upon halves or otherwise, o?iiveftoci™x* 
 upon the lender taking upon himself all risk of such stock; ««p*'*'1- 
 
 but if it shall appear that the same, or any part tiiereof, 
 perished, or was lost through the wilful neglect of the bor- 
 rower, he shall make good- to the lender the full value 
 / thereof. 
 
 3. The foregoing provisions shall not extend to any Hypothecation 
 hypothecation or agreement in writing entered into for cepted!^ ^ 
 money advanced upon the bottom of a ship or vessel, her 
 
 cargo or freight. 
 
 4. Upon all debts or sums certain payable at a certain interest may be 
 time, or otherwise, the jury, and the court where there is no tain'' oasis "for 
 jury, on the trial of an}^ issue or inquisition of damages, ^^ °^ P"^" 
 may, if they shall think fit, allow interest from the time " ; • 
 when such debts, or sums certain, were payable, if such 
 
 debts or sums be payable by virtue of some written instru- 
 ment at a certain time, or if payable otherwise, then from the 
 time when demand of payment shall have been made in 
 writing, such demand giving notice to the debtor that inter- 
 est will be claimed from the date thereof. ' 
 
 5. The jury on the trial of any issue, or on any inquisi- Damages in tiie 
 tion of damages, may, if they shall think fit, give damages est "Say be w- 
 in the nature of interest above the value of the goods at ^Xonl!"'"'*''' 
 
 ■ the time of the conversion or seizure, in all actions of trover, 
 
310 cvmmsr. Ipast y, 
 
 ChaIp. 83. or trespass de bonis asportatis^ and above the money recover- 
 
 ' able in all actions on policies of insurance. 
 
 Lidkation of \ 6. No prosecution for taking illegal interest sliall be- 
 
 takhTgiiiega,! Commenced but within twelve months from the time the 
 
 iaterest. offence'was eommitted. 
 
 ^— --^^-, ^^' CHAPTEB Sa 
 
 ©F CURKENe?. 
 
 Coins wMciiaa-8 1. The' ffeTeTail CToiiis hereafter men.tioraed shsll ber legal 
 Ld ^fhe*r°rtte tenders in discharge of any liability or demand^ at the 
 ofvaine. respective rates hereafter declared^ viz.: 
 
 <• ' «vt The gold coin of the United Kingdom called^a sovereign^, 
 .^u^^ being of full weighty at the rate of owj pound ateFHng,.or 
 i.^/f^' pjjg pownd five shillisigs cuirrency. 
 
 ■^ The foreign gold coin called the doTibloon^ being of not 
 
 less Aveight than fotsr hmndred amd fifteen, grains, each con- 
 taining not less than three hundred aivd sixty grains of pure 
 gold, at and after the rate of three pouaets four shUlingS' 
 sterling, or four pounds currency. 
 
 The Peruvian, Mexican, Columbian, and old Spanish dol- 
 lar, being of the full weight of four handred and sixteen 
 ' grains, and containing not less than three humdred and 
 seventy-three grains of pure silver, at the rate of four shil- 
 lings and two pence sterling, or five shillings and two pence 
 half-pence currency. 
 
 All British silver coins after the same rate as the sove- 
 reign in the same proportion as such respective coins bear 
 thereto. 
 
 And the copper coin legally current in the United King- 
 dom and that issued from the treasury of the province as 
 penny and half-penny pieces currency. 
 Amount of Bri- 2. No person shall be compelled to receive at any one 
 La'^be toSi'S ^^"^ ^ greater amount than fifty shillings currency in British 
 ed at onetime, silver money, nor more than twelve pence currency in co^^ 
 tXc^ if" per money ; and, in any payment, no account shall be taken 
 lf(e-^- -3 of any fractional part remaining due less than one half- 
 penny. 
 Bankers' notes 3. The holder of any undertaking or order for the pay- 
 pSyaMe^in gold ment of money, which is designed to be, and to serve the 
 or silver, and like purposo of notes or bills of bankers, or for circulating 
 afte/demami. ' Currency, whether payable to a real or fictitious person or 
 to the bearer thereof, or purporting to be, transferable by 
 endorsement or delivery, and whether made payable in gold 
 or silver or otherwise, may demand the full amount thereof 
 in gold or silver money from the party by whom the same 
 
"SITLE SXI.] IHLLS ASTD MILLERS. 311 
 
 is payable ; aad in default of such paj'^ment the party shall Chap. 84. 
 pay to such holder iaterest at the rate of twelve per cent 
 per anmum Tspou thft amoumt thereoi from the day of such 
 demand and refasal. 
 
 4. Every sach undertaking shall be tramsferablfe by suoh notes to 
 delivery only without eTsdorsememt or assignment; and bydeUrfry^nd 
 every helder ef such usdertaking may recover the amount tiwi°tioidoi-* ^^ 
 therein expressed as if the same were a prouiisory note, 
 
 made absolutely payable in gold or silver money. 
 
 5. The holder of any such order or undertaking being Tiieiioictermay 
 indebted to the person being the maker thereof may tender no'te"'toThe''ma- 
 the same to such maker in or towards payment of such ^"^atf^ " ^*^' 
 debt for the full amount therein expressed. 
 
 6. Any person issuing as circulating currency any pro- Banknotes not 
 missory note, bank note or bill for a less sum than five flTepoSnds°and 
 pounds, shall, for every such offence, forfeit ten pounds ; gSe'de"'^ ^''^^''^ 
 and any person issuing as circulating currency any promis- 
 sory note, bank note or bill, expressed to be payable other- 
 wise than in gold or silver money, shall, for every such 
 
 offence, forfeit a like sum. 
 
 7. The foregoing provisions shall not extend to treasury Treasury notes 
 notes of this province, nor to anj'- undertaking or order not ordersf bank ^ 
 designed for circulation as currency, but bona fide drawn ^ssory^^no^es' 
 by any person upon his banker or amy other person ; nor °ot intended as 
 shall they prevent any person indebted in a sum less than 
 
 five pounds from making to his creditor a promisory note 
 or undertaking to pay such sum. 
 
 CHAPTER 84. 
 
 OP MILLS AND MILLER S. 
 
 1. The tolls to be taken by every miller for grinding toUs ror pind- 
 wheat, rye, barley, buckwheat, or indian corn, or for grind- refuYateid ' **"' 
 ing oats which are not kiln dried, shelled and sifted, shall 
 
 not exceed one sixteenth part, nor the tolls for kiln drying, 
 sheUing, grinding and sifting oats, one eighth part, of the 
 %vhole quantity brought to the mill to be ground. 
 
 2. Every miller shall receive for hailing barley one sixth Toils for huii- 
 of the quantity, and for bolting or sifting flour or meal infflourfic?"" 
 ground at his mill, one pint out of each bushel of grain or 
 
 corn so ground. 
 
 3. ~ The quantity of grain or corn to be ground, shall be Quantity of 
 
 , ■ , Tj 11 ° ' grain, how as- 
 
 ascertamed by a sealed measure. certained. 
 
 4. A miller demanding or taking any larger toll than is Kne for taking 
 hereby aUowed, shall forfeit forty shillings for every such megaiTou.*'"^ 
 
312 PEOVISION^S, LUMBER, FUEL, ETC. [FART I: 
 
 Chap. 85. oifence, and shall pay the owner the full value of the grain 
 
 or meal taken beyond the prescribed toll. 
 Fine for rofa- 5. A miller refusing to grind any grain or com, or to 
 Aofsteanfmuis hull any barley which shall be in good order, or to bolt or 
 when excepted, gjf^. ^y Q^^^ qj. mgal, having the requisite machinery there- 
 for, shall forfeit iorty shillings for every offence ; but the 
 proprietor or manager of any steam mill may refuse to 
 receive or to grind any grain or corn, or to hull any barley, 
 and shall not be subject to the above penalty therefor, unless 
 he shall first receive and afterwards refuse to grind such 
 grain or corn, or to hull such barley. 
 Miefs^to^keep 6. Every miller shall have in his mill, erected in a con- 
 weights in muis venient place, properly fitted and provided, a good and 
 of five pran'ds.^ Sufficient beam and scales with proper legal weights, for the 
 use of persons requiring grain or corn to be ground at such 
 mill, and in default, shall, for every such offence, forfeit five 
 pounds. 
 
 CHAPTER 85. 
 
 OF THE REGULATION AHD INSPECTION OF PROVISIONS, LUMBER, 
 FUEL, ANj> other MERCHANDIZE. 
 
 All fish to be 1. All pickled fish intended for exportation in tierces, 
 inspected, &o. ijarrels, or half barrels, shall be inspected, weighed, and 
 branded, in accordance with this chapter, by a chief or 
 deputy inspector, duly appointed and sworn. 
 Appointment of 2. The govemor in council shall appoint in and for every 
 ciiief inspector, county a chief inspector of pickled fish, who shall be sworn 
 Bond,&o. into office, and shall give a bond, with two sureties, in five 
 hundred pounds, to her majesty, for the faithful discharge 
 of his duty. 
 Appointmentof S. Every chief inspector shall appoint 3 sufficient num- 
 deputies, &c. ijQj. of deputies, to act under him during pleasure, whose 
 duty it shall be to carry out faithfully the provisions of this 
 chapter. And he shall be responsible for their official con- 
 duct, and shall take a bond from each of them, in one hun- 
 dred pounds, with two sureties, and every such deputy 
 shall be sworn to the faithful discharge of his duty. 
 On any chief inspector ceasing to hold his office, such 
 bonds shall be deemed to be assigned to his successor, and 
 the deputies shall become and be the deputies of such suc- 
 cessor. Deputies already in office shall remain until re- 
 moved. 
 
 fpe"ot'/s not'"- . t\ j^2^ person who shall inspect or brand any cask of 
 duiyappointed. pickled hsh Without being duly appointed and sworn shall 
 
 be liable to a penalty of five pounds for every cask inspected 
 
 or branded by him. 
 
TITLE XXI.] PROVISIONS, LDMBEE, FUEL, ETC. 313: 
 
 PACKAGES. ChAP.BS. 
 
 5. All tierces, barrels, and half-barrels, in which pickled J'^™®]''/^^^^ . ^ 
 fish is intended to be packed, shall be made of sound well what materials 
 seasoned split or sawed staves, free from sap, and in no case '** '"' "^^' 
 to be of hemlock ; and the heading shall be of hardwood, 
 
 pine, or spruce free from sap, and planed on the outsides, 
 and shall be at least three quarters of an inch in thickness ; 
 the staves shall be five-eights of an inch in thickness ; staves 
 for salmon and mackerel barrels shall be twenty-eight inches 
 in length, and the heads between the chimes seventeen 
 inches. Staves for barrels for herring and alewives twenty 
 seven inches in length, and the heads between the chimes 
 shall be sixteen inches. The bung stave of all packages 
 shall be of hardwood, and all casks shall be hooped one- 
 third of their whole le^igth from each chime, with sound 
 good hoops, of not less than one inch in width, at the large 
 end for all tierces and barrels, and in no case to be of alder. 
 
 The makers of all tierces, barrels, and half barrels, shall Package to be 
 brand the initials of their christian names, and their whole maker, 
 surname, at or near the bung stave, under a penalty of two 
 shillings and six-pence, for every package not so branded. 
 
 6. The qualities of pickled fish shall be classed as 
 follows : 
 
 SALMON. 
 
 Salmon to be branded "No. 1" shall consist of the largest, salmon, No. i. 
 best, and fattest kind, being well split, the blood being well 
 washed out before being salted, well cured, in the best con- 
 dition, and in everji" respect free from taint, rust, or damage 
 of anj;^ kind. 
 
 Those branded "No. 2" shall comprehend the best salmon No. a 
 that remain after the selection of the first quality, and shall 
 be good sound fish, well split and cured, in good condition, 
 and in every respect free from taint, rust, or damage of any 
 kind. 
 
 Those to be branded "No. 3" shall consist of those that No. 3. 
 rero.ain after the selection of the two first qualities, but 
 lo.uEi be good fish, and in every respect free from taint or 
 rust. 
 
 MACKEREL. 
 
 Mackerel to be branded "No. 1" shall consist of the best' Maokerei,No. i. 
 and fattest mackerel, being well split, having the blood well 
 washed out before being Salted, well cured, in the best con- 
 dition, and free from taint, rust, or damage of any kind. 
 And shail measure not less than fifteen inches from the ex- 
 treraity of the head to the crotch, or fork of the tail. 
 
 Those to be branded "No. 2 large," shall comprehend the No. 2. 
 bast mackerel- that ' remain after the selection of the first- 
 quality, and shall be properly split alid washed, well cured, 
 
314 
 
 PEOVISIOirS, LiaiDEE, FUEL, ETC. 
 
 [part J. 
 
 Medium No. 2. 
 
 No. 3. 
 
 Medium Ko. 3. 
 
 "Small." 
 
 So. 4 
 
 "Sour." 
 
 Chap. 85. and in every respect free from taint, rust or damage of any 
 
 " kind, and shall measure not less than thirteen inches from the 
 
 extremity of the head to the crotch of the tail. All those of 
 the same kind and quality measuring from eleven to thir- 
 teen inches as above described shall be branded " No. 2." 
 
 Those to be branded "No. 3 large," shall consist of 
 good sound large mackerel, properly washed, well cured, 
 and free from taint, rust, or damage of any kind, and shall 
 measure fourteen inches and upwards from the extremity 
 of the head to the crotch of the tail. All those that mea- 
 sure from eleven to fourteen inches shall be branded 
 "No. 3." 
 
 All mackerel under eleven inches in length, of good sound 
 quality, and free from taint, rust, or damage of any kind, 
 shall be branded with the word "small," in place of a 
 number. 
 
 All short, sunburnt, or ragged mackerel of whatever class, 
 and not otherwise defective, shall be branded '■ No. 4." 
 
 All sour mackerel of whatever class, shall be branded 
 with the word " sour," in addition to other brands. y 
 
 HEEEING ANO ALEWIVES. 
 
 Herring, No. 1. Herring or alewives to be branded " No. 1," shall consist 
 of the largest and best fish. And those to be branded 
 "No. 2" shall be the smaller and inferior description. Both 
 qualities shall be well cleansed and cured, and in every 
 respect free from taint, rust, or damage of any kind. 
 
 All ripped herring shall be branded with the word " split" 
 in addition to other brands. 
 
 All herring that are not gibbed shall be branded with the 
 word " gross," in addition to other brands. 
 
 All rusty fish of whatever kind or class shall be branded 
 with the word " rusty," in addition to other brands. 
 
 All fish known as pickled fish, that may be cured in bulk, 
 and afterwards packed in barrels, shall be branded with the 
 word " bulk," in addition to other brands. 
 
 Tainted or damaged fish of any class or kind, shall on no 
 account whatever, be permitted to pass inspection. 
 
 No. 2. 
 
 "Split." 
 
 ' Kusty" fish. 
 
 Fish qured 
 " uulli.." 
 
 Tainted fish. 
 
 Ksh to be well 
 salted. 
 
 How packed. 
 
 7. All inspected pickled fish, whether ripped or other- 
 wise, shall have been well struck or salted, in the first 
 instance, and the qualities shall be those prescribed in the 
 sixth clause ; the fish shall be very carefully sorted, and 
 classed according to their respective numbers and qualities. 
 Each cask shall contain fish of the same kind and quality, 
 properly packed in separate layers, and on every laj'er of 
 fish so packed in the cask, a suflScient quantit}'- of suitable 
 salt shall be regularly placed; the quantity to be not 
 less than half a bushel for a barrel, and in like propor- 
 tion for other packages at the discretion of the inspector. 
 After the cask shall have been properly packed and headed 
 
TITLE XXI.] PROVISIONS, LUMBER, FUEL, ETC. 315- 
 
 it shall be filled with clean pickle, sufficiently strong to float Chap. 85. 
 a fish of the kind packed. Herring and ale wives, ^ind gj^sks to be 
 all mackerel except No. 1 and No. 2, shall be packed with piokie."^ ^' 
 coarse salt. 
 
 8. Casks shall contain the quantity of fish hereinafter ^if^ *<> be 
 prescribed for each cask respectively. The fish shall be ^"^'^ 
 carefully weighed, perfectly clear of the salt and pickle, 
 
 that is to say : 
 
 A tierce three hundred pounds. Tierce. 
 
 A barrel two hundred pounds. Barrel. 
 
 An half barrel one hundred pounds. - Half barrel. 
 
 9. There shall be branded on the head of every cask of what to be 
 pickled fish, in plain legible characters, after the same has cask. * 
 been inspected, classed, weighed and packed, in accord- 
 ance with this chapter, the description of the fish, the 
 number and the quality, the weight contained in the pack- 
 age, the initials of the christian name, and the whole sur- 
 name, of the chief or deputy inspector by whom the fish 
 
 was actually inspected, the name of the place where he acts 
 as inspector, the abridged name of the county, the letters 
 " N. S." for Nova Scotia, and the j'^ear of the inspection. 
 
 10. Every inspector who shall actually inspect and Fees. 
 brand any cask or package of pickled fish, or any cask or 
 package intbnded to contain pickled fish, in accordance 
 with all the provisions of this chapter, shall be entitled to 
 the following fees from the owner or the person who em- 
 ployed him. 
 
 For every tierce, seven and a half pence. 
 
 For every barrel, five pence. 
 
 For every half barrel, two and a half pence. 
 
 And for aU casks or packages intended to contain pickled 
 fish, one penny ; to be paid by the owner or person who 
 employed him. 
 
 11. The inspecting, classing, weighing, packing, and inspecting, &c., 
 branding any cask or casks of pickled fish, shall be done in sight' of inspeo" 
 the immediate presence and sight of an inspector ; and any '"''■ 
 inspector sufi"ering the same to be done, except in his Penalty. 
 immediate presence and sight, or who shall lend or suffer 
 
 his branding irons to be taken to be used, shall be liable to a 
 penalty of ten pounds for every offence. 
 
 '12. In every case, when it may become necessary, in Re-packing. 
 consequence of any casualty, to re-pack a cask of inspected 
 fish, such re-packing shall only be done by, or in the pre- 
 sence of, an inspector, if one be within five miles of the 
 place of re-packing ; and any other person attempting to Penalty. 
 re-pack or brand any such cask of pickled fish, shall be liable 
 to a penalty of five pounds, for every ofience. 
 
 13. Every chief inspector, by himself or deputy, shall inspector, &c., 
 be obliged, without any unnecessary delay, to inspect all """ 
 pickled fish, under the provisions of this chapter, when 
 called upon so to do, under a penalty of five pounds for 
 
316 PROVISIONS, LUMBEK, FUEL, ETC. [PAET I. 
 
 Chap. 85. every default ; provided, that no inspector shall be obliged 
 Proviso. to proceed more than five miles from his place of residence 
 
 for that purpose ; nor shall any inspector be compelled to 
 act, unless at least ten packages shall be ready for inspeC' - 
 tion ; he shall likewise inspect all tierces, barrels, and half 
 barrels intended to contain the piclded fish that ha is called 
 upon to inspect, and condemn all such casks or packages , 
 as shall not be made conformable to the provisions of this 
 chapter. 
 Penalty for in- 14. Whosver shall intermix, take out, or shift any in- 
 ing^fe"^'*'"" spected pickled fish, in or from any package thaL has been 
 " inspected, packed, and branded, or shall alter any brand on 
 
 any cask of pickled fish, after it has been branded by a 
 legally appointed inspector, cr shall re-fil] any package pre- 
 viously branded, or shift any head in any package, after it 
 has been inspected and branded, shall be liable to to penalty 
 of five pounds for every cask. 
 Penalty for ex- 15. Any persou who shali.export, or attempt to Gxport^ 
 Erande^d^&o.""'' any package of pickled fish, not inspected and branded in 
 
 accordance with this chapter, shall lorfeit ten shillings for . 
 Vessel not ai- every package exported, or attempted to be exported. Any 
 lowed a clear- vessel that shall have on board any pickled fish, not legally 
 inspected and branded for the purpose, and with the intent 
 of exporting r.uch fish, contrary to the provisions of this 
 chapter, shall not be allowed a clearance until such pickled . 
 fish shall be relanded. 
 Deputies shau 16. The deputy inspectors shall account to the chief 
 fnspeotor^&o!^'^ inspectors, under whom they act, once in every three 
 months, or oftener if required, for all fish inspected by them, 
 and the fees therefor, and shall pay over to him one-fifth of 
 the same, and shall describe in their returns the different 
 kinds and qualities of fish inspected by them. 
 Keturn to pro- 17. Every chief inspector shall make a return to the 
 L'rylwhentob^e' provincial Secretary of all the pickled fish inspected by liim 
 made, &o. qj- jjjy deputy ; the same to be made up to the last days of 
 March, June, September and December, in each year, and 
 delivered within the month thereafter, under a penalty, of ^ 
 five pounds for every month's neglect. 
 Re-inspection, 18. When any cask of pickled fish, branded by a deputy 
 *"■ inspector, shall prove unequal in quantity or quality to that 
 
 which may be indicated by the brand on the cask, or defi-, 
 cient in any of the requisites prescribed by this chapter, the 
 chief inspector may cause the same to be reinspected. And 
 if it appear that the defect arose from the condition of the 
 fish, or the bad quality of the cask, or the bad packing or 
 pickKng of the fish, at the time of the inspection, he may 
 recover the costs and charges of such reinspection from the 
 deputy v^ho branded the sarae. 
 peMiUe's™ "^ ^^- -^^^ actions for the recovery of penalties or damages 
 against inspec- on account of the miscouduct or neglect of any deputy 
 '""' inspector, may be prosecuted either against such deputy or 
 
TITLE XXI.] PROVISIONS, LUMBER, FUEL, ETC; 317 
 
 the chief inspector under whom he acts, who shall have his Chap> 85. 
 remedy against the deputy, either upon the bond given by " ' 
 
 him or by action on the case for damages ; and. in every such 
 action the judgment recovered against the chief inspector 
 shall be evidence of damages against euch deputy or his 
 sureties if the deputy shall have had due notice of the 
 action brought against the chief inspector. 
 
 20. All pecuniary penalties imposed by this chapter may Penalties how 
 be recovered by and in the name of any person who shall recoTered, &o. 
 sue for the same, and such penalties when recovered, shall 
 
 be for the use and benefit of the party sueing. 
 
 21. Actions against inspectors or their deputies, under Actions against 
 this chapter, shall be brought in the county where the where brought. 
 offence shall have been committed, and not elsewhere. 
 
 SMOKED HERRINGS. 
 
 22. The sessions in ever)'' county shall appoint inspec- Appointment of 
 tors of smoked herrings in all places where they may be '"^i'^^"'""- 
 required, and shall take a bond from all persons appointed, 
 
 in the sum of twenty pounds, with two sureties, for the 
 faithful discharge of their duty. 
 
 23. All smoked herrings intended for sale or exportation Must be weigh' 
 shall be culled, classed, weighed, and branded, by a legally ^d^jfji^speotor's 
 appointed inspector^ or in his immediate presence and 
 
 sight. 
 
 24. There shall be two qualities of smoked herrings^- No. i. 
 those to be branded "No. 1," shall comprehend the fattest 
 and best fish, and those to be branded "No. 2," the poorer. No. 2. 
 smaller, and inferior fish. 
 
 Both qualities shall be well cured and smoked, free from 
 taint, and not burnt or scorched. 
 
 All tainted, burnt, or scorched fish, and fish badly smoked "Re.use." 
 shall be considered refuse, and may be branded as such with- 
 out any other character. And every box of smoked herrings Weight of box. 
 shall contain twenty pounds of the qualities described. 
 
 25. Boxes intended to contain smoked herrings shall be Materials of 
 made of well seasoned boards, the sides, top, and bottom to sicns^e™'"' 
 be not less than half an inch in thickness, and the ends not 
 
 less than three q«arters of an inch in thickness; and .they 
 shall measure on the inside at least eighteen inches in length, 
 nine inches in breadth, and eight inches in depth ; they shall 
 be well nailed, and the tops or covers shall be planed or 
 shaved. 
 
 26. Boxes of smoked herrings, after having been care- Howirandod. 
 fully culled, classed, weighed and packed, shall bo branded 
 
 on the top or cover with the name of the inspector, his 
 place _ of residence, the quality of the fish, and the \vreight 
 contained in the box. 
 
 - 27. The fees for culling, classing, weighing, packing, and pees. 
 branding, shall be three pence per box ; and for culling, 
 
318 PROVISIONS, LUMBER, FUEL, ETC. [PART I, 
 
 Chap. 86. classing, weighing, and branding only, shall be two pence 
 
 per box. 
 Penalty on in- 28. Any person acting as an inspector of smoked her- 
 pmnied""' °'^' rings, not legally appointed, shall forfeit five pounds for 
 
 every offence. 
 Penalty for in- 29. Any pcrson Counterfeiting or using the brands of 
 rmixms, c. ^^ inspector, or being accessor)' thereto, or who shall shift, 
 intermix, or take out any smoked herrings, or shall alter 
 any brand on any box of smoked herrings, that has been 
 packed and branded, shall be punished with fine or imprison- 
 ment, at the discretion of the court, before which he may 
 be convicted. 
 ^™t*"Jfi*h *^t '^^' -^^y person exporting or attempting to export or 
 Erandeli. * "° Selling or offering for sale any box or boxes of smoked her- 
 rings, without being duly inspected and branded in accor- 
 dance with the provisions of this chapter, shall forfeit the 
 value thereof, but no such forfeiture shall exceed ten 
 pounds for any one offence. 
 Penalty for in- 31. Any inspector who shall inspect and brand any box 
 """"'"" of smoked herrings, not in accordance with the provisions 
 
 of this chapter, shall be liable to a penalty of two shillings 
 and six pence for every box so inspected and branded. 
 
 specting. 
 
 PISH OIL. 
 
 casksof fish oil, 32. On cvcry cask of fish oil guaged shall be branded, 
 or cut with a double iron, the initial letters of the christian 
 name of the guager, and the whole of his surname, and the 
 word "cod," " dog," "whale," "seal," or whatever word will 
 express the description of the contents. 
 
 Guager's duty 33. No guager shall be compelled to leave his residence 
 to guage a less quantity than five barrels ; and the fees for 
 guaging shall be at the rate of one shilling a puncheon, or 
 nine pence a barrel. 
 
 Fine upon gua^ 34. Any guager who shall falselv brand any cask of fish 
 
 ger for miscon- -i i ii j? ii ^ r -j. • 
 
 duct. , Oil, shall, tor every gallon, forfeit six pence. 
 
 Fine for acting 35. If any person shall act as a public guager of fish oil 
 without autho- without having been duly appointed and sworn, he shall for 
 nty. every offence, forfeit five pounds. 
 
 SALTED BEEP AND PORK. 
 
 d"sori^'tion *of ^^" '^^^^^ ^^^11 b® three qualities of salted beef and pork 
 
 inlpccted°beef respectively, which shall be designated " mess," " prime," 
 
 and pork. ^^^ u ^argo." " Mess beef " shall comprehend all large and 
 
 fat beef of the first quality, without hocks, shins, or neck 
 
 pieces ; " prime beef," good and well fatted beef of the next 
 
 quality, each barrel containing one round at least, and not 
 
 more than two hocks or shins, and half the neck ; and 
 
 " cargo beef " inferior quality iDeef, each barrel containing 
 
 not more than three hocks or shins and half the neck. 
 
 " Mess pork" shall consist of the rib pieces of good fat 
 
 ' hogs only ; " prime pork" of the next best pieces, with no 
 
TITLE XXI.] PRO VISIONS, LUMBER, FUEL, ETC. 319 
 
 legs, and not more than three shoulders and twenty pounds Chap. 85. 
 
 ot head in any one barrel ; and " cargo pork" shall be fat '■ 
 
 and merchantable, with no legs, and not more than fomr 
 shoulders and twenty-five pounds of head in a barrel. 
 The snouts above the tusks and the ears shall be cut oif all 
 the heads, and the brains and bloody grizzle taken o^t. 
 All pieces of pork shall, as nearly as possible, be cut square, 
 aiad mess pork as near as may be to the weight of four 
 pounds ; and no piece of prime or cargo pork shall exceed 
 twelve or be less than four pounds in weight. 
 
 37. The staves and heading of the casks in which salted oaska for paeic- 
 beef and pork respectively shall be packed for exportation, an^p^k; their 
 sliall be made of good seasoned hard wood, free from sap monsiona"'^ '^'" 
 and every other defect ; and each cask shall be secured with 
 
 two iron hoops, and fourteen ash^ oak, yellow birch, hickory, 
 or maple hoops ; and the casks to contain beef or pork for 
 home consumption shall be made either of the above descrip' 
 tions of hard wood, or of good seasoned spruce, with spruce 
 or hard wood heading, free from every defect, with hoops 
 similar in number and quality to those required for casks 
 intended for exportation, with the exception of the two 
 iron hoops, for which wooden ones may be substituted — ^the 
 heads in all cases to be made of good thick stuff, and the 
 hoops to be well set and drove. The dimensions of pork 
 and beef barrels shall be seventeen inches between the 
 chimes and twenty-eight - inches long, and shall not guage 
 less than twentyseven, nor more than thirty gallons. Half 
 barrels either for beef or pork, shall contain not less than 
 fourteen, nor more than fifteen gallons. * 
 
 38. Every barrel shall contain two hundred pounds nett Casks to eon- 
 weight of beef or pork, not less than three ounces of salt- ^efght oTmeat 
 petre, and, if pork, half a bushel of salt, and if beef, a peck tSn^de'crip"-^'' 
 and a half of salt; the salt to be Turk's Island, Bahama tion. 
 Island, or Saint Ube's ; and every half barrel shall contain 
 
 one half the quantity and quality of beef or pork, salt and 
 saltpetre, above prescribed for each barrel respectively. 
 
 39. The inspectors and re-packers shall within the dis- Duty of inapec- 
 tricts assigned to them respectively, examine and sort all packers -/mode 
 salted beef and pork intended for exportation or sale, and "^ ^andiag. 
 see that the same, and the casks in which they are packed, 
 
 are of the qualities and dimensions hereinbefore in that 
 behalf prescribed, and shall brand on one of the heads of 
 each barrel the figures " 200," and " 100" on each half 
 barrel, and the words " mess," " prime" or " cargo" " beef 
 or " pork" as the case may be, the name of the inspector, 
 and the. place of. inspection or re-packing, at full length, in 
 plain legible characters; and they shall carefully secure 
 their branding irons, so as to put it out of the power of any 
 person tp use the same. 
 
 40.. No beef or pork shall be repacked until it has laid ^o''^'' '"^^epared 
 in s.alt fourteen days. for repacking. 
 
duct. 
 
 320 PROVISIONS, LUMBER, FUEL, ETC. [PART 1. 
 
 Chap. 85. 41. The inspectors shall receive for inspecting or re-pack- 
 j^^JT^" ing each barrel of beef or pork one shilling, and seven pence 
 tors. " half-penny for each half barrel ; for putting on each hoop 
 wanting, two pence ; and for flagging, nailing, pegging and 
 pickling each barrel, seven pence half-penny; and for each 
 half barrel, five pence ; the owner to supply the salt. 
 Fine for misoon- 42. Any inspector or re-packer who shall inspect, re-pack 
 or brand any cask of salted beef or pork contrary to, or 
 shall in any way offend against these provisions, shall forfeit 
 forty shillings for every offence. 
 Finos for ex. 43. AH saltcd bccf Or pork, packed or re-packed, whether 
 speotei bee? or for home Consumption or exportation, shall be inspected, 
 pork. re-packed and branded in tlie manner hereinbefore pre- 
 
 scribed ; and any person who shall ship for exportation any- 
 salted beef or pork without being so inspected, shah forfeit 
 forty shillings for each cask ; and any master having the 
 same on board his vessel shall forfeit twenty shillings for 
 every cask. 
 Proceedings _ 44. If any iuspsctor or re-packer shall have reason to 
 rJsp^oionTiiat suspect that any salted beef or pork is shipped contrary to 
 Self o?po'rifhas ^he last soction, he may apply to a justice of the peace, 
 been shipped, assigning uudcr oath, the causes of his suspicion ; and the 
 justice, if he shall think the suspicion well grounded, shall 
 issue his warrant to the inspector to board and search the 
 vessel ; and if any salted beef or pork not inspected, re- 
 packed or branded, shall be found therein laden, any justice 
 of the peace., upon the application on oath of siich inspector, 
 shall direct his warrant to the sheriff or to any constable of 
 the county, commanding him to enter the vessel and cause 
 the same to be re-landed and delivered to the owner, upon 
 his paying all expenses of the warrant, search and re-land- 
 ing. Any person obstructing the search or re-landing, shall 
 forfeit fifty pounds, 
 ^"tin^'^or'^^in- ^^- ^^ '"^^^J ps^^on shall take out of the cask, or shift or 
 termi^n^ re- intermix any salted beef or pork which has been duly 
 fMk? "^ °^ re-packed and branded, and shall load on board any vessel, 
 or sell the same, he shall forfeit fifty pounds. 
 
 INSPECTION OF FRESH BEEF. 
 
 Fresh beef i re- 46. Frcsh beef slaughtered in the province, and sold by 
 weigMngf&o. Weight at a stated price, shall, if required, be inspected and 
 weighed by an officer appointed for the purpose, to be 
 named" by the seller, who shall, at his discretion, make a fair 
 allowance to the purchaser for any loss he may sustain by 
 the same being weighed within four hours after the slaugh- 
 ter, or for any bruises found thereon, or to the seller, by 
 making compensation to him for what m4.y have been impro- 
 perly trimmed off or reduced in weight by the purchaser. 
 The hide and tallow shall, if the seller so require, be weighed 
 with the carcase, and paid for by the purchaser as for the 
 like quantity of beef; and it shall be imperative upon the 
 
TITLE XXI.] FKOVISIONS, LUMBER, FUEL, ETC. 321 
 
 piirchaser to take such hide and tallow, under a penalty of Chap. 85. 
 twenty shillings for each carcase. 
 
 47. Nothing in the preceding section contained shall i-ive cattle and 
 prevent any person from selling or purchasing live cattle by font™ct'8'*''ex- 
 weight, nor shall extend to any contract with the govern- opemtimSust 
 ment or any public department. section. 
 
 48. Where no more than two carcases shall be inspected Officers' fees. 
 and weighed at one time, the officer shall receive nine pence 
 
 for each ; and where three or more, six pence for each. 
 
 49. The officers for every neglect of duty shall respec- Kne upon oai- 
 tively forfeit not less than two nor more than five pounds, of duty. "'^^^^"' 
 
 BREAD. 
 
 50. All bread intended for sale shall be marked in Roman Bread for sale 
 characters, with the initial letters of the grain of the flour °^ ™arkod 
 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. 
 
 51. All bread intended for sale shall be made to the fol- Weight of 
 lowing weights respectively, and no other, viz : four pounds, "''^^^' 
 two pounds, one pound, and eight ounces. 
 
 52. No person shall sell any bread that shall not be Rne for seUing 
 marked in accordance with the fiftieth section ; and any b^e'adf'""^ 
 person violating the same, by having in his possession, sell- 
 ing, or offering for sale, any bread not duly marked, shall 
 
 forfeit for every loaf not duly marked, not less than one nor 
 more than five shillings. 
 
 53. Every person selling bread shall keep a pair of scales h^"j°\^?f''°s 
 and weights, in order that the purchasers of such bread itee? scales and 
 may, if they require, have the same weighed. weights. 
 
 54. Any iustice of the peace, or constable authorized by Justices or con- 
 
 ,1 J. r -J.- ii. 11 pj-T, ij. stables authori- 
 
 the warrant ol a justice, or the clerk oi the market, may zed may seize 
 visit the premises wherein bread is made or sold, and may gj""^ shmf'^of 
 search for and weigh all bread therein; and if any bread be I'^js?*' ^ ^°''- 
 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 per- 
 sons under the direction of such justice. 
 
 55. If any person shall obstruct or oppose the officer in Fine for oh- 
 making such searcher seizure, he shall forfeit not less than ''^^'i^s »ffi«er 
 twenty nor more than forty shillings. 
 
 56. Any person selling bread deficient in weight, and the Pine for selling 
 offence being proved by the same being weighed'within weight.*''™' °^ 
 twenty-four hours after baking, before a justice, shall, unless 
 
 the deficiency appear to have been occasioned by some un- 
 avoidable accident, forfeit not less than six pence, nor more 
 than two shillings and six pence for every half ounce 
 deficient. '' 
 
 57. If any servant or journe-yman in the employ of a Fine for eer. 
 baker, shall offend against these provisions, he shall forfeit neymen'offend'- 
 not less than twenty nor more than forty shillings, and in '"S- 
 
322 PEOVISIONS, LUMBER, FtTEL, ETC. [PART 1. 
 
 Chap. 85. default of payment he shall be imprisoned not less than 
 
 seven nor more than fourteen days. 
 
 Baker may be 58. If any baker shall pay any of the foregoing penalties 
 
 iiner^inoumd in consequence of the wilful neglect or default of his ser- 
 
 m^sooXo't'^^f vant or journeyman, any justice of the peace, upon the 
 
 sorvanta. application, of such baker, may cause the offender to be 
 
 brought before him, and order him to pay a reasonable sum 
 
 by way of recompense, and if he shall not comply with such 
 
 order may commit him to jail for a period not exceeding 
 
 a month. 
 
 Loaves made to 59. Thcse provisious shall uot apply to loaves made to 
 
 i'ng'"'le°ss''S order and rasped by the desire of the customer, nor to 
 
 iialf a pound, loaves Or cakcs sold, weighing less than half a pound. 
 
 excepted', limi- . n ■* i o i •* ini 
 
 tatton of suits. Prosecutious for breach of any such provisions shall be 
 commenced within three days after the offence committed. 
 
 GRAIN AND CORN. 
 
 Weight ofgrain gQ. Merchantable grain and corn shall be of the follow- 
 
 bushei.""' ^" ing weight per bushel, viz: wheat sixty pounds; foreign 
 
 barley, fifty two pounds, and if the produce of the province, 
 
 forty eight pounds : rye, fifty six pounds; Indian com, fifty 
 
 eight pounds ; oats, thirty four pounds ; and malt, thirty 
 
 nine pounds. 
 
 Wheat and bar- (51. All wheat and barley uot the produce of the pro- 
 
 pro'du'ced, to"be vincc shall be sold by weight, and the number of pounds 
 
 sold byweight. ^^ ^-j^^ ^^^^ scction established as the standard weight of a 
 
 bushel thereof respectively shall be deemed to represent a 
 
 bushel of such wheat or barley. 
 
 Grain sold ^on g2. All grain and corn sold on board of and intended to 
 
 livero'd ftom a be delivered from any vessel, shall be weighed and measured 
 
 w°e?ghed°and by a swom mcasurcr ; but grain or corn may be exported 
 
 "vTmmeasMer ^i' be sold in a storc without his intervention, unless the 
 
 purchaser require to have the same weighed or measured 
 
 by such officer. 
 
 ma?Sabi6 ™' ^^- ^^ ^^^ mcasurcr shall find the same heated, or in any 
 
 grain not to be other rcspect Unmarketable, he shall inform the purchaser, 
 
 of, unless byre- and shall not take any account thereof unless at the request 
 
 Ser."^ ^"'" of ttie purchaser. 
 
 Fees of mea- 64. The grain measurers shall receive from the seller for 
 
 mealures'!'*"^ inspecting and weighing or measuring grain, or corn, at the 
 
 rate of two shillings and six pence for every hundred 
 
 bushels. The measures used by them shall, in all cases, be 
 
 struck 'with a straight stick rounded at the edges. 
 
 Fines tor viola- 65. If any person shall sell or deliver any grain or corn, 
 
 Bions. ° ^"'"' in violation of these provisions, he shall forfeit six pence 
 
 for every bushel of such grain or corn. 
 Fine upon mea- 66. If any grain measurer shall undertake to attend the 
 conduct!'"^ ™^' weighing and measuring of gram or corn from more than 
 one vessel at the same time, or shall be guilty of any neglect 
 or derelection of his duty, he shall forfeit a sum not exceed- 
 ing five pounds for each offence. 
 
TITLE XXI.] PROVISIONS, LUMBER, FUEL, ETC. 323 
 
 FLOUR AND MEAL. ChAP. 85. 
 
 67. All barrels and half barrels of floiir and meal brought Hour to be 
 into or offered for sale in the city of Halifax, or in any of weifiltoibar- 
 the counties, townships, or districts, for which weighers of "^^'*°- 
 flour and meal may be hereafter appointed, shall, before 
 
 being used or offered for sale, or carried out of the city or 
 any such county, township, or district, be Aveighed by one 
 of the weighers of flour and meal, and each barrel shall 
 contain not less than one hundred and ninet3^-six pounds 
 nett weight, and each half barrel not less than ninety-eight 
 pounds nett weight. 
 
 68. Every barrel or half barrel found to be of full ^o^blauded 
 weight, shall be branded by the weigher with the initials 
 
 of his christian name and his surname at full length, and 
 with figures denoting the nett weight — no barrel or half 
 barrel deficient in weight shall be branded until the importer 
 or owner shall have the deficiency supplied. 
 
 69. Every person sending from, or offering for sale Fine for selling 
 within the city of Halifax, or within any such county, town- ught of weitht, 
 ship, or district, any barrel or half barrel of flour or meal °' °'''' '"■'">3e<i- 
 deficient in weight, or without its having been previously 
 branded, shall be liable to a penalty not exceeding twenty 
 shillings for each barrel, ten shillings for each half barrel, 
 
 and six pence for every pound weight deficient. 
 
 70. Weighers shall receive for weighing every barrel, Weighers' fees. 
 one penny, and every half barrel, one half penny, from the 
 
 person employing them. 
 
 71. When any barrel or half barrel shall, after having Fine for impro 
 been branded, be emptied of its contents, the brands thereon empty brandel 
 shall be erased before the same shall be. refilled for the pur- ''^"eis, &a. 
 pose of exportation or sale, and any person refilling any 
 
 such barrel or half barrel without first erasing the brands, 
 shallbe liableto apenaltynot exceedingfive shillings forevery 
 barrel, and two shillings and six pence for every half barrel. 
 
 72. To prevent any damage or loss sustained in unpack- Tare of barrels, 
 ing flour or meal to ascertain the tare of the barrels or half tained. 
 barrels, the weigher may affix a tare according to his judg- 
 ment without unpacking or weighing the same, which judg- 
 ment shall be final unless disputed by the buyer or seller, 
 
 in which case the barrel or half barrel may be unpacked, 
 but the reasonable expense attending the same shall be paid 
 by the party complaining. 
 
 73. If any weigher shall brand any barrel or half barrel Kne upon 
 contrary to these provisions, he shall be liable to a penalty Sisoonduct."^ 
 of forty shillings for every barrel, and twenty shillings for 
 
 every half barrel ; and every weigher offending in any other 
 manner, shall be liable to a penalty of ten pounds. 
 
 74. These provisions shall not extend to the weighing S""^®™*""'^"' 
 of barrels or packages of flour and meal manufactured oepted, if weigh- 
 within the province, if branded with the name of the pro- by the proprfe' 
 prietor of the mill where manufactured, and which shall ''"■°"'^°°"^^'' 
 
 21 
 
324 PROVISIONS, LUMBER, EUHL, -ETC. [PART -I, 
 
 Chap. 85. have the nett weight thereof distinctly branded thereon, 
 
 unless the purchaser shall require the same to be weighed 
 
 by the public weigher ; and if any such flour or meal shall 
 
 be sold without being so marked, or the barrel or package 
 
 so branded shall not contain the full weight branded thereon, 
 
 the proprietor of such mill shall be liable to a penalty not 
 
 exceeding twenty shillings for each barrel, and ten shillin;.'S 
 
 for each half barrel, and six pence for every pound weight 
 
 deficient. 
 
 Wheat flottr 75. These provisions shall not extend to wheaten flour 
 
 exportation ex- which may be warehoused and shall be taken therefrom for 
 
 cepted. exportation. 
 
 Weighers, how 76. The sessions may, upou the recommendation of the 
 
 their returns, grand jury, annually appoint weighers of flour and meal 
 
 for their respective counties or for particular townships or 
 
 districts therein in manner as township officers are appointed, 
 
 who, when sworn, shall have the same authority and perform 
 
 the same duty as the weighers of flour and meal in the city 
 
 of Halifax, and every weigher shall make a quarterly return 
 
 to the provincial secretary's office of all flour and meal 
 
 weighed by him, to be made up to the last days of March, 
 
 June, September, and December, and delivered within one 
 
 month thereafter. 
 
 VeMtab|es,how 77. Potatoes and all edible roots, shall hereafter be sold 
 
 dard weight, by weight, and the standard bushel thereof shall be as fol- 
 
 *"• lows : potatoes and turnips, sixty pounds. Allother edible 
 
 roots, forty pounds. /g'r^ -^' ^'-•^ ^^ y 
 
 TARE ON SUGAR.-. ^«'----^'»'' 
 
 Tare on sugar, 78. The tare to be allowed on the sale of brown or raw 
 how ascertain- gugar^ shall, upou ovcry barrel, be twenty two pounds ; and 
 upon every other package of the weight of fourteen hun- 
 dred pounds or less, eleven pounds for every hundred 
 pounds of gross weight ; and upon every package of such 
 sugar above the weight of fourteen hundred pounds, the 
 tare shall be ten pounds for every hundred pounds of gross 
 weight, 
 rinefor not ai- 79. Any person who shall not allow the full tare as herein 
 saifi."^ '^"^^ °° prescribed, shall forfeit two shillings and six pence for every 
 hundred weight of the sugar upon which such full tare shall 
 not be allowed. 
 
 COAL AND SALT. 
 
 Coals, how sold. 80. Coals sold from shipboard, by retail, shall be sold by 
 
 the ton weight of two thousand two hundred and forty 
 
 pounds avoirdupois, and its subdivisions. 
 
 coaiandsaitto 81. All coal Or salt sold from shipboard by retail in this 
 
 be measured, province, shall be weighed or measured by officers appointed 
 
 for the purpose, 
 liable to forfei. 82. If such coal or Salt shall be delivered to, any truck- 
 '^thoS^^'heing ™^° o^ other person without having been weighed or raea- 
 measured. gured according to the two lltet sections, the seller &hall 
 
TITLE XXI.] PEOYISIONS, LTJMBEE, FUEL, ETC. 325 
 
 forfeit the same or the value thereof to the use of the Chap: 85. 
 poor. 
 
 83. The measurers of coal shall receive from the seller rees of meaeu- 
 five pence for every ton, and measurers of salt shall receive "^®"' 
 
 two pence for every hogshead which they shall respectively 
 measure. 
 
 84. If any measurer of coal or salt shall undertake to Fine upon mea- 
 attend the admeasurement of coal or salt from more than oonduot!"^ ""'*" 
 one vessel at the same time, he shall forfeit a sum not ex- 
 ceeding forty shillings for each offence ; and for any neglect 
 
 or misconduct other than the oifence last mentioned, a sum 
 not exceeding three pounds. 
 
 ^OLE LEATHER. 
 
 85. Every inspector of sole leather shall provide himself inspectors of 
 with proper scales and weights, and shall weigh every side shau^leep^ 
 of sole leather presented to him for inspection, and shall ^Jightt; their 
 impress thereon : — ?."'y "i inspeo- 
 
 i^T. 1,1 nil n tion; marks and 
 
 1 ° - His own surname, and the name of the place lor numbers to be 
 
 which he is inspector. impressed. 
 
 2 ° . The word " best " if the leather be manufactured of 
 
 good hides and in the best manner. 
 
 3 ^ .' The word " good " if the leather be manufactured 
 
 of good hides in a merchantable manner. 
 
 4°. The word "damaged" if the leather be manufac- 
 tured of damaged hides in a merchantable manner. 
 
 5. ° . The word " bad " if the leather be not of one of 
 the qualities above mentioned. 
 
 6 ° . The weight of the side shall also be distinctly im- 
 pressed thereon, either in figures or in wordfr afe 
 length. 
 
 86. The inspector shall make such a deductioni as he- Deductions 
 shall think reasonable from the actual weight of evesy side whSi i^aiier is 
 of sole leather inspected by him which shall not h&- T^er-tms^slea^^^^"" 
 fectly dry ; and he shall receive three pence for every side 
 
 of sole lefither which he shall inspect, weigh aad stamp., 
 
 87. If any person shall offer for sale any sole leather FJne for offer- 
 which shall not have been duly stamped, he shall forfeit a stfmp"ed\oie''' 
 sum not exceeding five shillings for every sid'ei. leather. 
 
 88. If any inspector shall violate his duty,, he shall for- ^J'^n^Joj jioia- 
 feit a sum not exceeding twenty shiUirngs far every ofience. inspector. ^ 
 
 HAY. 
 
 89. Hay may be weighed in scales,, or by steel-yards, Hf y : how 
 duly stamped by the clerk of th®' market ;• and weighers wcilhers' fees.. 
 shall receive at the rate of a penny for every hundred 
 
 weight of hay weighed by, them;- and' four pence for every 
 mile they shall be required to. travel,, if tHe distance shall, 
 exceed one mile. 
 
326 provisions, lumber, fuel, etc. [part i. 
 
 Chap. 85. cordwood. 
 
 Gordwood for 90. Every stick of cordwood intended for retail shall 
 lu^and'diiSenl Dieasure four feet in length, accounting half the scarf, and 
 sions. be sound hardwood, and every cord shall be of the full 
 
 length of eight feet, and four feet high, and piled close. 
 (Jordwood from 91. All cordwood sold from shipboard shall be stirveyed 
 meas'nr'Sfimea! ^^d measured before sale by an officer appointed for the 
 rarers'fees. purpose, who shall receive four pence from the seller for 
 
 every cord by him surveyed and measured. 
 Fine for sening 92. Persons Selling such cordwood without having the 
 moMured.''^"'^ Same surveyed and measured under the last preceding sec- 
 tion, shall forfeit the same, or the value thereof, 
 undimensioned 93. All sticks of such wood not of the requisite length, 
 
 wood to be re- 1 11 I • j. i i j.i o ; 
 
 jected. shall be rejected by the measurer. ' 
 
 ProTiaions in 94. Pcrsons offering any cordwood for sale, shall pile 
 
 erooke"wo'od" ^^^ 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 b^ 
 
 rejected, and the deficiency in the cord made good before 
 
 sale thereof. 
 
 Fine for mea- 95. If any measurer shall violate his duty, he shall for- 
 
 hi"du™ * '°^ feit a sum not exceeding twenty shillings for every offence. 
 
 LUMBER. 
 
 Boards to te of 96. In the survey of boards there shall be four quali- 
 
 four qualitiee i i- ■ . 
 
 their desorip- i'ii'H,_ vxz,. . 
 
 *><>"• First. — Clear boards at least one inch in thickness. ■ 
 
 Second. — Merchantable boards of first quality, sawed of 
 equal thickness throughout, and, when not hardwood, 
 squared at the edges with a saw ; to be free from rots, 
 wanes, worm holes and auger holes ; at least seven-eighths 
 of an inch in thickness, and containing not less than ten 
 superficial feet. 
 
 Third. — Merchantable boards of second quality, of the 
 same dimensions, and free from rots, shakes and worm holes ; 
 and 
 
 Fourth. — Refuse, to include all other descriptions of 
 boards. 
 Dimeneien 97. All dimension deals shall be twelve, fourteen, six- 
 
 ueais defined. ^^^^^ eighteen, twenty, and twenty-one feet long, nine, 
 eleven, and twelve inches wide, and three inches thick, 
 respectively, having an allowance of from one to two inches 
 in the length, from a quarter to half an inch in the breadth, 
 and from one-eighth to a quarter of an inch in the thick- 
 ness : they shall be smooth and fair, of equal width and 
 thickness throughout, butted at both ends with a saw, free 
 from rots, sap, stains, large knots, rents, shakes, worm and 
 auger holes, and shall have the stubshot sawn off 
 p)ankforexpor- 98. AH plauk intended for exportation, except hard- 
 Biiean&auaiuy wood plank, shall be from ten to twenty feet in length, nine 
 
TITLE x:xi.] PEOIVISIONS, LUMBER, FUEL, ETC. 32T 
 
 inches in breadth, and three inches and one-eighth in thick- Chap. 85. 
 ness, and of the same quality as dimension deals. 
 
 99. All ton timber jfor exportation shall be straight lined Ton timber for 
 and squared,-and with not more than one inch of wane on sS and qua-' 
 the 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. 
 
 100. Merchantable spruce orpine timber shall be six- MerohantaWe 
 teen feet, and hardwood timber ten feet in length at least, hardwood °um- 
 and at least ten inches square ; and where it does not ex- and quality.*'*^ 
 ceed sixteen 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. 
 
 101. In the survey of shingles there shall be three swngiestoheof 
 
 „Tj-"„™ „: . three qualities ; 
 
 qualities, viz. : _ _ their desorlp- 
 
 No. 1. — Pine or cedar shingles not less than eighteen "'"'^• 
 inches long, four inches wide, and three-eighths of an inch 
 thick at the butt, and clear of sap, slash, shakes, twists and 
 worm holes. 
 
 No. 2. — Pine, cedar, spruce or hemlock shingles not less 
 than sixteen inches long, three and a half inches wide, and 
 from a quarter to a quarter and a sixteenth of an inch thick, 
 to be free from sap, slash, shakes and worm holes ; and 
 
 No. 3. — Refuse, to include all other descriptions of 
 shingles. 
 
 No. 1 and 2 shingles shall be put up in bundles not less 
 than twenty-five tiers or courses twenty inches wide, four 
 bundles to be considered as a thousand. 
 
 All shipping shingles for exportation shall be half an inch 
 thick at the butt and extend the same thickness three-fourths 
 of the length, and be shaved from thence to the point, and 
 from four to four and a half inches wide. 
 
 102. Clapboards shall be four feet four inches long, five Se£^™rthLnd 
 inches wide, and half an inch thick at the back. description. 
 
 103. Lathwood shall be of fresh growth, straight rift, Lathwood ; de- 
 free from bark, heart and knots, and measured by the how measlired. 
 cord. 
 
 104. Hogshead staves shall be forty-two inches long, staves; their 
 
 /. ,7 T \. Tr J. n J i_ IP • 1. ■ 1 J description and 
 
 irom three and a halt to nve and a halt inches wide, and mode of caicu- 
 three quarters of an inch thick on the thinnest edge, and i'^'"'"- 
 not more than one inch on the back. 
 
 Barrel staves shall be tliirty-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 twelve 
 hundred to the thousand. 
 
 105. Upon any contract or bargain for a quantity of ^n™'',"j„"j"^^' 
 timber or lumber for exportation, the same shall be under-' P>""*a8ed for 
 stood to mean that which is hereinbefore described, and the shaffte as re-" 
 purchaser shall not be obliged to receive any other unless lorTbeT^'' ^' 
 
328 PROVISIONS, LUMBER, FUEL, ETC. [PART L 
 
 Chap. 85. under a special written agreement specifying what Le actu- 
 
 ' ally is to receive. 
 Duty of lumber 106. The surveyors of lumber shall, when required,, dili- 
 «uTrey?" "" * gently examine and survey every description of lumber 
 described in any of the preceding sections whether for sale or 
 exportation in their respective districts, and shalt mark the 
 same as directed by this section at the time of the survey ; 
 but if it shall have been previously surveyed in the pro- 
 vince, he shall only re-survey and mark anew the same when 
 he shall have any doubt of the measure ; and on every sur- 
 vey he shall furnish the seller and the purchaser each with 
 a certificate thereof specifying the quality and dimensions, 
 and on every stick of ton timber shall mark in figures the 
 contents in cubic feet, the initials of his name, and the pri- 
 vate mark of the purchaser ; and on all deals and plank 
 shall mark in lead on the ends, the length, breadth, thick- 
 ness, and superficial contents and his own private mark; and 
 on all boards the superficial contents and his private mark. 
 Fees of survey. 107. The surveyors of lumber shall receive the follow- 
 ora of lumber. ^^^ ^^^^^ ^j^ . ^^^ measuring and surveying all ton timber, 
 
 three pence per ton, together with four pence for every 
 mile they shall necessarily travel in coming to the place of 
 the survey. 
 
 For every thousand superficial feet of deals, plank, scant- 
 lings and boards respectively, nine pence for surveying and 
 three pence for marking ; and for viewing only where the 
 same shall have been previously surveyed and the surveyor 
 shall doubt the measure, three pence. 
 For every cord of lathwood, six pence. 
 For every thousand shingles, three pence ; and for culling 
 and repacking, six pence. 
 
 For every thousand hogshead staves, one shilling and six 
 pence. 
 
 For every thousand barrel staves, nine pence. 
 Surveyors cer- 108. The Surveyor's certificate shall be binding between 
 eieott'vrovi" ^^^ scllcr and purchaser, but in case they disagree, either 
 du°ute ""'^^ "' P^^*y ™^y ^^^^ ^° three other surveyors who are in no way 
 interested in the matter, in dispute, to re-survey the same, 
 and their decision shall be final. If the first survey be con- 
 firmed, 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. 
 Fees of survey- 109. The Surveyor's fees shall, in all cases, be paid by 
 ;seUCTf*seiiert the Seller, who shall remove all obstacles in the way of the 
 •duty on survey, gurvcyor which may prevent him from viewing and measur- 
 ing with facility any timber or lumber which he may be 
 required to survey, and shall, if necessary, have the same 
 / canted. But the purchaser, upon any special agreement 
 
 therefor, or if he shall require a fresh survey, shall pay the 
 surveyor's fees, . .• 
 
"TITLE XXI. J WEH}HTS AND MEASUEES, 329 
 
 110. All timber, lumber, and shingles, shall be surveyed Chap. 86. 
 and marked, as prescribed by this chapter, before delivery Timber, lumber 
 on sale or shipment for exportation, and if any person shall forfefte'df/soia 
 violate this provision, he shall forfeit the article or the value ^Jyey ed X'ai? 
 thereof; but in the city of Halifax entire cargoes of lumber f ™|j^nf'"' "'^ 
 sea borne may be disposed of without the intervention of oepted. 
 
 a surveyor between the first buyer and seller. 
 
 111. Upon the survey of shingles, clapboards and staves, boirftnd"^"'^" 
 respectively, those which are deficient in quality or dimen- fectlve'^tobtre' 
 sions shall be rejected, jeoted.' 
 
 112. All shingles and clapboards exposed to sale by Sfoards^for- 
 quantities in bundles, and not holding the number they are felted when oc- 
 marked for, shall, unless it appear that part thereof have deficient in the 
 been accidently shaken out after packing, be forfeited. marked quanti- 
 
 113. Any person who shall, without the permission of Fine for de- 
 the owner of any timber or lumber, alter, deface, or destroy veyor's^ marica 
 the marks of a surveyor of lumber thereon, shall forfeit a on timber, &e. 
 sum not exceeding twenty shillings for each offence. 
 
 114. Any surveyor of lumber violating; any of these Fine for lumber 
 provisions, shall forfeit a sum not exceeding five pounds for ting Ms duty. 
 each offence. ' 
 
 115. All prosecutions under these provisions shall be Limitation of 
 commenced within twelve months from the time of the com- 
 naission of the offence. 
 
 CHAPTER 86. 
 
 OF WEIGHTS AND MEASURES. 
 
 1. Weights and measures shall be according to the stan- ^e*ghts*and 
 
 dard now in. use. ' measures. 
 
 2; The clerk of the peace shall be furnished at the ex- tob?fum?a^hed 
 pense of each county or district, with a set of standard with sets of 
 weights and measures, which shall be accessible to every we^h^s^and 
 person at all reasonable times for the purpose of assay. measures. 
 
 3. The clerks of the market, and in places where no oierks of mar 
 such officers are appointed, the town clerk shall keep a set stamped ^"^ 
 of weights and measures, long, liquid and dry, which shall meSures!"^ 
 be stamped by the clerk of the peace with the letter S, and 
 
 they shall be standard weights and measures 
 
 4. Every inhabitant of each town respectively, making ah weights and 
 
 J. . S . , ■ ,1 1 V Ti measures to be 
 
 use of weights and measures m the sale of any commodity, assayed and 
 shall, in one week after public notice given by the clerks of ^'^'"p^'^ 
 the market for such town, bring, or cause to be brought, 
 their weights and measures to be assayed, for each of which clerk's fees, 
 assay the clerk shall have two pence for his trouble, and 
 shall cause such weights and measures to be branded and 
 
330 
 
 CORPORATIONS. 
 
 [part I 
 
 Chap. 87. stamped with the initial letter of the town where such assay 
 
 shall be made. 
 Inspection of 5. The clerks may inspect all weights and measures, and 
 miMuresT lia- once in three months, or oftener, visit every inhabitant sell- 
 when n^oVslaSi ing publicly by weights and measures, and shall have full 
 ped or branded, power and authority to seize all such not stamped or branded 
 
 as aforesaid, and may assay and mark and dispose of the 
 
 same for their own use as satisfaction for their trouble 
 
 therein. 
 Penalty. 6. The penalty for selling by weights or measures, not 
 
 so branded, shall be twenty shillings for each offence, and 
 
 for selling by weight or measures less than the standard, 
 
 ten pounds. 
 
 TITLE XXII. 
 
 OF CORPORATIONS. 
 
 CHAPTER 87. 
 
 OF GENKRAL PROVISIONS RESPECTING CORPORATIONS. 
 
 Corporations ) 
 their powers 
 and privileges 
 
 Bye-laws and 
 proceedings to 
 be regulated 
 thereoy. 
 
 Proceedings, 
 how recorded 
 when required 
 by the act of in- 
 corporation. 
 
 1. AU corporations shall, where no other provision is 
 specially made,. be capable in their corporate name to sue 
 and be sued, to prosecute and defend actions, to have a 
 common seal which they may alter at pleasure, to elect in 
 such manner as they may deem proper all necessary officers, 
 and to fix their compensation and to define their duties, 
 and to make bye-laws and regulations not contrary to law 
 nor repugnant to the charter or act by which any such cor- 
 poration 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 members 
 which shall constitute a quorum, the number of shares which 
 shall entitle the members to one or more votes, the mode of 
 voting by proxy, the mode of selling shares for the non- 
 payment of instalments and of transferring shares generally, 
 the tenure of craice of the several officers, and the purchase, 
 conveyance and sale of their real and personal estate; and 
 they may annex penalties to their bye-laws not exceeding 
 in any case the sum of five pounds 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 
 
TITLE XXII.] CORPORATIONS. , 331 
 
 in force untii a copy thereof, and also, if required by the Chap. 87. 
 charter or act of incorporation, a list of the names of all 
 the members of the corporation, with the amount of the 
 stock held by each member respectively, certified under the 
 hand of the president and secretary, or if the company shall 
 not have been organized, under the hands of three at least 
 of the members of the company, of whom one at least shall 
 have been named in the charter or act of incorporation, 
 shall be recorded in the ofiice of the registrar of deeds in 
 in such county as may be directed by such act or charter ; 
 and no subsequent bye-law, nor any subscription of additi- 
 onal stock, nor the transfer of any stock or shares in the 
 corporation, except by devise or bj' descent, or other act 
 of law, shall be effectual, until a certificate thereof, under 
 the hand 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 registry of deeds for the county or district in 
 which such real estate may be situate. 
 
 4. The first meeting of all corporations shall, unless First meeting, 
 otherwise provided in their charters or acts of incorpora- "'""' 
 tion, be called by notice signed by any one or more of the 
 persons named in the charter or act of incorporation, and 
 
 setting forth the time, place and purposes of the meeting ; 
 and such notice shall, seven days at least before the meet- 
 ing, be delivered to each member, or left at his place of 
 residence, or published in some newspaper of the county 
 where the corporation may be established, or where its 
 j5rincipal place of business shall be situate, or if there be no 
 newspaper in the county, then in two of the Halifax news- 
 papers. 
 
 5. Whenever by reason of the death, absence or dis- How called in 
 ability of the ofiicers of any corporation there shall be no ^^^^^ '"'^'"' 
 person authorized to call or preside at a meeting thereof, 
 
 any justice of the peace may, on a written application of 
 three or more of the members, issue a warrant to any one 
 of swch 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 ofiicers Powers and du 
 to fill all vacancies then existing, and may act upon such tion^heifas- 
 other business as might by law be transacted at regular ^^^^'i'^'^- 
 meetings of the corporation. 
 
 7. Notwithstanding the corporation may hold real estate, shares to be 
 the shares of the stockholders shall be deemed to be per- perty" 
 sonal property for all purposes. 
 
 8. The real estate of the company may be sold under Real estate to 
 execution in the same manner as personal estate, and the sonaipropCTty! 
 
332 COEPORATIONS. [PART I. 
 
 Chap. 87. sheriff shall immediately after the sale execute a deed to 
 ~ the purchaser, which shall convey all the estate and interest 
 of the company in the real estate so sold and conveyed. 
 Acts to expire 9. All acts or charters of incorporation shall expire, 
 operSion'wUh- unlcss the Company thereby established shall go into opera- 
 in three years, j^^qq within three years from the passing thereof, unless 
 
 otherwise specially provided therein. 
 Charters to con- 10. All Corporations whose charters after they shall 
 years after ex- have gone into Operation shall expire by their own limita- 
 sing'eonceraf.''' tion, or shall be annulled by forfeiture or otherwise, shall 
 nevertheless be continued as bodies corporate for the term 
 of three years after the time when they would have been 
 so dissolved, for the purpose of prosecuting and defending 
 suits by or against them, and of enabling them to settle and 
 close their concerns, to dispose of and convey their pro- 
 perty, and to divide their capital stock ; but not for the 
 purpose of continuing the business for which such corpora^ 
 tions were established. 
 TrijBteesmaybe H. When the charter of any Corporation shall expire or 
 wind up. busi- be annulled, as provided in the preceding section, the 
 three^y'eara."'^ Supreme court on application of any creditor of such cor- 
 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 effects of the corporation, and to collect the 
 debts and property due and belonging thereto, with power 
 to prosecute and defend suits in the name of the corporar 
 tion, 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- 
 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, 
 offloera and 12. When any oflScer or member of a corporation is 
 
 sued. 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. 
 Liability of in 13. No member of any corporation shall be relieved from 
 dmduai mem. ijjjiyj^^g^l liabiHty 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 
 monies on account of the debts of the corporation, shall be 
 
TITLE XXII.] CORPOEATIONa. 333 
 
 entitled to credit therefor; in the books of the corpora- Chap. 87. 
 tion. 
 
 14. The directors or board of managers of any such cor- Liability ordi- 
 poration, the liability of whose members shall be limited by somiiy inspe- 
 the act or charter of incorporation, unless otherwise speci- ovirtralfn- 
 ally 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 subscribed 
 without the sanction of the company to be obtained at a 
 meeting thereof held in accordance with the bye laws, 
 unless such larger amount of dealing be specially authorized 
 by the act or charter of incorporation ; but this section shall 
 not extend to insurance companies. 
 
 15. The acts of incorporated' companies performed with- ^e's^aiidT^u- 
 in the scope of their charters or acts creating them, shall out seal. 
 
 be valid, notwithstanding they may not be done under, or 
 be authenticated by the seal of such corporations. 
 
 16. No corporation shall issue notes or bills for pay- No ""'^f^^^^^ 
 ment of money, for the purpose of circulating the same as ing or insurance 
 money, or engage m any banfemg or insurance business specially auth'o- 
 unless especially authorized to do so by its act of incorpo- "^«^- 
 ration, 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 Arbitrations, 
 
 T i j__L r J. • I.- 1. J.1, how conducted 
 
 any disputes or matters oi controversy m which the cor- wiiere a oorpor- 
 poration may be interested, or any damages to which" they »"<"!" a, party, 
 may become liable, shall be directed to be settled or ascer- 
 tained by arbitration, the mode of proceeding on such arbi- 
 tration, unless otherwise prescribed, shall be as follows, 
 viz : unless both parties shall concur in the appointment of 
 a single arbitrator, each party on the request of the other 
 party shall, by writing under the hand of the parties inte- 
 rested, 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 ques- 
 tion, and after such appointment shall have been made, 
 neither party shall have power to revoke the same without 
 the consent of the other, nor shall the death of any of 
 the parties operate as a- revocation thereof; and if 
 either party shall fail to appoint an arbitrator within 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 deter- 
 mine the matters in question, and his award shall be final. 
 If S.ny arbitrator, after his appointment, die, or become inca- 
 bable from absence or otherwise, or refuse, or for seven 
 days neglect to act as arbitrator, the party by whom he was 
 nominated, or a judge of the supreme court, may appoint 
 
334 CORPOEATIOKS. [PART I. 
 
 Chap. 87. in writing some other person to act in his place, and if for 
 
 — " — "seven days after such substituted arbitrator shall have 
 
 received notice in writing from the other party for that 
 purpose he fail to do so, the other arbitrator may proceed 
 to hear and determine the matters in question. 
 
 Where two arbitrators shall have been appointed, they 
 shall, before entering upon the matters referred to them, 
 appoint by writing under their hands an umpire to decide 
 in case they shall differ, and if the umpire shall die, refuse, 
 or for seven days neglect to act, they shall forthwith appoint 
 another umpire in his place, whose award, together with 
 that of one or both of the arbitrators, shall be final. 
 
 The arbitrators or umpire may call for the production of 
 any documents in the possession or power of either party 
 which they or he may think necessary for determining the 
 matters referred to them, and may examine the parties and 
 their witnesses on oath, and administer the oaths necessary 
 for that purpose. 
 
 Unless otherwise provided in the act or charter of incor- 
 poration, 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 subrnisson to any such arbitration may be by rule or 
 order of any court. 
 Abstract of re 18. AH ioint stock incorporated companies doing busi- 
 joint stock in- UGss m this provmcc, by agents or otherwise, shall, once m 
 panies'to be"™" every year, produce and file, in the provincial secretary's 
 hied, &0. 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 specified in such 
 requisition. 
 Penalty. 19. Any such corporate body refusing or neglecting to 
 
 furnish such abstract, or to comply with such requisition, shall 
 forfeit a penalty of five pounds for every month during 
 which such default shall continue. 
 Insurance cor- 20. On or before the last day of February in every year, 
 make'annuai a rctum shall be made into the provincial secretary's office, 
 of'proTinoM°^ ^7 ^^^ president, agent, or manager, of every company, cor- 
 secretary. porate body, or agency, doing business as insurers in this 
 province, of the business of insurance upon lives, againstfire, 
 and upon all marine risks done by them respectively, between 
 the first day of January and the 31st day of December pre- 
 ceding such return, both days being included, which return 
 shall comprehend the number of poUcies entered into, the 
 number of policies renewed, the amount insured, and the 
 premiums paid, and in case of ansurance against fire, the 
 nature of the property insured, whether real or persorfal, 
 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, 
 
TITLE XXII.] AGEICULTUEAL AND LAND CORPORATIONS 335 
 
 and shall also state the capital and other security for the Chap.-88. 
 payment of losses, and where the same is situated ; and in 
 case of companies and corporate bodies out of Nova Scotia, 
 whether there is any security or capital within the province, 
 for the payment of losses, and the nature, permanency, and 
 amount thereof, which. returns shall be certified to be true, 
 by the president, agent^r manager of every such company, 
 corporate body, or agUcy respectively ; and every such 
 president, agent, or manager, neglecting to make such return 
 or knowingly make a false or defective return, shall forfeit 
 fifty pounds. 
 
 21. All acts of incorporation of wharf, pier, or break- Acts of ineorpo- 
 water companies, heretofore passed by the legislature, paniesf aoI'.^To 
 whether temporary or perpetual, and also all such acts of in- December*"!?!! 
 corporation hereafter to be passed previous to the session of 
 the general assembly, in the year one thousand eight hundred 
 and seventy-five, shall continue in force until the thirty-first 
 day of December, in that year, and no longer unless renewed 
 by act of the legislature. 
 
 CHAPTER 88. 
 
 OP AGRICULTURAL AND LAND CORPORATIONS. 
 
 1. Whenever twenty persons or more shall raise ten Agricuitnrai 
 pounds per annum, or upwards, to be applied for the improve- hew organSfed. 
 ment of agriculture, they shall thereupon become a corpo-' 
 
 rate body by such name as they shall think fit, with all the 
 privileges and obligations in chapter eighty-seven, but such 
 privileges shall continue -only so long as there are twenty 
 members or more in the society, and they shall annually 
 raise the sum of ten pounds at the least and apply it for the 
 improvement of the local agriculture. 
 
 2. Whenever any British subiects desire to form an Formation ofan 
 
 ...«.,■' 1 J. , r association for, 
 
 association tor the purchase and improvement oi crown improvement of 
 lands on the lines of the contemplated trunk line of railroad •'°'°'^" 
 from Halifax to Quebec, they may transmit the names of 
 such persons, not less than twenty, as they wish to repre- 
 sent them, to the commissioners of lands and emigration, to 
 be transmitted to the lieutenant-governor of this province, 
 who shall thereupon, if, with the advice of council, it be 
 determined to invest such persons with corporate powers, 
 direct their names to be inserted in the royal gazette, and 
 a patent to issue, clothing such persons and their co-part- 
 ners, with the privileges and legal liabilities of a corpora- 
 tion, upon the following terms, subject to such restrictions 
 as may, by the governor in council, be deemed necessary : 
 
336 AGRICULTURAL AND LAND COEPOEATIONS. [PAET I, 
 
 Chap. 88. First — The name of the company, and the names of its 
 
 Privileges, lia- directors, to be lodged in the office of the provincial secre- 
 
 sUiotlonS the" ^^^/j ^^^^ ^^ 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 
 
 ,■',,. ■.. Avith power to sue and be sued in their corporate capacity. 
 
 Third— The shareholders to be liable only to the extent 
 
 of their shares. W 
 
 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 government, with power to 
 purchase any further quantity, when one-half of the original 
 purchase has been sold and settled. 
 
 Fifth — ^The lands to be laid off in lots of one hundred 
 acres, at the expense of the government, and numbered on 
 the plans from one to five hundred, it being provided in the 
 general grant, that every lot on which there is not a dwell- 
 ing 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 government, and 
 become a part of the public domain, upon a declaration of 
 the governor in council to that effect, without office found. 
 Sixth — Where the lands purchased are in one block, and 
 are not included in any township, they shall be formed into 
 a township, and the inhabitants, whenever they shall num- 
 ber 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 
 fifty thousand pounds, but may be increased by one pound 
 for every acre of land purchased from the provincial 
 government above the quantity specified in the fourth con- 
 dition. 
 Power of com 3. The Company shall have power over such lands as 
 panyover an . ^-j^^j gijaH purchase- — over mines not subject to legal reser- 
 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. 
 Company may 4. The Company may enter into contracts with any com- 
 
 contiactfor .. •■iniji ■ ■ -, , , 
 
 railways run- missioucrs appomtcd by the provincial government, to 
 theS lamis!^^ construct SO much of the railway as will run through the 
 lands purchased, and to work and repair such railway after 
 it is made'; but no greater amount shall be chai'ged for the 
 construction and working of such sections of the railway 
 than is paid for constructing and Working other portions of 
 the line. 
 
TITLE XXIII.] if. THE POOE. 337 
 
 ^^^ /^ ^^^-^ Chap. 88. 
 
 TITLE XXIII. /st'L , f^^^^^-^^~ -.**f. 
 
 t-^ <^.C2v-i»-«-^ ' 
 
 .«<; ,;j^-, ^* 
 
 /'i- 
 
 OF t™ pook. '..^...^.^^j^^^ry 
 
 ■ —^ ^7^!^^ "*' ,y^ V ' - _'"-*-V»— •"«-/i^ ^ 
 
 CHAPTER 89. 
 
 OP THE SETTLEMENT AND SUPPORT OF THE POOE. 
 
 1. The words " township" and " settlement" when used Definition of th« 
 in this title shall be held to mean any district set off and ^"''^ township, 
 established as a district for the support of the poor. 
 
 , 2. The grand jury shall annually at the sessions nomi- Orerseers of 
 nate ten freeholders out of every township, of whom the poStedT °'^' 
 court shall appoint five to be overseers of the poor ; and if 
 any person so appointed shall cease to reside in the town- 
 ship, or shall die within the period for which he was 
 appointed, any two justices for the county may appoint 
 another to act instead tintil the next meeting of the grand 
 jury and court of sessions. 
 
 3. Every person who hath lived as an hired servant one settiement,how 
 whole year therein under an agreement to serve the same s"'"^'^- 
 master one whole year then next before application for relief, 
 
 or hath executed a public annual office therein, or hath been 
 
 assessed and paid his share of poor and county rates in the 
 
 township during one year at one time, shall be entitled to a 
 
 settlement; and any person who shall have resided in any persons entitled 
 
 poor district for five years consecutively after arriving at *° thtf "/gj^gf"' 
 
 the age of twenty-one years, and who, during that time, 
 
 shall not have received aid from the overseers of the poor 
 
 as a pauper, shall have a settlement on such poor district ; 
 
 and all persons under the age of twenty-one years who have under age. • 
 
 served an apprenticeship within any poor district to any 
 
 trade for the space of two years, shall have a settlement 
 
 therein. 
 
 4. The settlement of any legitimate child shall be that settlement of 
 of the father, if the father have any ; if not, that of the ohiwren. 
 mother, if the mother have any; illigetimate children shall 
 
 have the settlement of the mother if the mother have any. 
 But in case a child has no settlement by parentage, the birth 
 place of such child shall be the place of settlement, 
 
 5. A married woman shall have the settlement of her settlement of 
 husband, if the husband have any ; if not, her own settle- """^"^ women 
 ment, if she have any, shall not be suspended by her marriage. 
 
 6. A legal settlement shall cease when a new one is settlement to 
 
 1 ,° I 1, . . cease when new 
 
 gamed, and shall not revive. one acquired. 
 
 7. When a poor district shal| be divided or a new dis-iQ^o^^s^o^a^^i- 
 trict created, the settlement of any person dwelling within or the erection 
 such divided or newly created poor district, shall be within triot °^^ "^'^ 
 
338 THE POOR. [PART I. 
 
 Chap. 89. the limits of the district in which such person may have 
 
 dwelt at the time of such division or creaition. 
 
 Proosedings 8. Any psrson applying to the overseers of poor of any 
 
 tho^'remof ai of township for relief who shall not have obtained a settlement 
 
 a pauper?™ " therein, shall be required to declare on oath before a justice 
 
 of the peace his last place of residence, and if he be 
 
 found to have gained a settlement within the province a 
 
 copy of the declaration certified by the justice, with the 
 
 amount of expense incurred, shall be transmitted to the 
 
 overseers of the poor of the township to which such person 
 
 belongs. 
 
 If the overseers 9. If such last mentioned overseers refuse or neglect to 
 
 £is"1etSment removc such person, two justices, by a warrant, shall cause 
 
 reftisetoj^e- g^^^j^ pgrson to be removed to the township where a last 
 
 move Jiim, a ir i,'i ^ i_i r ±i 
 
 warrant for his settlement has been obtamed; and the overseers oi the 
 removaimayis- p^^^ there shall receive such person and pay to the over- 
 seers of the first named township the necessary expense 
 incurred about his removal. If the overseers of the last 
 named township have no money in hand to pay such expense, 
 they shall stand charged therewith until the next assess- 
 ment made on the township to which such person be- 
 longs. 
 Persons near of 10. The father, grandfather, mother, grandmother, chil- 
 require<f to'''^' dren, and grandchildren respectively, of every old, bhnd, 
 maintain their lame, impotent, or other poor person not able to work, 
 poor re a ions. ^^^^^ ^^ sufficient ability, shall relieve and maintain at their 
 own charge, every such poor person, as a general or special 
 sessions shall direct, and in case of refusal shall forfeit five 
 shillings per week for such poor person, to be sued for in 
 the name of the overseers of the poor. 
 The property of H- Where any husband or father shall forsake his wife 
 Faking'thJi^r fa- °^ children, or any widow shall forsake her children and 
 miiies may, if leave them a public charge, two justices on the application 
 Seized ani'i sold of the oversecrs of the township, shall issue a warrant to 
 port.*'""' ™^ seize the goods, and to let out and receive the annual rents 
 and profits of the lands of such husband, father or widow, 
 towards the maintenance of such wife, child, or children ; 
 and when the seizure shall be confirmed by the sessions 
 any two overseers may, as occasion shall require, dispose at 
 public sale of such goods or so much thereof ,. as shall be 
 necessary, and shall apply the proceeds towards the main- 
 tenance of such destitute persons. 
 suppOTted*" ^^ 12. The children of deceased parents who have gained 
 where^deoeased a settlement in any township, shall, if paupers, be supported 
 
 gafned a settle- bj' SUch township. 
 
 Appeals provi- • ^- ^^ ^^^ overseers on behalf of the township or any 
 
 ded for parties other persoii shall feel aggrieved by any proceedings under 
 
 aggriovo . ^jj|g chapter, such overseers or person may appeal to the 
 
 next sessions to be held foj- the county where the township 
 
 is or the person shall reside, and the sessions shall hear and 
 
 determine the same, and their order shall be final. 
 
TITLE XXIII. J THE POOE. 339 
 
 14. If the justices, on an appeal concerning the settle- Chap. 89. 
 ment of a poor person, determine that such poor person Prooeedings on 
 was unduly removed, they shall then or at a future sessions appeal wher» a 
 
 1 i 1 • 1 i ii 11 . ,1 , person has been 
 
 order to be paid to the appellants, any money that may unduly remo- 
 have been paid by such appellants, or may be ,due from ^^^' 
 them as overseers on account of such poor person between 
 the time of the undue removal and the determination of the 
 appeal, the same to be recovered as liereinafter provided. 
 
 15. Upon the determination of an appeal concerning the Costs on appeal, 
 settlement of a poor person, or upon proof of notice of an allowed"*^ 
 appeal given by the proper officer to the overseers of the 
 
 poor, though the appeal be not prosecuted, the justices shall 
 then or at a future sessions, order to the successful party 
 on a trial,jpr to the party notified if not further prosecuted, 
 such costs as in their discretion are reasonable, to be taxed 
 and allowed according to the rates adopted in the supreme 
 court, which shall be paid by the unsuccessful party or the 
 party giving such notice. 
 
 16. If the overseers or other person ordered to pay such Amount order- 
 sum of money or costs, shall, after service of a copy of such how^recoTeredl 
 order, refuse to pay the same, the party in whose tavor such 
 
 order is made may sue for and recover the amount as if it 
 were a private debt with costs ; and the production and 
 proof on the trial of the order or copy thereof and of the 
 service thereof, shall be suificient proof of the debt. 
 
 17. Every township shall be liable to pay any expense TownsWps ii- 
 which shall necessarily be incurred for the relief of a pauper, of *poor"^£ter 
 by any person who is not liable by law for his support, after "o''"^- 
 notice and request made to the overseers of the township, 
 
 and until provision shall be made by them. 
 
 18. If any person shall bring any poor and indigent per- Penalty for imr 
 son into any township where such person has not a lawful fng^^a ^pau^fr 
 settlement, knowing him to be poor'and indigent, and shall ""'oatownsEip, 
 leave him therein with intent to charge such township with 
 
 his support, he shall forfeit a sum not exceeding twenty 
 pounds for every such offence. , 
 
 19. The inhabitants of every township liable to pay poor Town meetings, 
 rates shall hold two meetings annually if necessary, to pro- hSidSg. ^^'^'^ 
 vide for the support of their poor, which shall be held on 
 
 the first Mondays of April and November. 
 
 20. The overseers of the poor in the several townships Orerseerstono- 
 shall at least ten days before the times appointed for holding ings by adver- 
 meetings to provide for the support of the poor, cause adver- *'=ementB. 
 tisements to be posted up in at least five of the most public 
 
 places in the township, notifying the inhabitants to meet 
 on the several days respectively for that purpose, and in 
 case of neglect such overseers shall forfeit ten pounds. 
 
 21. The inhabitants present at such meetings having Proceedings at 
 first chosen a chairman to preside, shall vote such sums of ^eytoie voted', 
 money as they shall judge necessary for the support of the assessors oho- 
 poor for the current year or until the next meeting, and 
 
 22 
 
340 THE POOR. [PAET I, 
 
 Chap. 89. incidental expenses connected therewith; and shall choose 
 so many collectors as they may deem necessary to collect 
 the poor rates for the district or township within which 
 such meeting shall be holden, and shall also choose a clerk, 
 to be called the clerk of such poor district, who shall act as 
 clerk to the overseers of the poor for the district ; and such 
 inhabitants shall award to their clerk a reasonable remune- 
 ration, to be fixed at sflch meeting, and added to the amount 
 to be assessed on the district. 
 Meetings may 22. If the business of the meeting cannot be completed 
 neo^ssar™*''^ on the days above respectively named, the chairman with 
 the consent of the majority of those present, shall adjourn 
 the meeting as occasion may require to conclude the 
 , business. 
 DeBcienoies of 23. If the money voted at any meeting shall t)e insuffi- 
 Toted'at'sub8''e! cieut for the support of the poor, the inhabitants, at their 
 quent meeting, next meeting, shall vote sufficient to make good the defici- 
 ency. 
 Poor houses 24. The inhabitants, if deemed advisable, may, at such 
 Sredj u^lehow meeting, determine to erect or hire a building for a poor 
 low managed, house, and may vote money for that purpose and for the 
 annual repairs and other necessary expenses connected 
 therewith; and thereupon the overseers shall proceed to 
 hire or erect a building as directed, the title and interest 
 in which, when convej'ed to them, shall vest in them 
 and their successors in office as a body corporate. The 
 overseers shall have the control and management of the 
 poor house and the supervision and government of the 
 inmates, and may appoint the officers and keepers thereof, 
 and may purchase materials upon which the labor of the 
 poor may be profitably employed. They shall annually sub- 
 mit an account of their proceedings and of the general state 
 of the institution, and of their receipts and expenditures, 
 for the examination and audit of the sessions. 
 Proceedings to 25. Separate suits shall not in future be brought against 
 -Th^r'ie'^byge- defaulters, but every collector shall make a general 
 "fStstre™ tora i'^^^'"'! ^o a justice withiu the township, or if none reside 
 gi;ren, fees', &o. there to any justice of the county, of every person upon 
 his list, who, after demand made, shall not have paid his 
 rate ; and the collector shall make oath in writing before 
 such justice, setting forth the name of every defaulter, the 
 sum assessed, that the demand has been made, and that the 
 rate is unpaid; and thereupon such justice shall forthwith 
 issue a general warrant of distress against the several defaul- 
 ters in the form in the schedule, directed to a consta,ble not 
 being such collector, commanding him to levy upon the 
 goods of each person named in the warrant the sum due by, 
 such person, with constable's and justice's fees. Tlie con- 
 stable shall forthwith execute the warrant, and pay over the 
 amount collected to the collector, who shall thereupon pay 
 the same to the overseers. The justice's fee for such war- 
 
■fflTLE SXIII.] THU POOR. 341 
 
 rant shall be three shillings and six pence, and the con- Chap. 89. 
 stable's fee for each person in the warrant shall be one shil- 
 ling, but the constable shall have no travelling fees or 
 poundage, and the justice's fee shall be apportioned among 
 the several persons, if more than one, in the warrant. 
 
 26. The justices in general or special sessions, as the Appellants to be 
 case may be, may relieve appellants as they shall see fit, and sessions^. ''^ *''* 
 may order the overseers of the poor to refund any excess 
 
 of rates collected. 
 
 27. No person shall be assessed for the support of the Parties iiaWe to 
 poor unless in the opinion of the assessors he is able to pay ^^ ^seasod. 
 
 a rate of at least one shilling annually. 
 
 28. If any person think himself ovei>rated he may appeal OTer-rated per- 
 to the next sessions or to the next special sessions to be peal"^^ °'^" 
 held for hearing such appeals, in the county or district 
 
 wherein the assessment was made ; and the order of such 
 court of appeal shall be final. 
 
 29. The overseers shall applj'^ all sums of money voted .^propriation 
 and received by them for the purposes specified ; and any lectors may be 
 collector who shall neglect to pay over to the overseers any |^|^ ^^ ""^'^ 
 sum by him collected may be sued by them, and the amount 
 
 shall be recovered as if it were a private debt. 
 
 30. The overseers of the poor shall within one month Accounts of 
 after the expiration of their office render to the clerk of the andhowrende" 
 peace of the county in which they reside, to be laid, before '"^' 
 
 a general or special sessions, an account of all money 
 received and the particulars of all expenditures by them for 
 the support of the poor, and shall account for the same on 
 oath, if required, before such sessions. In case there is no 
 clerk and treasurer for the district, they shall enter their 
 proceedings in a book to be kept for the purpose, and at 
 the expiration of their office shall deliver the same, and any 
 money in hand unexpended to their successors. 
 
 31. The general or special sessions shall examine the Sessions to au- 
 accounts of overseers of the poor when so submitted) counts? ^' 
 and shall allow or disallow the same as shall seem proper, 
 
 and determine the just balance that may be due thereon. 
 
 32. Every person appointed an overseer of poor who ^i°8 fofefusai 
 shall refuse to serve shall forfeit five pounds, to be recovered seer. 
 
 by the overseers of poor next in office for the same place. 
 
 33. Overseers of poor who shall not within one month Fme for ne- 
 after the expiration of their office render to the clerk of the ler accounts as 
 peace an account of all sums of money received and ex- '^i""^''''- 
 pended by them, shall forfeit five pounds. 
 
 34. If the inhabitants of any township shall neglect to SliSeTbJ 
 meet as required, or, having met, shall neglect to make *'^^ sessions, in 
 adequate provision for' the support of their poor, the justices to assess for the 
 in session or any special sessions called for the purpose, ^"pp"'^'*'* p"™- 
 shall, on the application of the overseers of poor for such 
 township, amerce the same in a sum necessary for that 
 purpose. 
 
342 THE POOE, [PAET T, 
 
 Chap. 89. 35^ Every person appointed a collector who shall refuse 
 to?s%emsin"To *° servo shall forfeit forty shillings, and another collector 
 asrve; appoint- shall be forthwith appointed in his place. 
 coikctos'to^ 36. Every collector shall, once in every three months, 
 count and pay account with and pay to the overseers all money received 
 sJe" oneeeveVy by him ) and upoH neglect so to account and pay, the same 
 three months, jjjg^y ^^ recovered by the overseers as a private debt. 
 Fine for eoUeo- 37. Every collector who shall neglect for thirty days 
 toj-^negiecting ^f^^^ acceptance of office to perform the dnty thereof, shall 
 
 forfeit five ponnds. 
 reraons receiv- 38. When any person shall apply for and obtain relief 
 refund' the from the overseors, and it shall happen that snch person 
 amount if able. ^^^ ^^ ^j^g ^|jjjg possessed of or entitled to any property, 
 out of which the expenses so incurred may be repaid, the 
 overseers may demand and recover from such person a 
 repayment of the expenses so incurred, as if it were a pri- 
 vate debt ; and any money recovered shall be accounted for 
 by such overseers as other public money. 
 Assessors not! 39. No person being an assessor shall on that account 
 
 exempt from as- , ,V a.j t."!,!! 
 
 sessments ; line be exempt irom asscssments ; and any assessor who shall 
 t^aase^sl* tti*em? negloct to assess himself in a just proportion, shall forfeit 
 selves. five pounds. 
 
 Commissions to 40. The sossions shall establish the rate of commission 
 coUectors. ^^ ^jq allowed to collectors of poor rates, but the same shall 
 
 not exceed five per cent. 
 Forfeitures, 41. All forfeitures under this chapter, when recovered,, 
 
 ow app le . gjjg^ii ijg applied to the support of the poor of the town- 
 ship. 
 Clerk and trea- 42. The inhabitants at one of their meetings may, if 
 ap^pointod*^ * they See fit, provide a salary for an officer to be called clerk 
 and treasurer of the district, and thereupon may appoint a 
 person,not being an overseer, assessor or collector,, to fill the 
 office. He shall give a bond to the overseers by their name 
 of office, with two sureties, in double the amount of the 
 annual assessment, or thereabouts, conditioned for the faith- 
 ful discharge of his duty, and shall be sworn into office. 
 »aty of clerk. 43. The clerk shall be under the direction of the town 
 meeting while in session, and shall keep a correct record of 
 its proceedings, from time to time, in a book to be furnished 
 him for that purpose, which book shall be open for inspec- 
 tion to all rate payers at all reasonable times. He shall 
 assist the assessors when required, in writing out and copy- 
 ing rate bills ; he shall assist the overseers in making up 
 their accounts, and shall audit and check the same. 
 Duty of trea- 44. The treasurer shall be under the direction of the 
 amor. townsHp-meeting while in session, and he sbadl be authorised 
 
 to give receipts and discharges to collectors for monies paid 
 by them to him, and be shall pay over monies so received 
 upon orders addressed to him in that behalf by the over- 
 seers ; he shall file away for futiwe reference all accounts, 
 __ papers, and vouchers relating to his office, and produce the 
 
 bonds to be 
 given. 
 
TITLE XXm.] THE POOE. 343 
 
 same when required by the town meeting or the overseers, Chap. 89. 
 and shall generally discharge the duties of clerk and trea- 
 surer to the district; he shall not receive or take any com- 
 missions or other remuneration except his salary, which 
 shall not be required to be voted annually, but shall be 
 continued until otherwise altered by a vote ot the town 
 meeting. 
 
 45. This chapter shall extend to the eity of Halifax in chapter appi;- 
 all cases where its provisions are not inconsistent with Haiikx" wh^r'e 
 those in the act concerning the city, passed in the session wHh°aorcff*jn- 
 
 of 1851. corporation. 
 
 46. The meeting may appoint one arad the same person ^"""b^iSk 
 to be clerk and treasurer if they see fit and treasurer. 
 
 SCHEDULE. 
 
 Form of general warrant <f d'lMress. 
 
 County of ) To A. B., one of the constables of the said 
 , f county. 
 
 Whereas by a rate and assessment made in conformity 
 with law, the persons named in the schedule have been 
 
 assessed for poor rates for a period ending the day of 
 
 . And whereas it appears to me, one of the justices 
 
 of the peace for such county, upon the oath of C. D., one of 
 
 the collectors for the township of , that the several 
 
 sums for which they have been assessed have been demanded 
 from such persons respectively, and that the sums set 
 opposite their names in the schedule hereto annexed, remain 
 unpaid. These are therefore to require you forthwith to 
 make distress of the goods and chattels of the persons 
 mentioned in the schedule ; and if within the space of five 
 days next after such distress by you taken, the sums in the 
 schedule set opposite their respective names, together with 
 their proportion of justice's and constable's fees, and the 
 necessary charges of taking and keying 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 monies arising from such sale you do forthwith pay 
 over the sums so due by them respectively to the said C. 
 D., the collector, together with the justice's and constable's 
 fees, if aay, by him paid ; and that you do render to the 
 owners of the goods respectively upon demand the surplus 
 remaining from such sale, the necessary charges of taking, 
 keeping and selling the distress, being first deducted. And 
 if no such distress can be made, that then you certify the 
 same to me. 
 
 Given under my hand and seal the day of , 
 
 A. D. 18—. 
 
 (Signed) E. F., J. P. (Seal) 
 
344 poor districts. [pakt i. 
 
 Chap. 90. 
 
 CHAPTER 90. 
 
 OF POOR IHSTBICTS. 
 Poor districiis J, Poor districts as now established sliall so continue 
 
 counrmod. , -i i . i i i 
 
 until altered by law. 
 
 ^»^eedin|sfor £. If twBKty Or IB Ore of the rate payers within any 
 
 triots; sessions township established for the support of poor, shall, by peti- 
 
 A^l for'lhew- tion, apply to the court of sessions, stating their desire that 
 
 iug cause. g^pjj township should be divided into two or more districts^ 
 
 and setting forth the proposed boundaries tfiereof, the 
 
 court may, if they think fit, pass an order calling TipoB the 
 
 parties interested to shew cause at the next sessions why 
 
 snch division should not be made. 
 
 Orders to be 3. Copies of such order, setting forth particularly such 
 
 *°* ■ proposed boundaries, shall be posted up in at least five of 
 
 the most public places within the township sought to be 
 
 divided, for at least thirty days next previous to tlife ensuing 
 
 sessions. 
 
 Orders may be 4. At such scssioBS the court may, if they think fit, 
 
 townshi^rlnto make an order dividing the township, either by the boun- 
 
 names'^ic ^'^^ daries so proposed, or by such other boundaries as may be 
 
 deemed proper, into as many districts as may be thought 
 
 necessary for the future support of the poor within the 
 
 same, with a name or designation to each. 
 
 ordli°ad'^steV ^" '^^® scssions sliall thereupon also ascertain the num- 
 
 penae's and the her of paupcrs then chargeable on the whole township 
 
 sen? pa'np'erar' divided, and the'amount required for their support, and, by 
 
 order, direct the proportion to be borne by each of such 
 
 new districts ; and thereafter the expenses of paupers shall 
 
 be chargeable on the district in which a settlement shall 
 
 have been gained. 
 
 Sessionsmayre- 6. The court of scssions may at any time alter or make 
 
 I,, ™sub8e^q™e^t anew any order in relation to the expenses of paupers, 
 
 ordure. chargeable at the date of their first order on the whole 
 
 township, thereby to efi"ect a more equal distribution of 
 
 such expenses rendered necessary by any increase or 
 
 diminution thereof. 
 
 Kates pending 7. All rates, assessments, suits or actions, pending at the 
 
 nlrthereby to" date of such first order, may be prosecuted, levied and col- 
 
 yaiidated. lected, as if such division had not been made» 
 
TITLE XXni.] BASTARD CHILDREN. 345 
 
 Chap. 91. 
 CHAPTER 91. 
 
 OF THE MAINTENANCE OP BASTARD CHILDREN. 
 
 1. If any woman shall become pregnant with a bastard information of 
 child likely to become chargeable to any township, she shall naS'with'aims- 
 make oath in writing before a justice for the county where JaktnJ'ani ^su7- 
 she resides that she is so pregnant, and who is the father of tjoes 'warrants 
 the child; and such justice shall forthwith issue his warrant 
 
 to apprehend the reputed father and cause him to be 
 brought before him or some other justice of the county. 
 
 2. The reputed father when brought before a justice, Reputed father 
 shall be required to enter into a bond, with a surety, to bonla'untii"'" 
 indemnify such township until after the birth of the child ^^"^ *''« *'«tii- 
 and until an order of filiation shall be made thereon, or till 
 
 the reputed father be discharged on examination and hear- 
 ing preparatory to the passing such order ; and in default 
 shall be committed to jail to remain until such examination 
 and hearing can be had or such bond given. 
 
 3. A's soon as convenient after the birth of the child. Hearing after 
 two justices, on application of an overseer of the poor or order'^Df' £^- 
 some substantial householder of such township, shall issue a 'i""- 
 warrant to bring the mother and reputed father before them 
 
 at a time and place therein mentioned, and shall hear the 
 evidence of the mother and of any other person, except 
 the reputed father, who may be produced by the mother or 
 reputed father, under oath to corroborate or invalidate the 
 testimony of the mother, as the case may be, and shall 
 either discharge the reputed father or make an order of 
 filiation to indemnify the township for the expenses con- 
 nected with the lying in and maintenance of the mother and 
 the birth and ipaintenance of the child to the date of the 
 order, and that the reputed father pay such sum weekly as 
 they shall consider right, respect being had to his ability, 
 towards the support of the bastard child while chargeable 
 to such township. 
 
 4. If the person against whom any warrant shall issue Where refuted 
 under the provisions of this chapter shall not be found or is in another 
 within the jurisdiction of the justice or justices issuing the warrtnt maybe 
 same, or if he shall be suspected to be in any place within endorsed over 
 this province, a justice of the county or place where such 
 
 person shall be, or be suspected to be, upon proof made 
 upon oath of the handwriting of the justice or justices 
 issuing the warrant, may make an endorsement (as nearly as 
 may be in the form hereto annexed,) upon such warrant, 
 signed with his name, and authorizing the execution 
 thereof as thereon endorsed, and the carrying of the person 
 therein named, when apprehended, before the justice 
 justices who first issued the warrant. 
 
346 BASTARD CHILDREN. [PAKT I, 
 
 Chap. 91. 5_ The reputed father shall then enter into a bond with 
 fieputed ather one siirety to fulfil the order of filiation, or shall pay to the 
 bond to'^iiu overseers of the poor, twenty pounds for the support of 
 twenty^ouSds^ ^^^^ such child, Or other town uses ; and, in default, shall be 
 or suffer six ' forthwith Committed to jail for a time not to exceed six 
 aonment.™*'" months, or Until he shall have entered into such bond or 
 
 paid the twenty pounds. 
 Information 6. If the mother of a bastard child shall not previously 
 
 months aft™ to its birth have made oath in writing before a justice dis- 
 ees*''wa??ant "' closing the reputed father, any justice may at any time with- 
 thereon. in three months after the birth, on application of an over- 
 
 seer of the poor of the township where the child has been, 
 or is likely to become chargeable, take the oath of the 
 mother in writing, declaring who is the father of such child ; 
 and, thereupon, two justices shall issue a warrant to bring 
 the reputed father and the mother before them at a time 
 and place therein named, and such proceedings shall be had 
 thereon as directed in cases where the mother has disclosed 
 the name of the father before the birth, 
 men the repu- 7. If any reputed father shall conceal himself or so avoid 
 not be seryedi Service of a warrant that he cannot be brought before the 
 atio"'*may^bo justices as therein directed for hearing and examination, 
 made in his ab- then they mav make up their order of filiation in his absence 
 
 sence ; proceed- ,.-','/ ^ , . i • i c at i_ i 
 
 ings thereon, and issue their warrant to bring him beiore tnem at a sub- 
 sequent day and place therein mentioned, to shew cause 
 why he should not obey the order and enter into a bond to 
 indemnify the township from the charge of such child. 
 Such order may 8. At the time and place appointed the justices shall 
 ly eonfirmeci'or proceed to coufirm, revcrse, modify, or make a new order of 
 o"din"'^a 'there- filiation, as may seem right, and thereupon the reputed father 
 on. " shall immediately enter into a bond with one surety to per- 
 
 form the order so confirmed, modified, or made anew, or 
 shall pay twenty pounds for the support of the child, or 
 other town uses ; and in default shall be liable to the penal- 
 ties and imprisonment before prescribed for non-performance 
 of an order of filiation. 
 dS'^of muSon ^" ^^ ^ reputed father think himself aggrieved by an 
 order of filiation, he may appeal to the next supreme court 
 to be held in the county, except in Halifax where the appeal 
 shall be to the next general sessions, where the whole 
 matter may be heard and tried by a jury and the order of 
 filiation confirmed or quashed; and the decision of such 
 court shall be final ; but before such appeal shall be granted, 
 the reputed father shall enter into a bond with one surety 
 approved by the justices making the order, to perform the 
 order of filiation, if confirmed, and in such case to pay the 
 costs incurred by the overseers in consequence of the appeal, 
 ces" to "rantroi ^^- Upon the examination and hearing preparatory to 
 the expenses in making an Order of filiation, the justices may direct that the- 
 der of filiation, mother shall bear a part or the whole of the expense of 
 further" orders* the maintenance of such child, either by nursing the child 
 
TITLE XXIII.] BASTARD CHILDREN. 347 
 
 or as otherwire directed in the order of filiation, or make Chap. 91. 
 any other order in relation thereto. " 
 
 11. The overseers for any township may sue in their Overseers may 
 
 1 J i j'r jj.1- 1 i sue bonds in 
 
 own names upon any bond entered into under this chapter, their own 
 whether made to them or their predecessors in office ; and OT^^movai'from 
 such suit shall not abate by the death or removal from office "p"* ^'"'i.i "?' 
 
 - , p •' „ , , abate such Buit. 
 
 of such overseers oi poor or any ot them. 
 
 12. The following forms shall be used and adhered to as Eorms. 
 nearly as may be : — 
 
 Examination of mother previous to birth of child. 
 
 County of ■— ss. 
 
 The examination of A. B., of in the county of- 
 
 taken on oath before me, who deposeth that she is with 
 child, which is likely to be born a bastard, and to be charge- 
 able to the township of and that C. D. of — is 
 
 the father of such child. 
 
 A. B. 
 
 Sworn before me this day of , A. D. 18 — . 
 
 E. P., J.P. 
 
 Warrant to appreliend the reputed father be/ore the birth. 
 
 County of ss. 
 
 To any of the constables of the said county. 
 
 Whereas A. B. of , in the said county, hath by her 
 
 examination in writing, taken upon oath before me this day, 
 declared herself to be with child, which is likely to be born 
 
 a bastard, and to be chargeable to the township of 
 
 and that C. D. of is the father of such child, I do 
 
 hereby command you to apprehend the said C. D. and bring 
 him before me, or some other justice for the said county, to 
 find security to perform any order of filiation that may be 
 made ; or in default thereof to commit him to jail, there to 
 remain until an order of filiation shall be made. 
 
 E. F., J. P. 
 ■>> 
 
 Form of a comrg,itment where a reputed father when hrought 
 up before birth of child, refuses to enter into bond of indem- 
 nity, to be endorsed on the warrant. 
 
 Whereas the within named C. D. now before me, hath 
 refused to enter into a sufficient bond to perform an order of 
 filiation if made, I hereby order that he be committed to jail, 
 there to remain until he shall have given such bond, or be 
 brought up for further examination in the premises. Wit- 
 
 nes my hand and seal, this day of A. D. 18 — 
 
 E. P., J. P. (Seal; 
 
348 BASTARD CHILDREN. [PART T. 
 
 Chap. 91. Endorsement bacJdng a warrant. 
 
 County of . 
 
 Whereas proof upon oath has this day been made before 
 
 me , a justice of the peace for the county of , 
 
 that the name of , to the within warrant subscribed, 
 
 is the handwriting of the justice of the peace within men- 
 tioned : I do therefore hereby authorize A. B., who bringeth 
 me this warrant, and all other persons to whom the same was 
 originally directed, or by whom it may be lawfully executed, 
 and also all constables and other peace officers in this 
 county, to execute the same within this county, and to take 
 the said C. D., if apprehended within this- county, before 
 the justice [or justices, as the case may 6e,] who issued such 
 warrant, to be further dealt with according to law. 
 
 Given under my hand, this day of , A. D. 18 — . 
 
 E. P., justice of the peace for . 
 
 ^Examination of mother after the Urth of child. 
 
 County of , ss. 
 
 The examination of A. B., of , in the said county 
 
 , taken upon oath before me,, who deposeth that on 
 
 the r day of , last ^ast, at , she, the said 
 
 A. B. was delivered of a [male or female] bastard child, 
 which is likely to become chargeable to the township of 
 
 , and that 0. D. of , is the father of such 
 
 child. 
 
 A. B. 
 
 Sworn to before me, this day of , A. D. 18 — . 
 
 E. P., J. P. 
 
 Bond of indemnification. 
 
 Know all men by these presents that we, C. D., of , 
 
 in the county of , and G. H. of , in the same 
 
 county , are held and firmly bound unto the over- 
 seers of the poor for the township of , in the said 
 
 county, and their successors in office, in pounds, to be 
 
 paid to the said overseers of the poor or their successors 
 in office ; for which payment well and truly to be made we 
 bind ourselves, and each of us by himself, our and each of 
 our heirs, executors and administrators, firmly by these 
 
 presents, sealed with our seals. Dated this day of 
 
 , A. D. 18—. 
 
 Whereas A. B. of , hath declared on oath that she 
 
 is with child, which is likely to be born a bastard and to be 
 
 chargeable to the township of , and the above 
 
 bounden C. D. is the father of such child. 
 
 Now the condition of this obligation is such, that if the 
 said C. D., his executors or administrators, do and shaU 
 
TITLE XXIII.] BASTARD CHILDREN. 349 
 
 perform any order of filiation that may be made upon him Chap. 91. 
 in the premises, then this obligation to be void. ' 
 
 C. D. (Seal.) 
 Signed, sealed and delivered, ) G. H. (Seal.) 
 
 in presence of j 
 
 J. K. 
 
 Warrant to bring tip mother and reputed faiher after birth 
 
 of child. 
 
 Connty of , ss. 
 
 To any of the. constables of the said conntj'. 
 
 Whereas A. B. of , in the said county ,hath 
 
 by her examination in writing on oath, taken before us, 
 
 declared that on the day of last past, she was 
 
 delivered of a {male or female'] bastard child, in the town- 
 ship of , and that C. D. of , is the fathe^r of 
 
 such child, and that such child is now living and chargeable 
 
 to the township of , and the overseers of the poor 
 
 of such township have applied to us to issue' this warrant : 
 These are to command you that you bring the said A. B. 
 
 and the said C, D. respectively before us at the of 
 
 , in the said county, on the day of , at 
 
 the hour of , to be by us further examined, that we 
 
 may make such order thereon as to right may appertain, 
 and also that you do personally attend at the same time 
 and place. 
 
 Witness Our hands and seals this day of , 
 
 A. D. 18—. 
 
 E. F., J. P. (Seal.) 
 L. M.,J. P. (Seal.) 
 
 Order of filiation. 
 
 County of , ss. 
 
 The order of E. P, and L. M. esquires, two justices for 
 the said county, concerning a [male or female] bastard child 
 lately born in the township of , of A. B. 
 
 Whereas upon the oath of the said A. B. it hath appeared 
 
 unto us that on the day of last past, she was 
 
 delivered of a [male or female] bastard child in the township 
 
 of , and that such child is now chargeable to the 
 
 township of , and likely so to continue, and that C. D. 
 
 of .^ is the father of such child. 
 
 And whereas the said C. D. hath been brought before us 
 by our warrant, [or "hath refused to appeal' as the case 
 inay be,] to answer the premises, but hath not , shewn suffi- 
 cient cause why he shall not be deemed to be the father of 
 the child : 
 
 Wherefore upon an investigation of the matter as well jj^ ■. 
 
 upon the oath of the said A. B. as otherwise, we hereby j^ff: 
 
 adjudge the said C. D. to be the father of such child, and " •# 
 
350 BASTARD CHILDREN. [PART I. 
 
 Chap. 91. thereupon we order as well for the relief of the township 
 
 of as for the sustenance of such child, that the said 
 
 C. D. shall forthwith, upon notice to him given of this our 
 order, pay to the overseers of the poor for the said town- 
 ship, the sum of towards the lying in of the said 
 
 A. B. and the maintenance of such child up to this date. 
 
 And further that the said C. D. shall pay to the overseers 
 of the poor of the said township for the time being, the sum 
 
 of weeklj'^ from the date hereof during so long time 
 
 as the child shall remain chargeable to such township, 
 towards the maintenance of such child. And we order that 
 the said A. B. shall also pay to the overseers of the poor 
 
 of the township the sum of weekly so long as the 
 
 child shall be chargeable to the township in case she shall 
 not herself take care of the child. Given under our hands 
 
 and seals, this day of , A. D. 18—. 
 
 E. F., J. P. (Seal.) 
 L.M., J.P. (Seal.) 
 
 Commitment to he endorsed upon the order of JUiationi 
 
 County of ss. 
 
 Whereas C. D., within named, hath refused to comply 
 with the within order, or to give suflScient bonds to the 
 
 overseers of the poor to indemnify the township of 
 
 in the said county, in respect of the support of the child 
 within referred to, we hereby direct the high sheriff of the 
 county or the jailer, to receive the said 0. D., afad commit 
 him to jail, there to remain in close confinement for the 
 
 space of or until he shall have given such bond, or 
 
 shall otherwise be removed according to law. Witness 
 
 our hands and seals, this day of A. D. 18 — . 
 
 E. P., J. P. (Seal.) 
 L. M., J. P. (Seal.) 
 
 Warrant to appreliend reputed father after order of filiation, 
 where he shall have avoided service of previous ivarrard. 
 
 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 <Jay of -^ , at o'clock, that he 
 
 maybe examined by us touching such order of filiation, 
 and shew cause why he should not comply with such order, 
 
TITLE XXIII. BASTARD CHILDREN. 351 
 
 and enter into bonds for the performance thereof, and other- Chap. 91. 
 
 wise to be dealt with according to law. Given under our 
 
 hands and seals this day of , A. D. 18 — .. 
 
 E. P., J.P. (Seal.) 
 L.M., J.P. (Seal) 
 The form of commitment the same as that under the 
 
 order of filiation, where the father shall have been present. 
 
 Bcmd 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 pounds, 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, seated 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 condi- 
 tion 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 G. H. (Seal.) 
 
 J. K. 
 
 The like, where an appeal from such order shad have been 
 made to the supreme court. 
 
 Know all men by these presents, that we C. D. of - 
 
 in the county of , and G. H. of , in the same 
 
 county , are held and firmly bound unto the overseers 
 
 of the poor for the township of , in the said county, 
 
 in pounds, to be paid to the said overseers of the poor, 
 
 and their successors in ofiice 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 him- 
 self, 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 duly made by • 
 
 and , esquires, justices of the peace for the county 
 
 aforesaid, in the matter of a baatard child, lately begotten 
 
352 BIRDS AND ANIMALS. [PART I. 
 
 Chap. 92. of A. B., the said C. D. hath been adjudged to be the father 
 ~ of such child, and to obey an order of filiation made in that 
 
 behalf,, from which order the said C. D. hath appealed to the 
 supreme court [or sessions at Ealifax.'] Now the condition 
 of this obligation is such, that in case such order shall be 
 confirmed by the court, then if the said C. D., his executors 
 or administrators, do pay all costs and charges which may 
 be legally incurred by the overseers of the poor for the 
 said township, in consequence of such appeal, and also do 
 obey such order so confirmed, then this obligation shall 
 become void. 
 
 Signed, sealed, and delivered, ) CD. (Seal.) 
 
 in the presence of j G. H. (Seal.) 
 
 J. K. 
 
 TITLE XXIY. 
 
 OF CERTAIN BIRDS AND ANIMALS. 
 CHAPTER 92. 
 
 OP THE PRESERVATION OP USEFUL BIRDS AND ANIMALS. 
 
 Partridge,Bnipe 1. No person shall take or kill any partridge, snipe, or 
 M?tobe"kiiied woodcock, or shall sell, buy, or have the same in his pos- 
 Brsr^of Marcii session, between the first of March and the first of Septem- 
 »nd the first of ber in any year; but Indians and poor settlers may kill 
 September. them for their own use at any season. 
 Fine for offence 2. Every offender shall forfeit ten shillings for each 
 
 offence. 
 Penalty for kii- 3. No pergon shall take or kill any moose, or shall offer 
 when.™™**' for sale, or have in his possession, jany moose flesh between 
 the first day of February and the first day of September in 
 each year, under a penalty of not more than five pounds, 
 nor less than forty shilHngsj^the same to be recovered in 
 the name of the party sueing for the same, in a summary 
 manner, before a justice of the peace ; and in case of non- 
 payment, the party to be confined in the county jail for a 
 period of not more than six days, nor less than two days. 
 Pheasants not ^- It shall not be lawful for any person to take or kill, 
 kite* '" *** within this province, any pheasant, or to buy, sell, or have 
 in his possession any dead pheasant that has been so taken 
 or killed. 
 Bead pheasants 5. Any dead pheasant found in the possession of any 
 person within this province shall be presumed to have been 
 taken or killed by such person contrary to this chapter, 
 until proof to the contrary be given by such person. 
 
 &c. 
 
TITLE XXrV. BIRDS AND ANIMALS. 353 ' 
 
 6. Every person offending against the fourth section, Chap. 92. 
 shall forfeit the sum of forty shillings for each offence, to '^^ — 
 be recovered in the same manner in which similar amounts 
 
 are now by law recoverable, and to be appropriated to the 
 use of the prosecutor. 
 
 7. The sessions may make orders respectins; the setting ^°°\« preser- 
 
 p X p J. u ■ J r ?!_ • o ved by order of 
 
 of snares or traps tor catching moose, and tor their preser- sessions. 
 vation, and to affix penalties not to exceed five pounds for 
 the breach of such orders respectively. 
 
 8. Any person may destroy any snare made or existing ^on'of iu7h''ir- 
 in violation of such orders. ^^^^ "ay be de- 
 
 9. If the penalties incurred under the first, second, imprisonment 
 seventh, and tenth sections be not paid with costs, the E''^are"not^ 
 ^Hjgnder shall be committed to jail, there to remain one day paid. 
 
 for every five shillings thereof, or until the amount be paid. 
 
 10. Any person who shall keep a dog known to kill or Fines for itcep- 
 accustomed to worry sheep or Iambs, after notice shall pay tomed'^to°'''kiii 
 ten shillings to the owner for every sheep or lamb killed, *^^p- 
 
 and shall also forfeit twenty shillings for each offence. 
 
 11. - The fourth, fifth, and sixth sections, shall be in force Duration of sec-,^^^^-' 
 for the period of five years, from the 18th day of April, fifthand "Lth. ''^•5"** 
 1856, and from thence to the end of the then next session 
 
 of the general assembly. 
 
 12. It shall not be lawful for any person to take any f^^^"^ ^'t^t'' 
 oysters from beds where they have been placed for propa- disturbed, 
 gation, or to injure or destroy them, or wilfully obstruct 
 
 their growth therein, in any part of this province : and Penalty, 
 every person who shall so take, injure, destroy, or obstruct 
 the same, shall forfeit and pay for each offence ten shillings 
 in addition to the sum of ten shillings for every bushel of 
 oysters, including the shells so taken, injured, or destroyed. 
 
 13. The penalty imposed under the preceding section pl^ft^f^ "^ 
 may be recovered by any person who will sue for the same, 
 
 in the same manner as private debts of a similar amount are 
 now recoverable, and shall be appropriated to the use of 
 the prosecutor. 
 
 14. Sections twelve and thirteen shall be in force for J?"™ '^eive^"^^^-^ 
 three years after the first day of May 1857, and from thence and thirteen, /j^^ 
 to the end of the then next session of the general assembly. 
 
 15. The sessions may make regulations respecting the Sessions may 
 taking of oysters in any of the bays, creeks, or rivers of "ons! ''®'^"**' 
 this province, and may impose penalties for the breach of 
 
 such regulations ; provided such penalties do not exceed Proviso, 
 twenty shillings for each offence. 
 
 16. The penalties imposed for breach of such regula- ^|„"g^^^j,|5 ^°'^ 
 tions may be sued for as private debts of a similar nature. 
 
 by any person who may sue for the same, and when recovered 
 shall be appropriated to the use of the prosecutor. 
 
 17. Sections fifteen and sixteen shall be in force for three P"''''^^""'"™''^ 
 years, from the twelfth of April, 1858, and from thence to sixteen. 
 
 the end of the then next session of the general assembly, 't^^j^'^^ "^ 
 
354 noxious animals. [paet i, 
 
 Chap. 93. 
 
 CHAPTER 93. 
 
 OP THE DESTRUCTION OP NOXIOUS ANIMALS. 
 
 Seasiona may 1. The sessions with the approval of the grand jury, 
 wards" for^'kiu- may establish rules and appoint rewards for encouraging 
 cemira?' ^wiFd t^e killing of bears, loup-cerviers, wild cats, and wolves ; 
 cats and woiTes. and such rewards shall be a county charge. 
 Preliminary 2. Every pcrsou killing a wolf within the province and 
 
 obtafnhi'2^ pro- intending to claim a bounty therefor, shall produce the head 
 fb?°idiiing"a'^ °^ *^® animal with the skin and ears entire, to a justice of 
 wolf. the peace of the county where taken, and shall make oath 
 
 of the fact in writing, stating the time and place where such 
 wolf was taken, and shall submit to any further examina- 
 tion required by such justice ; but no bounty shall be allowed 
 for any wolf taken out of the womb of the mother. 
 Justice's duty 3. If the justico shall be satisfied of the truth of the 
 Ws^ertifloatof ' Statement, he shall cut oif and burn the ears and scalp of 
 such wolf, and deliver to the person applying, a certificate 
 of the facts, annexing thereto the affidavit taken, and shall 
 number the certificates issued by him each year and mark 
 the number and year thereon. 
 Bounty of Eve 4. Upou the Certificate with the affidavit annexed, being 
 fro^'^the^'tTO!^ transmitted to the office of the provincial secretary, a 
 airy. bounty of five pounds shall be paid out of the treasury to 
 
 the party entitled. 
 
 TITLE XXV. 
 
 OF THE FISHERIES. 
 CHAPTER 94. 
 
 or THE COAST AND DEEP SEA FISHERIES. 
 
 ReTcnueoffloera 1- Officers of the colonial revenue, sheriffs, magistrates, 
 "efa*^ howing' ^^^ ^"7 othcr person duly commissioned for that purpose, 
 within three may go ou board any vessel or boat within any harbor in 
 coaat, ic. * * the province, or hovering within three marine miles of any 
 of the coasts or harbors thereof, and stay on board so long 
 as she may remain within such place or distance. 
 Proceedings' 2. If such vessel or boat be bound elscwhere and shall 
 terfbound "se- contiuuc withiH such harbor, or so hovering for twenty-four 
 onSo/to'de- hours after the master shall have been required to depart, 
 part. any one of the officers above mentioned may bring such 
 
TITLE XXY.] FISHERIES. 3u5 
 
 vessel or boat into port and search her cargo, and also Chap. 94. 
 examine the master vipon oath touching the cargo and ' 
 
 voyage ; and if the master or person in command shall not 
 truly answer the questions demanded of him in such exami- 
 nation he shall forfeit one hundred pounds ; and if there be 
 any prohibited goods on board, then such vessel or boat, 
 and the cargo thereof, shall be forfeited. 
 
 3. If the vessel or boat shall be foreign and not navi- Foreign vessels 
 gated according to the laws of Great Britain and Ireland, pLinl "to ^Ih, 
 and shall have been found fishing or preparing to fish, or to goea, forfeited!" 
 have been fishing within three marine miles of such coasts 
 
 or harbors, such vessel or boat, and the cargo, shall be 
 forfeited. 
 
 4. All goods, vessels and boats liable to forfeiture may Vessels and 
 
 i-jj ju £ t. cc goods forfeited 
 
 be seized and secured by any oi such omcers or persons so fiabie to sei- 
 commissioned; and every person opposing them, or any one ft/'obsKtoS 
 aiding such opposition, shall forfeit two hundred pounds. officers. 
 
 5. Goods, vessels, and boats, seized as liable to forfeiture custody of ves- 
 wnder this chapter, shall be forthwith delivered into the seized" ^°° 
 custody 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. 
 
 6. All good, vessels, and boats, condemned as forfeited Condemned ves- 
 under this chapter, shall by direction of the principal officer how disposed of| 
 of the colonial revenue where the seizure shall have been 0°^ds*^how™ap. 
 secured, be sold at public auction, and the produce of such p^'"'^ 
 
 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 with- 
 out deduction, and the other half, after first deducting there- 
 from 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. 
 
 7. All penalties or forfeitures hereunder shall be prose- Penalties and 
 
 • tuffpi til rp^ liovf 
 
 cuted and recovered in the court of vice admiralty. proaeeutei 
 
 8. If any goods, vessel, or boat, shall be seized as forfeited ^'^^^'^^^jj^?'] ^^ 
 under this chapter, the judge of the vice admiralty, with delivered olso- 
 the consent of the persons 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!. 
 
 9. All suits for the recovery of penalties or forfeitures suits,^ how 
 shall be in the name of her majest}', and shall be prosecuted proserated"; 
 by the advocate general, or in case of his absence by the admiaJab™''as 
 solicitor generaL If a dispute arise whether any person is *"*"o4'cers*°'" 
 authorised to seize under this chapter, oral evidence may ' 
 
 be heard thereupon. 
 23 
 
356 FISHERIES. [PAET I. 
 
 Chap. 94. iq_ If any seizure take place under this chapter, and a 
 Ui"oase8°^o?'se°/ <^i^put6 arise, the proof touching the illegaHty thereof, shall 
 zurotorestmith be upon the owner or claimant. 
 
 ciata8"of pro- ^^- ^° claim to anything seized under this chapter, and 
 perty seized to 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. 
 Security to te 12. No person shall enter a claim to anything seized 
 fiafm entered. Under this chapter until security shall have been given in a 
 penalty not exceeding sixty pounds to answer and pay costs 
 occasioned by such claim ; and in default of such security 
 the things seized shall be adjudged forfeited, and shall be 
 condemned. 
 Montii's notice 13. No Writ shall be sued out against any ofE-cer or 
 actS^' ^^^"^^ other person authorized to seize under this chapter for any 
 thing done thereunder, until one month after notice in 
 writing, delivered to him or left at his usual place of abdde 
 by the person intending to sue out such writ, his attorney 
 or agent ; in which notice shall be contained the cause of 
 action, the name and place of abode of the person who is 
 to fbring the action, and of his attorney or agent ; and no 
 evidence of any cause of action shall be produced except 
 such as shall be contained in such notice. 
 Limitation of 14. Every such action shall be brought within three 
 seik'fng olce?!.' mouths after the cause thereof has arisen. 
 Certificate of 15. If on any information or suit brought to trial under 
 5f°sei'™ra"shau ^^^^ chapter on account of any seizure, judgment shall be 
 prevent the re- given for the claimant, and the judge or court shall certify 
 &c. ' on the 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 cer- 
 tify that there was probable cause for the seizure, then the 
 plaintiff, besides the thing seized or its value, shall not re- 
 cover more than two pence damages, nor any costs of suit, 
 nor shall the defendant be fined more than one shilling. 
 Amendsmaybe 16. The Seizing ofScer may within one month after 
 oM^owmth"'*'" notice of action received, tender amends to the party com- 
 plaining or his attorney or agent, and plead such tender. 
 Limitation of 17. All actions for the recovery of penalties or for- 
 naiues, &e. ^''' feitures imposed by this chapter must be commenced within 
 
 three years after the offence committed. 
 Appeals, within 18- No appeal shall be prosecuted from any decree or 
 prosecuted*" ^^ Sentence of any court in this province, touching any penalty 
 or forfeiture imposed hereby, unless the inhibition be 
 apphed for and decreed within twelve months from the 
 decree or sentence being pronounced. 
 
TITLE XXV.] FISHERIES. 357 
 
 19. All coasting vessels under sixty tons burthen, owned Chap. 94. 
 in this province, and engaged in the coasting trade thereof, coasting ves- 
 shall be furnished with a narrow piece of plank or iron na^ro'" ^ta^ "f 
 affixed to the bottom of the keel and level therewith, extend- piank or iron 
 ing aft at least six inches beyond the aperture between the thfstem^post'''^ 
 stern post and rudde^', and well secured on the keel. But 
 
 this section shall not extend to vessels in which the main or 
 false keel extends six inches beyond the aperture between 
 the stern post and rudder. • 
 
 20. Any owner or master of a coasting vessel not so Forfeiture for 
 furnished or built, running foul of any net set off the har- where^oolstlJs 
 bors, bays and rivers of the coast, shall, upon due proof ^[^ea?* ^° ^™" 
 thereof, forfeit five pounds, to be recovered by the party 
 
 injured to his own use as a private debt ; leaving to the 
 party grieved, nevertheless, his rights at common law for 
 any further damage. 
 
 21. In this chapter " vessels " shall include ships ; and Definition of 
 " harbors " shall include ports, bays and creeks. *^™^' 
 
 22. The first eighteen sections are suspended, as regards Suspension of 
 citizens and inhabitants, of the United States of America, Sionsf*"*^^" 
 and shall continue so suspended and not in force so long as 
 
 the treaty between her majesty and that country, signed on 
 the fifth day of June, 1854, shall continue and be in force. 
 
 23. The master of any vessel, registered and belonging Agreement to 
 to this province, and bound from any port therein, to be betwe™ mas"er 
 employed in the deep sea fishery, shall, before proceeding *°'^''"''- 
 
 on such fishing vovage, 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 voyages 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 addition to the signatures of the ment. 
 master and crew, shall be countersigned by the owirer 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 Penalties for 
 fishing season, as before provided, who shall, while the '^®^'^'^°"- 
 agreement therefor continues in force, desert or absent 
 himself from the vessel in which he shipped, without leave- 
 
 of the master, shall be liable to the same penalties and for- 
 feitures imposed on the like offences under chapter seventy- 
 six ; 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. 
 
358 
 
 Chap. 95. 
 
 EIVEB riSHEEIES. 
 
 [PAET I. 
 
 Schedule in this chapter referred to. 
 
 Form of agree- An agreement made in pursuance of an act of the general 
 assembly of Nova Scotia, passed in the sixteenth year of 
 the reign of her present majesty, entitled " an act relating 
 
 to the deep sea fishery," 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 a^eed 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 
 
 fishing 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 
 
 conduct themselves in an orderly, faithful, honest, careful 
 and sober manner, and to be at all times diligent in their 
 respective duties and stations, and to be obedient to the 
 lawful commands of the master in every thing relating to 
 the said ship, and the materials, stores, and cargo thereof; 
 in consideration of which services, to be duly, honestly, faith- 
 fully and carefully performed, the said master doth hereby 
 promise and agree with the said crew ; [here insert the par- 
 ticular agreement with reference to the division of the fish 
 among the sharesmen at end of voyage.'] In witness whereof 
 the said parties have hereto subscribed their names on the 
 days against their respective signatures mentioned. 
 
 Place and time of entry. 
 
 Men's 
 name. 
 
 Age. 
 
 Place 
 
 of 
 birth. 
 
 Quality. 
 
 Am'nt 
 of 
 
 shares. 
 
 Sureties. 
 
 Witness 
 to execu- 
 tion. 
 
 Jt&y. Month. 
 
 Year. 
 
 
 
 
 
 
 
 
 
 
 CHAPTER 95. 
 
 OF EIVEB FISHEEIES. 
 
 Timofortaking 1. 'Hereafter the time for the taking of Salmon in any of 
 salmon. ^j^^ rivers of this province, except in salt water, below low 
 
 water mark, shall be regulated by the sessions. 
 Fisheries on ri- 2. The sessions shall annually appoint such and so many 
 thrtughp°ri^ite places on the rivers and streams as may be attended with 
 gulatod^by^et ^^^ ^^^^^ inconvenience to the owners of the soil, or the 
 sione. rivers, as resorts for the purpose of taking fish ; but the 
 
TITLE XXV. j EITEB FISHERIES. 359 
 
 same, and the enactments herein contained, shall not extend Chap. 95. 
 to any species of fish taken from the sea except salmon, 
 bass, shad, alewives, and gaspereaux. 
 
 3. In cases where a river shall be the dividing line be- Session's orders 
 tween two counties, the orders and regulations of the ses- oenfre^of" til* 
 sions in each county shall have force and effect only to the Tw^whioh^dil 
 centre of the channel of the river being such dividing "des counties, 
 line. 
 
 4. The sessions may from time to time make orders for sessions to 
 the setting and drifting of nets, the erecting and placing of ^tcting''*th ™" 
 wears, and generally for the conducting of fisheries in all the in'*'^^nets*'''"'" 
 bays, harbors, rivers, streams, or creeks, or on the shores erecting o't 
 thereof, or those of any of the counties, to be enforced by Tppoint "oVer- 
 penalties not exceeding ten pounds for breach of any such ^®®"' 
 order; and shall appoint overseers for such fisheries and 
 
 define the limits of their jurisdiction, and the overseers 
 shall see such orders carried into effect. 
 
 5. No person shall by spearing or sweeping with net or Salmon flsiie- 
 
 ,1 ,, ij.i.1 1 ■ • r'es in rivers re 
 
 seme, take, or attempt to take any salmon in any river, guiated and 
 stream, lake, or water course, above where the tide usually p™'™'«<1- 
 rises and falls ; and nets for taking salmon above the usual 
 rise and fall of the tide, shall be set or placed only on one 
 side of such river, stream, lake or watercourse, and at such 
 times as shall be fixed by the regulations of the sessions. 
 No stake, seine, wear, net, or other contrivance for taking 
 salmon, shall be set or placed within one quarter of a mile 
 next below any mill or dam erected across any such river, 
 stream or Watercourse ; and no net for taking salmon shall 
 extend more than one third of the distance in a straight 
 line across such river, stream or water course. 
 
 6. Any person who shall violate the provisions of the last Fine and forfei 
 section, shall forfeit a sum not exceeding ten pounds, and tronoPfasVsec- 
 in addition all spears, implements, canoes, boats, nets, seines, offe^ke'/'^ap-"*^ 
 wears, and other contrivances used or employed in, about peai. 
 
 or preparatory to the taking of salmon contrary to the pre- 
 ceding section, or to any orders of sessions made or to be 
 made thereunder, shall be liable to forfeiture ; and the same 
 may be seized at once under warrant of any justice and 
 detained until the trial of the offender, when they may be 
 declared forfeited, and ordered to be sold at public auction. 
 If upon appeal from the judgment of the justice the owner 
 or possessor of the articles so declared forfeited shall give 
 security to pay into such justice's hands the value thereof, 
 to be by him estimated, in case the judgment appealed from 
 shall be confirmed, then such owner or possessor shall be 
 entitled to their immediate restoration. 
 
 7. Every person discovered at night with a spear and Persons equip- 
 torch, or a torch only, in or about any river, stream, lake, Eshing°to be*** 
 or watercourse, above the rise and fall of the tide, either in j^e Mt'rf fiah 
 a boat or canoe, or otherwise, and apparently equipped for "qs- 
 taking or spearing salmon, shall be considered in the act of 
 
360 AGRICULTURE AND RURAL ECONOMY. [PART I. 
 
 Chap. 96. spearing salmon ; and the burthen of disproving the same 
 shall be upon the party so discovered. 
 
 Wardens, ap- 8. The sessions in the several counties or districts may 
 
 iow's°wora &o' appoint wardens of the river fisheries if they shall think 
 
 ' ' such ofiicers necessary; and such wardens shall be sworn 
 
 to the faithful discharge of their duties before any general 
 
 or special sessions, or before a justice of the peace, and the 
 
 affidavit shall be filed with the clerk of the peace. 
 
 Compensation 9. The grand jury maj'- provide such compensation as 
 they may deem adequate for such wardens, to be confirmed 
 by the sessions, and to form a county charge. 
 
 TITLE XXYI. 
 
 CHAPTER 96. 
 
 OP THE ENCOURAGEMENT OP AGRICULTURE AND RURAL 
 ECONOMY. 
 
 Central board 1. The govemor in council shall appoint a central board 
 
 how'^appointed; of agriculture at Halifax, to consist of eleven persons, seven 
 
 of whom shall be resident in Halifax or its vicinity, and one 
 
 each in the eastern, middle and western divisions of the 
 
 province and in Cape Breton ; four of whom shall be a 
 
 quorum. 
 
 Board entitled 2. The board shall be entitled to draw out of the trea- 
 
 to draw certain g-^-y ly^Q hundred pouuds annually for two years, out of 
 
 tumsof money; ,.-',,, ^ i , '' ■,- ■' \ n 
 
 application which they may expend a sum not exceeding seventy-nve 
 lllints. "" °'° pounds annually for the salaries of their officers, and a fur- 
 ther sum not exceeding twenty-five pounds for their inci- 
 dental expenses; and shall lay out the balance in such way 
 as they shall deem best for promoting agricultural improve- 
 ment ; and they shall exhibit an account of such expendi- 
 ture, with proper vouchers, every year to the legislature. 
 Duty of the 3. The board shall open and carry on a correspondence 
 with the several agricultural societies already formed, or 
 which may hereafter be formed in this province ; and shall 
 aid and direct them as far as may be required in prosecuting 
 their several objects ; and shall likewise inspect and audit 
 the accounts to be rendered by the several societies of the 
 application and expenditure of their funds as hereafter 
 mentioned ; and from the reports to be furnished b}' the 
 societies, and from such other sources of information as 
 may be accessible to the board, shall furnish to the legisla- 
 ture, at every session, a general report of the progress of 
 
 board. 
 
TITLE XSTI.] AGRICULTURE AND RURAL ECONOMY. 361 
 
 agriculture throughout the province, and of the expenditure Chap. 96. 
 of all monies granted therefor. 
 
 4. The sum of fifty pounds for each of the counties, vnty pounds 
 making eight hundred and fifty pounds in all, may be applied fJuSty"^ j^ow to 
 annually for the next two years, as follows : — the board in i>e divided, and 
 each year shall ascertain whether the agricultural societies uons. 
 
 that now are, or hereafter may be, formed in the several 
 counties, ought to receive a proportion, and shall likewise 
 determine what proportion, if any, each one of such soci- 
 eties shall receive out of the grant of fifty pounds, such 
 proportion to be regulated by the board, with reference to 
 the numbers and contributions of the members of each soci- 
 ety, and to its local influence and usefulness, and so as one 
 society, if there be no more than one in any of the counties, 
 may receive with the approval of the board, the whole of 
 such grant ; and the president and secretary of each society 
 shall be entitled to draw out of the treasury, for the pur- 
 poses of this chapter the sum that may have been assigned 
 to it by the board ; but no society shall be entitled to any 
 portion of such grant, which shall not raise annually by 
 private contributions, the sum of ten pounds at the least ; 
 and not more than four societies shall receive any propor- 
 tion of the grant in any one county ; and in all cases where 
 a central county society, with a branch or branches in the 
 county, shall be formed, and approved of by the central 
 board, the sum of fifty pounds shall be given to such cen- 
 tral society for distribution, for the purposes of this chapter, 
 in all cases where the sum of twenty pounds shall have, 
 been raised by the central society and bi-anch or branches 
 thereof jointly in manner before mentioned. 
 
 5. The sums so assigned and paid to the several soci- Application of 
 eties shall be applied and expended by them in the importa- ^*" 
 
 tion of live stock, implements, or seeds, in the offering of 
 judicious premiums, or in such other agricultural objects 
 and uses as may from time to time be recommended by the 
 board, or in the absence of such recommendation, as in the 
 judgment of each society may be best adapted to its local 
 position and wants ; but no part of such sum shall be applied 
 in the, expense of managing the societies. 
 
 6. Each one of the societies throughout the province Aeoounta of so- 
 shall render to the board on or before the thirty-first day of "endered^under 
 December in every year, a full and exact account, verified oati^- 
 
 by the oath of the president or secretary, of the expendi- 
 ture of the sum so assigned and paid to such society out of 
 the grant, as also of the amount and appropriation of the 
 funds contributed by or belonging to such society, with a 
 report of its proceedings for the past year ; and any society 
 which shall neglect or refuse to furnish such account and 
 report, unless excused by the board, shall not be entitled in 
 any year thereafter to receive any proportion of the 
 grant. 
 
362 AGRICULTURE AND RURAL ECONOMY. [PAET I. 
 
 Chap. 96. 7. The justices in general sessions in each county, shall 
 
 Koguiations, ^^"^6 power to make rules and regulations for the destruc- 
 
 howmade. ' tion and prevention of the growth of weeds injurious to 
 agriculture, which rules and regulations shall have the force 
 of law. 
 
 Inspectors i pe- 8. The sossions shall appoint inspectors or officers to 
 
 nailies. carry such rules and regulations into effect ; and they shall 
 
 affix penalties to the violation of such rules and regulations, 
 
 AppHeation of not to exceed five pounds, and shall make such rules and 
 ■ regulations applicable to all lands, highways,^ streets, lanes, 
 
 and cemeteries, whether owned or in possession of commis- 
 sioners, trustees, incorporations, or private individuals, 
 
 Fines, how re- and to lands owned by individuals, trustees, or incor- 
 
 corored. porations, absent from the county or province. And all 
 
 monies or fines payable by such non-resident persons, 
 whether private individuals, trustees, or incorporations, 
 under and by virtue of this chapter or such regulations, 
 may be sued for and recovered in the sujireme court 
 in the name of such inspector or officer, although such 
 fines or monies may be under the sum of five pounds, 
 either by a writ of summons, or in case of individuals, trus- 
 tees, or incorporations, absent from the province, by a writ 
 of attachment, briefly setting forth the cause of action. 
 And all fines and monies payable under and by virtue of 
 this chapter, or such rules and regulations, by individuals, 
 trustees, commissioners, or incorporations resident within 
 the county, shall be sued ^or and recovered before one or 
 two justices in the name of the inspector, in the same man- 
 ner and with like costs as if the same were a private 
 debt. 
 
 Duty of inspeo- 9. The general sessions .shall annually appoint such 
 inspectors, who shall be sworn to the faithful discharge of 
 
 Districts. their duty ; and the sessions shall fix the limits of the dis- 
 tricts within which such inspectors shall act, and shall make 
 rules and regulations applicable to such districts, and have 
 
 ^^ectorsf ^°'^™' power to affix penalties for the neglect or non-performance 
 of the duties of such inspectors ; which fines or penalties 
 shall be sued for and recovered by the clerk of the peace 
 for the time being, in the same manner and with like costs 
 as if the same were a private debt. 
 
 Kemuneration. 10. The sessions shall provide for the remuneration of 
 such inspectors to be appointed as hereinbefore directed, 
 either out of the fines and penalties recovered hereunder, 
 or out of the county treasury, or otherwise as they shall 
 see fit. 
 ^'"d'' into' 'the ^^' All fines and penalties recovered under the seventh 
 
 county trea- and eighth sections, or such rules and regulations, shall be 
 °"'^^' paid into the county treasury. 
 
title xxvii.] trustees op public peopeett. 363 
 
 Chap. 97. 
 
 TITLE XXYII. 
 
 OF CERTAIN MUNICIPAL REGULATIONS. 
 
 CHAPTEB, 97. 
 
 OP TEUSTEES OF PUBLIC PEOPEETT. 
 
 1. The grand jury in each county or district sliall recom- Trustees of pub- 
 mend six persons resident therein, out of whom the sessions poinfeJ^y' sea- 
 shall appoint three, to be trustees of public property; and sions ; record to 
 the sessions, upon the recommendation of the grand jury, toes a'boiy oor- 
 may remove them or any of them, and vacancies shall be p°™'^- 
 supplied by the grand jury recommending double the num- 
 ber of persons necessary to supply the same, out of whom 
 
 the sessions shall appoint the number required. The clerk 
 of the peace shall keep a record of such appointments, 
 removals and vacancies, and the dates thereof. Such trus- 
 tees shall be a body corporate by the name of " the trustees 
 of public property for the county [or district] of ." 
 
 2. All lands granted, conveyed, reserved or dedicated, ^'^"^^^ ^"^ 5™- 
 
 & K ■' \ !• J. J. P^'''y Tested in 
 
 or which may have been procured, or, lor twenty years trustees. 
 before the passing of this chapter, shall have been used for 
 public purposes in the county or district, whether for the 
 site of any court house, jail, or lock-up house, or for the 
 public purposes of the county or district generally, with 
 the buildings and appurtenances thereon or thereto belong- 
 ing, and all lands and buildings hereafter procured or given 
 for the public purposes of the county or district generally, 
 shall vest in such trustees on their appointment, for the 
 public uses for which the same may have been originally 
 intended. 
 
 3. All such lands and buildings shall be leased and ^^nds to bo 
 
 o., , leasedsuDjectto 
 
 managed by the trustees, under and subject to the control control of ses- 
 
 f. , 1 ■ sions. 
 
 01 the sessions. 
 
 4. No lease shall be made hereunder for a longer period Leases limited 
 
 , , ° -^ to seven years. 
 
 than seven years. 
 
 5. The trustees may make bye-laws for the better regu- ^y^"^"'"^'* "^"^ 
 lation of such lands and buildings, and affix penalties for 
 
 breach thereof ; but no bye-law shall be in force until appro- 
 ved by the sessions and filed with the clerk of the peace. 
 
 6. The trustees shall annually render tbeir accounts ii" fru°°tees*%o^ be 
 writing to the sessions, to be by them audited, and when rendered annu- 
 approved they shall be filed by the clerk of the peace. ""^^ 
 
 7. Penalties incurred under the bye-laws, and rents due ^X^'how ^xe- 
 to the trustees, may be recovered by them in like manner covered. 
 
 as if they were private debts due them; and the trustees 
 
364 PUBLIC MARKETS. [PART I. 
 
 Chap. 98. shall pay into the county treasury all monies that they may 
 ' receive hereunder. 
 
 Expenses of 8. The expenses of the trustees in the execution of the 
 a"olunty"^°™ trust, shall, when approved by the sessions, form a county 
 char^ei. charge. 
 
 Lands and pro- 9. Nothing herein contained shall affect any place of 
 
 umn^the^^erl- diviue worship, burial ground, college, academy, school, or 
 
 chapter''''* 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 chapter 68 ; or shall 
 
 deprive any person of any right lawfully acquired, nor shall 
 
 any thing herein contained affect any lands or buildings now 
 
 vested in trustees, or the necessary control of the sheriff 
 
 over the court house and jail. 
 
 Trustees of 10. The scssious in each county shall have power to 
 
 appointmentof. appoint trustecs of school lands in bluj to^vTlship or district 
 
 in this province where none are now appointed. 
 Vacancies, how 11. Whenever any vacancy shall occur, by death or 
 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. 
 
 filled. 
 
 CHAPTER 98. 
 
 OP PUBLIC MARKETS. 
 
 Existing public 1. Public markets, where now bylaw established, are 
 ftj-med; sessions Confirmed ; and upon the recommendation of the grand jury, 
 Srs.^*'*''"*'' ^^^ sessions may establish new public markets, and may 
 procure and fit up a market house as directed in chapter 46. 
 ^oint'offioerl'^" ^' "^^^ scssious may direct the days of the week and 
 make "ye'liaws, hours ou which public markets shall be held, and may 
 ""'' ifthemir^ appoint keepers of the market who shall also act as clerks 
 
 contro. 
 
 kets. thereof, and shall be sworn into office, and have the powers 
 
 of constables so far as regards keeping order in the market, 
 
 • and shall be removable by the sessions. The sessions shall 
 
 also establish the pay of such keepers and clerks, and fix 
 
 the rates of stalls or standings in the markets, and make 
 
 bye-laws for the regulation of markets and impose penalties 
 
 for breaches thereof, not exceeding ten shillings for every 
 
 offence. The keepers and clerks shall bring actions for 
 
 such penalties in their own names, and shall be competent 
 
 •' witnesses to prove the offence. 
 
 Rents and pe- 3. The rent of the stalls and standings in the markets, 
 
 na t^es, ow ap- together with the whole amount of the penalties recovered 
 
TITLE XXTII.] FIRES AND FIREWAEDS. 365 
 
 under the preceding section, shall be applied under the Chap. 99. 
 direction of the sessions to the repairs of the market 
 house. 
 
 4. The keepers and clerks shall annually render their •^™^™¥ '°Jjf 
 accounts' in writing to the sessions, to be by them audited, ally. 
 and when approved they shall be filed by the clerk of the 
 peace. 
 
 CHAPTER 99. 
 
 OF FIRES AND FIREWARDS. 
 
 hOT¥ 
 
 1. The provisions of this chapter shall extend to the Places towhioh 
 city of Halifax and the following towns, viz : Windsor, S'this'^ohapter 
 Bridgetown, Annapolis, Digby, Yarmouth, Shelburne, Liver- extend. 
 pool, Lunenburg, Chester, Dartmouth, Pictou, New Glas- 
 gow, Antigonishe, and Sydney, Cape Breton. 
 
 2. The extent of such towns, for the purposes of this Limits of towns 
 chapter, shall be confined to the limits within which the aSed.^ "''^^ 
 commissioners of streets have jurisdiction, but may be 
 
 altered by the sessions, and the sessions may also divide the 
 towns into different wards, and may appoint such limits 
 where there are no commissioners of streets. 
 
 3. In Halifax appointments and other proceedings which, Provisions of 
 as respects other places, are hereinafter directed to be made came™' out " 
 and taken by the sessions, shall be made and taken by the Halifax city, 
 city council ; and prosecutions, which in other places are 
 directed to be instituted before a justice of the peace, shall 
 
 be instituted before the mayor's court, or the mayor and one 
 of the aldermen; and penalties directed to be recovered in 
 the name of the firewards, may be recovered in the name of 
 the city ; and nothing herein contained shall affect any 
 powers conferred upon the city council by the acts respect- 
 ing the incorporation of the city. 
 
 4. The sessions shall annually appoint such number of Krewards, how 
 the inhabitants of every such town as may be deemed neces- bf^'swom 'and 
 sary to be firewards, who shall be sworn to the faithful dis- bad^e'^o/offile*' 
 charge of their duties, and shall have a suitable staff as- 
 signed them as a badge of office. On any re-appointment of 
 
 such firewards, it shall not be necessary that they should be 
 again sworn into office. 
 
 5. Upon the breaking out of a fire, the firewards, taking ^^*|g "J^eak- 
 their badges with them, shall forthwith repair to the spot ing out of »-c i 
 and use their utmost endeavours to extinguish and prevent *'"^"' po"™^- 
 the spreading of the fire, and to preserve and secure the 
 property of the inhabitants, and may command th'e assist- • 
 
 ance of the-inha,bitants therein, and in removing property 
 out of any building actually on fire, or in danger thereof, 
 
366 JFIRES AND FIEEWAEDS.. [PART I, 
 
 Chap. 99. and appoint guards to secure and take care of the same ; 
 ■ and may command assistance for the pulling down of build- 
 ings, or for other services relating thereto, to prevent the 
 further spreading of the fire, and to suppress tumults and 
 disorders ; and due obedience shall be yielded unto them 
 for those services, and generally, at such fires ; and for any 
 disobedience of their orders, information thereof shall, 
 within ten days next thereafter, be given to a justice of the 
 peace, and the offender shall be liable to a penalty not 
 exceeding forty shillings, and if he shall not pay the 
 same, shall be imprisoned for a period not exceeding ten 
 days. 
 Buildings may 6. Upou the occurrence of a fire in Halifax four of the 
 in oe" tain oaaos fire wards, and in the absence of four fii-ewards, three fire- 
 der •''™OTtribu- Wards, and in all other places two of the firewards, or in the 
 tion' damages, absenco of two firewards any fireward that is present with 
 oorery. ' a justice, may direct any building to be pulled down, if in 
 
 their judgment the doing so will tend to prevent the further 
 spreading of the fire ; and if the pulling down of such build- 
 ing shall have the effect of stopping the fire, or the fire 
 shall stop before it comes to the same, the owner of such 
 building shall receive payment therefor from the rest of the 
 inhabitants, whose houses have not been burnt, in manner 
 following, viz : the owner of the building shall, as soon as 
 may be, make application to the sessions, who, if satisfied 
 of the justice of the claim, shall make an order for a valua- 
 tion of the damages so sustained, to be made by three 
 indifferent persons ; and such persons shall be sworn before 
 a justice of the peace to the faithful discharge of their 
 duties, and they or any two of them shall make return of 
 their proceedings to the sessions; Whereupon the court shall 
 appoint two or more assessors, who shall tax the houses 
 that have not been burnt in such proportions as shall be 
 deemed just according to their value, for paying the 
 damages sustained by the owner of the building so pulled 
 down, and also the charges for valuation, taxation and col- 
 lection, to be settled before the making of the assessment ; 
 and the assessors shall also report their proceedings upon 
 oath to the sessions ; and the court shall thereupon issue an 
 order for collecting the monies so assessed, and in case of 
 non-payment the same shall be levied by warrant of distress, 
 to be issued by the sessions upon application by the collec- 
 tors ;^ and, when the assessments are collected, the sessions 
 shall order payment to be made to the claimant of his 
 damages, according to the approved report of the apprais- 
 ers, and also the payment of the charges hereinbefore men- 
 tioned ; but, if the building puUed down shall be the build- 
 ing where the fire begun, or if any other building shall be 
 pulled down, or be begun to be pulled down, which shall be 
 on fire at the time the orders are given for pulling the same 
 down, or which shall take fire while such orders are being 
 
TITLE XXVn.] FIRES AND FIEEWAEDS. 367 
 
 carried into execution, the owner of such building shall not Chap. 99. 
 be entitled to any compensation therefor. 
 
 7. The word "sessions" whenever used in the preceding Sessions to 
 section, shall mean either a general or special sessions. ^SalsessUins^ 
 
 8. Buildings constructed of stone or brick and covered Kre-proof 
 with incombustible materials shall be exempted from taxa- taxable" under 
 tion under the sixth section; and such buildings when ^t^'J}. ^.^fidlngs 
 covered with combustible materials shall be liable to an ^roof^ow'tax- 
 assessment upon half the value thereof only. ed. 
 
 9. No person shall, at a fire, break open any building Fine for break- 
 er attempt to pull the same down, or order others so to in|8°'wfthout " 
 do, unless orders therefor shall have been first given by the ^^y^""^ autho- 
 owner of the building, or as previously provided; and any 
 
 person violating this provision shall for every offence for- 
 feit a sum not exceeding five pounds. 
 
 10. The firewards shall from time to time report to the Duty of fire- 
 sessions what number of ladders, hooks, buckets, bags, gards fire im- 
 chains, ropes, axes, and saws are required for service at pi«'°«"*'- 
 fires, and the probable expense thereof and of keeping the 
 
 ' same in repair ; and the sessions shall order such of them 
 to be provided as they may deem necessary; but every fire- 
 ward shall be at all times provided with two ladders with 
 hooks, one of which ladders shall be at least twenty four 
 feet in length and the olher at least sixteen feet in length, 
 one fire hook, two axes, one saw, twelve leather buckets, 
 and twelve large bags, which shall be, by the firew^ards, 
 deposited in the most convenient places in each district, 
 and where, on the alarm of fire, the inhabitants of the dis- 
 trict shall assemble and proceed, under the direction of the 
 firewards, with such of the implements as may be deemed 
 necessary, to the place of danger. 
 
 11. The district of which each fire ward shall have charge nistriots and 
 shall be numbered, and the implements in the last section ™''namb?red^ 
 mentioned shall be marked with the number of the district PJ'ST'J'f'A J«"i- 
 to which the}'^ belong, and within twenty-four hours after ments. 
 
 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 forty shillings; 
 and any person who shall use such implements except at a 
 fire or on an alarm thereof, shall forfeit a like sum. 
 
 12. The sessions may appoint such number of firemen Firemen, tow 
 for each town as they may deem necessary, who shall, under ti?eir duty.' 
 the firewards, have the charge of the fire implements herein- 
 before 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 imple- 
 ments and bring the same to the place where the fire shall 
 have been discovered, and shall there diligently use the 
 same, under the direction of the firewards, in such way, as 
 may be deemed most useful for extinguishing the fire. 
 
868 FIRES AND FIREWAEDS. [PART I, 
 
 Chap. 99. 13. One of such firemen, to be appointed by the fire- 
 A fireman duly wards, shall have the power of a fireward in commanding 
 t!?efireward3to assistance in taking the fire-implements to or from any fire, 
 have the power and a like penalty shall attach for disobedience of his orders 
 Of a fireward as of those of a fireward. 
 
 Fire constaWes 14. The sessions may appoint so many fire constables as 
 theTr°'p?wel*s'"^' they may deem necessary, not exceeding six for each 
 and duties. district, 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 subdu- 
 ing the fire, keeping order and preventing thefts ; and if any 
 constable so appointed shaU neglect to be sworn into office 
 within a reasonable time after being notified of his appoint- 
 ment, or, having been sworn in, shall neglect his duty, he 
 shall forfeit a sum not exceeding forty shillings. 
 General sos- 15. The general sessions for any county may hereafter 
 
 |ir°fir?en*-iues^ assess upon a district, to be by them defined, such sum of 
 money as they shall think necessary, to be applied in pro- 
 >4~ tY^^ curing a fire engine with hose, fire buckets, and other neces- 
 ^ Jf /Ti'^ sary appurtenances for such district ; and also such sums as 
 l^^- ^^^^ may be required from time to time for keeping the same in 
 
 ^ ' repair. 
 
 Property! to be 16. Such monies shall be assessed upon houses and 
 assessed. buildings, and every description of insurable personal pro- 
 
 Assessors, perty within such district, by assessors to be appointed by 
 such general sessions, at such times and in such proportions 
 as such /general sessions shall direct. 
 
 17. Such assessors shall appoint one or more collectors, 
 ufenr'how^en- ^^o ^^ coUcct such monies, and such monies shall be col- 
 foroed. lected and payment thereof enforced in the same manner as 
 
 county rates are collected and their payment enforced. 
 To be paid into 18. Such collectors shall pay over the monies by them 
 sury°"ac«o'n'^ Collected to the county treasurer, and the county treasurer 
 tor's!"^' '"'"*'°" may maintain an action for money had and received against 
 any of such collectors who shall not pay over the monies 
 by him collected. 
 "°e'ot''o/'dut°''- ^^' ^^^ collector or assessor who shall neglect to per- 
 reoovery of. ' form the duties of his office, shall forfeit a sum not exceed- 
 ing ten pounds, 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. 
 Engine men, 20. The sessious may from time to time appoint such 
 their'^IS'^'^' number of engine men as may be deemed necessary, who 
 shall take charge of the fire engines, and shall keep the 
 same in good order and fit for service ; and upon an alarm 
 of fire they shall repair with their engines to the place 
 where the fire shall have been discovered, and work the 
 same under the direction of the firewards. 
 appomted "/° ^^- ^°® ^^ '^'^ engine men, to be appointed by the fire- 
 the firewards to wards, shall have the power of a fireward to command any 
 of rareward!" necessary assistance in taking the engines to and from fires, 
 
TITLE XXVII.] FIRES AND FIREWAEBS. 369 
 
 and any person refusing to obey his orders therein, shall be Chap. 99. 
 liable to the same fine as hereinbefore imposed for disobey- 
 ing a fireward. 
 
 22. Firemen and engine men shall be exempted from the Firemen md 
 performance of statute labor, except in respect of cattle empted from 
 and teams, and from serving on juries, or in the office of du"e3? ^^^'^'^ 
 constable; and these exemptions shall extend to persons 
 
 who shall have actually served as firemen or engine men 
 for a period of sixteen years, and shall have obtained a cer- 
 tificate of such service from the captain or lieutenant of 
 the company, countersigned by the secretary. 
 
 23. Upon any vacancy among the firemen or engine Vacancies, how 
 men, the same shall be at once reported by the captain to ^^^'^ '^ ' 
 the sessions, that the vacancy may be supplied. 
 
 24. The firewards may nominate arid license chimney chimneysweep- 
 sweepers, and if any person shall act in that capacity with- pointed' an^' li- 
 out being so licensed, he may, on a summary conviction fOTaotln^g™ ft'/ 
 thereof before a justice of the peace, be imprisoned for a ""* license. 
 period not exceeding one month. 
 
 25. Licensed chimney sweepers shall enter into bonds chimneysweep- 
 with two sureties, to be approved by the firewards, for per- bonds ; pJnaity 
 forming their duties during the term for which they may be duty^dfo.^"' "^ 
 appointed, and for conforming to the ' regulations of the 
 firewards 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 
 oflence, not less than five nor more than twenty shillings ; 
 and if the penalty shall not be paid within ten days after 
 conviction, and no personal property whereon to levy can 
 be found, the offender may be imprisoned for a period not 
 exceeding ten days, or the bond may be put in suit for the 
 payment of the penalty and costs. 
 
 26. The firewards may make regulations respecting the Fines for enfor- 
 times and mode of sweeping chimneys ; and if a fire shall tiJnsres^ceting 
 happen in any building or chimney so as to create alarm or o^f^eys.' "= "' 
 to endanger the neighboring buildings, and the occupants 
 
 of the building where the fire occurs cannot make it appear 
 that their chimneys have been swept according to such 
 regulations by a licensed sweeper, they shall forfeit ten 
 shillings, to be recovered in the name of any fireward. And 
 any fireward who shall be aware of the offence and shall 
 not prosecute for the penalty within five days thereafter, 
 shall forfeit five pounds. 
 
 27. Any two firewards may demand admittance into any Power of are- 
 
 1., T •; ..I 1 iiT j.1. • wards to enter 
 
 buiidmg wherem they have reason to believe there is any into buildings 
 dangerous chimney, stove, stove-pipe or funnel ; and if in l^^^ r™s?ecting 
 their opinion the same shall be dangerous, they shall order ^j^gf^™^^ 
 them to be altered or removed in such manner as they shall 
 direct ; and if their directions shall not be complied with, 
 the firewards shall cause such removal or alteration to be 
 made at the expense of the occupants of the building ; and 
 
370 FIRES AND FIREWAEDS. [PART I. 
 
 Chap. 99. if any person shall refuse admittance to the firewards while 
 acting under this section, or shall not make the removal or 
 alteration by them directed, he shall forfeit a sum not ex- 
 ceeding forty shillings, to be recovered, together with the 
 expenses of removal or alteration, in the name of the fire- 
 wards, or any of them ; and in default of payment the 
 offender may be imprisoned for a period not exceeding 
 ten days. 
 Their power to 28. If any two firewards shall consider it proper to 
 oMoombuslfbi'e inspect the placing or situation of any combustible mate- 
 !fa^itfes°'^°i'nou?" "^'^' they may demand admittance into any building or place 
 red, how enfor- for that purpose ; and if they shall deem the same danger- 
 '''"'■ ous, they shall direct the occupant of the building or place 
 
 to remove such materials or alter the placing thereof; and 
 if he shall neglect to obey them, they may make the 
 removal or alteration at his expense ; and if any person 
 shall refuse admission to the firewards Avhile acting under 
 this section, or shall not carry out their orders, he shall 
 forfeit forty shillings, in addition to the expense of carrying 
 out the direction of the firewards, to be recovered in the 
 name of the firewards, or of any of them ; and if the penalty 
 and expenses shall not be paid with costs, the offender may 
 be imprisoned for a period not exceeding ten days. 
 Provisions re- 29. No person shall keep at any one time in any one 
 powderf pmai- placc withiu the limits of the firewards, ox in any vessel or 
 eDforce^ent!"'"^ boat, for more than twelve hours after she has reached any 
 wharf within such limits, more than twenty-five pounds of 
 gunpowder ; and if any person shall violate the provisions 
 hereof he shall forfeit five shillings for every pound of such 
 gunpowder over twenty-five pounds, to be recovered in the 
 name of the firewards or any of them ; but this provision 
 shall not extend to any vessel or boat belonging to her 
 majesty wherein gunpowder may be kept for pubhc pur- 
 poses ; and all prosecutions hereunder shall be commenced 
 within three months after the offence shall be committed. 
 Warrant to ie- 30. Any justice of the peace, upon complaint on oath by 
 broken'^ opentf a fireward, that he has reasonable cause to suspect that 
 searchTor'dan- dangerous quantities of gunpowder are kept in any place 
 gerous quanti- contrary to the provisions of the last section, may issue his 
 d'er ° prooeed- Warrant to scarch therefor in the day time ; and if admit- 
 u"nd*er.''^'^°' taucc under the warrant shall be refused, and such refusal 
 shall be made appear on oath, the justice may grant a 
 further warrant to break open the place where such gun- 
 powder is supposed to be deposited ; and if upon any search 
 a greater quantity than twenty-five pounds of gunpowder 
 shall be found, the fireward may seize and sell such excess 
 at public auction, and the proceeds shall be applied for the 
 purposes of this chapter. 
 Sessions cm- 31. The scssions may make regulations to prevent the 
 nSe'^orders occurrence, increase or spreading of fires within the towns 
 reiatrvl"tofir'es! i^ t^is chai)ter mentioned, aad to prevent the unnecessary 
 
TITLE XXVII.] FIEES AND FIREWARDS. 371 
 
 ringing of fire bells, or the destruction thereof, or of their Chap. 99. 
 appurtenances ; and shall have the management and control 
 of the engine men and firemen, and may increase or diminish 
 their numbers ; and shall have general powers for the due 
 carrying out of the provisions of this chapter, and may affix 
 penalties for breach of any such regulations, not exceeding 
 forty shillings. 
 
 32. If any person shall wilfully destroy or injure any Kne for injur 
 public well or pump, or fire plug, or any engine or fire im- i^^pu^pg"^'^"^ 
 plements, within the limits to which this chapter extends, 
 
 he shall forfeit five pounds ; and in default of payment, and 
 no effects being found whereon to levy, may be imprisoned 
 for not more than ten days. 
 
 33. The fire wards shall annually appoint a chairman who chairman to be 
 shall act as treasurer of the board, and shall submit his *PPf;j°*^^ g'^^^; 
 accounts annually to the firewards, to be audited and signed wards-, ws office 
 by them, and submitted to the sessions for examination and 
 approval. 
 
 34. All penalties recovered hereunder shall be applied Application of 
 under the direction of the sessions towards the purchasing impiemen'ts, 
 and keeping in repair of engines and fire implements, and the and repaired'^ 
 sinking and keeping in repair of pumps and wells, and gene- j^ Pj^S'^nd oou 
 rally in carrying out the objects of this chapter ; and the lected. 
 sessions may at any time direct new engines and fire imple- 
 
 .ments to be procured for any town herein mentioned which 
 may be within their jurisdiction, and new wells to be sunk 
 and pumps placed therein ; and the expenses thereof 
 and of keeping them or those already in use in repair, and 
 all such further sums as may be requisite for the purposes 
 of this chapter, shall be assessed, levied and collected, with- 
 in the limits of the town where the expense shall be incur- 
 red, in the same manner as poor rates are assessed, levied' 
 and collected, and shall be paid over to the county treasurer,. 
 to be applied under the direction of the sessions for the 
 purposes contemplated. 
 
 35. Whenever any building or property shall be injured p''"®®.'^"^ «° 
 or destroyed by fire, and the cause or origin thereof- shall of'tiie origin of 
 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 province,- shall cause- an investi- 
 gation 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, ar before- two or 
 more justices in other places, who shall have- power to 
 enforce the attendance of such persons tc give evidence 
 before them as they may require, by summons or warrant 
 under their hands and seals, and t©^ 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- fiire has taken place, 
 and be filed by him in his office-. 
 24 
 
372 FIREARMS AND FIREWORKS. — GUNPOWDER. [PART. I, 
 
 Chap. 100. 36. The word "fir&wards'' when used in this cha-pter, 
 D^nition of shall includs one or more of them, unless otherwise expres- 
 terms. gg(j or repugnant to the context. 
 
 CHAPTER 100. 
 
 OF THE DISCHARGE OF FIRE-ARMS AND FIRE-WORKS. 
 
 Fine for. ran- 1. If any person shall unnecessarily discharge any fire- 
 charge' of foe ^™^s within the city of Halifax, or within any town, or 
 ..arms. within one hundred yards of any person riding or driving, 
 
 he shall for every offence forfeit ten shillings on summary 
 conviction before a justice of the peace, and in default of 
 payment shall be imprisoned for twenty-four hours. 
 Fine for iiapro- 2. If any porsou shall wantonly throw any fire-works, or 
 I?e-wolk™lStf permit the same to be thrown, into any street, thoroughfare 
 .certain piaoesi, or passage, or into any building, or shall make any bon-fire 
 
 or iiuDroDSriv • 
 
 making bon- withiu One hundred yards of any building, he shall for every 
 ^'^^^' offence forfeit forty shillings, and in default of payment 
 
 shall be imprisoned for a period not exceeding fourteen 
 days. 
 • Prosecutions to 3. Prosecutioiis Under this chapter must be commenced 
 be within eight ^^^.^j^.^ ^^^^^ ^^^^ ^^^^^ ^-^^ offcnce Committed. 
 
 CHAPTER 101. 
 
 OF THE TRANSPORTATION OF GUNPOWDER. 
 
 cf the convey- 1. No person shall convey by land more than one thou- 
 der by^fanj!"''' sand pouuds of guupowdor at one time. 
 Protection 2. More than fifty pounds of gunpowder shall not be 
 
 ulan fif™°ibs. placed in any one cart to be land-borne, unless the same 
 in one cart. shall be Completely covered with woollen or hair cloth, 
 exclusive of the package and the covering of the carriage. 
 Carts not to 3. No Carriage Conveying gunpowder shall be stopped 
 twenty rods of a Icss than twenty rods from any dwelling house. 
 
 Metaiuc suiT' ^- ^'^ "'°'^' ^*^^^' °'' i^etallic substance, other than cop- 
 stanoes not to per hoops on the casks, shall be placed on any carriage, 
 cartiaden with together witli any quantity of gunpowder exceeding fifty 
 
 powder. pounds. 
 
 Quantities oyer 5. No gunpowder exceeding fifty pounds shall be placed 
 w"igh^t"howso- in any carriage, but in barrels, half barrels or quarter bar- 
 rii^'e'. ^"^ '""^' rels, tight and well hooped with wood or copper hoops. 
 
TITLE XXVII.] WOODS AND MARSHES. — RIVERS. 373 
 
 6. No more than twenty-five pounds of gunpowder shall r?^^-^L^_?.' 
 be carried from, one place to another, unless the package Quantities over 
 be well hooped and sufficiently wrapped with woollen or pounds", "owse- 
 hair cloth. '^^ ''""■- "'"'-■ 
 
 7. If any person shall offend against the provisions of Forfeitures for 
 this chapter, he shall forfeit for every offence a sum not °''™™^- 
 exceeding twenty pounds. 
 
 8. ■ Nothing in this chapter contain shall affect the car- carriage of gun- 
 
 JO T f 1 • , , ■ powaer for her 
 
 riage of gunpowder tor her majesty's service. majesty's ser- 
 
 vice not to be 
 affeoted by tbis 
 chapter. 
 
 CHAPTiSR 102. 
 
 OF BURNING WOODS AND MARSHES. 
 
 1. The sessions shall make regulations for preventing sessions to 
 damage by setting fire to and burning woods, under-brush uom for" burn- 
 or marsh lands, at unseasonable times, and shall affix penal- j^|rshes"&o 
 ties' for breach thereof, not exceeding five pounds. 
 
 2. ' Prosecutions under this chapter must be commenced Limitation of 
 within tliree months after the offence committed. prosecutions. 
 
 3. If. any person convicted under this chapter shall not imprisonment 
 pay the penalty and costs, and shall have no goods whereon fOTwant^of ™ 
 a levy can be made, he may be imprisoned for a term not soods. 
 exceeding ane^day for every five shillings of tlie amount of 
 
 the judgment unless the same shall be sooner paid. 
 
 CHAPTER 103. 
 
 OP THE CONVEYING OP TIMBER AND LUMBER ON RIVERS, AND 
 THE REMOVAL OF OBSTRUCTIONS THEREFROM. 
 
 1. Upon the written application of twenty freeholders oommissionera. 
 resident in the locality of any river, or owning lands thereon, t'S^'^'furisd^il' 
 or interested in rafting and driving logs, timber, and lum- f°^ ^ 
 ber, 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 shall be limited, the 
 clerk of the peace ^hall return such application into the pro- 
 vincial secretary's office with a certificate of such approval 
 and the limits so established, and thereupon the governor 
 
374 
 
 EITEES. 
 
 [part I. 
 
 Chap. 103. 
 
 Powers ofoom- 
 missioners. 
 
 Sessions may 
 make refla- 
 tions regarding 
 refuse from saw 
 mills, &c., being 
 tbi'own into ri- 
 vers, &e. 
 
 Commissioners 
 may borrow mo- 
 ney. 
 
 Tolls to be esta- 
 blished } their 
 application. 
 
 Accounts to be 
 submitted an- 
 nually and au- 
 di ted by the ses- 
 sions. 
 
 Operation of 
 chapter re- 
 stricted. 
 
 Sessions fern- 
 powered to 
 make regula- 
 tions. 
 
 in council maj appoint three or five commissioners for the 
 purposes of the five succeeding sections of this chapter. 
 
 2. The commissioners may remove from the river all 
 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 or sessions may make regulations to prevent 
 obstruction to rivers by the throwing into them of slabs 
 and other refuse wood from saw mills; and the sessions may 
 impose penalties for the violation of such regulations, and 
 may direct the method of recovering the same. 
 
 3. The commissioners may borrow upon their own credit, 
 or upon the credit of the tolls arising as hereinafter men- 
 tioned, such sums of money not exceeding one thousand 
 pounds in the whole, as may be necessary for the purposes 
 of their appointment. 
 
 4. When the undertaking is completed the commissioners 
 may collect a toll of such amount, and in such manner, and 
 under such regulations for enforcing payment thereof as the 
 sessions may from time to time direct, upon logs, timber, 
 lumber, wood, and other articles brought down the river 
 Avithin their jurisdiction, 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. 
 
 5. The commissioners shall annually submit an account 
 of their expenditure and proceedings, and of the tolls col- 
 lected, to the sessions for audit, and when approved it shall 
 be filed by the clerk of the peace. 
 
 6. Nothing herein contained shall be construed to sanc- 
 tion any claim on the provincial revenue in respect of the 
 monies 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. 
 
 7. The sessions shall, when found necessary, make regu-. 
 lations 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 the rates of boomage that shall be 
 paid to the owners of the booms on articles secured thereby, 
 and the manner in which such boomage shall be collected 
 and applied, whether for the repair of the booms or the 
 use of the owners thereof; and also as to the taking of 
 
TITLE XXVII.J MADMEN AND VAGRANTS. 375 
 
 articles from one boom to another; and may appoint persons Chap. 104. 
 to take charge of the booms and eoUect such monies as 
 may be due under such reguUxtions, and may impose penal- 
 ties for breach of such regulations, of not less than five nor 
 more than forty shillings ; but nothing herein contained 
 shall authorize the removal of any mill-dam. 
 
 8. Persons may bring logs, timber and lumber down Logs, timber 
 rivers, in reference to which such regulations have been may tiebrought 
 made ; provided they shall in all respects conform to the derr°guUtion"s' 
 regulations and do as little damage as possible to the owners 
 
 of the soil adjoining. 
 
 9. The word " river" when used in this chapter shall ufj''^ord"iTer 
 include streams running into any river. 
 
 CHAPTER 104. 
 
 OP MADMEN AND VAGRANTS. 
 
 1. Any madman may be apprehended under warrant Madmen may 
 from two justices of the peace, and if his legal settlement ^| a^jjf gont°to 
 shall be in any place within the countj^, he shall be secured '{J^.p}*"^ °^,, 
 within the same, and there, if necessary, chained ; and if ment-, expenses 
 such settlement be not within the county, he shall be sent hoyp™vided 
 by the justices, by order under their hands, to the place of 
 
 his last legal settlement, and shall be there secured under a 
 warrant from two justices of the peace for the county to 
 which he shall be so removed ; and the charges of removing, 
 maintaining, and curing such person during his restraint, 
 being first proved on oath before two justices, shall be paid 
 out of the proceeds of the personal property, or the rents 
 of the real estate of such person, if any he have, over what 
 will maintain his family ; and which property or rents may 
 for that purpose be seized and sold by the overseers of the 
 poor of the place of such person's last legal settlement, 
 under a warrant from two justices ; and if such person hath 
 not any property or rents applicable therefor, then such 
 expenses shall be borne by the inhabitants of the district 
 within which such person shall have his last legal settlement, 
 in the same manner as if he were a pauper chargeable to 
 such district. 
 
 2. Persons who unlawfully return to any place whence common ra- 
 they have been legally removed as paupers, and idle and SaUbedeemed 
 wandering persons having no visible means of subsistence, ?H°'J| how pun 
 and persons going about to beg alms, shall severally be 
 
 deemed common vagrants, and may be brought up and sum- 
 marily convicted by a justice of the peace, and thereupon 
 imprisoned for not more than one month. 
 
376 public exhibitions. [paet i. 
 
 Chap. 105. 
 
 CHAPTER 105. 
 
 OP PUBLIC EXHIBITIONS. 
 
 License for puT)- 1- The clerk of the licenses, with the consent of two 
 how'^obSed?' justices of the peace, shall grant a license to an}^ person 
 applying, for holding any show, play, or public exhibition, 
 upon such person paying a sum not exceeding twenty-five 
 shillings nor less than five shillings per day, at the discre- 
 tion of the officer granting the license ; the money to be 
 paid for such license before the granting thereof, and to be 
 paid for every day for which the license is granted, to be 
 therein expressed, which license shall not be operative out 
 ■of the county where granted. 
 Mode of pro- 2. If the clerk of the licenses shall be absent, or shall 
 cferk^of license reside more than five miles from the place where it shall 
 absent or living jjg intended to hold the exhibition, two justices may grant 
 
 Deyond a cer- it i ... , ' "^ ^. R 
 
 tain distance, such license under and subject to the payments, restrictionsj 
 and regulations in the .first section mentioned ; and they 
 shall, within thirty days after granting the license, make • 
 return thereof to the clerk of the licenses, and at the same 
 time pay over the amount of duties received therefor. 
 Fees on grant 3. The clei'k of the licenses or justices granting any 
 mg loense. g^Q.]^ license, shall be entitled to receive therefor a fee of 
 
 two shillings and six pence. 
 
 Fine for exhitii- 4. If auy person shall hold any show, play, or public 
 
 censel and^how exhibition without previously obtaining a license, he shall 
 
 reooTored. forfeit five pounds for every day the same shall be held, to 
 
 be recovered in a summary manner before two justices of 
 
 the peace, and to be by them, within thirty days after receipt, 
 
 paid over to the clerk of the licenses. 
 
 Clerk of the 5. * The clork of the licenses shall, within ten days before 
 
 peace, dutyof in -ix- c j.i • j n ■ i- i 
 
 r^iiation to fines overy Sittings 01 the sessions, pay over to the cotintytrea- 
 /ileoted. surer, for county purposes, all duties and penalties by him 
 
 received under this chapter. 
 City of Halifax 6. The provisions of tliis chapter shall not extend to 
 
 exempted from ,i ■, /? tt ti ' ■ 
 
 tiiis etapter. the City ot Haliiax. 
 
 CHAPTER 106. 
 
 OP STKAY HORSES AND CATTLE. 
 
 stray"catti«,&e. 1- Whenever any horses or cattle, or any swine or sheep 
 
 with.*" '"^ '''^*^' shall stray into the yard, barn, or enclosure of any person, 
 
 he shall detain the same ; and if not claimed within twenty 
 
TITLE SXVII.] STEAY HORSES AND CATTLE. 377 
 
 four hours, he shall forthwith thereafter transmit to the Chap. 106. 
 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 descrip- 
 tion; 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. 
 
 2. The town clerk shall file the description and notice. Town oiert's 
 and post up a cop}' thereof in his office for at least ten days ''°*-*' '^"'^ ^°''^' 
 after he has received the same, for which services he shall 
 
 be entitled to a fee of one shilling for every animal. 
 
 3. If no person shall claim the animals within ten days Proceeding 
 after such notice posted up, the finder may apply to a jus- rnt''ai)peai^™' 
 tice of the peace, who iipon proof of the notice having been after due notioe. 
 duly posted, shall, by order under his hand, direct any con- 
 stable to sell the animals ; and the constable shall forthwith 
 
 sell the same, having first given notice by advertisements 
 posted in three of the most public places within the 
 township or settlement for at least six days. No sale shall, 
 however, take place between the thirtieth of April and the 
 first of December ; but in case there shall not be sufficient 
 time after the receipt of the order to advertise the sale for 
 some day before the first day of May, the constable shall 
 not proceed to sell until after the thirtj^-first of October. 
 
 4. After deducting from the proceeds of sale five per Application of 
 cent, for the constable for his services in advertising and faie?^*^' °^ 
 selling, and the reasonable expenses of keeping the animals, 
 
 ' together with the town clerk's fee, the balance shall be paid 
 to the overseers of the poor for the place where the 
 animals were found, to be applied to the use of the poor 
 therereof, unless claimed by the owner of the animals with- 
 in twelve months after sale, in which case it shall be paid to 
 the owner. 
 
 5. If the owner shall claim his property before sale, he Fees payable 
 shall be bound to pay the finder his reasonable expenses of ^afmoS^ifefo'e 
 keeping, and also the town clerk's fee, and if advertised the ^''^'=- 
 reasonable expense thereof 
 
 6. If any question shall arise between the owner or Dispute as to 
 overseers of the poor, and the finder, either respecting eJplnsesfuow 
 ownership or expenses of keeping, either of the parties settled, 
 may apply to two justices of the peace, who shall determine 
 
 the matter, and make such order therein as may appear 
 just. 
 
 7. If any person who may have detained any such stray Finesfordetain- 
 animal, shall not, within a reasonable time, transmit the ani "n'ot^' pro- 
 description and notice to the town clerk as hereinbefore t^fg^'„^|pt^r It 
 directed, he shall forfeit for every hofse or head of cattle rcotod. 
 
 not more than forty shillings, and for every hog or sheep 
 not more than twenty shillings. 
 
378 infected cattle. — sea manure. — coasting. [paet i. 
 
 Chap. 107 . 
 
 CHAPTER 107. 
 
 , OP THE GOING AT LARGE OF INFECTED CATTLE AND OF DOGS, 
 AND VICIOUS ANIMALS AND GEESE. 
 
 Sessions shall 1. The sessions shall make regulations for preventing 
 Uons^respectfng the going at large of infected horses and cattle, and the 
 seeTe.*dos3*&cl Spreading of distempers among them ; and also as to the 
 going at large of dogs and of vicious animals, and of 
 geese ; and shall affix penalties for breach of any such regu- 
 lations ; which penalties shall not exceed as respects horses 
 and cattle, five pounds, and as respects dogs and geese, 
 twenty shillings, 
 imprisonmenq 2. If judgment be given for any such penalty and the 
 goo™to pay defendant shall not pay the same, and shall not have goods 
 "°^- whereon the same may be levied, he may be imprisoned for 
 
 a period not exceeding one day for every five shillings of 
 the penalty. 
 
 CHAPTER 108. 
 
 OF THE GATHERING OF SEA MANURE. 
 
 Sessions may 1. The sessions may make regulations with regard to 
 
 S'ons'respecSng the Collecting and taking away of sea manure which may 
 sea manure. \)q driven by the sea and lod|.'ed upon the shores and 
 beaches ; and if an}' person shall transgress such regula- 
 tions he shall, for every offence, forfeit a sum not exceeding 
 forty shillings. 
 Private rights 2. Nothing in this chapter contained shall extend to 
 " * "" " "^ take away or abridge any private rights or interests on any 
 of such shores or beaches. 
 
 not affected. 
 
 CHAPTER 109. 
 
 OF COASTING ON HIGHWAYS. 
 
 Sessions may 1- The scssions may make regulations for preventing 
 
 "on^resplftilfg' P^rsons from coasting, skating, or sliding on the snow or 
 
 oaating. ice down the hills on highways or streets ; and impose a 
 
 penalty not exceeding five shillings for breach of such 
 
 regulations. 
 
TITLE XXVII.] EOADS OVER THE ICE. 379 
 
 2. The parents of minora and the masters of appren- Chap. 110 . 
 tices, who shall transgress any such regulation, shall be Parenta and 
 liable to the penalty thereior. sibio forpenai- 
 
 CHAPTER 110. 
 
 OP ROADS OVER THE ICE. 
 
 1. The sessions may make regulations for ascertaining sessions may 
 the safest track for roads over the ice on harbors, rivers, uoMrespIlung 
 creeks, lakes, or bogs, and for putting down or continuing J™^''^ *°'^ ^j^ 
 bushes or other marks for defining the course of such roads, ice. 
 
 and to prevent the removal or destruction of such biishes 
 or other marks ; and may affix a penalty for breach of any 
 such regulations, not exceeding twenty shillings for each 
 offence, which shall be applied, one half to the person 
 sueing, and the other half for county purposes. 
 
 2. The expenses incurred in putting down, continuing, Expenses to 
 
 1 i i- T. 1 I. 11 p J. forma county 
 
 repairing and protecting such marks, shall form a county charge. 
 charge. 
 
380 deeds by mareied women. [paet ii. 
 
 Chap. 111 . 
 
 PART II. 
 
 OF THE ACQUISITION, TRANSMISSION, AND ENJOYMENT OP 
 PROPRRTY, REAL AND PERSONAL, THE DOMESTIC 
 
 RELATIONS, AND OTHER MATTERS COX- ■' f' 
 
 NECl'ED WITH PRIVATE RIGHTS. 
 
 TITLE XXYIII. 
 
 OP REAL PROPERTY AND THE ALIENATION THEREOP. 
 
 CHAPTER 111. 
 
 OP DEEDS. BY MAREIED . WOMEN. 
 
 Deeds by tnar- 1. All deeds executed under power of attorney or other- 
 exeouted™'""^ ""^ise, made by a married woman jointly with her husband, ' 
 or concurred in by a separate conveyance executed by him, 
 of estates to which she is entitled or may have any present 
 or future interest, whether in her own right or by way of 
 dower or otherwise, shall have the same effect as if made 
 by an unmarried woman, if such power of attorney or deed 
 be acknowledged by such married woman before a judge 
 , of the supreme court or a justice of the peace, as her free 
 
 . ' act and deed, and to have been executed without compul- 
 
 sion by. her husband, or to that effect; which acknowledg- 
 ment shall thereupon be certiiied by such judge or justice 
 in writing, upon such power of attorney or deed. 
 Poods how exe- 2. If such married woman reside without this province, , 
 oated abroad. guQ|i acknowledgment may be taken before the mayor of 
 any city or the judge of any court of record residing at or 
 near the place where such married woman may be, and shall 
 be certified in writing on the power of attorney or deed by 
 such mayor or judge, and his certificate shall be authenti- 
 cated under the hand and seal of a notary public. If such 
 married woman reside in a foreign cornitry such acknowledg- 
 • i ■ ' ment may be taken before any public minister, ambassador 
 
 > or consul from the court of Great Britain or vice consul 
 
 there residing, and shall be certified on the power of attor- 
 ney or deed under the hand and seal of such public func- 
 tionary. 
 Aoknowiodg- 3. Every such acknowledgment and certificate shall be 
 reg"stoed.""'' registered with the p(?wer of attornoy or deed. 
 
 ■4*M.>'-*" 
 
TITLE 2XTIII.] ESTATES TAIL. — REGISTRY OF DEEDS. 381 
 
 4. All deeds and powers of attorney, heretofore execu- Chap. 112. 
 ted and acknowledged, and hereafter to be executed and ^ds~of mar- 
 acknowledged by married women in foreign coiintries, be- r'^'i. women in 
 ' fore any mayor or judge of a court of record, and certified triesrwhcn va- 
 in writing on the same, by such mayor or judge, and such "*' 
 certificate being authenticated under the hand and seal of a 
 notary public, shall be valid and effectual to bar the dower 
 or right of any married woman in the lands and premises 
 therein mentioned. 
 
 CHAPTER 112. 
 
 OP ESTATES TAIL. 
 
 1. All estates-tail are abolished and every estate which Estates tail 
 would hitherto have been adjudged a fee-tail, shall hereafter ^''°^^^"-'''- 
 be adjudged a fee-simple, and if no valid remainder be limited 
 thereon, shall be a fee-simple absolute, and may be convej^ed 
 or devised by the tenant in tail, or otherwise shall descend 
 to his heirs as a fee-simple. 
 
 CHAPTER 113. 
 
 OP THE REGISTRY OP DEEDS AND INCUMBRANCES AFFECTING 
 , ■ LANDS. 
 
 1. The e;overnor in council may appoint a registrar of ?<5&jstrars of 
 
 ._ c> ,-,1 -ji T deeds, how ap- 
 
 deeds tor every coimty m the provmce, and tor every dis- pointed : depu- 
 trict in which such appointments are now made. In case pofnted^in'^oer- 
 of the contemplated absence from the county of the regis- tain cases, 
 ti-ar, or' in case of his illness, he may, with the approbation 
 of the governor and council appoint a deputy, who may 
 perform all the duties of the registrar during such absence 
 or illness, and for all his acts the registrar and his sureties 
 shall be responsible. 
 
 2. Fire proof safes shall be provided in the several coun- Fire-proof safes 
 ties and districts for the preservation of the records, books, '"''"P^^^"'*' ■ 
 and papers of the registry. 
 
 3. The grand jury and sessions shall provide for the g^fe^kee" in™ 
 custody and safe keeping of the books of registry, and see &o., of uooiis of 
 that they, with the indices, are placed and kept in good and ^^'^^^ ^^' 
 eflScient condition ; and shall assess upon the county, with 
 
 the county rates, such sums as may be necessary from time 
 to time in the premises. 
 
382 REGISTET OF DEEDS. [PART It. 
 
 Chap. 113. 4. In case the grand jury shall not comply with the 
 If no assess- foregoing section, the justices in session may amerce the 
 Say'ameror' counties respectively, for the necessary amount, and may 
 
 direct the mode of its application. 
 Bonds to be 5. No registrar shall enter upon the duties of his office 
 '="^®°- until he shall have given bond to her majesty, with such 
 
 sureties, and to such amount, and in such form as the 
 governor in council may direct, for the faithful performance 
 of the duties of his office, and the indemnifying of all parties 
 who may be injured by his default or misconduct.nor until he 
 shall have satisfied the governor in council that he has pro- 
 vided a suitable place for the custody of all deeds, papers, and 
 books of registry, which may come to his charge or keeping. 
 Books of regis- 6. Every registrar shall furnish well bound books, of a 
 T!Sed''°theFr™' kind to be approved of by the governor in council, as suit- 
 kind and qua- ^ble for the registry of deeds and incumbrances affecting 
 lands, and in which books such incumbrances and deeds 
 shall be registered. 
 Double indexes 7. A doublc index to the books of registry shall be made 
 rlgish'y °to ' be*^ and kept by every registrar, including, in case of deeds, the 
 ■'*?'■• names of all the grantors and grantees, and in case of judg- 
 
 ments and attachments, the names of all the plaintiffs and 
 defendants. 
 Double indexes 8. A double iudcx sliall be made and kept in like man- 
 try*'to bl kepT' Der by evcry registrar, of all deeds proved and lodged in 
 his office, and of all dockets of judgments and attachments 
 lodged therein ; in which every deed shall be entered so 
 soon as it is proved and lodged, and every docket of judg- 
 ment or attachment when lodged. 
 Deeds, &e. to be 9. All deeds, judgments and attachments affecting lands, 
 ttieTandsUa™ ^^^^^ ^® registered in the office of the county or district in 
 
 which the lands lie. 
 Deeds to be CO- 10. All deeds shall be Copied into the books of registry, 
 traosoripts'" ^ SO as to bc, as near as possible, transcripts of the original; 
 tered in'the '"'" ^^^ copics of any plaiis Or schcdulcs annexed, shall likewise • 
 books. be entered in the books. 
 
 Deeds how pro- 11. Deeds within the province may be proved, first, 
 
 provinoe^"^ "'^ upou the oath of oue of the subscribing witnesses to the 
 
 due execution thereof by the parties executing the same ; 
 
 or, secondly, upon the personal acknowledgment by the 
 
 parties, under oath, of the due execution thereof. 
 
 Oaths admiuis- 12. Such oaths may be administered by the registrar of 
 
 ua?^ j'ud.'ef or ^^6 county or district, and shall be so certified upon the 
 
 justices 0? tiie (jgej • gr they may be administered by a ludge of the 
 
 peace) certiB- ' •' "^ • ,• n ,, J J b 
 
 cateto shew the supreme court, or a justice oi the peace, or by any other 
 '**''°' registrar, who shall sign a certificate thereof, declaring the 
 
 date of the attestation on the deed, and the same shall be 
 registered thereupon along with such certificate. 
 Deeds how 13. In case all the subscribing witnesses to the execu- 
 
 subsoribingwit- tioii of a deed by all or any of the parties thereto; shall be 
 ne^ssdeadorab- ^j^^^^ ^^ ^j^gg^^. ^^^^ ^^^ province, the registrar shaU 
 
TITLE XXVIII.] EEGISTKY OF DEEDS. 383 
 
 register the deed upon sufficient proof of such death or Chap. 113. 
 absence, and of the hand writing of any one of the sub- 
 sci'ibing witnesses thereto, to be made before him or any 
 other registrar, or a judge of the supreme court, upon oath, 
 such oath to be endorsed upon the deed or annexed thereto, 
 and registered therewith. 
 
 14. Deeds may be proved out of the province, as well needs how 
 in foreign countries as in the British dominions, by the oath the piovlnoe. 
 of a subscribing witness, or the acknowledgment -of the 
 
 parties under oath, as in the. eleventh section; such oaths to 
 be administered by a judge of any court of record, by the 
 mayor of any city, by a justice of the peace, or by a notary 
 public, residing respectively at or near the place where the 
 deed is proved ; and the attestation, with the date, to be 
 certified under the seal of a court of record, or of a city, 
 or under the hand and seal of a notary public ; and where 
 a deed is proved in a foreign country, the oath may be 
 administered by, and the attestation, with the date, certified 
 under the hand and seal of any public minister, ambassador • 
 or consul from the court of Great Britain, or vice consul 
 residing at or near the place where the deed is proved. 
 
 15. Where a deed shall have been duly proved and Deeds, Ac. duly 
 lodged, or the docket of a judgment, or the copy of a writ ged^for resistry 
 of attachment with the description and appraisement, duly f/omthTtimeof 
 lodged as above, for registry, the time when the same shall heiog lodged: 
 have been so proved or lodged shall be accounted the date 
 
 of the registry of such deed, judgment or attachment, 
 respectively ; and the same shall be registered in the same 
 order in which they were so lodged or proved. 
 
 16. The registry of a deed executed b)'' virtue of a when a deed is 
 power of attorney shall not be valid unless such power or a^powlr of at- 
 a deed subsequently confirming the authority given thereby, po^e^'mSst he 
 shall be registered in the office of the county or district registered. 
 where the lands lie. 
 
 17. Process of subpoena may be issued out of the ma^'TsTue* to 
 supreme court as in ordinary cases, and with the necessary t°Xnce*''of''t 
 variation in form, to compel the attendance of any witness witness on the 
 to, or the production of any deed for proof thereof, that §eed"for™proo1r 
 the same be registered; and the court or a judge shall '''"^"='^'^'^y- 
 have the like power to punish any disobedience to such 
 subpoena in the same manner and to the same extent as in 
 
 other cases ■; but no witness shall be compelled to produce 
 under such subpoena any deed which he would not be com- 
 pelled to produce on a trial. 
 
 18. The certificate of registry endorsed on any deed, gf/try^toV/^: 
 docket of judgment or attachment, and signed by the regis- oeived in eyi- 
 trar, shall be taken and allowed in all courts, as evidence of 
 
 the registry. 
 
 19. Deeds or mortgages of lands duly executed, but not Deeds to have 
 registered, shall be void against any subsequent purchaser, Sate'of registry. 
 or mortgagee for valuable consideration, who shall first 
 register his deed or mortgage of such lands. 
 
384 EEGISTRY OF DEEDS. [PART II. 
 
 Cha p. Il3 . 2O. No mortgage, judgment, or other incumbrance 
 Movteage, &<:., affecting lands, shall have any priority or effect by reason , 
 taokud. of being held by or vested in the same person with another 
 
 mortgage or incumbrance of prior date and registry. 
 Mortga:;cs how 21. Mortgages shall no longer be discharged by certifi- 
 reieasod. ^^^^ ^^ release, but the release itself shall refer to the 
 
 registry of the mortgage, and need not contain the descrip- 
 tion of the premises at full length ; and the same shall be 
 recorded like other deeds," and a marginal note thereof shall 
 be made by the registrar, without further fee, on the book 
 of registry of the mortgage referring to the registry of the 
 release. 
 Judgments to 22. Judgments duly recovered and docketed shall bind 
 S of registry! the lands of the party against whom the judgment shall 
 have passed only from and after the registry thereof in the 
 county or district wherein the lands are situate ; and d^eds 
 or mortgages of such lands, duly executed but not regis- 
 tered, shall be void against the judgment creditor, who shall 
 first register his judgment. 
 Dockets ofjudg- 23. The docket of a judgment to be registered shall 
 ^nts'howregis- Contain the names of the parties, the amount recovered, the 
 tered. signature of the judge, and the time of signing ; and a copy 
 
 of such docket, certified under the seal of the court and the' 
 hand of the prothonotary where the judgnient was reco-. 
 vered, being lodged for registry, shall be entered in the 
 books without further proof. 
 Writs of attach- 24. Lands levied upon under writs of attachment shall' 
 hcfw'bound^. ^^ bound thereby onlj^ from the time that true copies of the 
 theroby ; liow writ and of the description and appraisement of the lands, 
 ° ' certified by the sheriff or his deputy, under his hand, shall 
 be lodged for registry in the county or district where the 
 lands lie; which copy shall be recorded without further 
 proof, and shall continue to bind the lands until thirty days 
 after final judgment signed in the cause. 
 Judgments and 25. Judgments and attachments so entered shall be dis- 
 howdis'oharged. charged by an entry on the margin of the registry thereof, 
 to be made by the registrar upon the filing of a release duly 
 acknowledged or proved by a subscribing witness to have 
 been executed by the parties by whom the judgihent was 
 obtained, or of a certificate under the seal of the court and 
 the hand of the prothonotary that the judgment has. been 
 satisfied, or the suit in which the attachment was issued 
 discontinued or set aside, 
 iieases for more 26. Leases of land for a term exceeding three years 
 yea?s toTe re- shall be void against any subsequent purchaser, mortgagee 
 reasombierant ^°i' valuable Consideration, or judgment creditor, unless 
 to be reserved, sucli leases shall have been previously registered, and a 
 
 reasonable rent reserved in good faith therein. 
 Future grants 27. Grants of land, made after the thirty-first day of 
 corded in refill March, 1854, shall not be recorded in the office of the pro- 
 try of deodg. vincial secretary ; but instead thereof, shall be recorded in 
 
TITLE XXTIII.j , EEGISTEY OF DEEDS. 385 
 
 i 
 
 the ofBce of registry of deeds of the county in which the Chap, 113 
 lands "lie. " '■ ' 
 
 28. The duplicate originals of grants kept in the office Duplicate origi- 
 •of the siirveyor general, signed by the governor, shall here- to be°klpt'\n- 
 
 after be signed also by the provincial secretary. rai'Io^oe.^"""" 
 
 29. Books similar. to those now in use in the secretary's separate books 
 office for the registry of grants, shall be furnished to the Immsh^a tpre- 
 vafious registrars of deeds throughout the province; and IrlntsiiidnBii- 
 grants when completed shall be transmitted, with a dupli- of^te to be lor 
 cate plan, by the surveyor general, to the registrars of ^'^',,1;." 
 deeds, who shall record the same in the books so furnished, '•'■ 
 
 and attach thereto the duplicate plan, and shall keep an 
 index of the records thereof in the name of each grantee 
 and shall be entitled to receive from the general revenues Fees. 
 a fee of two shillings and six pence for each grant so 
 recorded, payable on or after the thirty first day of Decem- 
 ber in .each year, on their accounts being duly attested to 
 and audited by the surveyor general. 
 
 30. In the county of Halifax the registrar of deeds shall Registrar at 
 
 , , , -rill Halifax may 
 
 keep as many contemporaneous registry books as he may keep as many 
 find necessary to enable him to register, without delay, the ous*boXs™r 
 deeds aftd certificates presented for registration ; and he "»■/ ^^ n.(">^s- 
 shall not be obliged to record in one book the deeds and 
 certificates in the order in which they are presented. 
 
 31. The plans of partition of any township, which, on ^o'^q^oj"^;,^^^'^''' 
 the execution of any writ of partition, were returned to the siups. 
 office of the prothonotary at Halifax, shall be transmitted 
 
 to the registrar of deeds of the counties in which such 
 townships are situate ; such plans shall be certified by the 
 • prothonotary at Halifax to be the original plans so re- 
 turned. 
 
 32. In all the counties except Halifax the registry books ^^^tJf'Je'TS 
 shall be kept at all times, except when in actual use, or safes, except in 
 when required in any court for the purposes of justice, in ^^^^ '^^^- 
 the safes provided for the oflSce, and any registrar of deeds .'inf f v 
 who shall offend against this provision, shall incur a penalty Penalty: -^ •';.,;, ■ 
 of twenty pounds for each offence, and on a second convic- 
 tion shall be ever after incapable of holding the ofiice of 
 registrar of deeds in any county or district of this province. 
 
386 TITLE BY WILL. -[PART IL 
 
 CHA r. 114. 
 
 TITLE XXIX. 
 
 OF TITLE TO REAL AND PERSONAL PROPERTY BY WILL, 
 
 AND BY DESCENT, AND THE SETTLEMENT OF THE 
 
 ESTATES OF DECEASED PERSONS. 
 
 CHAPTER 114. 
 
 OF WILLS OP REAL AND PERSONAL ESTATE. 
 
 What property 1. Any person may devise and bequeath by Ms will, 
 may be devised, gj-gj^^^g^j ^g hereinafter mentioned, all real estate and all 
 personal estate, and all rights and interests in real or per- 
 sonal estate to which be shall be entitled, either at law or 
 in equity, at the time of his death, and which if not so 
 devised or bequeathed, would devolve upon his heirs at 
 law or representatives. 
 Persons under 2. No wUl made by any person under the age of twenty 
 pctS^o'make oue years, shall be valid. 
 
 * ^'"- . 3. No will made by a married woman subsequent to the 
 
 may^ be 'made first of October, ouo thousand eight hundred and forty, shall 
 mo^"™"^ ^°" be valid, except a will of personal estate upon Avhich the 
 husband's consent has been expressed in writing, or a will 
 appointing one executor or more to a will whereof she is 
 executrix ; or a will of real or personal estate to which she 
 may be entitled for her separate use ; or an appointment by 
 will in pursuance of a power to be executed notwithstand- 
 ing coverture. 
 Win by a mar- 4. No will nor any devise or bequest in any will made 
 vow^f™a°gift ^y ^ married woman shall be void bj' reason of any devise 
 to her imaDand. pr boquest, or of any gift or disposition to or for the use or 
 
 benefit of her husband. 
 Wills how to be 5. No will shall be valid unless it shall be in writing, 
 muluea^ requil signed at the end or foot thereof by the testator, or by 
 red. some other person in his presence and by his direction : and 
 
 such signature shall be made or acknowledged by the 
 testator in the presence of two or more witnesses present 
 at the same time, and such witnesses shall attest and shall 
 subscribe the will in the presence of the testator, but no 
 form of attestation shall be necessary. 
 Soldiers' and 6. Any soldier being in actual military service, or any 
 porsonLrestatf mariner or seaman being at sea, may dispose of his personal 
 tSfifre ^ "^ ^'''°" estate as heretofore. 
 
 Power of ap- '^ • '^^ appointment made by will in exercise of any 
 pointment by power shall be valid unless the same be executed in manner 
 
 will to be exe- i j i r • j j -ii ^ i • 
 
 ecutcdasawiii. hereinbetore required ; and every will executed in manner 
 hereinbefore required, shall, so far as respects the execution 
 and attestation thereof; be a valid execution of a powe r of 
 
TITLE XXIX.] TITLE BY WILL. 387 
 
 appointment by will, notwithstanding it shall have been Chap. 114. 
 
 expressly required that a will made in exercise of such 
 
 power shall be executed with some additional or other 
 
 form of execiition or solemnity. ^ ^.^j^ ^^ 
 
 8. Every will executed in manner hereinbefore required as above requi- 
 shall be valid without any other publication thereof. outfllfthenjub- 
 
 9. No will shall be invalid on account of the incom- li?,°'i',°i?v k ■ 
 
 p . . . . JNo will tobein- 
 
 petency oi the witnesses to prove its execution. vaMforthein- 
 
 10. All devises, bequests, or appointments, except charges tho'witnesses." 
 and directions for the pa3'ment of debts, to an attesting a devise to an 
 witness of the will, or to the wife or husband of such per- ness^ ™fe iTus- 
 son, shall be void, and he shall be admitted to prove the auoh plrsTn" "^ 
 execution of the will, or the validity or invalidity thereof: but" t** *'^'''t.°''° 
 provided that where there shall happen to be two competent nesses, shau bo 
 witnesses to the will beside such person, such devise, ^"^ ' 
 bequest, or appointment shall not be void. 
 
 11. In case by any will any real or personal estate shall Debts charged 
 be charged with any debt, and any creditor, or the wife or pSnai^'istata 
 husband of any creditor whose debt is so charged, shall ^ua\\f°'''ije'^ 
 attest the execution of such will, such creditor, notwith- 3itor as a wit- 
 standing such charge, shall be admitted a witness to prove '^^^' 
 
 the execution of such will, or to prove the validity or 
 invalidity thereof. 
 
 12. No person shall, on account of his being an executor Executors may 
 of a wiU, be incompetent to be admitted a witness to prove ^^ witnesses. 
 the execution of such will, or a witness to prove the validity 
 
 or invalidity thereof. 
 
 13. All wills shall be revoked by marriage, except a will Marrage shall 
 
 . ■ r- x-iTT-ii- 1 revoke a will 
 
 made in exercise ot a power oi appointment, when the real except in cer- 
 or personal estate thereby appointed would not in default ctfled.""^^* ^^'°" 
 of such appointment pass to the heir, executor or adminis- 
 trator, or the person entitled as next of kin. 
 
 14. No will shall be revoked by any presumption of an wiiis not re- 
 intention to revoke on the ground of an alteration in Jumptions. '"^*" 
 circumstances. 
 
 15. No will or codicil, or any part thereof, shall be wiiis how re- 
 revoked otherwise than as above mentioned, or by another " 
 
 will or codicil executed in manner hereinbefore required, 
 or by some writing declaring an intention to revoke the 
 same, and executed in the manner in which a will is here- 
 inbefore required to be executed, or by the burning, tear- 
 ing or otherwise destroying the same by the testator, or by 
 some person in his presence and by his direction, with the 
 intention of revoking the same. 
 
 16. . No cancelling by drawing lines across a will, or any obliterations, 
 part thereof, and no obliteration, interlineation, or other Sterations'Tc', 
 alteration made in any will after the execution thereof, shall andli'j.w faT^'^ 
 be valid, or have any effect, except so far as the words or they shall anes* 
 the effect of the will before such alteration shall not be "■ ''^ 
 apparent, unless such alteration shall be executed in like 
 
 manner as hereinbefore is required for the execution of the 
 25 
 
388 TITLE BY WILL. [PAET H. 
 
 Chap. 114. will; but the will, with such alteration as part thereof, shall 
 " ~ be deemed to be duly executed if the signature of the tes- 
 
 tator, made by himself or some other person in his presence 
 and by his direction, and the subscription of the witnesses 
 be made in the margin or on some other part of the will 
 opposite or near to such alteration, or at the foot or end of 
 or opposite to a memorandum referring to such alteration, 
 and written at the end or some other part of the will. 
 Will reroked, 17. No will or codicil, or any part thereof, which shall 
 how revived. ]jq Jjj q^^j manner revoked, shall be revived otherwise than 
 by the re-execution thereof, or by a codicil executed in 
 manner hereinbefore required, and showing an intention to 
 revive the same. And when any will or codicil which shall 
 be partly revoked, and afterwards wholly revoked, shall be 
 revived, such revival shall not extend to so much thereof as 
 shall have been revoked before the revocation of the whole 
 thereof, unless an intention to the contrary shall be shoTvn. 
 (^onveyanoea 18. No Conveyance or other act made or done subse- 
 
 how^fa^they quently to the execution of a will of any real or personal 
 *eviousf'-''"^ estate therein comprised, except an act by which such will 
 made. ' shall be revoked as before mentioned, shall prevent the 
 operation of the will, with respect to such estate or interest 
 in such real or personal estate, as the testator shall have 
 power to dispose of by will at the time of his death. 
 Wills when to 19. Every will shall be construed, with reference to the 
 eoutorfto'br" '"^al and personal estate comprised in it, to speak and take 
 teatatOT's°*coul ^^^^^ ^^ ^f i* ^^^ been executed immediately before the 
 tracts in oertaiiu death of the testator, unless a contrary intention shall 
 eases. appear by the will. If the testator at the time of his death, 
 
 were liable to perform any contract for the sale and convey- 
 ance of any real or personal estate, the executors of his 
 will shall, notwithstanding any devise or bequest of the real 
 or personal estate to which such contract refers, be deemed 
 trustees thereof so far as may be necessary for performing 
 such contract,, and shall have power to execute the neces- 
 sary conveyances for the performance thereof; and the 
 executors shall hold the purchase money subject to such 
 uses and purposes as may in such will be expressed respect 
 ing such real or personal estate, or such purchase money, 
 or otherwise for the use and benefit of the estate. 
 Lapsed legaoi^eB 20. Unless a contrary intention shall appear by the will, 
 in anyjBsidu- such real estate or interest therein as shall be comprised or 
 ary devise. intended to be comprised in any devise in such will con- 
 tained which shall fail or be void by reason of the death of 
 the devisee in' the life time of the testator, or by reason of 
 the_ devise being contrary to law, or otherwise incapable of 
 taking effect, shall be included in the residuary- devise, if 
 any, contained in such' will. 
 
 Ss'^iw ^^- ^ devise of the land of the testator, or of the land 
 ireai estate in of the testator in any place, or in the occupation of any 
 certain oasea. person mentioned in his will, or otherwise described in a 
 
TITLE SXTX.J TITLE BY WILL. 3g9 
 
 general manner; and any other general devise whicli would Chap. 114. 
 describe a leasehold estate, if the testator had no freehold 
 estate which could be described by it, shall be construed to 
 include the leasehold estate of the testator, or his leasehold 
 estates or any of them to which such description shall 
 extend, as the case may be, as well as freehold estates, 
 unless a contrary intention shall appear by the will. 
 
 22. A general devise or bequest of the real or personal General devi- 
 . estate of the testator, or of the real or personal estate of strued. 
 
 the testator in any place, or in the possession of any person 
 mentioned in his will, or otherwise described in a general 
 manner, shall be construed to include any real or personal 
 estate, or any real or personal estate to which such descrip- 
 tion shall extend, as the case may be, which he may have 
 , power to appoint in any manner he may think proper, and 
 shall operate as an execution of such power, unless a con- 
 trary intention shall appear by the wUl. 
 
 23. Where any real estate shall be devised to any per- Revises of re-av 
 son without any words of limitation, such devise shall be words oriimita- 
 construed to pass the fee simple or other the whole estate st?uea°a3VdeI 
 or interrsst which the testator had power to dispose of by viae of a fee aim- 
 will in such real estate, unless a contrary intention shall 
 
 appear by the will. 
 
 24. In any devise or bequest of real or personal estate, ^fth^TuUe' "n* 
 the words "die without issue," or "die without leaving issue"" &c^ how. 
 issue," or "have no issue," or any other words which may '""'^'"*°'^- 
 import either a want or failure of issue of any person in 
 
 his lifetime, or at the time of his death, or an indefinite 
 failure of his issue, shall be construed to mean a want or 
 failure of issue in the lifetime, or at the time of the death 
 of such person, and not an indefinite failure of his issue, 
 unless a contrary intention shall appear by the will by 
 reason of such person having a prior estate,, or of a pre- 
 ceding gift being, without any implication arising from such 
 . words, a limitation of an estate-tail to such person or issue,, 
 or otherwise. But this chapter shall not extend to cases 
 where such words import if no issue described in a pre- 
 ceding gift, shall be born, or if there shall be no issue who 
 shall live to attain the age, or otherwise answer the descrip- 
 tion required for obtaining a vested estate by a preceding 
 gift to such issue. 
 
 25. Where any real estate shall be devised to any trustee Devise of real 
 or executor, such devise shall be construed to pass the fee ties w°exeo^ 
 simple, or other the whole estate or interest which the tes- Sed^"^ '^"' 
 tator had power to dispose of by will in such real estate, 
 
 unless a definite term af years, absolute or determinable, 
 or an estate of freehold, shall thereby be given to him 
 expressly or by implication. 
 
 26. Where any person to whom any real estate shall be J^^^J^^f^if^gh^fi 
 devised for an estate-tail, or for an estate in quasi entail """gPoe'^/tho 
 shall die in the lifetime of the testator leaving issue, who devises dying 
 
J90 TITLE BY WILL. • [PAET II. 
 
 Chap. 114. would be inheritable under sucb entail if such estate existed 
 before testator, ^^^ ^iny such issue shall be living at the time of the death 
 
 k«™*JBBue"°°*' °-^*''^® *^^*^^*^''"' ^^'^'^ '^^^^^^ ®^*^' °°* lapse but shall take 
 effect as if the death of such person had happened immedi- 
 ately after the death of the testator, unless a contrary inten- 
 tion shall appear by the will. 
 BaTisen to tes- 27. Where any person being a child or other issue of 
 *».°who'dfe"^beI the testator, to whom any real or personal estate shall be 
 ^'(fia^'Siftht^^ devised or bequeathed for any estate or interest not deter- 
 haye left issue minable at or before the death of such person, shall die in 
 '*'"'^' the lifetime of the testator leaving issue, and any such issue 
 
 of such person shall be living at the time of the death of 
 the testator, such devise or bequest shall not lapse, but 
 shall take effect, as if the death of such person had happened 
 immediately after the death nf the testator, unless a con- 
 trary intention shall appear by the will. 
 Penalty for sup- 28. Any person suppressing a will shall forfeit, after the 
 pteaang a w' 1. Yg^^pgQ of the first thirty days, five pounds for every month 
 
 he shall so suppress such will. 
 j>efinition of 29. The words and expressions hereinafter mentioned, 
 ■*""""■ which, in their ordinary signification have a more confined 
 
 or a different meaning, shall, in this chapter, except when 
 the nature of the provision or the context shall exclude 
 such construction, be interpreted as follows, viz : the word 
 "will" shall extend to a codicil and to an appointment by 
 will or by writing in the nature of a will in exercise of a 
 power, and also to a disposition by will and testament or 
 devise of the custody and tuition of any child, and to any 
 other testamentary disposition ; and the words "real estate" 
 shall ' extend to manors, messuages, lands, rents, and here- 
 'ditaments, whether freehold or any other tenure whatsoever 
 and wheresoever, and whether corporeal, incorporeal or 
 personal, and to any undivided share thereof, and to any 
 estate, right or interest, other than a chattel interest, there- 
 in; and the words "personal estate" shall extend to lease- 
 hold estates and other chattels real, and also to monies, 
 shares of government and other stocks or funds, whether 
 in this province or the United Kingdom or elsewhere, to 
 securities for money not being real estates, to debts, rights 
 of action, rights, credits, goods, and all other property what- 
 soever, which by law devolves upon the executor or 
 administrator, and to any share or interest therein. 
 
title xxix. title bt descent. 391 
 
 Chap. 115. 
 CHAPTER 115. 
 
 OP THE DESCENT OP REAL AND PERSONAL ESTATE. 
 
 1. Where any person shall die entitled to any real estate Rule ofdeseent 
 in fee simple or for the life of another, not having devised rea"°Mt™e^ 
 the same, it shall descend to his children in equal shares, J^^^™ ^au^^*"* 
 and in case of the decease of any of his children, to such 
 
 as shall legally represent them, such representatives to take 
 the share of the deceased parent in equal proportions, and 
 if there be no child of the intestate liviag at the time of 
 his death, to his other lineal descendants ; and if all the 
 descendants shall be in the same degree of kindred they 
 shall share the estate equally, otherwise they shall take 
 according to the right of representation. 
 
 2. If the deceased shall leave no issue, one half of his whereiioieayei 
 real estate Shall go to his father, and the other half to his "" '^^"^'^' 
 widow in lieu of dower, and if there be no widow the whole 
 
 shall go to his father. 
 
 3. If he shall leave no issue, nor father, one-half of his real other cases, and 
 estate shall go to the widow, and the other half shall be distri- undred!^'^"^ 
 buted in equal shares to his mother, brothers, and sisters, and 
 
 the children of any deceased brother or sister by right of 
 representation ; and if there be no widow the whole shall go 
 to his mother, brothers, and sisters, and the children of any 
 deceased brother or sister by right of representation ; and 
 where the intestate shall leave no issue, and no widow, 
 father, mother, brother or sister, nor the children of any 
 brother or sister, his estate shall go in equal shares to his 
 next of kin in equal degree, excepting that where there are 
 two or more collateral kindred in equal degree but claiming 
 through diiferent ancestors, those who claim through the 
 nearest ancestor shall be preferred to those claiming 
 through an ancestor who is more remofe, but in no case 
 shall representatives be admitted among collaterals after 
 brother's and sister's children. 
 
 4. If any person shall die leaving several children, or ^u^ein_eaae ef 
 leaving one child and the issue of one or more others, and ooased minor 
 any such surviving child shall die under age, and not having ing "brothera 
 been married, all the estate that came to the deceased child tSerr^lSue^' 
 by inheritance from such deceased parent shall descend in 
 
 equal shares to the other children of the same parent, and 
 to the issue of any such other children who shall have died, 
 by right of representation. 
 
 5. If at the death of such child who^ shall die under age. Method of diri- 
 and not having been married, all t}ie other children of his ulSiir ^^^0- 
 parent shall also be dead, and any of them shall have left '"'"• 
 issue, the estate that came to such child by inheritance from 
 
 his parent shall descend to all the issue of the other children 
 
392 TITLE BY DESCENT. [PAET II.' 
 
 Chap. 115. of the same parent; and if all the issue are in the same 
 degree of kindred to such child they shall have his estate 
 -equally, otherwise they shall take according to the right of 
 representation. 
 Modeofoompu- 6. The degrees of kindred shall be computed according 
 ISfdre^f "" "^ to the rules of the civil law, and the' kindred of the half 
 blood shall inherit equally with those of the whole blood in 
 the same degree. 
 Sh'niwndred 7. If the intestate shall have no kindred, his estate shall 
 toherit"''*'"'" go to the widow to her own use. 
 
 The interest of 8. The interest of a party in lands held in trust for him 
 fandt^^heu in i^ ^6 simple shall descend and shall be chargeable with his 
 HS^' ^??jSt; debts in the same manner as if he had died seized of such 
 
 able with debts. . . 
 
 lands. 
 Rules for distri- 9. The personal estate of any person who shall die with- 
 3o"nai^estate^"f out having bequeathed the same shall be distributed as 
 
 intestates. follows : 
 
 The widow shall be allowed all her paraphernalia, articles 
 of apparel or ornament, according to the degree' and estate 
 of her husband, the apparel of the minor children, and also 
 such provisions and other articles as shall be necessary for 
 the reasonable sustenance of herself and the family under 
 her care for the period of ninety days after the death of 
 her husband ; and, in addition, such provisions and other 
 necessaries for the use of herself and family, as shall be 
 allowed and ordered by the judge of probate, and such 
 allowance shall be made, as well when the widow waives 
 the provision made for her in the will of her husband as 
 when he dies intestate. 
 
 The wearing apparel of the deceased, not exceeding ten 
 pounds in value, shall be distributed at the discretion of 
 the' executor or administrator among the family of the 
 deceased. 
 
 The remaining personal estate, after payment of the 
 , debts of the decea^sed, the charges of his funeral, and the 
 necessary medical and other attendance upon him in his last 
 illness, and the expenses attendant upon the settlement of 
 the estate, shall be distributed, one half to the widow, if 
 any, and the residue among the persons who would be 
 entitled to the real estate, and if there be no widow, then 
 the whole among such persons. 
 Tosthnmous 10. Any child born after the death of the father, there 
 
 pro^d'ed ^tZ being no provision made in his will for such child, shall 
 ha'y"mlde'°''no ^^^^ t^^ ^i^e interest in the real and personal estate of his 
 provision. father as if he had died intestate, and all the devisees and 
 legatees in the will shall abate proportionably their respec- 
 tive devises and bequests, the share of the posthumous 
 child to be set out and assigned by the court of probate so 
 as to affect as little as possible the disposition of the pro- 
 perty made by the testator. 
 
* TITLE XXJX.] TITLE BY DESCENT. 393 
 
 11. Any real or personal estate given by the intestate Chap. 115. 
 as an advancement to any child or grandchild, shall be con- i^dvanoement 
 sidered as a portion of the estate of the intestate, so far as d-'^giou^'and'"' 
 regards the division and distribution of the estate of the distribution, 
 deceased, and shall be taken by such child or grandchild 
 towards his share of the intestate's estate. 
 
 12. If such advancement shall exceed the share of the same subject, 
 child or grandchild, so advanced, he shall be excluded 
 
 from any further portion in the division and distribution 
 of the estate, but he shall not be required to refund 
 any of such advancement ; and if the amount so received 
 shall -be less than his share, he shall be entitled to as much 
 more as will give him his fuU share of the estate of the 
 deceased. 
 
 13. If the advancement be in real estate, the value ^'^^reTTuto 
 thereof shall, for the purposes of the preceding section, be how to be con- 
 considered as part of the real estate to be divided ; and if in guiate1i.*°'^ ^'^ 
 either case it shall exceed the share of real or of personal 
 
 estate respectively that would have come to the child or 
 grandchild, so advanced, he shall not refund any part of it, 
 but shall receive so much less out of the other part of the 
 estate as will make his whole share equal to those of the 
 other heirs who are in the same degree with him. 
 
 14. All gifts and grants shall be deemed to have been what gifts or 
 made in advancement if expressed in the gift or grant to be feid*' advance* 
 so made, or if charged in writing by the intestate as an ™^''''^- 
 advancement, or acknowledged in wtiting, or upon exami- 
 nation before the judge of probate on oath as such, by the 
 
 child or grandchild, and not otherwise. , 
 
 15. If the value of the estate so advanced shall be vaiue if stated 
 expressed in the conveyance, or in the charge or valuation oJnoiuafve.'"'*^ 
 thereof made by the intestate, it shall be considered a% of 
 
 that value in the division and distribution of the estate, 
 otherwise it shall be estimated according to its value when 
 given. 
 
 16. If any child or grandchild so advanced shall die Adranoement 
 before the intestate leaving issue, the advancement shall be g?»ndoh5dren. 
 taken into consideration in the division and distribution of 
 
 the estate, and the amount thereof shall be allowed accord- 
 ingly by the representatives of the child or grandchild so 
 advanced as so much received towards their share of the 
 estate, in like manner as if the advancement had been made 
 directly to them. 
 
 17. Nothing in this chapter contained shall affect the ou?tes7aJd'in 
 title of a husband as tenant by the curtesy nor that of a dower not af- 
 
 ■ j i. J. • J feoted hereby. 
 
 Widow as tenant in dower. 
 
 18. Lands held as dower by the widow shall, after her Lands held to 
 decease, be divided as hereinbefore directed. Lands set off vided.' 
 
 as dower prior to the act of fifth Victoria, chapter twenty 
 two, shall after the decease of the widow, be divided as 
 before the passing of that act. 
 
394 JOINT TENANCY. [PAET II. 
 
 Chap. 116. iq j^h gu^h estate, real or personal, as is not devised 
 Estates not de- in a wiU shall be distributed as if the testator had died 
 
 Tised to be dis- . 
 
 tributed as in- intestate. 
 
 testate. 
 
 TITLE XXX. 
 
 OF TITLES TO REAL PROPERTY BY SPECIAL PROVISIONS 
 OF LAW. 
 
 CHAPTER 116. 
 
 OF JOINT TENANCY AND TENANCY IN COMMON. 
 
 Anestatetotwo 1. Ever}' estate granted or devised to two or more per- 
 2n™M^<feeia"ec[ sons in their own right, shall be a tenancy in common, 
 tenancy" shall unlcss expressly declared to be in joint tenancy ; but every 
 tea tenancy in estate vBstcd in trustecs or executors as such shall be held 
 wben vestedTn by them in joint tenancy. This section shall apply as well 
 telf orexeculto estates already created or vested as estates hereafter 
 •■"rs. to be granted or devised. 
 
 CHAPTER 117. 
 
 OF THE SALE OF LANDS UNDER FOEECLOSUEE OF MOETGAGES. 
 
 In actions for 1. When actions of ejectment by a mortgagee, or actions 
 "'"Stlaged^e'^ ou bonds or notes secured by mortgage, or on any cove- 
 
 am 
 
 .dant may ^^ uant in the mortgage, are brought in the supreme court, 
 and have a re and HO suit touching the Same matter is pending in the 
 oonTeyance. (.Q^J.^ pf chancery, the person having the right of redemp- 
 tion on appearing as defendant, may pay to the plaintiff or 
 bring into court the amount due with costs, and thereupon 
 the court by a rule may compel the plaintiff to re-convey to 
 such defendant the land mortgaged, and deliver up all 
 writings in his custody relating thereto. 
 Proceedings 2. In case such mortgagor, or any one of several of such 
 
 mo?™of'the °^ mortgagors, be an absent or absconding debtor, a declaration 
 mortgagors ab- \^ eicctment or other process may be served upon the ten- 
 sent may be as •'.„ . • r ii I T 1 X u 
 in cases of ab- ant, it any, in possession oi the lands, and upon any oi such 
 sent debtors, 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, 
 
TITLE XXX. J SALES OP LAND UNDER FOEECLOSUEE. 395 
 
 and such service if made the usual time limited by law for Chap. 117. 
 service of process shall be sufficient to give jurisdiction to 
 the court, and the plaintiff may proceed to final judgment and 
 sale of the lands as hereinafter mentioned ; but before such 
 declaration shall be served the same affidavit shall be made 
 and filed in the ofiice of the prothonotary of the county 
 where the declaration is returnable, as is necessary in ordi- 
 nary cases of proceeding against absent or absconding 
 debtors. In cases under this section it shall not be neces- 
 sary to wait two terms before going to trial as in other 
 cases against absent or absconding debtors. . 
 
 3. In case any persons beside the mortgagor are inte-N^t'oo tobegi- 
 rested in the lands who would require to be made defend- uesas1n°ciian- 
 ants, if proceedings were had in chancery, then, in addition SndLn'te^ ^^ 
 to the service of process upon the defendant, or proceed- 
 ings in the second section mentioned where he is an absent 
 
 or absconding debtor, a notice in writing shall be served on 
 all such persons, their attornies or agents, specifying the 
 proceedings that have been or are about to be taken, and 
 requiring them to appear at the supreme court to protect 
 their interests; which notice shall be served the same 
 length of time as is required in notices of trial. 
 
 4. In case the defendant shall neglect to pay the amount Saie of mortga 
 found due to the plaintiff by the court, with costs, the court ^^ i"'''™'^"^- 
 may order the lands mortgaged to be advertised by hand- 
 bills in the county for at least thirty days, and thereafter to 
 
 be sold at public auction by the sheriff of the county 
 wherein the lands lie. 
 
 5. In case the defendant shall be an absent or absconding Ee-hearing pro- 
 debtor, he shall be entitled to a re-hearing at any time fendaiJt is an 
 within three years after judgment ; and the plaintiff, upon ^^^^'^^ '^®''""'- 
 obtaining a rule for the sale of the mortgaged lands, sjjall 
 
 give security for the re-payment of the sums levied, if judg- 
 ment should be reversed on such re-hearing. 
 
 6. The deed shall be ejtecuted and delivered by the ?'"=^^'^J' ^^^^ 
 sheriff to the purchaser, and shall be taken as presumptive recorded' shall 
 evidence of the requisitions of this chapter having been ^go% "right ; 
 complied with, and on being recorded in the books of regis- "^A °^„,??f,?f 
 
 n ■ I'll! IT iTiT rf • 1 ^^^^ may issue. 
 
 try for the county m which the lands he, shall be sufncient 
 to convey all the estate and interest of the mortgagor in 
 the lands therein described, and the court may award a writ 
 of possession upon judgment being had. 
 
 7. The sheriff shall, out of the proceeds of the sale, pay Proceeds of sale 
 to the plaintiff the sum due to him, and shall pay over the ^"'^ *pp^'®''- 
 residue, if any, to such person as the court shall direct. 
 
 8. The supreme court shall have the same powers as powers of sn- 
 are possessed by the court of chancery, in reference to the pJ?^^ equities" 
 proceedings in such suits, and for the equitable adjustment &o. 
 
 of the rights of the different parties interested. 
 
396 sales of land under execution. [paet n. 
 
 Chap. 118. 
 
 CHAPTER 118. 
 
 OF THE SALE OF LANDS TO SATISFY EXECUTION DEBTS. 
 
 Judgments to . 1. Judgments recovered in the supreme court shall bind 
 soSn as*?eoord° ^^^ ^^^^ estate of the debtor from the time such judgment 
 *"^t b"^' i**d ^^^^^ ^^ recorded in the books of registry for the county 
 till after one or district wherein such real estate is situate ; but no lands 
 ^^^^' shall be levied upon until one year after such registry. 
 
 A beneficial in- 2. The interest of the party beneficially interested in 
 held i™ trust lauds held in trust for him, may be taken in execution for 
 wfecution^^"^'" ^^^ payment of his debts in the same manner as if he were 
 
 seized or possessed of such lands. 
 Executions as 3. Execution as against lands may issue at any time 
 nwlssue with- withiu five years from the signing of the judgment, without 
 in five years, g, scire /acios or leave of the court. 
 
 b^l.evi'ed'upon ^- "^^^ plaiutifi' may order execution to be levied on the; 
 a part or the wholc Or any portion of the real estate lying within such 
 
 lands as plain- COUnty Or district. 
 
 tiff shall .lirect. 5_ Where a judgment has been so registered for the 
 
 Subsequent -ly ^ ^ in i ji i 
 
 judgment credi- period 01 One year, and no levy has been made on the real 
 quke prior ^^' estate bound thereby, any judgment creditor whose judg- 
 ^fcor^o'iey"^'^'" ^^^^ ^^^ been subsequently registered, may, by a written 
 notice, require the prior judgment creditor to levy on the 
 real estate within three months. 
 In case of^ne- 6. If the prior judgment creditor shall not levy, the 
 quent creditor party giving the notice shall acquire a preference over the 
 prefereMe!''^ * judgment creditor to whom such notice had been given. 
 Lands to be le- '''• The sheriff upon receiving such execution, shall, at 
 out*^ "apprlise." *^® expiration of the one year, levy on such lands without 
 ment and ad- appraisement, and shall cause to be inserted, for thirty days 
 daysT content^ next preceding the day of sale, in the royal gazette news- 
 meats!^'^''*^" P^per, and also, except in the county of Halifax, in any 
 newspaper which may be published in the county or dis- 
 trict wherein the lands are situate, an advertisement con- 
 taining a description of the lands directed to be levied on, 
 stating that such lands have been taken in execution at the 
 suit of the plaintiff against the defendant, the time and 
 place fixed for such sale, and having appended thereto the 
 name of the sheriff and the attorney of the plaintiff. 
 Copies of adver- 8. The sheriff after causing copies of such advertise- 
 post^r'twenty ™®"* ^° ^0 postcd up in the most public places of the town- 
 the hi hestbid" ^^^P °^ settlement wherein the lands lie, for at least twenty 
 der. '^ ^" ' ' days previous to the time appointed for the sale, shall pro- 
 ceed to sell the same by public auction to the highest bidder. 
 Defendantmay, 9. If the defendant, by notice in writing delivered to the 
 t^e.Sif any sheriff at least ten days previously to the sale, require that 
 6on uTbe S?st certain portions of the land so advertised be first sold, the 
 sold. sheriff shall cause the same to be first put up for sale, and 
 
TITLE S2XI.] COPYRIGHT. ■ 39-7 
 
 if a sufScient sum should be realized therefrom to satisfy Chap. 119. 
 the execution, interest, and expenses, no other part of such 
 lands shall be sold, otherwise he shall proceed with the 
 sale of the remainder. 
 
 10. The sheriff shall deliver t6 the purchaser a deed of sheriff's deed-, 
 such lands, which shall be sufficient to convey to the pur- and°^ect.'°'' 
 chaser all the interest of the defendant in the lands therein 
 described, subject to prior incumbrances. 
 
 11. The sheriff's deed shall be presumptive evidence of ^"^^^ p™™™p-j. 
 the defendent's title having been thereby conveyed to the conveyance of 
 
 , o J J defendant's ti- 
 
 purchaser. tie. 
 
 12. Where the lands so conveyed shall be in the posses- whereiandsare 
 sion of the tenants of the defendant, the purchaser shall a" ?e°pan?'the° 
 become the landlord, and shall have the like rights and geoome'Thf "^^ 
 'remedies against the tenant as the defendant would have landlord. 
 had, and shall be entitled to all rents accruing after such 
 purchase. 
 
 13. Where the sum realized by such sale shall be more Any surplus 
 than sufficient to satisfy the execution and necessary Soti™ of the 
 expenses attendant on such levy and sale, and interest on|^^°°ggf to™o 
 the amount of the judgment from the date thereof, the P*'''t''\'if j- 
 surplus shall be retained by the sheriff, to be paid to such rect. 
 person as may be directed by an order of the supreme 
 
 court, or any judge thereof. 
 
 14. Titles to land made by any sheriff previous to the special proTisi- 
 tenth day of April, one thousand eight hundred and forty- to \mcs^'mad8 
 one, shall not be invalidated by any irregularity or defect preTiousiy to 
 in the proceedings prescribed by statute for the sale of real 
 
 estate, provided- the party shall have been in possession of " 
 
 the land one year at least before such date, and shall have 
 paid the purchase money to the sheriff. 
 
 TITLE XXXI. 
 
 OF COPYRIGHTS AND PATENTS. 
 
 CHAPTER 119. 
 
 OP THE LAW OF COPYEIGHT. 
 
 1- The author of any map, chart, or book printed, or of Coi^yrilhta^o' 
 any print engraved within this province, who has not trans- secured! 
 ferred the copyright thereof, and any other person who has 
 legally acquired the coffj^right 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 
 
398 . COPYRIGHT. [PART n. 
 
 Chap. 119. term of twenty-one years from the recording the title or 
 ■" ' the entry thereof in the oiEce of the secretary of the pro- 
 
 vince ; and the author of any map, chart, book or print, not 
 published within the province, his executors, administrators 
 or assigns, shall have the sole right of publishing such map, 
 chart, book or print, for the like term ; and if at the expi- 
 ration of such term, the author of any such map, chart, 
 book or print, shall be living, the same right shall be con- 
 tinued to him for the further period of fourteen years ; but 
 he shall cause the title thereof to be a second time recorded 
 and piiblished, within six months before the expiration of 
 the first term of twenty one years ; and no person shall be 
 entitled to any right hereunder unless he shall be resi- 
 dent within the province at the time of his application 
 therefor. 
 Penalties for in- 2. If any Other porson, after the recording of the title 
 righta°V°°im" of any map, chart or book, and publishing the same, within 
 portation. ^]jq times limited, shall print or import from any other 
 country copies of such map, chart or book, without the 
 consent of the author and proprietor thereof fitst had in 
 writing signed in the presence of two witnesses, or expose 
 to sale any such copy of such map, chart or book, such 
 offender shall forfeit all copies of such map, chart or book, 
 and all sheets, being part of the same, to the author and pro- 
 prietor thereof, who shall forthwith destroy the same; and 
 every such offender shall forfeit not less than one nor more 
 than five shillings for every sheet found in his possession, 
 to whosoever will sue for the same. 
 Penalties for in- 3. If after the recording the title, and entering of any 
 rishfs°fyimita priut, any persou whosoever sh^l engrave, etch or work, or 
 t!?u or otiier- in any manner copy or sell, in the whole or in part, by copy- 
 ing, varying, 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, re-printed or im- 
 ported, without the consent of the proprietor, shall pubhsh, 
 sell, or expose the same to sale, such offender shall forfeit 
 the plates on which such print shall be copied, and all sheets 
 of such print, and all parts thereof, to the proprietor of the 
 original print, who shall forthwith destroy the same ; and 
 such offender shall forfeit the sum of twenty shillings 
 for every print found in his custody, either printed, pub- 
 lished, or exposed to sale, or otherwise disposed of, to 
 whosoever will sue for the same. 
 A printed oopy 4. No persou shall be entitled -to benefit under these 
 ^^iSeied'^n P^°"^i^^°°^ i^ ^^^^^ wherc any map, chart, book or print, 
 'ee^re&™^s°''of ^®®° already published, unless a printed copy of the 
 
 fioe before pub- title of the Same shall, before publication, be deposited in 
 iioatiou. ^i^Q secretary's office, who shall record the same in a book 
 
 kept by him for that purpose, in the words following, and 
 
TITLE XXXI.] COPYEIGHT. 399 
 
 give a copy thereof under his hand, to the author or pro- Chap. 119. 
 prietor, 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,J the copyright whereof he claims in the 
 words following : [here insert the title,] in conformity with 
 chapter one hundred and nineteen of the revised statutes. 
 
 C. D., provincial secretary." 
 
 For which certificate the secretary shall receive five shil- 
 Imgs, and five shillings for every copy, and the author or 
 proprietor shall cause a copy of such record to be inserted 
 in full length in the title page, or in the page following the 
 title page of siich 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 copy- Penalty for uio. 
 right, shall print or publish any map, chart, book or print. In entrj'ls 'r£ 
 and shall insert therein or impress thereon, that the same s'sterod. 
 
 has been entered according to law, or words purporting the 
 same, he shall forfeit one hundred pounds, to be applied as 
 hereinafter directed. 
 
 6. Actions under this chapter shall be commenced with- Limitation of 
 in three years from the time when the cause of action 
 accrued. 
 
 7. Any person printing or publishing any manuscript, Printing or pub- 
 without the consent of the author or proprietor thereof if scrip"/ without 
 resident in this province,. shall be liable to such author or ^Jj^gl^j''"^'^^;^^, 
 proprietor for all damage occasioned thereby, to be reco- able, 
 vered by a special action on the case. 
 
 8. The proprietor of any map, chart, book, or print, en- Proprietars of 
 titled to the rights and privileges hereby conferred, shall, required to fur- 
 within six months from the publication thereof, deposit one "hi legislative 
 copy thereof in the library of the legislative council, and i't>rariea. 
 one copy in that of the house of assembly. 
 
 9. AH books shall be admitted into this province duty bi\^°orfedd*/ 
 free, except re-prints of books the copyright whereof is pro- ty free except 
 'tected by the acts of the imperial parliament. boqkfprqteotod 
 
 10., On the importation of any reprint of books, bound ^^^p™'*!'"''* 
 or in covers, the copyright' of which is protected by the acts o" books ^pro- 
 of the imperial parliament, there shall be paid an advalorem peril'iacte.hc^ 
 duty of twenty per cent., but this duty shall not extend to remitted to tho 
 newspapers or other regular periodicals containing extracts 
 only from such books. The duty when collected shall be 
 paid into the treasury and remitted by the governor to the 
 commissioners of customs at London, with a detailed account 
 thereof, once a year, that the same may be paid to the regis- 
 tered proprietor of the copyright of the books respectively; 
 
400 PATENTS. [PART'B. 
 
 ■Chap. 120. such reprints, however, shall not be liable to duty unless the 
 " originals shall have been registered according to the pro- 
 visions of the imperial act passed in the fifth and sixth 
 years of her majesty's reign, intituled "an act to amend the 
 law of copyright." 
 Tine for impro- H. Any person who shall import or bring into the pro- 
 Fna^seiunlTor vince for Sale, use or hire, any reprints hereby made liable to 
 «-prin?s"'tow duty without paying the same, or shall knowingly sell,- pub- 
 ■recovereA, how ligh or exposc to Sale, or let to hire, or have in his posses- 
 l^Fnuioilttei, sion any such reprint, shall be liable to a penalty of five 
 ^"^ pounds and double the value of every copy of such reprint, 
 
 which may be sued for before two justices of the peace as 
 as an ordinary debt, two pounds thereof to go to the officer 
 who shall sue for the same, and the remainder to be paid 
 into the treasury and remitted for the registered proprietor 
 of the copyright; and every reprint imported contrary to 
 these provisions shall be forfeited and sold, and one half of 
 the proceeds thereof shall be paid into the treasury to the 
 use of the registered proprietor, and the other to the seiz- 
 ing officer. 
 Beprinta im- 12. Each reprint on its importation shall be stamped by 
 ftom^ad!" ^^ the officer before whom the entry is made, and the form of 
 the stamp shall be furnished by the receiver general to the 
 several outports if required. 
 
 CHAPTEK 120. 
 
 OP PATENTS FOR USEFUL INVENTIONS. 
 
 Letters patent 1. Whenever any pcrson resident in the province,andwho 
 wh"m'to be" Ob- shall have resided therein for the period of one year, or any 
 tained. British subject, who shall have been an inhabitant of Canada, 
 
 New Brunswick, Prince Edward Island, or Newfoundland, 
 for the space of one year previous 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 
 theretofore known or used, and pray that a patent may be 
 granted him for the same, the governor may direct letters 
 patent to be issued, reciting therein the allegations of such 
 petition and giving a short description of such invention, 
 and shall thereupon grant to the person so applying for the 
 same and his representatives, for a term not exceeding four- 
 teen years, the exclusive right of making, using and vend- 
 ing 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. 
 
TITLE XXXI.] PATENTS. 401 
 
 2. Where any letters patent shall be obtained by any Ghap. 120. 
 person for any such invention, and thereafter any other p^ntees ofim- 
 person shall discover any improvement in the principle or Fo^ments not 
 process of any such invention, and shall obtain letters patent ginaTinTm-"' 
 for the exclusive right of such improvement, the person pat'entee"n^it tJ 
 who shall obtain such new patent shall not make, use, or "*" ^i}" ™- , 
 
 1 11 • • 1 ■ ,■ , 11 ,1 . . , ' ' proTed pateot. 
 
 vend the origmal mvention, nor shall the original patentee 
 make, use, or vend any such improvement. 
 
 3. The simple change of the form or proportions of any changes of form 
 machine or composition of matter shall not be deemed anot^Sed'Tn 
 discovery or improvement within the meaning of this improvement. 
 ■chapter. 
 
 4. Persons applying for letters patent, on delivering in Fees on patents. 
 their petition, shall pay into the secretary's ofEce twenty 
 shillings, to be applied as other fees payable therein. 
 
 5. Any person may receive from the secretary's office copies of letters 
 any copy of such letters patent, or of the petition whereon Srawlng^" how 
 the same were granted, or of any paper or drawing con-®''"'''^*^'"''- 
 nected therewith, on paying six pence a folio, and a reason- 
 able fee for every copy of such drawings. 
 
 6. Before any person shall obtain any letters patent he to*r'''to'''a''Mif" 
 shall make oath in writing that he verily believes that he is letterspatent?^ 
 the true inventor or discoverer of the art, machine, or com- 
 position of matter, or improvement, for which he solicits 
 
 letters patent, and that such invention or discovery has not 
 been known in this province or in any other country; which 
 oath shall be delivered in with the petition for such letters 
 patent. 
 
 7. The affidavit may be sworn by the person making ^*^J|^ i^^^ 
 such application before any judge of the province or colony lony where ap- 
 in which such person shall reside. piwant resides. 
 
 8. Before any person shall obtain any letters patent he J^x^pianatS 
 shall deliver into the secretary's office an intelligible and and models to 
 
 xi -J.- r !• j_- jrj.1 r^^ deposited in 
 
 exact description oi such invention, and oi the manner ot the provincial 
 using, or process of compounding the same, so as to enable fioe"*'^'^'^ °^' 
 any person skilled in the science of which it is a branch, to 
 make and use the same; and in case of any machine, shall 
 
 . deliver a model, and explain the 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 ingredi- 
 dients sufficient for the purpose of experiment where the in- 
 vention is a composition 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 concerning such letters patent may 
 come in question ; but the governor may, upon special 
 grounds being shewn, dispense with the delivery of the 
 model at the secretary's office if he shall deem it right to 
 do so. 
 
402 
 
 FRAUDS AND PERJUEIE3. 
 
 [part n. 
 
 Chap. 121. 
 
 Patentee's 
 rights may he 
 assigucd ; as- 
 signments to be 
 recorded. 
 
 Actions for ille- 
 gally using or 
 lolling a patent 
 
 Defence how 
 pleaded, and 
 wijiatLmay be 
 given in evi- 
 oence. 
 
 9. Any patentee may assign all his right in such inven- 
 tion and discovery to any person ; and the assignee thereof, 
 having recorded such assignment in . the secretary's oifice, 
 shall stand 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 original patentee. 
 
 10. Whenever any letters patent shall be granted to any 
 person, and any other person, without the consent of the 
 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 
 oifending shall be answerable to him or his representatives 
 in damages. 
 
 11. The defendant in such action may give this chap- 
 ter and every special matter in evidence to prove that the 
 specification filed by the patentee does not contain the 
 whole truth relative to the invention or discovery alleged 
 to have been made by him, or contains more than is neces- 
 sary to produce 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 
 bad been in use or had been described in some public work 
 anterior to the supposed invention or discovery of such 
 patentee, or that such patentee had surreptitiously obtained 
 such letters patent for the invention or discovery of some 
 other person, in either of which cases, upon proof thereof, 
 the verdict shall be found and judgment entered thereon 
 for the defendant with costs, and such letters patent, by the 
 court, shall thereupon be adjudged void. 
 
 TITLE XXXIL 
 
 CHAPTER 121. 
 
 OF THE PKEVENTION OF FRAUDS AND PERJURIES. 
 
 peases. and es- , 1. All leascs, estates, or other interests in land not put 
 
 not'ln'^ritiSgl in Writing and signed by the parties creating or making the, 
 
 wilt ewept as ^^^^^J °r t'^^ir agents thereunto authorized by writing, shall 
 
 threc'^ears"^^'^ ^^^^ *^^^ ^°^'^^ °^ leascs or estates at will only, except leases 
 
 rec years. ^^^ exceeding the term of three years from the making 
 
 thereof whereupon the re^t reserved shall amount to two 
 
 thirds at least of the annual value of the lands demised. 
 
TITLE XXXIII.] MAEKIAGE AKD ITS SOLEMNIZATION. 403 
 
 2. No interest in land shall be assigned, granted or sur- Chap. 122. 
 rendered, except by act and operation of law, unless it be interest in 
 by deed or note in writing, signed by the party assigning-, i^nds assisna- 
 
 •' ,. J • iU 1, 1 • J. ii We only by deed 
 
 granting or surrendering the same, or by his agent there- or note in m-u 
 unto authorized by writing. '™^' 
 
 3. No action shall be brought whereby to charge any Previous con- 
 executor or administrator upon any special promise to a^eements 
 answer damages out of his own estate, or whereby to tob^jn'^wntfng 
 oharare a defendant upon any. special promise to answer for f?<i signed hy 
 
 ii, J 1 i. J r ij. ^ . •' .^ f: ,i tlio party 
 
 the. debt, deiault or miscarriage oi another person, or chargeable. 
 whereby to charge any person upon any agreement made 
 upon consideration of marriage, or upon any contract or 
 sale of lauds or any interest therein, or upon any agreement 
 that is not to be performed within the space of one year 
 from the making thereof, unless the agreement upon which 
 the action shall be brought, or some memorandum or note 
 thereof shall be in writing, signed by the party to be 
 charged therewith, or some other person authorized by him. 
 
 4. No contract for the sale of any goods for the price contracts for 
 of ten pounds or upwards shall be good, except the buyer founds not va" 
 accept part of the goods so sold and actually receive the buye'i^iooept'a 
 same, or give something in earnest to bind the bargain or I'g^'^f^ey'^or'a 
 in part of payment, or that some note or memorandum in note in writing 
 writing of the bargain be made and signed by the parties ^ ^^"^ ' 
 
 to be charged by such contract, or by their agents there- 
 unto authorized. 
 
 5. No dejjjaration or creation of a trust in lands shall andCT^eatSms of. 
 be valid unless it shall be in writing, signed by the party trust in lands to 
 entitled to declare or create the trust, or by his last will ; impUed and^re- 
 but this provision shall not extend to any trusts in lands Soepfed™^'^ 
 arising or resulting by implication or construction of law, 
 
 or which may be transferred or extinguished by act or 
 operation of law. 
 
 6. No grant or assignment of any trust shall be valid ^u^f J^™e i^n 
 unless it shall be in writing, signed by the party granting writing.. 
 
 or assigning the same, or by his last will. 
 
 TITLE XXXIII. 
 
 OF THE DOiMESTIC RELATIONS. 
 
 CHAPTER 122. 
 
 OP MAEIflAGE AND THE SOLEMNIZATION THEREOF. 
 
 1. Every duly ordained minister of any body of christians Every resident 
 
 . T , .•'.T . Ti ■ • 1 • • • IT. ordained offloia- 
 
 resident withm this province, engaged in missionary labors,, ting minister 
 or officiating for any congregation of christians, may sefem- m^riag^™** 
 26 ■ 
 
404 EEGISTET OP BIETHS, ETC. [PART II, 
 
 Chap. 123. nize marriage by license, although he should not be the 
 settled minister of a congregation ; and every duly ordained 
 minister of any , congregation of christians may solemnize 
 marriage by publication of bans or by license. 
 
 License to issue 2. The govemor may direct marriage licenses to such 
 
 as heretofore. jQijjjg|.gj.g ;„ ^jjg forms and with the bonds heretofore used, 
 and authorizing them to solemnize marriages between per- 
 sons on whose behalf such license shall be required without 
 publication of bans, according to the rites of the church to 
 which the minister shall belong. 
 
 Penalty for so- 3. j^^nv person who shall oflSciate in the solemnization 
 
 lemnlzine mar- „ •''. , j.- r i • ini 
 
 riage without 01 any marriage, unless notice ot sucij marriage shall have 
 
 ^ana or'iicense. been previously given publicly during the time of divine 
 
 service at three several meetings at a place of public 
 
 worship on two or more Sundays in the place or places 
 
 where the parties or one of them shall reside, or unless a 
 
 license shall have been obtained under the hand and seal of 
 
 the governor, shall forfeit fifty pounds. 
 
 Penalty for mi- i. The officiating minister of any congregation at the 
 
 Ttopubiihbanf place where either of the parties desiring to be married 
 
 shall reside, who shall refuse or neglect to give such notice 
 
 after having been requested to do so, shall forfeit fifty 
 
 pounds, and shall be liable to an action for damages at the 
 
 suit of either of the parties aggrieved, unless in cases 
 
 where compliance would be inconsistent with the rules and 
 
 discipline of the church or congregation to which such 
 
 parties shall respectively belong. 
 
 •Penalties when 5. The penalties imposed by this chapter shall, when 
 
 pSdlntotofi'* recovered, be paid into the treasury for the use of the 
 
 treasury. province. 
 
 CHAPTER 123. 
 
 OP THE EEGISTEY OP BIETHS, MARRIAGES AND DEATHS. 
 
 Registry of, 1. Every person who may baptize, marry, or perform 
 gea and™ieath^ ^^& burial scrvics, shall keep a registry, shewing the names 
 how^keS-Te^- ^^^ ^S^^ °^ ^^^ pcrsons whom he shall have baptized and 
 turns to whom married, or who have been born, or who have died within 
 and how ma e, j^^^ ^^^.^ ^^ belonging to his Congregation ; a return of , 
 which, in duplicate, under his hand, shall be by him for- 
 warded to the clerk of the peace in the county where he 
 shall reside or officiate at the time, within ten days after 
 the first day of January in every year ; one of which returns 
 shall be filed in the ofiice of the clerk of the peace as a 
 public record, and the other shall be transmitted by the 
 clerk of the peace to the board of registration and statistics 
 alt Halifax. Parents, in case their children shall not be 
 
TITLE XXXIII.] GUARDIANS AND WARDS. 405 
 
 baptized within one year after their birth, shall 'within that Chap. 124. 
 
 period give notice to the town clerk, who shall keep a 
 
 register of such birth similar to that required to be kept 
 by persons who may baptize, and shall make returns thereof 
 to the clerk of the peace, at the times and in the manner 
 
 ' hereinbefore pi-escribed. 
 
 2. Any person neglecting to keep the register, or to Knesfome- 
 make the returns as required by this chapter, and any clerk ^ ^°' "^ *'"*^" 
 
 ■ of the peace neglecting to transmit such return as herein 
 directed, shall for each offence forfeit five pounds. 
 
 CHAPTER 124, 
 
 OF GUARDIANS AND WARDS. 
 
 1. The father of unmarried children under the age of Guardians may 
 twenty-one years may by any instrument in writing, execu- the'Eerf^^'*^ 
 ted in the pi;esence of two witnesses, dispose of the custody 
 and tuition of such children, or of any child who at the 
 time of his father's death may be unborn, so long as they 
 shall 'respectively remain under the age of twenty-one 
 years, or for any shorter period ; and the father may make 
 such disposition, though he be not himself of the. age of 
 twenty-one years, 
 
 ' 2. Judges of probate may appoint guardians to minors cfuardians 
 where none have been appointed by the father, the next of a^oint"ed''by 
 kin to be appointed if any of them^ shall apply, unless on Q|« "f p"^" 
 special cause shewn the judge of probate shall decide to 
 the contrary, otherwise such person as the judge shall 
 think proper ; but if the minor be of the age of fourteen 
 years, or having had a guardian appointed by the judge of 
 probate shall arrive at the age of fourteen years, he may 
 appoint his own guardian, and such appointment shall be 
 confirmed by the judge of probate, on the guardian giving 
 the security hereinafter specified. 
 
 3. All guardians appointed under the provisions of this Power pf guar- 
 chapter shall have the exclusive control of their wards, and '*"-' 
 
 Ti?ay maintain actions against any person who shall take 
 them away or detain them, and shall recover damages for 
 their benefit. They may take possession of all their pro- 
 perty, real and personal, receive the rents and profits 
 thereof, and manage the same during the period of their 
 guardianship, an3 may maintain all actions at law or in 
 equity in relation thereto as such children could do if of 
 fuU age. 
 
 4. Every guardian appointed by the judge of probate, Bog^o^begj. 
 or nominated by the minor and confirmed by him, shall, iWm- 
 
406 MASTEES, APPEENTICES AND SEETANT8. [PART II. 
 
 Chap. 125. previous to the letters of guardianship being issued, file in 
 ~~ the probate court a bond, with two sureties to be approved 
 
 of by the judge, and to be taken in his name, with a con- 
 dition that he will faithfully manage and dispose to the best 
 advantage of the property of the minor committed to his 
 care, that he will not commit waste thereon, and will render 
 a just account thereof to the court of probate when re- 
 quired, and to the ward when he shall come of age. 
 Letters how ap 5. No letters of guardianship shall be granted by any 
 when granted, judge of probate Unless application therefor be made by 
 the minor or some near relation of his, or by the executors 
 or administrators of an estate in which the minor is 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. 
 Ajprenttce-^^ 6. The provisions of this chapter shall not affect any 
 upon not afleot- apprenticeship which may legally have been entered into 
 e hereby. ^^ ^^ ^^ behalf of any minor, or by any overseers or com- 
 missioners of tjbe poor. 
 
 CHAPTER 125. 
 
 OF MASTEES, APPEENTICES AND SERVANTS. 
 
 Minors may be 1. All children under the age of fourteen years may 
 p?ent^cesorse?- ^0 bound as apprentices or servants until that age, and all 
 rants. minors above the age of fourteen years, may be bound as 
 
 apprentices or servants; females to the age of eighteen 
 years or to the time of their marriage within that age, and 
 males to the age of twenty-one years, in the manner pre- 
 scribed in this chapter. 
 UBd«r fourteen 2. Children under the age of fourteen years may be 
 ?ounl''°^ 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. 
 Abovefonrteen, 3. Miuors above the age of fourteen years may be bound 
 how bound. ^^ ^j^g 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. 
 Indenture to be 4. No mimor shall be bound otherwise than by an inden- 
 seaild and**c'er- ^^^^ of two parts. Sealed and delivered by both parties ; 
 tified in certain 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. 
 
TITLE XXSm.J MASTERS, APPRENTICES ANQ SERVANTS. 407 
 
 5. One part of the indenture shall be kept for the use Ohap. 125. 
 of the minor by his parent or guardian when executed by custody of mi- 
 them respectively, and when made with the approbation of """^'^ p"'- 
 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 overseers of, 
 or servants, the minor children of any poor person, who has out ps^per'mt 
 become chargeable to the district, as having a lawful settle- °°''^- 
 
 ment therein, or who is supported there in whole or in part 
 at the charge of the district ; and also all minor children, 
 who are themselves chargeable to the district as having a 
 lawful settlement therein, or as poor persons supported by 
 the district. 
 
 7. Such children whether under or above the age of ^jp™^ "[ °°°- 
 fourteen years may be bound, females to the age of eighteen ture, 
 year, 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 Minors how 
 an indenture of two parts, sealed and delivered by the over- geeS. ^''''^^' 
 seers 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 Money, Aojiaid 
 allowed by the master upon any contract of service or master°to%efor 
 apprenticeship made in pursuance of this chapter, shall be *''® apprentice, 
 paid or secured to the sole use of the minor thereby 
 
 bound. 
 
 10. Parents and guardians, and overseers, shall inquire Dutyofparents, 
 into the treatment of all children bound by them respec- ^0^^^°! rt"'^ 
 tively, or with their approbation, and of all who shall have g|°*b"lnd out. 
 been bound by their predecessors in office, and defend them 
 
 from all cruelty, neglect, and breach of contract, on the part 
 of their masters. 
 
 .11. In case of any misconduct or neglect of the master. Proceedings for 
 a complaint may be made in writing by the parents, guar- SSter. "° 
 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 having 
 duly notified the master, shall proceed to hear and deter- 
 mine the same. 
 
 12. After a full hearing of the parties, or of the com- Hearing, and 
 plaiaants alone, if the master shall neglect to appear, the K^o^aji'ord 
 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. 
 
408 MASTERS, APPRENTICES AND SERVANTS. [PAET 11. 
 
 Chap. 125. 13. If the complaint shall not be maintained, the justices 
 Froceedinga shall award costs for the master against the complainants, 
 plaint S'Ss- ^^^ ^^^^^ issue execution accordingly, excepting, that in 
 missed. case of such a complaint by overseers, the justices shall not 
 
 award costs against them, unless it shall appear that the 
 complaint was made without reasonable cause. 
 Appeal for per 14. _A^ny person feeling himself aggrieved by the order 
 
 sons aggneved. „ • i- ^ ,i ji t j.- 
 
 01 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 determined 
 in the same manner as in civil suits. 
 Apprentice ab- 15. If any apprentice or servant bound, as in this chap- 
 guiity of mis- tcr, shall Unlawfully depart from the service of his master, 
 punished''*"' Or shall be guilty of any gross misbehaviour, or refusal to 
 do his duty, or wilful neglect thereof, any justice of the 
 peace, upon complaint on oath made to him by the master, 
 or by any one on his behalf, may issue his warrant to appre- 
 hend 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 xxxiv.] supreme court. / \ 409 
 
 Chap. 126. 
 
 PART III. 
 
 OF CODRTS AND JUDICIAL OPnCERS, AND PROCEEDINGS 
 
 IN SPECIAL CASES. .- ,,f-^ <^- -»3 
 
 /ff4 *^. J/ 
 
 TITLE XXXIY. 
 
 OF COURTS AND JUDICIAL OFFICERS. 
 
 CHAPTER 126. 
 
 OP THE SUPREME COURT AND ITS OFFICERS. 
 
 1. The supreme court shall have within this province Powers of the 
 the same powers as are exercised by the courts of queen's '"p™™« """'''• 
 bench, common pleas, and exchequer in England. 
 
 2. The terms and sittings of such court at Halifax shall be commencement 
 held as follows, that is to say : There shall be two terms of terms"''^ 
 such court at Halifax annually — one to commence on the 
 
 third Tuesday of July, and to continue for two weeks, if 
 the business of the court shall require such continuance ; 
 and the other to commence on the first ICuesday of Decem- 
 ber, and to continue for four weeks, if the business of the 
 court shall require such continuance ; and the court is Extension, 
 authorized to extend each of such terms for a further period 
 of three days, if they shall see fit so to do ; and there shall ?!'""^'!''?™:d 
 
 1 i -ii- n ,-1 , I TT Tf 11 menoement and 
 
 be two sittings ot the supreme court at Halilax annually ; duration of. 
 one to commence on the last Tuesday of October, and to 
 continue for four weeks, if business shall require such con- 
 tinuance ; and the other to commence on the fourth Tues- 
 day of April, and to continue for three weeks if the business 
 of the court shall require such continuance ; and the court Extension. 
 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 pro- 
 tracted beyond the periods now provided. 
 
 3. The grand jury shall attend at the sittings and shall Grandar^petit 
 not be required to attend at the terms of such court ; and iSof.. 
 
 all jurors required to attend such sittings shall be subject 
 to the penalties for non-attendance now by law estab- 
 lished. 
 
410 ' SUPEBME COURT. [PART in. 
 
 Chap. 126. 4. The supreme court shall sit twice a year in the other 
 Sittings in other couuties at the times and places following, viz : 
 
 counties, wlien 
 
 '^'"■*'=- LUNENBURG. 
 
 At Lunenburg on the fourth Tuesday of April, and on 
 the third Tuesday of October. 
 
 QUEENS. 
 
 At Liverpool on the Tuesday after the fourth Tuesday of 
 April and second Tuesday of October. 
 
 SHELBURNE. 
 
 f <^- n At Shelburne on the second Wediiesday after the fourth 
 
 ' Tuesdav of April, and on the second Wednesday after the 
 
 last Tuesday of September. /'■':7.^'^ ^^^^ 
 
 At Barrington on the third Wednesday after the fourth 
 
 Tuesday of April. 
 
 YARMOUTH. 
 
 At Tusket on the third Tuesday after the fourth Tuesday 
 of April. 
 At Yarmouth on the last Tuesday of September. 
 
 HANTS. 
 At Windsor on the first Tuesday of June, and on the third 
 Tuesday of October. 
 
 KINGS. 
 
 At Kentville on the second Tuesday of June, and on the 
 second Tuesday of October. 
 
 ANNAPOLIS, 
 
 At Annapolis on the third Tuesday of June, and on the 
 first Tuesday of October. 
 
 ^_ ?i^ -^«— - DIGBY. 
 
 '3r;^'^n -^t Digby on the fourth^Tuesday of June, and on the last 
 ' Tuesday of September, 'i ^ni i i^^ . v;.^^^ ^ ^ ^ 
 
 CUMBERLAND. 
 
 At Amherst on the third Tuesday of June, and on the 
 first Tuesday of October. J "1^1^, -J^^^,^ . ^i'CTL^,^. /Z<^^ ''^^^ 
 
 COLCHESTER. 
 
 At Truro on the second Tuesday of June, and on the 
 second Tuesday of October. ^ 7i.-e^ ■, ^A,>^_<^ 
 
 PICTOU. 
 
 At Pictou on the first Tuesday of June, and on the third 
 Tuesday of October. , -^ /, ^ r- ,~, 
 
 -^ CAPE BRETON. 
 
 At Sydney on the first Tuesday of June, and on the first 
 Tuesday of October. 
 
TITLE X2XIV.J SUPREME COURT. 411 
 
 VICTORIA. Chap. 126. 
 
 At BadJeck on the second Tuesday of June, and on the 
 second Tuesday of October. 
 
 INVERNESS. 
 
 At Port Hood on the third Tuesday of June, and on the 
 third Tuesday of October. 
 
 RICHMOND. • 
 
 At Arichat on the second Tuesday next after the fourth 
 Tuesday of June, and on the fourth Tuesday of October. 
 
 GUYSBOROUGH. 
 
 At Gruysborough on the Tuesday next after the fourth 
 Tuesday of June, and on the Tuesday next after the fourth 
 Tuesday of October. 
 
 At Antigonishe on the^ourtn Tuesday of June, and on 
 the second Tuesday next after the fourth Tuesday of- 
 October. ^^ yt^^^><^ /^^v^j^^ 4- /c.^^,^.^ J''*-^ ■ ''^^ 
 
 5. The respective terms or sittings of the supreme Duration of 
 court, in the preceding section mentioned, shall continue so tings. 
 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. 
 
 6. If the business at Annapolis be not disposed of at the y^^^^^^f ^"" 
 rising of the court, at the spring term to be held in each poiis. 
 alternate year, the presiding judge shall have power to 
 
 adjourn the court until the Tuesday after the fourth Tues- 
 day of June ; and the court shall meet at such adjourned 
 day, and continue to sit until all the causes for trial shall 
 have been called, and the jury shall be summoned, and shall 
 attend at such adjourned sittings, but such adjournment 
 shall only take place once in two years. 
 
 7. The presiding judge at Digby shall have power in ^''*^°f °" "*■ 
 each alternate year to extend the spring sittings of the Digby.^ " 
 supreme court ixntil all the causes for trial shall have been 
 
 ca,lled. 
 
 8. The presiding judge may direct one or more addi- J"™rs Jor.e|- 
 tional panels of jurors to be drawn and summoned to attend 
 
 such -continued sittings in the same manner as jurors are 
 now drawn and summoned, for the second week of such 
 term. 
 
 9. In case any judge shall be prevented from arriving at Efnot^amve 
 the place on the day appointed for holding the court, the '^^^''^oMoe'^'^ 
 sheriff shall give public notice at the court house that the attendano' ,.■ 
 court will meet on the following day ; and the sheriff shall day 5° 
 
412 SUPBEME COURT. [PART m. 
 
 Chap. 126. continue to give such notice from day to day for three 
 successive days, unless the judge shall in the meanwhile 
 arrive. 
 
 onTa?t°day°"o'f ^^- ^'^ *^® ^^^^ '^^J ^^ *^^ sittings after term the judges 
 sittings i power shall exercise the same powers as in term. Motions relating 
 tiie^8itt?ng8? to the business of the then sittings to have precedence. 
 not'to"'art^th ^^' '^^® prothonotary shall not permit any original paper 
 orimnafpapera to bc taken out of hi« custody without a written order from 
 judge's'oMer. a judge, which Order shall be filed. 
 
 Deputy piotho- 12. The prothouotaries shall not transmit original papers 
 gfye^ertmeV" to the ofiScers in Halifax without special order from a judge, 
 unless by" a''*" but shall, when required by any suitor or his attorney, pro- 
 judge's orders, vide Certified copies to be used in place of the originals, 
 statements of 13. On the firs.t day of each term the prothonotary and 
 nished by the clerk of the crown shall make out and deliver in open court 
 ^n'theTrltdly » correct Statement of all fines which shall have been 
 ofj.'^*™^"^*"- imposed by the court at the preceding term or sittings, 
 made, Ac. together with a statement of all such as have been collected 
 and paid to him by the sheriff since the last preceding term; 
 and he shall annually return to the board of statistics a 
 return in triplicate of all convictions had before, and of all 
 fines and forfeitures imposed by, the supreme court, -the 
 amounts collected and the appropriation thereof, under a 
 penalty of five pounds. 
 mS^cauaes''' '^^- '^ Calendar of the criminal causes shall be sent by 
 and depositions the clerk of the crown to the grand jury in each term, 
 grand^uryVn- together with the depositions taken in each cause, and the 
 ma'(S™ut. names of the different witnesses ; and the indictments are 
 not to be made out, except in Halifax, until the grand jury 
 shall so direct, 
 not bo°und\o is- 15. The prothouotary shall not be obliged to issue any 
 tiiffe^el^Me'""^ cxecutiou Until the fees and costs due him on the judgment 
 paid. are paid. 
 
 fortakfn'raffi- ^^- "^^^ Commissioners for taking affidavits to hold to 
 davits and re- bail and recognizanccs of bail in the several counties, shall 
 
 cognizances of , • ^ i i _ii • •, ' 
 
 bail, how ap- be appomtcd by the governor m council. 
 Powe'rs^'of com ^'^' ^^^^^^ Commissioners shall have authority to allow 
 missioners. writs of Certiorari, and also to take affidavits in causes 
 depending in court, and affidavits for holding to bail, and 
 on which to found writs of attachment, and of summons 
 against absent or absconding debtors, and specially to 
 endorse writs in manner as now practised by. judges of the 
 supreme court, and subject to the same rules. They shall 
 have the same power as the judges in relation to the ren- 
 dering by bail of their principal, and they shall also have 
 power to take the examination of witnesses aged, infirm, or 
 about to leave the province, and to administer oaths to' 
 such witnesses. 
 
title xxxiv.] equity. 413 
 
 Chap. 127 . 
 CHAPTER 127. 
 
 OP PEOCEEDINGS IN EQUITY. .sZ— -^-^ '* 
 GENERAL PRINCIPLES AND RULES 
 
 1. The supreme court shall have jurisdiction in all cases chanoery juris- 
 heretofore cognizable and determinable by the court of supremlcourt." 
 chancery, and shall exercise the like powers, and apply the 
 same principles of equity as justice may require, and as 
 have heretofore been administered in that court. And all 
 writs which at present issue out of chancery, shall hence- 
 forth issue out of the supreme court, 
 
 2. In all cases heretofore detei-minable in chancery, and Practice of su- 
 henceforth to be conducted in the supreme court, the prac- Se°obsorved,Vo° 
 tice of the supreme court now, or hereafter to be established, 
 as far as it is applicable thereto, shall be observed, except 
 in so far as the practice is altered or modified by this chap- 
 ter ; and in any case to which such practice, and the pro- 
 visions of this chapter shall not apply, but in no other, the 
 practice of the English chancery shall be adopted. 
 
 3. The court of chancery is abolished, and all suits chancery court 
 remaining undetermined in chancery, together with all the "''oi's'^ed, &e. 
 rolls, records, and proceedings of the court, shall be trans- 
 ferred to the supreme court ; and such suits shall be there 
 heard and determined according to the provisions of Ais 
 chapter, but with such modifications thereof as may appear 
 to be right and proper, and for the attainment of justice in 
 the hearing and trying of such suits so remaining undeter- 
 mined in chancery. In such causes the proceedings up to 
 the first day of August, 1855, shall continue of unimpaired 
 eificacy and efiect in the further progress of the cause, and 
 the costs of all proceedings up to that period shall be 
 allowed as if this chapter had not passed. 
 
 4. All suits heretofore cognizable in chancery shall be Suits, how com- 
 commenced in the same manner as personal actions by writ ™«°'»'^'*''- 
 of summons, in which the cause of action, and the reliefer 
 remedy sought by the plaintiff, shall be briefly and clearly 
 stated, and it shall not be necessary that the same should 
 be set forth in any technical or formal language or manner, 
 or that any technical or formal statement should be used. 
 
 5. The . plea or answer of the defendant shall in like piea. 
 manner be briefly and distinctly stated, and there shall be 
 no further pleading after the defence, unless by the special 
 leave of the court or a judge, on an application to allow 
 such further pleadings, which shall only be allowed in case 
 the real question, whether of fact or of law, between the 
 parties cannot conveniently be raised and put in issue by 
 amending the previous pleadings. 
 
414 
 
 EQUITY. 
 
 [part III. 
 
 Chap. 127. 
 
 Demurrer. 
 
 Issue when faota 
 are compllcEt- 
 tisd. 
 
 Trial of issues. 
 
 Judgment. 
 
 Power of court 
 as rej^ards mat- 
 ter or fact and 
 account. 
 
 Judges may 
 make general 
 rules. 
 
 6. Either party may demur to the pleading of the adverse 
 party, on the same grounds, and such demurrers shall be 
 heard and determined on the same principles as obtain in 
 the supreme court. 
 
 7. When the facts in such pleading are complicated, and 
 the issues to be tried are indistinct or obscure, it shall be 
 competent for the court or a judge to settle the issues in 
 fact, to be tried in such cases as hereinafter provided. 
 
 8. The same rule shall apply to the trial of all issues in 
 fact, under this chapter, and to the obtaining and granting 
 of new trials, as are now in force in the supreme court, 'or 
 may hereafter be established therein. 
 
 9. On the final hearing of such cases the court shall give 
 judgment according as the very right of the cause and 
 matter in law shall appear unto them, and so as to afford 
 unto the parties a complete remedy upon the principles 
 which prevail in courts of equity, and may be applicable to 
 the particular case. 
 
 10. The court or a judge shall have power to order any 
 disputed fact to be tried by a jury, at such place and time 
 as they or he shall think fit, and to direct inquiries, where a 
 judge himself cannot conduct the enquiry, into matters of 
 fact, and account, by masters to be appointed in that behalf 
 by the governor and council, on the same principles as refer- 
 ences have heretofore been conducted before a master in 
 chancery. Every report of a master must be submitted to 
 the court or a judge, and may be confirmed, modified, or set 
 aside, as he or they shall think fit, after hearing the parties ; 
 but no written exceptions shall be filed. 
 
 11. The judges in term at Halifax may make, and they 
 are hereby required, from time to time, to make general 
 rules for facilitating the practice of the court under this 
 chapter, and the effectual execution thereof; but such rules 
 shall not go into operation until they shall have been pub- 
 lished in the royal gazette. 
 
 Foreclosure. 
 
 MORTGAGES. 
 
 12. It shall be competent for a mortagagor to bring suit 
 for the redemption of his mortgage, and for a mortgagee 
 to bring suit for the foreclosure thereof, on the same prin- 
 ciples as now obtain in the court of chancery. 
 
 SPECIFIC PERf-ORMANCE, ETC. 
 
 13. The plaintiff in any suit to be brought under this 
 chapter, may claim from the defendant, a specific perform- 
 ance of his contract, and the court shall award or refuse the 
 same, according to the right and justice of the case, and 
 the principles which obtain in courts of equity. 
 
 When party re- 14. Where a party to any cause shall neglect or refuse, 
 M inst"rument* ^f*^^ ™ Order lias passcd therefor, to execute or acknow- 
 ledge an instrument, such instrument may be executed or 
 
 Spociflo per. 
 formance. 
 
TITLE XXXIV.] EQUITY. 415 
 
 acknowledged by a master, and when confirmed by the Chap. 127. 
 court, shall have the same efficacy as if made by the party 
 so neglecting or refusing. 
 
 15. The court or a judge shall have power, if they or he court may or- 
 shall see fit so to do, upon the application of the plaintiff, tor ?etura"S 
 in any action for the detention of any chattels, to order that '^'''^"^is- 
 execution shall issue for the return of the chattels detained, 
 
 without giving the defendant the option of retaining such 
 chattels, upon paying the value assessed ; and that if the 
 said chattels cannot be found, and unless the court or a 
 judge shall otherwise order, the sheriff shall levy on all the 
 defendant's lands and chattels, till the defendant render such 
 chattels, or, at the option of the plaintiff, that he cause to 
 be made, of the defendant's lands or chattels, the assessed 
 value of such chattels : provided that the plaintiff shall, 
 either by the same or a separate writ of execution, be 
 entitled to levy for the damages, costs, and interest in such 
 action. 
 
 WRITS OF MANDAMUS. 
 
 16. In all cases in which the plaintiff shall claim that the Motion for man 
 defendant ought to fulfil any duty, in the fulfilment of which 
 
 the plaintiff is personally interested, the plaintiff may bring 
 his action by issuing a writ of summons, claiming, either 
 together with any demand which may now be enforced in 
 such action, or separately, a writ of mandamus, command- 
 ing the defendant to fulfil such duty. 
 
 17. The writ in such action shall set forth sufficient Form of writ, 
 grounds upon which such claim is founded, and shall set 
 
 forth that the plaintiff is personally interested therein, and 
 that he sustains, or may sustain, damages by the non-per- 
 formance of such duty, and that performance thereof has 
 been demanded by him, and refused or neglected. 
 
 18. The pleadings and other proceedings in any action Pleading. 
 in which a writ of mandamus is claimed, shall be the same ♦ 
 in all respects, as nearly as may be, and costs shall be 
 recoverable by either party, as in an ordinary action for the 
 recovery of damages. 
 
 19. In case judgment shall be given to the plaintiff, that Judgment and 
 a mandamus do issue, it shall be lawful for the court, if it ®*^°" """' 
 shall see fit, besides issuing execution in the ordinary way, 
 
 for the costs and damages,' also to issue a peremptory writ 
 of mandamus to the defendant, commanding him forthwith 
 to perform the duty to be enforced. 
 
 20. The writ need not recite the declaration or the Form of execu- 
 matter therein stated, but shall simply command the per- ''°"' 
 formance of the duty, and in other respects shall be in the 
 
 form of an ordinary writ of, execution, except that it shall 
 be directed to the party, and not to the sheriff, and may be 
 issued in term or vacation, and returnable forthwith; and 
 no return thereto, except »that of compliance, shall be 
 
416 
 
 EQUITY. 
 
 [PART in. 
 
 Chap. 127. 
 
 Effect of writ 
 
 Conrt may di- 
 rect the act to 
 be done, at ex- 
 pense of defen- 
 dant. 
 
 Mandamus may 
 be granted as 
 heretofore. 
 
 Rule for man- 
 damus. 
 
 allowed ; but time to return it may, upon sufficient ground, 
 be allowed by the court or a judge, either with or without 
 terms. 
 
 21. The writ of mandamus so issued as aforesaid, shall 
 have the same force and effect as a peremptory writ of 
 mandamus issued out of the court of queen's bench at 
 Westminster, and in case of disobedience may be enforced 
 by attachment. 
 
 ' 22. The court may, upon application by the plaintiff, 
 besides or instead of proceeding against the disobedient 
 party by attachment, direct that the act required to be done 
 may be done by the plaintiff, or some other person appointed 
 by the court, at the expense of the defendant ; and upon the 
 act being done the amount of such expense may be ascer- 
 tained by the court, either by writ of enquiry or reference 
 to a master, as the court or a judge may order, and the 
 court may order payment of the amount of such expenses 
 and costs, and enforce payment thereof by execution. 
 
 23. Nothing herein contained shall take away the juris- 
 diction of the supreme court to grant writs of mandamus as 
 heretofore, nor shall any writ of mandamus issued out of 
 that court be invalid by reason of the right of the prose- 
 cutor to proceed by action for mandamus under this 
 chapter. 
 
 24. Upon application, by motion, for any writ of manda- 
 mus in the supreme court, the rule may, in all cases, be 
 absolute in the first instance, if the court shall think fit; 
 and the writ may bear date on the day of its issuing, and 
 may be made returnable forthwith, whether in term or in 
 vacation, but time may be allowed to return it by the court 
 or a judge, either with or without terms. 
 
 Suit for injunc- 
 tion. 
 
 Writ of sum- 
 mons. 
 
 Froocedioge. 
 
 WRITS OF INJUNCTION. 
 
 25. In all cases of breach of contract or other injury 
 where the party injured is entitled to maintain and has 
 brought an action, he may, in like case and manner as herein- 
 before provided, with respect to mandamus, claim a writ of 
 injunction against the repetition or continuance of such 
 breach of coiitract or other injury, or the commital of any 
 breach of contract or injury of a like kind arising out of 
 the same contract or relating to the same property or 
 right ; and he may also, in the same action, include a claim 
 for damages or other redress. 
 
 26. The writ of summons in such action shall be in the 
 same form as the writ of summons in any personal action ; 
 but on every such writ and copy thereof there shall be 
 endorsed a notice, that in default of appearance the plaintiff 
 may, besides proceeding to judgment and execution for 
 damages and costs, apply for and obtain a writ of injunc- 
 tion. 
 
 27. The proceedings in such action shall be the same, as 
 
TITLE XXXIV.] EQUITT. 417 
 
 nearly as may be, and subject to the like control as the pro- Chap. 127. 
 
 ceedings in an ac-tion to obtain a mandamus under the pro- 
 
 visions hereinbefore contained ; and in such action, judg- 
 
 iment may be given, that the writ of injunction do or do not 
 
 issue, as 'justice may require ; and in case of disobedience, 
 
 Buch writ of injunction may be enforced by attachment by 
 
 the court, or when the court shall not be sitting, by a 
 
 judges. 
 
 28. It shall be lawful for the plaintiff, at any time after \5rrit of injnne 
 the commencement of the action, and whether before or ^°°'i^ue3 i°f 
 after judgment, to apply ex parte to the court, or a judge, 
 for a writ of injunction to restrain the defendant in such 
 . action from the repetition or continuance of the wrongful 
 act or breach of contract complained of, or the committal 
 of any breach of contract or injury of a like kind arising 
 out of the same contract, or relating to the same property 
 or right ; and such writ may be granted or denied by the 
 court or judge upon such terms as to the duration of the 
 writ, keeping account, giving security or otherwise, as to 
 such court or judge shall seem reasonable and just ; and 
 in case of disobedience such writ may be enforced by how enforced, 
 attachment by the court, or when the dourt shall not be 
 sitting, by a judge ; provided always, that any order for a 
 writ of injunction made by a judge, or any writ issued by 
 virtue thereof, may be discharged or varied, or set aside 
 by the court, on application made thereto by any party dis- 
 satisfied with such order. 
 
 . 29. It shall be lawful for the defendaatiin any action, to Effect of plea 
 .plead by way of defence thereto, any matter which would ^ 'perpetual' 
 entitle him to have a perpetual injunction' in a court of injunction. 
 equity against the maintenance of such action; and the 
 matter of such defence shall, if proved, or if judgment pass 
 by default, be a bar to such action, and the defendant shall 
 have judgment thereon, with costs. 
 
 30. In any action in which a right shall be involved, it Order of the 
 
 iiiii^irj.1 J. • J u court in the na- 
 
 shall be lawful for the supreme court or a judge, by a sum- turo of an in- 
 mary order, in the nature of an injunction, to be made on 5»'»<'tio"- 
 motion in the cause, to restrain, prevent or modify the 
 exercise of such right by any party in the action, until a 
 judgment shall be had establishing such right, or until such 
 other earlier time as to the court or a judge shall seem fit, 
 and on such terms, if any, as the court or judge may 
 require, and in like manner as it would have been compe- 
 tent to the court of chancery to have done, if such right 
 had been contested in a suit pending therein; and in like 
 .manner to renew, vary or set aside such order from time to 
 time as the case may require ; and it shall be lawful for the 
 court or a judge, at the time of making such restraining 
 order, if he or they shall see fit, or if it shall be required 
 by the party against whom such order is made, to direct 
 that an issue shall be submitted to the jury, who shall try 
 
418 
 
 EQUITY. 
 
 [PAHT III. 
 
 Chap. 127. the principal matter respecting the existence or extent of 
 such right; referring it to the jury also to try and inquire 
 whether any damage or injury has been sustained by the 
 party so injured, by the granting of such ordej-, and the 
 amount of such damage, if any, and such jury shall find 
 upon the issue accordingly, and their finding shall be 
 returned with the other findings in the case, and judgment 
 and execution shall be given and had for the amount so 
 found, together with the costs of the defendant occasioned 
 by the trial of such issue. 
 
 Equitable de- 
 fences. 
 
 Keplioation. 
 
 Particulars of 
 demand. 
 
 Equitable de- 
 fences may be 
 set up. 
 
 Tender, pay- 
 ment, set off; 
 when pleada- 
 ble. 
 
 Particulars of 
 demand and set 
 
 oir. 
 
 Bight of re- 
 demption; re- 
 lease of. 
 
 Sale and distri- 
 bution of pro- 
 ceeds. 
 
 EQUITABLE DEFENCES. 
 
 31. It shall be lawful for a plaintiff in replevin, or for 
 the defendant in any cause in the supreme court in which, 
 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 way 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. 
 
 32. The plaintiff may reply, by leave of the court or a 
 judge in answer to any plea of the defendant, facts 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. 
 
 33. When such plea or replication on equitable grounds 
 is put in, the particulars of demand and set-off may be ob- 
 tained as in other cases. 
 
 34. On the trial of any action of ejectment, the defen- 
 dant may set up any equitable defence which would be 
 available in the court of chancery, in case the subject mat- 
 ter were under adjudication in that court ; and if the plain- 
 tiff shall claim title under a mortgage or other contract, or 
 the defence be founded on any defeazance, bond for a deed, 
 contract, or other agreement, whether the action be brought 
 for the foreclosure of a mortgage, or otherwise, the defen- 
 dant 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 par- 
 ticulars 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, or a judge, by order, may 
 compel the lessor of the plaintiff to make such conveyance 
 or lease as may be agreeable to equity. 
 
 35. If the justice of the case require it, the court or a 
 judge may make an order for the sale of the premises 
 
TITLE XXXIV.] EQUITY. 419 
 
 sought to be recovered or any part thereof, and for the Chap. 127 
 application of the proceeds, and for the release or other ' 
 
 re-conveyance 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 mafle appear, that all persons interested have had 
 reasonable notice, by advertisement or otherwise, of such 
 application. 
 
 . .36. In case the plaintiff or any defendant shall refuse Non-oompn- 
 or neglect to make or perfect any such conveyance, the foT^srie or*^ re- 
 court or a judge may order such conveyance to be <'°'»''®y^n"=^- 
 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. 
 
 37. Where the proceedings are had under the three last writ of jossos- 
 sections, no writ of possession shall issue without the leave without leave.*^ 
 of the court or a judge. 
 
 38. Any defendant having an equitable defence of which Prooeedinm in 
 he might avail himself under section thirty four, and neglect ba?red' by'pro- 
 ing or refusing so to do, shall not be at liberty, without „®n^er^° ^^^'^' 
 leave of the supreme court or a judge thereof, to apply for 
 
 relief in equity. 
 
 EEAL ESTATE OP INFANTS. 
 
 39. An infant seized of real estate, or entitled to any court may or- 
 term of years in lands, may, by his next friend or guardian, estate rf'in-'"'^ 
 petition the court or a judge for an order to sell or dispose f^i'^i when, 
 of the said property, who shall proceed in a summary way, 
 
 on affidavits, to enquire into the merits of such application ; 
 and if the disposal of such property, or any part thereof, 
 be necessary for the support of such infant, or for his edu- 
 cation, or if the interest of the infant will be substantially 
 promoted by such disposal, on account of any part of his 
 said property being exposed to waste or dilapidation, or 
 being wholly unproductive, or for any other reasonable- 
 cause, the court or a judge may, on the filing of a bond by 
 such guardian or next friend, or other person approved of . 
 by the court or judge, in case he be not already a lawfully 
 appointed guardian, with such sureties, in such form, and 
 on such terms and conditions as shall be directed, order the- 
 letting for a term of years, the sale or other disposal of 
 such real estate or interest, whether possessory or rever- 
 sionary, by such guardian or next friend, in such manner, 
 and with such restrictions as shall be deemed expedient, 
 but not in any case contrary to any last will or conveyance 
 by which such estate or term was devised or conveyed to 
 such infant. 
 
 40. All sales, leases, or conveyances made in good faith Effect of con- 
 by any guardian or next friend, in pursuance of such order, guaSn,^. 
 shall be as effectual as if made by such infant after he had 
 
 87 
 
420 EQUITT. [PAET III, 
 
 Chap. 127. attained the age of twenty-one years ; and it shall not be 
 ' necessary in the conveyance to recite any part of the pro- 
 
 ceedings required by this chapter, but the same shall briefly 
 refer to the order and the sale, leasing, or other disposal of 
 such property. The party making the sale shall file a report 
 thereof with the prothonotary of the county in which the 
 lands are situate. 
 Application oi 41. Upon any order for the sale of any property being 
 proceeds. made as aforesaid, the court or a judge may make such 
 
 order for the investment, disposal, and application of the 
 proceeds of such property, and of the increase and interest 
 arising therefrom, as shall secure the same for the infant's 
 benefit ; but in no case shall the principal money be dispo- 
 sed of unless it shall be requred for the support or educa- 
 tion of the infant, and in no case shall such principal be dis- 
 posed of for any purpose, if the nett proceeds accruing to 
 each infant thereon ^hall amount to one hundred pounds, 
 'intont's interest 42. No Sale made as aforesaid shall give to any such 
 in proceeds. infant any other or greater interest or estate in the proceeds 
 
 of such sale than he had in the estate so sold. 
 -Gonveyance. 43. Every conveyance made under the above provisions, 
 
 and registered in the county where the lands lie, shall be 
 taken as presumptive evidence that all the proceedings on 
 which the same is founded, were rightly had. 
 
 PERPETUATING TESTIMONY. 
 
 Suits for per- 44. When a person shall be desirous to perpetuate the 
 
 'timony."^ *°°" testimony of any witness, he may issue a writ of summons, 
 
 which shall set forth briefly his title, claim, or interest, in 
 
 or to the subject concerning which he desires to perpetuate 
 
 the testimony, and the names of all parties interested or 
 
 supposed to be interested therein, and the names of the 
 
 witnesses proposed to be examined, which shall be served 
 
 on the parties interested, or supposed so to be. A notice 
 
 shall be served on such parties with the writ, or subsequent 
 
 to the service thereof, which shall state when and where, 
 
 and before whom, the examination of each witness shall 
 
 take place ; biit no witness shall be examined under these 
 
 provisions unless the parties supposed to be interested 
 
 shall have had at least ten days' notice of such examination. 
 
 Bxamination of 45. The examination of the witnesses shall be taken 
 
 witaeeseB. before a commissioner for the examination of witnesses de 
 
 hene esse, and in the same way as such examinations now 
 
 take place, unless on application to a court or a judge, a 
 
 special commissioner be appointed, when the examination 
 
 shall take place before such special commissioner. 
 
 Deposition and 46. After the Commissioner shall have engrossed the 
 
 eomSioDCT. deposition of each witness, it shall be read to him, and- he 
 
 shall subscribe it, and the commissioner shall certify the 
 
 time, place, arid manner of his taking the deposition, and 
 
 who attended at the taking thereof, and that the same was 
 
TITLE XXXIV.] EQUITY. 421 
 
 taken by him in perpetual rememberance of the facts stated Chap. 127. 
 therein., . — 
 
 47. The deposition and certificate, together with a true Tote aied in 
 copy of the notice of examination, and an affidavit of the Smca"""'"'''^''' 
 service of such notice, stating upon whom and when the 
 
 same was served, shall be filed in the office of the prothono- 
 tary of the county in which the examination shall have 
 taken place, within ten days after the examinations. 
 
 48. If any suit shall, either at the time of taking such in what suit the 
 deposition, or at any time afterwards, be pending between be u'secV.™ '""''' 
 the person at whose instance it was taken, and the person 
 
 named in the writ, or any of them, who were so notified, 
 or anj' persons claiming under either of the said parties 
 respectively, concerning the title, claim, or interest set 
 forth in the writ, the deposition so taken, or a certified 
 copy of it from the prothonotary's office, may be used in 
 such suits in the same manner, and subject to the same' con- 
 ditions and objections, as if it had been originally in and 
 for such suit. 
 
 49. Any witness may be subpoenasd and compelled to Attondanoe of 
 give his testimony in perpetual remembrance of a thing as forced. 
 Eerein*before prescribed, in like manner and under the same 
 penalties as witnesses subpoen^d to attend and give evidence 
 
 on the trial of a cause. 
 
 50. All costs incurred under these provisions on both *^'"'^- 
 sides, shall, in the firs,t instance, be paid by the party seek- 
 ing to perpetuate testimony ; but in case the deposition 
 shall thereafter be used in any suit, and he ' shall therein 
 obtain a judgment, it shall be discretionary with the court, 
 
 or a judge, to allow the costs to be costs in that suit, to be 
 taxed against and payable by the party against whom the 
 judgment shall be so obtained. 
 
 ASSIGNMENT OF CHOSES IN ACTION. 
 
 51. Any assignee, by writing signed by the assignor of^Sf^^e^tiou 
 the entire interest in any chose in action founded on any ™»y ^ue. 
 contract for payment of money only, or in any judgment, 
 
 decree, or order for the 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 
 personal action in the supreme court, and have such final 
 judgment and execution in as full a manner as the person 
 originally entitled to such chose in action, judgment, decree 
 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 discharging or satis- 
 
422 EQUITY. [part in. 
 
 Chap. 127. fying such judgment, decree or order, or otherwise, as the 
 person originally entitled to the same had heretofore 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 : pro- 
 vided, 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 provision contained shall apply to 
 any covenant running with the land. 
 Assignor not to 52. Upon the execution of any such assignment, the 
 release or sue. -j.jgjj^ ^f ^^g assignor to release or sue upon such chose in 
 action, judgment, decree or order, shall wholly cease and 
 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 sliall operate 
 to transfer the right to release or sue upon the same, unless 
 the second assignment thereof shall have been accepted 
 hoTiafide, accompanied by the possession of the instrument 
 assigned, and without knowledge of the first assignment. 
 Notice of as- 53. No aetiou shall be brought upon any such assign- 
 I'min before a(f- ment by such assignee, unless a notice in writing signed by 
 tion. jjjjjj^ jjig agent or attorney, stating the right of the assignee, 
 
 and specifying his demand thereunder, shall have been served 
 on the party to be sued, or left at his last place of abode, 
 at least fourteen days before the commencement of such 
 action. 
 *Efi'eot9f release 54. In any casc in which a release of a chose in action, 
 wlthoufnotioe. or a release of execution in any judgment, decree or order, 
 shall have been executed by the assignor thereof, or pay- 
 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 lawful 
 for such person, anything in this chapter to the contrary 
 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 
 such release had been accepted, or such payment made with 
 intent to defraud such assignee. 
 Defence against 55. It shall be lawful for any defendant or person liable 
 ab'ie^against a's- in respcct of any such chose in action, judgment, decree or 
 ; signee. order, in any action brought in i|3spect 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 
 
TITLE SXXIV.] EQUITY. 423 
 
 made, and in case of payment to such assignee, to plead Chap. 127. 
 such payment specially to such assignee. 
 
 PRACTICE. 
 
 56. After plea filed, the plaintiff may bring the cause to Hearing on writ 
 a hearing before the court, on the writ and plea, in the same '^°*pi<^^- 
 way as a suit has heretofore been heard in chancery on bill 
 
 and answer ; but in that case he shall, within fourteen days 
 after the receipt of the plea, or within such further time as 
 may be allowed by a judge, give notice to the defendant of 
 his intention not to produce evidence. 
 
 57. After a suit shall be at issue, and before proceeding Court may de- 
 to trial, the court, or a judge, on the application of either is8™a°U)°be*''° 
 party, and eight days' notice to the other, shall determine '"®'^- 
 what issue of fact shall be tried by the jury. 
 
 58. All interlocutory matters shall be decided by the interlocutory 
 court on motion, or by any one of the judges at chambers, P™oeedings. 
 and all proceedings before a judge at chambers shall be by 
 summons and order. 
 
 59. Either party may appeal from any order of a judge Appeal from 
 at chambers to the whole court, on giving security to the judge." 
 amount of ten pounds : to abide the costs of the appeal, 
 
 which shall always follow the event ; but such appeal shall 
 not stay the proceedings on the order. 
 
 60. Obedience to any judgment, rule or order of the Judgment, and 
 court, or of a judge at chambers, may be enforced by attach- ^^°^ enforced. 
 ment or execution. 
 
 61. In all cases wherein the subject in controversj', Proceedings, 
 whether it be real, personal or mixed estate, be within the ant*uoufofthe 
 province, or where a trust has been created therein, or };h"oourt?° "^ 
 which may affect such subject, defendants residing without 
 
 the jurisdiction of the court may be served with summons 
 in like manner as if they resided within the province ; but 
 before the issue of such summons, a judge shall determine 
 the form thereof, and the period to be limited for the appear- 
 ance of the defendant after the service thereof, and no fur- 
 ther proceedings shall be had against such absent parties 
 till it shall be made to appear by affidavit to the court or a 
 judge, that such service has taken place ; and the plaintiff 
 shall be at liberty to proceed in such manner, at such time, 
 and subject to such conditions as the court or a judge may 
 see fit. 
 
 62. In cases of foreclosure, when it shall be made to l^^l^f^ °^^°^^ 
 appear, by affidavit, that a defendant is out of the province, 
 
 an order may be made by the court or a judge, or prothono- 
 tary, for such defendant to appear on a certain day therein 
 " named, which order shall be published in the royal gazette, 
 or in such other way, and for such time, as the court or 
 judge, or prothonotary, shall direct ; and the pubHcatioii 
 of such order shall be deemed good service on such 
 defendant. 
 
424 
 
 EQUITY. 
 
 [PAET III. 
 
 Chap. 127. 
 
 Discretion of 
 tlie court re- 
 garding costs. 
 
 Hearings. 
 
 Power of the 
 court in cases 
 of default of 
 appearance, &e, 
 
 Several causes 
 of action may 
 be united. 
 
 Eules regard- 
 ing parties to 
 suits. 
 
 63. The court shall, in all equitable cases, have the same 
 discretion in awarding or withholding costs, or directing 
 the fund out of which they shall be paid, that is now exer- 
 cised by the court of chancery. 
 
 64. The hearings in equitable cases, and arguments 
 therein, shall be governed by the same rules as now prevail 
 in the supreme court. 
 
 65. In cases of default for want of appearance and plea, 
 or where all the material facts of the case which entitle the 
 plaintiif to equitable relief are admitted by the defendant, 
 the court, or a judge at chambers, may thereupon make 
 such order as the right and justice of the case shall require, 
 both as regards the relief prayed for, and the costs of the 
 suit. 
 
 66. The plaintiff may unite several causes of action in 
 the same writ, whether they be such as have heretofore 
 been denominated legal or equitable, or both. The .causes 
 of action so united must accrue in the same right, and 
 affect all the parties to the action, and must not require 
 different places of trial. 
 
 67. No defendant in any suit shall be permitted to object 
 for want of parties, in any case to which the following 
 rules extend : 
 
 Eule 1. — Any residuary legatee or next of kin may, with- 
 out including the remaining residuary legatees or next of 
 kin. have a judgment for the administration of the personal 
 estate of a deceased person. 
 
 Kule 2. — Any legatee interested in a legacy charged upon 
 real estate, and any person interested in the proceeds of 
 real estate directed to be sold, may, without including any 
 other legatee or person interested in the proceeds of the 
 estate, have a judgment for the administration of a deceased 
 person. 
 
 Rule 3. — Any residuary devisee or heir may, without 
 including any co-residuary devisee or co-heir, have the like 
 judgment. 
 
 Rule 4. — Any one of several persons for whom a trust 
 is held under any deed or instrument, may, without includ- 
 ing any other of such persons, have a judgment for the 
 execution of the trusts of the deed or instrument. 
 
 Rule 5. — In all cases of suits for the protection of pro- 
 perty pending litigation, and in the nature of waste, one 
 person may sue on behalf of himself and of all persons 
 having the same interest. 
 
 Rule 6. — Any executor, or trustee, may obtain a decree 
 against any one legatee, next of kin, or person for whom 
 a trust is held, for the administration of the estate or the 
 execution of trusts. 
 
 Rule 7. — In all equitable cases, the court, or a judge, if 
 he or they shall see fit, may require any other person to be 
 made a pa^+v tn tlie suit, and may make .""f^h nrrlpr in any 
 
TITLE XXXIV.] EQUITY. 425 
 
 particular case as he or they may deem just, for placing Chap. 127. 
 the defendant on the record on the same footing, in regard " ~" ~ 
 to costs, as other parties having a common interest with 
 liim in the matters in question. 
 
 Rule 8-^In all suits concerning real or personal estate 
 vested in trustees under a will, settlement, or otherwise, 
 such trustees shall represent the persons beneficially inte- 
 rested under the trust, in the same manner, and to the same 
 extent, as the executors in suits concerning personal estate 
 represent the persons beneficially interested in such per- 
 sonal estate ; and in such cases it shall not be necessary to 
 make the persons beneficially interested under the trust, 
 parties to the suit with the trustees or executors, but the 
 court or a judge may, upon consideration of the matters 
 on the hearing, if he or they shall think fit, order such per- 
 sons, or any of them, to be made parties. 
 
 68.' It shall be competent for the .court, or a judge, to Suit may be 
 dismiss any suit for equitable relief where the plaintiff shall want of pro°e- 
 not prosecute it with effect, in such reasonable time as shall ""t'on- 
 be^Uowed him by an order in that behalf. 
 
 6i9. The court, or a judge, may make an order for the B,eceiTer may 
 appointment of a receiver, when necessary in any suit, ^''pp"" 
 which order shall state the amount of security to be given, 
 and the terms and conditions on which the assets shall be 
 held by him. 
 
 70. The hearing of equitable suits may be had at any Hearing in ra- 
 time in the vacation, on the application of either party, 
 
 before any three or more of the judges ; and for that pur- 
 pose, and the giving of decisions therein, the court shall be 
 held as being always open. Further directions may be given 
 at chambers. 
 
 71. All costs shall be taxed by a judge. Sa."°° °^ 
 
 72. The fees heretofore allowed in the court of chancery jees to be those 
 are abolished, and fees in equitable suits shall be taxed and ^^ schedule. 
 allowed as in the table of fees in the schedule to this 
 
 chapter. 
 
 73. Any person taking greater fees shall, for such offence. Penalty for 
 forfeit to the party aggrieved, ten pounds, and also the *°''''°^ greater, 
 amount of such excessive fees. 
 
 74. Actions for such forfeitures shall be brought in the Action for pe- 
 county where the ofience was committed, and within six °* ^' 
 months next after the date of such ofience. 
 
 75. The office of the master of the rolls is abolished. 
 
 76. This chapter has operation from the first day of 
 August, 1855, and the words "heretofore," "hereafter," 
 " at present," "now," " henceforth," and the like, refer to 
 that date. 
 
426 
 
 MABBIAGE -AND DIVORCE. 
 
 [part III, 
 
 Chap. 128. 
 
 Table of fees. 
 
 TABLE OF FEES. 
 
 Attorney's. 
 
 SIieritT's. 
 
 The same fees as, now allowed in the supreme court with 
 the following additions, in equitable suits : 
 
 Attorney's Fees. 
 
 Where the writ exceeds five folios, the court or a 
 judge may allow for the excess, being not 
 more in any case than twenty folios in all, for 
 each folio, £0 10 
 
 Counsel fee for examining each equitable pleading, Oil 8 
 
 Counsel fee in all equitable suits to be taxed in 
 any stage of the cause, at the discretion of 
 the judge, but not to exceed . . .500 
 
 Drawing every brief deemed by the judge neces- 
 sary in an equitable suit, from £\ to £5, at 
 his discretion. 
 
 Every deed in foreclosure and other equitable 
 
 suits, . . • 13 4 
 
 Every attendance before a master, shewn to have 
 been necessary, by affidavit, and approved of 
 by the judge, 6/' 8 
 
 All necessary expenses incurred in serving defen- 
 dants out of the province, in advertising and 
 for postages. 
 
 Master's Fees. 
 
 Every attendance on a reference, shewn to have 
 been necessary, by affidavit, and approved of 
 by the judge, 
 
 Every report 
 
 And for every folio beyond six folios, but not to 
 exceed ten folios in all, .... 
 
 Administering every oath, and signing jurat. 
 
 All necessary travel, going and returning, per mile, 
 
 On sales of land in foreclosure, and other ' 
 equitable suits. 
 For sheriff or master attending the sale and re- 
 ceiving and paying over the amount, in lieu 
 of all poundage 2 6 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 
 
 
 
 1 
 
 6 
 
 
 
 
 
 3 
 
 CHAPTER 128. 
 
 OF THE COURT OF MARRIAGE AND DIVORCE. 
 
 Of the president 1. The govornor shall be president of the court of 
 
 , and vice presi- . jj- jin • j. i j. 
 
 dentof court of marriage and divorce, and shall appoint, by warrant 
 'dfvorol* "''"' uader his hand and seal, the chief justice, or any one 
 
TITLE XXXIT.] ESCHEAT. 427 
 
 of the judges of fhe supreme court, to be vice president Chap. 129, 
 thereof. 
 
 2. The vice president shall sit as a member of the court vice president's 
 when the governor is president, and shall preside in his ^"'^' 
 absence. 
 
 3. The court shall consist of the president, vice presi- court, how con- 
 dent, and the members of the executive council : but the ^''''"''=''- 
 vice president and any two members of the council shall 
 constitute a court. 
 
 4. The court shall have jurisdiction over all matters Jurisdiction of 
 relating to prohibited marriages and divorce, and may ^ """' ' 
 declare any marriage null and void for impotence, adultery, 
 cruelty, pre-contract, or kindred within the degrees prohibi- 
 ted in an act made in the thirty second year of king Henry 
 
 tlie eighth, entitled an act concerning pre-cohtracts, and 
 touching degrees of consanguinity ; and whenever a sen- 
 tence 'of divorce shall be given the court may pronounce 
 such determination as it shall think fit on the rights of the 
 parties or either of them to curtesy or dower. 
 
 5. The court may direct the examination of witnesses ortheexamina- 
 or ally, and declare, by definitive sentence or otherwise, the es° and the" en- 
 inarriage between the parties in the suit to be null and void ooSrt'its'power 
 from such time as the court may deem proper, and may over costs. 
 allow costs and alimony to the wife during the suit, and 
 
 upon its termination may award costs to either of the 
 parties. 
 
 6. The court may enforce the performance of any sen- Power of the 
 tence by means of an execution similar to that issued out itTBOT'tenoe?"' 
 of the supreme court, and when any property is sold by vir- 
 tue of such execution, the proceeds thereof, deducting 
 poundage and expences, shall be paid into the registry of 
 
 the court, to be disposed of as the court may direct. 
 
 7. The rules, orders, process, and other proceedings of Euies, orders, 
 the court, may be signed by the registrar, and the signature "' °^"s°'^ • 
 of the president or vice president shall not be necessary 
 
 unless the court shall otherwise order. 
 
 <Y/rrf^ 
 
 y^ CHAPTER 129. ^^^-^-^ 
 
 ■^''.J^ri'^ OP THE COUET OP ESCHEAT. 
 
 1. Before any inquest of office shall be made, notice ^°*'f^f J^-^ 
 thereof shall be given in the royal gazette, a copy of which Sow gi'ren. "*' 
 notice shall be fixed at the door of the court house, and in 
 three other public places of the county in which the land 
 is situate, and if any person be living on the lands, a copy 
 
428 
 
 PROBATE COURT. 
 
 [part hi. 
 
 Chap. 130. 
 
 Inciuisitions 
 where to be re- 
 turned ; traver- 
 sable In su- 
 preme oourt. • 
 
 Tenant neglect- 
 ing to give 
 landlord infor- 
 mation of no- 
 tice served. 
 
 Esolieated 
 lands wlien to 
 be granted. 
 
 of the notice shall also be delivered to him at least three 
 months before the inquest. 
 
 2. One part of every inquisition shall be returned into 
 the oiSce of the surveyor general, and any inquisition may 
 be traversed in the supreme court, having been previously 
 removed thereto by order of a judge. 
 
 3. If any tenant shall wilfully neglect to give informa- 
 tion of the notice to his landlord, in case he shall be within 
 the province, or to his known attorney or agent, in case he 
 shall be absent therefrom, he shall forfeit one hundred 
 pounds, to be recovered by the party injured. 
 
 4. No lands escheated shall be granted to any person 
 before the expiration of one year from the day of the in- 
 quest, except to the original owner. 
 
 CHAPTER 130. 
 
 OP THE PROBATE COURT. 
 
 Judge and re 
 gistvar. how 
 appointed and 
 sworn. 
 
 Judge ofcounty 
 where deceased 
 last dwelt to 
 grant probate, 
 
 Probate, &o., 
 where granted 
 when deceased 
 lived out of 
 the province. 
 
 Judge may 
 order division 
 of real estate 
 »mong next of 
 kin. , * 
 
 Whero',divi8ion 
 of portion can- 
 not De made 
 without preju- 
 dice. 
 
 1. The judge Jind registrar of probate in each county, 
 shall . be appointed by the governor in council, and hold 
 office during pleasure, and shall be sworn before a judge of 
 the supreme court or the custos of the county. 
 
 2. The judge of probate for the county wherein the 
 deceased last dwelt shall have power to grant letters testa- 
 mentary or. letters of administration of his estate. 
 
 3. When the deceased shall die out of the province, the 
 judge of probate for the county wherein any estate of such 
 deceased person may lie, if letters testamentary or letters 
 of administration have not been previously granted within , 
 this province, shall have power to grant the same. 
 
 4. The judge of probate may order the real estate of 
 the testator or intestate, wherever situate within the pro- 
 vince, to be divided among the next of kin, and whenever 
 the share or interest of any such person being next of kin, 
 shall have been transferred, the purchaser shall have the 
 same rights and privileges, and be subject to the same 
 liabilities as the person whose share he represents. 
 
 5. In cases where the estate is divisible among the chil- 
 dren of a testator or intestate, and such division, or the 
 division of any particular portion thereof cannot be made 
 without prejudice to the whole estate, he may order the 
 whole, or after the division of the residue, the whole of such 
 particular portion to the eldest son, and on his refusal, to 
 the other sons successively, and on their refusal to the 
 eldest and other daughters in like succession ; such son or 
 daughter paying to the other children their shares qf the 
 
TITLE XXXIV.] PROBATE COURT. " 429 
 
 value of such estate, or giving satisfactory security for the Chap. 130. 
 payment thereof, with six per cent interest thereon. ' 
 
 6. Such order for division shall be made upon the appli- Guardianstobe 
 cation of a party interested, and guardians shall be appointed miuOTs.""^ '^'"^ 
 for such of the parties as shall be under age. 
 
 7. Where there shall be a claim for dower, or the widow Assignment of 
 shall claim any individual share or right devised by will, ^idow. *"'' '" 
 the judge of probate shall have power to order the same to 
 
 be assigned and set off. 
 
 8. All divisions and valuations of real estate made under Dirision of real 
 order of the judge of probate, shall be made by five dis- bf maJie^'"' *" 
 interested freeholders, to be appointed by the judge for 
 
 that purpose, who shall, before acting, be sworn by the 
 judge or registrar, or by a justice of the peace, to the faith- 
 ful discharge of their duty. 
 
 9. No such division or valuation shall be valid, unless Three ft-eehoid- 
 three at least of the persons so appointed and sworn shall frdivfaioS"'"" 
 concur, and the judge shall approve thereof. 
 
 10. Before such approval shall be given, the parties Notice to be 
 interested, or in case one or more of them are minors, the fS'app"?'" 
 guardians shall have eight days' notice of the time and place ved by judge. 
 appointed to consider the same ; and where toy one or 
 
 more of the parties interested shall be absent, or cannot 
 be personally served, publication of such notice in the 
 royal gazette, at least four weeks before the day named, 
 shall be considered sufficient service of notice. 
 
 11. On the day named in such notice, .the judge shall p«'fi'''n»ti'>n of 
 confirm or reject the division, or make such amendments'"" ^^"^ 
 thereof, as he may deem right, and shall tax and award the 
 
 costs of such division and valuation, and apportion the 
 same among, the parties interested in the estate as he shall 
 deem just ; and such taxation and ord,er shall have the same 
 •effect, and be enforced in the same manner as the taxation 
 and order mentioned in the forty-fifth section. 
 
 12. Where such division is made the judge may, if Plana maybe 
 necessary, order a surveyor to prepare af)lan to be filed j'udgo! ^ 
 with the registrar. 
 
 13. In case the personal estate of the deceased shall be License for sale 
 found by the judge on affidavit insufficient for the payment lettfng'^af "real 
 of his debts and legacies, such judge, upon security being per^stnai'pro- 
 given by the administrator or executor, to account for the perty insuffi- 
 proceeds of the sale or the sum obtained by mortgaging or Ss. " ^"'^^ 
 leasing the same, may, at his discretion, grant a license for 
 
 the sale of the whole or such part of the real estate of the 
 deceased as he shall deem necessary, or for the mortgaging 
 or leasing thereof, provided such lease be for a term .not 
 exceeding twenty-one years. 
 
 14. No such license shall be in force more than one year License to be in 
 
 , ., ,• ,1 r •' force for one 
 
 after the granting thereof. year only. 
 
 15. Every, license shall be entered in the registrar's License to be 
 book, and a copy thereof duly certified by the judge or ghteredr" 
 
430 PROBATE COURT. [PAltT III. 
 
 Chap. 130. registrar shall be registered in the office of the registrar of 
 deeds for the county or district in which the real estate 
 Certified copy may lie, and such certified copy, or a copy thereof from the 
 registry certified under the hand of such registrar of deeds, 
 shall be evidence of such license in all courts, without fur- 
 ther proof. 
 Security for li- 16. The Security to be given by any executor or adminis- 
 given by bond, trator before the granting of such license, shall be a bond 
 to the judge of the court of probate in a sufficient penalty 
 with two sureties to be approved by him, the bond to be 
 in the form in the schedule. 
 In case the exe- 17. In case any executor or administrator shall not give 
 nut"ivt°th?t"- sich security within a reasonable time, the judge may, on 
 earify the judge the application of any person interested, order such execu- 
 another person tor or administrator having been first duly cited, to give 
 to act. such security within a period in the order to be named; 
 
 and if such executor or administrator without sufficient 
 cause shall neglect so to do, the judge may appoint some 
 other person interested in the estate, to act as administra- 
 tor for the sale of the real estate and appropriation of the 
 proceeds, upon his giving the security required. 
 Undevised real 18. When any part of the real estate of the testator has 
 hesoii'first^for been Undevised, and the personal estate shaJl be insufficient 
 JeLta"'i6sa,cies, ^^^ *^^ payment of debts, legacies and expenses, the unde- 
 &«•. " vised real estate shall be first sold, unless it shall appear 
 from the will that a different arrangement of his assets for 
 the payment of his debts or legacies ^v^as intended, in which 
 case they shall be applied for that purpose in conformity 
 with the provisions of the will. 
 Judge empow- 19. The judges of probate shall have power to issue 
 compuisOTy" such proccss as may be necessary for the discharge of the 
 p™ni8h'for oon° ^^^^ ^eposed in them, and also to issue subpoenas to compel 
 tempt. the attendance of witnesses and the production of papers 
 
 material to any inquiry pending before them. The party 
 refusing or neglecting to obey such process may be punished 
 as in a court of law for a contempt, and all such process 
 shall be executed by the officer to whom it is directed. 
 Lettora ad col- 20. No letters ad colliqendum shall be granted bv the 
 
 ligendum, liow • j -.i , j -^ i • r. , , , " ■' 
 
 granted. judge witiiout due security being first taken. 
 
 When judge in- 21. When the judge of probate shall be interested in 
 ctrta'n^amount ^^^ ^^^^Q of the deceased as heir, legatee, debtor or creditor, 
 case to be trans- to the cxtcut of two hundred pounds and unwards. or as 
 
 ferred to tlie , j • • i j i ^ . ' , 
 
 next county, executor or administrator, or when a person so interested, 
 after proceedings have been had before the court of probate, 
 shall be appointed judge thereof, the case shall be trans- 
 ferred to the probate court of the next adjoining county, 
 and shall there be disposed of and settled ; and so soon as 
 such estate shall be settled, the judge shall transmit to the 
 court of probate where the deceased last dwelt, a certified 
 copy under his hand and the seal of his court, of his pro- 
 ceedings therein, and such proceedings shall be entered and 
 
TITLE XSXIV.] PROBATE COURT. 431 
 
 recorded in the books of registry of the court to which Chap. 130. 
 they are so transmitted. . 
 
 22. No iudge or registrar shall be directly or indirectly Juflge nor ro- 
 
 1 J 4? • 11 J 1 j-i giatrar to be of 
 
 employed, or proiessionally concerned, as counsel, attorney, eounaei with 
 solicitor, proctor, or advocate, for any party in any matter ''"^ T^^'^^y- 
 pending or to be brought before the court of which he is 
 judge or registrar. 
 
 23. The registrar shall have the care and custody of all ^^fg^'jegijj^ --e 
 papers and books to the probate office belonging, and in of books, &a. -, 
 case of the death, sickness, or necessary absence of the glSrliowap- 
 registrar, the judge may appoint and swear into office some po'n'o^- 
 
 fit person to officiate in his atead until the standing registrar 
 shall be able to attend his duty, or until a new one be duly 
 appointed. 
 
 24. The registrar shall keep a book for the registration Different books 
 of wills, a book for the registration of decrees and orders of registrar!^ ^ 
 sale of real estate, a book of acts or a book containing a 
 
 short abstract of the proceedings of the court, properly 
 indexed. 
 
 25. Every oath administered to an executor or admi- oathatobesub- 
 nistrator on entering into office shall be subscribed in t?ng.° 
 writing. 
 
 26. In the book for the registration of wills, all original Wilis, how re- 
 wills are to be registered, and all interlineations, alter- ^'* °'* ' 
 ations, or apparent erasures not noticed in the attesta- 
 tion, are to be noted at the foot of the record, so as to 
 
 be as nearly as possible an exact and literal transcript of 
 the original. 
 
 27. No judge of probate shall permit an original will h^^Se™^ "^ 
 to be in any case taken out of the province, or to be remo- office. 
 
 ved from the office but for the purpose of being produced 
 in the supreme court, and then only on security being taken 
 for its safe custody and return. _ ■ ' .' 
 
 28. AH decrees are to be regularly filed and regis- JDe&ms^to^be^^ 
 tered. t^red. ° ,, 
 
 29. All letters of guardianship and letters ac^ coZZiaen- Letters of guar 
 
 7 , , . , ° J dianship to be 
 
 aum are to be registered. .,^- registered. 
 
 30., All applications for the probate of wills or letters Applications 
 of administration may be made either verbally or in writing; iettJi™of admi^ 
 all other official, acts and orders shall be in writing. SJfdetactsand 
 
 31. "Where such application is verbal, it shall be made ^""^^Wj" ^^ ™ 
 to the registrar of the court of probate at his office, who verbafappiioa- 
 shall thereupon enter such application in the act book, and ^om, how 
 shall, upon such entry being signed by the party making 
 
 such application, submit the same to the judge for his f.at 
 thereon. 
 
 32. Whenever application shall be made to a judge of Applications 
 
 , , , „,. ^J^, ,. , .,,•' ° J for filing and 
 
 probate lor nling and recording a copy oi a win proved recording wiUs 
 without the province, the testator having real or personal S^rprov'inoe,'''^ 
 property within his jurisdiction, he shall order the registrar ^"e'din-s^iiiM&i 
 to give public notice in the royal gazette uewspaper at on. 
 
432 PROBATE COURT. [PART m. 
 
 Chap. 130. Halifax of the application and of the time and place when 
 
 the application will be heard. 
 Rigbta of par- 33. In all cases of application for letters of administra- 
 p'rovTnoo^to bo tion or probate when the party or any one of several par- 
 plSfonitor''' ^los entitled to administration or probate is without the 
 ^iministration, province, the judge shall reser\ge the right of such absent 
 
 person, but shall proceed notwithstanding. 
 Compulsory 34 ^\[ compulsor.v process shall be directed to the 
 
 airected. shcriif or his deputy, or to the coroner, 
 
 wher^eexeoutor ^^- Upon being required by the judge of probate to 
 fie, required to' render an account, the executor or administrator may 
 coSntl^ oi"atfon, apply to the judge for a citation requiring the creditors 
 thei/fOTm'''&c. ^^'^ "6^* o^ ^^^ 0^ ^^^ deceased, and the legatees, if any, to 
 appear before him on a day therein to be specified, and to 
 attend the settlement of such account ; such citation shall 
 be served personally on all those to whom it shall be directed 
 living in the county of the judge, at least fifteen days be- 
 fore the return thereof, and upon those living out of the 
 county, or whose residence may be unknown, either per- 
 sonally fifteen days previously, or by publishing the same 
 in the royal gazette at least four weeks before the return 
 thereof The citation to be in the form in the schedule. 
 Citations on fl- 36. It shall not be necessary to serve any citation pre- 
 to whom direct^ paratory to the final settlement of an estate upon any credi- 
 " ' tor whose debt shall have been paid, nor upon any legatee 
 
 or next of kin, unless the judge of probate shall order such 
 service and shall in such order name the parties to be so 
 cited. 
 Who may serve 37, ^^v literate person may serve such citation, and an 
 
 citation ; ser- ~,,..*^ .. n ^ • 7 * i ii 
 
 vice how veri- amdavit m writmg 01 the service having been regularly 
 
 ■ hoVborne"^^' made, by the person serving the same, taken before the 
 
 judge or registrar or any justice of the peace, and filed in . 
 
 the registrar's office, and specifying the time and place of 
 
 service, shall be sufficient; the expense of which service 
 
 shall be borne by the party at whose instance the same was 
 
 granted, or paid out of the estate, as the judge ma^'^ direct. 
 
 terested'ma '■°" ^^" "^^^ pcrson interested in the estate of the deceased 
 
 contest the final may attend the settlement of such account and contest the 
 
 settlement. game, and may obtain from the judge process to compel the 
 
 attendance of witnesses. 
 Executors. &e., 39. On making his account, every executor or adminis- 
 vouSrs^^may trator shall produce vouchers for all debts and legacies paid, 
 Spo1f*o"thl"^ and for all funeral charges and expenses ; and such execu- 
 t""hiii?n ^' h""^" *°'" °^ administrator may be examined upon oath by a 
 vouched; master under an order of the court or by the judge of 
 
 probate, touching any property or effects of the deceased 
 which have come to his hands or knowledge, and the dis- 
 position thereof, and -such executor or administrator may 
 be allowed any item of expenditure not exceeding forty 
 shillings, for which no voucher is produced, if such expen- 
 diture be supported by his own oath positively to the fact 
 
TITLE XXXIV. PROBATE COtTET. 433 
 
 of payment, specifying when and to whom the same was Chap. 130. 
 paid, and snch oath being uncontradicted. ' 
 
 40. 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 voeaie their" " 
 every party maj'- prepare and file his own papers, and advo- ''^" oaisea. 
 cate his own cause therein. 
 
 41. The testimony adduced before any fudge of probate Testimony to 
 
 , -^ f. J. -u ■ / J & f prove a will or 
 
 in relation to the proor oi any will, or in any controversy touching a con 
 before him, shall be reduced to writing and filed. in''writmg''and 
 
 42. When any will shall be offered for probate, and the ''^®'^- 
 witnesses live out of the province, or more than thirty yed \hen wit- 
 miles distant, or by reason of age or sickness are unable to aSent'or''8'iok. 
 appear and give evidence in court, the deposition of such 
 witnesses in writing, taken before any person duly authori- 
 zed by the judge of probate, shall ha^e the same force and 
 
 effect as if such witnesses were present and testified in open 
 court. 
 
 43. Any hearing may be adjourned from time to time Hearings may 
 as shall be necessary, and the judge may appoint one or auditOTs™p. ' 
 more auditors to examine the accounts before him and to P<"°'«'i- 
 make report thereon under oath, subject to his confirmation, 
 
 and may make a reasonable allowance to such auditors, to 
 be paid out of the estate. 
 
 44. The final settlement of the account and the allow- nnai aettie- 
 ance thereof by the judge, or upon appeal, shall be con- "w'ancr o/ ac- 
 clusive evidence against all creditors, legatees, next of kin f ""t^u shau''be 
 of the deceased, and all persons in any way interested in conclusive evi- 
 the estate upon, whom the citation shall have been served, 
 
 either personally, or by publication as herein directed, of 
 the following facts: 
 
 First.^ — That the charges made in such account for monies 
 paid to creditors, to legatees, to the next of kin, and for 
 necessary expenses, are correct. 
 
 Second. — That such executor or administrator has been 
 charged all the interest for monies received by him and 
 embraced in his account, for which he was legally account- 
 able. 
 
 Third. — That the monies stated in such account as col- 
 lected, were all that were collectable on the debts stated 
 in such accounts at the time of the settlement thereof 
 
 45. The judge shall tax and award such costs as ^^e costs, how ai- 
 allowed by law, to be paid by the party against whom the and recovered j 
 decision may be made in any matter contested before the tfoT^rovMBd^' 
 court, and if against the executor or administrator, to be 
 
 paid out of his own estate or out of the estate of the 
 deceased, as may be just and proper, which taxation and 
 order shall have the like effect as a judgment in a court of 
 record, and execution may be issued by the judge in the 
 form in the schedule. Any such taxation or order may be 
 reviewed by the supreme court, or by aijy judge at cham- 
 bers, upon notice given to the party in whose favor the 
 
 ,-» <i#-' 
 
:34 PROBATE COURT. [PABT in. 
 
 }hap. 130. taxation and order may be made, without any appeal being 
 entered and perfected, and such order made therein as to 
 puch court or judge shall seem just and proper. 
 
 aiueofestatos 46. The value of an estate in reference to the fees pay- 
 
 s to fees, now -,.. ini -i-ini-i ii 
 
 itimatedmthe able thereon shall be ascertamed m the nrst instance by the 
 rst instance. ^^^^ ^£ ^j^^ administrator or executor to his belief of the 
 value thereof, to be regulated however eventually, by the 
 actual amount, 
 ppeais to su- 47. Auv person may appeal from any order, sentence, 
 rovided ; time decree. Or denial of the judge of probate, to the supreme 
 ppe™*°bon(i' court at its next sitting in the same county, or directly to 
 henioteoiBd. ^he Supreme court in Halifax, whenever the supreme court 
 shall meet in Halifax, previously to the sitting in the county 
 from whence such afipeal is mad6, which courts shall have 
 power to confirm, alter or reverse the same, and the appel- 
 lant shall, within thirty days from the making of such order, 
 sentence, decree or denial, enter his appeal, and file in the 
 registry of the court of probate a statement of the grounds 
 on which the appeal is sought ; and also, within ten days 
 thereafter, shall file a bond to the judge, with two sureties 
 to be approved by him, in the penal sum of sixty pounds, 
 conditioned for the payment of such costs as may be 
 awarded against him upon such appeal, and such appeal, 
 when so perfected, shall be a stay of proceedings, 
 ause may be 48. In case it shall appear that the ends of justice will 
 smitted. Y)Q promoted thereby, the appeal court may remit the cause 
 
 to the probate court for a further investigation of facts, or 
 more perfect consideration, with such instructions and upon 
 such terms as may be deemed advisable, 
 [earing of ap- 49. When an appeal shall have been duly perfected, the 
 '"^^' appellant may cause the same to be heard before any two 
 
 judges of the supreme court, at chambers, upon a rule nisi 
 'judgment there to be obtained. If their decision shall confinn the 
 "^ ■ decision appealed from, the same shall be final. If the 
 r reversed, judgment appealed from be reversed or altered, then, upon 
 the motion of any party who may be dissatisfied, such 
 cause may be entered and argued before the judges in 
 term, as heretofore. 
 intering the 50. In casc the appellant, after fourteen days' notice to 
 ppeai. Y)e given him by the respondent requiring him to enter the 
 
 appeal for argument at chambers, shall neglect so to do, 
 then the respondent shall be entitled to enter the same, and 
 shall also be entitled to a rule nisi, to confirm the decision 
 of the judge of probate, 
 udge to trans- 51. Upon the appeal being perfected, and the fees for 
 ios'V/pape°rt ^^'^'^S *^® copies hereafter mentioned being paid, the 
 e. to the court judge of probate shall immediately transmit to the court in 
 appea . ^hich the appeal is to be heard and determined, a copy of 
 the appeal, and of all such papers, documents and testimony, 
 as shall be ordered by the court, or any judge thereof at 
 chambers, on the subject of the appeal, with a statement of 
 
TITLE XXXIV] . PROBATE COURT. 435 
 
 the decision made by him, certified under his hand or that Chap. 130. 
 of the registrar. : 
 
 52. If upon the appeal having been perfected, and the Oourt of appeal 
 fees allowed in the previous section tendered, the judge of lum ^o"/ "papers 
 probate shall neglect to transmit the appeal and papers con- j^JJ,"*"^®"* "*' 
 nected therewith to the coiirt wherein the appeal is to be 
 heard and determined, on due proof thereof the court may 
 proceed to enforce the return by attachment as for a con- 
 tempt. 
 
 ' 53. The supreme court, or any judge at chambers, upon on speeiai 
 special cause shewn at any time within six months after the peafs'may Te 
 time limited for entering and perfecting an appeal, may tix°montha"''" 
 allow an appeal upon such terms as may seem just, in which a"er the ordi- 
 case the same proceedings shall be had as if the appeal had elapsed, 
 been originally entered in the court of probate. 
 
 54. The court in which the appeal is heard may direct Costs may be 
 the costs thereof to be paid personally by the parties SJurT of appeal^ 
 against whom such costs shall be awarded, or out of the ^"fy^^^^^.""" 
 estate which may be the subiect of appeal. The payment bonds how and 
 of the costs may be enforced against the appellant by execu- secuted. 
 tion or suit on the bond, and against other parties by exe- 
 cution; but no such suit on the bond shall be commenced 
 
 without the order of the court of appeal or a judge 
 thereof. 
 
 55. The court of appeal when any matter of fact shall ^"'^^^if™*! 
 arisOj may, if they think fit, order a feigned issue to be made ™*^ 
 
 up, and prescribe the manner of making the same, and 
 direct the county in which the same shall be tried; and shall 
 have power to grant new trials thereof, and to order by 
 whom, and in what manner the costs attending the determi- 
 nation of the issue shall be paid : the final determination of 
 such issue shall be conclusive as to the facts therein con- 
 troverted. 
 
 56. Any executor knowing of his being named as swch, Forfeiture for 
 and neglecting without sufficient reason to cause the will gilot'topro'e 
 to be proved and recorded in the probate court of the »wiii. 
 proper county, or to present such will and declare his 
 
 refusal of the executorship, shall forfeit after the lapse of 
 the first month, five pounds for every month he shall neglect 
 his duty therein; which may be recovered to his own use 
 by any person having an interest in the estate of the de- 
 ceased, in an action of debt. 
 
 57. Upon the refusal of the executor to accept the tVust, Administration 
 the judge of probate shall commit administration of the Tilnexed may 
 estate with the will annexed to those who would have been ^hfre°exooutor 
 entitled to the administi^ion thereof if the deceased had refuses to act. 
 died intestate. A.^ 
 
 58. The supreme court or court of probate may, if they An executor 
 shall think fit, upon summary application and upon due S^i^V^bonds 
 proof that the executor is wasting the estate, order the ^fXtVfTa'ste. 
 executor to givo security for the performance of his duty; 
 
 28 
 
436 PEOBATE COURT [PART III, 
 
 Chap. 130. and, if he shall not obey such order, shall cancel his autho- 
 ' rity ; and the court of probate shall thereupon appoint 
 
 another executor who shall have full authority to proceed 
 
 with the settlement of the estate. 
 Administrat'on, 59. Administration of an intestate estate shall be granted 
 
 to whom grant, , „ ,, i. • ii i- i 
 
 ed, and in what to some one or more 01 the persons heremaiter mentioned, 
 '"'''®''' and they shall respectively be entitled thereto in the follow- 
 
 ing order: 
 
 First. — The widow or next of kin, or both, as the judge 
 of probate shall think fit ; and if they do not voluntarily, 
 either take or renounce administratipn, they shall, if resident 
 within the county, be cited by the judge for that purpose. 
 Secondly. — If the persons so entitled shall fail without 
 sufficient cause, to take out administration, within thirty 
 days after the decease of the intestate, the judge of probate 
 shall commit it to one or more of the principal creditors, 
 if competent and willing to undertake the trust, or to any 
 other person on the application of one or more of the credi- 
 tors duly proved to be such, as he shall think fit. 
 
 Thirdly. — If the deceased were a married woman, admi- 
 nistration of her estate shall be granted to her husband, if 
 willing to undertake the same, unless she shall by force of 
 a marriage settlement, or other lawful power, have made 
 some testamentary disposition of her separate estate, or 
 some other disposition which shall render it necessary or 
 proper to appoint some other person to administer her 
 estate, 
 jndge may as- CO. In case such of the next of kin as shall be considered 
 iS^admStal!'^ by the judge best qualified to administer in any estate shall 
 ton with the dcsire it; the iudge may associate with him in the adminis- 
 
 next of jtin. . 7jo j i-nr'iT pi 
 
 tration, such person as he may think nt and proper for that 
 
 purpose. 
 An ariministra- 61. When administration of the "estate of any person 
 dyingourof"" dying out of the province shall have been granted in the 
 a^p&'inK°ftr pl^ce wherc the deceased was last domiciled out of tbe pro- 
 aflministration vince, and the person to whom the same was granted shall 
 preferred'. ° * ^'Pplj to have administration of such part of the estate as 
 
 may be within the province, he shall be preferably entitled 
 
 thereto, and the administration to him granted by the judge 
 
 of probate shall supersede any other administration thereof. 
 A previous, ex- 62. When the authority of an executor or administrator 
 maybe citedby ^^^11 ccase he may be cited to account before a judge of 
 bis successor to probate, at the instance of the person succeediag to the 
 
 administration of the estate. 
 Administrator 63. Every administrator shall, before entering on the 
 to give bonds, execution of his trust, give bond with two sureties to be 
 
 approved of by the judge, in such sum as he shall order, 
 
 and in the form in the annexed schedule. 
 Administrator 61. The judge of probate, may, if he shall think fit, on 
 to°'enterXtr'^ Summary application and due proof that any bondsman on 
 aewbond. any administraiion bond has died, or become insolvent^ 
 
TITLE XXXIV.] PROBATE •COURT. 437 
 
 order the administrator to enter into a new bond with two Chap. 130. 
 sureties, to be approved by the judge, in such sum as he '' 
 
 shall order ; and if the administrator shall not obey such 
 order, may cancel his authority, and thereupon proceed to 
 appoint a new administrator in the same manner as if such 
 administrator were deceased. 
 
 65. The bond to be taken on such new administration. Bond to be in 
 shall be as near as may be in the form of the administration ®'™^"wseii. 
 bond, making the necessary alterations. 
 
 66. The executor or administrator to whom letters tes- fli^^"'?S'.*° '"' 
 tamentary, or letters of administration shall have been three months, 
 granted, shall within three months thereafter, unless the 
 
 court on petition allow further time therefor, exhibit and 
 file, in the registrar's office upon oath, a full and true inven- 
 tory of the real and personal estate of the deceased, which 
 shall have come to his possession or knowledge. 
 
 67. If any real or personal estate of the deceased shall fories^ma°^T 
 come to the possession or knowledge of the executor or filed, 
 administrator after he shall have filed such inventory, 
 
 he shall within a reasonable time thereafter, file in the 
 registrar's office a further inventory of the same upon 
 oath. 
 
 68. Any executor or administrator neglecting to file Kne for ne- 
 such inventory after having been duly cited to file the same, mventm-y%cw. 
 shall forfeit five pounds for each month's neglect, to be recovMabie."' 
 recovered by any person having an interest in the estate of 
 
 the deceased, in an action of debt. 
 
 69. In making such inventory, the following articles Articles to be 
 shall be omitted, and shall not be considered as assets, nor iSventor""" 
 be administered as such, notwithstanding the estate of the 
 deceased should be insolvent, viz : 
 
 First. — All the paraphernalia and articles of apparel or 
 ornament of the widow, according to the degree and estate 
 of her husband, and also the apparel of the minor children. 
 
 Secondly. — The wearing apparel of the deceased not 
 exceeding ten pounds in value, which shall be distributed 
 at the discretion of the executor or administrator, among 
 the family of the deceased. 
 
 Thirdly. — Such provisions and other articles as shall be 
 necessary for the reasonable sustenance of the widow, if 
 any, and also of the family of the deceased, for ninety days 
 after his death. 
 
 70. The judge on granting letters of administration, or Warrants of ap- 
 letters testamentary, and as often afterwards as may become wheTMfdriow 
 necessary or advisable, shall, by a warrant of appraisement, aera'^fjes!^^^" 
 appoint two or more disinterested persons to estimate and 
 appraise all the real and personal estate of the testator or 
 intestate ; and such appraisers shall be entitled to receive a 
 reasonable compensation for their services for the time they 
 
 may be actually employed, not exceeding ten ^hillings for, 
 each person per day. 
 
 X 
 
438 PROBATE COURT. [PART III, 
 
 Chap. 130. 'ji^ When appraisers are so appointed, the inventory 
 
 When property shall be made by the executor or administrator with the 
 
 eesfaerr may aid of such appraisers ; and when property shall be in differ- 
 
 tavMitodesT'^ ®"* ''"^^ distinct places,two or more inventories may be made; 
 
 warrant to' be and evcry such warrant of appraisement shall be returned 
 
 taventory. and filed in the registry of probate with the inventory. 
 
 Appraiser's 72. Before proceeding to make the appraisement, the 
 
 whom''to°be appraisers shall be sworn by the judge or registrar, or a 
 
 ^t^e'^to' bron' justice of the peace, truly and impartially to appraise the 
 
 the warrant, property which may be exhibited to them according to the 
 
 best of their knowledge and ability ; the taking of the oath 
 
 shall be certified on the warrant of appraisement by the 
 
 person administering the same. 
 
 Executors, 4c., 73. Evcry executor or administrator, previous to the 
 
 the%oyai'ga-"' payment of debts or distribution of the estate of the 
 
 to"bi Ss^d deceased, shall, by advertisement in the royal gazette news- 
 
 ^cordingto paper, in all cases where the estate shall be under two hun- 
 
 informal attes- drod pounds for One month, and in other cases for six 
 
 .^a^nsf™^"'^"' months, call on all persons who have any demands upon the 
 
 estate of the deeeased, to exhibit such demands within one 
 
 year from the date of the advertisement, — all which demands 
 
 when exhibited shall be attested to by the party, or in his 
 
 absence from the province by his agent, before the judge or 
 
 registrar or a justice of the peace, and the affidavit shall be 
 
 in the form in the annexed schedule, but no account shall 
 
 be rejected by a judge in his final decree for any mere 
 
 informality in the same, or the attestation thereof, unless 
 
 he shall be satisfied that the party claiming to be a creditor 
 
 shall have had notice of such informality. 
 
 •Bxectftor,ac.,a 74. When the executor or administrator shall be a 
 
 account one Creditor of the estate, he shall file in the office of the regis- 
 
 .aistributfon™ trar at least one month before the distribution of the estate, 
 
 a true and correct account of all dealings between the 
 
 deceased and himself, verified by affidavit in the form in the 
 
 annexed schedule. 
 
 :Haming a debt- 75. The naming of any person executor in a will shall 
 
 •riiai'i not extin- Kot operate as a discharge of any claim which the testator 
 
 guish a debt jjg^j against him, but such claim shall be included as part of 
 
 the estate of the deceased in the inventory, and such 
 
 executor shall be lia+ile for the same as for so much money 
 
 assets of the estate in his hands at the time when such debt 
 
 or demand shall be due, and shall apply and distribute the 
 
 same as part of the personal estate of the testator. 
 
 Exeoutot,**., 7'6. Every executor or administrator, at the expiration 
 
 monthsto py of 'eighteen months from the date of the letters testamen- 
 
 makt*totribu- tary o.r letters of administration, advertfsement having been 
 
 bution. made as hereinbefore prescribed, shall pay all such legal and 
 
 just claims as shall then be exhibited, so far as the estate of 
 
 the deceased in his hands will enable him ; and shall make 
 
 Buch distribution of the surplus as directed by the will of 
 
 the deceased or by this chapter. 
 
TITLE XXXIV.] PROBATE COURT. 439 
 
 77. The judge of probate on the application, after eigh- Chap. 130. 
 teen months from the date of the letters of administration Executor or ad- 
 or probate, of any party interested as a creditor, legatee, Slly'broUedto 
 or next of kin, or as surety on the administration bond, may account, 
 cite the executor or administrator to render an account, 
 
 and to proceed to have the same settled according to law ; 
 and on the settlement of any administrator's or executor's 
 account, the judge of probate may proceed to adjust the 
 claims of creditors, subject to appeal, as in other cases. 
 The costs of the proceedings on citation to render an 
 account shall not be allowed against the executor or adminis- 
 trator, unless the party at whose instance such proceedings 
 shall have been had, shall first have given ten days notice 
 to such executor or administrator, requiring him to render 
 such account. 
 
 78. After eighteen months from the date of letters of Executor or ad- 
 administration, any executor or administrator may cite a mLycUahisoo- 
 co-administrator, or co-executor to account before the judge ; admSrator'" 
 and thereupon the judge may compel the party cited to to account. 
 proceed to the settlement of his account, as between him 
 
 and the party at whose instance he was cited, or may order 
 all the administrators or executors to proceed to the settle- 
 ment of their accounts as prescribed in the thirty-fifth 
 section. 
 
 79. In the settlement of the accounts of executors or in settlement of 
 administrators, or in any matter pertaining thereto, the court Sf'probale''to" 
 of probate shall have the same power which was enjoyed po^/arohan- 
 by the court of chancery. oory- 
 
 80. <The judge of probate may order the surplus assets Distribution of 
 remaining after the settlement of an executor's or adminis- surplus assets, 
 trator's account to be distributed among the parties enti- 
 tled thereto. 
 
 81. The judge of probate, may, on summary applica;- J^j'^e^^ay^or- 
 tion, if he shall think it for the interest of the estate so paid by execn- 
 to do, order any money in the hands of the executor or J^ato? int'S'"'^ 
 administrator to be paid into any chartered bank in this ^'>■'^^• 
 province to the credit of the estate; and when money shall 
 
 be so paid, the bank shall not permit the same to be with- 
 drawn without the order of the court of probate. 
 
 82. If the deceased at the time of his death, were liable ^'^™^J^J;™*?J 
 to perform any contract for the sale and conveyance of any red to convey 
 real or personal estate, the judge shall have power to tostate'has'coni 
 declare the administrator trustee thereof, so far as may be ^^^"'^'^ ^"^ '^' 
 necessary for performing such contract; and thereupon such 
 adr&inistrator shall have power to execute the necessary 
 conveyances for the performance thereof, and shall hold 
 
 the purchase money, subject to the same rules of descent 
 and distribution, as if the conveyance had been made and 
 the consideration received in the life time of the deceased. 
 
 83. Any executor or administrator may make oath before ^^^^^^'^^gf" 
 the judge of probate who has granted administration of the oiared inaoi- 
 
440 PROBATE COURT. [PART III. 
 
 Chap. 130. estate, that he.believes the same to be insolvent, and the 
 vent; order of judge may, if he shall think fit, by an order for that purpose, 
 be^piISr''^ declare the estate insolvent, and the executor may plead 
 power of judge guch Order in bar of any legal proceedings instituted against 
 on petition i ap- such oxecutor or administrator for any cause of action 
 oases. '" *"*'*' accruing in right of the deceased, and judgment shall there- 
 upon be given in favor of such executor or administrator. 
 On the petition of any creditor or person interested in the 
 insolvent estate, the judge of probate may proceed to 
 adjust the claims of all parties interested therein, and to 
 settle the estate ; and where the judge shall decide against 
 any creditor in respect of any controverted claims, the credi- 
 tor may appeal to the supreme court in like manner as by 
 this chapter is provided in respect to appeals from other 
 decisions of the judge of probate. 
 Order of distri- 84. In the settlement and distribution of the insolvent 
 ontiaf o'laSns"" estate of any deceased person, the whole of the real and 
 *"■ personal estate remaining after payment of the funeral 
 
 charges, the necessary medical and other attendance on him 
 during his last illness, and the expenses attendant on the 
 settlement of the e'state, shall be distributed among those 
 creditors who shall have rendered their accounts duly 
 attested, within the period before prescribed in the follow- 
 ing manner : 
 
 First. — Domestic and farm servants and rent, to be paid 
 in full when not more than a year's wages or rent is due, 
 the excess to be on the same footing as other claims. 
 
 Secondly. — All other creditors to be paid in proportion 
 to the amount of their respective debts. 
 Mortjages and 85. Nothing in the preceding section contained shall 
 othirc°a?m3° affoct debts due on mortgages of real or personal estate, 
 Sd^by'"tiie*us't ^^ °^ judgments registered in the lifetime of the deceased 
 geetion. person, SO far as the value of the property so mortgaged or 
 
 lands bound by such judgment shall extend and no more, 
 leaving the mortgagee or judgment creditor at liberty to 
 claim as any other creditor for any balance that may remain 
 due to him after the value of such property or lands shall 
 have been realized ; or as affecting the widow's dower in real 
 estate, or to prevent any creditor who may not have exhi- 
 bited his attested account as before prescribed, from reco- 
 vering his demands against the estate of any deceased person 
 to such amount as may remain in the hands of the executor 
 or administrator for distribution after the settlement of the 
 estate ; nor to affect mortgages duly executed and recorded, 
 and judgments docketed and duly recorded before the nine- 
 teenth day of March, one thousand eight hundred and forty- 
 two. 
 When sale of 86. In cascs whcre tlie estate of a testator or intestate 
 .canSbem*ade is divisible amongst the next of kin, being collateral heirs, 
 wHihout^prej^u- and such division, or the division of any particular portion 
 ordeV the whole thereof, caunot be made without prejudice to the whole 
 
TITLE XXXIV.] PROBATE COURT. 441 
 
 * 
 
 estate, the judge of probate may order the whole, or, after Chap. 130. 
 the division of the residue, the whole of a particular por- to one heir, on 
 tion, to the eldest of the heirs that may be in this province, ^iL^l^^ ^^''^' 
 and on his refusal, to the other heirs so being in the pro- 
 vince, successively, in the order of their ages, such heir 
 paying to the other heirs their shares of the value of such 
 estate, or giving satisfactory security for the payment 
 thereof, with six per cent, interest thereon. 
 
 87. Such order shall be made, and guardians appointed. Order, how 
 and other proceedings had, as prescribed by the sixth sec- ' 
 tion. The relative ages of the heirs shall be ascertained Ages^ofheira, 
 by the affidavit of the applicant as to the facts, according ed. 
 
 to bis- belief. 
 
 88. If any trustee or executor, empowered by any last •Administrator 
 will and testament to sell and convey lands of the testator, may execute a 
 shall have heretofore made and entered into any contract ag?Mduponhy 
 for sale thereof, but shall have died before the full payment '^^^'^H^^'^^"^' 
 of the purchase money, and without having executed a 
 conveyance, and there be no executor or administrator of 
 
 such testator, the administrator de bonis non of the testator, 
 may, upon receipt and payment of the purchase money, 
 execute a conveyance of such lands to the purchaser or 
 any other person entitled thereto. 
 
 8&. If such trustee or executor shall have brought an Administrator 
 action on such contract or agreement against the purehaser, may°reeovor' 
 and obtained a judgment therein, the administrator de bonis Se"™y ^el 
 non of the testator, may take proceedings to recover the oeased execu- 
 amount due on such judgment under the 132nd section of ' 
 chapter 134, part first ; and shall, for that purpose, be held 
 to represent the said trustee or executor. 
 
 90. Where the executor or administrator shall have ob- Notice of sale 
 tained a license for the sale of the real estate of the decea- by license, how 
 sed, he shall give public notice of the time and place thereof s'^®"- 
 
 by advertising the same in the royal gazette at Halifax, and 
 by posting up notices thereof in the township or settlement 
 wherein the lands lie, for thirty days previous thereto, and 
 shall proceed to sell the same by public auction at the time 
 and place named in the advertisement. 
 
 91. Where the executor at, the time appointed for the ^,fj^™^''^g^g''ff 
 sale shall deem it for the interest of all persons concerned advisable; no- 
 therein, that the sale should be postponed, he may adjourn mcnt to fr "'" 
 
 ven. 
 
 le gi- 
 
 it for any time not exceeding thirty days, and shall give no- 
 tice of such adjourned sale by posting up notices thereof. 
 
 92. The affidavit of the executor or administrator, made ^^^^^1°^^^: 
 before a judge or registrar of probate, and filed in the regis- denceof sale, 
 try within one year after the sale, shall be admitted as evi- 
 dence of the time, place and manner of the advertisement 
 
 aad notices. 
 
 93. All deeds of conveyance, mortgages or leases, made f/|fl|;jt„°a;i*as'?f 
 pursuant to the license, shall have the same effect as if made made by de- 
 
 t ., 1 , ■ ' ceased. 
 
 by the deceased. 
 
42 
 
 PROBATE COURT, 
 
 [mr m. 
 
 ssperata 
 
 3SP' 
 
 ibtE 
 
 mTeyance un" 
 ir chapter. 
 
 >mmissioii9 to 
 :6cutor8, &c., . 
 3w adjusted. 
 
 HAP. 130. 94. An executor or administrator, at any time after the 
 lapse of twelve months from the issuing of probate or let- 
 ters of administration, may file an affidavit in the registry of 
 the court, with a schedule of desperate debts attached, con- 
 taining the particulars of dates, names, and amounts, setting 
 forth therein that such debts are, as he believes, desperate, 
 and that he has been unable to collect the same ; and there- 
 upon the judge of probate may make an order for the equi- 
 table division of the same among the creditors, next of kin, 
 or other parties entitled, or may appoint auditors for that 
 purpose, whose judgment shall be subject to confirmation 
 by the court ; and on the division which may be ordered 
 by the court, the parties to whom the debts are allotted 
 shall have all the rights and remedies for the recovery in 
 their own names of the debts assigned, which such execu- 
 tors or administrators possessed. 
 
 95. Every conveyance made under the provisions of this 
 chapter, and registered in the county where the lands lie, 
 shall be taken as presumptive evidence that all the proceed- 
 ings on which the same is founded were rightly had. 
 
 96. In the settlement of any estate, the executors or ad- 
 ministrators may be allowed over and above all such actual 
 and necessary expenses as may appear just and reasonable^ 
 a commission not exceeding five per cent, on the amount 
 received by them ; and the court further may apportion 
 such commission among the executors or admiBistrators of 
 any estate as may appear just and proper, according to the 
 labor bestowed, or responsibility incurred by them respec- 
 tively. 
 
 97. 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. 
 
 98. 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. 
 
 99. Where any oath prescribed by this chaptei" is re- 
 quired to be taken before a judge or registrar, and the party 
 to make such oath lives out oi the province, or more than 
 thirty miles distant, or by reason of age or sickness is una- 
 ble to appear before such judge or registrar, the oath of 
 such party taken in writing, before any person duly autho- 
 rized by such judge, shall have the same effect as if taken 
 before the judge or registrar. '' 
 
 100. The forms in the annexed schedule shall be otS^r- 
 ved as near as may be in the court of probate. 
 
 specific lega- 
 r as compensa- 
 oi* fco an" exe- 
 itor, unless re- 
 mnced, shaU 
 ! in lieu of 
 )iumlssion. 
 
 irrogate, ap- 
 -^ntment, 
 iweiB of, &e. 
 
 id^e may au- 
 korizo persons 
 • administer 
 ith in certain 
 
 .ses. 
 
 )rms to he ob- 
 rved. 
 
TITLE XXXIV.] PROBATE COURT. 44'3 
 
 SCHEDULE. Chap. 130. 
 
 Form of affidavit to he annexed to any account or claim ren- 
 dered by a creditor to an executor or administrator. 
 
 A. B. of ,maketh oath and saith, that the foregoing 
 
 paper writing doth contain a true and correct account of 
 
 his demand against the estate of — = , deceased, and that 
 
 all the credits to which the deceased was honestly and 
 justly entitled, so far as deponent believes, have been given 
 
 on said account ; and that the balance of is justly 
 
 and truly owing to deponent. 
 
 Sworn before me at , this day of . 
 
 Citation. 
 Nova Scotia, 
 
 To A. B. of , in the county of , 
 
 Greeting : 
 Whereas, A. B., executor \or administrator, or other per- 
 son interested as the case may be,] hath prayed that you may 
 appear and \here state in short forms the object,] you are 
 therefore required to appear before me at a court of pro- 
 bate, to be held at , within and for the said county, 
 
 on the day of ■ — '■ — next, to [here state in short forms 
 
 the object.] 
 
 ■■ Given under my hand and seal of the said court, this 
 
 day of , 18—. 
 
 C. D., judge of probate. 
 E. P., registrar 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 my office in , on the 
 
 day of next coming, to answer concerning a con- 
 tempt 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. ; ■■fe^! 
 
444 PROBATE COURT. [PARY III, 
 
 Chap. 130. Execution. 
 
 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 execur 
 
 tlon as before,] to levy pf the goods and chattels of , 
 
 within your bailiwick, the sum of , for costs awarded 
 
 in favor of ■, in a certain proceeding lately had before 
 
 me as judge of probate in and for the said county, and 
 
 have that money before me at my office in , within 
 
 thirty days from the date hereof, to be rendered to the said 
 
 , and for want of such goods and 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 hereof within thirty 
 days from the date hereof 
 
 Given under my hand this day of , 18 — . 
 
 C. D., judge of probate. 
 E. F., registrar. 
 
 Warrant of appraisement. 
 
 Nova Scotia, county of , ss. 
 
 To.A. B., &c. 
 
 Greeting : 
 
 You are hereby appointed and empo\vered, to take an 
 
 inventory of all the real estate, goods, chattels and credits, 
 
 of which late of , in the county aforesaid died 
 
 seised or possessed within the province, and according to 
 your best skill and judgment truly to appraise the same, 
 which, when completed, you are to deliver to the executor 
 or administrator of the said deceased, to be returned toge- 
 ther with this warrant, in three months from the date 
 hereof 
 
 Given under my hand this daj'^ of , 18 — . 
 
 S. S. C. D., judge of probate. 
 
 The above named appraisers personally appeared before 
 me and made oath that they would faithfully and impartially 
 perform the services to which they are appointed by the 
 above warrant. 
 
 Bond on appeal. 
 
 (The bond to be taken for pounds, payable to the 
 
 judge of probate in the same manner as administration 
 bonds, and conditioned as follows :) 
 
 Whereas the above bounden hath appealed fronj 
 
 the decision of the judge of probate, made in a certain 
 matter now pending before the said judge. Now the con- 
 dition of this obligation is such that if the said shall 
 
TITLE XXXIV.] PROBATE COURT. 445 
 
 ■well and truly pay such costs arising from such appeal, and Chap. 130. 
 to such person as the court of appeal may order and direct, 
 then this obligation to be void, otherwise to remain in full 
 force. 
 
 Signed, sealed and delivered ) 
 in the presence of . j 
 
 Administration bond. 
 
 Know all men by these presents, that we, A. B., C. T>., 
 
 and E. F., all of , in the county of , are held 
 
 and firmly bound unto , judge of probate for the 
 
 county of , in the sum of , to be paid to him 
 
 or his successors in office, for which payment we bind our- 
 selves, our and every of our heirs, executors and adminis- 
 trators, jointly and severally by these presents, sealed with 
 our seals, dated this day of ^ , 18 — ■. 
 
 The condition of this obligation is such, that if the above 
 bounden A. B., administrator of the goods and effects of 
 
 ', deceased, do make a true inventory of the goods 
 
 and effects of the deceased which have or shall coine to the 
 possession or knowledge of the said A. B., and the same do 
 exhibit into the registry of the court of probate for the 
 
 county of , on or before the day of next 
 
 ensuing ; and the same goods and effects, and all other the 
 goods and effects of the deceased, at the time of his death 
 or which at any time after shall come to the possession or 
 knowledge of the said A. B., do administer according to 
 law, and further do make a true account of his adminis- 
 tration, on or before the day of , in the year of 
 
 our Lord one thousand eight hundred and ; and all 
 
 the residue of the said goods and effects which shall be 
 found remaining upon the said administrator's account, the 
 same being first examined and allowed by the judge of the 
 said court, shall deliver and pay unto such persons respec- 
 tively as the judge by his decree shall appoint ; and if the 
 said A. B., administrator, shall perform all orders and decrees 
 made by the court, touching the goods and effects of the 
 deceased ; and if it shall hereafter appear that any last will 
 was made by the deceased, and the same be proved and 
 allowed by the court, then if the above bounden A. B., 
 being thereunto 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 ..) 
 
 • Bond on sale of real estate. 
 
 Know all men by these presents that we [as in adminis- 
 tration bond.'] 
 Whereas, license has been granted by the above named 
 
44(5 POWER OF MAGISTRATES IN CIVIL CASES. [PART IH, 
 
 Chap. 131. judge of probate to the above boiinden 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 obHga- 
 tion is such, that if the said A. B., executor [or adminis- 
 trator] as aforesaid, shall faithfully apply all monies arising 
 from the sale [Zea.se or mortgage] of any of the real estate 
 of the said deceased, or otherwise from the rents and profits 
 thereof, in payment of the debts or legacies of the deceased, 
 agreeably to law, and shall truly account for the same in his 
 administration account, before the court of probate for the 
 
 county of or other court of competent authority in 
 
 that behalf; and shall pay any surplus monies which may 
 be found remaining in his hands upon such accounting unto 
 such person as the court of probate for the said county 
 
 of or other court of competent authority in that 
 
 behalf shall by decree appoint, then this obligation to be 
 void. 
 
 Signed, sealed, and delivered ) 
 in the presence of . j 
 
 O^J^. ^^if-^ 
 
 CHAPTER 131. 
 
 OF THE JURISDICTION OF JUSTICES OP THE PEACE IN CIVIL 
 
 CASES. 
 
 Jurisdiction of 1. In actious for debt, where the whole dealing or cause 
 £3i°of°two'jus^ of action does not exceed'three pounds, one justice, and 
 tieea, £10. where the whole dealing or cause of action exceeds three 
 pounds and does not exceed ten pounds, two justices of the 
 county wherein the defendant resides or wherein the debt 
 was contracted, shall have jurisdiction ; and they shall have 
 power to sue executors or administrators. 
 Suit how con- ^- '^'^^ ^'^^^ ^^^ ^® conducted and the amount collected 
 ducted. 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 oases 3. When the whole cause of action exceeds five pounds 
 couQt^ornote to ^'^^ ^OQ^ not excecd ten pounds, either party may obtain a 
 1)0 Hied. jury by applying to the justices therefor at least two days 
 
 before the return day of the process. No justice shall issue 
 any writ of summons or capias unless the party applying 
 therefor shall file a statement in writing containing the par- 
 ticulars of his cause of action, or the promissory note or 
 ' other instrument on which he is suing, a copy of which 
 
TITLE XXYIV.] POWER OP MAGISTRATES IN CIVIL CASES. 447 
 
 note, or other iiii?trument shall be furnished to the defen- Chap. 131. 
 dant by the justice, if required. Where final judgment shall ' ~" 
 
 have passed thereon, the statement, note, or other instru- 
 ment shall be retained by the justice, and in cases of appeal 
 shall be transmitted with the other papers in the cause. 
 
 4. A statement in writing of the particulars of the plain- Particulars to 
 tiff's claim, shewing both debts and credits, shall be annexed aummol" *" 
 to the original summons, and a copy thereof to be prepared 
 
 by the justice issuing the writ shall be annexed to the copy "' 
 of such summons, and served therewith; and in case of the Judgment for 
 defendant not appearing, the plaintiff shall be entitled to a plSiaee.'^'^' 
 '^judgment on default for the amount of his particulars. 
 
 5. All writs shall be directed to, and be served and J^"t'l\° ^^ ?'- 
 executed by, a constable of the county wherein the writ is seired by con- 
 made returnable. ''""i^'- 
 
 6. A copy of the summons or capias shall be delivered ^ <">py "( *"?■- 
 to the defendant at least five days before the return day iweredtodefen- 
 thereof, and the constable serving the same shall, if required, befori'tho're^* 
 explain such writ to the defendant. ;•• '"^'■"■ 
 
 7. The constable shall make return of such writ,' with Return of writ, 
 his doings thereon, on or before the return day, and if coMtaUef ' 
 required by the justice, shall make an affidavit of the man- 
 ner in which he has served the same. 
 
 8. When the defendant does not personally appear, the AindaTit of eer- 
 justice shall not proceed in the cause unless the constable wherr<iefend- 
 shall make an affidavit "that he has delivered a copy of p"^^*"'"'"''' »p- 
 such writ with a statement in writing of the plaintiff's par- 
 ticulars annexed, to the defendant," and if by the defendant 
 
 at the time of service required so to do, -" that he explained 
 the contents thereof to the defendant." 
 
 9. No person shall be arrested for a debt under twenty Noarrestbyea- 
 shillings nor for any debt less than five pounds, unless the under'twenty 
 affidavit contain an allegation that the plaintiff verily fi" "'"fb't less 
 believes that uijless such writ be granted the debt will be u'jXrl^s"eoiai 
 
 lost. affidavit. 
 
 10. No female or minor shall be arrested on a writ of ^^™J,^,,\''^'j,'^- 
 
 CapiaS issued by a justice. arrested on ca- 
 
 ll, Any person arrested on any such writ shall be pergons arrest, 
 admitted to bail by the officer in the same manner as in J^ 'o be admit- 
 
 ■' . ted to bail. 
 
 other cases of arrest. 
 
 12. All causes shall be tried between the hours of ten Manses to be 
 o'clock in the forenoon and six o'clock in the afternoon of loa. m. ande 
 the day on which process is made returnable. P"™" 
 
 13. When, from the number of causes to be tried, a causes may b« 
 cause cannot be heard and determined within the time speci- "uslioestf n&- 
 fied in the preceding section, or when sufficient cause on "osaary- 
 affidavit is shewn, the justice may continue the cause till 
 
 some further time, not exceeding eight dfiys, of which con- 
 tinuance he shall notify the parties, plaintiff and defendant. 
 
 14. Where a jury has been demanded, the justice shall Jury how som- 
 issue a venire, directed to a constable not being of kin """^ 
 
4:48 POWER OP MAGISTRATES IN CIVIL CASES. [PART IHi 
 
 Chap. 131. 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. 
 M>t attendfng. ^^- "^^7 juror SO Summoned, who shall neglect to appear 
 and shall not show to the justices some sufficient excuse 
 therefor, shall forfeit five shillings, to be levied by warrant 
 of disti-'ess upon his goods ; such warrant to be issued by 
 the justices, upon the oath of the officer that he had sum- 
 moned the juror at least twenty-four hours before the time 
 appointed for his appearance. 
 rurorg,how 16. The jury shall be sworn by one of the justices in 
 
 ■re°iings''untii Open court, " Well and truly to try the cause according to 
 rerdiot. the evidence ;" and the evidence of the witnesses produced 
 
 shall be made and delivered in the hearing and presence of 
 the justices and jury ^o impanelled ; 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 attendance, 
 'such other person as shall by such justices be appointed 
 for that purpose, who shall be sworn " to keep such jury 
 together without meat or drink, and not to suffer any one 
 to speak to them, nor to speak to them himself, without leave 
 of the justices ; " and when agreed, the jury shall return 
 their verdict, whereupon judgment shall be given accor- 
 dingly. 
 .'haUengesmay ^T- Either party may challenge for cause any of the 
 ><= ^^^"1 ^™y jurors, and if the challenge be allowed, or any of the jurors 
 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. 
 Proof to be on 18- lu all cases Under this chapter where the plaintiff's 
 fk)n'not'confei demand or cause of action is not confessed by the defen- 
 iod. dant in person, or in writing under his hand, the same shall 
 
 be established, whether the defendant appear or not, on the 
 oath of one witness. 
 'laintifTs proof 19. The plaintiff shall not be permitted to give evidence 
 Itatlmentflied! °^ ^"7 thing not Contained in the statement filed by him 
 
 previous to the issue of the writ, 
 defendant to 20. A defendant who intends to rely upon a set off shall 
 ifftw"dayVb^ file the Same with the justice, or serve it on the opposite 
 &je return of party, at least two days before the return day of the sum- 
 mons ; 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, 
 f defendant 21. Whenever the defendant shall establish a set-off 
 
 Inder %w\^ equal to or exceeding the demand proved by the plaintiff, or 
 bovepiffilffs ^^y other sufficient defence thereto, the defendant shall have 
 iemiind as pro- judgment; if the set-off be less than the plaintiff's demand, 
 
TITLE SXXiy.] POWER OP MAGI3TEATES IN CITIL CASES. 449 
 
 the plaintiff shall have judgment for the residue only with Chap. 131. 
 costs ; and if the set-otf exceeds the plaintiff's demand as ved there simii 
 proved, and the whole amount of siich set-off do not exceed '"= jV&™?"' 
 ten pounds, the- defendant shall in that case have judgment ^ 
 
 for such excess. 
 
 22. When it shall appear that the defendant had tendered " defendant 
 
 ■ T 1 7 1 (> 1 tender the 
 
 the amount due before suit brouglit, such deiendant may amount due be 
 before the trial pay the same into the hands of the justice, payinthcsame, 
 and shall thereupon be entitled to his costs, which shall be 'udgmeit' wfth 
 deducted by the justice out of the money so paid into his ^osfs. ■, 
 hands. '.-'r ' , 
 
 23. The party succeeding shall in all cases be entitled pan/To'haTC 
 
 to his costs. ' " ""sta. 
 
 24. Where judgment has been awarded, the justice or Execution, how 
 justices before whom the suit was tried, and in case of the the justice who 
 death, resignation, or removal of such justice or justices, i8'dead,'ltaen\" 
 any other justice, and when such cause has been tried before ^'h^r^rae T/' 
 two justices, in case of the death, resignation or removal, of the iustices 
 one of them, the remaining justice shall issue execution "'' ' 
 against the goods and chattels, and for want thereof against 
 
 "the body of such person, for the sum awarded with costs. 
 
 25. All executions shall be made returnable in thirty J}^*^™ °^ ''^^- 
 days. 
 
 26. No execution shall issue after the lapse of one year F-^?™''°"„"°'' 
 from the time oi giving judgment, unless it shall be made pne year from 
 to appear by affidavit that a balance' is still due thereon, a,nd ^pfTn oe'rtarn 
 that due diligence has been used to levy the same, in which special cases, 
 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 deliv- Duty of consta- 
 ered shall proceed forthwitli to levy for the sum due, and ex"oJi'tionVn°^ 
 shall take sufficient goods of the party against whom the JJert™""^ ''™' 
 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 dulted''°TetuTn 
 remain unpaid, the officer acting therein shall sell the goods of execution; 
 
 ^ J 1.1 ,T-ii° iiupji -iij money to whom 
 
 at auction to the highest bidder, and shall lorthwitli return payable; sale 
 
 the execution with his doings thereon, to the justice who ^^fo'^^want™' 
 
 issued the same, and pay the debt and costs levied thereon ^Yaofl lo^be re- 
 
 to the plaintiff or his agent duly authorized, after deducting turned. 
 
 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 sucli case proceed to advertise anew, and 
 
450 POWER OP MAGISTRATES IN CIVIL CASES. [PAET in. 
 
 Chap. 1.31. sell the same after the return day of the execution : imme- 
 
 diately after such sale he shall make return and payment as 
 
 above specified; and whatever goods remain unsold after 
 
 satisfying the execution and expenses, shall be restored. 
 
 constaiiies not 29. No Constable shall, directly or indirectly, purchase 
 
 to purohaae. ^^y. gQ^jg j^j ^ny sale made by him under this chapter, and 
 
 every such purchase shall be absolutely void. 
 Constable for 30. For Want of goods whereon to levy, the constable, 
 ^omrallThe unless Otherwise directed, shall commit the person against 
 i^Yi^' .""'??« whom the same is directed to iail. 
 
 otherwise di- «-. t n t i n i • i • t_ 
 
 rected. 31. In case 01 an appeal the appellant, or m tns absence 
 
 manner ofVo- ^"^ agent, before the appeal shall be allowed, shall make an 
 cceding there- affidavit in Writing that he is dissatisfied with the judgment 
 and feels aggrieved thereby, and that such appeal is not 
 prosecuted solely for the purpose of delay, and shall file 
 the same with the justice ; and the party so appealing, or in 
 his absence his agent, shall, within two days thereafter, 
 enter into a bond with two sureties in a penalty double the 
 amount of the judgment, with a condition that the appellant 
 shall enter and prosecute his appeal and perform the judg- 
 ment of the court, or shall, before'the first day of the term 
 tif such conrt, pay the amount of the judgment together 
 with all costs thereon subsequently accruing; and such 
 justice, or if the action be before two justices then the first 
 one applied to therein, if thereto required, shall prepare the 
 affidavit and appeal bond ; which appeal, if applied for at any 
 time within ten daj's after judgment in such cause, such 
 justice or justices shall be bound to grant, returnable to the 
 next term of the supreme court in the county in which the 
 trial was had ; and execution if not issued when the appeal 
 is applied for, and the appellant or his agent shall make or 
 be ready to make the affidavit, shall be stayed ; but in such 
 case, if the defendant have given bail, his bail shall continue 
 liable, notwithstanding his personal ' appearance, until they 
 shall render him, or he shall give an appeal bond within the 
 ten days herein prescribed. • .,' 
 
 jnstioetoro- 32. In case of appeal the justice, unless he shall receive T 
 fn th^'oa^u''se"o ^ "otjce in Writing signed by both parties or their agents to I 
 the prothono- the Contrary, shall return to the prothonotary of the / 
 co'^eii" of par^ Supreme court before the opening of the court on the first 
 ties jn writins. ^^y q£ ^jjg next term in the county, all papers in the cause, 
 with a transcript of the judgment, and the affidavit and 
 bond whereon the appeal was allowed. 
 Pine for tonata- 33. Any constable neglecting to serve or make return 
 Wa negieotong of a writ of summous or capias, besides being liable to an 
 of summons, actiou ou the case for any damage that may have been sus- 
 tained, shall forfeit twenty shillings. 
 Fine and pro- 34. Any Constable neglecting to retum an exeoutioii fof 
 confltebie no-"" t^e spacc of ten days after the return day thereof, unless 
 gicote to return with the consent of the party in whose favor it was issued, 
 Won. or to pay over within five days the monies received thereon, 
 
TITLE SXXIV.] POWER OF MAGISTRATES IN CIVIL CASES. 451 
 
 or to pay the surplus, if any, on demand, shall forfeit twenty Chap. 131. 
 shillings, and may also be sued in an action for money had 
 and received; and the justices shall have jurisdiction though 
 the sum claimed exceed ten pounds.' . 
 
 35. The forms shall be as in the schedule. 
 
 SCHEDULE OF FORMS. 
 
 Summons. 
 
 County of ■■ — ss. 
 
 To anj' of the constables of the said county: 
 
 . You are hereby required to summon A. B. of to 
 
 appear before at on the day of 
 
 at o'clock, in the noon, to answer to 0. D. in the 
 
 sum of , and to make return thereof on or before the 
 
 said day. 
 
 Witness hand and seal the day of ,18 — . 
 
 E, P.. J. P. (seal.) 
 G. H., J. P. (seal.) 
 
 -; Capias. 
 
 County of ss. 
 
 To any of the constables of said county : 
 
 You are hereby required to take A. B. of , and him 
 
 safely keep, so that you may have him before at 
 
 on the day of at o'clock, in the noouj 
 
 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 
 
 , li-. 
 
 E. F., J. P. (seal.,)) 
 G. H., J. P. (seal.)) 
 Note. — On the back of the capias, and copy thereof,, to ■ 
 be -endorsed the sum sworn to in words at Length,, as fol- 
 lows : 
 
 By oath for the sum of — ■ 
 
 p E.. P., 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 good-s and chattels of the said C. D., sucb 
 
 sums making together by sale of such goods and 
 
 chattels, after duly advertising the same, and for want there- 
 of you are hereby required to take the body of the said 0. 
 D. and him commit to her majipsty's jail,, \pr where th&reisa 
 29 
 
 
452 POWEB OF MAGISTRATES IN CIVIL CASES. [PART III, 
 
 Chap. 131. lock-up house or other place of confinement in any county 
 nearer the residence of the party to be arrested, insert the 
 name of it in place of the Jail,] in , the keeper where- 
 of is required to take, the said C. D. into his custody, and 
 him safely keep until he pay the sum above mentioned, with 
 your fees and jailer's fee, or that he be discharged by the said 
 A. B. or otherwise by due course of law. Whereof fail not, 
 and make due return of this writ with your doings thereon 
 
 to within days. Witness hand and seal 
 
 the day of , 18 — . 
 
 B. F., J. P. (seal.) 
 G. H., J. P. (seal.) 
 
 Subpcena. 
 
 County of , ss. 
 
 To J. K., L. M., N. 0. and P. Q. 
 
 [according to the numher.] 
 
 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 he] in a suit now depending be- 
 tween 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. P., J. P. (seal.) 
 
 Subpoenaticket for each witness. 
 
 {A. B., plaintiff, 
 and 
 CD., defendant. 
 J. K. is required to give evidence in this suit, on the part 
 
 of the [plaintiff or d^endant as the case may he] at , 
 
 on the day of , at o'clock, iu the ^noon. 
 
 Dated the day of , 18 — . 
 
 E. P., J. P. 
 
 Venire. 
 
 County of ss. 
 
 To any of the constables of the said county : 
 You are hereby required to summon three persons duly 
 qualified to sit as jurors, who are not of kin to either of the 
 
 j)artie8, 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. P. J. P. (seal.) 
 Note. — All writs of summons, capias, subpoena, and venire 
 reqaire but one seal, and the same, as well as all executions 
 in .cases before two justices, are to be prepared by the jus- 
 
TITLE XXSIV.] POWEE OP MAGISTRATES IN CIVIL CASES. 453 
 
 tice first applied to in the suit. In all cases the capias is Chap. 131. 
 to be endorsed by the justice first applied to, who is to pre- 
 pare the affidavit also. In all suits triable before two jus- 
 tices, the summons and capias must be signed by two justi- 
 ces, and the execution in such case to have two seals, and 
 to be signed by the two justices that issued the mesne pro- 
 cess and tried the cause. Writs of subpoena and venire and 
 the subpoena ticket are to be signed by one justice only ; 
 all aflSdavits are to be taken before and all oaths under this 
 chapter to bfe administered by one justice only ; and in all 
 suits before two justices all acts required to be done by 
 one justice only, are to 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. 
 
 Affldami 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 offsets, 
 and'.that the cause of action does not exceed ten pounds. 
 
 A. B. 
 
 Sworn at , the ) 
 
 day of , before me. J 
 
 E. F., J. P. ^ 
 
 Note. — The sum sworn to must in all cases be twenty 
 shillings at least, and if under five pounds then after the 
 words " ten pounds" above add, " and that there is danger 
 of losing the debt unless a capias is allowed the deponent." 
 
 EETURNS TO THE FOLLOWING WRITS. 
 To a summons. 
 
 The within process was duly served on the said C. D. 
 
 on the day of by me. 
 
 0. P., conS^talble. 
 
 If required, the following affidavit to be made by the 
 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 named, with a 
 
 true copy thereof, and at the same time acquainted 
 
 with the contents thereof. 
 
 Sworn before me at 
 the — day of - 
 
 E. P., J, 
 
 ,18-.'} 
 
 0. P. 
 
454 POWER OF MAGISTRATES IN CITIL CASES. [PART III, 
 
 Chap. 131. ' To a capias. 
 
 The within named defendant was arrested and served with 
 
 a copy of the within process on the day of ^ 
 
 and was admitted to bail by me. 
 
 0. P., constable. 
 
 To a venire. 
 
 I have summoned the within jurors as jurors for the trial 
 of the within cause, namely : G. H., J. K., L. M. and N. 0. 
 
 O. P., constable. 
 
 To an execution. 
 
 I have levied the debt and costs as within directed. 
 
 O. P., constable. 
 
 For want of goods and chattels whereon to levy, I have 
 taken the body of the within named C. D. €|,nd committed 
 him to jail as witliin directed, 
 
 0. P., constable. 
 
 I have levied the sum of , part of the debt and 
 
 costs within mentioned, the remainder not satisfied. 
 
 O. P., constable. 
 
 I could not find any goods and chattels, or the body of 
 the said C. D. 
 
 0. P., constable. 
 
 OATHS TO BE TAKEN BY WITNESSES, JURORS AND CON- 
 STABLES, 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. 
 
 Jurors. 
 
 You shall well and truly try this cause between A. B., 
 plaintiff, and C. T>., defendant, and a true verdict give accord- 
 ing to the evidence. So help you God. 
 
 Constable or other person appointed to attend jury. 
 
 You shall keep every one of the jury sAvorn, and now 
 about to make up their verdict, in some convenient place 
 without either meat or drink ; you shall not suffer any per- 
 son to speak to them, nor shall you speak to them yourself, 
 except it be to ask if they are agreed on their verdict, 
 without the leave of the court. So help you God. 
 
tlTLE XXXIT.] POWER OP MAGISTRATES IN CIVIL CASES. 455 
 
 Bail bond on capias. Chap. 131. 
 
 Know all men by these presents that we [names, place of 
 residence, and pr^essidn or caRincj of the defendard and his 
 bail,\ are held and firmly bound unto [piame of the plaintiff 
 in the stilt, adding his place (f residence, and profession or 
 _ calling] in the sum of [twice the amomii sivorn to and endor- 
 sed on the capias] to be paid to the said [name of the plain- 
 tiff,] his certain attorney, executors, administrators or 
 assigns, for which payment, we bind ourselves, and every 
 of us by himself^ our and every of our heirs, executors and 
 administrators, firmly by these presents, sealed with oiir 
 
 seals, and dated the day of — ■ , 18 — . 
 
 ,' The condition of the foregoing obligation is such, that if 
 the above bounden [the defendatit] shall appear before [name 
 
 the Justice or justices issuing the capias] on the day of 
 
 , [insert the day appoirdcd for the trial] to answer to 
 
 the suit of the above named [name tlie plaintiff ] in the sum 
 of {here insert tlie sum sworn to,] then the above obligation 
 to be void. 
 
 Signed, sealed and delivered, ) (seal.) 
 
 in the presence of . f (seal.) 
 
 (seal.) 
 
 y . ./^damMtr-he'made hy the patty appec^ing. 
 
 In the court before [name the justice or justices before 
 whom the trial was had,] justices of the peace. 
 
 ) A. B., plaintiff, 
 Between v and 
 
 ) C. D., defendant. 
 
 A. B., [the party maldng 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 " agerd for the above named plaintiff ". or 
 defendant, as the case may be,] maketh oath and saith that he 
 is really dissatisfied with, and feels aggrieved by, the judg- 
 - raent given in this cause, and that he does not appeal there- 
 from solely 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 — . ) seace, the ageat 
 
 Before me, , 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., [nam^es of the appellant if lie be present, or, if 
 absent, of the agerd, and the sureties, with their places of 
 residence] are held and' firmly bound to G. H. [the party 
 against whom the appeal is allowed] in the sum of [double the 
 
456 BAKBISTEES AND ATTOEHIES. [PABT III. 
 
 Chap. Ii2. amount of the judgment, debt and costs,] to be paid to the 
 
 — — gg^jcj Q._ jj_^ jjjg certain attoi-ney, executors, administrators 
 
 or assigns, for which payment we bind ourselves, and every 
 
 of us by himself, our and every of oar heirs, executors and 
 
 administrators, firmly by these presents, sealed with our 
 
 seals, and dated the day of , 18 — , 
 
 Whereas a certain cause between the above bounden 
 A. B. {if the party a.ppellant be the principal in the bond, or 
 if lie be absent then say between — name the appellant] and the 
 above named G. H. in which the said [name the appellant] 
 vf as 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 obliga- 
 tion 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 in 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 
 shall previous to the first day of the sitting of sixch 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, in the presence of 
 
 A. B. (seal.) 
 C. D. (seal.) 
 E. F. (seal.) 
 
 CHAPTER 132. 
 
 OP BAEEISTEBS AND ATTORNIES. 
 
 Attornies and 1. No person shall practise as an attorney or barrister 
 
 admitted! '" ""^ unless he shall have been duly admitted. 
 
 Month's notice 2. Every porsoH intending to apply for admission as a 
 
 |ntentFo°n to^ap- barrister or attorney shall cause notice thereof to be posted 
 
 ply (or admis- 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. 
 
 Term of service 3. No person shall be admitted an attorney unless he 
 
 preparatory to shall have actually served Under articles of clerkship, whether 
 
 attorney" "'^^ such articles shall be the original articles for the whole 
 
TITLE XXXIV.] BARRISTERS AND ATTORNIES. 457 
 
 term, or any transference thereof, or new articles for the Chap. 132. 
 residue of snch term, for a period of five years, or if a ' 
 
 regular graduate of any college in her majesty's dominions 
 for the period of four years, with some practising barrister, 
 or shall have kept, terms for a portion of the time prescribed 
 at one of the inns of court in Great Britain or Ireland, 
 reckoning four terms for one year. 
 
 4. The term of service shall commence from the time of Time from 
 filing a duplicate of the articles of clerkship in the prothono- shaii hellei. 
 tar3''s office in Halifax. ""^-i- 
 
 5. Any student of the age of twenty-one years who shall Qualifications 
 file satisfactory certificates of his having complied with the admission, 
 requisites of the third section of this chapter, and of his 
 
 good moral character from the barrister with whom he last 
 served, and shall also undergo a satisfactory examination as 
 to his qualification before a judge and two barristers to be 
 named by the court, shall be entitled to be admitted an 
 attorney on taking the following oath : 
 
 " I, A. B., do swear that I will truly and honestly demean Attorney^ 
 myself in the practice of an attorney, solicitor, or proctor, °°'"^' 
 in all and every of the courts of this province in which 
 I shall be employed as such, according to the best of my 
 knowledge and ability." 
 
 6. A barrister of any court in Great Britain or Ireland ^*'''"i^3''!°'^ 
 shaU be entitled to be admitted to practise as a barrister or Ireland enti- 
 and attorney on filing a satisfactory certificate of his being gJo^ 'n flUng ^ 
 a barrister at the time of application and of his good moral p^jP'"^ ''^'^*"' 
 character. 
 
 7. A barrister or attorney of any court in her majesty's Colonial barris- 
 colonies, and an attorney of any court in Great Britain or nies,and attor- 
 Ireland, on filing a satisfactory certificate of his being a Brftain and Ire- 
 barrister or attorney at the time of application and of his ^dmission^on fi- 
 good moral character, and also of his having served as an ijng proper cer- 
 articled clerk for a term equal to that hereinbefore pre- 
 scribed for articled clerks in this province, and who shall 
 undergo a satisfactory examination as hereinbefore provided 
 
 for, shall be entitled to be admitted an attorney' on taking 
 the foregoing oath. 
 
 8. An attorney of the supreme court of one year's stand- ^^^^jJl^ittg^ 
 ing shall be entitled to be admitted a barrister, if no suffi- 
 cient objection be made ; but any student having regularly 
 graduated shall be entitled to be admitted aS a barrister 
 immediately on being admitted an attorney. Attorney not to 
 
 9. No Attorney shall permit any person not an attorney, aiiow any other 
 
 .1 .1 7 • ,.11 f 1 , 11 • ■ 1 ■ ja2 -^ person than his 
 
 other than his articled clerk actually serving in his oince, articled oierk 
 to sue out any writ of process, or to prosecute or defend torney toraeM 
 any action in his name. ?n his'^namir 
 
 • 10. Barristers of the supreme court shall be counsel, Barristers, their 
 advocates, proctors and solicitors of the court df chancery, PJeoelfnoe T""^ 
 court of vice admiralty, court of error, court of marriage power of courts 
 and divorce, and all courts within this province, and as such practitioners. 
 
458 MUNICIPALITIES. [PART III.' 
 
 •Chap. 133. 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 cou-rt; but nothing 
 herein contained shall interfere with or affect the whole- 
 some control which the queen's courts are authorized to 
 exert over the several practitioners therein, or to prevent 
 such courts from suspending, silencing, dismissing or strik- 
 ing off the roll any barrister, advocate,. attorney, solicitor or 
 proctor for mal-practice or misconduct. 
 
 Praotising bar- H. No barrister not actuahy practising his profession, 
 
 takroierksf ° except Only the prothonotary at Halifax, being a barrister, 
 shall take or retain any clerk. 
 
 Lave more than ^^- ^° barrister shall have at any one time more than 
 
 two articled two articled clerks. 
 
 PeTsms who'' 1^. Any of her majesty's subjects who shall have voted 
 
 iiave voted at at any election, or "paid poor and county rates, may plead 
 
 elections, or , -^ . ' ,^ j. , ^ ■ j. i j. x- ■ j ■ i 
 
 paid ratos,enti- and reason in any of her majesty's courts ot judicature 
 yaegeVrf bliJI within this province, enjoying all rights and privileges 
 risters proctors therein in as full and ample a manner as these are now 
 
 and advocates. . _ _ . . ^ i i j. 
 
 enjoyed by barristers, proctors and advocates. 
 
 TITLE XXXY 
 
 CHAPTER 133. 
 
 OF MUNICIPALITIES. 
 
 Desire to be in- 1. Any county may have the benefit of municipal govern- 
 bo^w testified, ment, and the desire of a county to be incorporated here- 
 *"• under shall be ascertained and testified in manner follow- 
 
 ing: 
 
 If one hundred persons, certified by two justices of the 
 peace to be freeholders, shall present a requisition to the 
 sheriff to that effect, he shall name a day and place for hold- 
 ing 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 pre- 
 viously 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. 
 Meeting, votes. 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 assemblj-, resident within the dig- 
 
TITLE SXXV.] MUNICIPALITIES. 459 
 
 trict, which voters and their votes, the clerk shall take down Chap. 133. 
 in writing. 
 
 The meetings shall be held from nine o'clock in the morn- Meetings, when 
 ing till three o'clock in the afternoon, when the meetings °p™^*1- 
 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 Return, 
 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. 
 
 The sheriff shall return the result to the governor inRotum, how 
 council; if in favor of incorporation, the governor by pro- '^'"'^'^"p™- 
 clamation shall declare the county to be incorporated under 
 this chapter, unless just ground to impugn the legality and 
 fairness of the proceedings shall be shewn to the satisfac- 
 tion of the governor in council, in wiiich case the procla- 
 mation may be withheld until examination into the legality 
 ' of proceedings can be had, and the governor in council shall 
 .ultimately decide accordingly as the regularity and fairness . , 
 
 of the proceedings or the reverse shall be established. 
 
 The sheriff shall receive forty shillings, the presiding Fees. 
 officers ten shillings each, and the clerks five shillings each, 
 in full for their services, to be paid by the county or dis- 
 trict. 
 
 The proceedings may be renewed at any period not less Proeeedinfrs, 
 than twelve months from any rejection of incorporation. 
 
 2. The inhabitants of every county incorporated under Connty incor- 
 this chapter shall be a body corporate, under the name of p"™'""^'*"- 
 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 ^i(,&l^,V 
 holding lands and tenements, and other real and personal '"''- ■' 
 
 ' property within such municipality, for the use of the 
 inhabitants thereof in their corporate capacity, and of mak- 
 ing and entering into such contracts as may be necessary 
 for the exercise of their corporate functions ; and the 
 powers of the corporation shall be exercised by and through 
 and in the name of the municipal council of such count}'. 
 
 3. The coxincil shall consist of a warden and council- Council, what 
 
 1 ,1 1 , /. Til 'n to consist of. 
 
 lors ; the warden to serve for one year, and the councillors 
 after the first election for two years, and until their succes- 
 sors shall be sworn into office. 
 
 4. The first election of councillors shall be held on the ximoof eieo- 
 third Tuesday of November, and shall be conducted by the '"'°^' 
 sheriff and persons named by .him; all succeeding general 
 elections shall be held on the third Tuesday of November 
 
 in each year, and shall be conducted by presiding officers 
 named by the councils. 
 
460 MUNICIPALITIES. [PAET III. 
 
 Chap. 133. The elections shall take place in and for each of the elec- 
 Biatricts, &o , toral districts laid off for the election of members to serve 
 oiiiors' return"" ^^ general assembly, and each district shall return two conn- 
 ed. ciUors, 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. 
 What districts For the purposes of this chapter the districts of Saint 
 as separata^'^ Mary's in the county of Gu3'sborough, and Barrington in 
 counties. ^j^g county of Shelburne, the township of Clare in the - 
 county of Digby. and the township of Argyle in the county 
 of Yarmouth, shall be treated as separate counties and 
 incorporated accordingly. And the court houses at Barring- 
 ton, Sherbrooke, Tusket, and Clare, shall be used as county 
 court houses in those districts respectively for the purposes 
 of this chapter. 
 Notices of oiec- 5. It shall be the duty of the sheriff in the case of the 
 omoers'!'^^" '"^ first election, and of the presiding officers 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. 
 Notices, how It shall be the duty of the municipality clerk to supply 
 supp 10 . ^Y^Q presiding ofiicers with the notices after the first elec- 
 tion. 
 Division of 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 numbers of Mfhich 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. 
 Time of election 7. On the third Tuesday in November, in the year next 
 composfngeaoh following that in which the first election shall be had, and 
 section. 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 elec- 
 tion shall be entered on the list of the section previously 
 occupied by the members then vacating oflSce; councillors 
 going out of ofiice may be re-elected. 
 Election, how 8. Every election shall commence at nine o'clock in the 
 conducted. 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 
 
TITLE XXXV.] MUNICIPALITIES. 461 
 
 for each candidate, and shall proclaim the person having Chap. 133 
 the majority of votes to be duly elected, and summon his ' 
 
 attendance oh the second Tuesday of December following, 
 at the county court house. 
 
 If there shall be an equal number of votes the presiding casting rote. 
 officer shall give a casting vote,and so determine the election. 
 
 The presiding officer and his clerk shall then and there PoH list to be 
 pubMcly subscribe the poll list and seal up the same, and ^^"retura/ ^*^" 
 the presiding officer, within two days after the close of the 
 election, under the penalty of twenty shillings for each 
 day's delay thereafter, shall make return in writing of the 
 couneillors 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 hereafter pro- 
 vided, shall be open to the inspection of every member of 
 the incorporation. 
 
 9. The proclamation and summons of the presiding offi- Notice to coun- 
 cer shall be notice to every councillor elect, present in per- °' 
 
 son or by an authorised agent or clerk; councillors elect, 
 not so present, shall be, immediately after the election, noti- 
 fied and summoned by the presiding officer. 
 
 10. Before the presiding officer shall allow any votes to Presiding ofs- 
 be polled, he, and the clerk h„e may employ, shall take the to'be sworn/' 
 oath in the schedule annexed before a jiistice of the peace 
 
 or two electors, and they shall certify such oath in the poll 
 book for the election. 
 
 11. No person shall vote except in the district in which Jt"^* vote in 
 
 T . T *■ ^ nis own dis- 
 
 he resides. triot. 
 
 12. Municipal electors shall have the same qualification. Elector, quaiifi- 
 and be hable to the same objections, questions, and oaths, 
 
 as electors for members of assembly shall at the time by law 
 be required to have, and be subject to ; and the objections 
 shall be taken and qiiestions 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 councillor, 
 as councillor who shall not at the time of the election be ^J'jf"fi'=''«»° 
 possessed of the same qualifications as is required in the 
 
 case of members of the house of assembly. 
 
 14. None of the following persons shall be elected a {1®"°''^ disaua- 
 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 in 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. 
 
462 
 
 MUNICIPALITIES. 
 
 [part IIL 
 
 Chap. 133. 
 
 Persons ex- 
 
 Warden, quali- 
 
 Return of votes 
 Xur warden. 
 
 How elected. 
 
 In case no mv- 
 jurity. a warden 
 not qualified. 
 
 Jluration of 
 ■olljce. 
 
 When vaeancy 
 <jocurs. 
 
 Prcsidingoflieer 
 .at elections, 
 jiowu' of. 
 
 IV. Anj' person receiving a pecuniary allowance from 
 the municipality for his services in any ofScp other than 
 warden or councillor. 
 
 15. The following persons shall be exempt from being 
 elected councillor or serving in any municipal ofJSce unless 
 with their own consent. 
 
 I. Justices of superior courts and of probate. 
 
 II. Members of the executive or legislative councils, 
 members" of the legislative assembly, schoolmasters actually 
 engaged in teaching, any miller who shall bo the only one 
 emploj-ed in a mill ; persons more than sixtyyears of age. 
 
 III. Persons who have served as councillors or hi any 
 municipality office, or paid the penalty, for refusing, shall be 
 exempt during the four years next after such service or 
 refusal. 
 
 16. At each annual election, including the first, the 
 electors may vote for a warden from among the body of 
 inhabitants resident within the municipality, and qualified 
 ^s is required for a councillor. And the sheriff, at the 
 first elections, and at subsequent elections the presiding 
 officers, shall return under seal, the votes given for warden 
 in each district, when they make return of the councillors 
 elected. 
 
 17. On the first meeting of the council following each 
 annual election, the council shall ascertain the votes given 
 for warden in all the districts, and any 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 quahfying. 
 
 18. In case no person shall have a majority of the whole 
 votes 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 inhabitants, at 
 their discretion, a warden duly qualified. 
 
 19. The warden shall hold office for one year, and there- 
 after until his successor be appointed, but he may be 
 re-elected. Whenever a vacancy occurs during the term of 
 office, by death, resignation, or otherwise, the council shall, 
 at its first meeting thereafter, proceed to elect a warden for 
 the remainder of the term ; during the temporary 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. 
 
 20. The presiding officer, at an election of councillors, 
 during the time of such election, siiall be a conservator of 
 the peace, and shall be invested with the same powers for 
 the preservation of the peace, the apprehension, committal, 
 holding to bail for trial, or trying or convicting offenders, 
 
TITLE XXXT.] MUNICIPALITIKS. ^ 46S 
 
 as are vestQd in justices of the peace in this province ; and, Chap. 133. 
 for the purpose of preserving peace and good order, all 
 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 viola- 
 tion of good order, to the custody of any constable or per- 
 son present, on view, for such time as he deems expedient; 
 or may, by writing under his hand, commit the ofender to 
 the common jail of the county, for any periodj||^pt exceed- 
 ing ten days ; and any justice of the peace or ^JBtr person 
 present at the election, who shall neglect tcJnKor assist 
 the presiding officer during such election, wlijH^equested 
 by him, shall be deemed guilty of a misdem^a^r, and be 
 punished accordingly. 
 
 21. No person who may be elected a councillor shall act Councillors ^ 
 in that capacity until he shall have taken and subscribed, of aiiegiauee. ' 
 before a justice of the peace for the county, or the sheriff", 
 
 in the case of the first election, and in case of subsequent 
 elections, before the warden or municipality clerk, the oath 
 of allegiance to her majesty, and also the oath of office and 
 qualification ; such oath shall be taken and subscribed by 
 each councillor, duly qualified, at the first meeting of the 
 ' council after his election, or otherwise within ten days after 
 notice of his election ; and, in default thereof, such person 
 shall be deemed to have refused to accept the office of 
 councillor, and shall be liable to pay the municipality clerk 
 such fine, not exceeding ten pounds nor less than five 
 pounds, as the bye-laws of the council shall prescribe ; pro- Exomption 
 vided that no person elected a councillor shall be subject to '■™™P™»"y' 
 a penalty for not taking the required oaths if he be not quali- 
 fied, which fact he shall be required to verify on his own oath, 
 before a justice of the peace, on first election, and before the 
 warden or municipality clerk, on subsequent elections. 
 
 22. In case of the death or resignation of any councilr Election of 
 lor, or his permanent absence from the municipality, or caso'of vacancy. 
 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 elections; but 
 no warrant shall issue for an election to supply a vacancy 
 within three months of the annual election. 
 
 23. On the second Tuesday of December, after the first organization of 
 election, the sheriff and the councillors elect shall meet at '"'""'^^- 
 
464 
 
 MUNICIPALITIES. 
 
 [PART III. 
 
 Chap. 133 
 
 Time of meet- 
 ing after firtit 
 year. 
 
 Quorum. 
 
 Members may 
 be eompelled 
 to attend. 
 
 QuostiODB) how 
 decided. 
 
 Number of 
 meetings in 
 each year. 
 
 Bxtra meet- 
 inj^e, notice of. 
 
 Clerk and trea- 
 surer, appoint* 
 ment ot 
 
 Duty of clerk. 
 
 Duty of tre»» 
 rurer. 
 
 the county court house, and the sheriff having produced 
 the returns of the presiding officers, and the seals being 
 then and there broken, and the returns examined, and the 
 councillors elect having been sworn into office, the council 
 shall be organised and proceed to business. 
 
 24. On the second Tuesday of December, after the annual 
 elections in all subsequent years, the municipal council 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 councillors elect shall 
 be sworn into office. 
 
 25. A majority of the council shall be a quorum for the 
 transaction of business ; a smaller number may adjourn from 
 time to time, and absent members may be compelled to 
 attend under such penalties as may be provided by bye- 
 law of the council. All questions arising in the council 
 shall be decided by a majority of votes ; and the warden 
 or temporary chairman shall have a right to vote. 
 
 26. There shall be two established meetings of the coun- 
 cil in each year ; the first herein designated the annual 
 meeting, shall be held at the county court house on the 
 second Tuesday of December ; the second herein designa- 
 ted the half yearly meeting, shall be held at such place as 
 the council may appoint, on the last Tuesday of April. 
 
 27. Besides these regular meetings, the council may 
 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 coun- 
 cil, 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. 
 
 28. Each council shall appoint a clerk and a treasurer, 
 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 per- 
 formance thereof. 
 
 29. The general duty of the clerk shall be to record in 
 a book all the proceedings of the corporation, make regular 
 entries of all resolutions and decisions, and if required by 
 any member present, to enter the votes as given, and to 
 preserve and file all accounts, and to keep the hooks, re- 
 cords, and accounts of the corporation ; which shall be 
 open, without fee or reward, to the inspection of all persons 
 at all seasonable times and hours. 
 
 30. The treasurer shall be appointed annually. It shall 
 
TITLE SSXV.] MUNICIPALITIES. 465 
 
 be the duty of the treasurer to receive and safely keep all Chap. 133. 
 monies belonging to the municipality, or which he shall be ~" 
 appointed to receive, and keep and pay out the same to 
 such persons and in such manner as he shall be directed to 
 do by any lawful order of the municipal 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 diities as may be assigned to him by any such law or 
 bye-law ; and every treasurer shall annually give such secu- 
 rity for the faithful performance of the duties of his office, 
 and more especially for the due accounting for, and paying 
 over, all monies which shall come into his hands by virtue 
 of his office, as the municipal corporation by which he was 
 appointed shall direct. 
 
 31. The council shall make such bye-laws or resolutions C"^""" *" 
 
 as to the duration of the office of the clerk, as to them shall &o., as to dura- 
 see nt. office. 
 
 32. , The_, council shall make such bye-laws or resolutions sameastonum. 
 as to the number of offices to be held by one person, as to £ "^ officers, 
 the holding of offices by partners of municipality 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 ofBce at any Resignation, 
 time by a declaration to that effect under his hand, and on ^"^ 
 payment of a fine of ten pounds. 
 
 The warden or councillor elected to fill an occasional Duration office 
 vacancy, shall hold office for the residue of the term of the elected t*o°'fiii°" 
 person whom he succeeds, but no longer ; but he shall be ^"•<"'°<=y- 
 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 tye-iaws. 
 requisite for the conduct and good order of their proceed- 
 ings, and such bye-laws touching any matters within its 
 authority as it may judge proper, 
 
 35. The council, at its first meeting in each year, or as Auditors, ap- 
 soon after as practicable, shall appoint two persons to be qualiSio^' 
 coAity auditors. No person shall be appointed auditor «»• 
 
 who is a member of the municipality council or one of the 
 officers, or who was a councillor or officer at any time with- 
 in 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 
 under them. No municipality auditor shall act as such 
 unless he shall have the qualification required for a council- 
 lor, and shall have previously made and subscribed the oath 
 of office and qualification, 
 
 36. It shall be the duty of the municipality auditors to Anditon, duty 
 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 
 
466 MtJNICIPALITIES. [PART III, 
 
 Chap. 133. the council to refer to them all such accounts, and their 
 
 duty faithfully to report thereon without needless delay. 
 Authority of 37. The municipality auditors shall have authority to 
 auditors. ^g^jj ^■^^, ^jj j^Q^j^g gj^^ vouclisrs 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 iby the municipality auditors ; 
 and all audited accounts shall be open at all reasonable times 
 to the inspection of any elector of the municipality. ■ 
 Salaries of war- 38. The Warden and councillors shall be paid, that is to 
 duors!'' ''°"''" say : the warden by a salary to be established by the coun- 
 cil, and the councillors according to their actual attendance, 
 at such rate as the council by bye-law shall determine, not 
 to exceed five shillings per day, and travel at the rate of 
 three pence going and returning per mile. 
 Attendance. 39. The clcrk shall keep an exact account of the attend- 
 
 ance of councillors at every meeting. 
 Fines for noa- 40. The Warden and councillors shall respectively be 
 a en ance. jj^ble to such fines for non-attendance or other neglects, as 
 the council by bye-law may appoint, of which the clerk shail 
 keep a correct account ; nor shall any of them be authorised 
 to receive any payment for salary or fees until such fines as 
 may stand against them be deducted. 
 Vote for the 41. On the first meeting of the council, after each annual 
 poor, oToreeers, election, or as soon after as may be convenient, the council 
 shall vote for each poor district the sum it shall judge neces- 
 sary for the support of the poor in that district, and the 
 purposes enumerated in the eighty-ninth chapter, and shall 
 appoint overseers of the poor for the existing poor dis- 
 tricts, until such existing poor districts shall be altered by 
 the council, which districts it has power from time to time 
 to alter, if it shall see fit to do so. 
 Council to exer- 42. The overseers of the poor shall account to the 
 ti'ons'of the "" couucil instead of the sessions ; and the council shall exer- 
 fS^ind^M"'" '^^^^ *^'® functions given by such eighty-ninth chapter to the 
 given ijy chap- grand iurv, town meetings and general and special sessions, 
 and to the sessions by the ninetieth chapter, and shall hear 
 and determine appeals, and in all particulars shall carry dit 
 the objects of those chapters as nearly in conformity with 
 the mode thereby directed as shall be consistent with this 
 chapter and the incorporatioa thereunder. 
 Committees, 43. Ill thg exercise of the functions, and the carrying 
 
 formation of. ^^^ q£ ^j^q objects stated in the preceding section, and also 
 in any other matters exclusively relating to townships or 
 special districts, and which have heretofore been managed 
 by township or district officers, and under township and 
 district authority, the municipality may appoint, for carry- 
 ing into effect and managing the same, committees of their 
 own body, comprising councillors returned from such town- 
 ships or districts, which committees may meet from time to 
 time, and shall specially attend to and regulate the afiairs 
 
TITLE XXXV.] MUNICIPALITIES. 46'7 
 
 of those townships or districts under the supervision, direc- Chap. 133. 
 
 tion and control of the council, and subject to its orders ' — 
 
 and revision, and liable to be superseded at its pleasure. 
 
 44. The municipalities may vote, assess, collect, receive, Power of muni- 
 appropriate, and pay, whatever momies are required for pur- oipii'ties. 
 poses named in the forty-sixth 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. o<J^- ^y/^ /^ t^^:'^ •r^^'"''^-^'^ 
 
 45. The municipalities, for raising the monies required Appointmentof 
 under such eighty-ninth and forty-sixth chapters, and 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 such vacan- casual vacan- 
 cies occur within a month before either regular meeting of "ies, how mied. 
 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,, cot Duration of of- 
 lectors, and other officers whose 'term of office- is sot. by assessors^&e'."' 
 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 Decem- 
 ber next, after or until their successors be appointed. 
 
 47. The municipal fifuancial year shall end on the thir- Financial year 
 tieth day of November, and all accoimts of the several '''^^i ^"•i^'*- 
 officers, and of the municipality, shall be audited, examined, 
 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 monies Koad monies, 
 granted by the legislature shall be apportioned to the dis'^bution of. 
 extent and upon the principles which the legislature may 
 
 from time to time direct and approve ; commissioners for Appointmentof 
 its expenditure shall be appointed, and any other appoint- ooi^aiissioners. 
 ments and business attended to. 
 
 49. At the same meeting the council shall transmit to Appropriation 
 the financial secretary a full and exact list of the appropri- to financial se- 
 ation of the road monies granted by the- legislature, with "'^''''^y- 
 
 the commissioners names. 
 
 50. The commissioners shall lay ouit the money and commissioners, 
 make- account of the expenditure,, as the law now does, or "^ '^^ • 
 hereafter may require- ; but their accounts instead of being 
 attested; before a justice 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 residtot 
 30 
 
468 MUNICIPALITIES. [PAET in. 
 
 Chap. 133. therein, a councillor resident in an adjacent district; and 
 such councillor shall certify the account as approved under 
 his hand. The commissioners shall draw for the money, 
 and their accounts be audited and paid at the financial 
 secretary and receiver general's office, as is now done. 
 Acoountofeom- 51. The Commissioners shall immediately return a dupli- 
 missioners. ^^^^ ^^ ^j^^jj. 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 financial 
 secretary. 
 Aeeoimt,ftir- 52. If any occasion shall induce the council to judge a 
 tionot™""^ 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 auditors 
 shall report thereon to the council before the half yearly 
 meeting in April. 
 School oommis- 53_ The couucil shall appoint a board or boards of school 
 .pointmentof. Commissioners in place of the boards which may be acting 
 at the time this chapter shall go into operation ; the mem- 
 bers severally to hold office during the pleasure of the 
 council. The board of school commissioners shall appoint 
 their own clerk, and in addition to the returns required by 
 law, shall make a full account of their appropriations, 
 expenditures, and proceedings, to the municipality 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 its next general meeting, and the council shall 
 examine and adjudicate on the same, 
 irunicipaiity 54. The municipalities shall have authority for the pur- 
 KMoJ^io.™" chase, 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 super- 
 ir^endajice and management of all the property of the muni- 
 cipality, and for the erection, preservation and repair of the 
 municipality court house, jail, lock-up house, town hall, and 
 all other buildings required by or being upon any land 
 belonging to the municipality as a corporation ; and shall 
 have and possess all powers given to the sessions by the 
 fort3^-seventh chapter; and the protection, care and manage- 
 ment of municipality property, and the title, powers, and 
 authority of the grand jury, sessions, and trustees, under 
 the ninety-seventh chapter. 
 Pound keepers, 55. The municipal councils shall appoint a sufficient num- 
 &o!°appo7nr' tier of pound keepers, fence viewers, overseers of the high- 
 meitbf, duties, -^yays, road surveyors, and of such and so many officers as 
 
 foos, penalties, •'' x- ■ -iii-x j-xi 
 
 &c. may be necessary tor carrying into enect any of the pro- 
 
 visions of this chapter, or of any other act of the legis- 
 lature, concerning any of the subjects placed under the 
 jiftisdiction of the councils, or of any bye-law of the muni- 
 
TITLE XXXV.] MUNICIPALITIES. 469 
 
 cipality; and in like manner to displace any of them and Chap. 133. 
 
 appoint others in their room, and to add to or diminish the ~ "^ 
 
 number of them as often as . the corporation shall see fit, 
 
 and to regulate their powers and limits wherein they shall ' 
 
 be exercised ; and shall regulate and prescribe the duties 
 
 of all officers acting under the authority of the corporation, 
 
 and the penalties of their making default in the performance 
 
 of such duties, and shall settle the remuneration of all such 
 
 officers, in all cases where the same is not settled by act of 
 
 the legislature, and the providing for the payment of the 
 
 remuneration which, by the 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 refusing to serve 
 
 in any office, and for the infringement of any bye-law of the 
 
 municipality. 
 
 56. The municipal corporation shall have the appoint- Board of 
 ment of health officers, health wardens, and health inspec- me'^at'^o!^^"''*" 
 tors, and a board of health, with the authority and powers 
 
 'given to justices in general or special sessions by the fifty- 
 fourth and fifty-sixth chapters. 
 
 57. The municipal corporation shall also make regula- Eabid animals, 
 tions for the protection against rabid animals, and the des- 
 truction of noxious animals, and for exercising the authority 
 
 and powers given to justices in general and special sessions 
 ■ by the fifty-fifth and ninety-third chapters ; also for the pre- Preservation of 
 S'ervation of useful birds and animals, and the regulation 1^^° '"^'^ ^'^' 
 and protection of the river fisheries, and for exercising the 
 powers and authority of general and special sessions under 
 the ninety-second and ninety-fifth chapters. 
 
 58. Also for preventing damage by setting fire to woods. Setting are to 
 
 ' felled trees, underbrush, and on bog and marsh lands ; also ingobstnictio'na 
 for removing obstructions from rivers, and for regulating *™'" "''*''''' ''*"'■ 
 the bringing down of logs, timber, and lumber on rivers, 
 and for exercising the powers of the grand jury and sessions 
 under the one hundred and third chapter. 
 
 ■ 59. The pouncil shall make orders for the prevention and Firea, reguia- 
 suppression of fires, regulating stoves, stove pipes, flues. ii°g"lrXen™o. 
 furnaces, ovens, and the safe keeping of ashes, and shall appointment of. 
 appoint firewards, firemen, fire gonstables, and engine men, 
 
 •and shall exercise the authority and powers of the generail 
 and special sessions under the ninety-ninth chapter, and 
 shall make orders for the prevention of the unnecessary and 
 wanton discharge of fire arms and fire works.- 
 
 60. Also, the municipal council shall have the power Trespasa by 
 
 1 -1 • J ■ J u 11 1 cattle, regula- 
 
 given to general or special sessions under, and shall make ti.ons ooneorn- 
 orders for carrying into effect, the one hundred and fifth, '°^' 
 the one hundred and sixth, the one ^undred and seventh, 
 the one -hundred and eighth, the one hundred and ninth, and 
 the one hundred and tenth chapters; and so much of the one 
 
470 MUNICIPALITIES. [PART in. 
 
 Chap. 133. hundred and forty-seventh chapter as relates to preventing 
 trespasses by horses and oxen and other animals going at 
 large. 
 Acts of clerk of 61. The acts required in the one hundred and fifth chap- 
 howperfo^ed. ter to be performed by the clerk of the licenses, and by 
 justices of the peace, shall be done by the clerk of the cor- 
 poration, and two councillors, Tinless otherwise ordered 'by 
 any bye-law or order of the council. 
 Acts of town 62. The acts required in the one hundred and sixth 
 formed?'"' ^" chapter to be performed by the town clerk shall be done by 
 any officer or person authorised by the council, and a muni- 
 cipality councillor shall exercise concurrent authority with 
 a justice of the peace under that chapter, 
 chaptera 147, 63. This chapter shall not interfere with nor afiect the 
 ^eaeV*"' "'*' jurisdiction created under the one hundred and fifty-seventh, 
 one hundred and fifty-eighth, and one hundred and sixtieth 
 chapters. 
 Warden to have 64. The Warden, while in office, shall ex-ofEcio be a 
 Justtoef o^tho"^ justice of the peace in and for the county, and shall have 
 pjaoe. 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 concerning 
 accounts, and other matters which shall be submitted to 
 the corportion, or shall concern the same. 
 Grand jury and 65. The grand jury and sessjous, or the justices in ses- 
 ^uSed w'meet.' sion, either general or special, shall not be required to meet' 
 for any purposes for which, by law, they ar^ now required 
 Power of justi- tp meet in any municipality ; but nothing in this chapter 
 not afltete^!*"* shall be construed to take from justices of the peace their 
 power as conservators of the peace, or to impair or abridge 
 the criminal jurisdiction they possess by common or statute 
 law, or their authority over offences partaking of a criminal 
 nature given by any law of this province, nor the power to 
 administer oaths, nor any power belonging to the office of 
 justice of the peace, which is not taken away by this chap- 
 ter, either expressly or by necessary implication. 
 Power and an- 66. The powers and authority of the council shall also 
 thorityofcoun- ^^^^^^ ^^ ^^^ following objects : 
 
 Roads. I. The laying out of new roads, and the making, main- 
 
 taining, or improving of anji 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 con- 
 tained in the*sixty-second chapter, and subject to the rights 
 of the crown and the province in public property. 
 
 Road money. II. The appropriating and apportioning road money 
 granted by the legislature, to be laid out in the municipality 
 by the municipal authority, and appointing commissioners 
 for its expenditure, and the accounting therefor to the 
 government. 
 
TITLE XXXV.] MUNICIPALITIES. 471 
 
 III. The directing and enforcing the performance of Chap. 133. 
 statute or highway ,labor, and the expenditure of the commu- statute labor, 
 tation money for highway labor and all the powers of the ses- 
 sions and of the justices of the pe.ice under the sixty-third 
 
 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 superintendant 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, and the regulating the driving and riding 
 over bridges ; the protection of timber, stone, sand, or 
 gravel, or any appropriation for roads or other public pro- 
 perty, and the sale of such timber and other articles. 
 
 V. The support of the poor by municipality, township. Poor, 
 or district organization, and the erection and maintenance 
 
 of municipalit}'', township, or district poor houses. 
 
 VI. The making orders for carrying into effect the law, intoxicating li- 
 as it may from time to time exist, concerning the manufac- '^""^' 
 ture, importation, and sale of intoxicating liquor, and the 
 providing payment for expenses that may be incurred in 
 
 relation to that object. 
 
 VII. The regulating ferries, public wharves and landings, Ferries, 
 and the establishment and regulations of markets and fairs. " '"^^ ' ■ 
 
 VIII. The providing means for defraying such expenses Assessment. 
 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 monies that may 
 be requisite for carrying into effect the objects for which 
 the council is empowered to act or to make bj'^e-laws; such 
 monies to be raised by rates to be assessed on real and per- 
 sonal property, or its owners or occupiers. 
 
 IX. The collection and accounting for, of all tolls, rates, collector of a« 
 and assessments of the municipality revenues ; but no pjf^^"""'^' 
 monies 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 devi- 
 ation 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 under contracts, 
 their control, which contracts, after having been duly con- 
 sidered by the council, shall be signed by the warden, and 
 countersigned by the county clerk. 
 
 XI. The determining what officers it may be expedient salaries of om 
 to pay, fixing the amount of the salaries, fees, and remune- 
 ration, where not fixed by this chapter, and the time and 
 
 mode of paying them. 
 
472 
 Chap. 133. 
 
 Returns of as- 
 sessors i expen- 
 ses of elections. 
 
 Presiding offi- 
 cers at elec- 
 
 MUNICIPALITIES. 
 
 [PAET nr. 
 
 Contested elec- 
 tions. 
 
 Prevention of 
 vice. 
 
 Other matter 
 under control 
 of council. 
 
 Coroners, ap- 
 pointment of. 
 
 Snow plough. 
 
 All powers res- 
 ted in grand 
 jury, sessions, 
 &c., to be trans- 
 ferred to muni- 
 (Sipality ooun- 
 
 Proviso. 
 
 XII. The returns of assessors and collectors, with a 
 view to the general business of the municipality ; the ex- 
 pense 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 elec- 
 tion, and the times, form, and manner of the presiding offi- 
 cers' returns, as far as may not be specially directed by this 
 chapter. 
 
 XIV. The making of rules and regulations for the try- 
 ing 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 
 daj'; 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 preserv- 
 ing peace and good order in such streets and roads, and in 
 public places or taverns ; for preventing the excessive beat- 
 ing, or cruel and inhuman treatment of animals ; for pre- 
 venting the sale of any intoxicating liquors to indians, chil- 
 dren, apprentices, or servants ; for restraining and punish- 
 ing all vagabonds, drunkards, and beggars, and 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 
 thing specially subjected to the control of the council by 
 law ; but no bye-law shall impose any punishment or im- 
 prisonment, or any penalty exceeding five pounds. 
 
 67. The council, as often as requisite, shall appoint 
 coroners,' and determine their limits within which to act. 
 
 68. It shall be discretionary with the municipality coun 
 cil to procure a snow plough, or other machine or contri- 
 vance sufScient to keep the roads open and beaten after tlie 
 fall of snow, to the width of at least eight feet, and place 
 the same under the charge of the commissioners of high- 
 ways 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 in the 
 grand jury and sessions, in special sessions, or in justices of 
 the peace, to make bye-laws, impose rates 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- 
 laws or regulations made by the justices in session, shall be 
 considered repealed until the municipality council shall 
 expressly declare. such repeal by a bye-law; and the county , 
 and town officers shall continue to exercise their functions 
 
TITLE XXXY.] ^ MUNICIPALITIES. 473 
 
 until the first meeting of the incorporated council under Chap. 133. 
 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 "'"^ ' 
 may be liable at the time of its incorporation, shall be assu- 
 med, paid, and performed by the municipality council, and 
 
 be recoverable from the same by action, or otherwise, on 
 the same terms and conditions as the same should have been 
 paid and performed if the county had not been incorpo- 
 rated ; 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 Proviso, 
 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 any rate or tax, the municipality coun- Assessment of 
 oil shall be governed in all things by the laws now or here- fy rates. °°""" 
 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 property 
 ' liable by law to poor and county rates ; but uo 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 board of 
 
 ordnance. 
 
 72. All allowances or per centage granted by law to any Allowances to 
 collector or county treasurer, and all salaries, wages and ' 
 allowances of any kind enjoyed by any county, town, or 
 
 parish officer, shall continue to be paid, after the incorpo- 
 ration of any county, until otherwise ordered by the muni- 
 cipality council. 
 
 73. An authentic copy of each bye-law passed by the Bye-iaws must 
 municipality council, shf^ll forthwith, after being passed, be the legislature 
 tremsmitted by the warden or chairman for the time being 
 
 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 legislature within 
 ten days after the opening of its next session. Any bye- 
 law repugnant to the law of the land, or the provisions of 
 this chapter, shall be wholly void and of no effect whatever. 
 
 74. At least ten days before the meeting of the provin- Expenditure tc. 
 cial legislature, the wardens shall transmit an abstract of the fegiaiature, 
 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 fo°tViib5dge*s, 
 bridge, or road belonging to any company or individuals, &«■ 
 
 nor to any work under the control of the imperial or provin- 
 cial governments, or of the military authorities. 
 
474 
 
 MUNICIPALITIES. 
 
 [PAET m. 
 
 Ghap. 133. 
 
 Penaltiea, how 
 recovered. 
 
 Informer not a 
 competent wit- 
 ness, when. 
 
 Members of 
 eouncll compe- 
 tent witnesses. 
 
 Expenditure of 
 road monies to 
 be accounted 
 &r. 
 
 Sheriff's, &o., 
 fees on nrst 
 election. 
 
 Assessments, 
 how recovered. 
 
 Rates for puhlio 
 purposes. 
 
 Inconsistent or 
 irepngnant laws 
 omy affected. 
 
 76. All fines 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, after the appointment of judicial district courts, 
 before such courts. All fines and penalties, when recovered, 
 shall be paid and applied as the bye-law shall direct. J-To 
 informer or other person, who is to receive for his own 
 benefit any part of a fine or penalty, shall be a competent 
 witness for the prosecution, unless he first relinquishes, in 
 writing, all claim to his proportion of the fine or penalty; 
 in such case the whole penalty shall be applied as the bye- 
 law shall direct for that portion which was to go to the 
 informer or prosecutor. No inhabitant of the municipality, 
 or member or officer of the council, shall be an incompe- 
 tent witness in any prosecution for the recovery of a fine 
 or penalty, or in any suit for money payable to the clerk or 
 treasurer, or due to the council, or in any suit wherein the 
 council is a party, or has an interest in the result, by reason 
 of such person being an inhabitant of the municipality, or a 
 member of the council, or an officer or a person in its 
 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 
 the governor for the expenditure of all provincial monies 
 granted for roads or other municipality uses, and under all 
 needful vouchers. These expenditures shall be examined 
 and audited by the financial secretary, and the accounts laid 
 before the legislature within ten days after the opening of 
 each session. 
 
 78. In the case of the first election, the sheriff shall 
 receive from the municipality funds the sum of forty shil- 
 lings, in full for his services, and each presiding officer shall 
 receive ten shillings, and each poll clerk five shillings, in 
 full for their respective services. 
 
 79. All rates and tolls imposed by the council shall be 
 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 
 and authority of this chapter, which the inhabitants of any 
 county are now liable, or may hereafter be liable, to pay by 
 a law of the province, shall 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 
 to repeal or affect the provisions of any law or enactment 
 
TITLE XXXV.] MUNICIPALITIES. 476 
 
 now in force, except so far only as such law or enactment Chap. 133. 
 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 offi- 
 tion under this chapter, shall have power to administer all niateToatha^"'" 
 oaths and affirmations required to be administered or taken 
 
 at any such election. 
 
 83. Every officer who shall be elected or appointed^Every officer to 
 under this chapter, shall, before entering on the duties of 
 
 his office, take and subscribe the general oath of office con- 
 tained in the schedule, unless officers for whom the schedule 
 contains a special oath of office. 
 
 84. Every person elected or appointed under this chap- Oath of qnaiifi- 
 ter to any office which requires a qualification of property ^im'taken. 
 in the incumbent, shall, before he shall enter upon the duties 
 
 of his office, take and subscribe the general oath of qualifi- 
 cation 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 No person qna- 
 or appointed to any office under this chapter, who shall not, &c^, unless a' 
 at the time of his voting, election, or appointment, be a m^|a''tV?^ ^^'^ 
 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 oaths, by whom 
 
 ,1 J .... ^ n ,, j^ ,. ^. , , to be adminis- 
 
 the administering ot any oaths or affirmations required to tered. 
 be administered or taken, the same may be administered by 
 the warden, or, in his absence by the clerk, or by any coun- 
 cillor or any justice of the peace of the county ; and when 
 an bath or affirmation is directed to be administered by, or 
 taken before, any officer or person, the authority to adminis- 
 ter is included. 
 
 87. Every qualified person duly elected or appointed to Penalty for re- 
 any office in, by, or under the municipality, in cases not oSf *" *°''^* 
 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 and 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 affirma- 
 tions, who. shall refuse to administer the same when such 
 administration is reasonably demanded of him, shall there- 
 upon, respectively, forfeit such sum, not more than twenty 
 pounds, nor less than two pounds, 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 Proviso, 
 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. 
 
476 
 
 MUNICIPALITIES. 
 
 [part III. 
 
 Chap. 133. 
 
 Allirmatiou. 
 
 Corporations of 
 oitiea not affect- 
 ed. 
 
 Actions against 
 council, how 
 brought. 
 
 Judgments, in- 
 terest on. 
 
 Coroners to be 
 sworn. 
 
 Present coro- 
 ners not affect- 
 ed. 
 
 Jurisdiction of 
 sessions and 
 
 fraud jury ta- 
 en away. 
 
 Powers of grand 
 juries, See ,given 
 to municipal 
 couneils. 
 
 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 chap- 
 ter, shall be deemed guilty of wilful and corrupt perjury, 
 and be punishedaccordingly. 
 
 89. Nothing in this chapter contained shall abridge, 
 limit, or defeat any rights, powers, privileges, or jurisdic- 
 tion of the corporation of the city of Halifax, or the cor- 
 poration of any other town which may be incorporated 
 during any further sitting of the legislature. 
 
 90. Every action brought by or against any miinicipality 
 council shall be brought by or against the same by its 
 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 monies which shall be siibject 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 fourth and fifty-third sections of the forty-sixth chap^ 
 ter are given to the sessions and the supreme court, and 
 may, if need be, appoint assessors and collectors. 
 
 91. Judgments against a municipal corporation shall 
 bear interest at six per centum per annum. 
 
 92. Coroners appointed under this chapter shall be 
 sworn into office before the warden, or, in his absence, two 
 councillors ; and the forty-first chapter, except the first 
 section, shall be in force as to such coroners. Nothing in 
 this chapter contained shall affect coroners now appointed. 
 
 93. The jurisdiction of the general and special sessions 
 of the peace and of the grand, jury, in all matters over 
 which, by this chapter, jurisdiction is given to the municipal 
 council, is taken away in counties in which this chapter 
 shall go into operation. 
 
 94. The powers and authorities which in chapters twenty- 
 two, forty-six, forty-seven, forty-eight, fifty-four, fifty-five, 
 fifty-six, sixty-one, sixty-two, sixty-three, sixty-seven, sixty- 
 eight, sixty-nine, seventy, seventy-one, seventy-two, eighty- 
 nine, ninety, ninety-two, ninety-three, ninety-fivej ninety- 
 seven, ninety-eight, ninety-nine, one hundred, one hundred 
 and two, one hundred and three, one hundred and four, one 
 hundred and five, one hundred and six, one hundred and 
 seven, one hundred and eight, one hundred and nine, one 
 hundred and ten, one hundred and forty-seven, one hundred. 
 
TITLE XXXV.] MUNICIPALITIES. 477 
 
 and fifty-six, are given to grand juries, justices in session. Chap. 133. 
 
 general or special, or to justices of the peace, and to the 
 
 officers and persons named in those by them, and to officers 
 
 and persons named in those chapters, for carrying out any 
 
 of the provisions of those chapters, are given to municipal 
 
 councils, and to the officers and persons to he appointed by 
 
 them under the respective bye-laws of such councils. 
 
 95. The warden, councillors, and officers acting under Protection of 
 them, shall be entitled to the protection afforded to justices ^^"^ ^°^' 
 
 of the peace and constables, under the one hundred and 
 fiftieth and one hundred and fifty-first chapters. 
 
 JUDICIAL DISTRICT COURTS. 
 
 96. The municipal corporation for each municipality J!^''i°'^i '''^■ 
 shall, at its first meeting, or soon thereafter, divide the muni- tion of. 
 cipality into convenient judicial districts, which shall, if prac- 
 ticable, 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 required for Commissioners. 
 
 councillors, and before entering upon the duties of their 
 
 office shall take and subscribe the oaths of allegiance, of 
 
 office, and of qualification. 
 
 97. The judicial district commissioners shall retain office office of com- 
 for three years and no longer. At the end of that period Sonrff^' ^' 
 the municipality corporation shall appoint a new board, but 
 
 may re-elect two of the out-going officers. The corporation 
 shall also supply occasional vacancies, arising from death, 
 resignation, or otherwise. 
 
 98. No commissioner shall at any time be chosen from No councillor 
 
 .1 .,1 to be a commis- 
 
 among the councillors. sioner. 
 
 99. The commissioners shall have authority within their Authority of 
 respective districts only. Their writs may extend over the juri^TtioT '^^' 
 whole municipality, but shall be returnable only within the 
 
 district, and shall be directed aud served as writs from 
 justices are now served. 
 
 100. They shall have and exercise within their district Onepartymust 
 the same jurisdiction over actions of contract, and for petty S.^"^ 
 trespasses and assaults under the l-47th chapter, and for 
 penalties for violation of the laws relating to the impor- 
 tation, manufacture, or sale of intoxicating liquors, and 
 
 othej- penalties, and the same functions for the purposes 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 Meetingofcom- 
 place to be named by the council, on the first Tuesday of ram '&"!"' '^"°" 
 every month, and may continue in session for two days, 
 
 and no longer ; causes not disposed of shall stand over ; 
 two commissioners shall form a quorum. 
 
478 
 Ch ap. 133. 
 
 Power to admi- 
 nister oatlis. 
 
 Appeal. 
 
 Clerk of dis- 
 trict, appoia-t- 
 meat oX. 
 
 MUNICIPALITIES. 
 
 [PART III. 
 
 "Witnesses. 
 
 Power of justi- 
 ces to cease, 
 wlien. 
 
 Pees. 
 
 Comniissioners 
 salary. 
 
 No commiseion- 
 er, &c. to be em- 
 ployed as attor- 
 ney. 
 
 Bye-laws. 
 
 102. The commissioners shall have the same power to 
 swear witnesses, and to try by jury, and the same authority 
 as a court, that justices now have ; and appeal shall lie 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 for 
 each judicial district, who shall take the oath of office before 
 entering on his duties, and by whom, and not by the commis- 
 sioners, 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 
 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 prevarication 
 and for perjury, as in causes at present within the jurisdic- 
 tion of justices of the peace. 
 
 105. After the court of judicial commissioners shall 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 
 fifty-four, under the head "magistrates' courts," are distin- 
 guished as justices' fees, constables' fees, witnesses' fees, 
 and jurors' fees, or under any other acts in force relating to 
 such fees, 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 commissioners shall be paid according to the 
 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 any thing be made to have relation to or b.e depen- 
 dent upon the number of writs issued or judgments 
 obtained, or the amount of fees collected ; and neither the 
 commissioners nor the clerk shall, on any pretence, derivfe 
 any emolument from their office beyond such allowance. 
 No commissioner or clerk shall be directly or indirectly 
 employed, or professionally concerned as counsel, attorney, 
 solicitor, proctor, or advocate, for any party in any matter 
 pending or to be brought before the court of which he is 
 commissioner or clerk. 
 
 108. Municipal corporations shall make bye-laws for 
 enforcing a correct and regular account of the writs issued, 
 trials had, 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 
 day of December, make a return thereof to the governor, 
 to be submitted to the legislature. 
 
TITLE X2XT.] MUNICIPALITIES. 479 
 
 109. The powers and authority which, in chapters one Chap. 133. 
 hundred and thirty-one, one hundred and forty-seven, and ^^^^ — n^ 
 one hundred and fifty-four, are given to justices of the peace, tion, &o., of jus- 
 are transferred and given to the judicial district commis- peace^transfer- 
 sioners within their respective districts ; and they and the gfo^Qers""™'"^^" 
 officers executing their process, shall be entitled to the 
 
 same protection, under the one hundred and fifty and one 
 hundred and fifty-first chapters, as justice of the peace and 
 constables in the like cases are now entitled to. 
 
 110. The municipal councils may, if they see fit, alter Counou may 
 
 ,,,.., J ■ '■ T • • 1, j.i_ u r 1 i 1 alter the limits 
 
 the limits and increase or diminish the number oi electoral andnumbera of 
 districts in their respective municipalities, and the number ?ie'Tumbl?''of 
 of councillors to be elected by each district ; and in laying oouaoiUors, &a. 
 off such districts regard shall be had to the population so as 
 to equalise the number of councillors in that respect as far 
 as possible. 
 
 111. The councillors of any district, or the councillors Meeting oi 
 of any number of districts, in matters relating exclusively 
 
 to such district or districts, may meet together with the 
 warden, and they shall have full authority to manage all 
 such matters, independent of the control of the council. 
 
 112. The warden or temporary chairman shall have a Warden right 
 right to vote on all questions before the council. °^° *' 
 
 113. The provisions of chapter sixty-four " Of commis- of ehap.°64, *x- 
 sioners of streets," shall extend to all municipalities ; and tendeJtomuni- 
 all the powers by such chapter vested in the sessions and 
 
 grand jury, are hereby vested in the council of the munici- 
 pality, and the power and authorities of the commissioners 
 are hereby vested in the commissioners to be appointed by 
 such council. 
 
 114. All the provisions of chapter thirty-three, " Of the Jf™chln™3^,*x' 
 census and statistical information," shall extend to the mu- *?"^yt> '"'"''" 
 nicipalities ; and all the powers, authority and duties, given "^^^ 
 
 and imposed upon the sessions and clerk of the peace, shall 
 be exercised and performed by the municipality council and 
 the municipality clerk, and the officers and persons ap- 
 pointed by them to carry out the provisions of that chapter. 
 The municipality councils shall -appoint committees of their fij^of.'^'' "^'' 
 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. 
 
 115. Notwithstanding the ninth clause of chapter ninety- fo"^^e'uSde?m'«^ 
 seven, " Of trustees of public property," all property of nagement of 
 every description belonging to the municipality, or any dis- ® °°"°°' ' 
 trict or districts, shall be under the management and control 
 
 of the municipal council, or of the warden and the council- 
 lor or councillors of subh district or districts. 
 
 116. Whenever it shall become necessary to purchase Purchase of 
 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 b§ thought advi- 
 
480 MUNICIPALITIES. [PAET m. 
 
 Chap. 133. sable, be made payable by yearly instalments, to be col- 
 ' lected and levied on such municipalities, townships, or dis- 
 tricts, liable therefor ; hut such payment shall not be made 
 to extend over a longer period than five years. 
 Elections. 117. The election for warden and councillors may be by 
 
 ballot or otherwise, as shall be determined by the council. 
 Commissioners 118. Municipality councils shall appoint commissioners 
 of sewers. ^^ scwcrs in their respective districts or counties, who 
 shall have power and authority ta carry out the provisions 
 of chapter seventy-three, " of commissioners of sewers, 
 and the regulation of dyked and marsh lands," .and shall 
 Inspectors of also appoint inspectors of provisions, lumber, fuel, and 
 ' ■ other merchandize, under the eighty-fifth chapter, except 
 the inspectors of pickled fish. 
 Commons. 119. The municipality councils shall have the same 
 
 power and authority respecting commons as is now vested 
 in the sessions, under the seventy-fourth chapter, " of 
 commons." 
 iinnioipaiity 120. All power and authority now vested in, and all 
 duties oil'To'!' duties now imposed on clerks of the peace and town clerks, 
 shall be vested in, and be performed by, the municipality 
 clerks. 
 Judicial district 121. All the powexs and authorities vested in justices of 
 powCTs'of°&o?' the peace by the ninety-first chapter, " of the maintenance 
 of bastard children ;" also by the one hundred and twenty, 
 fifth chapter, "of masters, apprentices and servants;" also, 
 by the one hundred and fifty-seventh chapter, " of offences 
 against religion ;" also, by the one hundred and fifty-eighth 
 chapter, " of offences against public morals," shall be exer- 
 cised by the judicial district commissioners of the munici- 
 pality. 
 Continuation of 122. The judicial district commissioners may, on good 
 causes. grouuds shewn by affidavit, continue a cause to the next 
 
 monthly meeting. 
 Seamen, power 123. The Warden, and any one of the councillors, shall 
 themf'*'^ ^ have power, on the sworn complaint of the master, to arrest 
 any seaman, of a British, provincial, or foreign vessel, who, 
 hav'ing signed regular articles, and not being duly dis- 
 charged therefrom, shall wilfully absent himself from his 
 vessel ; and after hearing both parties, if he find the com- 
 plaint well founded and just, to compel the seaman to 
 return to duty if requisite ; also to send him to jail until 
 the vessel is ready for sea,' and give the aid of constables in 
 carrying him on board his vessel. 
 Votesofmoney. 124. No vote shall pass the municipality council other 
 than the annual vote for the maintenance of the poor, or for 
 ordinary annual county or district purposes, to a greater 
 amount than fifty pounds, unless the same shall have been 
 sanctioned by the majority of qualified electors present at 
 a public meeting, which shall have been called for the pur- 
 pose, and presided oyer by the warden and one of the coun- 
 
TITLE XXXV.] MUNICIPALITIES. 481 
 
 cillors; of the time and place of which meeting ten days' Chap. 133. 
 notice shall have been gipen. 
 
 125. When any county or district shall hereafter be Counties to bo 
 incorporated, the municipal council shall, without delay, nlofpai to™-" 
 proceed to lay the county or district off in so manv and sii'psi not to 
 
 ^ , ..,•', 1 • 1 11 1 , • "^ 1 disturb existing 
 
 such municipal townships as shall be most convenient, and distriote, &o. 
 which shall not disturb the limits of existing townships, 
 electoral districts, or poor districts, unless there be an una- 
 voidable necessity to do so for the convenient division and 
 arrangement of the whole county or district. 
 
 126. Such division shall be made between the first annual nivision, when 
 meeting of the county council on the second Tuesday of De- ^"^^ '°"'^*' 
 cember, and the fifteenth day of March next after; and publi- 
 cation shall be forthwith made in each township of the boun- 
 
 -daries of all the proposed municipal townships, with a, notice 
 that the county council at its next half-yearly meeting in 
 •April will hear objections. 
 
 127. The county council shall, at the next half-yearly Number and ij- 
 meetingin April, consider all objections made by petition or ™ed!' ''"^ '^™'" 
 in person to the proposed township divisions, and at their 
 discretion establish, alter, modify, or re-arrange the same, 
 
 and having finally decided on the number and limits of the 
 several municipal townships, shall make immediate publica- 
 tion thereof in each township. 
 
 128. Immediately thereupon the inhabitants of each of The inhabitants 
 such municipal townships shall be a body corporate, have townshi'p?tb be 
 iperpetual succession and a common seal; with power to rate''lo°'^^°' 
 break, renew, and alter the same, and shall be capable of 
 
 sueing and being sued, of purchasing, acquiring, and holding 
 real and personal estate within the township, for the use of 
 the inhabitants thereof in their corporate capacity, and of 
 making and entering into such contracts as may be neces- 
 sary for the exercise of their corporate functions ; and their 
 powers shall be exercised by, through, and in the name of 
 the municipality of such township. 
 
 129. The municipal council of each township shall con- Municipal 
 sist of five councillors, one of whom shall be presiding 
 officer, under the name of town reeve, and the councillors 
 
 and reeve shall hold office for two years, and until the elec- 
 tion of their successors. 
 
 130. The first elections of such township councillors First election of 
 shall, after due notice to the respective townships for not Xen^hi'id!' 
 less than ten days given by the county council, be held on 
 
 the third Tuesday in November following, and at such 
 place, and before such presiding officers as shall be appointed 
 ■by the county council. 
 
 • 131. Succeednig biennial elections shall beheld on the succeeding ^^^ 
 third Tuesday of November in each alternate year, at such Lid. ' 
 place and before such presiding officers, and after such 
 notice as the township council shall by any bye-law ap- 
 point. 
 
482 
 
 MUNICIPALITIES. 
 
 [PAET in. 
 
 Chap. 133. 
 
 Elections, how 
 held. 
 
 Town reeve, 
 how elected.. 
 
 Meetings, how 
 summoned. 
 
 President of 
 meetings. 
 
 Requirements 
 for Toting. 
 
 Townships, by 
 whom divided. 
 
 Overseers of 
 poor, by whom 
 chosen, f. 
 
 132. Every election shall commence and be continued, 
 closed and notified, as directed in the case of county coun- 
 cillors, by sections eight and nine ; the township councillors 
 elect being summoned to meet on the fourth Tuesday of 
 November next after, at such place in the township as the 
 officer presiding may appoint, until the place of meeting 
 shall be determined by the township council ; at which time 
 and place the presiding officer and councillors elect shall 
 meet, and the councillors being sworn into office, the town- 
 ship council shall be organized and proceed to business. 
 
 133. At the first meeting the township councillors shall 
 elect from among themselves a town reeve in each muni- 
 cipal township, and every town reeve shall ex officio be a 
 county councillor. 
 
 134. There shall annually be held a meeting of the town- 
 ship council on the fourth Tuesday of November, to be 
 called the annual meeting ; and such other meetings, either 
 periodical or occasional, as the council shall appoint. The 
 township council may severally adjourn their meetings 
 from time to time, and the town reeve, or in case of his 
 death or absence, any two of the town council, may at any 
 time summon a special meeting ; the places and times of 
 meeting may be appointed by the township council by bye- 
 law, resolution, or adjournment, and the twenty-seventh 
 section shall, as far as applicable, extend to township coun- 
 cils and their meetings. 
 
 135. The town reeve shall preside at all meetings, or in 
 his absence some member of the council to be selected for 
 the purpose by the members present, who shall for the time 
 have the same authority as the town reeve. 
 
 136. No person shall be entitled to vote at the election 
 of township councillors unless he shall reside in the muni- 
 cipal township) and shajl have so resided for the time 
 required for residence in the case of voting for members of 
 assembly. 
 
 137. The township council, if they d®em it desirable, 
 may divide their township into five electoral wards, and 
 appoint polling places therein, and presiding officers to 
 receive the votes in each polling place ; each ward to return 
 one town councillor, who shall be resident within the town- 
 ship. 
 
 138. The township council,, at the first meeting, and at 
 each annual meeting afterwards, or at such other time as 
 they may appoint, shall vote for each poor district in the 
 township the sum they shall judge necessary for the sup- 
 port of the poor in that district, and for the purposes enu- 
 merated in the eighty-ninth chapter ; and shall appoint over- 
 seers of the poor for the existing poor districts within the 
 township until such existing poor districts shall be altered 
 by the town council, which districts they have power from 
 time to time to alter, if they shall see fit to do so. When 
 
TITLE XXXV.] MUNICIPALITIES. 483 
 
 a, poor district lies in more than one municipal township, Chap. 133. 
 the councils of the several municipal townships interested 
 may respectively appoint overseers to meet the circum- 
 stances within each municipal township ; and the several 
 townships interested may make agreements with each other 
 according to the emergency of the case, and if unable to 
 agree, the county council shall have power to make such 
 order as may be agreeable to justice. 
 
 139. In the case of the first election, each presiding Payment of offi- 
 officer shall receive in full for his services ten shillings ; and °®''^" 
 
 «ach poll clerk employed, five shillings. 
 
 140. Each township municipality shall appoint a clerk cierksandtrea- 
 and a treasurer, and shall prescribe their duties and the concemfng^^ 
 
 • security to be given by each for fidelity in office ; and the 
 clerk shall perform within the municipal township all the 
 duties by law required of town clerks. * 
 
 141. The following sections, as far as the same are, or Portions of the 
 may be applicable, and with such chaiiges of terms as may paigovemmint 
 be necessary to make them applicable to townships and of counties ap- 
 township municipalities, shall apply to township municipali- ship munidpa- 
 ties created under this chapter, that is to say : sections ^'''°^' 
 eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, 
 nineteen, twenty, twenty-one, twenty-two, twenty-five, 
 twenty-nine, thirty, thirty-three, thirty-four, thirty-five, thirty- 
 six, thirty-seven, thirty-nine, forty, forty-two, forty-four, forty- 
 five, forty-six, forty-seven, fifty-four, fifty-five, sixty, sixty- 
 four, sixty-eight, sixty-nine, seventy, seventy-one, seventy- 
 two, seventy-three, seventy-five, seventy-six, seventy-nine, 
 
 eighty, eighty-one, eigthy-two, eighty-three, eighty-four, 
 eighty-five, eighty-six, eighty-seven, eighty-eight, ninety, 
 ninety-one, ninety-five; also so much of sections sixty-nine, 
 seventy-three and ninety-four, as apply to townships or 
 township business or officers ; and also the following divi- 
 sion or sub-sections of the sixty-sixth section, viz., I., II., 
 III., except as relates to provincial road money, and the 
 IX. to the XVI., both inclusive, as far as applicable ; and 
 also the schedule of oaths. The township council may, by 
 resolution or bye-law, make regulations on the subject mat- 
 ters of the thirtj'^first and thirty-second sections ; also, may 
 determine what, if any, remuneration, shall be paid to the 
 town reeve and town councillors for their attendance and 
 services. 
 
 142. When in the above portions of this chapter the bieto^hJS-' 
 words county, or council, or municipality, or councillor, or ty shau be oon- 
 
 j • ■ Ti 1 1 1 i • strued as appli. 
 
 warden, or municipality clerk, or elector, or synoniraous cable to the 
 words occur, they shall respectively be construed to mean tow^hip. 
 township or town council, or township municipality, or 
 township councillor, or town reeve, or town clerk, as the 
 case may be, unless otherwise expressed, or the sense for- 
 bid the change. 
 
 31 
 
484 MUNICIPALITIES, [PABT IIJ. 
 
 Chap. 133. 143. When municipal townships shall come into opera- 
 seotions inoon- tion, the powers granted under the forty-third section, and 
 siBtent with this other soctions inconsistent with the sections from one hun- 
 coase,1ind the dred and twenty-five to one hundred and forty-two, inclu- 
 come into ope- sive, snaii ceaso, 
 
 ration. 
 
 CLAUSES FOE ADAPTING THE COUNTY MUNICIPALITY TO TOWN- 
 SHIP INCOEPOEATIONS. 
 
 144. After township incorporations shall be adopted, 
 and the municipal townships laid out and notified in any 
 incorporated county or district, the sections next following 
 shall come into operation therein, that is to say : 
 ?oanty council- 145. Thereafter in those counties or districts, no elec- 
 lors ahau not tion of couut)' couucillors shall take place. 
 Municipal 146. In such incorporated counties or districts, the town 
 
 "?Td' ^"^ reeves of the several municipal townships shall constitute 
 the municipal council; they shall continue in office two 
 years, and until their successors are appointed, commencing 
 theif duties on the second Tuesday of December after the 
 first and every subsequent general or bi-annual election of 
 town councillors, at which time the county councillors shall 
 go out of office. 
 Election of war- 147. On the second Tuesday of December after the first, 
 dens. and after each subsequent general or bi-annual election, the 
 
 county council, and the recently elected town reeves, shall 
 assemble at the county or district court house. The town 
 reeves shall respectively exhibit and lodge with the county 
 clerk a certificate of their election as township reeves, 
 signed by the town clerk of the respective township muni- 
 cipalities, and they shall forthwith take the oath of office as 
 county councillors, and then enter upon the duties of their 
 office, and shall immediately proceed to elect by majority of 
 votes from among themselves, a warden, who shall take the 
 oath of office, and shall then enter upon the duties of his 
 office, and who shall be subject to the twenty-first section ; 
 and in case the person so elected shall not qualify and serve 
 in the said office, the county council shall choose, by a 
 majority of votes from among themselves, a warden duly 
 qualified, until one shall be found willing to serve. 
 Authority, &c., 148. The Warden shall have all the authority of county 
 ef wardens. councillor ; he shall hold office for two years, and there- 
 after till his successor be appointed and has qualified, and 
 he may be re-elected. Whenever a vacancy occurs during 
 the term of office, by death, resignation, or otherwise, the 
 council shall, at its first meeting thereafter, elect a warden 
 for the remainder of the time ; during the temporary 
 absence of the warden, his place may be filled by a chairman 
 for the time being, with all the authority of the warden, to 
 bo chosen by the members present. 
 Eiectioiis,&e., 149. It is declared that the first municipal election in 
 power of coun- any county or district hereafter to be incorporated, is to 
 
TITLE XXXV.] MUNICIPALITIES. ' 485 
 
 take place on the third Tuesday of November next after its Chap. 133. 
 incorporation ; and the first meeting of the county council- ous- relative 
 lors then elected is to be held on the second Tuesday of ^"*^^s°f <=<>"" 
 December then next after. Until such first meeting of the ship councils" 
 county council, the existing authorities and modes of 
 administering the afiairs of the county, and of the town- 
 ships and districts therein, are to continue in force. On 
 the organization of the county council at that meeting, and 
 froni thence until its next succeeding annual meeting, the 
 county council is to administer the affairs of the county, 
 and of the townships and districts therein, under and in 
 conformity with the provisions of this chapter. 
 
 150. On the third Tuesday of November next after the 
 said first meeting of the county council, the first election 
 of township councillors is to take place, instead of the elec- 
 tion of county councillors ; and on the fourth Tuesday of 
 November next thereafter, the first meetings of the town- 
 ship councils are to be held, and on the second Tuesday of 
 December then next following, being the second annual 
 meeting of the county council, the newly constituted 
 county council is to be organized, and thenceforth the 
 administration of the county and the township afiairs is to 
 be separated, and all the powers and jurisdiction over 
 township afiairs, which are given to the county council, and 
 which are given to the township councils, shall thereafter 
 no longer be exercised by the county council, but shall 
 exclusively be vested in and be exercised by the township 
 municipalities ; and all other the powers and jurisdiction 
 given to the county municipalities, and not herein given to 
 the township municipalities, shall continue to be exclu- 
 sively vested in and exercised by the county municipalities ; 
 provided that assessors, collectors, overseers, and other 
 ministerial officers, having duties commenced, and not com- 
 pleted, on the occasion of any of the said changes of 
 authority and jurisdiction, shall continue to have legal 
 authority for the completion of such' duties, unless the 
 council coming into authority shall otherwise order ; and 
 they shall make return, and account to such council accord- 
 ing to its direction, and otherwise obey its authority. 
 
 SCHEDULE OF OATHS. 
 
 Oath of office, to he taken by all persons appointed to any 
 office or duty under this chapter for which no oath of office' 
 is specially provided. 
 
 I, A. B., do solemnly swear [or affirm lohere the partyi 
 is entitled to affirm,'] that I will truly, faithAilly, and impar- 
 tially, to the best of my knowledge and ability, execute the 
 ofiice of [inserting the name of the office, as presiding' 
 officer, or clerh at the elections, or warden, councillor,. 
 
486 MUNICIPALITIES. [PART III. 
 
 Chap. 133. county derh, &c., &c. as the case may 6e,] to which I have 
 been eleoted [or appointed] in this municipality, and that I 
 have not received, and will not receive, any payment or 
 reward, or promise of such, for the exercise-of any parti- 
 ality, or malversation, or other undue execution of the said 
 office. So help me God. 
 
 Oath of office for the auditors. 
 
 I, A. B., do solemnly swear \or affirm when the party is 
 entitled to affirm,'] that I will faithfully, and impartially 
 to the best of my knowledge and ability, execute the 
 office of auditor, to which I have been appointed in this 
 municipality, and that I have not received, and will not 
 receive, any payment or reward, or promise of such, for 
 the exercise of any partiality or malversation, or other undue 
 execution of the said office ; and that I have not, during 
 the time preceding my appointment to the said office of 
 auditor, and that I have not since had, and that I have not 
 now, directly or indirectly, any share or iijterest whatever 
 in any contract or employment, with, by, or on behalf of the 
 municipal corporation of . So help me God. 
 
 Oath of qualification, 
 
 I, A. B., do swear [or affirm] that I am a natural born [or 
 naturalised] subject of her majesty, and, that I am by law 
 
 qualified to be elected to the office of , in the municipality 
 
 of according to the true intent of chapter one hun- 
 dred and thirty-three, and that a correct account, to the 
 best of my knowledge and belief, of the property in respect 
 whereof I claim to be so qualified, is contained in the sche- 
 dule hereunto annexed. So help me God. 
 
 SCHEDULE A. 
 
 t County of King's. 
 
 Each electoral district shall return two councillors, ex- 
 cept the Aylesford district, which shall return four coun- 
 cillors. 
 
 County of Queen's 
 
 Three councillors to be returned for electoral district 
 number one. 
 
 County of Yarmouth. 
 
 In the district of Yarmouth three councillors shall be 
 returned for electoral district No. 2, and one councillor for 
 electoral district No. 4. 
 
TITLE XXSVI.] PLEApiNGS AND PRACTICE. , 487 
 
 fy.,:^. .^^^^^«^ ^^^^^.i^^A---- -^ "Chap. 134. 
 
 ^■^y y- TITLE XXXVI. 
 
 OF COURTS AND PROCEEDINGS THEREIN. 
 
 CHAPTER 134. 
 
 OF PLEADINGS AND PRACTICE IN THE SUPREME COURT. 
 
 Part th.e First. 
 
 WHITS OF MESNE PROCESS. 
 1. All personal actions shall be commenced by writ of Writs of mesne 
 summops or replevin, and in case of absconding debtors, p™"^^^" 
 attachment or summons, in the forms set forth respectively 
 in appendix A. numbers 1, 2, 3, and 4 ; and where the Commencement 
 amount claimed is under twenty pounds, the writ shall be ° 
 marked on the back thereof, summary cause ; and every Forms, 
 writ shall be subscribed with the name of the plaintiff issu- 
 ing the same, and with his place of abode, or with the name 
 of the attorney issuing the same. 
 
 .2. It shall not be necessary to mention any form of ^°™ "„ o^''°°j 
 action in the writ or other proceedings. necessary. 
 
 3. The teste of all writs, whether of mesne process or Teste abolished-, 
 ■ otherwise, shall be abolished, and every writ shall be dated dafi.''''™ 
 
 by the prothonotary the day it is issued. 
 
 4. The writ shall contain the declaration according • to dl^o^arayon***" 
 the practice now adopted in summary causes, and to the 
 
 forms in appendix 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. 
 
 5. If a plaintiff, in any action commenced by summons. Affidavit to iiow 
 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 affi- 
 davit of himself, or some other person, shew, to the satis- 
 faction of a judge or commissioner, that such plaintiff has 
 a cause of action against the defendant or defendants, to the 
 amount of five pounds or upwards, or ha^sustained damage 
 to that amount, and that there is probable cause for believ- 
 ing that the defendant, or any one or more of the defen- 
 dants, is or are about to quit the province, unless he or they 
 be forthwith arrested, such judge or commissioner may, by 
 a special order, direct that such defendant or defendants, 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 com- 
 
488 PLEADINGS AND PRACTICE. [PART III. 
 
 Chap. 134. missioner shall think fit; and thereupon the plaintiff within 
 Capias. tlie 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 
 Form. writ shallbe in the form in appendix A, number 5. Where 
 
 a defendant is ordered to be held to bail under this sec- 
 Baii bond. tion, after he has appeared to the action, the form of the 
 bail bond in the appendix number twenty-two, shall be 
 modified accordingly. 
 Bail, how ta- 6. The sheriff" shall, within one month after the date of 
 """ such capias, but not afterwards, proceed to arrest such de- 
 
 fendant thereupon, and he shall remain in custody until he 
 shall have given a bail bond to the sheriff, or shall have made 
 Deposit. deposit of the sum endorsed on such writ of capias,together 
 
 with ten pounds 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. 
 wronE name, 7. Where the defendant shall be described in the pro- 
 of' christia™''* cess,or affidavit to hold to bail by initials, or by a wron^name, 
 name in afflda- or without a christian name, the defendant shall not be dis- 
 charged out of custody, or the bail bond delivered up to be 
 cancelled, if it shall appear by the affidavit that due dili^ 
 gence has been used to obtain a knowledge of the proper 
 name. 
 Where defend- 8. Where a defendant is committed to jail on mesne 
 TMt, and^piain- proccss, and the plaintiff does not proceed to trial in the 
 titi dTO| not term next after his committal, or in the sittings thereafter, . 
 the defendant shall be discharged on entering a common 
 appearance on the last day of such term, or the sittings 
 thereafter, provided he was ready for trial at such term or 
 sittings, and had pleaded issuably to the declaration, if ser- 
 ved upon him, and given notice of his readiness for trial, 
 and provided the cause had been called for trial, and also 
 provided the court shall not, on sufficient cause shewn on 
 . affidavit, be of opinion that the defendant ought not to be 
 discharged. 
 Writs when re- 9. There shall be no special return days for writs of 
 turna le summons, writs of replevin and writs of attachment and 
 
 summons, against absent or absconding debtors, or their 
 agents or trustees; but such writs shall be returnable within 
 ten days after the service thereof, if the defendant 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 
 may be entered against the defendant if he shall not ap- 
 pear and plead within four .days after the expiration of 
 
TITLE XXXVI. J PLEADINGS AND PRACTICE. 489 
 
 such periods of ten, twenty, or thirty days, as the case Chap. 134. 
 may be. 
 
 10. The writs shall summon the defendant to appear Form of, how 
 " within ten, twenty, or thirty days (as the case may be) '^ 
 
 after the service of this writ." 
 
 11. Writs shall be directed thus: To the sheriff of Writs, how di- 
 -, or to any other of our sheriffs ; and may be executed eouted.*" 
 
 by any sheriff within his bailiwick, and concurrent writs 
 may be issued. 
 
 12. The sheriff shall in his return on every writ of mesne Endorsement 
 process state the very day on which it was served, and"""^^"™' 
 shall not be allowed any fees on process served by him 
 
 where the return is not so made. 
 
 13. No person upon the Lord's day shall serve or exe- Lord's day, no 
 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 qr process. 
 
 14. The service of the writ wherever practicable shall Service of writ, 
 be personal, but the plaintiff shall be at liberty to apply, 
 
 from time to time, if necessary, on affidavit 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 ser- 
 vice, order that the plaintiff be at liberty to proceed as if 
 personal service had been effected, subject to such condi- 
 tions as to the court or a judge may seem fit. 
 
 15. Writs against a corporation may be served on the ™t'°ns° °°^i'°' 
 principal officer, or on tlie clerk or secretary. 
 
 16. The plaintiff shall annex, or endorse on his writ and Particulars, 
 copy thereof, the particulars of his claim, in the form, or to 
 
 the effect contained in appendix A, number 6, in all cases 
 where the claim is for a debt, or liquidated demand in 
 money, with or without interest arising upon a contract 
 express or implied. 
 
 17. If such particulars are not given, the plaintiff shall f^^ifj^ H^' 
 not be entitled to final judgment on non-appearance of 
 defendant. 
 
 18. The plaintiff's particulars shall give credits, if there To give credits. 
 be any. 
 
 19. Notice of trial may be endorsed on writs of sum- Notice of trial. 
 mens. 
 
 20. A sefroff by defendant shall be pleaded, and he shall lf,lf^i,^^^^f/' 
 annex to, or indorse on his plea, and copy thereof, full 
 particulars of each set-off, giving credits, if there be any, 
 
 and in default, his plea may be treated as a nullity ; such 
 particulars shall be assimilated in form to those in appendix 
 A, number 6. 
 
 21. Neither plaintiff nor defendant shall be at liberty to Particulars of 
 
 1 ■ T , • 1 ■;! 1 i ii !• demand or set 
 
 adopt his adversary's particulars, without at the same time off adopted by 
 admitting the adverse side of the account or claim as pre- ®''''™ '''^'^'^'" 
 sumptive proof thereof. 
 
490 
 
 PLEADINGS Am) PRACTieB. 
 
 [part m. 
 
 Chap. 134. 22. A STimmons 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 better particulars, or for 
 amending particulars, shall be granted only by a judge, and 
 upon affidavit. 
 
 23. 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 of the 
 summons ; nevertheless, judgment shall not be signed until 
 the day after the delivery of particulars, unless otherwise 
 ordered by a judge, and the judge may order further time. 
 
 Summona for 
 l^artioulars. 
 
 Time to plead 
 after delivery 
 of particulars. 
 
 Judgment by 
 deliiult. 
 
 Appearance. 
 
 After time for 
 pleading elap- 
 sed and oefore 
 judgment. 
 
 Parties admit- 
 ted to defend 
 ftcrHnal judg- 
 ment. 
 
 Judgment by 
 default where 
 particulars not 
 given. 
 
 Assessment of 
 damages where 
 default marked. 
 
 APPEARANCE AND JUDGMENT FOR NON-APPEARANCE. 
 
 24. In case of non-appearance, where particulars are 
 annexed or endorsed, the plaintifi" may, after the time for 
 appearance has elapsed, sign final judgment, which may be 
 entered in the form given in appendix A, number 7, and on 
 which no proceeding in error shall lie, for any sum not 
 exceeding the siim mentioned in the particulars, with in- 
 terest, at the rate specified, if any, to the date of judgment 
 and taxed costs; but the plaintiif shall not, in such case, be 
 entitled to recover any sum beyond the aum so mentioned, 
 wiA interest and costs. 
 
 25. A party may appear at any time before judgment by 
 default, and if he appear after the time specified in the writ 
 of summons, he shall, after notice of such appearance to the 
 plaintiff or his attorney, as the case n>ay be, 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 proceedings, than if he bad appeared within such 
 appointed time. 
 
 26. It shall be lawful for the court or a judge, either 
 before or at any time within one year after final judgment, 
 to let in the defendent to defend upon an application sup- 
 ported by satisfactory affidavits, accounting for the non- 
 appearance, and disclosing a defence upon the merits. 
 
 27. In case of non-appearance, where the particulars are 
 not given, judgment by default may be signed at the expi- 
 ration of the time for appearance, but no costs shall be 
 allowed in respect of assessment of damages unless it appear 
 that the plaintiff could not conveniently furnish the parti- 
 culars at the time of the issue of the writ. 
 
 28. In actions for the recovery of debts, where a judg- 
 ment for default has been marked, the court or a judge, may 
 assess the damages on competent evidence in writing, or 
 viva voce ; and the attendance of witnesses and production 
 of documents before the court or a judge may be enforced 
 by subpoena, in the same manner as upon the trial of a cause 
 
TITLE XXXVI.] PLEADINGS AND PEACTICE. 491 
 
 before a jury. Upon such assessment, signed by the judge Chap. 134. 
 or prothonotary, being filed, the costs in the action may be 
 taxed, and final judgment entered thereon. 
 
 29. Either party, upon due application to the court, or a Jury may be 
 judge, may have the assessment made by a jury, or, at any ortoeaf*^ °' 
 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- 
 
 pearance 
 
 30. The defendant shall appear and plead withi'ji four Appean 
 days after the time specified in the writ for his a"ppear- fo". ^^^^' '""** 
 ance. \ 
 
 31. Every writ by which an action is commenced, Noioe to ap- 
 except in ejectment, shall be endorsed with the notice in endjrsed ra^" 
 the form in appendix A, number 8. ^"'' 
 
 32. Every appearance by the defendant, in person, shall Appearance by 
 contain an address, at which it shall be sufficient to leave person^"* '° 
 all pleadings and other proceedings not requiring personal 
 
 service ; and if the address be not given, the plaintiff may^?>'Tice of piea- 
 proceed by sticking up the^ proceedings in the prothorioydan^^'^earing 
 tary's office, without further service, until the true address '" p^"""- 
 be given. 
 
 33. In any action brought against two or more de^n- When one of 
 dants, where the writ of summons is endorsed in the sp^ialj.dant™oniy*a'p- 
 form hereinbefore provided, if one or more of the defen-.'P®""- 
 dants shall only appear, and another or others of them shall' 
 
 not appear, it shall be lawful for the plaintiff to sign judg- 
 ment 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 entitled to their costs ; 
 or the plaintifi" may, before issuing such execution, proceed 
 against such defendant or defendants as shall have appeared, 
 stating, by way of suggestion, the judgment obtained against 
 the other defendant or defendants who shall not have ap- 
 peared, in which case the judgment so obtained against the 
 defendant or defendants who shall not have appeare4, shall 
 operate and take effect, whether the plaintiff succeeds 
 against the other defendant or defendants or not. 
 
 34. It shall not be necessary to file warrants of attorney ^roseoStlor'd*; 
 to prosecute or defend. f^^ unnecessa 
 
 35. Common bail is abolished, and 'the appearance shall common bau 
 be in the form in appendix A, number 9. abolished. 
 
 JOINDER OP PARTIES. 
 
 36. The joinder of too many plaintiffs shall not be fatal ^aS'''"'iaiQy^ 
 to any action, but the plaintiff or plaintiffs entitled may ™*°^p 
 recover. 
 
 37. The defendant, in any action in which there is more setoff agamat 
 than one plaintiff, on pleading a set off may obtain the bene- periy joined. '^''" 
 
492 
 
 PLEADINGS AND PEACTICE. 
 
 [PAET III. 
 
 Non-joinder of 
 plaintiff. 
 
 How amended. 
 
 Too many de- 
 fendants. 
 
 CiiAP. 134. fit 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. 
 
 38. The non-joinder of a person as plaintiff in an action 
 on contract, 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. 
 
 39. In case such notice be given, or any plea of non- 
 joinder be pleaded, the plaintiff shall be at liberty 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. 
 
 40. Where too many defendants are joined in an action 
 on contract, the plaintiff shall be at liberty to recover 
 against such defendant or defendants as appear to be liable, 
 and the other defendants shall be acquitted with like pro- 
 visions respecting set off, and evidence as in the case of too 
 many plaintiffs, and the defendants so acquitted shall be 
 entitled to their costs. 
 
 41. Upon a plea in abatement of non-joinder of a con- 
 tractor as defendant, the plantiff may amend his writ, serve 
 the amended writ on the added defendant, and proceed 
 against both, and the date of such amendment shall, as 
 between such added defendant and the plaintiff, be con- 
 sidered the commencement of the suit. ' 
 
 42. In such case, if upon the trial of the cause, it shall 
 appear that the added defendant was jointly liable with the 
 original defendant, the original defendant shall be entitled 
 to the costs of th<S;plea in abatement and amendment; but 
 if at the trial it sh&l appear that the plaintiff cannot main- 
 tain 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 ro recover against 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. 
 
 43. In any action brought by a man and his wife, for an 
 injury to the wife, in respect of which she is a necessary 
 plaintiff, there may be joined claims by the husband alone, 
 but in the case of the death of either plaintiff, the suit so. 
 
 Plea in abate- 
 ment of non- 
 joinder. 
 
 Costs. 
 
 In actions by 
 husband and 
 wife, claims of 
 husband alone 
 may be joined. 
 
TITLE XXXVI.] PLEADINGS AND PRACTICE. 493 
 
 far only as relates to the causes of action, if any, which do Chap. 134. 
 not survive, shall abate. 
 
 44. The death of a plaintiff or defendant shall not cause Death of par- 
 the action to abate, but it may be continued in manner and ''^^' 
 under the restrictions hereinafter mentioned. 
 
 45. If there be two or more plaintiffs or defendants and of one of seve- 
 one or more of them should die, if the cause of such action ^^ ^'^'^ '^^' 
 shall survive to such surviving plaintiff or plaintiffs, or 
 
 against the surviving defendant or defendants, the action 
 shall not be thereby abated, but such death being suggested 
 upon the record, the action shall proceed at the suit of the 
 surviving plaintiff or plaintiffs against the surviving defen- 
 dant or defendants. 
 
 • 46. In case of the death of a sole plaintiff, or sole sur- of sole plaintiff, 
 viving plaintiff, the legal representative of such plaintiff 
 may at any time within two years after such death, by leave 
 of the court or a judge, enter a suggestion of the death, and 
 that he is such legal representative, and the action shall 
 thereupon proceed ; and if such suggestion be made before 
 the trial, the truth of the suggestion shall be tried thereat, 
 together with the cause of action of deceased plaintiff ; and 
 such judgment shall follow upon the verdict in favor of, or 
 against the person making the suggestion, as if such person 
 were originally the plaintiff. 
 
 47. In case of the death of a sole defendant or sole sur- of sole defen 
 viving defendant, where the action survives, the plaintiff ^° ' 
 may make a suggestion, either in any of the pleadings if 
 the cause has not arrived at issue, or in the 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 by 
 the plaintiff, or his attorney, requiring such executor or 
 administrator to appear and plead within twelve, eighteen, 
 or twenty-five days, as the case may be, after service of the 
 notice ; and that in default of his so doing, the plaintiff may 
 sign judgment against him as such executor or administrator, 
 and the same proceedings maybe had in case of non-appear- 
 ance 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 ; and 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 there- 
 to at the same time, and in case the plaintiff shall have ser- 
 ved his declaration, but the defendant shall not have pleaded 
 before the death, the new defendant shall plead at the same 
 time to the declaration and suggestion, and in case the de- 
 fendant shall have pleaded berore the death, the new defen- 
 dant shall be at liberty to plead to the suggestion, only by 
 way of denial, or such plea as may be appropriate and ren- 
 
494 PLEADINGS AND PEACTICE, [PART lU, 
 
 Chap. 134. dered necessary by his character of executor or administra- 
 tor, 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 the 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 
 continue the pleadings to issue in the same manner as the 
 deceased might have done, and the pleadings upon the 
 declarations, 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 of 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 origi- 
 nally commenced against the executor or administrator. 
 The death of 48. The death of either party, between the verdict and 
 between verdict the judgment, shall not hereafter be alleged for error, so as 
 and judgment, guch judgment be entered within two terms after such 
 
 verdict. 
 Of plaintiff 49. If the plaintiff in any action happen to die after an 
 
 tory'and°before intcrlocutory judgment, and before a final judgment obtained 
 final judgment, therein, the action shall not abate by reason thereof, if such 
 action might be originally prosecuted or maintained by the 
 executor or administrator of such plaintiff; and if the defen- 
 dant die, after such interlocutory judgment, 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 interlo- 
 cutory judgment, or if he be dead, then against his execu- 
 tors or administrators, to shew cause why damages in such 
 action should not be assessed and recovered by him, or 
 them ; and if such defendant, his executors, or- administra- 
 tors sliall 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 thereupon assessed as 
 hereinbefore provided ; and upon the return of the writ or 
 delivery of the order, with the amount endorsed thereon, 
 judgment final shall be given for the plaintiff, his executors, 
 or administrators, prosecuting such writ of revivor against 
 such defendant, his executors, or administrators respec- 
 tively. 
 Marriage of a 50. The marriage of a woman, plaintiff or defendant, shall 
 «ff"or°ie^fln-°" ^0*^ cause the action to, abate, but the action may notwith- 
 dant. standing, be proceeded with to judgment, and such judg- 
 
 ment may be executed again^ the wife alone, or by sugges- 
 tion or writ of revivor, pursuant to this act, judgment may 
 be obtained against the husband and wife, and execution 
 issue thereon, and in case of a judgment for the wife, 
 
TITLE XXXVI.] PLEADINGS AND PRACTICE. 495 
 
 execution may be issued thereupon by the authority of the Chap. 134. 
 husband, without any writ of revivor or suggestion, and ' 
 if in any such action, the wife shall sue or defend by attor- 
 ney, 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 attor- 
 ney changed according to the practice of the court. 
 
 QUESTIONS EAISED BY CONSENT WITHOUT PLEADING. 
 
 51. The parties, after writ issued, may, by leave of the ^'^^^^es and 
 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. 
 
 52. Upon such finding, judgment may be entered, and Jaflgment. 
 the proceedings recorded. 
 
 53. Questions of law, after writ issued, may be stated Questions of 
 for the opinion of the court, without pleading, and with "'"^ 
 similar agreements as to money and costs to be recovered, 
 
 and with or without an agreement to bring errors, which 
 may be brought when agreed. 
 
 PLEADING. 
 
 54. Every declaration, whether in the body of the writ Declaration, 
 or annexed, and subsequent pleadings wliich shall clearly ™ ' 
 and distinctly state all such matters of fact as are necessary 
 
 to sustain the action, defence, or reply, as the case may be, 
 shall be sufficient, and it shall not be necessary that such 
 matters should be stated in any technical or formal lan- 
 guage or manner, or that any technical or formal statements 
 should be used. 
 
 55. All statements which need not be proved, such as immaterial 
 the statement of time, quantity, quality and value, where to%e"miited.' 
 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 instance, 
 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 court or a judge with or without 
 costs. 
 
 56. In summary causes where the plaintifi" claims less No plea in Bum. 
 than twenty pounds, the defendant shall not be required to """^ <»«Be»' 
 file or serve a written plea but he shsill serve a written 
 
 notice of appearance, [in which he shall state briefly the 
 
496 PLEADINGS AND PRACTICE. [PART III. 
 
 Chap. 134. grounds of his defence, and, if he means to rely upon a sett 
 off, he shall serve the plaintiff or his attorney with the par- 
 ticulars thereof.] 
 Change of 57. No venue shall be changed without a special order 
 
 Tenue. ^f ^^le court or a judge, unless by the consent of the 
 
 parties. 
 No Tenue in 58. The name of the county in the writ shall in all cases 
 body of writ, ^^q taken to be the venue intended by the plaintiff, 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 descrip- 
 tion shall be given. 
 Demurrer to 59. Either party may object by demurrer to the plead- 
 p ea ing3. ^^^^ ^^ ^^^ adverse party, on the ground that such pleading 
 does not set forth sufficient ground of action, defence, or 
 reply as the case may be ; and where issue is joined on 
 demurrer, the court shall proceed and give judgement 
 according as the very right of the cause and matter in law 
 shall appear unto them, without regarding any imperfection, 
 omission, defect in, or lack of form ; and no judgment shall 
 be arrested, stayed, or reversed for any such imperfection, 
 omission, defect in, or lack of form. 
 Defects in form, 60. Except in the cases hereinafter particularly men- 
 omisaiona, &c. tiongfj^ ^o pleading shall be deemed insufScient for any 
 
 defect now objectionable on special demurrer only. 
 Dupioiity, ar- 61. Duplicity, argumentativeness, and uncertainty, shall 
 nesTunoertain- ^^ °° longer grouuds of objection to a pleading, unless the 
 ty. ' effect of such duplicity, argumentativeness, or uncertainty 
 
 shall be to embarrass the opposite party ; but if any plead- 
 ing by reason of duplicity, argumentativeness, or uncer- 
 taintj^, shall be so framed as to embarrass or mislead the 
 opposite party, it shall be competent to the latter to apply 
 to a judge to have such pleading amended, which applica- 
 tion shall be by summons, wherein the party shall state the 
 particular ground of objection, and require that the pleading 
 be amended. 
 Amendment, 62. Upou the hearing of such summons, if the judge 
 St'off ""** 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 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, argumentativeness, or 
 uncertainty, 
 red by two last 63. The powers conferred upon a judge under the two 
 eroisedbyoourt last sections, may be exercised by the court. 
 
TITLE XXXVI.] PLEADINGS AND PRACTICE. 497 
 
 64. A demurer on any such ground shall state that it is Chap. 134 . 
 pleaded by leave, and shall repeat the objection taken in the Demurrer fueci 
 summons and that only. ^ 
 
 65. Upon the argument of such demurrer the court shall Judgment on 
 give judgement according to the validity or invalidity of ^^™""''"'- 
 the specified objection and the substance of the pleading. 
 
 66. The form of a demurrer shall be as follows : Form of, 
 The plaintiff [or defendant] by his attorney, [or 
 
 inpe^'son] says that the declaration [or plea, <fcc.] is bad in 
 substance, for the folloAving reasons, viz.^ 
 
 67. The form of a joinder in demurrer, in all other cases Form of joinder, 
 shall be as follows : 
 
 The plaintiff [or defendant] says that the declaration [or 
 plea, &c.] is good in substance. 
 
 68. In every demurrer some matter of law intended to Matters of law 
 be argued shall be stated; and if any demurrer shall ^g '" '"^ ^''''''"*- 
 delivered without such statement, or with a frivolous state- 
 ment, it may be set aside as irregular by the court or a 
 
 judge, and leave may be given to sign judgment as for 
 want of a plea ; but the party demurring, may, at the time 
 of the argument, insist upon any further matters of laAv, 
 which have been added to the demurrer by a judge's order. 
 
 69. No rule for joinder in demurrer shall be required, Demand of join- 
 but the party demurring may demand a joinder in demurrer ; fo//uief ''"'^*^ 
 and the opposite party shall be bound within ten days after 
 
 such demand to deliver the same, otherwise judgment. 
 
 70. The court or a iudge shall, in all cases, have power Frivolous or 
 
 / X VGXiltiOU.S 
 
 to set aside frivolous or vexatious pleadings, and pleadings amended piead- 
 colourably amended, in pretended compliance with a judge's '"^^' 
 order to amend. 
 
 71. All statutory enactments allowing parties to plead General issue 
 the general issue or other general plea, and to give special abolisiied! 
 matter in evidence, under such plea, are repealed. 
 
 72. The forms contained in schedule B, shall be sufH- Forms, 
 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 errone- 
 ous or irregular to depart from the letter of such forms, so 
 long as the substance is expressed without prolixity. 
 
 73. In all actions upon bills of exchange and promissory Pieas- 
 notes, pleas that the defendant " never was indebted," or i^?ifa''*^rex"'"'° 
 " did not promise as alleged," shall be inadmissable. In change, 
 such actions therefore, a plea in denial must traverse some 
 
 ma,tter of fact : for example, the drawing, or making, or en- 
 dorsing, or accepting, or presenting, or notice of dishonor 
 of the bill or note. 
 
 74. In every species of actions on contracts, all matters on contraota. 
 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 exam- 
 
498 
 
 PLEADINGS AND PRACTICE. 
 
 [PART in. 
 
 On policies of 
 assurance, &e. 
 
 On speoisklities. 
 
 Chap. 134. pie, infancy, coverture, release, payment, performance, ille- 
 gality of consideration, either by statute or by common law, 
 drawing, endorsing, accepting, &c., bill or note by way of 
 accommodation, set off, mutual credit, unseaworthiness, mis- 
 presentations, concealment, deviation, and various other 
 defences, must be pleaded. 
 
 75. In actions on policies of assurance, the interest of 
 the assured may be averred thus : — " That A. B. C. and 
 D. [or some or one of them] were or was interested," <fec. 
 And it may be algo averred, " that the insurance was made 
 for the use and benefit and on the account of the person or 
 persons so interested." 
 
 76. In actions on specialities 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, inclu- 
 ding matters which make the deed absolutely void as well 
 as those which make it voidable. 
 
 77. The plea of " nil debet" shall not be allowed in any 
 action. ~^' yt^ci.c.^^ti^-i-^-',-^.^^ ^ 
 
 78. All matters in confession and avoidance shall he 
 pleaded specially as above directed in actions on simple 
 contracts. 
 
 79. 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. 
 
 80. In actions for wrongs independant of contract a plea 
 that the defendant did not do which 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 inducement, 
 and no other defence than such denial shall be admissable 
 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 contracts. 
 
 81. In actions for trespass to land, a plea that the defen- 
 dant did not commit the trespass complained of shall operate 
 as a denial that the defendant committed the trespass alleged 
 in the place mentioned, but not as a denial of the plaintiff's 
 possession or right of possession of that place, which, if 
 intended to be denied, must be traversed specially. 
 
 82. In actions for taking, damaging, or converting the 
 plaintiff's goods, a plea denying the defendant's having com- 
 mitted the Avrong alleged by taking, damaging, or converting 
 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. 
 
 83. There shall be no further pleadings after the plea of 
 the defendant, except a demurrei*thereto, or a replication to 
 a plea of set off, or plea of matter occurring subsequently 
 
 •Nildetet." 
 
 Matters inooD' 
 fessiou. 
 
 Payment. 
 
 Actions for 
 wrongs. 
 
 For trespass. 
 
 Tot taking 
 goods, &c. 
 
 No ftirther 
 pleadings. 
 
TITLE XXXVI.] PLEADINGS AND PRACTICE.- 499 
 
 to the commencement of the action, unless by the special Chap. 134. 
 
 leave of the court, or a judge, or an application to allow ~ ' 
 
 such fiirther pleading, which shall only be allowed in case 
 the real question or questions, whether of fact or law be- 
 tween the parties, cannot conveniently be raised and put in 
 issue by the amendment of the previous pleadings ; and 
 - where there is no replication the plaintiff shall be taken to 
 have joined issue on the defendant's pleas. 
 
 84. Express colour, profert, oyer, and special traverses, Express color, 
 are abolished. ' iaf&iT/d. 
 
 85. Each party shall be entitled to demand of the other inspoetion of 
 a copy or inspection, or both copy and inspection, in whole pfe^s^may be de- 
 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 ■obtained by a bill of discovery ; and in the event of such 
 copy nut being delivered, or such inspection not being 
 granted, shall be entitled to apply to the court or a judge 
 far an order for such copy or inspection, or both, as the 
 court or a judge may -think fit.. ■:■ 
 
 86. Such demand, summons, or order, shall be no stay Suoh demand to 
 , of proceedings, unless specially ordered; and the court or proo'eedingl "'^ 
 
 a judge may impose such conditions for enforcing obedience 
 .thereto as may be deemed right. 
 
 87. A party pleading in answer to any pleading in which Documents set 
 such document is mentioned or refered to, shall be at liberty tags.™ ^^^'^^' 
 to set o"ut the whole, or such part, or the substance 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. 
 
 88. A plaintiff or defendant may aver performance of Averment of 
 conditions precedent generally, and the opposite party shall anl°l^iah 
 not deny such averment generally, but shall specify the con- 
 dition or conditions precedent the performance of which he 
 
 intends to contest. 
 
 89. The general issue is abolished, and every pleading General issue 
 shall specify, particularly and concisely, the facts intended * ° '^ ^ ■ 
 to be denied. 
 
 90. The rule to plead, and the demand of plea shall be Rule to plead 
 abolished, and the notice to plead, which may be endorsed piea aboUshed. 
 on the writ, or declaration, or delivered separately, shall be ' 
 
 alone retained. 
 
 91. 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 plainti^ or defendant to plead reply, &c. in 
 the cause" ; and thereupon, if the party thus notified shall 
 neglect to file his plea, replication, rejoinder, or other plead- 
 ings, as the case may be, within ten days from the time of 
 service of such notice, and to deliver a copy of the same to the 
 opposite attorney, the party giving such notice shall, aifterthe 
 32 
 
500 
 
 PLEADINGS AND PEACTICE. 
 
 [PAET III. 
 
 Chap. 134. expiration of that time be at liberty, being plaintiff in the 
 cause, to mark a default as for want of plea ; or, being de- 
 fendant, to sign judgment of non pros : provided, however, 
 that the court or a judge may, upon application, grant fur- 
 ther time to plead; and may also, upon proper cause alleged 
 and verified, order such default or Tion pros to be set aside, 
 upon such terms as shall be thought reasonable and just : ' 
 and provided also, that the court or any judge thereof may, 
 in such cases as require it, give a rule or order to plead, 
 reply, &c., within any shorter period than ten days. 
 
 92. 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 shall be required to find the truth on each issue. 
 
 93. No entry of continuances, 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 con- 
 tinuance 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. 
 
 94. Any defence arising after the commencement of 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 mat- 
 ter arising before action. 
 
 95. In ejectment and in trespass qua/re claiisum fregit, 
 the property shall be described by metes and bounds, or 
 other certain designation. 
 
 96. In any action for trespass to a person or property, 
 the defendant shall be entitled to particulars, identifying the 
 cause of action for which the plaintiff is proceeding, and 
 the pla,intiff 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. 
 
 97. No new assignment shall be pleaded unless by leave 
 of the court or a judge. 
 
 98. No plea which has already been pleaded to the decla- 
 ration, 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 proof that the 
 repetition of such plea is essential to a trial on the merits. 
 
 99. In actions of libel and slander, the plaintiff may 
 aver that the words or matter complained of, were used in 
 a defamatory sense, specifying such defamatory sense, with- 
 out any prefatory averments to ghew how such words or 
 
 Several counts 
 for same cause 
 of aetioQ. 
 
 Costs. 
 
 New defence 
 arising after 
 last pleading. 
 
 Entry of con- 
 tinuances, &c.. 
 abolished. 
 
 How pleadable. 
 
 Ejectment and 
 trespass quare 
 clausum iregit, 
 description. 
 
 Trespass, defen- 
 dants may de- 
 mand particu- 
 lars. 
 
 New assign- 
 ment. 
 
 Flea. 
 
 Libel and slan- 
 der. 
 
TITLE XXXVI.] PLEADINGS AND PBACTICE. 501 
 
 matter were used in that sense, and such averments shall Chap. 134. 
 
 be put in issue by the denial of the alleged slander or libel ; 
 
 and where the words or matter set forth, with or without •*^»orments, 
 
 the alleged meaning, shew a cause of action, the declaration 
 
 shall be sufficient. 
 
 100. In actions of slander, the precise words need not siandac. 
 be proved as stated, provided the defamatory matter itself 
 shall be substantially proved, nor shall it be necessary to Proof, 
 aver, or prove special damage, where it shall appear that 
 the words were defamatory, and were spoken falsely and 
 maliciously, 
 
 ■ 101. In all personal actions, except actions for malicious compenaatioa 
 arrest or prosecution, criminal conversation, or debauch- personia''^-'* 
 ing the plaintiff's daughter or servant, the defendant may tions. 
 pay into court a sum of money, by way of coB!g)ensation 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. 
 
 102. When money is paid into court, such payment shall Payment of mo- 
 be pleaded in all cases, and in any stage of the cause, as to ba'piiaded."^' 
 near as may be in the following form : 
 
 The defendant, by , his attorney, [or in person,'] 
 
 Ijf pleaded to part, say as to £— - — , parcel of the money 
 
 'daimed,] brings into court the sum of £ , and says that 
 
 the said sum is enough to satisfy the claim of the plaintiff, 
 in respect of the matter herein pleaded to. 
 
 103. When money is paid into court, the same shall be How paid m 
 paid to the proper officer, who shall give a receipt for the ^°^ reoeireii 
 amount in the margin of the plea, and the same shall be 
 
 paid out to the plaintiff or his attorney on demand. 
 
 104. The plaintiff after delivery of a plea of payment of Repiioation t» 
 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 judgment for his costs of 
 suit so taxed ; or the plaintiff may reply that the sum paid 
 into court is not enough to satisfy the claim of the plain- 
 tiff 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 entitled to his judgment 
 and costs. 
 
 105. No rule or order for further time to plead shall be Time to plead, 
 granted, unless the grounds of such application be disclosed 
 
 by affidavit, and it shall then rest with the court or a judge, 
 in their discretion, to grant such rule under the special cir- 
 cumstances of each particular case. 
 
 106. It shall be imperative on the party, plaintiff or Filing piend, 
 defendant, to deliver to the opposite party, or his attorney, '''^' 
 
502 
 
 PLEADINGS AND PRACTICE. 
 
 [part m. 
 
 Chap. 134. 
 
 ah pleadings to 
 be signed} coun- 
 sel's signature 
 unnecessary. 
 
 Plea, not to be 
 waived without 
 leave. 
 
 Set ofi; mutual 
 debts. 
 
 Pleas in bar, 
 (tc, formal 
 parts abolished. 
 
 Formal defence 
 unnecessary. 
 
 Second and 
 other pleas to 
 be pleaded 
 witnout leave. 
 
 One plea or re- 
 plication to se- 
 veral counts or 
 pleas allowa- 
 ble. 
 
 Bankrupts or 
 insolTonts. ac- 
 tions against. 
 
 Cisconiliiill-I 
 once. 
 
 as well as to file all pleadings within the time limited 
 therefor. 
 
 107. It shall not be necessary to have a counsel's signa- 
 ture to any pleading, but all pleadings shall be signed with 
 the name of the party or his attorney. 
 
 108. The defendant shall not be at liberty to waiye his 
 plea without leave of the court or a judge. 
 
 109. Wherever there are mutual debts in the same right, 
 one debt may be set off against the other, although such 
 debts may be deemed in law to be of a different nature. 
 
 110. In a plea or subsequent pleading, intended to-be 
 pleaded in bar to the whole action generally, it shall not be 
 necessary to use any allegation of actionem non, or to the 
 hke effect, or any prayer of judgment, nor shall it be neces- 
 sary, in any replication or subsequent pleading intended to 
 be pleaded in maintenance of the whole action, to use any 
 allegation ofprecludi non, or to the like effect, or any prayer 
 of judgment ; and all pleas, replications, and subsequent 
 pleadings, pleaded without such formal parts, shall Jje taken, 
 unless otherwise expressed, as pleaded respectively in bar 
 or in maintenance of the whole action ; provided that 
 nothing herein contained shall extend to cases where an 
 estoppel is pleaded. 
 
 111. No formal defence shall be required in a plea, and 
 
 it shall commence as follows : The defendant by , his 
 
 attorney, [or inj)erson,] says that - — — . 
 
 112. It shall not be necessary to etate in a second or 
 other plea, or avowry, or cognizance, that is pleaded by 
 leave of the court, or according to the form of the statute, 
 or to that effect, nor shall such leave be required. 
 
 113. Where there are two or more counts substantially 
 for the same cause of action, or two or more pleas raising 
 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. 
 
 114. In all actions by and against the assignees of a 
 bankrupt or insolvent, or executors, or administrators, or 
 persons authorised 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. 
 
 115. The plaintiff may discontinue at any time by fihng 
 either a discontinuance or a rule therefor, and thereupon 
 the defendant may at once tax his costs of defence and 
 enter judgment therefor. 
 
TITLE XXXVI.J PLEADINGS AND PEACTICE. 503 
 
 116. Either party may, by leave of the court or a judge, Chap. 134-. 
 plead and demur to the same pleading at the same time, and Parties may 
 
 it shall be in the discretion of the court or a judge which Pj™J!:??l?™Y 
 
 I. n 1 /? i. j' J ^ JO to same plead- 
 
 isaue shall be first disposed oi. me- 
 
 117. Different causes of action, of whatever kind, except nifferent causes 
 
 ,1 ... ,.™ J. i- 1 ■ • 1 • of aetion may 
 
 local causes arising m diilerent counties, may be joined m bejoiaed. 
 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 causes of 
 action together, if such trial would, in their judgment, be 
 inexpedient, and in such case ma,y order separate issues to 
 be made up and separate trials to be had. 
 
 118. All notices o-iven in the progress of a cause be- Notices reoei- 
 
 VGQ, ill CTlCLfilLCS 
 
 tween the attornies, shall be received in evidence on an 
 affidavit of the service thereof made by the attorney or his 
 clerks, .specifying the time and mode of such service. 
 
 VIEW. 
 
 119. View by jury is abolished, unless the judge on the ^i«^- 
 trial sh*ll think the same advisable, in which case the whole 
 
 .jury shall, after being sworn, view the premises, and the 
 judge may, in such case, for the purpose of the view, post- 
 ' pone further proceedings in the trial until such view can 
 ; be had, but such postponement shall not be made for so long 
 a time as to prevent the trial at the same term or sittings. 
 
 ESECUTION. 
 
 120. Writs of execution shall be, as near as may be, in Execution; re 
 the form heretofore used, and shall be made returnable, ' - , 
 
 • either in sixty days, or to a particular return day. 
 
 121. It shall be competent for the party suing out the To_be^exeeut«d 
 writ, to direct by endorsement in what manner it is to be direction endor- 
 executed, which direction the officer shall obey, and the ^^'^• 
 
 p&rty sliall in all cases, specify upon the face of the writ, 
 or by endorsement, for what amount it is to be levied. 
 
 122. No execution shall issue on a judgment until the when issuable. 
 bill of costs and record, or in a summary cause the bill of 
 
 costs only, be filed. 
 
 123. When any member of the provincial parliament, Against m. p.p. 
 * 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. _ ' 
 
 124. Current gold and silver coin may be taken in coin, 
 execution, and may be paid to the creditor as money col- 
 lected. 
 
 125. Provincial and bank notes, and all bills or evidences Banic^no^es and 
 of debt issued by any corporation, and circulated as money, ^®°'^" '^°' 
 may be taken in execution, and paid to the creditor at their 
 
 par value as money collected, if he will accept them, other- 
 wise they shall be sold as other chattels. _ ^^^ 
 
 126. The necessary wearing apparel and bedding of the emptTd.'''"' 
 
504 PLEADINGS AND PEACtlCB. [PABT HI. 
 
 Chap. 134. debtor and his family, and the tools or instruments of his 
 trade or calling, and his last cow, shall be exempted from 
 execution. 
 To bind goods 127. No Writ of execution shall bind the goods of the 
 tu"ff7''^ 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. 
 Interest on ^28. Judgments hereafter to be taken, sliall, in all cases, 
 
 ju gmen 3. ^^^^ interest, and the same may be levied for under execu- 
 tion. 
 Discharge from 129. A written Order, under the hand of the attorney iu 
 oastody. ^-^^ cause by whom any writ of execution shall have been 
 
 issued, shall justify the sheriff, jailor, or party in whose 
 custody the party may be under such writ, in discharging 
 such party, unless the party for Whom such attorney pro- 
 fesses to act shall have given written notice to the con- 
 trary, to such sheriff, jailor, or person in whose custody the 
 opposite party may be ; but such discharge shall not be 
 a satisfaction of the debt, unless made by the authority of 
 the creditor ; and nothing herein contained shall justify any 
 attorney in giving such order for discharge without the 
 consent of his client. 
 Satisfaction 130. All satisfaction pieces shall be signed by the plain- 
 
 pieces, ^jg. ^j. ^jg personal representatives, or by any attorney* 
 
 specially authorised for that purpose, unless any judge, upon 
 special circumstances set forth in an afiidavit, shall dispense 
 with such requisites. The satisfaction piece may be in the 
 form following : 
 
 In the supreme court, term, 18 — , satisfaction is 
 
 acknowledged between plaintiff, and defen- 
 dant, for and costs. 
 
 Judgment entered on the day of , in the year 
 
 of our liord one thousand eight hundred and . 
 
 SCIRE FACIAS. 
 
 Bxecution may 131. During the lives of the parties to a judgment, or those 
 
 years^ithout^ of them during whose lives execution may at present issue 
 
 revival. within a year and a day without a scire facias, execution 
 
 may issue without a revival of the judgment, at any time 
 
 within six years after the judgment. 
 
 Jndgment, how 132. In cases where it becomes necessary, by reason 
 
 either of the lapse of time, or of a change by death, or 
 
 otherwise, of the party entitled or liable to* execution, 
 
 the party alleging himself entitled to execution, shall be 
 
 allowed either to sue out a writ in the nature of a scire 
 
 Writ of revivor, ybscias, to be called a writ of revivor, according to the form 
 
 set forth in appendix A, number 10, or to apply to the court 
 
 suggoaiion. or a judge, for leave to enter a suggestion to the effect that 
 
 it manifestly appears to the court, that he is entitled to 
 
 execution of the judgment, and to issue execution there- 
 
TITLE SSSVI.] PLEADINGS AND PEACTICE. 505 
 
 upon ; such leave to be granted by the court or a judge, Chap. 134. 
 upon a rule to show cause, or a summons to be served as at 
 present, 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 appendix A, number 11 ; 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 appendix A, number 12, and execution to issue, 
 and order whether or not the costs of the application shall 
 , be paid by the applicant ; and in case it does not manifestly 
 so a{)pear, shall discharge the rule, or dismiss the summons 
 with or without costs, and the party applying shall, in such 
 case, nevertheless, be at liberty to proceed by revivor or 
 action, upon the judgment. 
 
 AMENDMENT. 
 
 133. The supreme court and every judge thereof, shall court or judge 
 at all times have the power of amending all defects and feets, &a. 
 errors in any proceeding 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, 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 controversy between the 
 parties, shall be made. 
 
 134. The party against whom such amendment shall be Party dissatis- 
 made, if dissatisfied therewith, may apply to the court for ame^ment. 
 
 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. 
 
 135. In all such cases the judge, instead of causing the Amendment at 
 writ, pleadings, issue, roll, or document to be amended, may juiTge.^""^' " 
 direct the jury to find the facts according to the evidence, 
 
 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 misstatements 
 such as could not have prejudiced the opposite party, he 
 shall give judgement according to the justice of the case. 
 
 EJECTMENT. 
 
 136. Actions of eiectment shall be commenced by writ Commenoement 
 
 /. .Ill • ■ i? j.i_ J. of action ; pro- 
 
 or summons agamst all persons in possession oi the property ceedings In ae- 
 claimed, and shall in all cases be conducted as other other'aotions i 
 actions, and damages may be given for the plaintiff on trial, J^"Jj^^i^°' ^^ ' 
 and on judgment by default the plaintiff shall be entitled to 
 costs, and the damages may be assessed, or form the subject 
 of a separate suit, at the plaintiff's option. 
 
506 PLEADINGS AND PEACTICE. [PABT III. 
 
 Chap. 134. 137. The writ shall describe the property claimed with 
 Besoription of reasonable certainty. It shall also state the names of all 
 of partiesf"'^ the persons in whom the title is alleged to be, and there 
 Notice to ap- shall be thereon endorsed; a notice, that if the defendant 
 P®*"^- 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 judg- 
 ment at the expiration of such time, and that the defendant 
 Service of writ, niay thereupon be turned out of possession. The writ shall 
 be served in the same manner as other writs, or in such 
 manner as the court or a judge shall order, under any pecu- 
 vacant posaes- liar circumstances ; and in case of vacant possession, by 
 "™' posting up a copy thereof, upon the door of the dwelling 
 
 house, or other conspicuous part of the property. 
 Forms. 138. The following forms in ejectment shall be used, 
 
 ,.viz : the writ appendix A, number 13 ; the notice endorsed 
 on writ appendix A, number 14 ; judgment for non-appear- 
 ance appendix A, number 1 5 ; judgment for plaintiif after 
 appearance and plea, appendix A, number 16 ; and where 
 other forms are requisite, they shall be assimilated to the 
 above. ^- ^« t_^=»^o-^^^v-.^^ 
 
 Who may ap- 139. Any person shall be permitted ^o appear, on filing 
 ^°*'^' an affidavit that he is in possession of the land, either by 
 
 himself or his tenant, or who would now 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. 
 Plea, when con- 140. A plea not Confining the defence to a part of the 
 
 sidered defence ■ i n i • t tip j. _li i i 
 
 towiioie. premises, shall be considered a defence to the whole, 
 
 flefencemaybe l4li Any pcrsou appearing, shall be at liberty to limit 
 ofproperty^"''^' bis defence by plea to a part only of the property mentioned 
 in the writ, describing that part with reasonable certainty. 
 Plea substance 142. The plea shall be confined to a denial in whol« or 
 ' °™ ■ in part of the plaintiff's right to the possession claimed, or 
 to a right of possession in himself with the plaintiff as ten- 
 ant in common with the plaintiff. The forms shall be those 
 in appendix A, numbers 17 and 18. 
 Plea ; want of l43. Want of reasonable certainty in the writ or plea, 
 oer am y in. gj^g^jj iqq|; nullify it, but Only be ground for application to 
 the court or a judge, for better particulars to the land 
 claimed or defended, which the cotirt or a judge shall have 
 power to give in all cases. 
 Mode of pro- 144. In case there be no appearance and plea within the 
 plVof proper- time appointed, or if an appearance be entered but the de- 
 ty undefended, fgu^g 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. 
 
 Issue. 145. In case an appearance and plea shall be entered, 
 
 either for the whole or part of the premises claimed, the 
 Trial. ^ase shall be considered at issue, and the parties may 
 
 proceed thereupon to trial as in other actions, and the ques- 
 
TITLE XXXVI.] PLEADINGS AND PRACTICE. 507 
 
 tion at the trial shall, except m the cases hereinafter men- Chap. 134. 
 tioned, be, whether the statement in the writ of the title of 
 the claimant be true or false, in whole er in part, and if 
 true, then which of the claimants, if more than one, is enti- 
 tled ; and also, whether he is entitled to any, and what da- 
 mages for the wrongftil withholding of the said premises. 
 
 146. In case of such an action being brought by some Action for joint 
 or one of the several persons entitled as joint tenants, ten- fn Mmmo™ ot** 
 ants in common, or coparceners, any joint tenant, tenant in coparcener's. 
 common, or coparCetier in possession, may plead that he 
 
 defends as such, and admits the right of the claimant to an 
 individual share of tjie property, but denies any actual 
 ouster of him from the property ; and upon the trial of stich 
 an issue, the additional qiiestion of, whether an actual ouster 
 has taken place, shall be tried as at present in an action of 
 ejectment. 
 
 147. In case the title of the claimant shall appear to where piaAi- 
 have existed as alleged in the writ, and at the time of ser- pires before^" 
 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 feet that he was so 
 entitled at the time of bringing the action and serving the 
 writ, and to a judgment for his costs of suit.. 
 
 148. If the defendant appears, and the claimant does Non-appear- 
 Bot appear at the trial, the claimant shall be non-suited ; and party°at trial. 
 if the claimant appears and the defendant does not appear, 
 
 the claimant shall be entitled to refcover as heretofore, with- 
 out any proof of his title. 
 
 149. Upon any judgment in ejectment for the recovery Execution, 
 of possession and costs, there may be dither one writ, or 
 separate writs of execution for the recovery of possession 
 
 and for costs, at the election of the claimants. 
 
 150. The death of a claimant or defendant shall not Death of either 
 cause the action to abate, but it may be continued as here- ^*'^'^' 
 inafter mentioned. 
 
 151. In case the right of a deceased claimant shall sur- ^^4*"^!°;^°^ 
 vive to another claimant, a suggestion may be made of the «nti. 
 death, which suggestion shall not be traversable, but shall 
 
 only bo subject to be set aside if untrue, and the action may 
 proceed at the suit of tHe surviving claimant; and if such 
 a suggestion shall be made before the trial, then the claim- 
 ant shall have a verdict, and recover such judgment as 
 aforesaid, upon its appearing that he was eiititled to bring 
 the action either separately or jointly with the deceased 
 claimant. 
 
 152. In case of the death before trial, of one of several ™g"ot'f|jJ 
 claimants whose right does not survive to another or others vive to other 
 of the claimants, where the legal representative of the de- "1'^™*°'^- 
 ceased claimant shall not become a party to the suit in man- 
 ner hereinafter mentioned, a suggestion may be made of the 
 
 death, which suggestion shall not be traversable, but shall 
 
508 
 
 PLEADINGS AND PRACTICE. 
 
 [part in. 
 
 Chap. 134. 
 
 After verdict 
 and before exe- 
 cution. 
 
 Of 3ole clatm- 
 »nb( or of one of 
 several olaim- 
 anta before 
 trial. 
 
 Of a joint de- 
 fendant. 
 
 Of a sole defen- 
 dant, or all tlie 
 defendants. 
 
 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. 
 
 153. In case of a verdict for two or more claimants, if 
 one of such claimants die before execution executed, the. 
 other claimant may, whether the legal right to the property 
 shall survive or not, suggest the death in manner aforesaid,s 
 and proceed to judgment and execution for the recovery of- 
 possession of the entirety of the property and costs ; but 
 nothing herein contained shall effect the right of the legal 
 representative of the deceased claimant, or the liability of 
 the surviving claimant to such legal representative ; and 
 the entry and possession of such surviving claimant, under 
 such execution, shall be considered as an entry and posses- 
 sion on behalf of such legal representative, 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. 
 
 154. In case of the death of a sole claimant, or before 
 trial of one of several claimants, whose right does not sur- 
 vive to another or others of the claimants, the legal repre- 
 sentative 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 pro- 
 ceed ; and if such suggestion be made before 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 favor of, or against the person 
 making such suggestion as hereinbefore provided, with re- 
 ference to a judgment for or against such claimant ; and in 
 case such suggestion in the case of a sole claimant be made 
 after trial, and 'before execution executed by delivery of 
 possession thereupon, and such suggestion be denied by the 
 defendant within twelve days after notice thereof, or such 
 further time as the court or a judge may allow, then such 
 suggestion shall be tried, and if, upon a trial therefor, a ver- 
 dict shall pass for the person making such suggestion, he 
 shall be entitled to such judgment as aforesaid, for the 
 recovery of possession and for the costs of and occasioned 
 by such suggestion ; and in case of a verdict for the defen- 
 dant, such defendant shall be entitled to such judgment as 
 aforesaid for costs. 
 
 155. 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. 
 
 156. In case of the death of a sole defendant, or of all 
 the defendants in ejectment, before trial, a suggestion may 
 be made gf the death, which suggestion shall not be traver-. 
 
TITLE XXXVL] pleadings AND PEACTICE. 509 
 
 sable, but only be subject to be set aside if untrue ; and the Chap. 134. 
 claimants shall, be entitled to judgment for recovery of pos- 
 session 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 claim- 
 ants shall be at liberty to sign judgment within such time 
 as the court or a 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 defended the action ; and if no appearance bo 
 entered, and defence made, then the claimant shall, be at 
 liberty to sign judgment pursuant to the order. 
 . 157. In case of the death of a sole defendant, or of all After verdict, 
 the defendants in ejectment, after verdict, the claimants 
 shall, nevertheless, be entitled to judgment as if no such 
 death had taken place, and to proceed by execution for 
 recovery of posession, without suggestion or revivor, and 
 to proceed for the recovery of the costs in like manner as 
 upon any other judgment for money against the legal repre- 
 sentative of the deceased defendant or defendants. 
 
 158. In case of the deathy before trial, of one of several ^\°^Y^^^t' 
 defendants in ejectment, who defends, separately, for a por- before trial, do- 
 tion of the property for which the other defendant or defen- tion'of pre-^""^" 
 dants do not defend, the same proceedings may be taken as ""'^^s- 
 
 to such portion as in the case of the death of a sole defen- 
 dant ; or the claimants may proceed against the surviving 
 defendants, in respect of the portion of the property for 
 which they defend. 
 
 159. In case of the death, before trial, of one of several Ditto where 
 defendants in ejectment, who defends separately, in respect fendS^mako 
 of property for which surviving defendants also defend, it 'ie*'e°™- 
 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 representative 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. 
 
 160. The claimant in ejectment shall be at liberty at any Diacontinuoneo 
 time to discontinue the action, as to one or more of the ^^j,*°^°|g^J, 
 defendants, by filing a discontinuance or rule therefor,_as ants. 
 against such defendant or defendants, and giving notice 
 
510 
 
 PLEADINGS AND PRACTICE. 
 
 [part III. 
 
 Chap. 134. 
 
 By one of seve- 
 ral olaimantii. 
 
 Defendants 
 may confess as 
 to part of pro- 
 perty. 
 
 Also, one of se- 
 veral defen- 
 dants who de- 
 fends separate- 
 ly for a part. 
 
 Also, a defen- - 
 <lant who de- 
 lends separate- 
 ly for a part. 
 
 Judgment, ef 
 feet of. 
 
 Special verdict. 
 
 Verdict for 
 claimants : ex- 
 ecution. 
 
 In ejectment, 
 security for 
 costs in second 
 action. 
 
 thereof in writing to the defendant or defendants as against 
 whom the. action is discontinued, and thereupon tlie defen- 
 dant to whom such notice is given, shall be entitled to tax 
 his costs of defence, and have execution therefor. 
 
 161. In case one of several claimants shall be desirous 
 to discontinue, he may apply to the court or a judge to 
 have his name struck out of the proceedings, and an order 
 may be made thereupon, on such terms as to the court or a 
 judge may seem fit, and the action shall thereupon proceed 
 at the suit of the other claimants. 
 
 162. A sole defendant, or all the defendants in eject- 
 ment, shall be at liberty to confess the action, as to the 
 whole or part of the property, by giving to such claimant 
 a notice headed in the court and cause, and signed by the 
 defendant or defendants ; such signatures to be attested by 
 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. 
 
 163. In case one of several defendants in ejectment, 
 who defends separately for a portion of the property for 
 which other defendants do not defend, shall be desirous of 
 confessing the claimant's title to such portion, he may give 
 a like notice to the claimant, and thereupon the claimant ■ 
 shall be entitled to, and may forthwith sign judgment and 
 issue execution for, the recovery of such portion of the 
 property, and for the costs occasioned by the ' defence 
 relating to the same, and the action may proceed as to the 
 residue. 
 
 164. 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 confessing 
 the claimant's title, he may give a like notice thereof; and 
 thereupon the claimant shall be entitled to, and may sign 
 judgment against such defendant for, the costs occasioned 
 by his defence, and may proceed in the action against the 
 other defendants to judgment and execution. 
 
 165. The effect of a judgment in such an action, shall be 
 the same as that of a judgment in the present action of 
 ejectment. 
 
 166. The jury may find a special verdict. 
 
 167. Upon finding for the claimants, judgment may be 
 signed and execution issue, for the recovery of the posses- 
 sion, and for the damages awarded, and for the costs, as at 
 present in the action of ejectment. 
 
 168. 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, 
 against the same defendant, or against any person through 
 or under whom he defends, the court or a judge may, if 
 they or he think fit, on the application of the defendant, at 
 
TITLE XXXVI. J PLEADINGS AND PRACTICE. 511 
 
 any time after siich defendant has appeared to the writ, Chap. 134. 
 order that the plaintiff shall give to the defendant security 
 for the payment of the defendant's costs, and that all fur- 
 ther 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. 
 
 169. Upon finding for defendants, or any of them, judg- For defendants, 
 ment may be signed and execution issue, for costs against 
 
 the claimants named in the writ. 
 
 170. The court and the judges thereof may exercise Juriadiotion of 
 over the proceedings in the action, the same jurisdiction "ud^es'in ac 
 which is at present exercised in the action of ejectment, so '''°°' 
 
 as to insure a trial of the title, and of actual ouster when 
 necesssary. 
 
 EEPLEVIN. 
 
 171. Replevin may be brought for an unlawful deten- te^rou^htfor 
 tion, although the original taking may have been lawful. unlawful deten- 
 
 172. No writ of replevin, except where the property j^adavit to be 
 sought to be replevied has been distrained for rent or ^^°<^- 
 damage feasant, shall issue, unless the party applying there- 
 for, or his agent, shall file an affidavit in the form in appeii- 
 
 • dix A, number 19, setting forth that he, or in case of an 
 .agent, his principal, has the right to the possession of the 
 
 property contained in the writ as he verily believes, and 
 
 that it is unjustly withheld from him. 
 
 173. In all cases of replevin, the plaintiff or his agent Security to she- 
 shall give security to the sheriff, in the form in appendix A, 
 
 number 20. 
 
 174. Notwithstanding the issue of a writ of replevin, Defendant may 
 the defendant or his agent, except in cases of distress for sion. 
 
 rent or damage feasant, shall have the right to retain pos- 
 session of the property contained therein, if he shall give 
 ^security to the sheriff in the form in appendix A, number 
 21 ; such security, given either by the plaintiff or defen- securities may 
 dant, shall be assigned, on request, to the party entitled to endorsement'?^ 
 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. 
 
 175. In actions of replevin, the jury shall be at Hberty feTSedto 
 to award damages to either party in the suit. ' either party. 
 
 BAIL. 
 
 176. Bail to the sheriff shall continue, bail to the action, J^^j,^^*^^^!^!^'^^ 
 and shall have tl^e power of rendering the defendant when- tion ■, rendering 
 ever they shall see fit to do so. Th§ bail bond to be in the 'i'^f^"'^^'''- 
 form in appendix A, number 22. 
 
 177. A party who has given bail to the sheriff, which Party having 
 bail has justified when required to do so, may appear and defend without 
 defend the action without; filing special bail. Suf ''^'"'"^ 
 
512 
 
 PLEADINGS AND PRACTICE. 
 
 [PART m. 
 
 C hap. 134. 
 
 Bail, whoa to 
 iudtifj-i sUeriiTs 
 liability. 
 
 Sheriff's return. 
 
 B«tTirn non est 
 
 xnTentus. 
 
 Time for render 
 iif disobarge for 
 bail. 
 
 Justification 
 where bail re- 
 side at a dis- 
 tuBoc, or court 
 nut in session. 
 
 hons of bill of 
 exchange, Ha. 
 
 178. The bail to the sheriff may be called upon to 
 justify, on the return of the writ, and the sheriff shall be 
 liable for taking insufficient bail, but he may relieve himself 
 at any time before judgment by causing the defendant to be 
 rendered, and upon payment of all costs which may have 
 been incurred by the plaintiff in consequence of such bail 
 being insufficient. 
 
 179. The sheriff shall return the bail bond with the 
 capias to the court where the writ is returnable, with an 
 assignment thereon to the plaintiff, which 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 several parties who 
 have executed the same. 
 
 180. In all cases where the writ of execution against 
 the defendant in any action is returned non est inventus, 
 and an action is prosecuted against his bail upOn their bond, 
 they shall be allowed to render their principal in discharge 
 thereof at any time before the time for pleading has elapsed, 
 if they pay to the plaintiff the costs which have been incur- 
 red in the action against them upon their bond. 
 
 181. When the bail live above twenty miles from the. 
 place where the action is brought, or where the bail live • 
 within that distance, but the court shall not be in session, 
 they may justify before a judge or a commissioner, by affi- 
 davit, and the judge or commissioner may examine the 
 sureties upon oath, touching the value of their respective 
 estates. 
 
 182. In case of any action founded upon a bill of 
 exchange, or other negotiable instrument, it shall be lawful 
 for a 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. 
 
 Distinction of 
 Buing as attur- 
 ney, &e., abo- 
 lished. 
 
 Nutioe of trial 
 
 MISCELLANEOUS. 
 
 183. All distinction of sueing and being sued, as an attor- 
 ney, shall be abolished. 
 
 184. A notice of trial shall be given to the defendant 
 or his attorney, in every cause where the defendant resides 
 within the county (except in the island of Cape Breton) 
 in .which the action is brought, at least twenty days ; if 
 in any other county, at least thirty days, and if the defen- 
 dant resides in Cape Breton, and the action is brought 
 in any county not in the island, or if the defendant re- 
 sides 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 
 
TITLE XXXVI.] PLEADINGS AND PRACTICE. 513 
 
 good cause to the contrary, or shall have given to the de- Chap. 134. 
 
 fendant or his attorney, in case he has appeared, notice of ' 
 
 countermand of such trial at least foiir days, or in case the 
 
 defendant resides in Cape Breton, and the action is brought 
 
 in any coiinty 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 sittings thereafter, but the plaintiff shall, 
 
 notwithstanding such countermand, pay all the costs which 
 
 the defendant has actually been put to prior to such 
 
 notice of countermand, in consequence of the notice of 
 
 trial. 
 
 185. In making up the docket of civil causes for trial, Rules for 
 the prothonotary shall be guided by the following rules : dwket? "'' ^^^ 
 1st, All summary and appeal causes shall have precedence, 
 
 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 writ. 2nd, When 
 writs are filed on the same day, priority shall be regulated 
 by the issue of the respective writs. 
 
 186. At Halifax, the lists of all jury causes for trial Jnryoauie 
 shall be given in to the prothonotary, on or before the down.*" ^^ '** 
 Tuesday preceding the first day of the sittings at which 
 
 such causes are to be tried. 
 
 187. At Halifax, the docket of jury causes for trial Docket, when 
 shall be called on the first day of each sittings at. or shortly HaUfa^!'*^ '" 
 after the opening of the court, and the plaintiff's attorney 
 
 or counsel, when a cause is so called, shall be required Attorney or 
 to state whether he intends to try the same at such sittings, whShi'^aa^^ 
 and in default of such statement the cause shall be struck J°^J'!f„i L^^f" 
 on the docket ; and the attorney or counsel oi the fended, 
 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 proceedings had 
 as if no plea had been filed ; but the court or a judge upon 
 due cause shewn, and upon such terms as may be thought 
 proper, may order any cause to be again placed on the 
 docket for trial as if it had not been called. 
 
 188. The docket of causes for trial shall be called but Docket to be 
 once, both at the sittings in Halifax and on the circuit. 
 
 189. On circuit, the docket of new as well as of con- When to be 
 tinned causes, shall be called on the first day of the term, cult. 
 
 at or shortly after the opening of the court, and the plain- 
 tiffs attorney or counsel, when the cause is called, shall attc'rwor**^ 
 state whether he intends to try the same that term, and in counsel. 
 default of such statement the cause shall stand continued, 
 and the defendant shall, if 'the plaintiff signifies his intention 
 to try the same that term, be required to state whether he 
 
514 
 
 PLEADINGS AND PEACTICE. 
 
 [PAET III. 
 
 Chap. 134. 
 
 Al>genoe of a 
 material wit- 
 ness. 
 
 Motiona arising 
 during trial 5 
 but one counsel 
 on eacli side 
 heard. 
 
 Address to 
 jury. 
 
 New trial, 
 when rule for, 
 refused by 
 judge. 
 
 Grounds ftr. 
 
 Costs on. 
 
 Costs on ne' 
 trial 
 
 T 
 
 Wliere less than 
 40s. reooTered. 
 
 intends defending the same, and in default of such statement 
 plaintiff shall have a judgment. 
 
 190. No rule shall be granted for the continuance of a 
 cause upon the ground of the absence of a material witness, 
 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 merits of the 
 case, and that the application is not made solely for delay, 
 but to enable the applicant to substantiate his defence. 
 
 191. The court will hear one counsel only on each side, 
 upon any motion arising during the trial of a cause ; and if 
 cases be cited in opposition to such motion, one counsel 
 will be heard in reply. 
 
 192. Upon the trial of any cause, civil or criminal, the 
 addresses to the jury shall be regulated as follows : — The 
 party who begins, or his counsel, shall be allowed in the 
 event of his opponent not announcing at the close of the 
 case of the party who begins, his intention to induce evi- 
 dence, 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. 
 
 193. When the judge shall refuse to grant a rule nisi for 
 a new trial, in a cause tried before him, and the counsel for 
 the party shall, on or before the last day of the term, or 
 the sittings after term in which the cause has been tried, 
 file sufficient bail in such reasonable amount as the judge 
 shall direct, to respond the judgment to be finally given in 
 the cause, no judgment shall be entered up, but a rule nisi 
 specifying the objections, shall pass, under which the party 
 sliall be at liberty to enter the case, and it shall stand for 
 argument in the same manner as if the rule nisi had been 
 •granted by the judge presiding at thie trial. 
 
 194. No new trial shall be granted on account of evi- 
 dence having been improperly received on any trial, if in 
 the judgment of the court there be other evidence sufficient 
 to sustain the verdict. 
 
 195. The party in whose favor a judgment shall be 
 given, shall be entitled to recover from the opposite party 
 his taxable costs. 
 
 196. When a new trial is granted on the ground of mis- 
 direction, or that the verdict was against evidence, the costs 
 of the first trial shall abide the event, unless the court shall 
 otherwise order. 
 
 197. If the plaintiff in any action, not brought upon 
 contract, expressed or implied, and heretofore deemed an 
 action of trespass or trespass on the case, shall recover less 
 damages than the sum of forty shillings on the trial of any 
 issue, or on equiry on default^ he shall not recover any 
 
/ 
 
 ■STTLE XXXVI.] PLEADINGS AND PBACTICB. SlS 
 
 •costs unless the judge before whom the issue is tried, or Chap, 134. 
 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 
 or malicious, or that the action was not frivolous and vex- 
 ■atious, and that the plaintiff had actuallj' sustained damage 
 to the amount recovered, and had by notice in writing, de- 
 manded compensation therefor, eight days before action 
 brought^ but nothing in this section shall be construed 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 on behalf of the owner or occupier. 
 
 198. Any one of several defendants shall be entitled to Defendant's 
 his taxable costs when the plaintiff shall not prosecute his piaiStfff doeg 
 suit to final judgment against him, and also in cases where, ""' proceed. 
 lupon the trial of the issue, a verdict shall pass in his favor, 
 
 unless in case of a trial the judge before whom a trial was 
 had shall certify at the trial that there was reasonable cause 
 for making him a party to the action. 
 
 199. Whenever it shall appear that the plaintiff had an when plaintiff 
 opportunity in a prior suit of setting off his claim, and shall nity in a prior 
 not give a satisfactory reason for not having done so, he off oiaim! ''""^ 
 shall pay to the defendant his costs, and* shall not be enti- 
 tled to recover his own. 
 
 200. In any action against an acceptor of a bill of ex- stayofproeeed- 
 change, or the maker of a promissory note, the defendant ment. 
 
 shall be at liberty to stay proceedings on payment of the 
 debt and costs in that action only. i 
 
 201. On the taxation of costs, as between attorney and p"^*^ ^•^J'®- _ 
 
 ' , . •' tween attorney 
 
 client, no costs shall be alloweti to the attorney m respect and client, 
 of any excess of length in any pleading ; and in case any Excessive 
 feueh costs shall be payable by the plaintiff to the defendant |^°|"»"''pi«»*- 
 on account of such excess, the amount thereof shall be de- 
 ducted from the attorney's bill. 
 
 202. If a new trial be granted without any mention of ^^ of ^ew 
 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. V-;..: 
 
 203. An application to compel the plaintiff to give seen- ^"'''^"'y "^"^ 
 rity for costs must in ordinary cases be made before issue 
 joined, 
 
 204. Prothonotaries shall have power to grant orders security for 
 for the stay of proceedings in a cause until security for taine'd, &e. 
 costs be filed, upon sufficient grounds laid by affidavit in 
 
 the same way such orders are now granted by the supreme 
 court or a judge ; but any party dissatisfied with a protho- 
 Botary's decision may, at any time within twelve days 
 thereafter, apply to the supreme court, upon motion, or a 
 
 33 ' j 
 
016 PLEADINGS AND PRACTICE, [PAET IIJ, 
 
 Chap. 134. judge at chambers, by summons upon affidavit, for a re- 
 hearing ; a plea filed in the meantime, or other proceedings 
 taken on the part of the plaintiff or defendant, shall not 
 prejudice the party claiming a re-hearing. 
 If not given, 205. 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. 
 Costs on rules, 206. On all rules made absolute, or discharged, and on 
 all rules opposed in the first instance, the costs shall be 
 allowed to the successful party, unless the court shall other- 
 wise direct. 
 Costs of com- 207. The costs attending the issuing of any commission, 
 sufons?^ ' ^^^''' and of taking deposition's thereunder when used on trial, 
 
 shall be costs in the cause. 
 Costs of exami- 208. The costs of every rule or order for the examina- 
 efsl?™ *^ ''^"* tion of witnesses de bene esse, shall be costs in the cause, 
 
 unless otherwise directed. 
 Taxation of 209. The prothonotary shall examine and compare all 
 
 costs. Y)i]iQ of costs, that they contain no other or greater fees 
 
 than are allowed by law, and before any such biU shall be 
 charged against the plaintiff or defendant, it shall be allowed 
 and signed by a judge. 
 Costs tote filed, 210. All bills of costs whcD taxed, shall be filed among 
 and when. q^^ |^jj|g ^^ costs for the term, and every bill of costs taxed 
 on any rule or proceeding in a country cause argued at Hali- 
 fax, shall be filed immediately after taxation at Halifax, 
 otherwise no execution shall issue for enforcing payment 
 of such costs. 
 Notice of taxa- 211. Before taxation of costs accruing in Halifax, one 
 tion ; vouchers, ^g^ytg 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 necessary in any case 
 where the defendant has not appeared in person, or by his 
 attorney or guardian. 
 Interlocutory 212. When interlocutory costs shall be taxed agaiust any 
 
 party, execution may be issued for the recovery thereof. 
 
 Interest, allow- 213. Upon all debts or sums certain, the jury, or the 
 
 or jury. ^*'"" court, or a judge where there is no jury, may allow interest 
 
 to the creditor, at a rate not exceeding legal interest, from 
 
 the time the debt or sum became payable, if payable at a 
 
 certain time, under a written instrument; or if payable 
 
 otherwise, then from the time a demand of payment in 
 
 writing, containing a notice that interest will be claimed 
 
 from the date of the demand until payment shall have been 
 
 made. 
 
 Damages in the 214. The jury or the court, or a judge where there is 
 
 nature°of inter- ^q jury, may give damages in the nature of interest over 
 
 and above the value of the goods at the time of the conver- 
 
TITLE XXXTI.] PLEADINGS AND PRACTICE. 517 
 
 sion or seizure, and over and above the money recoverable Chap. 134. 
 in any action on policies of insurance. 
 
 215. Where a set off greater than tjie plaintiff's claim Set off exooed- 
 has been proved, judgment for the excess shall be given claim.''™ ' 
 foi; the defendant. 
 
 , 216. Jiidgment maybe ordered, as in case of a non-suit, n"^|^f °* '^"'' 
 for not duly proceeding to trial, and notice therefor may oeedingto trial, 
 be given, notwithstanding a previous trial, or trials of the 
 cause may have taken place. 
 
 217. Final judgment may be signed by any judge, and ^i°*iJ'j<'g™eDt 
 the judge shall set down the date upon the docket, and the up. 
 prothonotary shall mark on the record the day it was filed, 
 
 but no marginal note shall be required thereon. 
 
 218. No judgment shall have relation to any other day Date of. 
 than the day on which it is signed. 
 
 219. The additions and place of residence of every per- Affidavit, de- 
 son making affidavit, except the same is made in a cause by deponent."'^ '^^ 
 any of the parties thereto, shall be inserted therein. 
 
 220. In all cases in which any. particular number of days Computation of 
 not expressed to be clear days, is prescribed by this or any cSrfsimas'dayl 
 other act regulating the practice, or by the rules or prac-^°- 
 
 tice of the court, the same shall be reckoned exclusively of 
 the first day and inclusively of the last day, unless' the last 
 shall happen to fall on a Sunday, Christmas Day, Good Friday, 
 or a day appointed a public fast or thanksgiving, in which 
 case the time shall be reckoned exclusively of that day also. 
 
 221. . When a iudge's order is made a rule of court, it Making judge's- 
 
 JO ft , orciGr 8> rule 
 
 shall be a part of the rule of court that the cost of making costs of. 
 the order 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. 
 
 222. All causes for argument, whether upon demurrer, causes for ar- 
 special verdicts, cases made, or rules nisi which have been ^"^^'^ ' ^° '^ 
 granted, or causes in which the party has given bail to re- 
 spond the judgment as hereinbefore provided, must be en- 
 tered with the prothonotary at Halifax on or before the 
 Tuesday preceding the first day of the term, and such entry 
 
 shall be deemed notice to the opposite party to be prepared 
 for the argument; and in case of such entry being omitted 
 from neglect or other cause, judgment shall be entered 
 against the party who ought to have made such entry, un- 
 less the court shall otherwise order. 
 
 223. In all cases where rules nisi have been granted to g/ZasSe^'er*"' 
 set aside verdicts, or which may otherwise delay judgment, diet. 
 
 the party who has obtained the rule shall enter the cause 
 for argument on the Tuesday preceding the term. 
 
 224. The party against whom any rule ■ nisi has been Ditto- 
 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 
 
t 
 
 518 PLEADINGS AND PEACTICE. [PART m. 
 
 Chap. 134. presents itself under the rule, and shall not be entered a 
 
 second time. 
 Papa." e<'°°e''t- 225. The demurrer book, special verdict, case, judge's 
 ment, &c*!^to be report and aflSdavits, or other papers upon which rules nisi 
 *'**'• have been granted, must be on file on the Tuesday before 
 
 the first day of term at Halifax. 
 Rnie nisi for 226. No rule nisi for a new trial shall be argued at the 
 tobeMgued?™ Commencement of the term at Halifax unless the judge's 
 report of the facts proved or the points reserved shall have 
 been filed on the Tuesday preceding the term, which either 
 party requiring the same shall apply for to the judge, and 
 the judge will deliver his report to the prothonotary, who 
 will furnish copies thereof to the parties requiring the same; 
 and as the argument will be confined to the facts therein^ 
 stated, it shall be competent for either party, on notice to 
 the adverse party, to apply to the judge to alter or amend 
 the same by his original notes, or otherwise by the consent 
 of the parties or on afiidavit. 
 Rules nisi 227. When rules nisi are moved for on the first day of 
 
 ^70? /ermat ^^6 term at Halifax, the court, on sufiicient grounds laid, 
 Halifax. -vyiH grant the same without hearing the other side. 
 
 Bnsiness of 228. On the first day of term at Halifax, the court will 
 
 terms at Haii- pronouuce judgment, if prepared so to do, upon such cases 
 as have been fully argued, after which they will hear motions 
 which do not require to be entered for argument in the 
 order in which motions are now heard, beginning with the 
 attorney general and proceeding through the bar according 
 to priority. 
 Priority of 229. The motious and other necessary businBSS of the first 
 
 re^irtod."" day of term at Halifax having been disposed of, the remain- 
 der of that day and the subsequent days of the term shall 
 be devoted to hearing arguments upon the cases duly en- 
 tered with the prothonotary, in the following order : the, 
 first case upon the attorney general's list; secondly the first' 
 case upon the solicitor general's list ; and so on through the 
 whole bar, according to priority. After the first case upon 
 the junior barrister's list has been heard, then the second 
 case upon the attorney general's list, and so on until all the 
 _ ,. , causes entered for argument have been heard ; but causes 
 
 Continued ,„ v ' in- 
 
 causes. entered tor argument and continued over the term, shall m 
 
 subsequent terms retain the places they originally occupied 
 Demurrers no ^^ ^^® docket, and take priority of new causes. No con- 
 eonoiiium io be cUium to be moved for upon demurrers, which will take 
 their turn with other causes entered for argument. , 
 
 Argument how 230. The party who has obtained the rule nisi shall 
 eoaducted. briefly bring under the notice of the court the grounds 
 upon which the rule was granted. The opposite party shalU 
 then sTiew cause, and the party supporting the rule shall 
 reply unless the court specially direct a different course. 
 Copies of pa- 231. The attornies in the several causes for argument 
 on"rgum^t!' must provide each of the judges with copies of all papers 
 
TITLE XXXVI.] PLEADINGS AND PRACTICE. 519 
 
 necessary to be perused by them before the argument Chap. 134. 
 commences. 
 
 232. It shall not be necessary to issue more than one summons and 
 summons for attendance before a judge at chambers upon 
 
 the same matter, and the party taking it out shall be enti- 
 tled to an order, unless cause to the contrary be shewn, or 
 the judge shall refuse the same. 
 
 233. When a iudge has power to grant an order, he may Jii^^ njsi may 
 
 1 iU I i. 1 • • 4. i_i • J. '"' granted by 
 
 m pJace tnereoi grant a rule nisi returnable m term. one judge. 
 
 234. The prothonotary at Halifax shall keep a book. Judgment, en- 
 wherein may be entered any judgment given which apper- notary'a'^ntyr 
 tains fo the supreme court of any other county, which shall J"<isment boot 
 be signed in the usual manner ; and the prothonotary shall 
 forthwith transmit to the prothonotary of the court in which 
 
 such judgment is required to be entered, a correct trans- 
 cript of the docket of judgment, and the prothonotary to 
 whom the same may be transmitted shall copy such judg- 
 ment into the county judgment book, and file the transcript 
 with the papers in the cause ; and the entry so made from 
 the transcript shall have the like effect as if the same had 
 been signed by a judge in the judgment book into which it 
 shall be so copied, and the postage on the transmitting of 
 any such papers shall be taxed as costs in the cause. 
 
 235. When cases shall have been fully argued and the seve- Judgment may 
 ral judges who heard the argument have decided upon the chambers.** 
 judgment to be delivered, and have reduced their opinion to 
 writing,' the judgment of the court may be pronounced by a 
 
 judge at chambers, after the several opinions have been read. 
 
 ,236. In case hereafter of a verdict for a sum of money, J^^'j*"^®^' °° ^^'^ 
 in favor of a plaintiff or defendant, where final judgment is 
 delayed by a rule nisi or other proceeding on the part of 
 the opposite party, and judgment shall be ultimately given 
 for the party recovering the verdict, such judgment shall 
 be entered on the verdict with interest, unless the court or 
 a judge, shall otherwise order. 
 
 237. The judges in term at Halifax may, from time to General rules 
 time, make general rules for facilitating the practice of 
 
 the court, and the effectual execution of this chapter, but 
 such rules shall not go into operation until they have been 
 published in the royal gazette ; and all rules made since the 
 fourth day of April, 1853, are hereby confirmed. 
 
 238. In all cases not provided for in this chapter, the Praotiee in 
 
 ,. ^ T c ±1 j.in r i eases not pro; 
 
 practice and proceedings of the court shall contorm as nearly vided. 
 as may be to the practice and proceedings of the superior 
 courts of common law in force previous to the first year of 
 the reign of king William the fourth ; and in all cases where 
 the' proceedings and practice of the superior courts of com- 
 mon law in England differ from each other, those of the 
 court of queen's bench shall be followed. 
 
 239.» Fees for the services mentioned in the schedule to Table of fees, 
 this chapter, denominated " table of fees," shall be as 
 therein prescribed. 
 
520 PLEADINGS AND PEACTICE [PAET III, 
 
 L/HAP. 134. 240. Any perscm talkiug greater fees, shall for such 
 Penalty for ofFence, forfeit to the party aggrieved, ten pounds, and also 
 
 taking exoes- ,7 , n i ■ °n ' ^ ' 
 
 sive fees. the amount 01 such excessive tees. 
 
 How recovered. 241. Actions' for such forfeitures, shall be brought in 
 
 the county where the offence was committed, and withini 
 
 six months next after the date of such oifence, 
 
 ProTision for 242. Judgments entered in the book of country judg- 
 
 sTnoTsep'tem- mcnts, siuce the first day of September, 1851, and the trans- 
 
 ber, 1851. ' cripts thereof entered in the county judgment books, and all 
 
 ' other proceedings had under such judgments, shall have the 
 
 same effect as if section 234 had been in force when such 
 
 judgments had been entered, and as if the same had been 
 
 entered, and such other proceedings been had hereunder. 
 
 Warrants, &e., 243. Everv warrant of attorney to confess judgment in 
 
 to be filed with- 1 j.- j v i- ■ i, 
 
 in ten days from any personal action, and every cognovit actionem m any such' 
 ^^- action, and every defeazance or condition to which such 
 
 warrant or cognovit may be subject, shall within ten days 
 from the date of such warrant or cognovit respectively, be 
 filed in the office of the prothonotary of the county wherein 
 the person giving such warrant or cognovit resides ; and 
 unless such warrant or cognovit, together with the defea- 
 zance or condition to which the same may be subject shall 
 be so filed, such warrant or cognovit shall be null and void 
 Defeazance to to all intents and purposes whatsoever. Provided that 
 wan-ant?'' °^ every defeazance or condition above referred to shall be 
 written on the same paper on which the warrant or cogno- 
 vit is written, and in default thereof such defeazance or con- 
 dition shall be void. ^ -i^- ^^^^^ c--^ ^— <:^»i 
 Prothonotary 244. The prothonotary in each county shall keep a book 
 of regStry!"'"'^ wherein he shall cause to be fairly entered an alphabetical 
 list of every warrant of attorney or cognovit actionem filed 
 in his office under the provisions of the last section, contain- 
 ing the names, additions and descriptions of the respective 
 defendants or persons giving such warrants of attorney or 
 cognovits, and also the names, descriptions, and additions 
 of the plaintiffs or persons in M'hose favor the same shall 
 have been given, together with the number and dates of 
 the execution and filing of the same, and also all other par- 
 ticulars connected with such warrants or cognovits; which 
 Fees. book, and every warrant or cognovit so filed, may be 
 
 searched and viewed by any person during office hours on 
 a fee of one shilling for each search, and the prothonatary 
 shall also be entitled to receive from the party filing each 
 warrant or cognovit the sum of one shilling for entering 
 the same. 
 Warrants, &c., 245. All Warrants of attorney and cognovits executed 
 passage of aS^ before the seventh day of May, 1858, shall be filed as here- 
 flied" * inbefore directed within ninety days from this act coming 
 
 into operation. 
 Issue may be 246. The parties to any cause now triable by jur^, may, 
 tried by judge, t^^ consent, in open court, or writing- signed by them or 
 
nTLE XXXTI. 
 
 PLEADINGS AND PEACTICB. 
 
 521 
 
 their attorney or counsel, as the case may be, and at any Chap. 134. 
 time before trial, leave the decision of any issue of fact to "~ 
 the presiding judge; provided that the court, upon motion, 
 or the presiding judge, shall, iu their or his discretion, think 
 fit to allow such trial. And such issue in fact may there- 
 upon be tried and determined, and damages assessed, where 
 necessary, ia open court, in term, or the sittings after the 
 term, by the presiding judge, whose decision shall be of the 
 same effect as the verdict of a jury, save |hat it shall not be 
 questioned. upon the ground of being against the weight of 
 evidence ; 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. 
 
 247. Writs of enquiry shall be made returnable in ten Writs of en- 
 days after the issuing thereof, and the party plaintiff shall '^"''^^' 
 be entitled to judgment for the arfiount awarded him, with 
 his costs, in fourteen days after the execution of the writ- 
 
 TABLE OF FEES. 
 
 peothonotaey's fees. 
 
 Entering appearance, 
 
 Entering and filing every rule of court, 
 
 Copy of every rule when given by prothonotary. 
 
 For drawing and striking a special jury, and for 
 copies of the lists furnished to the respective 
 parties and all other services connected there- 
 with, 
 
 Swearing and impanelling jury, 
 
 Swearing each witness or constable, 
 
 Taking and entering verdict, 
 
 Entering judgment, >? 
 
 The prothonotary at Halifax, for the entry of a 
 judgment not belonging to the supreme court 
 at Halifax and for the transcript thereo:^ 
 
 Filing retraxit or discontinuance, 
 
 Copies of all papers, per folio, 
 
 Every exhibit in a cause filed in court, 
 
 Taking affidavit in court, 
 
 Filing affidavit. 
 
 Searching records. 
 
 Entering every default, 
 
 Drawing and taking every recognizance. 
 
 Entering every non-suit, 
 
 Sealing and signing every subpoena. 
 
 Continuance of every cause. 
 
 Piling the roll in every cause, 
 
 Taxing bill of costs, — - — -'--- —'■ 
 
 Certificate of judgment. 
 
 Ditto of discharge of ditto, 
 
 £0 
 
 
 
 6 
 6 
 
 10 
 
 1 
 
 6 
 
 1 
 
 2 
 
 2 6 
 
 6 
 
 6 
 
 4 
 
 1 
 6 
 6 
 
 
 1 
 
 1 
 1 
 1 
 1 
 2 
 1 
 
022 PLEADINGS AND PBACTICB. [PAKT H?. 
 
 Chap. 134. In awrmaartf suits. 
 
 Signing and sealing writs, ^£0 2 6 
 For all other services, including final judgment,. 
 
 when not tried by a jury^ 2 6 
 
 For every alias SBmmary writ and praecipe,. 2 
 
 In sub-summary suits. 
 
 .Signing and sealing writ, 10 
 
 Signing judgment, 16 
 
 Every subpoena or ticket 6 
 
 No commission shall be allowed or deducted 
 from money paid into court under any rule or plea. 
 
 commissionek's fees. 
 
 For administering oath and marking writ, 2 
 
 Taking depositions of witnesses, each witness, 5 
 
 And for taking depositions, per folio, 6 
 Travelling fees, when necessary, 3d. per mile, 
 
 ATTOENET'S FEESv - 
 
 In si^-summary cav^es. 
 
 Attorney, © 9 
 
 Subpoena and tickets, each, ft 1 
 
 Execution, 2 6 
 
 In summary and appeal causes. 
 
 For writ, prascipe, affidavit and declaration, 11 8 
 
 All other proceedings until final judgment, 15 10 
 
 In aU other causes. 
 Ketaining fee, 10 
 Warrant of attorney, 16 
 Prsecipe, 16 
 Every writ, summons, or other original process, 5 
 Copy, 16 
 If containing declaration, 5s. additional. 
 Particulars of demand, 2 
 Term fee, ' 5 
 Notice of trial, notice to produce, and oth«r neces- 
 sary notices, in a cause, 3 6 
 Capias, 5 
 Copy, 16 
 Affidavit to hold to bail, 2 6 
 Entering appearance, • 2 6 
 Brief and copies,, not less than 7s. 6d. nor more 
 
 than £b, to be taxed by the court, 
 
 Every continuance, 10 
 
 Every discontinuance or retraxit, 10 
 
 Attending, balloting, or striking special jury, 10 
 
 Attending taking every inquisition before sheriif, 10 
 
 Making bill of costs, 16 
 
TITLE XXXVI.] PLEADINGS AND PRACTICE. 523 
 
 Attending to get same taxed, <£0 2 6 Chap. 134. 
 Arguing a demurrer, special verdict, motion for 
 
 new trial, or other special motion, 10 
 
 Trial fee, 10 
 
 All rules and copies, each, — 10 
 
 Everjr subpoena, 2 
 
 Every ticket. 2 6 
 Travel per mile for service, the same as to sheriff. 
 Attending the examination of every witness taken 
 
 before a judge or commissioner, 11 8 
 
 Every necessary attendance before a judge, 8 8 
 Every execution, habeas corpus, writ of error and 
 
 writ of inquiry or revivor, each, 6 
 Drafting issue, per folio, 6 
 Engrossing same, per folio, /O 6 
 Drafting record, per folio, 6 
 Engrossing same per folio, 6 
 All other drafting necessary to be done by an at- 
 torney in the conducting of a cause, per foli.o, 10 
 All necessary engrossing, per folio, 6 
 
 COUNSEL FEES. ^ 
 
 In summary, sub-summary, or appeal ca^^gB, when tried 
 
 before a jury, to be taxed by the court, no't to exceed three 
 
 pounds and ten shiljitigs. 
 
 In all other causes (after appearance and plea, to be taxed 
 
 at the discretion of the judge, not to exceed five pounds, 
 
 but not to be allowed in cases of default nor unless there 
 
 shall have been a plea pleaded. 
 
 Appendix A. 
 
 No. 1. 
 "SS. 
 
 Victoria, by the grace of God, &c. 
 
 To the sheriff of — , or any other of our sherifis : 
 
 We command y^u to summon C. D., of , to appear 
 
 in the supreme court at , within days after the 
 
 service of this writ, at the suit of A. B., who says that the 
 8^d C. D. is indebted to him [for work and materials pro- 
 vided by the plaintiff for the de/ejidard, at his request, or as 
 
 the case may be,'] and he claims pounds. 
 
 issued this day of -^ — : A. D. 18 . , 
 
 , prothonotary. 
 
 E. P. plaintiff's attorney, [or 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 
 
524 PLEADINGS AND PRACTICE. [PART III. 
 
 Chap. 134. according to law, to cause to be replevied to A. B., his cat- 
 ■ tie, [or goods,'] viz : 
 
 which C. D. of , unjustly detains as it is said ; and 
 
 that you summon the said 0. 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 G. 
 D. is unjustly detaining the said cattle [or goods.'] 
 
 Issued this day of' A. D. 18 . 
 
 , prothonotary. 
 
 E. F. plaintiff's attorney, [or in person.] 
 
 No. 3. 
 SS. 
 
 Victoria, by the grace of God, &c. 
 
 To the sheriff of , or to any other of our sheriffs : 
 
 We command you to attach the goods and chattels or the 
 
 estate of C. D. of , an absent or absconding debtor, 
 
 to the value of ; and also that you summon the said 
 
 C. D. to appear in our supreme court at within 
 
 days after the service of this writ, at the suit of A. B., who 
 says that the said C. D. is indebted to him [for rmmey found 
 to he due from the defendant to the plaintiff, on an account 
 stated between them, or as the case may he,] and he claims 
 
 pounds. 
 
 * Issued this day of , A. D. 18 . 
 
 , prothonotary. 
 
 E. F. plaintiff^s attorney, [or in person.] 
 To he endorsed — 
 By oath for [here insert the sum sworn to.] 
 
 No. 4. 
 SS. 
 
 Victoria, by the grace of God, &c. 
 To the sheriff of , or to any other of our sheriffs : 
 
 We command you to summon C. D., an absent or abscond- 
 ing debtor, and E. F., of , the agent or trustee of the 
 
 said C. D., to appear in our supreme court at , on the 
 
 Tuesday of next: the said CD. then and there 
 
 to answer to the suit of A. B., who says that the said C. D. 
 is indebted to him [for money had and received hy the de- 
 fendant for the use of tJie plaintiff, or as the case may he,] 
 and the said E. F. then and there to declare, discover and 
 disclose what goods or credits of the said C. D. were in his 
 hands or possession or under his management or control at 
 the time of the service of this writ upon him ; and the said 
 A. B. claims from the said C. D. pounds. 
 
 Issued this day of , A. D. 18 . 
 
 , prothonotary. 
 
 G. H., plaintiff's attorney, [or in person.] 
 To he endorsed — 
 
 By oath for [here insert the sum sworn to.] 
 
TITLE XXXVI.] PLKADINGS AND PRACTICE. 525 
 
 No. 5. Chap. 134. 
 
 ss. • 
 
 Victoria, by the grace of God, &c. 
 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 
 an 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. P., plaintiff's attorney, [or inperson.~\ 
 To he indorsed— 
 
 By oath for [Jiere insert the sum sworn to.] 
 
 No. 6. 
 
 SPECIMENS OF F0EM3. 
 
 Particulars of demand. 
 The following are the particulars of the plaintiff's claim : 
 1849. 
 June 20. Half year's rent to this day, of house 
 
 and premises in street, Halifax, ^£25 10 
 
 Sept. 12. 10 barrels of flour, at 25s., 12 10 
 
 Deer. 1. Money received by defendant, 17 
 
 55 
 Paid, 15 
 
 Balance due, £40 
 
 Or, 
 
 To butcher's meat and goods, supplied between 
 
 the 1st of Jan'y, 1849, and the 1st Jan'y, 1850, £52 
 Paid, 20 
 
 Balance, £32 
 
 Or, 
 £50. Principal and interest due on a bond, dated the 
 
 day of . 
 
 Or, 
 £90. Principal and interest due on a covenant contained 
 
 in a deed, dated the day of , to pay £100 and 
 
 interest. 
 
526 PLEADINGS AND PRACTICE. [PAET in. 
 
 Chap. 134. Or, 
 
 £85 on a bill of exchange for XlOO dated the 2d Febru- 
 ary, 1849. Accepted [or drawn, or endorsed] by the 
 defendant. 
 
 Or, 
 £50 on a guarantee, dated the 2d February, 1849, where- 
 by 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. 7. 
 
 In the supreme court, , on the day of , 
 
 A. D. 18 . [Bay of signing the judgment.'] 
 
 To wit : A. B., in his own proper person, [or by 
 
 his attorney,] sued out a writ of summons against C. D.,with 
 the particulars annexed as follows : 
 
 [here copy the particulars of demand.] 
 And the said 0. D. has not appeared, therefore it is con- 
 sidered that the said A. B. recover against the said C. D. 
 pounds, together with £ , for costs of suit. 
 
 No. 8. 
 
 Notice is hereby given, that if the defendant do not 
 appear and plead within four days after the period specified 
 in the writ for his appearance, the plaintiff shall be at 
 liberty to sign [judgment by default, if there are no particu- 
 lars of demand annexed ; and if there he particulars of de- 
 mand] final judgment for any sum not exceeding the sum 
 claimed in his particulars of demand, with interest at the 
 rate specified, and costs. 
 
 No. -9, 
 ( A. B., 
 Cause, < vs. 
 ( C. D. 
 I appear for C. D., the defendant in this cause, [or in 
 person.] E. P. 
 
 No. 10. 
 
 Writ of revivor. 
 SS. 
 
 Victoria, by the grace of God, &c . 
 
 To the sheriff of , or to any other of our sheriffs : 
 
 We command you that you summon CD., of , to 
 
 appear in the supreme court at , within days 
 
TITLE XXXVI.] PLEADINGS AND PRACTICE, 527 
 
 • 
 
 after the service of this writ, to shew cause why A. B. [or Chap. 134. 
 
 ' B. P., as executor of the last will and testament of A. B., — ' 
 
 deceased,' or as the case may he,'\ should not have execution 
 against him \jf against a representative, here insert, ' as 
 
 executor of the last will and testament of , deceased,' 
 
 or as the case may be,] of a judgment whereby the said A. 
 
 B. [or as the case may be,'] on the day of , re- 
 covered 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. 11. 
 
 Form of a rule or summons where a Judgment creditor 
 applies for execution against a judgment debtor. 
 
 [Formal parts as 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 E. P. was 
 
 defendant, and wherein the said A. B. obtained judgment 
 
 for £ 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. the costs of this application, tot be 
 taxed. 
 
 Note. — The above form may be modified so as to meet the 
 case of an application by or agaitist the representative of a 
 party to the judgment. 
 
 No. 12. 
 
 Form of suggestion thai 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. 
 P., as executor of the last will and testament of the said 
 A. B., deceased,' or as the case may be,] is now entitled to 
 have execution of the judgment aforesaid, against the said 
 
 C. D. [or ' against G. H. as the executor of the last will and 
 testament of the said CD.,' or as the case may be.] There- 
 fore it is considered by the court, that the said A. B. [or 
 ' B. P. as executor aforesaid,' or as the case may be,] ought 
 to have execution of the judgment against the said C. B. 
 [or ' against G. H. as executor as aforesaid,' or as the case 
 may be.] 
 
528 PLEADINGS AND PEAGTICB. [PAET III. 
 
 Chap. 134. No. 13. 
 
 Form of writ in ejectment. 
 
 SS. 
 
 Victoria, by the grace of God, &c. 
 
 To the sheriff of . 
 
 We command you to summon G. H., J. K., and L. M. to 
 
 appear in the supreme court, at , within days 
 
 after the service of this writ, at the suit of A. B., C. D., and 
 
 B. 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 : Idescribe the property 
 
 with reasonable dertairdy,'] and for the withholding of which 
 
 they claim pounds damages. 
 
 Issued this day of , A. D., 18 . 
 
 , prothonotary. 
 
 N. 0., plaintiff's attorney. 
 
 No. 14. 
 
 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 adv,is' 
 ed, 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 thereupon be 
 turned out of possession. 
 
 No. 15. 
 Judgment in case of nonappearance. 
 
 G. H., J. K., and L. M., were summoned to answer A. B., 
 
 C. D., and E. P., for withholding possession of a house and 
 
 ten acres of laiyjy situate at , in the county of , 
 
 and described as follows*: 
 
 And njj^ppearance has been entered to the said writ, [or 
 where defence has been made to a part, except as to — {de- 
 scribe it.)'] Therefore it is considered that the said A. B., 
 C. D., and E. P., do recover possession of the premises 
 above raentioned, [or where defence is to part, excep't; as to 
 part for ; which defence has been made as aforesaid,] with 
 
 the appurtenances, and also £ , for his cost 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.] 
 
TITLE ZXXVI.] PLEADINGS AND PEACTICE. 529 
 
 No. 16. Chap. 134. 
 
 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 impannelled 
 
 and sworn, who say that the plaintifts [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. P. 
 
 Therefore it is considered that the said A. B., C. D., and 
 E. P., do recover [as above where judgment is for non^appear- 
 
 omce,] and also the sum of ■£ , by the jury assessed as 
 
 ■aforesaid, together with costs of suit. 
 
 No. 17. 
 FormM #/ pleojs 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 de- 
 fendant only defend for a part,] — The said C. D. says he 
 only defends for a part of the premises claimed by the plain- 
 tiff, and which is thus described : [describe it with reasonable 
 a^iainty,] and he disclaims all right and title to the residue 
 of the said' premises, or to the possession thereof; and as 
 to the part for which he defends, says, that the said plain- 
 tiffs are not, nor is either of them, entitled to th^ posses- 
 sion of the part of the said premises above specified. 
 
 Plea by landlord shall commence thus : And E. P. admitted 
 to defend as landlord of the said premises, [or part thereof 
 describing the part,] says that 
 
 No. 18, 
 
 Form of a plea under tenancy in common. 
 
 And "the defendant says that he is tenant in common of 
 the premises, [or part as the case may be,] with the said 
 plaintiff, [or with A. B., one of the said plaintiffs,] and de- 
 fends as such, and admits the right of the said [claimant] to 
 to an undivided share of the said property, and denies any 
 actual ouster of him from the said property. 
 
 No, 19. 
 
 In the supreme court. 
 
 A. B., of , in the county of ,maketh oath and 
 
 saith that he hath the right to the possession of the follow- 
 ing cattle [or goods as the case may be] to wit : , as he 
 
 Verily believes, and that 0, D. unjustly detains the same. 
 
530 PLEADINGS AND PRACTICE. [PAET III. 
 
 C hap. 134 . .No. 20. 
 
 Replevin bond. 
 
 [Bond in the usual form from A. B. {plaintiff), and E. F. 
 and 0. iZ.J 
 
 Whereas the said A. B. has sued out a writ of replevin 
 against the said C. D. to obtain possession of certain cattle 
 
 [or goods] to wit : , which the said A. B. asserts to 
 
 be his property. 
 
 Now, the condition of this obligation is such, that- if the 
 said' A. B. shall not prosecute his suit with effect and with- 
 out delay, or if suit is carried on and continued between 
 the said A. B. and C. D. touching the property of the said 
 cattle \or goods] and the court shall adjudge that the said 
 cattle [or goods] shall be restored to the said 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 any 
 judgment that may be obtained against him, this bond shall 
 become void. 
 
 [ Where the plaintiff himself does not join in the bond, the 
 form must be dUered to conform to the fact.] 
 
 No. 21. 
 
 Security given by the defendant to obtain a return of property. 
 
 [Bond in the usual form from C. D. {defendant) and E. F. 
 and G. E.] 
 
 Whereas the said C. D. claims to retain certain cattle \or 
 
 goods] to wit : , to recover possession of which the 
 
 said A. B. has sued out a writ of replevin. 
 
 Now the condition of this obligation is such, that if the 
 court shall adjudge that the said cattle [or goods] shall be 
 restored to the said A. B., with or without damages for de- 
 taining the same, then if the said C. D. shall restore the 
 cattle [or goods], and pay and satisfy any judgment that 
 may be recovered against him, this obligation shall be void, 
 but otherwise shall remain in force. 
 
 [ WJiere the defendant himsdf does not join in ihe bond, the 
 form must be altered to conform to the fact.] 
 
 No. 22. 
 Bail bond. 
 
 [Bond in the usual form G. D. {defendant) and E. F. 
 and G. K] 
 
 The condition of this obligation is such, that if the above 
 
 bounden C. D. do appear in the supreme court at , 
 
 on the day of , to answer to the suit of A. B.^ 
 
TITLE XX;XVI.] PLEADINGS AND PRACTICE, 531 
 
 and. in case judgment shall be obtained against the said C. Chap. 134. 
 
 D., if he shall satisfy such judgment, or shall render himself, 
 
 or be rendered by the said E. P. and G. F. into the custody 
 of the sheri-fF of the county of — ^ then the said obliga- 
 tion to be void. 
 
 Appendix B. 
 
 specimens of forms. op pleadings. 
 - ^alemerds of causes of aobion in the tvrii. 
 
 To answer the said A. B., who says that C. D. is indebted 
 to him for [here date the suty'ect of the dcdm as in tlie follow- 
 ing forms,'] and the plaintiff claims pounds : 
 
 For work done and materials provided by the plaintiff for 
 the defendant, at his request. 
 
 For money lent by the plaintiff to the defendant. 
 
 For money paid by the plaintiff for the defendant, at his 
 request. 
 
 For money received by the defendant for the use of the 
 plaintiff. 
 
 For money found to be due from the defendant to the 
 plaintiff on an account stated between them. 
 
 For a messuage and lands sold and conveyed by the 
 plaintiff to the defendant. 
 
 For the good will of a business of the plaintiff, sold and 
 given up by the plaintiff to the defendant. » 
 
 For the defendant's use, by the plaintiff's permission, of \ 
 
 messuages and lands of the plaintiff. 
 
 For the defendant's use, by the plaintifTs permission, of a 
 fishery of the plaintiff. 
 
 For the hire of [as the case may be] by the plaintiff, let to 
 hire to the defendant. ,; 
 
 ' For freight for the conveyance by the plaintiff, for the 
 defendant at his request, of goods in ships. 
 
 For the demurrage of a ship of the plaintiff kept on de- 
 miirrage by the defendant : 
 
 Who says, — that the defendant on the day of , 
 
 A. D. , by his promissory note, now over due, promised 
 
 to pay to the plaintiff pounds, two months after date, 
 
 but did not pay the same. 
 
 Who says, — that one A. B. on, &c. [daie] by his promis- 
 sory note, now oyer due, promised to pay to the defendant, 
 
 or order, — pounds, two months after date ; and the 
 
 defendant endorsed the same to the plaintiff, and the said 
 note was duly presented for payment, and was dishonored, 
 whereof the defendant had due notice, but did not pay the 
 same. 
 
 Who says, — that the plaintiff on, &c. [date] by his bill of '/*; 
 
 exchange, now over due, directed to the defendant, required ,j,;?:*; 
 
 the defendant to pay to the plaintiff ^pounds, two •- I 
 
 34 
 
532 PLEADINGS AND PRACTICE- [PAET IK, 
 
 Ctiap. 134. months after date ; and ths defendant accepted the said bill, 
 but did not pay the same. 
 
 Who says, — that the defendant and the plaintiff agreed to 
 marry one another, and a reasonable time for SBch marriage 
 has elapsed, and the plaintiff has always been ready and 
 willing to marry the defendant, yet the defendant haa 
 neglected and refused to marry the plaintiff. 
 
 Who says — that the plaintiff and defendant agreed to 
 marry one another on a day now elapsed, and the plaintiff 
 was ready and willing to marry the defendant on that day, 
 yet the defendant neglected and refused to marry the plain- 
 tiff. 
 
 Who says, — that the defendant by warranting a horse to 
 be then sound and quiet to ride, sold the horse to the plain- 
 tiff, yet the said horse was not then sound and quiet to 
 ride. 
 
 Who says, — that the plaintiff and the defendant agreed by 
 charter party, that the plaintiff's ship, called the " Ariel," 
 should, with all convenient speed, sail to R, or so near there- 
 to as she could safely get ; and that the defendant should 
 there lade her with a full cargo of tallow or other lawfiil 
 merchandize, which she should carry to H, and there deliver 
 
 on payment of freight, at £ per ton ; and that the 
 
 defendant should be allowed ten days for loading and ten 
 for discharge, and ten days on demurrage, if required, at 
 £ per day ; and that the plaintiff did all things neces- 
 sary on his part to entitle him to have the agreed cargo 
 loaded on board the said ship at R, and that the time for so 
 doing has elapsed, yet the defendant made default in load- 
 ing the agreed cargo. 
 
 Who says, — that the plaintiff let to the defendant a house, 
 
 No. — , for seven years, to hold from the day of , 
 
 A. D., 18 — , at £ a year, payable quarterly, of which 
 
 rent quarters are due and unpaid. 
 
 Who says, — that the plaintiff, by deed, let to the defen- 
 dant a house, No. , to hold from the day of 
 
 A. D. ; and the defendant, by the said deed, covenanted 
 
 with the plaintiff well and substantially to repair the said 
 house during the said term, laccording to the covenant^ yet 
 the said house was, during the said term, out of good and 
 substantial repair. 
 
 For wrongs, independent of contract. 
 A. B. says that the defendant broke and entered certain 
 land of the plaintiff called the big field, and depastured the 
 same with cattle. 
 
 That the defendant assaulted and beat the plaintiff, and 
 ...„.-_ gave him into custody to a policeman, and cause him to be 
 imprisoned in a police office. 
 
 That the defendant debauched and carnally knew the 
 plaintiff's wife. 
 
TITLE X2XVI.] PLEADINGS AND PBACTICE. 533 
 
 Tha,t the defendant converted to his own use the plain- Chap. 134. 
 
 tiff's goods, that is to say : iron hoops, household furniture, 
 
 [as the case may he.] 
 
 That the defendant detained from the plaintiff, his, title 
 
 deeds of land called Belmont, in the county of , that 
 
 is to say, [describe the deeds.'] 
 
 That the plaintiff was possessed of a mill, and by reason 
 thereof, was entitled to the flow of a stream for working the 
 same ; and the defendant by cutting the bank of the said 
 stream, diverted the water thereof away from the said mill. 
 
 That the defendant falsely and maliciously spoke and 
 published of the plaintiff' the words following, that is to 
 say : — ^" he is a thief." 
 
 [If there he any damage here state it, with such reasonable 
 particularity as to give notice to tlie plaintiff of the peculiar 
 injury complained of : for instance] whereby the plaintiff 
 lost his situation as , in the employ of . 
 
 That the defendant falsely and maliciously printed and 
 
 published of the plaintiff, in a newspaper, called " " 
 
 the words following, that is to say : " he is a regular prover 
 under bankruptcies ;" the defendant meaning thereby that 
 the plaintiff had proved, and was in the habit of proving 
 fictitious debts against the estates of bankrupts, with the 
 knowledge that such debts were fictitious. 
 
 Commencement of. a plea. 
 
 The defendant by , his attorney, [or in person,] 
 
 says, [here state the substance of the plea.] 
 
 And for a second plea the defendant says [here state the 
 second plea.] 
 
 Note. — The several pleas ought to he written in separate 
 paragraphs, and numbered either with figures or in wor-ds, in 
 the body thereof, to prevent confusion. 
 
 Pleas in actions on contract. 
 
 That he did not promise as alleged. 
 
 [T%e plea is applicable to other declarations on simple con- 
 tracts, not on hills and notes. It would be unobjectionable to 
 use, "did not warrant," "did not agree" or any other appro- 
 priate denial.] 
 
 That the alleged deed is not his deed. 
 
 That the alleged cause of action did not accrue within six 
 years, \staie the period of limitation applicable to the case] 
 before this suit. 
 
 That before the action he satisfied and discharged the 
 plaintiff's claim by payment. 
 
 That the plaintiff at the commencement of this suit, was 
 and still is indebted to the defendant, in an amount equal 
 to [or greater than] the plaintiff's claim, for [here state the 
 cause of set off, as in a declaration ; see forms ante.] 
 
534 PLEADINGS AND PEACTICE. [PART III. 
 
 Chap. 134. That after the allegjed claim accrued, and before this suit, 
 the plaintiff, by deed, released the defendant therefrom. 
 
 Pleas in actions for wrongs, independent of contracts. 
 
 That he did not commit the assault. 
 That he did what is complained of by the plaintiff's leave. 
 That the plaintiff first assaulted the defendant, who there- 
 upon necessarily committed the alleged assault in his own 
 defence. 
 
 Replications. 
 
 The plaintiff's joins issue upon the defendant's pleas. 
 
 The plaintiff as to the second plea, says [here state the 
 answer to the plea, as in the foUoiving forms.'] 
 
 That the alleged release is not the plaintiff's deed. 
 
 That the alleged release was procured by the fraud of the 
 defendant. 
 
 That the alleged set off did not accrue within six years 
 before this suit. 
 
 That the plaintiff was possessed of land whereon the- 
 defendant was trespassing and doing damage, whereupon 
 the plaintiff requested the defendant to leave the said land, 
 which the defendant refused to do, and thereupon the plain- 
 tiff laid his hands on the defendant to remove him, doing 
 no more than was necessary for that purpose, which is the 
 alleged first assault of the plaintiff'. 
 
 New assignment. 
 
 The plaintiff as to the and pleas, says, that 
 
 he sues not for the trespasses therein admitted, but for 
 trespasses committed by the defendant in excess of the 
 alleged rights, and also in other parts of the said land, and 
 on other occasions and for other purposes than those refer- 
 red to in the said pleas, [as the case may be.} 
 
 [If the. plaintiff replies, and new assigns, the new assign- 
 ment may be as follows :] ' 
 
 And the plaintiff as to the and pleas, fur- 
 ther says, that he sues not only for the trespasses in those 
 pleas admitted, but also for, &c. 
 
 [If the plaintiff replies, and new assigns to some of the 
 pleas, and new assigns only as to the others, the form may be 
 - as follows ;] 
 
 And the plaintiff as to the ^ — and pleas, fur- 
 ther says, that he sues not for the trespasses in the 
 
 pleas [the pleas not replied to,] admitted, but for the tres- 
 passes in the — -, pleas [the pleas replied to,] admittedj 
 
 and also for, &c. 
 
title sxxvi.] pleadings and practice. 535 
 
 Chap. 134. 
 Part the Second. 
 
 1. In case any defendant being a British subject, is re- proceedinge 
 sidiner out of this province, it shall be lawful for the plain- againataBri. 
 
 ,.~,,°. -i r • XT. r J. • J ■ tiah subject re- 
 
 tifl to issue a writ oi summons in the lorm contained in sident out of 
 schedule A, to this act annexed, which writ shall bear the ' '° province, 
 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 defendant is residing, and it shall be lawful for 
 the court or judge, upon being satisfied by affidavit that 
 there is a cause of action which arose within this province, 
 or in respect of a breach of a contract made within the 
 province^ in whole or in part, or intended to be 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 the 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 efiect personal service thereof upon 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 delay 
 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 cir- 
 cumstances of the case ; provided always, that the plaintiff 
 shall and he is hereby required to prove the amount of 
 the debt or damages claimed by him in such action, either 
 before a jury upon a writ of enquiry, or before a judge ; 
 and the making such proof shall be a condition precedent 
 to his obtaining judgment. 
 
 2. In any action against a person residing out of the proooodings 
 province, and not being a British subject, the like proceed- JPIiefrosident 
 ings maybe taken as against a British subject resident »?^i.of"'« pro. 
 out of this province, save that in lieu of the form of the 
 writ of summons in the schedule A, to this act annexed, the 
 plaintiff shall issue a writ of summons according to the 
 form contained in the schedule B, hereto annexed, Sid shall A, 
 in manner aforesaid serve a notice of such last mentioned 
 writ upon the defendant therein mentioned, which notice 
 shall be in the form contained in the said schedule B, and 
 such service 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 there- 
 upon. 
 
536 PLEADINGS AND PRACTICE. [PART HE 
 
 Chap. 134. 3-. If the plaintiff or his attorney shall omit to insert in 
 Amenament of Or indorse on any writ or copy thereof, any of the matters 
 ^''- required by this chapter to be inserted therein, or indorsed 
 
 thereon, such writ or copy thereof shall not on that account , 
 be held void, but it may be set aside as irregular, or 
 amended upon application to be made to the court out of 
 which the same shall issue, or to a judge ; and such amend- 
 ment may be made upon any application to set aside the 
 writ upon such terms as to the court or judge may seem 
 fit. 
 Substitution of 4. If either of the forms of writ of summons contained 
 forms. jjj |.jjg schedules A and B, shall by mistake or inadvertence 
 
 be substituted for the other of them, such mistake or inad- 
 vertence shall not be an objection to the writ, or any other 
 proceeding in such action, but the writ may upon an ex 
 parte application to a judge, whether before or after any 
 application to set aside such writ, or any proceeding there- 
 on, and whether the same or notice thereof shall have been 
 served or not, be amended by such judge without costs. 
 Concurrent 5. 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 concurrent writ with one 
 for service within the province. 
 Affidavit of ser- 6. Any affidavit of service of writ or notice, or any 
 ^"'^' other affidavit for the purpose of enabling the court or a 
 
 judge to direct proceedings to be taken against defendants 
 out of the province, may be sworn before any judge of a 
 court of record or justice of the peace in any of her majes- 
 ty's dominions, or before any consul general, or consul, vice 
 consul, or consular agent, appointed by her majesty at any 
 foreign port or place, whose official character and signature 
 shall be certified under the hand and seal of a notary pub- 
 Psnaityfor ten- He : provided always, that if any person shall within this 
 withFaiae sig" province use or tender in evidence any such affidavit with 
 Batnre. g^ ialae or counterfeit signature thereto, knowing such sig- 
 
 nature to be false or counterfeit, he shall be guilty of felony, 
 and shall, upon conviction, be liable to be imprisoned in the 
 provincial penitentiary for a term not exceeding three years 
 nor less than one year, with hard labor. 
 
 SCHEDULES. 
 
 ♦ • A. 
 
 Writ where the defendant, being a British subject, resides out 
 ■ of the jurisdiction of this province. 
 SS. 
 
 Victoria, by the grace of God, &c. 
 
 To C. D. of , in the of 
 
 We command you that within [here insert a sufficient 
 number of days within which the defendani might appear with 
 
TITLB XXXVI.] PLEADINGS AND PEACTICE. 537 
 
 r^erenceto to the distance he may be at from this province,] Chap. 134. 
 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 materials 
 provided by the plaintiff for the defendant at his request, or 
 as the case may be'] and take notice that in default of your 
 so doing, the said A. B. may, by leave of the court or judge, 
 proceed therein to judgment and execution; and he 
 
 claims . 
 
 Issued the day of , A. D. 
 
 , prothonotary, 
 
 E. P., plaintiff's attorney, [or inperson.] 
 
 Memorandum to be subscribed on the writ. 
 
 N. B. — This writ is to be served within calendar 
 
 months from the date hereof; or if renewed, from the date 
 of such renewal, including the day of such date, and not 
 afterwards. 
 
 Indorsement to be made on the writ before service thereof. 
 
 This writ is for service out of the jurisdiction of the 
 
 court, and was issued by E. P. of ■ — , attorney for the 
 
 said plaintiff, [or, this writ was issued in person by A. B. who 
 "Simsides at , mention plaintiff's place of residence.] 
 
 ^ B. 
 
 Writ where a defendant, not being a British subject, resides 
 out of the jurisdiction 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 
 numher of days within which the defendant might appear, with 
 reference to the distance he may be at from Nova Scotia] days 
 after notice of this writ is served on you, inclusive of the 
 days 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 be] and take notice that in default of your 
 so doing the said A. B. may, by leave of the court or a 
 judge, proceed therein to judgment and execution ; and he 
 claims . 
 
 Issued the day of , A. D. 
 
 , prothonotary. 
 
 E. F., plaintiff's attorney, [or inperson.] 
 
538 
 
 EVIDENCE. 
 
 {PAET m. 
 
 Chap. 135. Memorandum to be subscribed on the writ.' 
 
 N. B. — Noticeof this writ is to be served within six calen- 
 dar months from the date thereof, including the day of such 
 date, and not afterwards. 
 
 Indorsements as in schedule A. 
 
 Notice of the foregoing writ. 
 
 ToG, 
 Take 
 
 H., of - 
 
 in 
 
 notice that A. B., of - 
 
 in the province of 
 
 Nova Scotia, has commenced an action at law against you 
 
 0. 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 [/or work 
 done and materials jyrmnded by the plaintiff for the defendant, 
 at his request, as the case may be,} and you are required with- 
 in — — days after receipt of this notice, to defend the said 
 action, by causing an appearance to be entered for you in 
 the said coxirt, 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 in jaerson.] 
 
 CHAPTER 135. 
 
 
 Commissions 
 for taking de- 
 positions of ab- 
 sent witnesses, 
 _.w iseued. 
 
 Depositione of 
 witnesses about 
 to leave the 
 province, aged 
 or infirm, bow 
 talceu. 
 
 When Buoh wit- 
 nesses do not 
 reside in the 
 county where 
 tlie cause iB 
 ponding. 
 
 OF WITNESSES AND EVIDENCE, AND THE PROOF OF WKITTEN 
 DOCUMENTS. 
 
 1. In any civil acticfti, the court or a judge, upon suffi- 
 cient cause being shewn by affidavit, may order a commis- 
 sion to issue for taking the deposition of witnessesresiding 
 out of the province, in such manner and under such restric- 
 tions as the court or judge may direct ; and the depositions 
 so taken may be read in evidence at the trial of the cause. 
 
 2. In civil causes depositions of witnesses who are 
 about to leave the province, or are aged, infirm, or other- 
 wise unable to travel, may be taken before a judge or com- 
 missioner, on due notice being given to the adverse party ; 
 and any party upon shewing sufficient cause by affidavit 
 may obtain from a judge an order in such terms as he shall 
 think fit, to compel an unwilling witness in such cases to 
 give evidence before the judge or commissioner. 
 
 3. Where such witnesses reside in any other county 
 than that in which the cause is to be tried, a judge, on suffi- 
 cient cause being shewn by affidavit, may give such order 
 as he shall think fit for the deposition de beme esse of such 
 
TITLE XXXTI.] EVIDENCE. 539 
 
 witnesses to be taken before a judge or commissioner by Chap. 135, 
 interrogatories or otherwise. ~ 
 
 4. In all cases of depositions to be taken before any Notice of exa- 
 judge or commissioner, at least twenty-four hours' notice in ^vln^-Tength 
 writing shall be given to the adverse party or to his attor- anrt contents of 
 ney, where such party or his attorney resides within the 
 
 county, otherwise at least eight days' notice shall be given 
 in like manner, and such notice shall in all cases contain t£e 
 names of the witnesses to be so examined. 
 
 5. Where any order shall be made for the examination Refusal on the 
 of yitnesses, and the order, together with a notice con- P^Jg^ *,,ey;^Q 
 taining the time and place where such attendance is required, ^^"^''J"^ ^^^^^ 
 signed by the person appointed to take the examination, tempt of'oourt. 
 shall have been duly served on the witness, and the witness 
 
 shall have been tendered his reasonable fees, the refusal 
 to obey any such order shall be deemed a contempt of 
 court. 
 
 6. No witness shall be compelled under any such order writings and 
 to produce any writing or document that he could not be whTt'to'iw' pro- 
 compelled to produce at the trial of the cause. ^^''^^■ 
 
 7. No such deposition shall be read in evidence without Depositions, 
 the consent of the party against whom the same is offered, Tnevidenee.^'^^ 
 unless the judge shall be satisfied that the deponent is dead, 
 
 or beyond the jurisdiction, or unable from some infirmity to 
 attend the trial, in which case the deposition certified under 
 the hand of the judge or commissioner shall, without proof 
 of his signature, be received and read in evidence, saving 
 all just exceptions. 
 
 8. Either party in any civil action that has been con- ^r"**™ or 
 tinued from one term to another, may exhibit to the adverse ments in con- 
 party or his attorney, any written or printed document to marbe^exM- 
 be used at the trial of the cause, and require him within ^'n* notice™'*" 
 eight days to enter into a rule to admit the same, and if the when and how 
 party so required shall neglect or refuse so to do, and the SI°ofreiusaL 
 judge before whom the issue is tried shall be of opinion 
 
 that the instrument proved was necessary to support the 
 case of the party producing it, the party so neglecting or 
 refusing shall be. liable to pay the fees of the witnesses 
 necessary for proving the same. 
 
 9. No witnesses' fees shall be allowed in any case within costs of proef 
 the preceding section, to a party who shall have adduced in nieSs'tobe°dIs- 
 support of an issue, of which it was incumbent on him to ^^°^lfty^^^g-^ 
 prove the affirmative, any written, or printed document lecta to e,x.\n- 
 which shall not have been. exhibited a reasonable time before 
 
 the trial or inquiry to the opposite part}'^, unless sufficient 
 cause shall be shewn on taxation, why the notice could not 
 have been given.. 
 
 10. No charge for preparing to prove any such docu- what costs re- 
 ment incurred before the service of the notice, or after an ofw°fttonSocu- 
 oflfer by the adverse party to admit the same, shall be allow- i"™d,aadwhat 
 ed,jexceptthosechargesnecessarily incurred in consequence not. 
 
540 EVIDENCE. [PAET III. 
 
 Chap. 135. of some act of the adverse party, after the service of notice 
 
 and before the offer of admission. 
 Incase the do- H- In cases of Written documents exhibited under the 
 admfued^or're' eighth soction, and not admitted if the court or a judge who 
 '5?ovin-^thom ^^^^^ *^® cause or the judge who shall tax the costs, shall be 
 to pay "Ihe cost, of opinion, on hearing the parties, that the written docu- 
 ments were not required on the trial, and that the party 
 producing or proving them had not reasonable ground for 
 believing they would be required, the party proving the 
 document shall pay the costs thereof, whatever may be the 
 result of the cause. i 
 
 Whon judge 12. Notwithstanding such written document may have 
 
 the party deofi- been required, if the court or the judge who tried the 
 dooumMts''has causc Or the judge who may tax the costs, shall be of opi- 
 cults^™be costs ^^^^ °° hearing the parties, that the party declining to admit 
 inthoeause. such document had reasonable and just grounds for declin- 
 ing, such party shall not be liable for the cost 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. 
 S?™uo°wft-" 13. No person shall be an incompetent witness by reason 
 nesaes interest- of incapacity from Crime or from interest, 
 ta'rties in suits 14. On the trial of any issue joined, or of any matter or 
 dono^ 'Ic.''^'' question, or on any enquiry arising in any suit, action, or 
 other proceeding, in any court of justice, or before any per- 
 son having, by law or by consent of parties, authority t.o 
 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, 
 shall, except as hereinafter excepted, be competent and com- 
 pellable to give evidence, either viva voce or by deposition, 
 according to the practice of the court, on behalf of either 
 or any of the parties to the suit, action, or 6ther proceeding. 
 In criminal 15. But nothing herein contained shall render any per- 
 
 parti^fsoharged SOU who, in any Criminal proceeding, is charged with the 
 aSd wi'vD^s no\ commission of any indictable offence, or any offence punish- 
 oompetent. able on Summary conviction, competent or compellable, to 
 give evidence for or against himself, or shall render any 
 person compellable to answer any question intending to 
 criminate himself; and nothing herein contained shall ren- 
 der any husband competent or compellable to give evidence 
 for or against his wife, or an)' 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. 
 Communication 16. No husbaud shall be compellable to disclose any 
 banTand'wife. Communication made to him by his wife during the mar- 
 riage, and no wife shall be compellable to disclose any 
 
TITLE XXXTI.] ETDIENCE. 641 
 
 communication made to her by her husband during the Chap. 135. 
 marriage. 
 
 17. Nothing in sections fourteen, fifteen, and sixteen Not applicable 
 contained, shall apply to any action, suit, proceeding or bill, tCTy.^"'" 
 
 in any court of common law or court of marriage and 
 divorce, instituted in consequence of adultery. t 
 
 18. All procla,mations, treaties, and other acts of state. Proclamations, 
 of any foreign state, or of any British colony, and all judg- &c ; i^n -IhaT'*' 
 ments, decrees, orders, and other judicial proceedings of as wideUoe'lo. 
 any court of justice in the United Kingdom of Great Bri- —^<>^ proved, 
 tain, and Ireland, or in any foreign state, or in any British 
 
 colony ; and all affidavits, pleadings, and other legal docu- 
 ments, 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 b}' examined copies or by copies authenti- 
 cated as hereinafter mentioned, that is to say : if the docu- 
 ment sought to be proved be a proclamation, treaty, or 
 other act of state, the authenticated copy, to be admissable 
 in evidence, must purport to be sealed with the seal of the 
 foreign state or British golony to which the original docu- 
 ment belongs; and if the document sought to be proved be a 
 judgment, decree, order or other judicial proceeding of any 
 British, foreign, or colonial court, or an afiidavit, pleading, 
 or other legal document, filed or deposited in any such court, 
 the authenticated copy, to be admissable in evidence, must 
 purport either to be sealed with the seal of the said British, 
 foreign, or colonial court to which the original document 
 belongs, or in the event of such court having no seal, to be 
 signed by the judge, or if there be more than one judge, 
 by any one of the judges of the said court, and such judge 
 shall attach to his signature a statement in writing on the 
 said copy, that the court, whereof he is a judge, has no 
 seal ; but if any of the aforesaid authenticated copies shall 
 purport to be sealed or signed as hereinbefore respectively 
 directed, the same shall respectively be admitted in evidence 
 in every case in which the original document could have 
 been received in evidence, without any proof of the seal 
 where a seal is necessary, or of the signature, or of the 
 truth of the statement attached thereto, where such signa- 
 ture and statement are necessary, or of the judicial charac- 
 ter of the person appearing to have made such signature 
 and statement. 
 
 19. Every document which, by any law now in force or Documents ad 
 hereafter to be in force, is or shall be admissable in evidence denoe in Enp 
 of any particular in any court of justice in England, or p^of^f'^signa- 
 Wales, or Ireland, without proof of the seal or_ starnp, or ture,&o.,admi«- 
 signature authenticating the same, or of the judicial or 
 
 official character of the person appearing to have signed 
 the same, shall be admitted in evidence to the same extent 
 and for the same purposes, in any court of justice in this 
 
542 
 
 EVIDENCE. 
 
 [part III, 
 
 Certified eoples 
 of papers fllod 
 in court admis* 
 •able as eri- 
 denoe. 
 
 AfQdavits to 
 hoid to bail 
 made abroad. 
 
 Chap. 135. province, or before any person having therein, bylaw 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 cha- 
 racter of the person appearing to have signed the same. 
 
 20l 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. 
 
 21. All afiidavits for the pi»pose of holding persons to 
 bail in this province, or having relation io any judicial pro- 
 ceeding in any court of justice therein, purporting to be 
 made before a judge of any court of justice in the United 
 Kingdom, &r in any foreign state, or in any British colony, 
 if in other respects conformable to law and the practice of 
 the court in which they are designed to be used, may, not- 
 withstanding they are made before a judge of a British, 
 foreign, or colonial court, be received aud acted upon, and 
 shall have the same effect as if made before a judge or other 
 lawful authority in this province ; .provided the same pur- 
 port to be sealed with the seal of the British, foreign, or 
 colonial court, before one of the judges of which they pur- 
 port to be made, or in the event of such court having no 
 seal provided, the judge whose name is subscribed thereto, 
 shall have attached to his signature a statement in writing, 
 on the affidavit, that the court whereof he is a judge, has. - 
 no seal ; but if any such affidavit shall purport to be sealed 
 and signed, or to be signed, without being sealed, as here-?t 
 inbefore respectively directed, the same shall be respec- 
 tively received and acted upon as aforesaid, and admitted 
 in evidence in every court of this province, without any 
 proof 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 signa- 
 ture and statement are alone required, or of the judicial 
 character of the person appearing to have made such signa- 
 ture, or signature and statement respectively.' 
 
 22. Every register of, or declaration made, in respect of 
 any British ship, in pursuance of any of the acts rela^ 
 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, aud examine 
 evidence, either by the production of the original, or by an 
 examined copy thereof, or by a copy thereof purporting to 
 be^ certified under the hand of the person having the charge 
 of the original, and which person is hereby required to fur- 
 nish such certified copy to any person applying at a reason- 
 able time for the same, upon payment of the sum of one 
 shilling : and every register, or copy of register, aud also 
 every certificate of registry granted under any of the acts 
 
 Proof of regis- 
 ter, &o., of Bri- 
 tish stiips. 
 
TITLE XSXVl.] EVIDENCE. 543 
 
 relating to the registry of British vessels, and purporting Chap. 135. 
 to be signed as required by law, shall be received in evi- 
 dence in any conirt of justice, or before any person having, 
 by law or by consent of parties, authority to hear, receive, 
 and examine evidence as prestimptive proof of all the mat- 
 ter 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 cer- 
 tificate of registry when the said certificate is produced. 
 
 23. If any officer, authorised or required by this chapter fnnishment for 
 to furnish any certified copies or extracts, shall wilfully cer- ffflcatl 
 
 -tify any document as being a true copy or extract, knowing 
 that the same is not a true copy or extract, as the case may 
 be, he shall be guilty of a misdemeanor, and be liable, upon 
 conviction, to imprisonment for any term not exceeding 
 three years. 
 
 24. Every court, I'udge, iustice, officer, commissioner, Parties anthor- 
 arbitrator, or other person now or hereatter having, bylaw teroatha. 
 
 or by consent of parties, authority to hear, receive, and ex- 
 amine evidence, is hereby empowered to administer an oath 
 to all such witnesses as are legally called before them, 
 respectively. 
 
 25. If any person shall forge the seal, stamp, or signa- PHnishment for 
 ture of any document in this chapter mentioned or referred ments%ferred 
 to, or shall tender in evidence any such document with a ter.° ''"'"'^"p 
 false or counterfeit seal, stamp, or signature thereto, know- 
 ing the same to be false or counterfeit, he shall be guilty of 
 
 felony, and shall, on conviction, be liable to imprisonment 
 for any term not exceeding three years, nor less than one 
 year ; and whenever any such document shall have been 
 admitted in evidence by virtue of this chapter, the court, or 
 person who shall have admitted the same, may, at the re- 
 quest of any party against whom the same is so admitted in 
 evidence, direct that the same shall be impounded and kept 
 in the custody of some officer of the court, or other person, 
 for such period, and subject to such conditions as to the 
 said court or person shall seem meet, afJd every person who 
 shall be charged with committing any offence iinder this 
 chapter may be dealt with, indicted, tried, and; if convicted, 
 sentenced, and his offence may be laid and charged to have 
 been committed in the county, district or place in which he 
 shall be apprehended or be in custody ; and every acces- 
 sory before or after the fact, to any such offence, may be 
 dealt with, indijcted, tried, and, if convicted, sentenced, and 
 his offence laid and charged to have been committed in any 
 county, district, or place in which the principal offender 
 may be tried. 
 
 26. A copy of any grant of lands, or of any proceedings copies of grants 
 in her majesty's council respecting the titles of lands, cer- erSenoe. °** 
 tified by the provincial secretary, or clerk of the council, 
 
 shall be received as evidence. 
 
544 EVIDEKCB. [PART III. 
 
 Chap. 135. 27. A copy of any deed from the books of registry, cer- 
 Certified copy tified Under the hand of the registrar, or proved to be a true 
 reooived'in^w! ''^P^ t^^®^ therefrom, shall be received as evidence in the 
 denoe. 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 enquired 
 for, and been unable to procure the same. 
 Probate of wm, 28. The probate of a will, or a copy thereof, certified 
 pj^, may^be It Under the hand of the judge or registrar of probate, or 
 dlnce* ^" ^"" proved to be a true copy of the original will, when such 
 will has been recorded, shall be received as evidence ; but 
 the court may, upon due cause shewn upon affidavit, order 
 the original will to be produced in evidence. 
 Notice to be 29. A party intending to avail himself of the two pre- 
 oppTsite party. Ceding sections, must give notice, in writing, of such his 
 intention to the opposite party, at least ten days previous 
 to the trial, with a schedule of the deeds or wills so intended 
 to be given in evidence, and of 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. 
 Copy of grant. 30. A copy of any duplicate original of a grant, certified 
 by the surveyor general, or by the registrar of deeds of 
 any county where such grant is recorded, shall be received 
 as evidence. 
 Plans certifled 31. A Certificate of the prothonotary at Halifax, on the 
 tary.'^°"'™°" P^^^ of any township returned under the thirty-first section 
 of chapter one hundred and thirteen, shall be presumptive 
 evidence that the same is the original plan whicli it is 
 alleged to be in such certificate, and such plan shall there- 
 upon be received in evidence as such. 
 Justices may is- 32. Where a witness in a cause resides more than five 
 wiferc witoeas miles from the place where the trial is to be had, a justice 
 than five"miied of the pcacc may issue a summons for such person to attend 
 distant. at the trial thereof, which summons shall have the same efi'ect 
 
 as a subpoena, and may be in the usual form of a justice's 
 subpoena with the ifecessary alterations. 
 Witness' fees to 33. No porsou shall be obliged to attend or give evi- 
 
 be tendered. j ■ ^, i. r t,-iiji- in 
 
 dence m any "cause, beiore he is tendered his reasonable 
 
 charges for such attendance. 
 
 Judge's testi- .34. The testimony of a judge of the supreme court may 
 
 krawiim^e-' be taken before any other judge or a commissioner, in the 
 
 from'^alry''coun- Same manner as in the case of a witness about to leave the 
 
 ty. 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. 
 
 Affirmation. 35. If any person called as a witness, or required or 
 
 desiring to dake 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 qualified persons, to take affidavits or 
 
TITLE XSXVI.] EVIDENCE. > 545 
 
 depositions, upon being satisfied of the sincerity of such Chap. 1 35 
 objections, to permit such person, instead of being sworn, 
 to make his solemn affirmation or declaration, in the words 
 following, videlicit : 
 
 " I, A. B., do solemnly, sincerely, and truly affirm and 
 declare, that the taking of any oath is, according to my 
 rehgious belief, unlawful ; and I do solemnly, sincerely, and 
 truly affirm and declare, &c." 
 
 Which solemn affirmation and declaration shall be of the 
 same force and effect as if such person had taken an oath 
 in the usual form. 
 
 36. If any person making such solemn declaration or penalty for af- 
 affirmation, shall wilfully, falsely, and corruptly affirm or ^™'°s aiaeiy. 
 declare any matter or thing which, if the same had been 
 
 sworn in the usual form, would have amounted to wilful 
 
 and corrupt perjury, every such person so offending, shall 
 
 incur the same penalties as by the laws of this province 
 
 are or may be enacted or provided against . persons con- ^ 
 
 victed of wilful and corrupt perjury. 
 
 37. A party producing a witness shall not be allowed to Party produ- 
 impeach his credit by general evidence of bad character, ti°im^'eaoh hTs 
 but he may, in case the witness shall, in the opinion of the tenra'd'/bad" 
 judge, prove adverse, contradict him by other evidence, or eharaoter. 
 
 by leave of the judges, 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 cir- May contradict 
 
 cumstances of the supposed statement sufficient to designate elwenoe.''"*' 
 
 the particular occasion, must be mentioned to the witness, 
 
 and he must be asked whether or not, he has made such 
 
 statement. 
 
 38. If a witness, upon cross examination, as to a former Evidence of in- 
 statement made by him, relative to the subject matter of statement of a 
 the cause, and inconsistent with his present testimony, does be'rTcdTed™ '" 
 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 supposed 
 statement sufficient to designarte the particular occasion, 
 must be mentioned to the witness and he must be asked 
 whether or not he has made such statements. 
 
 39. A witness may be cross examined as to previous Examinationof 
 statements made by him in writing, or reduced into writing, previous'state- 
 relative to the suJoject matter of the cause, without such ^™.^^ '" ""^^ 
 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 inspec- 
 tion, and he may thereupon make such use of it for the pur- 
 poses of the trial as he shall think fit. 
 
546 EVIDENCE. [PART HI. 
 
 Chap. 135. 40. A witness in any cause may be questioned as to 
 Examination of whether lie has been convicted of any felony or misde- 
 witaossroiati™ meanor ; and, upon being so questioned, if he either deny 
 tion of crime' the fact or refuse to answer, it shall be lawful for the oppo- 
 site party to prove such conviction, and a certificate con- 
 taining the substance and effect only (omitting the formal 
 part) of the indictment and conviction for such offence, 
 purporting to be signed by the clerk of the court, or other 
 officer having the custody of the records of the courts 
 where the offender was convicted, or by the deputy of such 
 clerk or officer (for which certificate a fee of five shillings 
 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 charac- 
 ter of the person appearing to have signed the same. 
 Proof of instrn- 41. It shall not be necessary to prove, by the attesting 
 ments. witness; any instrument to the validity o'f which attestation 
 
 is not requisite ; and such instrument may be proved by 
 admission or otherwise, as if there had been no attesting 
 witness thereto. 
 Proof i)y com- 42. Comparison of a disputed Writing with any Writing 
 pariaon of iiand proved to the Satisfaction of the judge to be geniiine, shall 
 be permitted to be made by witnesses ; and such writings; 
 and the evidence of witnesses respecting the same, may be 
 submitted to the court and jury as evidence of the genuine- 
 ness, or otherwise, of the writing in dispute. 
 New matter in 43. Upon motions founded upon affidavits, it shall be 
 »^davH;B^may lawful for either party, with leave of the coUrt or a judge, 
 to make affidavits in answer to the affidavits of the opposite 
 party upon any new matter arising out of such affidavits, 
 subject to all such rules as may hereafter be made respect- 
 ing such affidavits. 
 On hearing mo- 44. Upou the hearing of any motion or summons, it shall 
 Sr prodi^*^ be lawful for the court or a judge, at their discretion, and 
 meStsfan'dap- '"Pd such terms as they shall think reasonable, from time 
 pearanoeofwit to time, to Order such documents as they may think fit to 
 be produced, and such witnesses as they may think neces- 
 sary to appear and be examined viva voce, either before 
 such court or judge, or before a commissioner, and upon 
 hearing such evidence, or reading the report of such com- 
 missioner to make such rule or order as may be just. 
 Mode of eiami- 45. The court Or a judge may, by such rule or order, or 
 neSe°. io!^''" any subsequent rule or order, command the attendance of 
 the witnesses named therein, for the purpose of being ex- 
 amined, or the production of any writings or other docu- 
 ments to be mentioned in such rule or order ; and such rule 
 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 
 
TITLE XXXVI.] EVIDENCE. 547 
 
 the examination from time to time as occasion may require, Chap. 135. 
 and the proceedings upon such examinations shall be con- ^" '~ 
 ducted, and the depositions taken down, as nearly as 1na,y 
 be, in the mode now itf use with respect to the viva voce 
 examination of witnesses de bene esse when about to leave 
 the province. 
 
 46. Any party to any civil action or other civil proceed- Judge may 
 ings in the supreme court, requiring the affidavit of a per- anoe'ff paS™"^" 
 son who refuses to make an affidavit, may apply by sum- ifMrvit^or't?* 
 mons, for an order to such person to appear and be ex- produee'doou- 
 amined upon oath, before a judge or commissioner, to whom 
 it may be most convenient to refer such examination, as to 
 the matters 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 persdfi therein 
 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. 
 
 : 47. Such order shall be proceeded upon, as nearly as may order, how to 
 be, in like manner as an order made under the second sec- on. ^™!^^ ** 
 tion, and the examination thereon shall be conducted, and 
 the depositions taken down and returned, as nearly as may 
 be, in the mode now used with respect to the examination 
 de bene esse of witnesses about to leave the province. 
 
 48. Upon the application of either party to any cause or Production of 
 other civil proceeding in the supreme court, upon an affi- hand?*ome 
 davit of such party of his belief that any document, to the opposite party, 
 production of which he is entitled for the purpose of dis- 
 covery or otherwise, is in the possession or power of the 
 opposite party, it shall be lawful for the court or judge to 
 
 order that the party, against whom such application is made, 
 or if such party is a body corporate, that some officer to be 
 named of such body corporate shall answer on affidavit, 
 stating what documents he has in his possession or power 
 relating to the n^atters in dispute, or what he. knows as to 
 the custody they are in, and whetherjie 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. 
 
 49. In all causes in the supreme court, by order of the interrogatories 
 court or a judge, the plaintiff may with .the declaration, and Kiii/ered *'^' 
 the defendant may, with the plea, or either of them by leave tlm or^pieaf' 
 of the court or a judge, may, at any other time, delivei- 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 inatter, interrogatories 
 35 
 
548 ETIDEJfCE. [PAET m. 
 
 Chap. 135. in writing, npon any matter as to which discovery may be 
 sought; and require guch party, or in the case of a body 
 corporate, any of the ofScers of such body corporate, witL 
 in ten days, to answer the question in writing, by affidavit, 
 to be sworn and filed in the ordinary Way ; 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 con- 
 tempt of the court, and shall be liable to be proceeded 
 against accordingly. 
 Application for 50. The application for such order shall be made upon 
 madel '""' ^^^ affidavit of the party proposing to interrogate, and of 
 his attorney or agent, or in case of a body corporate, of 
 their attOTney or agent, stating that the deponents believe 
 that the party proposing to interrogate, whether plaintifiFor 
 defendant, will derive material benefit in the cause from the 
 discovery which he seeks, that there is a good cause of 
 action or defence upon the merits, and ifithe application be 
 made on the part of the defendant, that "the discovery is 
 not sought for the purpose of delay : provided, that when 
 it shall happen from unavoidable circumstances that the 
 plaintiff or defendant cannot join in such affidavit, the court 
 or a judge may, if they think fit, upon affidavit of such cir- 
 cumstances by which the party is preventedsfrom so joining: 
 therein, allow and order that the interrogatories may be de- 
 livered without such affidavit, 
 inoassofin- 51. In case of omission, without just cause, to answer 
 swOT^'imrty" sufficiently such written interrogatories, it shall be lawful 
 may' by order, for the court Or a iudsre, at their discretion, to direct an oral 
 
 be examined ■ ±- r j.t- ■ j. j. j j. 1 i_ ■ x 
 
 oraUy. examination of the interrogat§a 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 subse- 
 quent 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 documents to be men- 
 tioned in such rule or order, and. may iiSppse therein such 
 .terms as to such examjpation,andthe costs of the application, 
 and of the proceedings thereon, and otherwise, as to such 
 court or judge shall seem just, 
 oraiexamina- 52. Such rule or Order shall have the same force and 
 ken.' '""' '"" 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 takf p 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. • u 
 
 Depositions to 53. Whenever, by virtue of sections forty-four, forty-five, 
 ofpnShonptary forty-six, forty-seven, fifty-one, and fifty-twoj an examination 
 
or commission- 
 er. 
 
 TITLE XXXVl.] EVIDENCE. ' 549 
 
 of any witness has been taken before a judge of the supreme Chap. 135. 
 court, or before a commissioner, the depositions taken down 
 by such examiner shall be returned to, and kept in the office 
 of the prQthonotary of the court, and office copies of such 
 depositions may be givOTi out, and the depositions may be 
 otherwise used in the same manner as in the case of depo- 
 sitions now 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. 
 
 54. It shall be lawful for every judge or commissioner Report of judge 
 
 named in any such order or rule as aforesaid for taking ' 
 
 examinations under sections forty-four, forty-five, forty-six, 
 forty-seven, fifty-one, and fifty-two, 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 authorised to institute such proceedings, and make 
 such order or orders upon such report as justice may re- 
 quire, and as may be instituted and made in any case of 
 contempt of the court. 
 
 55. The costs of every application for any rule or order costs, 
 to be made for the examination of witnesses by virtue of sec- 
 tions forty-four, forty-five, forty-six, forty-seven, fifty-one, 
 and fifty-two, and of the rule or order, and proceedings 
 thereon, shall be in the discretion of the court or judge by 
 whom such rule or order shall be made. ' 
 
 56. The term commissioner, wh^n used in this chapter. Term "oommis- 
 shall include a commissioner appointed for taking affidavits "°°°'^-" 
 
 to hold to bail, and a commissioner specially appointed un- 
 der this chapter. 
 
 57. If the parties in any cause pending in any court, Biamination 
 consent in writing, to examine witnesses residing out of the l^tf^ ^^ '""^' 
 province, whether by interrogatories or viva voce, such con- 
 
 SQpt 8.nd the proceedings had thereunder shall be as valid 
 in all respects as if a commissipn had been sued out and the 
 proceedings had thereunder. 
 
 58. Rules for commissions for the examination of wit- Rules for em- 
 
 . T ij-ii • ' 1 ji missionsmaybe 
 
 nesses residmg out of the province may be made by any sjcanted by pro- 
 prothonotary, upon the usual ground laid in the same way "'""''"'ry. ^\ 
 as the supreme court or a judge thereof grant the same. 
 
 59. Examination of witnesses residing abroad may be Proceedings on, 
 opened by the prothonotary of the court at the instance^miMion."*^ *"''" 
 of either party ; and either party may notify the other of 
 
 their being so returned, and no objections to such examina- 
 tions 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, an4 the court 
 or a judge, on summons, may then hear such objections and 
 decide thereon. 
 
 60. No examination of witnesses residing abroad; or eximinatioMto 
 taken de bene esse, shall be set aside by the court or any be made on asa- 
 
550 ' JURIES. [part in. 
 
 Chap. 136. judge thereof, unless the party objecting shall lay grounds 
 ra\'echnM°°* ^^ affidavit, whioh may be opposed as in other cases ; and 
 grounds. unless the court or judge shall be of opinion that the objec- 
 
 tions are not of a purely technical character, and that sub- 
 stantial justice requires that such|f bjections should prevail, 
 which shall be so expressed in the order. 
 Application of 61. Sections fourteen, fifteen, sixteen, and seventeen shall 
 see ions. ^^^ apply to anv actions commenced before the fourth day 
 
 of April, 1855. ' 
 
 CHAPTER 136. 
 
 OP JURIES. 
 
 Qualification of 1- All persons Dot hereinafter exempted, or who may 
 grand jurors, ^q^ otherwise by law be exempted, who shall have resided 
 twelve months within the county, and shall hold a freehold 
 estate within the same, if within the county of Halifax of - 
 the yearly value of thirty pounds, and if in any other county 
 of the yearly value of fifteen pounds, or shall be possessed 
 of a personal estate, if within the county of Halifax of the 
 value of five hundred pounds, and if in any other county of 
 the value of three hundred pounds, shall be qualified to 
 serve as grand jurors for such county. 
 Qualification of 2. All persons not hereinafter exempted, or who may 
 petit jurors, 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 own property within 
 the county to the value of two hundred pounds, shall be 
 " qualified to serve as petit jurors for such county. 
 
 Persons exemp- 3. The members of the executive and legislative Cotfli- 
 ing?n"j'ur1eri cils and of the house of" assembly, and the officers 
 bMo"erve"°" thereof while in session, the receiver general, the financial 
 oftener than secretary, and the secretary of the province, the surveyor 
 years, except in general of crown lands, and„the clerks employed in their 
 special cases, g^veral offices, the registrar of deeds, the officers of her 
 majesty's courts, justices of the peace and members of the 
 corporation of the city of Halifax, the officers composing 
 the stafi" of the army, the clerks belonging to the several 
 departments of the army, the officers and clerks belonging 
 to and laborers employed in the naval yard, naval hospital 
 establishment, the victualling establishment or her majesty's 
 ordnance, or the departments of the customs, or excise^ or 
 post office ; ministers, attornies, physicians, surgeons, keep- 
 ers of Hght houses, millers, licensed ferrymen, teachers of 
 academies, licensed schoolmasters, mail couriers, engine 
 men and firemen, sworn electric telegraph operators, persons 
 
TITLri XXXVI.] JURIES. 551 
 
 under tM'^enty-one and above sixty years of age, and the Chap. 136. 
 cashiers or accountants and tellers actually employed in the 
 .several banks, shall be exempted from serving on juries ; 
 and no person shall be liable to serve on grand or petit 
 juries more than once in three years respectively, unless 
 in cases where a new summons shall be issued for jurors to 
 supply the place of jurors not attending as hereinafter 
 directed. 
 
 4. The sessions shall from among their number appoint oommittee for 
 a committee of five justices, resident in different sections J'evFstng'yry 
 of the county or district, for the purpose of preparing and ^'oi^'tgf^ '^^' 
 revising the grand and petit jury lists of the county or "" ^ " 
 district, and shall from time to time appoint others to act in 
 
 the ro(i.m of such as may die or be removed. 
 
 5. The committee, having been sworn, shall have free Duty of.ooiiT-i, • 
 access to.all public papers and accounts, and shall prepare "' "ubite "pa!' 
 and annually revise the lists, and shall transmit copies p^"- *«•'&««• 
 thereof to the prothonotary. 
 
 6. The lists shall be valid though all the justices appoin- Si whoii**'com- 
 ted shall not act in the compilation or return thereof. mittee do not 
 
 7. The list of grand jurors shall contain all the christian ^^sta of grand 
 names and the surnames of all those qualified to serve as i^in"ame3°ad 
 grand jurors, their places of residence, trades, callings or ditions, &e.' 
 employments, and whether senior or junior, or by any other 
 appellation by which they may be usually called or known. 
 
 :% 8. The list of petit jurors shall contain all the christian Lists of petit 
 names and the surnames of all those qualified to serve t?ouiara! ^ ^ 
 either as grand or petit jurors, their places of residence, 
 trades, callings of employments, and whether senior or 
 junior, or by any other appellation by which they may be 
 usually called or known. 
 
 9. The court of general sessions in every county or General ses- 
 district of this province, shall, from time to time, as they ^™e ^the^mfm- 
 may think requisite, fix and- determine what number of such ^"'^ of jurors to 
 
 1 ■ f 1 i 1 ■ £■ T. r J.I. ^^ summoned 
 
 persons, qualified to serve as grand jurors tor each oi the annually, 
 townships, settlements, or electoral districts, in the county 
 or district, shall be annually summoned to serve as such 
 jurors. 
 
 10. When the lists of jurors shall have been completed copies of jury 
 by the committee, a copy shall be given by them to the edfnot?c*e?obe 
 clerk of the peace, and another copy to the prothonotary, |c^f° *ro™o?' 
 who shall forthwi^ post up a copy of such list in their omissions in. 
 oflSces, respectively, and keep the same posted up for at 
 
 least one month ; and such committee, or a majority thereof, 
 shall meet in the county or district court house, within two 
 months from the last day of the sessions at which they were 
 appointed, to revise such lists, a notice of the time ofhold- 
 ing such meeting to be given on such lists so posted up, 
 and shall hear and decide upon objections to the correct- 
 ness of such lists, either as to names appearing thereon, or 
 as to names omitted, therefrom. • 
 
552 JURIES. [PA|T III. 
 
 Chap. 136. 11. The committee shall thereupon forthwith furnish 
 Corrected lists ^he prothonotary with a copy of such lists so corrected and 
 to^prShonS.^^S'ie'^ '^y *'^®™' ^°^ the lists shall be held valid, notwith- 
 ry, effect of standing the omission of persons qualified or the insertion 
 ssions. 0.. ^^ ^jjg names of persons not qualified as grand or petit 
 
 jurors, respectively. 
 Lists to be post- • 12. The Ust of jurors shall be kept posted up in the 
 tar'y's^fflceT"' prothonotary's office, and when the juries are drawn to 
 be markedr"*" serve for each year, the prothonotary shall mark opposite 
 
 to the name of each person the year he was drawn to serve 
 
 and whether as a grand or petit juror. 
 Remuneration 13. The grand jury, in general sessions, shall vote annu- 
 revisSgii'sts! ^^^J ^ Compensation of seven shillings and six pence to 
 
 each of the committee of justices who revise the lists as 
 ». aforesaid, with travelling fees at the rate of three pence 
 
 per mile coming and returning ; and six pence per folio for 
 
 cdpies of the lists furnished by them. 
 Inserting 14. Any justicc appointed to revise such lists, who 
 
 petent°or°omuI ^^^^^ kuowiugly put any person thereon who is not quali- 
 ting competent fied, or omit any person who is qualified, or who shall wil- 
 persons in is s, ^^jj^ neglect his duty in any other respect, shall be liable 
 
 to a penalty of not less than ten, nor more than fifty pounds. 
 Where jurors 15. In any county or district where grand or petit 
 
 have not been • n j. i i ^ j.i j. ■ i 
 
 drawn for the jurors have not been drawn lor the current year, a special 
 
 current yeaj. gessions may appoint a committee of justices to revise the 
 
 lists of jurors, and after the same are revised in manner 
 
 directed by this chapter, and returned by the committee to 
 
 the prothonotary, he, together with the sheriif or his deputy, 
 
 shall forthwith draw a jury or juries, as . may be required, 
 
 and the prothonotary shall issue venires for summoning the 
 
 same ', and such lists need not be drawn in open court, or 
 
 signed by a judge of the supreme court. 
 
 Form of revised 16. Revised lists of grand and petit jurors, hereafter to 
 
 lists. Ijq prepared, shall be in the forms of schedule A, hereto 
 
 annexed. 
 Designation of 17. The designations of jurors shall hereafter be written 
 wdttln°upon upon the tickcts containing their names, and also upon the 
 •tickets, &0. several panels and venires in the same way as they are upon 
 
 the revised lists. 
 Revising com- 18. The Committee of justices to revise the lists shall 
 S^osena"nnuai- ^^ chosen annually, but shall continue in office until their 
 ly, duration of. successors are appointed. 
 
 Lists of petit _ 19. The Committee appointed for the county of Halifax 
 
 Sx°sls^8foSf '' shall also prepare and annually revise a list of those persons 
 
 how prepared, ^q^ qualified to scrve as grand or petit jurors, and shall 
 
 return such list to the clerk of the peace, which list shall 
 
 be the list from which the petit juries for the sessions at 
 
 ^ Halifax §hall be drawn ; and such petit juries shall be drawn, 
 
 summoned and sworn in the, same manner, and subject to 
 
 the same rules and penalties as petit juries in the supreme 
 
 court. 
 
TITLE XXXVI.] JURIES. ' 553 
 
 20. No person living more than fifteen miles from, the Chap. 136 . 
 city of "Halifax shall be placed on any list for the county of What distance 
 
 TT i-j: '' fromHahfrxto 
 
 ilailiax. , exempt. 
 
 21. . The general sessions for the district of Saint Mary's st. Marys ais- 
 shall appoint three justices to revise the list of grand jurors iSt.'fow'revi-'^'' 
 for the district, as often as may be requisite. ^®'^- 
 
 22. The inhabitants residing within the district of Saint Liability or 
 Mary's shall alone be. liable to attend as jurors at the ses- Si"g wUhirst. 
 sions held in the district, and they shall not be liable to to^'sYrve^as""* 
 attend as jurors at the sessions held at Guysboroagh ; but s'o-t^d. jurors, 
 nothing in this section shall be construed to exempt such 
 persons from their liability, to attend as jurors at the 
 supreme court at Guysborough. 
 
 23. The clerk of the peace for the district of Saint saiit Marys 
 Mary's shall draw from the list a grand jury on the last day juiV.howdrawn 
 of the sittings or term of the sessions, to be summoned to ^" '"^^ a»ssions: 
 attend the next term or sittings of the court. 
 
 24. The prothonotary, as soon as possible after the Names of grand 
 return of such lists, shall have the names of all persons to"be^pi'aoid"y 
 mentioned therein written on distinct and separate pieces Fn separate"''^ 
 of paper, so folded as to conceal the names thereon, and ^'"^^■ 
 
 shall place the same in separate boxes ; those names placed 
 on the grand jury list being put into the grand jury 
 box, and those on the petit jury list into the petit jury 
 box. 
 
 25. During the sitting of |.he court on the last term in Grand jury, how 
 each year, the prothonotary s'^all draw from the grand jury mS."'"''*"™' 
 box in open court, and before drawing the petit jury, the 
 
 number of names fixed and determined by the sessions or 
 b)' the committees thereof, to serve as grand jurors for each 
 township or settlement, in such county or district during 
 the ensuing year, and shall thereupon make a list of such 
 names as shall first be drawn, setting aside the names of 
 those who have served within two years then next preced- 
 ing, which list shall be signed by the presiding judge ; and 
 the prothonotary shall issue writs of venire facias for the 
 summoning of such jurors, and shall deliver the same to the 
 sheriff- at least thirty days before the first term or sittings 
 of the supreme court or general sessions at which such 
 .grand jury shall be bound to attend, and the sheriff shall 
 thereupon cause such jurors to be summoned at least four 
 days befor^the time appointed for their attendance. 
 
 26. The prothonotary for the county of Guysborough, ^uy"boix)ugh°'^ 
 immediately after drawing the grand jury for the supreme sessiorfs, how 
 court, shall draw in the usual mode from the apartments of '^*^°' 
 
 the grand jury box allotted to those portions of the county 
 not included in the district of Saint Mrry's, a grand jury to 
 attend at tlie sessions in Guysborough, who shall be sum- 
 moned in the usual manner, and shall return the names of 
 such grand jury into the box ; such drawing shall not 
 exempt them from serving as" grand jurors at the supreme 
 
C54 
 
 JUKIES. 
 
 [PAKT III. 
 
 Chap. 136, 
 
 Foreman of 
 grand jury, how 
 clioBon. 
 
 Petit jurors, 
 how drawn and 
 ffummoned. 
 
 Special jUricf), 
 how obtained ; 
 motion for, 
 wljen to be 
 made. 
 
 How drawn, 
 struck, and 
 summoned. 
 
 Panel to be rei 
 turned. 
 
 Halifax to have 
 two panels ; 
 mode of service. 
 
 court, but they shall not be liable to serve as jurors at the 
 sessions oftener than once in three years. 
 
 27. When above twelve af the grand jury shall assemble 
 in court for the first time in each term, they shall choose a 
 foreman, who shall be foreman of such jury for the term, 
 and such foreman and jury shall be sworn in the usual 
 manner. 
 
 28. At each term of the supreme court the protbono- 
 tary shall, in open court, draw from the petit jury box a 
 number of names to form the panel of petit jurors for the 
 ensuing term, and setting aside the names of all those who 
 shall have served either as grand er petit jurors within two 
 years then next preceding, or who shall then be serving or 
 drawn as grand jurors, shall prepare a list containing the 
 names of those first drawn, and have the same signed by 
 the presiding judge, and shall issue writs of venire facias 
 for the summoning thereof, and deliver the same to the 
 sheriff at least thirty days before the ensuing term ; "and 
 the sheriff shall cause such jurors to be summoned at least 
 four days before the time appointed for their attendance. 
 
 29. In any civil cauSe, information or indictment for a 
 misdemeanor, the court upon motion shall order a special 
 jury for the trial thereof, which motion shall be made within 
 the time limited for the defendant's appearance; but the 
 court may at its discretion, upon sufficient cause shewn, 
 allow such jury at any future^^ay ; and the court may order 
 a special jury for the assessnjent of damages upon motion 
 in cases where the assessment is to be made before them. 
 
 30. When special juries are ordered, the prothonotary 
 shall draw thirty-six names from the petit jury box in civil 
 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 the number having been 
 reduced to eighteen in civil cases, and 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. 
 
 31. There shall be returned a panel of twenty-four 
 jurors to each short term in the country, and two panels of 
 twenty-four jurors each, at each extended term in those^ 
 counties where the term can be so extended ; in Halifax the 
 panel shall consist of thirty-six jurors. ^ 
 
 32. There shall be two panels of jurors drawn and 
 summoned for each sittings alter term at Halifax, the first 
 whereof shall be summoned for and bound to attend on the 
 first Wednesday of such sittings, and thence until the 
 second Wednesday thereof; and the other shall be sum- 
 moned for and bound to attend on the second Wednesday 
 thereof, and thence until the termination of the sittings, 
 except at the Michaelmas sittings, when thfe first panel shall 
 again attend on the third Wednesday for a week ; and the 
 
TITLE XXXVI.]! JURIES. 555 
 
 respective panels shall so continue to attend by alternate Chap. 136. 
 weeks until the termination of the sittings. ~ — *= 
 
 33. There shall be two panels of jurors drawn and sum- Kctou and 
 raoned for the county of Pictou at the October term, and ha^^laohV^ 
 for the county of Cumberland at the June term, the first of f ""^terms'^e'' 
 which panels shall be summoned for and bound to attend speoUveiy. 
 on the first day of the term, and thence until the^ succeeding 
 Monday, and the other shall be summoned for and bound 
 
 to attend on the first Monday of such term, and thence until 
 the termination of the sittings. 
 
 34. A jury impannelled for the trial of a cause which jury impanei- 
 shall go over the the time specified for the attendance oi]^^^^^.!^^ 
 such jury, shall not on that account be discharged. 
 
 35. The whole panel of jurors shall be called on the Paneitobeostii- 
 first day on which they are bound to attend, and before any ^^ on the Brat 
 cause to be tried by a jury shall be proceeded in, and all rSto be fined' 
 jurors not then in attendance shall be fined. 
 
 36. When the second panel shall not- have been called s^,™"'' P,*°f,V 
 
 . 1^ . 1 Ti 1 1 • when not caU- 
 
 upon to serve as a lury, their names shall be returned mto ed.tobaretum. 
 
 ,1 1 -n , T ed as not made. 
 
 the boxes as it not drawn. 
 
 37. If a suflScient number of grand or petit jurors do Names of jurors 
 not attend, or if it is probable that a sufficient number may to be returned 
 not attend, the names of those who do not attend shall be others to be*"* 
 returned to the box as if they had not been drawn, and the summoned 
 
 1 T 11 1 1 PI I'll forthwith. 
 
 pronothonotary shall draw the names of others liable to 
 serve, and shall cause the sheriff immediately to summon 
 those whose names have been so drawn to attend forth- 
 with. 
 
 38. Any grand juror who, having been duly summoned, Grand jurors 
 shall not attend, shall be fined not less than^pn nor more attendance. 
 than forty shillings for each day's neglect. ^ 
 
 39. All fines for non-attendance of jurors shall be levied ^^''.^^o^^^'^.E, 
 by warrant of distress ; such warra'nt shall be made out and and to whom 
 delivered by the prothonotary to the sherifi", immediately ^^^^ 
 
 after the calling of the jury each day, 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 ten per cent., and the 
 
 prothonotary shall immediately lay such statement before 
 
 the couTt, if then sitting, or otherwise at the next term 
 
 thereof in the county ; and he shall also at the end of each , 
 
 term pay over the amount of fines collected, deducting five * 
 
 per cent., to the county treasurer for county purposes, and 
 
 shall take his receipt therefor, which shall be laid before 
 
 the court at its next sitting. 
 
 40. Every petit or special jury, for the trial of civil ^^["^^'^^""ggY 
 causes, inquisitions, and issues, shall consist of nine persons, 
 
 of whom seven, after at least four hours deliberation, may 
 
556 
 
 JURIES. 
 
 [part III. 
 
 Jurors not to be 
 depriTed of 
 food, &c. 
 
 Pay of jurorB. 
 
 List of jurors to 
 be prepared, 
 wftn their at- 
 tendance and 
 travel ; to be 
 paid out of 
 county funds. 
 
 Chap. 136. return a verdict; and the petit jury for criminal trials shall 
 consist of twelve persons who must be unanimous in their 
 verdict. 
 
 41. The practice of keeping a jury without meat, drink, 
 or any other comfort until they agree upon their verdict 
 is abolished. 
 
 42. Each petit and special juror shall be entitled to re- 
 'ceive and be paid the sum of two shillings and sixpence per 
 day, for his actual attendance as a juror at the supreme 
 court, and also six pence per mile for every mile he shall 
 necessarily travel from his place of residence to the court 
 house ; such actual attendance and distance to be ascer' 
 tained by the oath of the juror. ■ 
 
 43. The prothonotary in each county shall, on the last 
 day of the sittings of the supreme court in each term, and of 
 the sittings of such court in Halifax, and also, at the 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 re- 
 spectively, and the amount to which each juror is entitled, 
 and shall deliver such list to the presiding judge, who shall 
 certify the same ; and the treasurer shall forthwith there- 
 upon pay, out of the county funds, to each juror, the 
 amount which such juror appears entitled to receive, upon 
 such list. 
 
 44. To provide a fiind 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, vi^: on the issuing of writ of mesne pro- 
 cess, except^i summary and subsummary suits, two shil- 
 lings and six pence, and on the swearing of every jury, 
 thirty shillings ; the above fees' to be taxed and allowed, 
 and included in the costs in the cause. 
 
 45. Any petit or special juror who shall not answer to 
 his name, when called, shall forfeit his day's pay, and for each 
 day's absence, shall pay a fine of ten shillings, to be col- 
 lected as follows: the judge, on the sheriff's affidavit, that 
 the juror was duly summoned to attend the court, shall, on 
 the last day of the term or sittings, unless such juror shall 
 have been previously excused, order an execution to be 
 issued for the amount of the fines, in the name of the pro- 
 thonotary, who shall have the same collected immediately 
 and shall pay the same into the county treasury, and the 
 prothonotary shall have a commission of five per cent., and 
 the sheriff ten per cent, on the amount so collected. 
 
 46. The county treasurer shall keep an account of all 
 ments.*"*^ ^°'^" receipts and payments under the two last sections, such ac- 
 count to be laid before the sessions with his other accounts. 
 
 Jurors, how re- 47. The court or presiding judge may relieve any juror 
 finls.*^ '^'"" from such fine, in whole or in part, on sufficient reason 
 
 Fund to be 
 raised by fees. 
 
 Fines, and 
 mode of eoUoo- 
 tiou. 
 
 Accounts of re- 
 
TITLE XXXVI.] JUEIES. 557 
 
 being shewn on oath, which, if in writing, may be made Chap. 136, 
 before a justice of the peace. 
 
 48. Talesmen shall be entitled to receive one shilling Pay of taies- 
 and three pence on giving a verdict on the trial of civil ™™' 
 causes, inquisitions and issues ; such sum to be paid 
 
 by the prothonotary out of the thirty shillings paid in by 
 the plaintiff in the cause in which such talesmen were 
 awarded and ijeturned. 
 
 49. In all criminal trials four iurors mav be peremp- challenge on 
 
 J. -1 1. n J j.i_ i ^ ii part of crown. 
 
 torily challenged on the part ot the crown. 
 
 50. In case. of the illness of a juror after he shall have Proceedinga in 
 been sworn in any civil cause, it shall be in the discretion j'uroJ."^** °^ 
 of the presiding judge to allow the cause to proceed with- 
 out him ; aiid the verdict shall be valid, provided seven iof 
 
 the remaining jurors shall concur therein. 
 
 51. The court or presiding judge may amend the lists Amendment of 
 of jurors by striking out the names of persons not liable to ^^wed!'^'' ^™" 
 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. 
 
 52. The prothonotary shall cause the names of the spe- Special jury, 
 cial jurors to be written on distinct and similar pieces of oaiYed'on'tria". 
 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. 
 
 53. The prothonotarv shall cause the names of the petit Petit juries, 
 
 i 1 -ii I- i- J. J • •^ ■ „c how drawn and 
 
 jurors to be written on distinct and similar pieces oi paper, called on trial. 
 
 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 therpfrom, 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 prothonotary 
 
 having returned into the box the names of those who have 
 
 been challenged, or who have not appeared, shall proceed 
 
 to draw the jury therefrom until all the names have been 
 
 drawn, when the names of such as have served on previous 
 
 juries shall be returned to the box, to be drawn in like 
 
 manner. 
 
 54. When a full jury shall not appear, or appearing, Taies_ may be 
 shall be challenged or otherwise prove deficient, a tales de either party. 
 circumstantibus shall at the instance of either party be 
 awarded and returned immediately. 
 
558 
 
 INSOLVENT DEBTORS. 
 
 [PAET iir. 
 
 ■ > 
 
 Chap. 137. 55. In all cml causes, informations, and indictments for 
 misdemeanors, either party may peremptorily challenge, if 
 in Halifax four, if in any other county three, of the jurors 
 or talesmen. 
 
 ;/56. The duties ■ imposed by this chapter on the protho- 
 iiotary shall be performed by the clerk of the peace where 
 necessarily devolving on him. 
 
 5-7. Sections thirty-one, forty, forty-one, f#rty-two, forty- 
 three, forty-four, forty-five, fdriy-six, forty-eight, forty-irine 
 and fifty, shall rem9,in in force' until the first day of June, 
 1859, and from thence to the end of the then next session 
 of the general assembly. 
 
 ChaUenges 
 without cause 
 allowed. 
 
 Duties of pro- 
 thonotary to be 
 porformed by 
 clerk of peace 
 in certain cases. 
 Duration of 
 sections/ 
 
 SCHEDULE A. 
 
 County of . 
 
 Tlie return of revising magistrates, of persons qualified to 
 serve as granci, or petii jurors. 
 
 Trade, calling, 
 or employment. 
 
 Township or 
 settlement. 
 
 Cljristian and surname at 
 
 rail length, and whether 
 
 senior or junior. 
 
 Appellation— by. ^ 
 wnioh known; ; ;f 
 
 CHAPTER 137. 
 
 OF THE BELIEF OF INSOLVENT DEBTORS. 
 
 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 costs, 
 issuing. out of the supreme court, shall desire to take the 
 benefit of this chapter, he shall exhibit a petition to a judge 
 of the supreme court, or to two commissioners, praying fo-r 
 his discharge. The petition shall be accompanied by a 
 schedule of all the property, real and personal, of the debtor, 
 of all debts due or growing due to him, and of all securities 
 by him held, which might by any possibility be made avail- 
 able, or which might become assets in the hands of his 
 representatives, and also, so far as the same can be obtained 
 
TitLE XXXVI.] INSOLVENT DEBTORS. 559 
 
 by the debtor, a statement showing the amount of his Chah. 137. 
 liabilities. ~ 
 
 3. The judge or comm^issioners shall thereupon forth- Summonsthere- 
 with issue a summons caUing upon the creditor, at whose "^™ " "^'*°" 
 suit the debtor is imprisoned, at a certain time of place to 
 
 be therein named, to show cause why such prisoner should 
 not be discharged. 
 
 4. True copies of the summons and schedule shall be Copy of sum- 
 served on the creditor, his attorney or agent, or where a dX^how^s^ir-' 
 debtor is imprisoned at the suit of the crown, on the attorney Jatc o*fTe*rTice' 
 general, at least forty-eight hours before the time appointed tm return to be 
 
 ? 1 • J 1. j.1. j'i !,• ■ J.J. propc rtioned to 
 
 for shewmg cause ; and where the creditor, his attorney or aistanoe. 
 agent, or the attorney general, shall reside more than twenty 
 miles from the place so appointed, twenty-four hours addi- 
 tional 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 
 administered by a justice of the peace, and a further time 
 may be allowed for the examination, in the discretion of the 
 judge or commissioners, where the creditor himself has not 
 been served. 
 
 5. At the time appointed the judge or commissioners Oath to be ad- 
 shall, if desired by the creditor, administer an oath to the prisoner if re- 
 debtor in the following form : quired. 
 
 '■' I, A. B., do swear that I will true answer make to all 
 such questions as shall be asked me on this examination." 
 
 6. The judge or commissioner shall give an order for Order for ais- 
 the discharge of the debtor, unless in the cases hereafter sigBment made 
 provided for, upon the debtor's making an assignment to the fo°rm°of'oath™' 
 creditor, in trust for the payment of the debt, of his real «°°fe^8ion may 
 and personal property, upon his taking and subscribing an ease of mesne 
 oath to the following effect : prooeei. 
 
 "I, A. B., do swear that the schedule annexed to my peti- 
 tion 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 wearing apparel and bedding for me and my family, and 
 the tools or instruments of my trade or calling, not exceed- 
 ing ten pounds in the whole ; and that I have not since my 
 imprisonment or before, conveyed in trust for myself, or 
 otherwise except as in such schedule mentioned, any part 
 of my property whereby to defraud any of my creditors. 
 So help me God." 
 
 The taking of which oath maybe 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 therefor, and shall do such other acts as the judge 
 or commissioner shall direct. .♦ _ Debtors at the 
 
 7. When a debtor is imprisoned at the suit of the crown s»it of the 
 and the judge or commissioners ara satisfied of the insol- cLajged."'' '*" 
 
560 INSOLVENT DEBT0E3. [PART III. 
 
 Chap. 137. vency of such debtor, he or they shall certify the same, 
 to get her with an iuventory of all the property of the debtor, 
 and the governor may thereupon by warrant under his 
 hand and^eal, order the attorney general to assent on be- 
 half of her majesty to the discharge of the insolvent, either 
 with or without an assignmnet of his property, 
 beremanded'on ^' ^^ *^® Creditor, or in his absence his attorney or 
 affldarit. agent, shall forthwith, in the presence of the judge or com- 
 
 missioners, make an affidavit in writing, stating that he has 
 good reason to be dissatisfied with the acce«nt given, and 
 believes that the debtor has not disclosed the whole truth, 
 or has other property than that by him admitted, the judge 
 or commissioner shall remand the debtor, and appoint 
 another day for the further hearing of the matter, and shall 
 on that day again meet and discharge or remand the debtor, 
 or make such further order as the justice of the case may 
 require. 
 In cases of 9. When upon the examination of the debtor, or of any 
 
 may ilroman- witnesses that may be produced on either side, and which 
 notexoeeS.ing'^ wituessos shall be bound to attend on subpoena as in actions 
 one year. depending in the supreme court, the dfebt shall appear to 
 have been fraudulently contracted, or any fraudulent cir- 
 cumstances have occurred in respect of such debt, or in 
 respect of the delay of payment thereof, or in respect of 
 the conduct of the debtor with regard to the disposition of 
 his property, the judge or commissioner may remand the 
 debtor for such time, under one year, as he or they shall 
 deem proper under the circumstances, at the end of which 
 time the debtor shall be discharged on making the affidavit 
 and assignment of his property before a judge or any two 
 commissioners. 
 Two justices, 10. Where the debtor is imprisoned under a capias or 
 easeof prooes" execution issuod by a justice or justices of the peace, any 
 •ustioS "court *^° justices shall possess the same powers in respect to the 
 
 relief of insolvent debtors as a judge. 
 *Appeaitobe 11. In cases where the hearing shall be had before com- 
 partyf *''^^' missioners or justices of the peace, the debtor shall be en- 
 titled 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 there- 
 in, or to that efiect, the commissioners or justices shall grant 
 such appeal and remand the debtor. 
 Supreme court, 12. The Supreme court shall be the court of appeal if it 
 or a'apMiaYsee- ^^^^^ ^® sitting within the Same county at the time the order 
 gions, to be the appealed from was made, or if such sitting shall be held 
 appea . ^j^jji^ ^^^ ^^^yg from ^he 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 pre- 
 sent, then a special sessions of the peace shall be the court 
 
TITLE XXXVII.] WEIT OP DOWER. 561 
 
 of appeal. The special sessions shall be summoned by the Chap. 138 
 
 prothonotary and 'be held within three days, and shall, con- 
 
 sist of any three justices of such county not concerned in 
 the making of* the order, the custos to be one in all cases 
 where he shall not have been concerned, absent from the 
 county or incapacitated by illness from attending. 
 
 13. The court of appeal shall hear and determine such Powers of the 
 appeal, and make such orders therein from time to time as *"""■' "^ ^-ppeai. 
 it shall deem proper, such orders being not inconsistent 
 
 with this*chapter. 
 
 14. The judge, commissioners, justices, and court of Pape" to be re- 
 appeal, shall return to th^npreme court of the county all sSprame'court. 
 the papers connected wit^Bieir proceedings on such appli- 
 cations and appeals. ""Ji " 
 
 15. Upon receiving an order to that effect from the dfs'2»?gedby 
 judge, commissioners, justices or court of appeal, the ofiScer order. 
 
 in whose custody such prisoner shall be, shall discharge 
 him therefrom as regards the suit expressed in the order. 
 
 16. Where any person shall be^ischarged under the Property sub- 
 
 • • i? it,- ■^1- i. ii J. u 4.1 sequently ao- 
 
 provisions oi this chapter, the property subsequently ac- gmred liable 
 quired by him may nevertheless be levied upon for tiie ""'®'^®''*- 
 debt. 
 
 17. When any person shall be disharged under the pro- sheriff's fee«, 
 visions in this chapter, the party at whose suit he has been therefor on a 
 committed to jail, or in case of his absence from the pro- "I'sobarge. 
 vince his attorney, shall be liable to pay the sheriff his fees 
 
 for the service return and travel necessary in serving the 
 process. 
 
 TITLE XXXVII. 
 
 OF ACTIONS RELATING TO REAL PROPERTY. 
 
 CHAPTER 138. 
 
 OF THE WEIT OP DOWEE. 
 
 1. When the heir or other person having the freehold, widow entitled 
 shall not within one month next after demand made, assign when not aa-"^' 
 to the widow her reasonable dower, she may sue for and ^jfe^^oShatier 
 recover the same by writ of dower. demand. 
 
 2. The writ of dower shall be, as near as may be, in the writ to be ia 
 
 /. 1 , p J the form here.- 
 
 lorm heretofore used* _ . _ tofore used. 
 
 3. Upon judgment being given for the widow, reason- Damage may 
 able' damages shall be assigned to her from the time of the w1thhifdUii5°' 
 demand made. ^°''"- 
 
562 PAETITION OP LANDS. [PAET III. 
 
 Chap. 139 . 4_ Writs of seisin thereon shall be, as near as may be, in 
 
 Form of writ of the forms heretofore used. 
 
 Bower how set ^- The ofScer to whom the Writ, is directed shall cause 
 
 forth. ' the dower to be set forth by five freeholders' of the neigh- 
 
 borhood, three of whom at least shall 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. 
 
 Of special en- 6. Where no division can be made by metes or bounds, 
 
 where property the widow shall ^6 endowed in a special manner as of a 
 
 indivisible. ^jj;j.jj ^^^^ ^f ^.j^g j.g^^g ^^ Otherwise. 
 
 Waste not to he 7. A woman endowed of landg shall not commit or suf- 
 
 suffered.^'' " ffiJ" waste thereon, but shall ma^tein the buildings with the 
 
 fences and appurtenances fti gdiftr repair, during her term. 
 
 /chapter 139. 
 
 OF THE PARTITION OF LANDS. 
 
 Partition may 1- ^ persons holding lands as joint tenants, coparce- 
 be as at com- ners Or tenants in common, mSy be compelled to divide 
 der this chap- ' 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, 
 
 Proceedings to J . . , ^ x ^ ii ° j. 
 
 beoommeneed may apply, by petition to the supreme court tor the county 
 
 Xreme oourt,j 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 of 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. 
 
 Petition, by 3. Such petition may be maintained by any person who 
 
 toined™""'" ^^^ ^D estate in possession, but not by one who is entitled 
 
 only to a remainder or reversion. 
 
 Who may main- 4; No tenant for any term of years, unless twenty j^ears 
 
 am pe i ion. ■^jjgj.eof at the least remain unexpired, shall maintain such a 
 
 petition against any tenant of the freehold ; but when two 
 
 or more persons hold jointly or in common, as tenants for 
 
 • any term of years, either of them may have his share set off 
 
 and divided from the others in the same manner as if they 
 
 . had all been tenants of the freehold. 
 
 Duration of 5. Such partition between two or more tenants for 
 
 fween'te'liant^s*'' years shall continue in force only so long as their estates 
 
 (br years. eudure, and shall not affect the premises when they revert 
 
 to the respective landlord^ or reversioners. 
 Contents of po- g. Every petition for a partition shall set forth the rights 
 ments'to'beail and titles, SO far as known to the petitioner, of all 'persons 
 Jtage*! "^* "'"'^ interested in the premises who would be bound, by the 
 
TITLE XXXVII.] PARTITION OF LANDS. 563 
 
 petition, whether they have an estate of' inheritance, or for Chap. 139. 
 
 life, or years, and whether it be an estate in possession or "■ "- — 
 
 in remainder or reversion, and whether vested or contin- 
 gent ; and if the petitioner holds an estate for life or years, 
 the person entitled to the remainder or reversion after his 
 estate shall be considered as one of the persons so inter- 
 ested, and shall be entitled to notice accordingly; such 
 petition or any subsequent proceeding had thereon may bo 
 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 Petition to be 
 declaration, and a summons to appear and answer thereto monsto^?ssua 
 shall be signed by the prothonotary, and a copy thereof with w°"a oopFof 
 a copy of such petition, accompanied by a rule to plead and J'o"i^°rt' £"^® 
 the usual notices,, shall be served on each of the parties as fr it Were 'a 
 named in the petition as interested in the premises, if they shall "^^^i^^'^o"- 
 be found within the province, the like number of days before 
 
 the sitting of the court. as is reqiiired in declaration suits. 
 
 8. If any of the. persons so named as interested are Proceedings 
 absent from the province, or if there are persons interested parties^aS'ab. 
 in the premises and who would be bound by the partition *^"*' *"• 
 whose names are unknown to the petitioner, the court or a 
 
 judge thereof shall order notice to be given to the persons 
 iiiterested who ar6 so absent or unknown, by a publication 
 of the petition or of the siibstance thereof, with the oi'der 
 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 petition 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,. WEere a party 
 and if the service of the summons or other notice to him t^'i couS'may 
 shall appear to the cOurt to have been insufScient, the court "o^foe^"'^'''^' 
 or a judge may order such further notice as shall be thought 
 
 proper. 
 
 10. If in any stage of the proceedings it shall appear to. Proeeedinga- 
 the court that any person interested, whether named in the pS'that a 
 petition or not, is out of the province, and has not oppor- E'rovTn'S'ha*'' 
 tunity to appear and answer to the suit, it shall be con- not had an op- 
 tinned from term to term, until sufficient time has been peLi'ng.''° ^^'^ 
 .allowed to enable hini to appear and answer thereto. 
 
 11. The court or a judge may assign a guardian for the jsnardians may 
 
 ., .„ ■ r X • • 1? • • i X J • j.\. Reappointed. 
 
 suit for any mfant or insane person who is interested in the 
 premises, in the same manner as a guardian is admitted for 
 an infant plaintirf or defendant at common law. 
 
 12. Any person interested in the premises of which par- Defendants 
 tition is prayed for, may appear and answer to the petition, jSSitiy'JT^sepa. 
 and may plead either separately or jointly with any other piea^'ng?,&c., 
 defendants, any matter tending to show that the petitioner ?>»yi'6fla<i as 
 ought not to have partition as prayed for, either in whole 
 
 or in part ; and the replication and further pleadings shall 
 36 
 
664 PARTITION OP LANDS. [PAET Illi 
 
 Chap. 139. be conducted as in other actions until issue is joined, which 
 
 shall be tried and determined as in other cases j all such plead- 
 
 dings to be filed and served in the same way as the pleadings 
 
 in declaration suits, and notices of trial to be given in like 
 
 flianner. 
 
 Replication 13. If any person who is not named in the petition 
 
 righuS appear shall appear and plead as a defendant, the petitioner may 
 
 "°Vt'T fsply that such person has no estate or interest in the lands. 
 
 described in the petition, and may pray judgment if he shall 
 
 be admitted to object to the petition ; and the petitioner 
 
 may in the same replication plead over in answer to such 
 
 plea any other matter in like manner as he might have done 
 
 if he had not disputed the defendant's right to appear. 
 
 Proceedings 14. If upou such a replication it shall appear that the 
 
 thereon. defendant has no estate or interest in the lands, the matter 
 
 of his plea or objection shall be no further inquired of. 
 Colte of trial, 15. If upoD the trial of any issue of law or of fact it 
 how regulated. gjj^|j ^ppg^^ i}^g^^ the petitioner is entitled to have partition 
 
 as prayed for, he shall recover his costs of such trial agailist 
 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 notwith- 
 standing 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. 
 iprocedingsin 16. If the defendant shall make default. Or if upon such 
 •JSiefor^partt'' trial it shall appear that the petitioner is entitled to havd 
 ttion thereon, partition, whether for the share or proportion claimed in his 
 petition of 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. 
 {Commiaeioners 1"?. When such rule shall have passed the court shall ap^ 
 iSffi'^rtiSon point three disinterested persons as commissioners, to make 
 .under rule. ;partition and to set off to the petitioners the shares belonging 
 to them, which shall be expressed in the rule in that behalfl 
 Petitioners 1'8. If there are several petitioners they may have their 
 
 ^t«^''^^toff'' shares set off together, or the share of each one may be set 
 jointly or sepa- off in Severalty at their election. 
 
 -cTommisaioners, l'^. The Commissioners, before proceeding to the execu* 
 ihow sworn. tioil of their duties, shall be sworn before any justice, faith- 
 fully and impartially to perform the same ; a certificate of 
 which oath shall be made on the warrantby the person who 
 administered it. 
 ■toSve tS' 20. The commissioners shall give sufiicient notice of 
 piJfo/^rti- '^^^ timeaBd place appointed for making the partitiott to all 
 won. persons interested therein, who are known and within the 
 
 province, that they may be present if they see fit. 
 'I'fflionMs shall" ^^' 'I'li®*^^®® commissioners shall meet for the perform- 
 meet, but the ance of any of iheir duties, but the acts of any two of them 
 .aotsoftwoto „i,„n u« .,T..i;j 
 
22. When the premises of which jpartition is demanded, Chap. 139. 
 are such as cannot be divided Without damage to the partition, how 
 o"wners, or when any specific part of the estate is of greater effected where 
 value than either party's share, and cannot be divided with- cannot weii be 
 out damage to the oWnersj the whole estate, or the part "*'''"'*"^' 
 thereof so incapable of aivision, may be set off to any one 
 
 of the parties who will accept it, he paying or securing to 
 any one or more of the others, such snms of money as the 
 commissioners shall award, to make th^ 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 theit satisfaction. 
 
 23. In the case mentioned in the preceding section, the samo suhject. 
 commissioners instead of setting off the premises, or a part 
 thereof, in the manner therein provided, may astslgn the 
 exclusive occupancy and etyoyment of the Whole or the 
 
 part, as the case may be, to each of tti^ parties alternately, 
 for certain specified times, in proportion to their respective 
 interests therein.. 
 
 24. When the whole or any specific pEir't of the premises Tenant liaWe 
 is assigned in the manner provided in the preceding section, where^he'haT* 
 the person entitled for the titee being to the exclusive occu- '"e exoinaiv* 
 pancy, shall be liable to his co-tenants for any injury to the """"p*^""^' 
 premises occasioned by his misconduct, in like manner and 
 
 to the like extent as a tenant for years under a com- 
 mon lease without express covenants would be to his 
 landlord ; and the other tenants in common may have their 
 femedy therefor against him by action on the case, either 
 jointly or severally at their election. 
 
 25. Whilst any estate is in the exclusive occupancy of Liabilities isr 
 any co-tenant under such an assignment as before mentioned, ocoupanoy by 
 he shall be entitled to the same remedy against any person oommon"' '" 
 who shall trespass upon or otherwise injure the premises 
 
 as if he held the same under a lease for the same term for 
 which they were so assigniSd to' Jiim ; and he and all the 
 other tenants in common shall also be entitled to recover 
 against the wrong doer such other and further damages as 
 they shall have sustained by the same trespass or injury, in 
 iike manner as if the premises had been leased by them fot' 
 such term ; and all joint damages recovered by any such 
 tenants in common, by force of this or the preceding sec- 
 tion, shall be apportioned and divided among them, accord- 
 ing to their respective rights, by the court in which the 
 j'lidgtheht is recovered. 
 
 26. The commissioners shall make a return of their pro- comiaisaioners' 
 ceedings under their hands, together with their warrant, to Sr&r'conEr. 
 the court, and if their proceedings are confirmed by the ™urt™^^en° 
 court, judgment shall be thereupon rendered that the par- "o'^f^e'i '« '"? 
 tition so made be final; and the. return shall then be filed, tereii?" '*^*' 
 and a certified copy thereof by recorded, in the registry of 
 
 deeds in the county where the lands lie. 
 
566 
 
 PAETlTrON OF LANDS, 
 
 [PAKT III, 
 
 Chap. 139. 
 
 yReturn may be 
 / set aside and 
 new proceed- 
 ings nad. 
 
 Final judgmeDt 
 upon wliom 
 conclusive. 
 
 Part owners ab- 
 sent from the 
 province, for 
 whom a share 
 was left, may 
 apply within 
 three years for 
 a new partition. 
 
 ' Court may, if 
 justice requiro- 
 it, order anew 
 partition. 
 
 Commissioners 
 duty on such 
 new partition. 
 
 Improyements 
 to DO consider- 
 ed in new par- 
 tition, and pro- 
 eoediings in 
 sucJi case. 
 
 Persons not 
 parties to the 
 partition claim- 
 ing to hold the 
 premises' in se- 
 veralty, not 
 bound by the 
 judgment, but 
 may take pro- 
 ceedings as in 
 oUier cases. 
 
 27. The court for any sufficient reason shewn may set 
 aside the return and commit the case anew to the same or 
 to other commissioners to be appointed, whereupon the 
 same proceedings shall be had as above directed. 
 
 28. The final judgment confirming and establishing the 
 partition shall be conclusive as to all rights, both of pro- 
 perty and possession, of all parties and privies to the judg- 
 ment, including all persons who might by law have appeared 
 and answered to the petition, except as is hereafter provided. 
 
 29. If any perstin who was a part owner with the peti- 
 tioners, and for whom a share is left upon the partition, 
 should be out of the province when the summons or notice 
 to him is served, and should not return in time to appear 
 and answer to the suit, he may, at any time within three 
 years after the final judgment, apply to the court for a new 
 partition of the premises. 
 
 30. If upon such an application, and after hearing of all 
 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. 
 
 31. In such new partition the commissioners shall not 
 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, estimating 
 the whole as in the state in which it was when first divided ; 
 or if an equal partition of the lands cannot be made with- 
 out inconvenience to the owners, the commissioners niay 
 award money to be paid by one party to another as before 
 provided, to equalize the shares. 
 
 32. If after the first partition, any improvement shall 
 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 improvemeints, he shall be entitled to com- 
 pensation therefor, to be estimated and awarded by the 
 commissioners, and to be paid by the party to whom such 
 part of the premises shall be assigned on the new partition ; 
 and the court may order execution therefor in the usual 
 form. . 
 
 33. If any person who has not appeared and answered 
 to the petition for partition, shall claim to hold in severalty 
 the premises therein mentioned, or any part thereof, he shall 
 not be concluded by the judgment for partition, but may 
 bring his action for the land claimed by him against any or 
 all of the petitioners or defendants, or of the persons hold- 
 ing 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. 
 
"TITLE XSXVII.] PAETITIO^r OF LAITOS. 567 
 
 34. When any person who has not appeared and answer- Chap. 139. 
 ed to the petition shall claim the share that was assigned to, a person not 
 or left for any of the supposed part owners in the iudgment aTOsarmg, but 
 for partition, he shall be concluded by the judgment so far share assigned 
 as it respects the partition and the assignment of the shares, ^aiF be' bound.' 
 in like manner as if he had been a party to that suit ; but he ?/ "\f ?*''''■ 
 
 ici-'i- • f» tion, but may 
 
 shall not be prevented thereby from brmgmg his action tor have an action 
 the share claimed by him against the person to whom it ""^ 
 was assigned, or for whom it was left. 
 
 35. The action in such case shall be brought against the Action in such 
 tenant in possession, in like manner as if the plaintiff had a|ll'nstwiiom 
 originally claimed the specific piece of land demanded, brought. • 
 instead of an undivided part of the whole land; aiid it may 
 
 be brought within the same time in which it might have 
 been brought if no such judgment for partition had been 
 rendered. 
 
 36. If two or more persons appear as defendants claim- Proceedings 
 ing the same share of the premises to be divided, it shall ^nToiLTm^he 
 not be necessary to decide upon their respective claims, ex- fo^^^ivf/ioa^" 
 cept only for the purpose of determining which of them 
 
 shall be admitted to appear and plead in the suit ; and if 
 partition is made, the share so claimed shall be left for 
 whichever of the parties shall prove to be entitled to it, 
 in a suit to be thereafter brought between themselves. 
 \ 37. If in such a case it fshall be decided in the original The defendant 
 sHiit for partition, upon the replication of the petitioners or jmigmonToiT 
 otherwise, that either of the defendants is not entitled to i'ti^.^^^^^^ltuJl 
 share that he claims, he shall be concluded by the judgment |^^P^f '^^<Jf^ 
 so far as it respects the partition and the assignment of the subsequently 
 sliares; but he shall not be prevented thereby from bring- rivhf^l?£the 
 ing his action for the share claimed by him against the other o'lier. 
 claimant thereof, in the manner provided in the three pre- 
 ceding sections. 
 
 38. If any person who has not appeared and answered Rightsofa par- 
 as above, shall claim any part of the premises mentioned in ing°wherethr' 
 the, petition, as a part owner with those who were parties 'j^''^^^''^ " „ ai-' 
 to that suit, or any of them, and if the part or share so iowM,^howfar 
 claimed was not known o^r not allowed and left for him in partition judg- 
 the process for partition, 'he shall be concluded by the '"<=°'- 
 judgment so far as it respects the partition; but he shall not 
 
 be prevented thereby from bringing an action for'the share 
 or proportion claimed by him, against each of the persons 
 who shall hold any part of the premises under the judgment 
 for partition. 
 
 39. If the plaintiff shall prevail in the case last men- Redress in suoii 
 tioned he shall not be entitled to demand a new partition of against whom 
 the whole premises, but he shall recover against each of the obtained. 
 persons holding under the judgment for partition, the same 
 proportion or share of the part held by him that the plain- 
 tiff was entitled to out of the whole premises before the 
 partition thereof- 
 
568 
 
 PARTnrON OF ZASm- 
 
 [part hj. 
 
 Chap. 139. 
 
 Rights of heir 
 or devisee 
 where, after 
 partition, it ' 
 shall appear 
 ' that tlie ances- 
 tor or testator 
 died before par- 
 tition, bow af- 
 fected. 
 
 Remedy where 
 a party is evict- 
 ed b^ a person 
 having a para- 
 mount title. 
 
 lien by mort- 
 gage or attach- 
 ment, how af- 
 fected by the 
 judgment. 
 
 Suit not to 
 abate for the 
 ^oath of a party 
 named on a 
 partition. 
 
 Expenses of 
 commissioners 
 to be allowed, 
 and costs to be 
 taxed, as in 
 other cases. 
 
 Titles under a 
 jud^ent of 
 partition, how 
 oonsidered. 
 
 Orders of a sin- 
 gle judge liable 
 io be rescinded 
 or alter-ed. 
 
 40. If after making of partition it shall appear that any 
 person for whom a share was left or to whom a share was; 
 assigned, had died before such partition was made, the heir 
 or devisee of such deceased persoa shall not by reason of 
 such heir or devisee having been a party to the smit, either 
 as a petitioner or as a defendant, be barred from claiming 
 the share that belonged to the deceased person ; but th& 
 heir or devisee in such case shall have the same rights 
 and the same remedies in all respects as if sHch heir or de- 
 visee had not been a party to the srait, and had not notice of 
 the pendency thereof. 
 
 41. If any person to, or for whom any share shall have 
 been assigned or left npon 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. 
 
 42. Any person having a mortgage, attachment, or other 
 Hen upon the share of any part owner, shall be concluded 
 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. 
 
 43. In the case of the death of any party in a petition 
 for partition, the suit need not abate, b^it may be conducted 
 and prosecuted to final indgment,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. 
 
 44. The expenses and charge 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 manner, 
 and the whole shall be paid by the parties in proportion to 
 their respective shares or interests in the premises, except 
 only the cost of a trial of any issue joined in the case, as to 
 which a different provision is before made. 
 
 45. Every person holding any lands under a partition 
 made by virtue of this chapter shall be considered as hold- 
 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. 
 
 46. Every order made in pursuance of this chapter by 
 a single judge, not sitting in open court, shall be liable to 
 be rescinded or altered by the court in like manner as othey 
 orders, , 
 
TITLE XXXVni.] FOECIBLE ENTRY AND DETAINER. 569 
 
 Chap. 14Q 
 CHAPTER 140. 
 
 OP FORCIBLE ENTRY AND DETAINER. 
 
 1. In cases of wrongful and forcible entry into lands, Warrants may 
 and in cases of wrongful detainer, or withholding with force forcfbie e*?/ 
 after possession demanded, and also when the lessee or sub- *S^ pany°to'be 
 lessee shall illegally hold possession after the determination held to bail, &o. 
 of the lease and demand of possession, any two justices 
 
 residing in the town or place wherein the lands lie, on com- 
 plaint on oath being made, may by warrant cause the per- 
 son so in possession to be arrested, and detained in custody 
 until he find security for his appearance to answer such 
 complaint, at the next term of the supreme court in the 
 county, and to pay the costs of the proceedings if adjudged 
 against him. 
 
 2. No such warrant shall issue where the party com- in what eases a 
 plained of or the person under whom he claims has been ™™n'™»yi« 
 in quiet possession for three years next before the filing of 
 
 the complaint, unless in cases of tenancy where the same 
 has terminated. 
 
 3. Such complaint shall be tried in a summary way, and complaint to be 
 if proved to the satisfaction of the court, a writ of posses- tr^™°'" ^ 
 sion -shall issue, and the party complaining be put in posses- possession, 
 sion of the land and premises within ten days thereafter, "hen to be 
 The court shall have power, at the same time, to award 
 damages for such forcible entry, and, in case of a tenant 
 overholding, treble rent, at the rate previohsly paid ; but iJamages. 
 the court may, if they think fit, order that the cause may 
 
 be tried, or the rent or damages assessed by a jury. 
 
 % 4. When any house or tenement is let by the year, three Notice to quit, 
 
 months notice to quit, and when by the month one month's JieSt. ° * ^"^" 
 
 notice, and when by the week one week's notice, shall be 
 
 given to the tenant in possession. 
 
 TITLE XXXVlll. 
 
 OF PROCEEDINGS IX SPECIAL CASE5. 
 
 CHAPTER 141. 
 
 OP SUITS AGAINST ABSENT OR ABSCONDING DEBTORS. 
 
 > 1. Writs of summons and attachment for the sum of five H^fi*' "L^"? 
 
 ' , muua oiiiu at- 
 
 pounds and upwards may be sued out against any debtor taohment may 
 absconding or absent out of the province. , upwa^s. 
 
570 
 
 ABSENT OB ABSCONDING DEBTORS. [PAET m. 
 
 Chap. 14 1. 
 
 Affldarit, its 
 contents, how 
 swprn ; declara- 
 tion, when to be 
 filed j how ser- 
 ved. 
 
 T?rit, how en 
 dorsed. 
 
 Levy, for what 
 amount, to in- 
 clude costs. 
 
 Goods in agent's 
 hands bound by 
 service of pro- 
 
 Goods exhibit- 
 ed to be apprai- 
 sed before levy 
 
 Perishable ' 
 goods may be 
 sold by order of 
 a judge, &c., un- 
 less security for 
 their value be 
 given. 
 
 A person inter- 
 ested as subse- 
 quent attacher 
 or otlierwise, 
 '^mayeontedt the 
 attachment. 
 
 Such attach- 
 ment may be 
 attacked upon 
 .affidavit motion 
 and rule. 
 
 2. The party applj'ing for such writ, or his agent, shall 
 make afSdavit in the usual form for holding a party to bail, 
 which shall also state that the ■ defendant is an absent or 
 absconding debtor, and that the deponent verily believes 
 that the person, if any, about to be summoned, is the ageiit 
 or trustee of the defendant, or that he hath goods or credits 
 of such defendant in his possession or under his control ; 
 which affidavit shall be made before a judge or commis- 
 sioner, or in their absence before a justice -of the peace, and 
 in declaration cases the declaration shall be filed on or 
 before the first day of the tenn, and copies of the writ and 
 declaration shall be left at the last place of abode of the 
 defendant, where he has been a resident in the province, 
 and no rule to plead or notice of trial shall be necessary in 
 such cases. 
 
 3. The sum set out in the affidavit shall be endorsed on 
 the writ in words at length ; and shall be signed by the per- 
 son before whom the affidavit is made. 
 
 4. The sheriff to whom a writ of attachment is directed, 
 shall levy for the amount endorsed on the writ, with thirty 
 pounds for probable costs in declaration causes, and seven 
 pounds in summary stiits. 
 
 5. The service of process on the agent shall bind all the 
 goods and credits of the absent or absconding person then 
 in his possession or under his control, to the amount endor- 
 sed on the writ, with thirty pounds for probable costs in 
 declaration causes, and seven pounds in summary suits. 
 
 6. Where goods are exhibited to the sheriff as the pro- 
 perty of the absent or absconding debtor, they shall be 
 valued by two sWorn appraisers, and upon an appraisement 
 being made under their hands, the sheriff shall levy upon 
 such part of the goods as shall be sufficient to respond the 
 sum sworn to, and probable costs as above. 
 
 7. Where the goods consist of stock, or are shewn upon 
 affidavit to be of a perishable nature, and the agent shall 
 not within three days after notice of the appraisement, 
 give security for the value, a judge, or the prothonotary of 
 the county in his absence, ma}' 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. 
 
 8. When any person shall have any title or interest in 
 any real estate, goods or credits attached, as a subsequent 
 attacher or otherwise, he may be allowed to dispute the 
 validity and effect of the attachment, on the ground that 
 the sum demanded was not justly due, or that it was not 
 payable when the action commenced. 
 
 9. The party objecting to the attachment may apply to 
 the court to set aside, which application shall be grounded' 
 on an affidavit, setting out the facts and circumstances on 
 which the motion is made, and also shewing that his claim 
 
TITLE XSXVIII.] ABSENT OE ABSCONDING DEBTORS. 571 
 
 10. Upon hearing the motion the court may direct a trial Chap. 141. 
 by jury of any question of fact arising on the inquiry, and court may or- 
 if it shall appear that the sum demanded in the prior suit or tj'^'^n'^'di*" - 
 any part of it is not justly due or was not payable when ted faots, and 
 the action was commenced, the court shall order the attach- dlr^* may"' 
 ment therein made to be set aside in whole . or in part, as *®™ J"^'- 
 justice shall require, but the order s,hall have no other effect 
 
 in the prior suit. 
 
 11. The proceedings between the two adverse claimants Proceedings not 
 shall not be affected by any plea or other act of the defend- by'^act'o'f dl'l 
 ant in the prior suit, nor by any judgment that shall be s™t,'or'juci^'°' 
 rendered therein. mentthereon. 
 
 12. The court may, upon every such inquiry, direct Court mayor- 
 such security to be given for costs, and, upon any decision oostsrand'^ ^°^ 
 thereon, may award costs to either party as they shall think ™ii'be''ji8t'" 
 just and reasonable, and execution in the common form may and grant exe- 
 be issued therefor. 
 
 13. In actions against absent or absconding debtors, the Defendant may 
 defendant may appear at any time during the first term and oourw'^at the 
 give notice to the plaintiff, but shall not be at liberty to a[teVwMd8''on'iy 
 appear thereafter, without leave of the court or a judge. i»y leave. 
 
 14. In suits against absent or absconding debtors, in Assessment of 
 case there shall be no ■ appearance, the damages may be '"""•ses. 
 assessed before a judge at chambers, or the court at the 
 
 second term, or in Halifax at the sittings after the second 
 term from the commencement of the suit, or at any time 
 thereafter, unless special matter in bar, abatement, Or fur- 
 ther continuance, be allowed. 
 
 15.. When the damages claimed do not exceed twenty Damages under 
 pounds, or when a cause is undefended, although the dam- £«». i"-" assess- 
 ages claimed be over twenty pounds, it may be tried and . 
 damages assessed in the same manner as in summary suits, 
 unless a judge or the court shall otherwise order. 
 
 16. Where a person summoned as agent or trustee shall ^l/i^Ja't'-o^nl 
 file a declaraton under his hand, that he had not, at the time and submit to 
 
 - , , . 1 J -J. J? examinations; 
 
 the summons was served upon mm, any goods or credits or where he has 
 the absent or absconding debtor in his possession or, under "haulfave his 
 his control, and shall, if required, submit to an examination «»|5^^^B«X^ 
 upon oath satisfactory to the court, such agent or trustee mary oases, and 
 shall be discharged and be entitled to his reasonable costs, °^ " ^^ • 
 to be taxed and allowed ; but in suqimary cases an agent 
 shall not be allowed more than one pound three shillings 
 and four pence for his costs, besides his travelling fees and 
 attendance as in the case of a witness. 
 
 17. When an agent or trustee is summoned, he shall AppearaneeoJ 
 appear and file his declaration with the prothonotary of the tee, when, 
 county where he resides, within four days after the time 
 specified for his appearancO in the writ; but such agent 
 
 shall not be required to appear personally to be examined 
 under oath until the first day of the sittings of the supreme 
 court of the county, where he resides ; and if the process be 
 
572 ABSENT OB APSCONDING DEBTOBS. [PABT HI. 
 
 Chap. 141. not returnable before the first day of term, or in Halifax 
 before the first day of the sittings after term, he shall not 
 be obliged to appear till the next term, and he shall in no 
 case be required to appear for personal examination, unless 
 he shall have received notice thereof, either at the time of 
 the service of the writ or after the filing of his declaration, 
 Proceedings 18. If any person summoned as an agent or trustee 
 
 &ii"to'^appear, shall fail to appear and disclose upon oath, if required, the 
 amount of the goods or credits of the principal in his pos- 
 session, or under his control, at the service of process, or 
 acknowledge that he hath sufficient in his hands to rfespond 
 the judgment, the court may proceed against him as for a 
 contempt; and he shall also be liable to pay the plaintifi"his 
 costs if the court shall so order. 
 Special bail 19. When the absent or absconding debtor, his agent or 
 
 ai?/the proper- trustee, shall dcsire to relieve the property from the attach- 
 *afcuehiuent meut, he shall put in and perfect special bail to respond the 
 judgment, and submit to such terms as the court or a 
 judge shall deem right for the attainment of substantial 
 justice. 
 No trial to be 20. The plaintiff shall not proceed in the trial of his 
 pCTty"sha?f''' cause against any absent or absconding debtor, unless his 
 too™ed''OTthe ^®^^ estate or goods shall have been attache^, or until the 
 agent shau agent or trustee shall have admitted that he had goods or 
 goods^'in'his'' Credits of such absent or absconding debtor in his posses^ 
 possession. gj^^ orjmder his control. 
 
 Defendant enti- ,'"21. Where judgment has been obtained against an absent 
 
 hearing within or absconding debtor, the defendant shall be entitled to a 
 
 three years. rc^hearing at any time within three years. 
 
 Execution may 22. After judgment obtained g,gainst an absent or 
 
 thfe'Lofttfyor- absconding debtor, the court or a judge shall grant execu? 
 
 ''" °"''® "'""'• 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 costs and commission ; 
 
 such agent or trustee having had notice of the application, 
 
 Security to be 23, No execution shall issue agaipst an absent or abr 
 
 lJtttion°3hau'^ sconding debtor until the plaintiff shall give security, to the 
 
 issue. satisfaction of the court or a judge, for the re-payment of 
 
 all monies levied thereunder, in case the judgment should 
 
 be reversed, 
 
 Agent not lia- 24. The agent of Such absent or absconding debtor 
 
 fo7tho''v'a'iu6 of shall not be held liable for any goods or credits jbd taken 
 
 goods so taken, q^^ of his hands by process and judgment of law. 
 
 Application of 25. Sections fourteen, fifteen, and seventeen shall not 
 
 tfons.'° ^^''' apply to causes pending and undetermined on the iSth 
 
 day of April, 1856. 
 
 Companies 26. Companies or bodies corporate associated or incor- 
 
 by ftfentrhow porated out of Nova Scotia, doing business by an agent 
 
 to be Bued. within this province, may be sued for any cause of action 
 
 arising in whole or in part therein, by the name whereby 
 
TITLE XXXVm.] ABSENT OB ABSCONDING DEBTORS. 573 
 
 they are associated or incorporated, or by the name whereby Chap. 141. 
 they may be designated by the agent ; and service on the 
 agent of process to appear, shall give the court jurisdiction 
 over the case ; and proceedings shall be had as when pro- 
 cess to appear has been served on 9, 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 Time for com. 
 for the agent to communicate with his constituent. with princfpai. 
 
 28. If judgment shall pass for the plaintiff, the agent, Judgment 
 whether the same ageijt who was served with process or Sri'uaMH™/ of 
 any other, shall be bound to respond the same out of the *^'*''*' 
 assets of the company, or body corporate, which then are, 
 
 or at any time afterwards may come into his hands, or under 
 his control, deducting his costs, and fair and legal commisr 
 sion thereon, to be disclosed by the agent on oath, if there- 
 to required. 
 
 29. After judgment, the agent may be examined on oath Agent may be 
 before the court or a judge at chambers, concerning the jifl^ent. """'^ 
 assets of the company, or corporate body, in his hands or 
 
 under his control at the time of judgipent, 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 to Plaintiff may 
 judgment, he may at the commencement of the suit, or taehmontf *' 
 during its progress, make oath to the cause of action, and 
 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 corpo- 
 rate body, or by either process, and by one or in separate 
 and several writs ; and the estate and effects attached, and 
 also the credits and effects in tbe hands or under the con- 
 trol of the agents or debtors at the time of service, or at 
 any time afterwards, shall be available to respond the judg- 
 ment 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, 
 
 31. Nothing in the last five sections contained, shall other remedies 
 prevent the judgment from binding the property of thetwsaor^ ' 
 company, or body corporate, or from being levied and 
 enforced by execution or otherwise, in such m^^nner as may 
 
 be conformable to law in other cases, 
 
574 
 
 Chap. 142. 
 
 JOINT DEB TOES. 
 
 [part m. 
 
 CHAPTER 142. 
 
 OP suits against joint debtors. 
 
 One of several 
 dolfendanis, 
 joint debtors, 
 may be arrest- 
 ed. 
 
 One or more of 
 Euoh defendants 
 served may be 
 proceeded 
 against if the 
 otlicrs are ab- 
 sent.. 
 
 Court may 
 grant a conti- 
 nuance in such 
 case upon cause 
 fihewn. 
 
 An absent joint 
 debtor may ap 
 ply to defend at 
 any time before 
 final judgment. 
 
 Plaintiff shall 
 file his doolara- 
 tiona^ainst tlie 
 defendant ser- 
 ved, and enter 
 suggestions as 
 to the others. 
 
 Plea of abate- 
 ment to bo dis- 
 allowed unless 
 under special 
 circumstances 
 duly verified. 
 
 Replications of 
 baultruptcy or 
 insolvency to 
 pleas in abater 
 juent. 
 
 Plaintiff may 
 have a scire 
 facias against a 
 •oint debtor re- 
 
 1. , Where there are several defendants, and it is not 
 intended that all of them shall be arrested, the plaintiff or 
 his attorney may direct the sheriff to arrest one or more 
 only of the defendants and serve a copy of the capias on 
 the others, and such service shall be of the same force and 
 effect as the service of a virrit of summons. 
 
 ,2. Where any action founded on contract is brought 
 against several defendants, and the writ has been duly served 
 on one or more of them, but no legal service can be made 
 ou the others by reason of their absence from the province, 
 the action may nevertheless be prosecuted agai,nst thos.e 
 who have been served. • ' 
 
 3. If such joint debtor shall make application to the 
 court on affidavit, stating that it is necessary for him to 
 receive instruction respecting' such suit from his absent 
 partner or joint debtor, and that he cannot sa/ely proceed 
 to trial of the cause without communicatioh with him, and 
 that he is not seeking for delay only — the court may, if it 
 shall think fit, grant a reasonable imparlance. 
 
 4. If any such joint debtor, not having been served with 
 process, shall come into the province previously to the final 
 determination of the suit, and shall apply to the court to be 
 admitted to defend, the court shall admit him accordingly, 
 and shall cause such amendment to be made in the proceed- 
 ings as may be required to m^ke the same consistent and 
 regular. 
 
 5. When some only of the defendants have been served 
 with process, the plaintiff may file his declaration against 
 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. 
 
 6. No plea in abatement for the non-joinder of a person 
 as a co-defendant shall be 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 convenient certainty 
 in an affidavit verifying the plea. 
 
 7. To any plea in abatement of thenon-joinder of another 
 person, the plaintiff may reply that such person has been 
 discharged by bankruptcy and certificate, or as an insolvent 
 debtor. 
 
 8. If a joint debtor absent at the commencement of the 
 suit shall come into the province after final judgment, and 
 before the plaintiff shall have received full satisfaction 
 
TITLE XXZTIII.] E5ECUT0ES, ADMINISTKATOES, TRUSTEES. 575 
 
 thereof, the plaintiff may sue out a wrife . of scire facias Chap, 143, 
 against hiin,_ requiring him to shew cause why execution turning atter" 
 should not issue against him to satisfy what may remain ™j,' "o™™™- 
 due on such judgment ; and the defendant may plead either 
 in bar to the original suit or in answer to the scire 
 facias. 
 
 9, The plaintiff after judgment recovered may take out bnwK^t pro- 
 execution thereon, and cause the same to be extended on maTb?iT^ed° 
 the joint or- separate property, or on the persons of all 
 the joint debtors; but such execution shall not be extended 
 on the separate property or on the person of any joint 
 debtor not brought into court as a party to the suit. 
 
 CHAPTER 143. 
 
 OP SUITS AGAINST EXECUTORS, ADMINISTRATORS, AND TRUSTEES, 
 
 1. Actions of trespass, or trespass on the case, may be S'exirators, 
 maintained by executors or administrators for any injury to *".■! "■*? bring' 
 the real estate of the deceased committed within six months ries to roai es-' 
 preyious to his decease, for which the deceased might have ^^^^o^*^™"- 
 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 Within what 
 maintained against the executors or administrators of a time actions of 
 deceased person, for any injury done by him in his lifetime maybeiironght 
 to the real or personal property of another, so as such tfr's','&o.,^tori5i 
 injury shall have been committed within six months before ^(feMase™^ ^^ 
 his dpath, and so as siich action snail 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- Actions of aett 
 
 ..n, 1 .,'• J. T ■ ■ may be main- 
 
 tained at common law against any executor or adminis- tained against 
 
 trator. eiecutors, &o. 
 
 4. Every legatee may recover the amount and value of Legacies, &o., 
 
 , . -I . - "^ *^. y TO 1 may be reco- 
 
 his legacy, annuity or bequest, at common law, • from the yered by action 
 .administrator with the will annexed, or executor, either by '^^ "o™"""" "■^• 
 action for money had and received or otherwise. 
 
 5. Any executor being a residuary legatee may main- Residuary lega- 
 
 . . ■'. , V A T° ^ 1-1 tees may sue 
 
 tain an action at common law for money had and received their co-execu- 
 or otherwise, against the 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. 
 
 6. When two or more persons are named executors in a Sng^to aot"^d 
 will and any of them shall neglect or refuse to act, and pro- J°?'''^"p™; 
 bate shall be granted to the other or others of them, it b»en granted, 
 
D76 
 
 ESECUT0B9) ADMINISTSaItORS, TRUSTEES. [PART ill. 
 
 I any 
 Ac. 
 
 ExecutorB, £o., 
 authorized to 
 make invest* 
 nients in pro- 
 vincial deben^ 
 turesi 
 
 -Proceedings on 
 resignation of 
 trustees, &o* 
 
 Lhap. 143> gjjail not be necessary to name the executoi* who has so 
 need not be nn,- refused or liesrlected, in any action or suit relating: to the 
 
 medinany,uU ^g^^^g_ B > J 
 
 7. Executors, administrators, and trustees, unless where 
 otherwise directed by the will or other instrument creating 
 the trust, are hereby authorized to invest money and funds 
 in their hands, or under their control, in the provincial 
 savings' bank, or in the provincial debentures; and the pro- 
 duction of sudh provincial debentures, or other evidences 
 of money so invested and deposited, shall be held equiva- 
 lent to the production of the amoUnt of money actually paid 
 by such executor, administrator, or trustee. 
 
 8. Upon the petition of any trustee appointed by deed, 
 or of any executor appointed a trustee by any last will, 
 asking his discharge from the trust or executorship, a judge 
 of the supreme court may direct such preliminary enquiry, 
 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 stipreme 
 court may thereafter pass such order for the discharge of 
 such trustee or executor, as a due regard to his wishes and 
 interest, and to the rights and interest of the person inter* 
 ested in the execution of the trust^may require. 
 
 9. A petition may be presented, in like manner, by any 
 person interested in the execution of a trust, asking for the 
 removal of the trustee or executor, and a like enquiry 
 may be thereupon had, and such order passed by the 
 supreme court 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 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 thedue 
 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, in its discretion, may 
 appoint new trustees, or cause the trust to be executed by 
 one of its oflScers under its direction. 
 
 11. The court may direct the costs of any proceedings 
 under the three last sections to be taxed and paid out of the 
 trust funds, or otherwise, as they shall think proper. 
 
 Ile«o*al ttf 
 krusteeS) &c. 
 
 Appoiutmeat of 
 new trustees. 
 
 Costs hovr paid, 
 
TITLE XXXVin.] 8UMMAKY SUITS. 577 
 
 Chap. 144. 
 CHAPTER 144. 
 
 OF SUMMARY SUITS. 
 
 1. No action for the recovery of any debt shall be com- fom'meno'ed'i 
 menced in the supreme court unless the amount thereof supreme court 
 shall exceed five pounds. exoeldsSs""* 
 
 2. All actions for the recovery of debts, not exceeding Debtsunder£2o 
 twenty pounds, shall be brought iil a summary manner, and in a'summlrj 
 the presiding judge may determine the same, or order a trial may'wder " 
 by jury. *""! ^y j»""y- 
 
 3. It shall not be necessary to file common or special Nobaiineedbo 
 
 , ., . ., •' ^ filed in a aum» 
 
 bail m any summary suit. mary suit. 
 
 4. No declaration or plea shall be necessary, nor any Declarations 
 costs therefor allowed, in any action for the recovery of a ces^aryTno""" 
 debt not exceeding twenty pounds. lowed'thwefOT. 
 
 5. In summary suits the bail to the sheriff shall con- Bail to the she- 
 tinue liable to the same extent as if they were special bail, al^epeotai bail.* 
 Etnd shall be at liberty to render the defendant without put- 
 ting in special bail. 
 
 6. In appeal causes the appellant shall cause his app.eal ^^i^f 'a"**^? 
 to be entered on the docket of summary causes, and in case causes, or judg. 
 he shall neglect to enter the same, the original judgment ^mM^'for th* 
 shall be aflSrmed, at the instance of the opposite party, with <>pp»8'*o P'^'^y- 
 costs. 
 
 7. In all causes brought up by appeal and contested, ^^^e tiled*"'''* 
 the court shall try the same aneW. o^^^^- 
 
 8. In summary and appeal causes the application for a An application 
 jury must be by alEdavit to the court, and it shall be discre- be to the court 
 tionary with the court to grant the same. "'''"' affidarit. 
 
 9. In appeal causes where the original judgment is appfS^^how'"" 
 affirmed, the final judgment shall include the debt and costs given. ' 
 below, with the further costs; and execution shall issUe for 
 
 such debt and costs, or for costs only, as the case may 
 require. Where the original judgment is reversed after the 
 same has been enforced, the final judgment shall include 
 the amount levied under the original judgment, together 
 with the costs of the reversal. 
 
 10. In appeal cases the respondent may take out execu- ?su°"againT'' 
 tion against the apellant, or have recourse to the appeal ^e^appeiiant, 
 
 bond. bond be put in 
 
 11. In future the summary causes, in all the counties g^'^^^^j.^ ^^^^^ 
 except Halifax, shall be brought to trial and heard on the sea to be tried 
 first day of the term, and the jury causes taken Up immedi- te'rin?ox(!^pt°ia 
 ately after the disposal of such summary causes. Halifax. 
 
 12. The list of summary causes for trial at Halifax shall ^^^^^J^'J™' 
 be hereafter given in to the prothonotary on tlie preceding given prothono. 
 Thursday of each sittings, and the causes shall be set down when''to bV*^' 
 and tried on the following Tuesday, being the first day of ^"^^• 
 
 such sittings. 
 
578 
 
 DISTRESS FOE KENT. 
 
 [PART III, 
 
 Chap. 145. i^ In all continued summary and appeal causes a notice 
 Notice of trial of trial shall be given as in declaration cases. 
 
 to be given in ^ 
 
 continued 
 
 cauaes. 
 
 CHAPTER 145. 
 
 OP DISTRESS FOR RENT AND REMEDY. 
 
 Goods distrain- 
 ed to. be apprai- 
 sed and sold 
 witliin five days 
 after notice, if 
 not replevied 
 
 Goods to I e 
 sold, and alter 
 rent paid, sur- 
 plus, if any, to 
 remain for own- 
 er's use. 
 
 Grain in the 
 straw, hay in a 
 barn, &c., how 
 distrainea. 
 
 Komedy in case 
 ofpound breach 
 and rescue of 
 goods distrain- 
 ed. 
 
 Renifedy in case 
 of a distress for 
 rent where none 
 ia in arrear. 
 
 Goods not lia- 
 ble to be remo- 
 ved under exe 
 
 1. Where any goods are distrained for rent reserved and 
 due upon any lease or contract, and the tenant or owner of 
 the goods shall not within five days next after the distress 
 taken, and notice thereof with the cause of taking served 
 upon him, or left at the most conspicuous place on the pre- 
 mises charged with such rent, replevy the same with security 
 to he given to the sheriff, the landlord, with the sheriff or 
 his deputy or a constable, who are required to aid therein, 
 may cause the goods so distrained to be appraised by two 
 sworn appraisers, 
 
 2. After the appraisement the landlord shall sell the 
 goods distrained for the best price to be gotten therefor, 
 towards payment of the rent due and expenses incurred, 
 leaving the overplus, if any, in the hands of the officer for 
 the owner's use. 
 
 3. Sheaves or cocks of grain, grain loose or in the straw, 
 hay in a barn or upon a hovel stack or rick,, or upon the 
 land charged with such rent, may be locked up or detained 
 upon the premises by a landlord having rent in arrear, for 
 or in nature of a distress, until the same shall be replevied 
 upon security to be given as above; and in default of being 
 replevied 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 poundrbreach atid rescue of goods dis- 
 trained for rent the person aggrieved thereby may recover 
 his damages against the offender, or against the owner of 
 the goods distrained if the same be afterwards found to 
 have come to his use or possession. 
 
 5. In case any distress and sale be made by any person 
 for rent, where none is in arrear, the owner of the goods 
 distrained, his executors or administrators, by action of tres- 
 pass, or trespass oh the case, may recover against the per- 
 sons distraining or either of them, his or their executors or 
 administrators, the value of the goods distrained, and such 
 further damages as the jury may award. 
 
 6. No goods being upon any messuage or tenement 
 leased shall be liable to be taken by virtue of any execu- 
 
TITLE XXXVIII.] DISTRESS FOR RENT. 579 
 
 tion, unless the party at whose suit the e:secution is sued Ciop. 145. 
 out shall before removal oi'sucb goods from off the premises cution tui rent 
 pay tlie landlord or his bailiff at least one year's rent Plj"*'^"*'""'*" 
 thereof, if so much is in arrear and due ; and if the rent be yea^ amount, 
 not actually due then a rateable part thereof up to the levy *"' 
 of the execution. If the airears 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 pro- 
 ceed 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 monej'. 
 
 7., Incase any lessee of any messuage, lands or tene-'^oo'isfrandu- 
 ments, upon the demise whereof any rents ' are reserved, toa"oi"SlM 
 shallfraudulehtly or clandestinely convey from such demised prePio«8i7soid 
 premises his goods, with intent to prevent the landlord dis- b^f^jed^'ifc- 
 training the same, such landlord, by himself or his servants, twenty-one 
 may within twenty-one days then, next ensuing such con- '^*^'' 
 veying 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 con- 
 sideration before such seizure, in which case they shall not 
 be liable to a distress. 
 
 8. Kent in arrear and due upon a lease for life or lives „p°^ ueaJ *for 
 may be recovered by action in the same way as if reserved i™ ™»>' ^e re- 
 
 1 p •' served as in 
 
 upon a J ease lor years. other oases. 
 
 9. Rent in arrear and due upon a lease for life or lives, ^®°' mayie 
 or for years or at will, ended or determined, may be dis- within°ir '"^' 
 trained for after such determination, in the same way as if d'e'teminSn 
 such leases were not determined, if such distress be made tftooases" °"^ 
 within six months after such determination, during the con- 
 tinuance of the landlord's title or interest and during the 
 possession of the tenant from whom such arrears are due. 
 
 10. Executors or admiuistratqrs of a landlord may dis- Executors,, &c., 
 train upon lands demised for a term or at will, for rent due ™rent d™e de- 
 in his lifetime, and such rent may be distrained for after the what easiest "^ 
 determination of such term or lease at will, in the same 
 
 manner as if such term or lease had not been ended or 
 determined ; but the distress in such case must be made 
 within six months next after the determination of such 
 term or lease and during the continuance of the possession 
 of the tenant from whom such rent is due. 
 
 11. A landlord or his bailiff may seize as a distress for Cattie, oom, 
 arrears of rent any cattle or stock of his tenant feeding which' may he 
 upon any common belonging to any part of the premises tr^aa^oT rentT 
 demised, and may also seize all sorts of corn, grain, grass, 
 
 hops, roots, fruits, pulse or other product growing on any 
 part of the premises deniised as a distress for arrears of 
 rent, and may cut, gather, cure, carry and lay them up when 
 ripe iu barns or other places on the premises so demised. 
 37 
 
580 ARBITRATIOlft [PAET III. 
 
 Chap. 146. 12. In case there is no barn or proper place on the pre- 
 Distressinsuch Kiises for receiving the same, then he may cause the same 
 ^l^ereno fe' ^'^ ^® placed in any barn or proper place to be procured as 
 &«., upon the ' near as maybe to the premises, and in convenient time shall 
 premises. appraise and dispose of the same towards satisfaction of 
 , the rents and the charges of such distress as in other cases. 
 
 The appraisement to be made after the crop is cut, cured, 
 
 and gathered, and not before. 
 Notice of the 13. Notice of the place where the goods so distrained 
 Sep'Sitfwhen ^^^^^ ^® deposited, shall within one week after their being 
 aud to Vhom to so deposited, be gdven to the tenant or left at his last place 
 
 be given. pit 
 
 01 abode. 
 
 CHAPTER 146. 
 
 OF AEBITEATION. 
 
 Power of arbi- 1. The power of arbitrators appointed under a rule or 
 im'vooaMe^" submission, containing an agreement that it should be made 
 judge may en- a rulo of the Supreme court shall be irrevocable unless the 
 sward. ™ court Or a judge shall otherwise order, and the court or a 
 judge may enlarge the time for making an award hereunder. 
 Attendance of 2. Where any rule or submission shall have been made, 
 rnforeed!' ''"'^ the court or a judge may by rule or order command the 
 attendance of any witnesses, and the production of any docu- 
 ments that may be required on the investigation thereof ; 
 and if after the rule or order and a notice containing the 
 time and place where the attendance of the witness is 
 required, signed by one at least of the arbitrators, shall 
 have been served on him, and he shall have been tendered 
 his reasonable fees, he shall neglect to attend, he shall be, 
 deemed guilty of a contempt of court. 
 Production of ^ 3, No person shall be compelled to produce, under any 
 nesa not eom- rule or Order, any writing or document that he would not 
 Smre'^tha'n*two be compelled to produce at a trial, nor to attend on more 
 tur^iy""^^""' ^^^^ two consecutive days. 
 Arbitrators' 4. Arbitrators so appointed may administer oaths to the 
 
 may administer Yiri'tripnapi 
 oaths to wit- wiinesses. 
 
 nesses. ^ 5. When arbitrators are appointed under a submission 
 
 peaolmay adf not Containing any agreement that it shall be made a rule of ' 
 
 when'amtra-^ court, any justice of the peace may administer oaths to the 
 
 tors not ap- witnesses in the presence of one or more of the arbitrators. 
 
 ?uioo°fcourr 6. Where a submission has been made a rule of the 
 
 **■ . , supreme court, pursuant to the agreement therefor, the 
 
 Obedience toan^, r i. j- x iii i-t 
 
 award, how en- court may enforce obedience to any award duly made under 
 fureed. g^^j^ submission by directing a judgment to be entered or 
 
 execution to issue for the amoumt thereof with costs. 
 
r 
 
 TITLE XXXVIII,] PETTY OFFENCES, ETC. 581 
 
 7. The judge taxing the costs of any cause referred "hap. 147^ 
 under a rule or order shall allow such fees to the arbitrators Fees to arbUia^ 
 making the award as he may think reasonable. lowed on taxa 
 
 tion of costs. 
 
 ' OF PETTY OFFENCES TRESPASSES AND ASSAULTS. 
 
 1. A court of general or special sessions in any county Larcenies un- 
 or district at which the custos of the county or district fo''nies%y°'j"nve-" 
 and not less than four other justices shall be present, may, "^^^ tSed*^"^^' 
 in a summary way, hear and try all larcenies when the 
 
 value of the property stolen shall not exceed ten pounds, 
 and may hear and try trespasses and felonies committed by 
 juvenile offenders under the age of fourteen years, except- Exceptions, 
 ing only capital felonies: provided that such trials, shall Proviso, 
 take place at the court-house of such county or district. 
 
 2. When any person has been arrested and committed to Proeeedings af- 
 jail by warrant for any offence triable under the first ten sec- prisoner. " 
 tions of this chapter,thejai]orshall forthwith notify the sheriff 
 thereof, who shall give notice of the same to the custos, and 
 
 such custos shall direct the clerk of the peace to summon a 
 special session to meet at a day to be named by him suffici- 
 ently distant to permit notice to the prisoner as hereinafter 
 . named, tod the clerk of the peace shall forthwith, on receipt 
 of such direction, convene such special jurors, and notify 
 the 'prisoner of the day named for his trial, at least eight 
 days previous to such special sessions. 
 
 3. The justices in general or special sessions as afore- Punishment, 
 said shall have power to punish by fin^ 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 ten pounds, 
 or to imprison beyond six months, and that only in the 
 county or district jail. 
 
 4. Any party feeling aggrieved by the sentence of such Appeal, 
 justices in general or special sessions, may appeal to the 
 supreme court, or a judge, who may rehear the case, and 
 
 make such order therein as justice shall require ; but offend- J" ^St pro-"'*'' 
 ers convicted before the justices in general or spe'cial ses- oeedings. 
 sions shall not be allowed to escape punishment from any 
 mere informality in the proceedings, and no relief shall be 
 allowed unless it shall be made to appear by affidavit that q^roT* "" 
 injustice would otherwise be done. 
 
 5., The proceedings up to the hearing before the justices Proceedings be- 
 in general or special sessions shall be by information and "^^ ' ' ■ 
 summons or warrant, as in the first section of chapter one 
 hundred and sixty-nine, and the hearing and all subsequent 
 
582 
 
 PETTY OFFENCES, ETC. 
 
 [vh.T III. 
 
 Chap, 147. 
 
 Writs, itc, liow 
 executed. 
 
 ConTlction. 
 
 Fees. 
 
 Ineorporated 
 counties and 
 districts. 
 
 Bztension of 
 act. 
 
 Sessions to 
 make re^la- 
 lations rospect- 
 ing liorsoc, &c. 
 goin^ at large, 
 
 Penalty Tor vio- 
 lating rcifuia- 
 tions. 
 
 A justice to 
 have jurisdic- 
 ition over tres- 
 passes by hor- 
 -ses, &o., to £3. 
 
 E^plevin amy 
 be granted by 
 justice. 
 
 .Formofwrit. 
 
 proceedings shall be the same as in civil cases, except that 
 subpoenas^ and other wrirs shall be in the name of the 
 queen for the defendant as well as the plaintiff. 
 
 6. All constables and peace officers shall be compelled 
 to execute writs and process, as in other cases of proceed- 
 ings at the suit of the crown. 
 
 7. The justices in general or special sessions shall make 
 their Conviction and sentence in writing, and shall furnish 
 a copy thereof to the constable or other officer, who shall 
 deliver the same to the jailor in case of a sentence of im- 
 prisonment. 
 
 8. No fees shall be paid or received under the foregoing 
 sections, bat officers and witnesses shall be entitled to 
 remuneration as in other criminal cases. 
 
 9. In the case of incorporated counties or districts, the 
 powers conferred under the foregoing sections, shall bfe 
 exercised by the monthly municipality ^courts. 
 
 10. The foregoing sections shall not extend to the city 
 of Halifax. 
 
 11. The sessions shall make regulations for preventing 
 trespasses by horses, asses, mules, cattle, sheep, swine, or 
 goats going at large. 
 
 12. Persons violating the regulations shall forfeit a sum 
 not exceeding forty shillings. 
 
 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 three pounds, 
 the case may be tried before a justice of the peace in the 
 same manner and with the like costs, and subject to appeal 
 and other proceedings as if it were an ordinary debt. 
 
 14. The justice shall grant replevin where required 
 upon security being given for prosecuting the same with 
 effect within 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 theni] which C. J), unjustly, as is alleged, 
 detains under pretence of having committed a trespass not 
 exceeding three pounds, and also to summon the said C. D, 
 to appear before me at , on the day of- 
 
 .at 
 
 o'clock, in the 
 
 -noon, there to answer such 
 
 (Cause to 1>e 
 tried as in other 
 oases. 
 
 Penalty for da- 
 maging or de- 
 facing a com- 
 mon. 
 
 ithings as shall be objected against him by the said A. B. 
 
 Witness my hand and seal, this day of A. D. 
 
 one thousand eight hundred and 
 
 ■ P. P., J. P. (seal.) 
 
 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 
 
TITLE XXXVIII.] PETTY OFFENCES, ETC. ' 583 
 
 or the ground defaced, he, shall forfeit a sum not exceeding Chap. 147. 
 twenty shillings. 
 
 18. If any person shall cut down or injure any trees Penalty for in 
 planted for ornameut or left growing on the side of any moDtaUreeson 
 public square, street or highway, he shall forfeit lor every ^g^"" ^°^^' 
 such tree a sum not exceeding forty shillings; but no 
 
 penalty shall attach for the removal of any such trees by a 
 commissioner of streets or surveyor of highways. 
 
 19. If any person shall trespass in a cultivated enclosure ^r;',";^*j', *■";;; 
 
 he shall forfeit a sum not exceeding ten shillings for the cuuivatod'en" * 
 use of the occupier of the land. ''^'"""'^■ 
 
 20. If any person shall illegally cut down or injure any I'snaity for in- 
 tree growing on crown or private land, or shal I illegally ^""^ '" *'^°^' 
 carry away any such tree when cut down, he shall, for 
 
 every such tree, forfeit a sum not to exceed forty shillings 
 
 to the commissioner of crown lands for the time being, for 
 
 the use of the provinccj or of the owner of the soil, as the 
 
 case may be. No person imprisoned under execution imprisonment. 
 
 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, 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 the two preceding sections contained ^^'fye^'to^^^' 
 shall take away froin the party injured any right of action ciimuiatory re- 
 at law for the trespass committed. 
 
 . 2± The offences enumeirated in sections seven, eight, J*£°''*g*^|^'^ f 
 nine and ten, are hereby declared to be under the jurisdic- \o, (^f^iarodun- 
 
 ,. „ ' • .• • J.- ' ,£• ji. J doi juriadiotioa 
 
 tion 01 one or more justice or justices ot the peace accord- o. justices of 
 ing to the amount of penalty sought to be recovered. *'*" ^'""^^^' 
 
 23. Two justices of the peace may hear and determine ^,^'\j"arafco "^ 
 in a summary way, all complaints for common assaults and havejurisdio- 
 batteries, and upon conviction the offender shall forfeit a sanits to forty 
 sum not exceeding forty shillings, to be paid over when s''iii'°s»- 
 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 phall not be paid forth- Bxeontions 
 with, or within the time appointed for that purpose by the fillip and^oosts, 
 justices, the same may be levied by execution in the usual meut'may'be 
 form, under which the offender inay be imprisoned for a ""edini thirty" 
 period not exceeding thirty days, unless the fine and costs days. ' 
 
 be sooner paid. 
 
 , 25. If the justices upon the hearing shall deem the jJV''^?^^^™*^ 
 offence not proved, or so trifling as not to merit pUnish- ^aaint and give 
 ment, they may dismiss the complaint, and if required shall eo^,^'ingiy.*^ *"' 
 give the party acquitted a certificate accordingly. 
 
 26. The justices may give costs either to complainant ;|;|i^stices^niay^^^ 
 or defendant, or dismiss the complaint without costs on Bold costs ftom 
 
 ■ ,i .1 either party. 
 
 either side. 
 
584 PETTY OFFENCES, ETC. [PAET III. 
 
 Chap. 147. 27. If the offence charged be of an aggravated kind, or 
 Where the of- if upon the hearing the justices think the offender deserv- 
 Tated'th^o'fus-' ^^S ^ higher punishment than above prescribed, they may 
 tices may bind bind the offender over by recognizance to appear at the 
 to appear at '^^ next Supreme court to answer the charge, and if necessary 
 court^'^^"'^ may also bind over the prosecutor to appear and prosecute, 
 
 -i^ and the witnesses to give evidence. 
 
 'Compliance 28. If any person shall have obtained a certificate as 
 
 tioe's judgment above, or, having been convicted, shall have paid the whole 
 fromaiilSrther ^imouut adjildged. Or shall have suffered the punishment 
 criminal pro- awarded for non-payment thereof, he shall be thereby acquit- 
 
 ted of all criminal proceedings for the same offence. 
 
 Penalty for in- 29. If any person shall, in any part of this province, 
 
 auSiorizef sur- interrupt, molcst, or hinder, any principal deputy surveyor, 
 
 Tcyor. Q]. other person duly authorized by the governor, or by 
 
 order of a judge, as a land surveyor while in the discharge 
 
 of his duty as such surveyor, such person shall be deemed 
 
 to have been guilty of a misdemeanor, and, being convicted 
 
 thereof before any two justices of the peace of the county 
 
 where the offence shall have been committed, may be 
 
 punished by fine or imprisonment, or both, in the discretion 
 
 of such justices, such imprisonment not to exceed two 
 
 months, and such fine not to exceed five pounds, without 
 
 dioeany"mi ^''^J prejudice to any civil remedy for damages which such 
 
 remedy for da- surveyor or other authorized person may have against such 
 
 offender by reason of such offence. 
 Limitation of 30. Every prosecution under this chapter shall be com- 
 prosecutions. jjjenced within three months after the offence committed. 
 Proceedings to 31. The justices shall proceed by summons in the form 
 
 be by summons: ^„n„,„: ' 
 
 form given. ' lollowmg : 
 
 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 he] committed on or 
 
 about the day of , contrary to the provisions 
 
 of chapter one hundred and forty-seven. 
 
 Witness our hands at the day of , 
 
 A. D. 18—. 
 
 E. P., J. P. (seal.) 
 G. H., J. P. (seal.) 
 
 Conriction to 31. The convictions under this chapter shall be en- 
 annexeTtothe dorscdupon or annexed to the original summons in the 
 ^X""" ' ^"°' form following : 
 
 The within named C. D., having been duly summoned, 
 was this day convicted of a petty trespass [or a petty assault 
 and battery, or a petty assault] iipon 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 
 
TITLE XXXVIII.] WRIT OF CEETIOEARI. 585 
 
 of , with costs, amounting in all to the sum of , Chap. 148. 
 
 to be paid forthwith [or within days next.'] 
 
 Witness our hands this day of , A. D. 18 — , 
 
 E. P., J. P. 
 G.H., J.P. 
 Whicbj when signed by the justices, shall be a valid record 
 of such conviction. 
 
 CHAPTER 148. 
 
 OP THE WRIT OP CERTIORARI. 
 
 1. Previous to issuing a writ of certiorari the judge or Bail to be filed 
 Commissioner shall require the person applying therefor to writ™f octim-* 
 file sufficient bail, in such reasonable amount as the judge ^^M endorse^ 
 or commissioner shall direct, to respond the judgment to be m the'^writ ^ 
 finally given in the cause, and the judge or commissioner 
 
 shall endorse on the writ the amount for which bail is 
 filed, with the names of the bail, and also the date when the 
 writ was allowed, and shall put his signature thereto. 
 
 2. In all causes and proceedings brought up by certi- Court above 
 orari, the court may inquire into the facts anew, if it shall SfewTniio'the 
 seem to them to be necessary, and may order a trial thereof f^^^i a°riS1^ 
 by jury. jury. 
 
 CHAPTER 149. 
 
 OP INTERPLEADER. 
 
 I. If in any action of assumpsit, debt, detinue or trover, when the de- 
 ,the defendant, after declaration and before plea, shall by Jhe'^interest^fn 
 affidavit or otherwise shew that he claims no interest in the fSl s^uu\°o be to 
 subject matter of the suit, but that the right thereto is a Hnrd par^y,^ 
 claimed or supposed to belong to some third party, who piea,appiy for 
 has sued or who is expected to sue for the same, and that Sponhimto^ap 
 such defendant does not in any manner collude with n^raod state 
 such third party, but is ready to bring into 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, the court or a judge may make rules or orders 
 calling upon such third party to appear and state the nature 
 and particulars of his claim, and maintain or relhiquish the 
 same. 
 
586 INTERPLEAOER. [PAET III. 
 
 Lhap. 14J. 2. Upon such rule or order the court or a judge may 
 The oourt or a hear the allegations as -well as of such third party as of' the 
 the case, and in plaintiff, a,nd in the meantime may stay the proceedings in 
 slaylhrpr the action. 
 
 ceedings. 3_ The court or a judge may finally order such third 
 
 fnigTmly"^ party to make himself defendant in the same or some other 
 party^defond-'* actiou, or to proceed to trial on a feigned issue, and may 
 ant in that or also direct which of the parties shall be plaintiff or defen- 
 or by consent'"' dant ou such trial, or with the ccmsent of the plaintiff, or 
 master on the ^'^'^^ third party, their counsel or attornies, may dispose of 
 merits. the merits of their claims and determine the same in a sum- 
 
 mary manner. 
 Eui.es and or- 4. The court Or a judge may make such other rules and 
 made'as^to^ Orders therein as to costs and all other matters a<i may ap- 
 
 iSstf'*"'"^"" P®^^ t" ^® j'^^t ^^^ reasonable. 
 
 Judgment to be 5. The judgment in the issue or action, and the decision 
 
 ^*^" of the court or judge in a summary manner, shall be final 
 
 and conclusive against the parties and all persons claiming 
 
 under them. 
 If such third 6- If such third party shall not appear upon being- duly 
 apnlarho'shaii served with such rule or order to maintain or relinquisii his 
 bei.arred from claim, or shall neglect to comply with any rule or order after 
 against the de- appearance, the court or a judge may declare such third 
 amunst'the'""* P^rty, and all claiming under him, barred for ever from 
 pWntifl-, power prosecutine; his claims against the original defendajit or Iiis 
 
 of the court as i^ f. . = , , B_ • i, . i • i? 
 
 to costs. representatives, saving nevertheless the righc or claim oi 
 
 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 rea- ■ 
 
 sonable. 
 
 Orderofajudge 7. Any Order made in 'pursuance of this chapter by a 
 
 Ttewed\y the" single judge not sitting in open court, shall be liable to be 
 
 court. rescinded or altered by the court, in like manner as other 
 
 orders made by a single judge. 
 A judge may at 8. If upou application to a judge, in any sta-ge of the . 
 thlproleedtoga pi'oceediugs, he shall think the matter raore fit for the deci- 
 to the court, sion of the court, he may refer it to i}ie court, and there- 
 upon the court shall hear and dispone of t!ie same, as if the 
 proceedings had commenced by a rule of coui't instead of 
 *the order of a judge. 
 ProTisionsof 9- Where claim shall be made to any goods t;iken or 
 
 this chapter intended to be taken under any writ of erecuLioiiOi'atiach- 
 made applioa- , • • J /> J ii 
 
 bie to sheriffs, mcut, issuiug ouu oi aiij'' couvl, tlie f.upreine court, or any 
 constables, c. j^jgg thereof, upon application of a shei-jff, constable or 
 other officer, made before or after the return of such process, 
 and as well before as after any action brought agiiinst such ' 
 sheriff, constable or other officer, may call before them 
 by rule of court, as well the party issuing such piocess as 
 the party making siich claim ; and thereupon exerci-e for 
 the adjustment of such claims, and the rehef juid protection 
 of the sheriff, constable or other officer, all or any of the 
 
TITLE XSXVIII.] PEOTECTION OF JUSTICES OP PEACE. 587 
 
 powers and anthorities bereiiiljefore contained, and make Chap. 150. 
 such .rules and decisions as shall appear to be just, according " 
 
 to the circumstances of the case, and the costs of all such 
 proceedings shall be in the discretion of the court. 
 
 10. All rules, orders, matters and decisons, in pursuance euIcs, ordeis, 
 of this chiipter, excepting only the affidavit to be filed, may, ^a of'vecord''"^" 
 together with the declaration in the caiise, if any, be entered effect onuig- 
 of repord, with a note in the margin, or an endorsement mcnis. 
 thereon by the prothonotary, 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 oi' orders 
 may be ienforced by execution as in other cases. 
 
 CHAPTER 150. 
 
 OP TI-IE PEOTECTION OP JUSTICES, OP THE PEACE. 
 
 1. Sverv action aarainst a instice of the peace for any Aotlon* ??ainst 
 act done m the execution oi nis omce wuli respecu co a -.aiojia ou the 
 matter within his jurisdiction shall be an action on the case, afn^'onnaiio.i, . 
 and it shall be expressly alleged in the" declaration that the •„''\'he°deoiara- 
 act was done maliciously and without reasonable and pro- tion. 
 
 bable cause, and if upon the trial the plaintiff fail to prove 
 • such allegation, judgment shall be given for the defendant. 
 
 2. If the action be brought for an act done in a matter Maiioo.^o., 
 where he has no jurisdiction, or where he has exceeded his M^rJiK^ed ."aj- 
 jurisdiction, the party injured thereby or by any act done ^'™ i;'^™'''^,,,^ 
 under a conviction, or order or warrant issued by the jus- 1" ■■>o 'jrougiit. 
 ticp, need not allege malice ov want of reasonable ond pro- 
 bable cause in his declaration. But no action in such case 
 
 shall be brought u.itil such conviction s^iall have been 
 qua.shed, nor shall any action bo brought for any tiling 
 done under any warrant issued by such justice to procure 
 the appearance of a party, wliich shall have boon followed 
 by a conviction ov order, until the same shall have been 
 quashed. 
 
 .S. If a warrant shall not have been ibllovFed bv a con- f -.rM j.i whie'x 
 
 , .... , . ■ '• ■ I- .10 r.jtv '1 sIkuI 
 
 viction or order, or li JC be a warraiit upon an iijjorniyciO'i p.. ;jy.u,,gt t?ie 
 foe an aHegefl indictable offence, and a .summons had lieen tM''i'7''"ne''.m- 
 previonsly is?ned and served, and the paiLy did ao'h appera- ''"■l"sw''^"■""'• 
 in obedience to the su/omons, in any such case no action 
 siiall be u^iiiiitained agaiiidu the jusi;ice for any thing done 
 under the waiTiUit. 
 
 4. ■Where a conviction or order shall be made by s* .!"■''- f";;fJrrantnrt^ 
 tice, and a warrant, of distress or commii)U3nt by. some lia'-ic '"■mac- 
 other jasiice rn good ^aith and wichouii collusion, no action ijuji juatioe. 
 
588 PEOTECTION OF JUSTICES OF PEACE. [PAET in. 
 
 Cftap, 150. g];ja,ll be brought against the justice who granted the war- 
 
 "'aUonvUit"!!' ^^^^ ^^^ ^^^ defect in the conviction or order, or for want 
 
 of jurisdiction in the justice who made it, but the action, if 
 
 any, shall be brought against the justice who made such 
 
 conviction or order. 
 
 justioe grant- 5. Where a poor or county rate shall be made, and a 
 
 rf^dfsSs fbr a Warrant of distress shall issue against a person rated therein, 
 
 ftr any'deft-''^* '^° action shall be brought against the justice who granted 
 
 eienoy in the the warrant for any irregularity or defect in the rate, or by 
 
 reason of any such person not being liable to be rated. 
 
 Sapreme court 6. Where a justice shall refuse to do any act relating to 
 
 3ustice''iby'riie the dutics of his officc, the party requiring such act to be 
 
 latLu'^to'hii'^^" ^^^^ ^^J ^W^J ^0 the suprcmc court,-upon affidavit of the 
 
 offloel proceed- facts,' for a rule calling upon the jiistice, and also upon the 
 
 eale/howtakeu. party to be affected by such act, to shew cause why such 
 
 * act should not be done ; and if after service of Such rule 
 
 good cause be not shewn against it, the coiirt may mate 
 
 the rule absolute, with or without costs as they may see 
 
 meet, and the justice, upon being served with the rule 
 
 absolute, shall obey the same and do the act required. No 
 
 action or proceeding shall be commenced or prosecuted 
 
 against such justice for having obeyed such rule. 
 
 No action siiaU ?• Where a warrant of distress or of commitment shall 
 
 ^^^,™^|'>K_ be granted by a justice upon conviction or order, which 
 
 tioe for grant either before or after the granting the warrant shall have 
 
 upouadefeS- been confirmed upon appeal, no action shall be brought 
 
 &™oonfiJmeT' against the justice granting the warrant for anything done 
 
 by appeal. thereunder, by reason of any defect in such conviction or 
 
 order. 
 Aotionsbrought 8. If any action shall be brought in a case where by 
 mayVeset ^^^^ chapter it is forbidden, a judge of the court where it 
 aside. is brought, upon application of the defendant upon affida- 
 
 vit, may set aside the proceedings with or without costs as 
 he shall see fit. 
 Month's notice 9. No action shall be commenced against a justice for 
 justfce^before ^^J thing done in the execution of his office, until one 
 contTntsof^no'' '^outh at Icast after notice in writing of such intended 
 tice i limitation actiou shall have been delivered to him or left at his usual 
 ofaction. place of abode, by the party intending to commence the 
 
 action, his attorney or agent, in which notice the cause of 
 action and the court in which it is intended to be brought 
 shall be explicitly stated, and upon the back thereof shall be 
 endorsed the name and place of abode of the party intending 
 to sue, and the name and place of abode or of business of 
 the attorney or agent, if the notice has been served by an 
 attorney or agent; and the venue in every such action 
 shall be laid in the county where the act complained of was 
 committed, and such action shall be brought within six 
 months next after the cause of action shall have accrued, 
 ustioe may 10. After notice so given and before action commenced, 
 
 or°pay™ney^ such justice may tender to the party complaining, his attor- 
 
TITLE XSXVm.] PROTECTION OP JUSTICES OP PEACE, 589 
 
 ney or agent, sttcli sum of money as he niay think fit as Chap. 150. 
 amends for the injury complained of in the notice ; and after jnto court -pro- 
 action commenced, and before issue joined, the defendant, oeedinga in 
 if he have not made a tender, or in addition to the tender, ^'^° "°'^^" 
 may pay money into court ; and the tender and payment 
 into court or either of them may be given in evidence on 
 the trial. If the jury shall be of opinion that the plaintiff 
 is not entitled to damages beyond the sum tendered or paid 
 into court, then they shall find a verdict for the defendant, 
 and the plaintiff shall not be at liberty to elect to be non- 
 suit ; and the sum so paid into court,*)r so much thereof as 
 shall be sufficient to satisfy the defendant's costs, shall 
 thereupon be paid out of court to him, and the residue, if 
 any, be paid to the plaintiff; or if the plaintiff shall elect to 
 accept the money so paid into court in satisfaction of dam- 
 ages in the action, he may obtain a judge's order for the 
 money, and that the defendant shall pay him his costs to be 
 taxed, and thereupon the action shall be determined, and 
 the order shall be a bar to any other action for the same 
 cause. 
 
 ■11. If at trial the plaintiff shall not prove the action Proof required 
 brought within the time limited in that behalf, or that the the pfa?ntiff? 
 notice was not given a month before action (Commenced, or 
 if he shall not prove the cause of action stated in such 
 notice, or that it arose in the county laid as venue in. the 
 margin of the declaration, the plaintiff shall be non-suit or 
 the jury shall give a verdict for "the defendant. 
 
 12. In all cases where the plaintiff shall be entitled to if, plaintiff on 
 recover, and he shall prove the levying or payment of any guuty o?^the 
 penalty or' sum of money under any conviction or order as'jf™°|fo^^°J 
 part of his damages, or if he prove an imprisonment there- 1^^^^^^^^^ 
 under, he shall not be entitled to recover the amount of the punishment, he 
 penalty or sum levied or paid, or any damages beyond two nomLaTdlma- 
 pence for such imprisonment, or any costs of suit, if it shall s«s only. 
 
 be proved that he was actually guilty of the offence of 
 which he was convicted, or that he was liable to pay the 
 sum he was so ordered to pay, and with respect to the im- 
 prisonment that he had undergone no greater punishment 
 than that assigned by law for the offence of which he was con- 
 victed or for the non-payment of the sum he was so ordered 
 to pay. 
 
 13. If the plaintiff recover a verdict or the defendant cases where 
 allow judgment to pass by default, the plaintiff shall recover ?ovSy^f°da''-^" 
 costs as if this chapter had not passed. If it be stated in g'^^f l^fjfo^gts. 
 the declaration that the act complained of was done mali- 
 ciously aiid without reasonable and probable cause, the plain- 
 tiff, if he recover a verdict for any damages, or if the de- 
 fendant allow judgment to pass by default, shall be entitled 
 
 to fuU costs. 
 
590 protection op constables. [part iii. 
 
 C hap. 15 1. 
 
 CHAPTER 151. 
 
 OP THE PROTECTION OP CONSTABLES. 
 
 Dotiiand of i>8- 1. Before any action shall be brought against a con- 
 ofra?raliu?bo stfible, or otlier officer, or any person acting in his aid, and 
 conaubir&e ^^^^' ^"jthing i" obedience to a warrant under the hand and 
 before notion ' se.il of a ju^ticc, i\ demand in writing of the peruKal and 
 brought. p^py ^.c gj^pj^ warrant, signed by the person making the same 
 
 shall be served upon him personally or left at his usual 
 place of abode for the space of six da3-s. 
 ir justice not 2. L" after such demand and a Compliance therewith, an 
 wuen^otico^ action be brought against such constable or other officer, 
 dBfendant^haii ^^ person acting in his aid, without making the justice a 
 iiaTojud^mont; party thereto, on the proof of such warrant upon the trjal, 
 whorTaotion judgment sh.ill be given for the defendant, notwithstanding 
 aid conitabia" ^^y Want of jurisdiction in the justice. If the action be 
 brought against the constable or other officer, or person 
 acting in his aid jointly with the justice, then on proof of 
 such warrant, judgment shall be given for the constable,., 
 other officer or person acting in his aid ; and if a, verdict ' 
 pass against the justice the plaintiff shall recover costs to 
 be taxed so as to include the costs he may b^ liable to pay 
 to the other defendant. 
 Limitation of 3. No action shall be brought against a constable, or 
 action other officer or person acting in his aid, unless the same be. 
 
 commenced M'ithin six months next after the cat^se of action 
 shall have accrued. 
 
 CHAPTER 152. 
 
 OP THE" CUSTOWY AND ESTATES OP LUNATICS. 
 
 ' euar|iin,n3,i;ow 1. Wlicu the relations or friends of any insane person, or 
 hlsilu"tVrsona. ^'^^ 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 shall 
 be given to such insane person of the time and place ap- 
 pointed 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 iiv ques- 
 tion is incapable of talcing care of himself, such court or 
 judge shall iippoint a guardian of his person and estate, 
 with tlie powers and duties hereinafier specified. Every 
 guardian so appointed shall have the care and custody of 
 
TITLE XXXVIII.] LUNATICS. §91 
 
 the person of the waj|i and the management of his estate Chap. 152. 
 
 
 until legally dischar,^ 
 
 2. When a guardmn shall be appointed for an insane AUowanoc for 
 person the court or judge shall make an allowance to be rJf by ward.""^" 
 paid by the guardian out of the estate of the insane person 
 
 for all reasonable expenses incurred by the ward in defend- 
 ing himself against the complaint. 
 
 3. Every guardian of an insane person shall pay all jtist Doiits wti ex- 
 debts due from the ward out of his personal estate, if suffi- provil'ea Z- ; 
 cient; and if not, out of his real estate, upon obtaining a gfan!""*^^"*'" 
 license for the sale thereof from the supreme court or any 
 
 judge thereof. He shall also settle all accounts of the ward, 
 and sue for and receive all debts due to him, or may com- 
 pound for the same, and give discharge to the debtors ; and 
 he shall appear for and represent the insane person in all 
 legal suits and proceedings. 
 
 4. The guardian shall also manage the estate frugally Duty of guar- 
 
 ■ and without waste; and apply the profits thereof, as far as wardrus'fami- 
 may be -necessary, to such insane person's comfortable^'*"- 
 and suitable maintenance, and that of his family ; and if such 
 profits be insuflicient, the guardian may sell or Mortgage 
 the real estate upon obtaining a license therefor, and shall 
 apply the proceeH, so far as may be necessary, for tl^e 
 maintenance and support of such insane person and his 
 family. 
 
 5. On a sale takinar place under a license to sell the real needs of real 
 
 , , n ' .^ T I'n t_ • estate to be 
 
 estate ot an msane person, the guardian shall execute m made by guar 
 the name of the insane person a deed thereof, which shall '^"'°* 
 convey the same to the purchaser either absolutely or by 
 way of ihd'rtgage as therein specified, in the same way as if 
 executed by himself when of sound mind. 
 
 6. When any guardian so appointed shall remove from Guardians, how 
 the prdvince, or become insane or otherwise incapable of gua?^lns,"how 
 
 '^ i<^iJ'; discharging his trust, or evidently unsuitable therefor, the appointed, 
 supreme court or a judge thereof, after notice to such 
 ^ guardian, if resident in the province, and to all others inte- 
 rested, may remove him ; and every guardian may, upon 
 his request, be allowed to resign his trust, when it shall 
 appear to the court or a judge proper to allow the same ; 
 and upon every such resignation or removal, and also upon 
 the death of any guardian, the court or a judge may 
 appoint another in his stead. 
 
 7. Every guardian shall give bond with sureties to her Guardians to 
 majesty, with the following conditions : ^er^ma^sty ° 
 
 First. — To make a true inventory of all the real estate, ^^t^*'""' "** 
 and all the goods, chattels, rights and credits of the insane 
 person that shall come to his knowledge, and to return the 
 same into the 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 
 
 tfU'i^mt^ 
 
592 LUNATICS. [PAET III. 
 
 Chap. 152. the insane person, and faithfully to discharge his trust in 
 relation thereto. wK 
 
 Thirdly.^ — To render an account on^th of the property 
 in his hands, including ihe proceeds of all real estate sold 
 by him, and of the management and disposition of all such 
 property, within one year after his appointmentj and at 
 such other times as the judge shall direct ; and — 
 
 Fourthly. — At the expiration of his trust to settle his 
 accounts with the court or a judge, or with the insane per- 
 son 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 estates and effects remaining in his hands or 
 due from him on such settlement to the person lawfully 
 1 entitled thereto. 
 Findineof jury 8. In all cases where it shall be given in evidence, upon 
 janepersons?' the trial of any person charged with treason, murder, or 
 felony, or any misdemeanor, that such person was insane at 
 the time of the commission of such offence, and such per- 
 son shall be acquitted, the jury shall be required to find 
 specially whether such person was insane at the time of the 
 commission of such offence, and to declare whether such 
 person was acquitted by them on account of such insanity, 
 and if they shall find that such person wijj^ insane at the 
 time of the committing such offence, the court, before 
 whom such trial shall be had, shall order such person to be 
 Custody of such kept in strict custody, in such place, and in such manner, as 
 persoQs. ^^ ^-^^ court shall seem fit, until the pleasure of the gover-' 
 
 nor in council shall be known ; and it shall thereupon be 
 lawful for the gove-rnor in council to give such order, for 
 the safe custody* of such person, during his pleasure, in 
 such place, and in such manner, as to the governor in coun- 
 cil shall seem fit ; and in all cases where any person has 
 been acquitted of any such offences, on the ground of insa- 
 nity at the time of the commission thereof, and has been 
 detained in custody as a dangerous person, by order of the 
 court before whom such person has been tried, and still 
 remains in custody, it shall be lawful for the governor in 
 council to give the like order for the safe custody of 
 such person, during his pleasure, as he is hereby enabled 
 to give in the cases of persons who shall hereafter be 
 acquitted on the ground of insanity. 
 Prooeodings on 9. If any person indicted for any offence shall be insane, 
 fH8aiil™rsonsf ^nd shall, upon arraignment, be found so to be, by a jury 
 lawfully empanelled for that purpose, so that such person 
 cannot be tried upon such indictment, or if, upon the trial 
 of any person so indicted, such person shall appear to the 
 jury charged with such indictment, to be insane, it shallbe 
 lawful for the court before whom any such person shall be 
 brought to be arraigned or tried as aforesaid, to direct such 
 fi'nding to be recorded, and thereupon to order su,ch person 
 to be kept in strict custody until the pleasure of the gover- 
 
TITLE 2XXVIII.] LUNATICS. 593 
 
 nor in council shall be known ; and if any person charged Chap. 15% 
 with any offence shall be brought before any court, to be 
 discharged for want of prosecution, and such person shall 
 appear to be insane, it shall be lawful for such court to 
 order a jury to be empannelled to try the sanity of such 
 person, and if the jury so empannelled shall find such per- 
 son to be insane, it shall be lawful for such court to order 
 such person to be kept in strict custody, in such place and 
 in such manner as to such court shall seem fit, until the 
 pleasure of the governor in council shall be known; and 
 in all cases of insanity so found, it shall be lawful for the 
 governor in council to give such order for the safe custody 
 of such person so found to be insane during his pleasure, 
 in such place, and in such manner, as to him shall seem fit. 
 
 10. And for the better prevention of crime being com- ApprehoDsion, 
 
 .,,,. . .p in IT T comrautal, ace 
 
 nutted by persons insane, it any person snail be discovered of insane per- 
 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 peace 
 of the county, before whom such person may be brought, 
 to call to their assistance any legally qualified physician or 
 surgeon, and if, upon order and examination of the said 
 person so apprehended, or from other proof, the said jus- 
 tices shall be satisfied that such person is insane, or a dan- 
 gerous idiot, it shall be lawful for the said justices, by war- 
 rant under their hands and seals, to commit such person to 
 the jail of the county, there to be kept in strict custody, until 
 such person shall be discharged by the order of two justices 
 of the peace, one whereof shall be one of the justices who 
 has signed such warrant, or by one of the judges of the 
 supreme court, or until such person shall be removed, by 
 order of the governor in council, to a proper lunatic asylum, 
 or to the custody of guardians appointed under this chap- 
 ter. 
 
 11. Any two justices may enquire into, and ascertain, ^^f^™n°e„'!"' 
 by the best legal evidence that can be procured, under the anoe, &c., of 
 circumstances of the personal legal disability of such insane persons, 
 person or dangerous idiot, the place of the last legal settle- 
 ment of such person, or of any other person now or here- 
 after tried and acquitted on the ground of insanity, or of 
 
 any person so found insane, under any of the provisions of 
 this chapter ; and it shall be lawful for the said two justices 
 to make an order, under their hands and seals, upon the 
 overseers of the poor of such township or place where 
 they adjudge him to be legally settled, to pay aU reasonable 
 charges of examining sUch person and conveying him to 
 such county jail, and to pay such weekly sum for his main- 
 tenance in such place of custody as they, or any two 
 justices, shall, by writing under their hands, from time to 
 time direct ; and where such place of settlement cannot be 
 
594 LUNATIC ASYLUM. [PAKT 01. 
 
 Chap. 152. ascertained, such order shall be made.iipotj the treasurer of 
 the couuty where such person shall have been in custody or 
 apprehended': provided always, that nothing herein con- 
 tained shall be construed to extend to restrain or prevent 
 any relation, guardian, or friend from taking such, insane 
 parson or dangerous idiot under his own care and protec- 
 tion, if he shall enter into sufficient recognizance for his 
 peaceable behaviour or safe custody, before two justices of 
 the peace, or the court of sessions, or one of the judges of 
 the supreme court: provided also, that the overseers of the 
 poor of the township or place in which the justices shall 
 adjudge any insane person or dangeorous idiot to be set- 
 Appeal, tied, may appeal against any such order, to the next general 
 or special sessions to be holden for the county where such 
 order shall be made, in like manner, and under the like 
 regulations and restrictions as against any order of removal, 
 giving reasonable notice thereof to the clerk of the peace 
 of the county upon whose rates the burthen of maintaining 
 such insane person or dangerous idiot might fall if such 
 order should be invalid ; and such, clerk of the peace shall 
 be respondent in such appeal, which appeal the justices of 
 the peace assembled at the said general or special sessions 
 are hereby authorized and empowered to hear and deter- 
 mine in the same manner as appeals .against orders of 
 removal are now heard and determined. 
 Expenses i.neur- 12. All charges hereinbefore mentioned, that may be 
 paicitutS the incurred by any overseers of the poor of any township or 
 ^ne'person ^°" pl*^*^®) ^^ ^7 ^^Y county. Under this chapter, the same being 
 first proved, on oath, before two justices, shall be re-paid to 
 th^ said overseers, or td the treasurer of the county, res- 
 pectively, 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 what will 
 maintain his family) which may, for that purpose, be seized 
 and sold by the said overseers or county treasurer, under 
 a warrant from two justices. 
 ' Physioian.when 13. Any person shall be deemed a legally qualified 
 qaaiifledtoact. physician or surgeou, for the purposes of this chapter who 
 would not be disqualified from recovering a fee or reward 
 for his professional services, by chapter fifty-seven. 
 
 :^f^^^.^. LUNATIC ASYLUM. 
 
 Tiue, otjeot. 14. The title of the above institution shall be the " pro- 
 vincial hospital for the insane," and its object shall be the 
 most humane and enlightened curative treatment of the 
 insane of this province. 
 Management, 15. The management of the hospital shall be vested in 
 how vested. ^ board of nine commissioners, to be appointed by the 
 governor in council, who are hereby created a body corpo- 
 rate, by the name of " the commissioners of the provincial 
 
TITLE XSXTIII.] LUNATIC ASYLUM. ' 595 
 
 hospital for the insane." The term of oflSce of three of the Chap. 152. 
 
 nine commissioners shall expire on the thirtieth day of June, 
 
 in the year one thousand eight hundred and sixty, and of 
 three others bi-ennially thereafter, on the same day of the 
 year. The vacancies shall be filled on the same day, or as soon 
 thereafter, as can be conveniently done, and retiring com- 
 missioners may be re-appointed. The order in which the Term of office 
 term of office of the first nine commissioners shall expire ersTappoTnt^' 
 shall be determined by lot, and shoiild any vacancy occur "'™'°''- 
 by death, resignation, or otherwise, such vacancy shall be 
 filled by appointment for the unexpired term of such com- 
 missioner. 
 
 16. The commissioners at their first meeting, to be called Krst meeting 
 by the senior commissioner, shall elect a treasurer, who oee'dings^at''™" 
 shall give bonds for the faithful discharge of his duties, in polntmlntT; 
 such sum and with such securities as may be required by salary of. 
 the governor in council, and shall receive such salary as 
 
 the commissioners may appoint, subject to the approval of 
 the governor in council. 
 
 17. The governor in council shall appoint a medical Medioai super- 
 superintendent, whose salary shall be three hxindred pounds stewarS^ma- 
 per annum, with the boarding and lodging of himself and meJlr^if"^*^ 
 femily — and also shall appoint on the nomination of the riesot 
 medical superintendent, a steward and matron, whose sala- 
 ries the governor and council shall determine. 
 
 ■ 18. The commissioners shall make all needful bye-laws B-y^jaws. 
 for the government of themselves and the hospital, not 
 inconsistent with this act nor with the laws of this province. 
 But before such bye-laws shall have effect they shall be Proviso, 
 submitted to and approved by the governor in council. 
 
 19. The commissioners shall visit the hospital at stated Kbmmiesipners-,; 
 
 .,,11, . J. , f. ., powers of, dm 
 
 periods, and shall exercise a careiul supervision over its laes of, &o,-. 
 expenditures and general operations. They shall make 
 annually to the governor, for the information of the legisla- 
 ture, a full account of their receipts and expenditures, and 
 a detailed report of the progress, the condition, and wants 
 of the institution, accompanied by a complete statement 
 and report from the medical superintendent of the stibjects 
 under his immediate supervision and control. The com* 
 missioners shall have the general control and' management 
 of all the property and concerns of the hospital, not other- 
 .wise provided for by law. 
 
 20. The commissioners may take and hold in trust for Mayhoid grant 
 the hospital any grant, devise of land, or any donation or 
 
 bequest of money, or other personal propertj', to be applied 
 to the maintenance of insane persons, or to the general use 
 of the hospital, or in such manner as shall have been or may 
 hereafter be devised. 
 
 21. No commissioner shall receive any compensation for Not to receive 
 
 , . . . . T 11 1 1 1 1 iY> compensation, 
 
 his services as commissioner, nor shall he hold any oiiice hold office, or 
 or employment connected with the hospital, from which any ^^ 3°'">"'y> '^« 
 38 
 
596 LUNATIC ASYLtJM. [PAET III. 
 
 Chap. 152 . emolument cf^n be derived, nor shall he be interested, as 
 security or otherwise, in any contract for or on account of 
 the hospital. 
 Medical super- 22. The medical superintendent shall be the chief exe- 
 iwro^n^re-""" cutive officer of the hospital. He shall be a well educated 
 miaes. physician, and shall with his family, reside on the premises, 
 
 and devote his whole time to the welfare of the institution. 
 Duties of. 23. He shall, subject to the approval of the commission- 
 
 ers, engage and discharge all needful attendants and assist- 
 ants for the care of the insane, and all servants connected 
 with the establishment, and all laborers on the farm, and 
 shall determine their wages and duties, subject to the judg- 
 ment and control of the commissioners. 
 Admission of 24. The admission of insane patients from the several 
 patten 8. counties of the province shall be in the ratio of their insane 
 
 population. 
 Insane paupers 25. The Several constituted authorities having care and 
 malntemmoeoi, charge of the poor in the respective counties, po,or districts, 
 •*<'• and townships, shall have authority to send to the hospital 
 
 when vacancies occur therein, and when they shall lae 
 entitled under this chapter, such insane paupers under their 
 charge as are most likely to be benefitted by hospital treat- 
 ment ; that is to say, cases of recent occurrence in prefer- 
 ence to those whose insanity has been of longer duration ; 
 and those counties, poor districts, or townships, shall be 
 severally chargeable with the expenses of the care and 
 maintenance, and removal to and from the hospital, of such 
 paupers as have obtained a settlement in their respective 
 counties, poor districts and townships. The overseers of 
 the poor, or other, constituted authorities, having care or 
 ■charge of the poor of such counties, poor, districts, or 
 townships, as well those then in office as those thereafter 
 ■coming into office, while the said expenses are accruing, 
 and until the same are fully paid, shall be answerable to the 
 (Commissioners for the amount from time to time due, as the 
 representatives of the counties, poor districts, and town- 
 ships, from which Jsuch pauper insane shall have been 
 sent to the .hospital. And it shall be the duty of the 
 oveEseers of the poor, or other constituted authorities, to 
 cause provision, from time to .time, to be* made for raising 
 fthe necessary funds by assessment, as in the case of other 
 charges for the support of the poor, so that the amounts 
 due to the commissioners for the care of such insane 
 paupers may be punctually paid as the same become due. 
 noasepatieitts 26. . If the guardians, overseers of the poor, or other 
 (^ not paid parties to whom the expense of any patient who shall be in 
 the hospital is chargeable, shall neglect, or upon demand 
 made shall refuse to pay to the commissioners the expense 
 of the care, maintenance and removal of such patient, and 
 also in the event of death, the funeral expenses of such 
 ipatient, the commissioners are hereby authorized and 
 
TITLE XXXVIII.] LUNATIC ASYLUM. 597 
 
 empowered to collect the same as debts of a like nature Chap. 152. 
 are now collected. ' 
 
 27. If application be made to any two justices of the Power of jug- 
 peace for the commitment to the hospital of any insane per- peace^to send 
 son within the county in which such justices have juris- """^""^ persona, 
 diction, it shall be the duty of such justices to enquire into 
 
 the fact of the insanity of such person, in the manner pro- 
 vided by section ten, and if satisfied that such person 
 is, by reason of insanity, unsafe to be at large, or is suffer- 
 ing any unnecessary duress or hardship, the justices shall, 
 on such application and proof, commit such insane person 
 to the hospital, provided there be at the time a vacancy for 
 such patient therein, and shall, if necessary, make an order 
 for payment of the expense of the care, maintenance, and 
 removal of such insane person. 
 
 28. Whenever there are vacancies in the hospital, the 
 
 board of commissioners may admit, under special agree- in case of ra- 
 ment, cases for which admission is sought— a preference mayadm^tpa- 
 being given to those of most recent occurrence, and hence *'®°'8- 
 most likely to be benefitted by hospital treatment. 
 
 29. When an insane person in indigent circumstances, , 
 whose insanity shall have commenced within a year prior to in case of indi 
 his or her admission, shall have been sent to the hospital whose Mends 
 by friends who have paid their bills therein for six months, nueToVay.''" 
 upon an application under oath in his or her behalf, stating 
 
 the inability to pay of the parties legally liable for his or 
 her support, the application being endorsed by one of the 
 commissioners of the hospital, the overseers of the poor, 
 or other constituted authorities of the place of legal settle- 
 ment of such insane person, are authorized and required to 
 raise a sum of money sufiicient to defray the expenses of 
 such insane person for one year, and to pay the same to the 
 treasurer of the hospital, and they shall repeat the same 
 for two succeeding years, upon like application, duly 
 verified. 
 
 30. Indigent persons and paupers shall be charged for 
 medical attendance, board, and nursing, while residents of Chp,rges 
 the hospital, no more than the actual cost; and patients who tSntsf •^^ 
 are not chargeable upon townships, districts, or counties, 
 
 shall pay according to the terms directed by the commis- 
 sioners, having relation to the accommodation desired and 
 afforded. 
 
 31. Th& commissioners, (upon the medical superinten- 
 dent's certificate of recovery, amendment, harmlessness, or Discharge of 
 unsuitableness), may discharge any patient, except those ^^ '*" '" 
 under a criminal charge, and the parties liable for the 
 maintenance of such patients shall be duly notified of such 
 discharge, and the terms thereof. Provided that patients 
 
 under a criminal charge shall be discharged only bj' an order Proviso, 
 from the governor in council. 
 
598 
 
 LUNATIC ASYLUM, 
 
 [PART in. 
 
 Chap. 152. 
 
 Bond for ex- 
 penses. 
 
 Medical certifi- 
 cate ^previous to 
 admission. 
 
 Medical man 
 not responsible 
 for certificate. 
 
 Resident offi- 
 cers, exemp- 
 tions of. 
 
 Commissioners 
 to erect water 
 tanlis, &c. 
 
 Miiy brealj up 
 streets. 
 
 Proceedings in 
 case commis- 
 sioners require 
 land, &C., for 
 tliepurpose of 
 obtaining; a 
 supply onwa- 
 ter, and cannot 
 agree witli the 
 proprietors for 
 it. 
 
 32. Parties committiBg insane patients to the hospital 
 shall execute a bond, with sufficient security, for payment 
 of expenses, which bond may be sued as often as shall be 
 necessary, and recovery had agreeably to chapter one hun- 
 dred and forty-four, " Of summary suits." 
 
 33. Before admission of a patient, there shall be pro- 
 duced a certificate, signed by two legally qualified medical 
 men engaged in actual practice, dated within one month 
 previously, stating that within that time they have per- 
 sonally and separately examined such patient, and believe 
 him or her to be insane. 
 
 34. No medical man shall be held responsible to any 
 patient or their representatives for any certificate thus 
 grante'd. 
 
 35. Resident ofiicers and other employees of the hos- 
 pital, while actually engaged as such, shall be exempt from 
 militia duty, from serving on juries, from county and town- 
 ship offices, and from performance of statute labour. 
 
 36. The commissioners ar3 authorized to take all proper 
 and necessary steps to ensure to the hospital an ample' 
 supply of water, and to cause all such reservoirs, tanks, 
 fountains, leaders, pipes, and tubes, as shall be requisite for 
 that purpose, to be laid and placed at proper and convenient 
 distances below the surface of any of the roads, streets, and 
 highways of the township of Dartmouth, and it shall be 
 lawful for the commissioners, after ten days notice given to 
 the commissioners of streets for the township of Dart- 
 mouth, to break up and open such of those roads, streets, 
 and highways, as may be necessary, and to keep the same 
 open for a reasonable time ; provided that such commis- 
 sioners of the hospital shall faithfully and carefully close 
 up, repair, and make good such roads, streets, and high- 
 ways, or otherwise they shall be liable to defray all expenses 
 that may be incurred by the commissioners of streets in 
 closing up, repairing, and making good the same. 
 
 37. Whenever there shall be a necessity for the com- 
 missioners to enter upon and take possession of any lands, 
 or lands covered with water, for the purpose of obtaining 
 ■such supply of water, and they cannot agree with the pro- 
 prietors of such lands, and lands covered with water, for 
 the sale or lease thereof, as may be required, they may 
 apply to the supreme court in term time, or to any two 
 judges in vacation, by petition, stating the nature and posi- 
 tion of the land, with the names of the owners or occu- 
 piers, so far as the same can be ascertained, and prayingfor 
 the apponitment of appraisers to value the land, and land 
 covered with water, and the interest and estate therein 
 required by the commissionei's, and praying also the trans- 
 fer, conveyance, and use thereof to such commissioners; 
 whereupon the court or judges shall appoint a time and 
 place for considering such petition, after proper notice in 
 
TITLE XXXIX.] LIMITATION OF ACTIONS. 599 
 
 writing given to all parties interested, to attend at srach Chap. 15.3. 
 time and place to be so appointed for that purpose; and at 
 such time and place such court or judges shall require the 
 commissioners to nominate one appraiser, and the parties 
 interested in such lands, and lands covered with water, to 
 appoint one appraiser, and such court or judge shall appoint 
 a third appraiser, and such appraisers shall be severally 
 sworn to the faithful discharge of their duties, before suck 
 court or judges; and shall thereupon proceed to make a 
 just and equitable valuation and appraisement of the fair 
 and reasonable value of such lands, or lands covered with 
 water, or of the fair annual rent thereof; and such apprais- 
 ers, or any two of them, shall make a return in writing to 
 the prothonotary of the supreme court at Halifax, to be by 
 him filed in his office ; and if such court or judges shall, on 
 application of the commissioners, be of opinion that the 
 appraisement or valuation has been fairly and impartially 
 made, they shall by rule or order confirm the same ; and 
 thereupon the persons entitled to receive th§ amount of 
 such valuation or appraisement shall be paid the same by 
 the commissioners, together with such reasonable 'costs and 
 expenses as such court or judges may direct. 
 
 TITLE XXXIX. 
 
 CHAPTER 153. 
 
 OF THE LIMITATION OP ACTIONS.. 
 
 1. No action of assumpsit, trespass quare clausum Actions wbioh 
 /regit, detinue, trover, replevin, debt grounded upon any bTOSJ''ht*withm 
 lending or contract without specialty or for rent, account, s« y«&rs. 
 
 or upon the case, shall be brought but within six years next 
 after the cause of action. 
 
 2. In actions grounded upon any simple contract, no a promise to 
 acknowledgment or promise, by words only, shall be deem- of the Sute' 
 ed sufficient evidence of a new or continuing contract, mu^t ')e in wn- 
 whereby to take any case out of the operation of the pre- tractors, eo-ex"- 
 ceding section, or to deprive any party of the benefit affeotl'dby'pro- 
 thereof, unless such acknowledgment or promise shall be ^^traotorco- 
 in some writing signed by the party chargeable thereby ; executor, &o. 
 and where there shall be two or more joint contractors or 
 executors or* administrators of any such contractor, no 
 
 such joint contractor, executor or administrator, shall lose 
 the benefit of the preceding section by reason only of any 
 written acknowledgment or promise made or signed by any 
 
600 LIMITATION OF ACTIONS. [PART HI. 
 
 Chap. 153. other of them. But nothing herein contained shall alter or 
 ~ take away, or lessen the effect of any payment of any prin- 
 
 cipal Or interest made by a.ny person whomsoever ; and in 
 any action to be commenced against two or more joint 
 contractors, or executors or administrators, if it shall appear 
 at the trial or otherwise that the plaintiff though barred by 
 this provision as to one or more of such joint contractors, 
 or executors or 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. 
 Issue on plea in 3. If any defendant in any action on any simple con- 
 non-joinder un- tract, shall plead any matter in abatement, to the effect that 
 ter.howfouML ^"Y Other porsOu ought to be jointly sued, and issue be 
 joined on that ^lea, and it shall appear at the trial, that the 
 action could not\ by reason of this chapter be maintained 
 against the other person named in such plea,, the issue 
 joined in such plea shall be found against the party plead- 
 ing the same. 
 Endorsements 4- No endorsement oi; memorandum of any payment, 
 eviJenM °°' Written or made upon any promissory note, bill of exchange 
 or other writing, by or on behalf of the party to whom 
 such payment shall be made, shall, be deemed sufficient 
 proof of such payment, so as to take the case out of the 
 operation thereof. 
 Set-off due on 5. This chapter shall apply to the case of any debt on 
 witfin the sta°' simple Contract, alleged by way of set off on the part of 
 tute. any defendant, either by plea, notice or otherwise. 
 
 a promise after 6. No actiou shall be maintained whcroby to charge any 
 adebt'oontiS person upon any promise, made after full age, to pay any 
 nor'mMtbein ^^^^ Contracted during infancy, or upon any ratification 
 writing. after full age, of any promise or simple contract made during 
 
 infancy, unless such promise or ratification shall bfe made by 
 some writing signed by the party to be charged therewith. 
 Provisions of 7. The provisions of the last five sections shall not 
 tims^Umitirto apply as against either the plaintiff or defendant in any 
 menoedSrist ^ction Commenced before the first day of April, one thousand 
 April, 1S53. eight hundred and fifty-three. 
 
 In ease of mu- 8. In an action to recover a balance due upon a mutual 
 S^n°g of'tho open and current account, where there have been recipro- 
 pu'tel''"" °°'"' ^'al demands between the parties, the cause of action shall 
 be deemed hereafter to accrue from the time of the last 
 item proved in the account claimed, or proved to be charge- 
 able on the adverse side. 
 Actions which ^' ^^ action of trespass for assault, battery, wounding 
 require to be or imprisonment, and no action on the case for words, and 
 one^year.^' '° no actiou Or prosccutiou for taking illegal interest, shall be 
 commenced but within one year next after the cause of 
 action, or after the offence was committed. 
 
TITLE XL. J COSTS AND FEES. 60 1 
 
 10. Actions by or against minors, married women, per- Chap. 154. 
 sons insane, imprisoned or out of the province, may be com- Actions against 
 menced within l^e like period after the removal of the dis- "'whauime'to' 
 ability, as is allowed, for bringing the action in ordinary *" ''™"s'''- 
 cases. 
 
 11. If in any action judgment be given for the plaintiff, wheujudgment 
 and the same be reversed by error, or if judgment be arrest- restes, when 
 ed after verdict, then the . plaintiff may commence a new Selirought™*'' 
 action within one year after such judgment reversed or 
 arrested. 
 
 • 12. No entry into any lands shall be made, or action SionfOTTaadl 
 therefor brought, but within twenty years after the right '<> be within 
 descended, or cause ot action accrued. 
 
 13. Minors, married women, persons insane imprisoned Minorsandper- 
 
 ,,,' . ,. '^ 1 ,■■ 1 1 sons under dis- 
 
 or out 01 the provmce, being .and continuing under such abilities, within 
 disability, may make such entry or bring such action within i^w^i'tTbrlng 
 ten years after the removal thereof But no such action ""''ens.- 
 shall be brought or entry made but within forty years after 
 the right or action shall have descended or accrued. 
 
 14. No claim for lands or rent shall be made by her ^^'ima^f^her 
 maiesty, but within sixty years after the right of action to majesty limited 
 recover such lands or rent shall have accrued. 
 
 TITLE XL- 
 
 CHAPTER 154. 
 
 OF COSTS AND PEES. 
 
 1. Pees for the services mentioned in the schedule to f^f/ 'barter '" 
 this chapter shall be as therein prescribed. prescribed. 
 
 2. Any person taking greater fees shall, for each offence. Penalty for ta- 
 forfeit to the party aggrieved ten pounds ; which sum, with fee's? ®^°''^''^'' 
 such excessive fees, may be recovered by him in an action 
 
 for debt. 
 
 3. Actions for such forfeitures shall be brought in the ^°fi?e°^X?r 
 county where the offence was committed, and within six J^^^jJ f^^e'''' 
 months next after the date of such offence. tion. 
 
 SCHEDULE. 
 
 i^ees to he taken at the provincial secretary's offlce, and paid 
 irdo the treasury. 
 
 Each certificate, under the hand of the governor and 
 the great seal of the province, one pound. 
 
 Each certificate, under the band of the governor and the 
 seal at arms, ten shillings. 
 
602 COSTS AND PEES. [PAET HI, 
 
 Chap. 154. Each certificate, tinder the hand and seal of the provin- 
 cial secretary, five shillings. 
 
 Every search, one shilling. 
 
 Copies of grants, proceedings in council, or other 
 papers, per folio, six pence. 
 
 Sheriff ^s fees. 
 
 Serving summons and making return thereof, XO 3 6 
 
 Serving every other writ of mesne process or 
 
 scire facias, and making return thereof, 5 
 
 Serving every execution and' making return 
 
 thereof, 5 
 
 Returning every execution where the same has 
 
 not been served, 16 
 
 Serving every writ of possession and making re- 
 turn thereof, 15 
 
 Travel per mile from the place of residence of the 
 
 sheriff to the place where he shall serve a writ, 6 
 
 One penny per mile from the place of residence 
 of the sheriff to the court-house where the writ 
 is returnable, provided the same be out of the 
 county and also provided' the writ be actually 
 served. 
 
 Every bail bond, 
 
 Summoning a jury in each cause, 
 
 Executing writ of inquiry, summoning jury, and 
 making return, 
 
 Returning every special jury. 
 
 On execution or attachment where a sale shall 
 take place extended on personal property, sale 
 and payment of the money to the ,party or his 
 attorney, as follows : • • 
 
 For any sum not exceeding £50, one shilling in 
 the pound. . -<~ 
 
 Prom £50 to £100, nine pence in the pound. 
 
 For all above £100, six pence in the pound. 
 
 In cases where there shall be no sale, one half 
 the above fees on payment of the money. 
 
 For making inventory of goods attached, such 
 reasonable fees as shall be taxed by the court 
 out of which the writ shall have issued. 
 
 For certifying copy of attachment levied on real 
 estate and making and delivering to the registrar 
 of deeds copy of the appraisement of the real 
 estate, 5 
 
 On the sale of all rekl estate, whether by virtue 
 of an execution or attachment, or by virtue of 
 any rule or order, an^ payment of the pro- 
 ceeds to the party or his attorney, six penpe in 
 the pound. 
 
 Every deed, 10 
 
 3 
 2 
 
 
 6 
 
 10 
 15 
 
 
 
 
TITLE XL.J 
 
 COSTS AND FEES. 
 
 Bringing np prisoner by habeas corpus, £0 
 
 Attending prisoner before judge on any special 
 
 occasion, 3 6 
 
 For every member returned duly elected to 
 serve in general assembly, to be paid out of 
 the treasury in lieu of all other expenses 
 chargeable upon the treasury, 1 10 
 
 For summoning the grand and petit juries, a sum 
 not exceeding £5 if allowed by the grand jury 
 and approved by the sessions. 
 
 Appraiser's fees. 
 For appraising goods or real estate taken under 
 
 attachment, each appraiser, 2 6 
 
 When property is extensive and comphcated, for 
 .;? each day actually employed, each appraiser, 3 6 
 
 ^ .' Juror's fees. ^.^^ <2...^ 
 Petit and special jurors, per day, 2 6 
 
 Travel per mile from place of residence to court 
 
 house, . 6 
 
 Witness' fees. 
 For attendance, per day, 
 Travel per mile, coming and going, 
 
 To be the same in every court. 
 
 Crier's fees. 
 For every default on non-suit, 
 " calling jury in each cause, 
 " every verdict, 
 " swearing every witness, 
 " discharging a party, by proclamation. 
 On every bill of costs taxed in the country, 
 " " " in Halifax, 
 
 Constable's fees in supreme court. 
 
 Attending jury in each cause. 
 Serving every warrant or summons. 
 Summoning a jury by warrant from coroner, and 
 
 attendance per day, 2 6 
 
 Travel per mile the same as sheriff. 
 
 ~ Coroner's fees. 
 
 For every inquisitipn, ingluding 12s. for fees of 
 jury and 2s. 6d, for fee 'of constable, to be paid 
 by the province, • ' 2 10 
 
 Any extraordinary and necessary expense attend- 
 ing the inquest or burial of a deceased person, 
 if approved of by the grand jury and court of 
 sessions, to be a county charge. 
 
 603 
 
 5 Chap. 154. 
 
 2 
 
 
 6 
 3 
 
 
 
 
 
 JWO 
 
 1 
 
 4 
 6 
 4 
 3 
 6 
 6 
 
 
 1 
 1 
 
 
 
 
604 COSTS AND FEES. [PART III. 
 
 Chap. 154. The same fees as a sheriff in cases where he 
 discharges the duty of a sheriff. 
 
 Arbitrator's fees under a rule of court. 
 Reasonable fees to be taxed. 
 
 COURT OF MARRIAGE AND DIVORCE. 
 
 For the governor, vice president and judges, for 
 
 each day they shall actually attend, each, £1 
 
 Advocate and proctor's fees. 
 
 Retaining fee for counsel, 13 4 
 
 Proxy, 6 8 
 
 Draft of libel or other pleading, per folio, 10 
 
 Engrossing same, pier folio, - 6 
 
 Entering appearance, 3 4 
 
 Every subpoena, citation or other writ, 5 
 
 Copies for service, each, 16 
 Drawing affidavit of service of subpoena, citation, 
 
 or other process or proceeding, 2 
 
 Every petition necessary in conducting a cause, 3 4 
 
 Every order, 3 4 
 Counsel fee on making or defending every special 
 
 motion, not to exceed 1 3 , 4 
 Drawing brief in every cause, per folio, 10 
 Counsel fee for examining and signing each plead- 
 ing, 11 8 
 Draft of interrogatories, per folio, 10 
 Engrossing ditto, 6 
 Counsel fee on hearing or argument, not to exceed 3 10 
 Making up bill 'of costs, 3 4 
 Servijfg every subpoeQa, or other writ or order, 3 6 
 Travel per mile from the residence of the party 
 
 making service to the place of service, 3 
 
 Every necessary attendance on the registrar, 6 8 
 
 Draft of decree, per folio, 6 
 
 Engrossing ditto, 6 
 
 Begistrar's fees. 
 
 Entering and filing every bill, 2 6 
 
 Entering and filing every other pleading, .01 6 
 
 Piling all other papers, each, 6 
 Signing and sealing every writ, and certifying 
 
 copies, 2 6 
 
 Every search, 10 
 
 Copies of all papers, per folio, 6 
 
 Drawing and signing every rule or order, 10 
 
 Every necessary attendance on the vice-president, 5 
 
 Every court day, 5 
 
 On procuring signature of final decree, 6 8 
 
TITLE XL.J COSTS AND FEES, 605 
 
 Oommissioners on examination of witnesses. Chap. 154. 
 
 For taking the examination of every witness, 
 
 each commissioner per day, £1 3 4 
 
 PBOBATECOUBT. « 
 
 Judge's fees. 
 
 Where the estate does not exceed £100 and there 
 
 is no contest, in full of all fees, 10 
 
 Where the estate does not exceed £200 and there 
 
 is no contest, in full of all fees, 1 10 
 
 Every citation, including order for the same, 2 
 
 Every order not herein specially provided for, 2 
 
 For the probate of a will or letters of administra- 
 tion where the estate does not exceed £200, 
 and order for the same, 16 8 
 
 Ditto, ditto, when above £200 and not exceeding 
 
 £1000, and order, 10 
 
 Ditto, ditto, when above £1000, and order, 2 6 8 
 
 For warrant of appraisement and order for the 
 
 same, 2 6 
 
 For every subpoena, attachment, execution, or 
 other process not otherwise provided for, in- 
 cluding order for the same, 10 
 
 Letters ad colligendum, 10 
 
 Sentence or decree in ordinary cases of granting 
 licenses to sell, mortgage or lease real estate, 
 passing accounts of distribution, &c., 10 
 
 Sentence or decree for probate of a will or codi- 
 cil, letters of administration, or granting license 
 to sell, mortgage or lease real estate, passing 
 accounts of distribution, &c., where there is a 
 contest, _ _ 1 10 
 
 Transmitting appeal with statement of decision, 13 4 
 
 Taking testimony in writing where there is a con- 
 test, per folio, 10 
 
 Warrant for appraisers to divide real estate, .on 
 petition of parties, _ 5 
 
 Dedimus potestatem to take deposition of wit- 
 nesses and order therefor, _ 5 
 
 Appointing and allowing guardians to minors, 
 
 and order therefor, ? "*■? 2 
 
 Every oath administered by him, 
 
 Examining and taxing costs, 
 
 10 
 2 6 
 
 Begistrar's fees. 
 
 Where the estate does not exceed £100 and there 
 
 is no contest, in full of all fees, 1 
 
 Where the estate does not exceed £200 and there 
 
 is no contest, in full of all fees, 1 10 
 
606 COSTS AND PEES. [PART III. 
 
 CuAP. 154. For filing every paper, £0 4 
 
 Probate of will and letters of administration and 
 
 entry or order therefor, where the estate i's 
 
 under £200, .16 8 
 
 H "Where estate is above £200 and does not exceed 
 
 £1000, and entry of order, 1 
 
 Where estate is above £1000, and entry of order 
 
 therefor, 2 6 8 
 
 Letters of guardianship or ad ooUigendum, and 
 
 entry of order, 
 Copy of will and probate, per folio. 
 For preparing bond in all necessary cases, 
 Preparing citation and seal. 
 Each copy thereof. 
 Preparing necessary affidavits, each, 
 Filing every warrant and seal, 
 
 " every certificate of licence to sell real estate, 
 For all copies of papers, per folio. 
 For every certificate and dedimus potestatem, 
 For entry of every decree in registry book, and of 
 
 every order not specially provided for, per folio, 
 Every search or inspection of documents, 
 Preparing subpoena and seal, 
 Piling each ticket for the- same. 
 Filing every caveat or appeal, 
 Preparing every execution, attachment, or other 
 
 process not specially provided for, and entry 
 
 of order therefor, 
 Filing every decree, 
 Every oath administered by him. 
 Taxing costs, 
 
 Proctor and advocaie^s fees. 
 
 Taking instructions for client to commence or 
 defend proceedings in probate court, 
 
 Preparing every petition. 
 
 Preparing every allegation or other paper neces- 
 sary to be prepared by him, per folio, 
 
 Every additional copy thereof, per folio, 
 
 Every necessary attendance on judge, 
 
 Every hearing or argument before the judge, not 
 less than half a guinea nor more than two 
 guineas, at the discretion of the judge. 
 
 Serving every notice or other paper, on each 
 
 person, 10 
 
 .Sheriff or -other ministerial officer's fees. 
 
 Serving citation or other process, (subpoena ex- 
 cepted), on each person, 2 6 
 
 Posting up same in three public places directed 
 
 by the judge, 5 
 
 
 
 10 
 
 
 
 
 
 
 
 6 
 
 
 
 4 
 
 
 
 
 
 2 
 
 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 2 
 
 6 
 
 
 
 5 
 
 
 
 
 
 
 
 6 
 
 
 
 5 
 
 
 
 
 
 
 
 6 
 
 
 
 1 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 6 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 10 
 
 
 
 
 
 1 
 
 
 
 
 
 2 
 
 6 
 
 
 
 10 
 
 
 
 
 
 3 
 
 4 
 
 
 
 1 
 
 
 
 
 
 
 
 6 
 
 
 
 6 
 
 8 
 

 
 2 
 
 
 
 
 
 
 
 6 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 6 
 
 
 
 
 
 6 
 
 
 
 2 
 
 6 
 
 TITLE XL.j COSTS AND FEES. 607 
 
 Serving subpce-na on each person, £0 10 Chap., 154. 
 
 Travelling fees same as in supreme court. 
 
 Appraiser's fees. 
 
 For appraising the estate of a deceased person 
 ■ not to exceed, for each day they shall be actu- 
 ally employed, 10 
 
 magistbate's couet. 
 Justice's fees. 
 
 Each summons or capias, and copies thereof, 
 
 Affidavit for a capias and swearing. 
 
 Subpoena and tickets. 
 
 Trials and judgment in all causes, 
 
 Venire, 
 
 Eeturning papers on appeal to supreme court. 
 
 Each execution, 
 
 Affidavit of service of summons when required 
 
 and swearing, 
 Affidavit on appeal and swearing. 
 Appeal bond, 
 
 AH fees taken in any suit wherein the services 
 and presence of two justices are required as^ 
 well as for the execution therein, except for 
 returning the papers on appeal, to be divided be- 
 tween the two justices acting therein as follows, 
 two-thirds to the justice first applied to, and the 
 remaining third to the other. 
 
 Constable's fees. 
 
 Serving summons and making return. 
 
 Serving capias and making return. 
 
 Bail bond, 
 
 Summoning a jury, 
 
 Summoning each additional juror where there 
 are not sufficient bye-standers, 
 
 Serving subpoena, each witness, 
 
 Serving execution, 
 
 Poundage on execu|ion on sale of goods. 
 
 Poundage on execiraon where the amount is paid 
 in money, for each pound, 3 
 
 All travelling to te computed from residence of 
 justice to residence of defendant, on summons, 
 capias or execution ; and frorh residence of 
 officer to residence of witness, on subpoena, 
 each mile when necessarily done, 3 
 
 In cases of execution levied on the bbdy, travel- 
 ling to be computed from residence of officer 
 to that of defendant and thence to place of con- 
 finement, each mile, 3 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 3 
 
 
 
 
 
 6 
 
 
 
 1 
 
 
 
 
 
 
 
 6 
 
608 COSTS AND PEES. [PAKT III. 
 
 Chap. 154. Where subpoenas are served by a constable, travel 
 shall not be charged for serving each witness, 
 but only so much travel as may be actually and 
 necessarily performed by the constable in serv- 
 ing all the subpoenas. 
 
 Witness' fees. 
 
 Each day in actual attendance, ,£0 2 6 
 
 All travelling, to be computed from the residence 
 
 of the witness to the place of trial, per mile, 4 
 Note. — If the witness at the time of being ser- 
 ved with the subpoena demands his fees, he shall 
 not be bound to attend unless fees equal to one 
 day's attendance and his travel as above, be ten- 
 dered to him at the time, or at such other reason- 
 able time before the day of trial, as to admit of 
 his attendance with certainty. 
 
 Juror's fees. 
 Each juror on every trial, 10 
 
 Fees of Jailer or Icee^er of lock-uja house. 
 
 For ever^person committed to jail, 2 6 
 
 For every person discharged therefrom, except 
 
 insolvents, 2 • 
 
 BASTAEDY CASES. 
 
 Justice's fees. 
 
 The examination of the woman in writing, 10 
 
 Warrant to apprehend the reputed father before 
 birth of the child. 
 
 Bond to indemnify the township or district. 
 
 Warrant to bring the reputed father and mother 
 before the justices. 
 
 All commitments, each, 
 
 Bond to perform order of filiation, whether on ap- 
 peal or otherwise, 3 
 
 Warrant to apprehend the reputed father when 
 he shall not have appeared at the time of 
 making order of filiation, 2 
 
 Order of filiation, pei* folio, 6 
 
 ConstcAle's fees. 
 The same as in other cases before justices. 
 
 registrar's of DEEDS FEES. 
 
 For the attestation of a subscribing witness, 10 
 
 For entering and registering every deed or con- 
 veyance, every 100 words, 6 
 
 
 
 
 2 
 3 
 
 
 
 
 
 
 
 3 
 
 1 
 
 
 
 
TITLE XL.] COSTS AND PEES. 609 
 
 For entering every docket of judgment or attach- 3'' Chap. 154. 
 ment with appraisement, j£0 2 6 
 
 For entering and filing a discharge of judgment 
 
 or attachment, « 10 
 
 For every certificate of registry written on any 
 deed or conveyance, (not to be charged in case 
 of judgment or attachment, or discharge there- 
 of, or of the release of a mortgage,) 10 
 
 For every ofiice copy from the books of.registry 
 
 delivered out, 100 words, 6 
 
 For every certificate upon such office copy where 
 
 such shall be required, . 10 
 
 For every search, whether for a single deed or 
 conveyance, or for a single title, made on one 
 and the same day, 10 
 
 FEES ON DISTRESS FOE RENT. 
 
 Warrant to bailiff, 
 
 Ajppraisement, 
 
 Notice and each necessary copy. 
 
 Appraisers, each, 
 
 On a sale, the same fees as to a sheriff. 
 
 No custody money to be allowed. 
 
 
 
 2 
 
 6 
 
 
 
 1 
 
 
 
 
 
 
 
 6 
 
 
 
 1 
 
 3 
 
610 
 Chap. 155. 
 
 CRIMES AND MISDEMEANORS. 
 
 [PAET IV. 
 
 PART lY. 
 
 OF THE CRIMINAL LAW AND THE ADMINISTRATION OF 
 OF CRIMINAL JUSTICE. 
 
 Treason defin- 
 ed ; puniah- 
 ment. 
 
 Proceedings 
 and evidence to 
 be as in Eng- 
 land. 
 
 TITLE XLI. 
 
 OF OFFENCES AGAINST THE GOVERNMENT. 
 
 CHAPTER 155. 
 
 'OP TREASON. 
 
 1. Whoever shall compass or imagine the death of the 
 queen, or of her eldest son and heir, or shall levy war 
 against her, or adhere to her enemies giving to them aid or 
 comfort, and shall thereof be duly convicted, shall be 
 declared and adjudged to be a traitor, and shall suffer death 
 and forfeiture as in cases of high treason. 
 
 2. All acts of the imperial parliament, directing the 
 proceedings and evidence on trials for high treason in 
 England, shall have their full force and effect, and be ob- 
 served as the rule on trials for high treason in this pro- 
 vince. 
 
 Penalty for as- 
 aisting desert- 
 ers, or procu- 
 ing desertion. 
 
 Penalty for re- 
 ceivln'- regi- 
 mental neces- 
 saries, &c. 
 
 CHAPTER 156. 
 
 OP OFFENCES RELATING TO THE ARMY. AND NAVY. 
 
 1. Whosoever shall procure or solicit any soldier, sea- 
 man, or marine, to desert her majesty's service, or shall 
 assist any deserter from her majesty's service in deserting, 
 or concealing himself from such service, knowing him to 
 be a deserter, shall forfeit not less than twenty pounds, nor 
 more than fifty pounds ; and in default of payment shall be 
 committed to jail for a term not exceeding twelve months. 
 
 2. Whosoever shall buy, exchange, or detain, or other- 
 wise receive from any soldier or deserter, any arms, clothing, 
 or furniture, belonging to her majesty, or any such articles 
 belonging to any soldier or deserter, as are generally deem- 
 
TITLE 2LI.] CRIMES AND MISDEMEANORS. 611 
 
 ed regimental necessaries, according to the custom of the Chap. 156. 
 
 army, or shall cause the colour of such clothing or articles 
 
 to be changed, or shall exchange, buy, or receive from 
 any soldier, any provisions without leave, in writing, 
 from the officer commanding the regiment, or detach- 
 ment to which such soldier shall belong, shall forfeit 
 not less than five pounds, nor more than ten pounds, and in 
 default of payment shall be committed to jail for a term 
 not exceeding nine months. 
 
 3. Whosoever shall buy, exchange, or detain, or other- oli^nf jfeoe™' 
 wise receive from any seaman or marine, upon any account sariesiromma- 
 whatever, or shall have m his possession any arms or cloth- men. 
 
 ing, or any such articles belonging to any seaman, marine, 
 or deserter, as are generally deemed necessaries, according 
 to the custom of the navy, shall forfeit not leas than fifteen 
 pounds nor more than thirty pounds, and in default of pay- 
 ment shall be committed to jail for a term not exceeding 
 nine months. 
 
 4. All forfeitures incurred under the preceding sections Recovery of 
 may be recovered, without any reference to the amount of ^ "'^ 
 such forfeitures, by summary process before any two jus- 
 tices of the peace, except in the city of Halifax, where the in city of Haii- 
 same may be recovered before the mayor and one alderman, 
 
 or the recorder and one alderman ; and one half of such 
 forfeitures shall in each case be paid to the party on whose 
 information or through whose means the person accused 
 shall have been convicted. 
 
 5. An appeal from the decision of such justices or city Appeal, 
 authorities to the supreme court shall be allowed, on a bond 
 
 to respond the judgment on such appeal being entered into 
 
 by the appellant, with two sufficient securities in double 
 
 the amount of the forfeiture appealed against ; and in case 
 
 of such prosecutions or ^f such appeals the examination of ^ftn™'°^*about 
 
 any soldier, seaman, or marine, liable to be ordered from to leave pro- 
 
 the province, or of any witness, sick, infirm, or about to ''^''^' 
 
 leave the province, may be taken de iene esse before any 
 
 commissioner, in like manner as depositions in civil cases 
 
 are now taken. 
 
 6. Any person reasonably suspected of being a deserter ^^'P,'gp^™X"g 
 from her majesty's service, maybe apprehended and brouglit serters. 
 
 for examination before any justice of the peace ; and if it 
 shall appear that he is a deserter, he shall be confined in 
 jail until claimed by the military or naval authorities, or 
 proceeded against according to law. 
 
 7. No person shall break open any building to search J^l't^o^^?"'' 
 for a deserter, unless he shall have obtained a warrant for ''^^'J^jf fj.jj°ggj,; 
 that purpose from a justice of the peace, such warrant to ters.° " ^^"' 
 be founded on affidavit that there is reason to believe that 
 
 the deserter is concealed in such building, and that adrnit- 
 tance has 'been demanded and refused; and any person gistiijswarraifti 
 39 
 
612 CEIMES AND HISDEMEANOES. [PAET IT. 
 
 Chap. 157. resisting the execution of any such warrant shall forfeit 
 
 twenty pounds. 
 Justice of the 8. Any justice of the peace, upon inforraation on oath^ 
 wai°alftsf'^™° may issue a warrant against persons charged with any of 
 
 the offences mentioned in this chapter as in the case oi 
 
 other criminal offences. 
 
 CHAPTEB 157. 
 
 OF OFFENCES AGAINST EELIGION. 
 
 Penalty for dig- 1. Whosocver shall maliciouslv disturb any congreffa- 
 assembled for tion 01 persous assembled tor rehgious worship, or shall 
 public worship. jjjQjggt any preacher or person officiating at such congrega- 
 tion, or any persons there assembled, upon conviction before 
 a justice of the peace shall forfeit not less than ten nor 
 more than- forty shillings, and in default of pajnnent shall 
 be committed to jail for a term not less than twenty-four 
 hours nor more than ten days. 
 Fine for dese- 2. A'uy pcTson who shall be convicted before a justice 
 Lord's day. of the peace of shooting, gambling, or sporting,, of frequent- 
 ing tippling houses, or of servile labor, works of necessity 
 and mercy excepted, on the Lord's day, shall for every 
 offence, forfeit not less than five nor more than fortj- shfl- 
 lings, and in default of payment shall be committed to 
 jail for a term not less than twelve hours nor more than 
 four days. 
 ?ouraadother ^- ^^ ^^^ person shall, by riotaus or disorderly conduct 
 meetings or | or language, or by discharging firearms, or by fire-works, 
 tongioga ions. • ^^ ^^ cries Or other noises, wantonly or maliciously disturb 
 the peace and quiet of any assemblage of persons lawfully 
 convened for any religious, moral, social or benevolent 
 purpose, he shall, for every offence, forfeit a sum not less 
 than ten shillings nor more than forty shillings. 
 Loosing or in- H 4. If any person shall wilfully or wantonly untie,- re- 
 
 3 unng horses, i x i i- n ■ ■ t 
 
 &o., in vicinityj move, OF let looso, distigure, or injure any horse;' or remove 
 i'ngs""'' '"^^'" or meddle with, injure or destroy any vehicle; or cut, in- 
 jure, or destroy aiiy harness connected with swah horse or 
 vehicle, while the same are in the vicinity of any place 
 where such meeting may be in the act of being held, he 
 shall, for every offence, forfeit a sum not less than ten shil-' 
 lings nor more than forty shillings. 
 Arrestandpun- 5. Any person offending against the provisions of the 
 enders. third and fourth clauses of this chapter, may be arrested on 
 
 • view by any peace officer present at such meetiag, or by 
 any other person thereto verbally authorized by any justice 
 
TITLE XLI.] CRIMES AND MISDEMEANORS. 'CIS 
 
 of the peace present thereat, and such offender shall there- Chap. 158 
 upon be committed to the county gaol until he shall find ' ~" 
 security, to the satisfaction of a justice, for his good 
 behaviour, and to pay any fine or penalty that may be lim- 
 posed upon him on any prosecution for such offence. 
 
 CHAPTER 158, 
 
 OP O^PFENCES AGAINST PUBLIC MORALS. 
 
 1. Any person who shall be convicted of drunkenn-ess Kne fot tonnw 
 either on view or upon oath before a justice of the peace,. «'"^<^=s- 
 shall, for every offence, forfeit not less than five nor more 
 
 than twenty shillings, and in default of payment shall be 
 ■committed to jail for a term not less than twelve houra nor 
 more than four days. 
 
 2. Any person who shall be convicted of incest shall foniahment for 
 be guilty of a misdeameanor, and shall be imprisoned for a '™®^'" 
 term not, exceeding two years. 
 
 3. Any person who shall be convicted of keeping a com- Punishmenii for 
 mon gambling house, bawdy house or other disorderly bHne°lawdX' 
 house, room or place, shall be imprisoned for a term not or^a'isorderiy 
 ■exceeding two years. 
 
 4. Any person who shall appear or act as master or who may be 
 mistress, or as having the care or management of any orSict hopse! 
 gambling house, bawdy house or other disorderly house, 
 
 shall be deemed to be the keeper thereof, and shall be pro- 
 secuted and punished as such, notwithstanding he or she 
 shall not in fact be the real owner or keeper thereof. 
 
 5. Any person who shall keep a common gambling Trial and pun: 
 house, or disorderly house, shop, room, or place, may be f|n™™! "^ °^ 
 summarily tried and convicted before two justices of the 
 
 peace, or, if in the city of Halifax, before the police court ; 
 and, on conviction, shall be punished by a fine, not to 
 exceed five pounds, or by imprisonment in jail or bridewell, 
 with or without hard labour, for a term not exceeding one 
 month, or be both fined and imprisoned as the said justices 
 or police court may direct. 
 
 6. Any justice of the peace, or, if in the city of Halifax, Any justice, &o^ 
 the mayor or any alderman, may, at any time of the night wtng* houses^' 
 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 Fineforprofan 
 hearing of a justice of the peace, or who shall be convicted ^^®^""=' 
 
'614 CRIMES AND MISDEMEANOES. [PART lY, 
 
 Chap. 159. thereof, shall forfeit two shillings for the first offence, and 
 for a second offence double, and for a third offence treble 
 that sum, and in default of payment shall be committed to 
 jail for a term not less than two nor more than twelve 
 hours. 
 up"or%l?tioi-^ ^- Whoever shall undertake or set up, or shall by writing 
 pating in teto- or printing, publish the undertaking or setting up, of any 
 lottery or raffle for money or goods, with intent to have 
 such lottery or raffle drawn or thrown, or to induce per- 
 sons to purchase tickets or to give money or other valu- 
 ables for any such lottery or raffle, or shall play, throw or 
 •draw at such lottery or raffle, or shall purchase any lot or 
 ticket for any "such lottery, or shall take part in any such 
 raffle, shall forfeit a sum not exceeding ten pounds, and in 
 default of payment shall be committed to jail for a period 
 jiot exceeding thirty days. 
 
 CHAPTER 159, 
 
 OP OFPENCEg AGAINST THE LAW OF MARRIAGfE. 
 
 Punishm^t for 1. Whosoever being married, shall marry any other per- 
 igamy, o. ^^^^ during the life of the former husband or wife, whether 
 the second marriage shall have taken place in the province 
 or elsewhere, shall be guilty of felony, and shall be im- 
 prisoned for a term not exceeding two years, and fined at 
 the discretion of the court. 
 Cases excepted 2. Provided that nothing in the last preceding section 
 tionofprovf(ms shall extend to any second marriage contracted out of this 
 section. province by any other than a subject of her majesty, or to 
 
 any person marrying a second time whose husband or wife 
 shall have been continually absent from such person for the 
 space of seven years then last past, and shall not have been 
 known by such person to be living within that time, or shall 
 extend to any person who at the time of such second mar- 
 riage, shall have been divorced from the bond of the first 
 marriage, or to any person whose former marriage shall 
 have been declared void by the sentence of any court of 
 competent jurisdiction. 
 Penalty and 3. Whosoever not being thereto duly authorised shall 
 Siegaiiyoffiola- presume to solemnize or celebrate marriage, or shall offici- 
 ting at the so- ate or assist in solemnizing or celebrating any manage, 
 
 leninizatlon of , ,, p , „ r i" -j. j. j_i j' i 
 
 matrimony. shall, tor every such offence, torieit, to the use oi her ma- 
 jesty, a sum not exceeding one hundred pounds, nor less 
 than twenty-five pounds, and suffer twelve months impri- 
 sonment notwithstanding such marriage shall be invalid by 
 law. 
 
TITLE XLL] CftlMES AND MISDEMEANORS. 615 
 
 Chap. 160. 
 CHAPTER 160. , 
 
 OP OFFENCES AGAINST THE PUBLIC PEACE. 
 
 1. If any persons to the number of twelve or more, being punishment for 
 unlawfully assembled together to the disturbance of the persons reimin- 
 public peace, and being required by the sheriff, or a iustice mg riotously 
 
 ^r ,1 r ±1 J. c -J. 1 1 assembled after 
 
 01 the peace ot the county, or or any city where such as- proclamation, 
 sembly shall be, by proclamation, to be made in the form 
 hereinafter directed, to disperse themselves, shall, to the 
 number of twelve or more, unlawfully, riotously andtumul- 
 tuously continue together by the space of one hour after 
 such proclamation made, such offenders shall be imprisoned 
 for any term not exceeding four years. 
 
 2. The order and form of such proclamation shall be as Form ofprooia 
 follows, that is to say, the person authorized to make such °'*''°°- 
 proclamation shall, among the rioters, or as near as he can 
 
 safely come, with a loud voice command silence, and make 
 proclamation in the words following or to the like effect: 
 — " Our sovereign lady the queen charges and commands 
 all persons being here assembled immediately to disperse 
 themselves, and peacefully depart to their habitations or to 
 their lawful business, or they will incur the penalty of the 
 law against unlawful assemblies. God save the queen. 
 
 3. Whosoever shall forcibly oppose or in any manner Punishment for 
 obstruct any person lawfully making or endeavoring to tymakilg pro- 
 make such proclamation, shall be imprisoned for a term not "lamation. 
 exceeding two years. 
 
 4. If any persons to the number of twelve or more, punishment for 
 being unlawfully assembled together, to whom proclamation gl^^biedWhere 
 should or ought to have been made if the same had not proclamation is 
 been obstructed, shall, knowing of such obstruction, con- ° 
 
 tinue together and not disperse themselves within one hour 
 after such obstruction made, such offenders shall be im- 
 prisoned for a term not exceeding two years. 
 
 5. If three or more persons shall assemble, or having Punishment 
 assembled shall continue together, with intent without law- ^^^^Jj^rsons" 
 ful authority, to execute any common purpose with force unlawfully as- 
 
 ,., •'' . -1, 1, ij. semble or oon- 
 
 and violence, or m so violent and tumultuous a manner, or tinue assem- 
 under such circumstances as are calculated to create terror ^^^'^- ■' 
 
 and alarm amongst her majesty's subjects, such persons 
 shall be imprisoned for a term not exceeding two years. 
 
 6. If any persons unlawfully assembled together to the Punishment for 
 disturbance of the public peace, shall damage or destroy "°ig^^iama-°* 
 any church, chapel, or meeting house for the exercise of ging ohurciies 
 
 y. . ' . f ' 1 -1 r- J.- or maehmery. 
 
 rehgious worship, or any building or erection, or any ma- 
 chinery whether fixed or moveable, prepared for or em- 
 ployed in any manufacture, such offenders shall be im- 
 prisoned for any term not exceeding two years. 
 
61 G CMMES AND MISDEMEANOES. [PART IV. 
 
 Chap. 16L 7. If two or more persons shall fight together in a pub- 
 Punishment for Hc place, in such a manner and under such circumstances 
 public fighting, as are calculated to create terror and alarm amongst her 
 majesty's subjects, such persons shall be committed to jail 
 for a term not exceeding three months. 
 Punishment for 8. If two or more persons shall openly, carry dangerous 
 gerous''wei^''" ^^^ unusual Weapons in any public place, in sach a manner 
 p«ns. and under such circumstances as are calculated to create 
 
 terror and alarm amongst her majesty's subjects, such per- 
 sons shall be committed to jail for a term not exceeding 
 twelve months. 
 Kiotous or dis- 9. If any person shall, by discharging fire-arms, or by 
 ?n streets'or ""^ riotous Or disorderly conduct in any street or highway, 
 highways. wantonly or maliciously disturb the peace and quiet of the 
 inmates of any dwelling house near such street or highway, 
 he shall, for every offence, forfeit a sum not less than ten 
 shillings nor more than forty shillings. 
 
 CHAPTER 161. 
 
 OF OFFENCES AGAINST THE ADMINISTRATION OP JUSTICE. 
 
 Punishment for 1. Whospevcr shall assault a peace or revenue officer in 
 pSTc" Jr°rlv^e- the cxecution of his duty, or any person acting in aid of 
 nue officer. such officcr, shall be committed to jail for a term not ex- 
 ceeding two years and fined at the discretion of the 'court. 
 Punishment for 2. Whosoevor shall assault any person with intent to re- 
 the apprehen- sist the lawful apprehension or detainer of the party so 
 son'so assauu- assaulting. Or of any other person for any offence for which 
 '°s- he may be liable to be apprehended or detained, shall be 
 
 committed to jail for a term not exceeding two years and 
 fined at the discretion of-the court. 
 Punishment lor 3. Whosoover shall maliciously shoot at any person, or 
 stebwnllc.to ^hall attempt to discharge any kind of loaded arms at any 
 resist the ap- persou, or shall maliciously stab, cut or wound any person, 
 
 T)r6il6IlS10Il 01 fli */ J J 1. I 
 
 party accused, with intent to resist the lawful apprehension or detainer of 
 a party accused of any offence for which he may be liable 
 to be apprehended, shall be imprisoned for a term not ex- 
 ceeding seven years. 
 Punishment for 4. Whosoever shall be convicted of perjury or suborna- 
 G"a'uon'^of"" tioii of psrjury, shall be imprisoned for a term not exceed- 
 peijury. Jug geven year.=. 
 
 Punishment for 5. Whosoever shall be convicted of any rescue or breach 
 hrS of pri- of prison, shall be imprisoned for a term not exceeding two 
 
 P ° ishment for y®^"-'^- 
 
 false or™ers,oer- 6. "Whosoever having the custody of anj'- public records, 
 pubuo^reoords"^ ^^^^ Certify an order as true, knowing the same to be false, 
 
TITLE XLI.] CRIMES AND MISDEMEANORS. gl7 
 
 or make any false copy or certificate of any indictment or Chap. -lef. 
 
 conviction, or shall utter any such copy or certificate with '- -* 
 
 a false or forged signature thereto, or make any false cer- 
 tificate of registry, knowing the same to be false or forged, 
 shall be imprisoned for a term not exceeding three years. 
 
 7. Whosoever shall sfeal, or shall for any fradulent Punishment for 
 purpose take from its place of deposit for the time being, fudnL°°doou-"" 
 or from any person having the lawful custody thereof, or "e™ witt°'the' 
 shall maliciously obliterate, injure or destroy any document administration 
 connected with the administration of justice shall be im- "^■'"'"™' 
 prisoned for a term not exceeding two years and fined at 
 the discretion of the court. 
 
 8.' Whosoever shall corruptly take any money or other Punishment ftr 
 reward under pretence of helping any person to any chat- ?n"'rSdi5'f,"r 
 tel, valuable security or moveable thing, which shall have tol'tofen'S'-* 
 been stolen, taken, detained or converted, shall, unless the tels.seeuritfer,' 
 •person so taking such money or reward shall cause the *°' 
 offender to be apprehended and brought to trial for the 
 same, be guilty of felony, and shall be imprisoned for a termi 
 Eot exceeding seven years. 
 
 CHAPTER 162. 
 
 OF OFFENCES AGAINST THE PERSON. 
 
 1. Every person convicted of murder, or of being an Punishment fcr 
 accessory before the fact to murder, shall suffer death as a being acoesso- 
 felon ; and every accessory after the fact to murder shall be "^^' 
 imprisoned for a term not exceeding fourteen years, and 
 
 fined at the discretion of the court. 
 
 2. Every offence which before the year one thousand bI'dtomedTnd* 
 eight hundred and forty-one would have amounted to petit pun'si'<=<i as 
 treason, shall be deemed to be murder only; and all per- 
 sons guilty in respect thereof, whether as, principals or ac- 
 cessories, shall be punished as principals and accessories to 
 
 murder. 
 
 3. Any person convicted of manslaughter shall be com- Punishment for 
 mitted to jail or imprisoned in the penitentary, as the court 
 
 shall direct, for a term not exceeding fourteen years, or 
 shall be fined at the discretion of the coitrt. 
 
 4. Provided that no puu;shment or forfeiture shall be Killing by mis- 
 incurred by any person who shall kill another by misfor- seifdefoncor&c 
 tune, or in his own defence, or in any other manner without not punishable . 
 felony. 
 
 5. Whosoever shall administer to, or cause to be taken p™ni^™' *' 
 by any person, any poison or other destructive thing, or 
 
 shall cause bodily harm to any person with intent to con> 
 
618 CEIMES AND MISDEMEANOES. [PAET IT. 
 
 Chap. 162. mit murder, shall be guilty of felony, and shall be impri- 
 
 soned for a term not exceeding fourteen years. 
 P}">'*mont for 6. Whosoever shall by any means, other than the actu- 
 oommFt murder ally administering or causing to be taken poison or other 
 by'^po7sonin'g'" destructive thing, attempt to commit murder, shall, although 
 where no harm qq bodily harm be caused, be guilty of felony, and be im- 
 
 prisoned tor a term not exceedmg seven years. 
 Punishment for 7. Whosocver shall maliciously cut, stab, or wound, or 
 
 causing greiv- in t- i . i* n Tii 
 
 ous bodily shall mahciously maim, disngure or disable any person, or 
 ^'"^' shall maliciously cause to any person any other grievous 
 
 bodily harm, shall be guilty of felony, and be imprisoned 
 
 for a term not exceeding fourteen years. 
 Punishment for 8. Whosoever shall maliciously attempt to cause griev- 
 cku'se'lrievous ous bodily harm to any person, shall, whether any bodily 
 bodily harm, jj^rm be caused to such person or not, be imprisoned for a 
 
 term not exceeding four years. 
 Punishment for 9. Whosoover shall unlawfully sot fire to, cast away, or 
 
 setting fire to or • • j i i,- i -ii vi • / j. 
 
 casting awaj; a lu any wisc dcstroy any ship or vessel either with intent 
 tenfto murdCT *P m^irder any person or whereby the life of any person 
 &o. ' shall be put in danger, shall be guilty of felony, and be im- 
 
 prisoned for the term of his natural life or for any term 
 not less than seven years. 
 Punisbment for 10. Whosoover shall maliciously impede any person 
 ™P|^'Dses- being on board of, or having quitted any ship or vessel 
 wreck. which shall be in distress or wrecked, in his endeavor to 
 
 save his life, shall be guilty of felony, and shall be impri- 
 soned for a term not exceeding fourteen years. 
 Punishment for 11. Every woman being with child, who, with intent to 
 prMure'abor- procuro her owu miscarriage, shall maliciously administer 
 tiou. to herself any poison or other noxious thing, or use any in- 
 
 strument or other means whatever, and every person who, 
 with intent to procure the miscarriage of any woman, shall 
 maliciously administer to, or cause to be taken by her, any 
 poison or other noxious thing, or shall use any instrument 
 or other means whatsoever, shall be guilty of felony, and 
 shall be imprisoned for a term not exceeding fourteen 
 years. 
 Punisiiment for 12. Where a woman shall have been delivered of a child, 
 oonoeai°th'e^ '° any porsou who shall by toy secret disposition of the dead 
 birth of a child, ijody of sucli child, whether such child died before, at, or 
 after its birth, endeavor to conceal the birth of such child, 
 shall be imprisoned for a term not exceeding two years. 
 Punishment for 13. Whosoover shall Unlawfully and carnally know any 
 ^^^^' woman against her will and by force, or whilst she is insen- 
 
 sible, shall be guilty of rape, and shall be imprisoned for the 
 tei-m of his natural life, or for any term not less than seven 
 years. 
 Punishment for 14. Whosoevor shall Unlawfully and carnally know and 
 nmie uud(,?ten abuso any girl under the age of ten years, shall be guilty 
 years. gf felony, and be imprisoned for the term of his natural 
 
 life. 
 
TITLE XLI.] CRIMES AND MISDEMEANORS. glQ 
 
 15. Whosoever shall unlawfully and carnally know and Chap. 163. 
 abuse any girl. being above the age often years, and under Punishment for 
 the age of twelve years, shall be imprisoned for a term not mril'bftwfen 
 exceeding seven years. ten and twelve 
 
 ~ •/ years. 
 
 16. Whosoever shall commit the crime of buggery, punishment for 
 either with mankind or with any animal, shall be guilty of'^^ss'^'^y- 
 felony, and be imprisoned for the term of his natural life, or 
 
 for any term not less than seven years. 
 
 17. Any the least degree of penetration, though there Camai know- 
 be no emission of seed, shall be sufHcient to constitute car- shaff c^nsti- 
 nal knowledge as regards the crimes mentioned in sections *"'®- 
 thirteen, fourteen fifteen and sixteen of this chapter. 
 
 18. Whosoever shall unlawfully take, or cause to be abd'o^f™'/"'^ 
 taken, any unmarried girl under the age of sixteen years, girls under 
 eut of the possession or against the will of her father or '''^''^^"■ 
 mother, or any other person having the lawful charge of 
 
 her, shall suifer such punishment by fine or imprisonment, 
 or both, as the court shall award. 
 
 19. Whosoever shall assault any person with intent to Punishment for 
 commit a felony, shall be imprisoned for a term not exceed- tlnt"to comiSt 
 ing two years, and fined at the discretion of the court. a felony. 
 
 20. Whosoever on trial for any felony whatever, and Punishment for 
 which shall include an assault, shall be convicted of assault, trfai"ibr°a 
 shall be committed to jail or imprisoned in the penitentiary f^i°°y- 
 
 as the court shall direct, for a term not exceeding five 
 years, and shall be fined at the discretion of the court. 
 
 CHAPTER 163. 
 
 OP OFFENCES AGAINST THE HABITATION. 
 
 1. Whosoever shall commit burglary shall be guilty of Punishment for 
 felony, and shall be imprisoned for a term not exceeding ""^^ 
 fourteen years. 
 
 2. If any person shall enter the dwelling house of Breaking out^of 
 
 .-', ? ,, ..r-i !_•• K* house in the 
 
 another with intent to commit lelony, or bemg in sucn night, having 
 dwelling house shall commit a felony, and shall in either ^,"„\%f^^Ji'^^t 
 case break out of the house in the night time, such person g;i°7^^f^°r>*° 
 shall be deemed guilty of burglary. 
 
 3. Provided always, that no building, although within Same subject. 
 the same curtilage with the dwelling house, and occupied 
 therewith, shall be deemed to be part of such dwelling 
 
 house for the purpose of burglary, unless there shall be a 
 communication between such building and dwelling house, 
 either immediately or by means of a covered and enclosed 
 passage leading from one to the other. 
 
620 CRIMES AND MISDEMEANORS. [PART IV. 
 
 Chap. 163. 4. Whosoever shall burglariously break and enter into 
 Punishment for ^'"^J dwelling house, or any inner part thereof, and shall as- 
 ^^[sjariousiy sault with intent to murder any person being therein, or 
 house and as- shall cause any bodily harm, or do any personal violence to 
 ioSwHitn^ttnt such persou, shall be guilty of felony, and be imprisoned 
 to commit mur- fpj. ^jjg term of his natural life, or for any term not less 
 
 than seven years. 
 
 Punishment for 5. If any person shall in the night time break and enter 
 
 baiidin|s''by^'^ ^^7 building, being within the curtilage of a dwelling house 
 
 pMpose'of'hur- ^^^ occupied therewith, but not being part thereof, accor- 
 
 giary. ding to the provision in the third section of this chapter, or 
 
 any public office, public building, or other building, not 
 
 being a dwelling house for the purpose of burglary, with 
 
 intent to commit a felony, every such offender shall be 
 
 guilty of felony, and shall be imprisoned for a term not 
 
 exceeding seven years. 
 
 Night defined 6. So far as the same is essential to the offence of bur- 
 
 questions of gl^ry, the night shall be considered and is hereby declared 
 
 burglary. ^^ commence at nine o'clock of the evening of each day, 
 
 and to conclude at six o'clock in the morning of the next 
 
 succeeding day. 
 
 Penalty for un- 7_ Whosoever shall in the day time unlawfully break and 
 
 lawfully breali- i n- i i -it -.i ■ .i ,-i 
 
 ing and enter- enter any dwelling house, or buiJdmg withm the curtilage 
 house, offioe,'°° of a dwelling house, or any public office or other public 
 witiuntent'to building, or any building used for carrying on any business, 
 commit a feio- or any stable, barn, or store house, or any church, chapel, 
 "^' or meeting house for the exercise of any mode or form of 
 
 religious worship whatever, with intent to commit a felony, 
 shall be committed to jail or imprisoned in the penitentiary 
 as the court may direct, for a term not exceeding five j^ears, 
 and shall be fined at the discretion of the court. 
 Punishment g. Whosocver shall be indicted for any burglary, where 
 
 giary charged the breaking and entering shall be proved at the trial to 
 provenjirat the have been made in the day time, and no breaking out shall 
 breaking, &c., is g^ppear ta have been made in the night time, or where it 
 shall be left doubtful whether such breaking and entering 
 or breaking out, took place in the day or night time, shall 
 be acquitted of the felony, but may be convicted of the 
 offence specified in section seven of this chapter. 
 w™i?r™oom"' ^' It shall not be available, by way of defence, to a per- 
 mitted shaii not son charged with the offence specified in section seven of 
 a charge'^or '° this chapter, that the breaking and entering were such as to 
 withYnttnt'on- amount in law to burglary — provided that the offender shall 
 ly, and when not be afterwards prosccuted for burglary upon the same 
 aga^n Indicted facts ; but it shall be open to the court before whom the 
 for burglary. ^j.jg^j ^^j, g^^g]^ offencc shall take place, upon the application 
 of the officer conducting the prosecution, to allow an ac- 
 quittal for the misdemeanor, on the ground that such 
 offence, as proved, amounts to burglary ; and if an acquittal 
 takes place on such ground, and be so returned by the jury 
 in delivering their verdict, the same shall be recorded to- 
 
TITLE SLI.] CRIMES AND MISDEMEANORS. 621 
 
 gether with their verdict, and such acquittal shall not then Chap. 164. 
 
 avail as a bar or defence upon any indictment for such bur- 
 
 glary. 
 
 10. Whosoever shall maliciously set fire to any dwelling ^"uolZ™'!"' 
 house, any person being therein, shall be guilty of felony, ring a dwelling 
 and be imprisoned for the term of his natural life, or for beiJfg therein!" 
 any term not less than ten years. 
 
 11. Whosoever shall maliciously,' by the explosion of danm|Sg°a'*"^ 
 gunpowder or other explosive substance, destroy or damage ^Tth'"ow(ie"^^ 
 the whole or any part of a dwelling house, any p.erson being person being' 
 therein, shall be guilty of felony, and shall be imprisoned 
 
 for a term not exceeding fourteen years. 
 
 CHAPTER 164. 
 
 OP fraudulent APPROPRIATIONS. 
 
 1. Whosoever shall rob any person shall be guilty of f>™i?iinient for 
 felony, and shall be imprisoned for a term not exceeding person, 
 fourteen years. 
 
 2. Whosoever shall assault any person with intent to Punishment for 
 
 TTiii .T, n n 1 iini- * 1 r an assault with 
 
 rob, shall be guilty oi leJony, and shall be imprisoned tor a intent to rob. 
 term not exceeding three j^ears. 
 
 3. Whosover shall rob any person, and at the time of. Punishment for 
 or immediately before, or immediately after such robbery, persoS^and 
 shall cause any grievous bodily harm to any person, shall be ouf&Sy^''" 
 guilty of felony, and be imprisoned for the term of his »iarm. 
 natural life, or .for any term not less than seven years. 
 
 4. Whosoever shall, being armed with any offensive punishment for 
 weapon or instrument, or shall, together with one or more oL'^of more^ 
 person or persons, assault any person with intent to rob, llll°^^^^^^i^ 
 and at the time of, or immediately before, or immediately rob and causing 
 after such assault, shall cause any bodily harm, or do any i""i'iyii^™- 
 violence to the person of another, shall be guilty of felony, 
 
 and shall be imprisoned for a term not exceeding fourteen 
 years. 
 
 5. Whosoever shall with menaces, or by force, demand J™^'J,X°*p^"/. 
 any property of any person, with intent to steal the same, perty witS me- 
 shall be guilty of felony, and shall be imprisoned for a term wtthintenu'o 
 not exceeding three years. ^'^^^^' 
 
 6. Whosoever shall plunder or steal any part of a ship Punishment for 
 or vessel wrecked or cast on shore, or any goods or articles plundering a 
 of any kind belonging to or on board of such ship or vessel, ^^"'^ 
 shall be guilty of felony, and shall be imprisoned for a term 
 
 not exceeding fourteen years. 
 
 7. Whosoever shall accuse or threaten to accuse any Punishment for 
 person of the crime of buggery, committed either with threatening to 
 
622 CRIMES AND MISDEMEANORS. [PART IV. 
 
 Chap. 164. mankind or with any animal, or any assault with intent to 
 accuse &c. a Commit the said abominable crime, or of any attempt to 
 person wifii an commit the Same, or of usina; any solicitation or threat to 
 
 abominable of- - ' - . . o ./ _ 
 
 fence and " any person whereby to induce such person to commit or 
 
 thereby ex'--"' ' - - - - - - - - - - . 
 
 ing proper 
 
 *'^°™rop9r'"'' Permit the said abominable crime, with intent to extort, 
 
 and shall thereby extort, from such person any property, 
 
 shall be guilty of felony, and shall be imprisoned for a term 
 
 not exceeding fourteen j^ears. 
 
 Panishment for ^- Whosoever shall Commit any theft, where the means 
 
 a theft commit, by wliich possessiou is obtained of the thing stolen are 
 
 or threatening" Cither the accusiug or threatening to accuse, or the know- 
 
 soa'of'feionyr- '^^^1 sending, delivering or uttering of any letter or writing, 
 
 *"• accusing or threatening to accuse any person of treason or 
 
 felony, or of any assault with intent to commit, or of any 
 
 attempt to commit a rape, shall be guilty of felony, and shall 
 
 be imprisoned for a term not exceeding seven years. 
 
 _ . . , „ 9. Whosoever shall, by any of the means specified in 
 
 Punishment for . ■ n, p.i- i ' .-^ f, . , -.^ ,1 r, 
 
 attempting to scction eight 01 this chapter, attempt to commit a theit, or 
 
 by^sending^^ shall knowingly send, deliver or utter any letter or writing, 
 
 terrio?'""^^*' demanding of any person with menaces, and without any 
 
 reasonable or probable cause, any thing being the subject 
 
 of theft, shall be guilty of felony, and shall be imprisoned 
 
 for a term not exceeding seven years. 
 
 What shall be ^^- ^vory specics of parting with, placing or disposing 
 
 held sending of any such letter or writing as is mentioned in the two 
 
 tersf ^"'"^ ^ last preceding sections, to the end that the same may be 
 
 carried to or otherwise reach or come into the possession 
 
 of the person for whom it is intended, shall be deemed to 
 
 be a sending of such letter within the meaning of those 
 
 sections. 
 
 Punishment for H' Whosoever shall be convicted of larceny, shall be 
 
 larceny. imprisoned for a term not exceeding seven years. 
 
 Punishment for 1^. Whosoever shall Steal, or for any fraudulent purpose 
 
 destroying or destroy or couceal any testamentary instrument, shall suffer 
 
 wills, &o. such punishment by fine or imprisonment, or both, as the 
 
 court shall direct. 
 Punishment for 13. Whosoever shall steal any muniment of title shall 
 ments'of'titre." Suffer such punishmcnt by fine or imprisonment, or both, as 
 
 the court shall direct. 
 Punishment for l^- Whosocver shall steal any valuable security, shall 
 ^ we^'°f ^iti""' ^® imprisoned for a term not exceeding seven years. 
 Punishment for ^^' Whosoever shall steal any cattle, or shall wilfully 
 stealing or kill- kill any cattlc with intent to steal the carcase or skin or any 
 Stent 'to^steail part of the cattlc so killed, shall be guilty of felonj'-, and 
 *"• shall be imprisoned for a term not exceeding seven years, 
 
 civu remedies 16. Nothing in the four last preceding sections contained 
 theiaft'fbur''^ shall in any wise affect any civil remedy of any parties. 
 sections. 17. Whosoever being a clerk or servant shall steal any- 
 
 a oierk'orsef"'^ tiling belonging to or in the possession or under the power 
 yant stealing pf j^jg master, shall be guilty of felony, and shall be im- 
 
 from his mas- . ' ° ■'-. •'' 
 
 tor. prisoned lor a term not exceeding seven years. 
 
 *; 
 
TITLE XLI.] CRIMES AND MISDEMEANORS, 623 
 
 18. Whosoever with intent to defraud any person of any Chap. 164. 
 thing which is the subject of theft, shall obtain such thing Punishment for 
 from any person by any false pretence, by which the owner ottaining aiti- 
 or other person authorized is induced to part with the en- pr1ftences.^° 
 tire property in such thing, shall be imprisoned for a term 
 
 not exceeding two years. 
 
 19. A false pretence within the meaning of the last What ehau be 
 preceding section is a false representation of some state of p?etenol'^^^° 
 things past or present. 
 
 20. Any fraud or ill practice in playing at any game or Fraud in games, 
 in bearing a part in the stakes, or on betting or wagering lo be h'^sid'f^" 
 on the event, shall be deemed to be a false pretence within false pretence. 
 the meaning of section eighteen of this chapter. 
 
 21. It shall not be available by way of defence to a per- when the of- 
 son charged with the offence specified in section eighteen a larceny, in 
 of this chapter that the property in question was so obtained ^hSibeTcie- 
 as to amount in law to larceny, provided that the oSender ^^^^^^ °'^^'^ ^^^^^ 
 shall not be afterwards prosecuted for larceny upon the pretence. 
 same facts. 
 
 22. Whosoever being a clerk or servant, or person em- Punishment for 
 ployed for the purpose in the capacity of clerk or servant vant embez- 
 shall embezzle any thing being the property of his employer ter^fpi-op'erty. 
 received or taken into possession by him by virtue of such 
 employment, shall be deemed to have stolen the same from 
 
 his employer, and shall be guilty of felony, and be impri- 
 soned for a term not exceeding seven years. 
 
 23. Whosoever shall unlawfully receive or have in his Punishment for 
 
 . .• 1 • 1 1 11 1 1 .1 1 reoeivmg soods 
 
 possession any thmg which shall nave been stolen or ob- knowing them 
 tained by any false pretence, or which shall have been em- obtained by'*° 
 bezzled, knowing the same to have been so stolen, de- ff |^5^|*™°^^ 
 tained or embezzled, shall, in case the stealing, obtaining or 
 embezzling of guch thing shall amount to felony, be impri- 
 soned for a term not exceeding seven years, and in all other 
 cases shall be imprisoned for a term not exceeding two 
 years. 
 
 24. Every person dealing in the purchase of old marine ^^|^],'^Ji,°^|a 
 stores of every description, including anchors, cables, sails, to by all deal 
 junk, iron, copper, brass, lead, and other marine stores, shall ^"■ 
 conform to the following regulations : 
 
 I^irst, — He shall not by himself or his agent purchase any 
 
 old marine stores from any person under the age of sixteen 
 
 ^years, under a penalty of twenty shillings for the first of- 
 
 'fence, and of thirty shillings for every subsequent offence. 
 
 Secondly, — He shall not purchase or receive into his 
 
 stores, premises, or places of deposit, any old marine stores, 
 
 except in the day time between sunrise and sunset, under 
 
 a penalty of twenty-five shillings for the first offence, and 
 
 of thirty-five shillings for every subsequent one. 
 
 25. If any old marine stores which had been stolen are punishment for 
 found secreted in the premises of any person purporting to StaeTores" 
 be a dealer in such stores, such person shall be guilty of a 
 
624 CRIMES AND MISDEMEANORS. [PART IV. 
 
 Chap. 165. misdemeanor, and shall be punishable therefor in manner 
 now by law prescribed for such offence. 
 
 CHAPTER 165. 
 
 OF FORGERY AND OFFENCES. EELATIN© TO THE COIN. 
 
 Punishment for 1. Whosoever shall forge or counterfeit, or shall utter 
 seafa°l(?" ^" knowing the same to be forged' or counterfeit, the great seal 
 of the united kingdom, her majesty's privy seal, and privy 
 signet of her majesty, her majesty's royal signmanual, her 
 majesty's great seal of the province of Nova Scotia, or the 
 privy seal, or the seal at arms of the said province, or of 
 the lieutenant-governor thereof, shall be guilty of felony, and 
 shall be imprisoned for a term not exceeding five years. 
 Punishment for 2. Whosoevcr shall forge or alter, or shall offer, utter, 
 ins°a'writins^'^" or put off, knowing the same to be forged or altered, any 
 writing, with intent to defraud any person, shall be guilty 
 of felony, and be imprisoned for a term not exceeding seven 
 years. 
 Befinition of 3. The term " writing," as used in the last preceding 
 tins;" in last " section, shall be deemed to apply, whether the words or 
 section figures of the forged instrument, or any of them, are ex- 
 
 pressed at length or abridged, and whether they be so ex- 
 pressed by means of writing, printing or otherwise. 
 Definition of 4. The term person in section two of this chapter, shall 
 son"?u seo^?on be deemed to include her majesty, any body corporate, com- 
 *""■ pany or society of persons not incorporated, or any person 
 
 or number of persons who maybe intended to be defrauded, 
 whether such body corporate, company, society, person or 
 number of persons, shall reside or carry on business in this 
 province or elsewhere, in any place or country, whether 
 under the dominion of her majesty or not. 
 Punishment for 5. Whosoever with intent to defraud any person shall 
 meirSm™'' forge any muniment of title, or testamentary instrument, 
 shall be guilty of felony, and be imprisoned for a term not 
 exceeding seven years. || 
 
 Punishinent for Q Whosoever shall be convicted of the false makinfi:, 
 
 counterfeiting ... i_ o -i^- r • n , , ■ 
 
 torn, &a. impairmg or counterieitmg oi any coin, or oi uttering any 
 
 counterfeit coin, knowing the same to be counterfeit, shall 
 be imprisoned for a term not exceeding four years.. 
 
title xli.] ceimes and misdemeanors. g25 
 
 Chap. 166. 
 
 CHAPTER 166. 
 
 OP MALICIOUS INJURIES TO PEOPERTY. 
 
 1. Whosoever shall maliciously set fire to any building, Puniaiiment for 
 to whatsoever purpose the same may be- devoted, shall be ring a building, 
 guilty of felony, and be imprisoned for a term not exceeding' 
 fourteen years. 
 
 2. Whosoever shall maliciously set fire to, cast away, or punishment for 
 in anywise damage or destroy, any ship or vessel, whether of caafin'^away 
 the same be completed or in an unfinished' state, with intent ^ vessel." 
 thereby to prejudice any owner or part owner thereof, or 
 
 of any goods on board thereof, or any underwriter thereon, 
 or on the freight thereof, or upon any good's on board 
 thereof, shall be guilty of felony, and be imprisoned for a 
 term not exceeding fourteen years. 
 
 3. Whosoever shall exhibit any false light or signal, Punishment for 
 with intent to bring any ship or vessel into danger, or shall i^hts. "'° * ^° 
 maliciously do anything tending to the immediate loss or 
 destruction of an)' ship or vessel in distress, shall be guilty 
 
 of felony, and be imprisoned for a term not exceediiig seven 
 years. 
 
 4. Whosoever shall maliciously destroy any part of any J^g"'?^'"^ ™ an"" 
 ship or vessel which shall be in distress orwi-ecked, or any part df a vessel 
 goods or articles of any kind belonging thereto,, shall be distress, o?'° 
 guilty of felony, and shall be imprisoned for a term not f„''|'i=heSo°^'' 
 exceeding seven- years. 
 
 5. Whosoever shall maliciously set fire to any mine o^ f^ttj^^^^to" 
 coal or cannel coal, shall be guilty of felony and be impri- coal mines, &c. 
 soned for a term not exceeding seven years. 
 
 6-. Whosoever shall maliciously set fire to any stack of fg"j^/^^'g™\J'"' 
 grain, hay, straw, coals, charcoal, or pile of eordwood, shall stacks, coaia, or 
 be guilty of felony, and be imprisoned for a term not ''"'^''°°'^- 
 exceeding seven years. 
 
 Y. Whosoever shall maliciously place or throw into. Punishment for 
 upon, against or near any building or vessel,.any gunpowder powde? near 
 or other explosive substance, with intent to destroy or^'^^^'^^f'''^^- 
 damage the same, or any machinery or fixtures, or chattels 
 personal, shall, whether or not any explosion takes place, 
 and whether or not any damage is effected, be guilty of 
 felony, and be- imprisoned for a term not exceeding three 
 years. 
 
 8. Whosoever shall maliciously break or cut down any l^^^^^^ll^"^ 
 sea bank or sea wall, or any dike or aboiteau, whereby any saw^mu^^dikea 
 lands shall be overflowed or damaged, or shall be in dapger taidge^s™' ""^ 
 of being so, or shall maliciously cut down, break, or other- 
 wise destroy any mill dam, or shall maliciously pull down, 
 or in anywise damage or destroy any public bridge, shall 
 
626 CRIMES AND MISDEMEANOES. [PART IV. 
 
 Chap. 166. be guilty of felony, and be imprisoned for a term not 
 
 exceeding seven years. 
 Punishment for 9. Whosoever shall maliciously destroy or damage any 
 in garciens, tree Or plant growmg m any garden, tield, or street, shall be 
 fields, or streets, committed to jail for a term not exceeding one year, or fined 
 
 in a sum not exceeding ten pounds. 
 
 punisiiment for 10. Whosoever shall unlawfully cut and take away any 
 
 ?ying away™'" corn. Or grain of any kind whatsoever growing, or shall rob 
 
 gard'e'ns^&o.f ^^^7 Orchard, garden, or other plantation, of any fruit, vege- 
 
 breaiting down tables, or other things therein growing, or wilfully break 
 
 movmg veiit down, cut, Or remove any part of any hedge, fence or other 
 
 cies, &a. enclosure, or shall remove from the premises, or injure any 
 
 vehicle, sleigh or article belonging to any person, and on 
 
 his premises, shall be committed to jail for a term not 
 
 exceeding six months, or fined in a sum not exceeding five 
 
 pounds. 
 
 Punishment for 11. Whosocver shall maliciously destroy or damage any 
 
 gSs.^wood, glass or wood work, or any metal, or any utensil or fixture, 
 
 in*'anyTiibi'i^°' '^bether made of metal or other, material fixed in any 
 
 street or s(iu.'ire. square, street, or other place dedicated to public use or 
 
 ornament, shall be committed to jail for a term not exceeding 
 
 one year, or fined in a sum not exceeding ten pounds. 
 
 Punishment for 12. Whosocver sliall maliciously kill any cattle, or cause 
 
 maimin°oattie. ^"7 harm to any cattle, with intent to kill such cattle, or 
 
 render the same useless to the owner, either permanently, 
 
 or for a time, shall be committed to jail for a term not 
 
 exceeding one year, or fined in a sum not exceeding ten 
 
 pounds. 
 
 Punishment for 13. Whosocver shall wantonly and cruelly beat, abuse, 
 
 .CTuci™'beating °^ iH-treat any cattle, shall be punished by fine or imprison- 
 
 cattie. ment in jail, at the discretion of the court. 
 
 Punisiiment for 14. Whosocver shall maliciously set fire to any crop of 
 
 oorn?|raiu,or corn, grain, or hay, whether standing or cut down, whereso- 
 
 hay. ever the same may be growing, shall be imprisoned in the 
 
 penitentiary or committed to jail for a term not exceeding 
 
 three years. 
 
 Punishment for 15. Whosoover shall maliciously destroy or damage any 
 
 damaging arti- thing; kept for the purposes of art, science or literature, or 
 
 clesinamuse- t ■ , r ••:• J^ -, 
 
 jum, &c. as an object ot curiosity m any museum or other repository, 
 
 which museum or other repository is either at all times, 
 or from time to time, open for the admission of the public, 
 or of any considerable number of persons to view the same, 
 either lay permission of the proprietor thereof, or by 
 payment of money before entering the same, shall be 
 committed to jail for a term not exceeding six months, or 
 fined in a sum not exceeding one hundred pounds. 
 Punishment for 16. Whosoever shall maliciously cause any water to be 
 BlneT"^ conveyed into any mine, or into any subterraneous passage 
 communicating therewith, with intent thereby to destroy 
 or damage such mine, or to hinder or delay the working 
 thereof, or shall, with the like intent, maliciously pull down, 
 
TITLE XU.] CRIMES AND MISDEMEANORS. 627 
 
 fill up or obstruct, any air waj^, water way, drain, pit, level Chap. 1G6. 
 or shaft of or belonging to any mine, shall be imprisoned 
 for a term not exceeding two years. 
 
 17. The provisfoH contained in the last preceding sec- ^".^^lioj'^s^^f 
 tion shall not extend to any damage committed under qualified. 
 •ground by any owner of an adjoining mine in working the 
 
 same, or by any person duly employed in such working. 
 
 18. Whosoever shall be convicted of any felo§y not or?s'™omi"^" 
 punishable with death, committed after a previous conviction oonvictioa of 
 for felony, shall on such subsequent conviction, be impri- " °°^' 
 soned for a term not exceeding fotar years. 
 
 19. Ik the case of any felony punishable under and by fhe^s^irand 'de- 
 virtue of this title, every principal in the second degree, gree and aooes- 
 and every accessory before the fact, shall be punishable in of"eionyt*how 
 the same manner a^ the principal in the first degree is P"""siied. 
 punishable ; and every accessory aiter the fact, to any 
 
 felony punishable by this title, except onl}'' a receiver of 
 stolen property, shall be imprisoned for a term not exceed- 
 ing two years. 
 
 20. Whosoever shall maliciously take away, destroy or Punishment for 
 ■damage any buoj^s, beacons, or sea marks, placed by order buoys,^beaoon3, 
 of the governor, or other person having authority in any bar- *"■ 
 
 bor, creek or bay, shall forfeit a sUm not exceeding one 
 hundred pounds, and on failure in payment, shall be com> 
 mitted to jail for a term not exceeding one j'ear. 
 
 21. Whosoever shall make fast any vessel or boat to any Penalty for ma- 
 
 -, , iiii_r/^"j_ J. Itingvessols la&t 
 
 such buoy, beacon or sea mark, shall torieit a sum not ex- to buoys, uea- 
 ceeding twenty pounds ; and on failure of payment, shall "°°^' *''• 
 be committed to jail for a term not exceeding six months. 
 
 22. Whosoever shall maliciously damage or destroy anj'^ Punishment for 
 
 1 1 !_ -ti jr 11" • 1 damaging real 
 
 real or personal property, either oi a public or private na- orpersonaipro- 
 ture, for which no remedy or punishment is hereinbefore I'peomo remedy 
 provided, shall be committed to jail for a term not exceed- provided, 
 ing two years, or fined in a sum not exceeding twenty 
 pounds. 
 
 23. Every person who shall abet or procure the com- ^l^H^^ff^^. 
 mission of any offence punishable under the preceding sec- ishaWe as prin- 
 tion, shall be indicted and punistied as a principal offender. '"''* ^' 
 
 24. Nothing in the twenty-second section shall extend ^eX'/Sfd 
 to any case where the party trespassing acted under a fair ed. 
 
 and reasonable supposition that he had a right to do the act 
 complained of, nor to any trespass not being wilful and 
 malicious. 
 
 25. All fines levied and received under the twenty-second Appropriation 
 section, shall, in case of the destruction of private property, twenty-second 
 or of injury thereto, be respectively paid to the party ''^°'''"'- 
 aggrieved, if known, except where such party shall have 
 
 been examined in proof of the offence, and in such case, or 
 where any public right or property is concerned, such fines 
 shall be paid into the county treasury. 
 40 
 
C28 
 Chap. 167. 
 
 DEFIKITION OF TERMS IN TITLE XLI. [PART I¥. 
 
 CHAPTER 167. 
 
 Terms in this 
 title defined. 
 
 Officer. 
 
 Vi'oman. 
 
 Grievous bodily 
 liann. 
 
 Writing. 
 
 Testamentary. 
 
 T Moveable 
 t.ang. 
 
 Valuable seou- 
 I'it}-. 
 
 OF THE. DEFINITION OF TEEMS IN THIS TITLE. 
 
 1. The terms following, wheresoever occurring through- 
 out tills title, shall be understood as hereinafter defined, 
 unless it be otherwise specially provided, or there be some- 
 thing in the subject or context repugnant thereto. 
 
 2. The term "officer" shall be deemed to signify any 
 person invested with authority to execute and legally bound 
 to execute any public duties. 
 
 3. The term " woipan " shall be deemed to signify any 
 female. 
 
 3. The term " grievous bodily harm" shall be deemed to 
 signify any bodily harm from which danger to life may rea- 
 sonably be apprehended, or whereby any limb, member, 
 organ of sense or mental faculty is permanently disabled, 
 weakened or impaired — the mutilation of any part of the 
 body, whereby permanent disfigurement is caused, the frac- 
 ture or dislocation of any bone, or any bodily harm whereby 
 the person to whom it is caused is, during the space of 
 twenty days at the least, in bodily pain, diseased, or unable 
 to follow his ordinary calling or pursuits. 
 
 5. The term " writing " shall be deemed to include an}'' 
 material on which any words or figures, at length or 
 abridged, are written, printed or otherwise expressed, or 
 any map or plan is described. 
 
 6. The tei-m " testamentary instrument" shall be deemed 
 to include any will, codicil, or other testamentary writing 
 or appointment, as well during the life of the testator 
 whose testamentary disposition it purports to be as after 
 his death, whether the same shall relate to real or personal 
 estate, or to both. 
 
 7. The term " moveable thing " as used in defining theft 
 and other offences concerning property, shall be deemed to 
 include money, valuable securities, munimenta of title, writ- 
 ten instruments of justice, testamentary instruments, and all 
 domestic animals ; also the bodies, and all parts of the 
 bodies of dead animals, and all other chattels personal. 
 
 8. The term " valuable security" shall be deemed to in- 
 clude any unsatisfied debenture and bond, bill, note, war- 
 rant, order, or other security for money, or for the payment 
 of money of this or any other country — any instrument for 
 the delivery or transfer of any chattel personal^any tally, 
 order or other security entitling or evidencing title to any 
 share or interest in any public stock or fund of any state 
 or country, or in any fund of any body corporate, company 
 or society, or to any deposit in any savings' bank, and any 
 
TITLE XLI.] DEFINITION OF TERMS IN TITLE XLI. 629 
 
 other writing which secures or evidences title to or interest Chap. 1G7. 
 in any chattel personal, or any release, receipt, discl|firge or 
 other instrument evidencing payment of money, or the deli- 
 very of any chattel personal ; and every such valuable 
 security shall, where value is material, be deemed to be of 
 value equal to that of such unsatisfied money, chattel per- 
 sonal, share, interest or deposit for the securing or payment 
 of which, or delivery or transfer or sale of which, or for 
 the entitling to or evidencing title to which such valuable 
 security shall be applicable, or to that of- such money or 
 chattel personal, the payment or delivery of which shall be 
 evidenced by such valuable security. 
 
 9. The term "muniment of title" shall be deemed to Muniment of 
 include any writing as before defined in section five of this 
 chapter, which is or shall be evidence of the title, or of any 
 
 part of the title to any real estate, or to any interest there- 
 in; and any entry of the acknowledgement or registry of 
 any such writing, or of any judgment or recognizance of or 
 concerning any real estate, or any interest therein under 
 the provisions of any act of the assembly of this province. 
 
 10. The term "cattle" shall be deemed to include any Cattie.- 
 horse, mule, ass, sheep, pig or goat, whatsoever be the age 
 
 or sex of the animal ; and also every bull, cow, heifer, calf 
 or ox. 
 
 11. When the term " cattle " is used, or any particular Same subject 
 animal is mentioned by name, the term shall, unless it be 
 otherwise provided, be deemed to signifj'- living cattle, or a 
 
 living animal so named. 
 
 12. When the term "night time" is used, that time shall' Nigiit time and 
 be deemed to commence at nine o'clock in the evening of *^ ""*' 
 each day , and to conclude at six o'clock in the morning of 
 
 the next succeeding day ; and when the term "day time" is 
 used, that time shall be deemed to commence at six o'clock 
 in the morning and to conclude at nine o'clock in the even- 
 ing of each day. 
 
 ] 3. The terms " imprisoned" and " imprisonment," where- imprisoned and 
 soever they occur in this title, shall be respectively deemed ™P"s™™e"t- 
 and taken to mean and include imprisonment in the provin- 
 cial peiiitentiary. 
 
 14. When the having any matter. or thing in the custody what shan be 
 or possession of any person is in any chapter of this title dy^pos'sessiou 
 expressed to be an ofi"ence, if any person shall have any "^nder this title 
 such matter or thing in his personal custody or posses- 
 sion, or shall knowingly or wilfully have any such matter 
 or thing in any dwelling house or other building, lodging, 
 apartment, field, or other place open or enclosed, whether 
 belonging to, or occupied by himself or not, and whether 
 such matter or thing shall be so had for his own use or be- 
 nefit, or for that of another, any such person shall be deemed 
 and taken to have such matter or thing in his custody or 
 possession within the meaning of such chapter, and where 
 
630 
 
 ABMINISTEATITIOX OP CRIMINAL JUSTICE. [PART IV. 
 
 Chap. 168. there are two or more persons, any one or more shall, with 
 
 the knowledge and consent of the rest, have any such mat^' 
 
 ter or thing in his or their custody or possession, it shall 
 
 be deemed and taken to be in the custody or possession of 
 
 all such persons. 
 
 Terms to mean 15. All terms defined in any part of this title shall, when 
 
 ilsa^wher'e""' they occur in any other part thereof, be understood in their 
 
 t^ouiariri«-o-' *^6fined sense, unless it be otherwise provided, or the chap- 
 
 vided, ter, for the purposes of which any such term or terms is or 
 
 are defined, be particularly specified. 
 
 TITLE XLII. 
 
 OF THE ADMINISTRATION OF CRININAL JUSTICE. 
 
 CHAPTER 168, 
 
 OF THE ADMINISTRATION OF CRIMINAL JUSTICE IN THE 
 SUPREME COURT. 
 
 Arrest how 
 made for of- 
 fences under 
 this title i pro- 
 ceedings there- 
 under. 
 
 Imparlance in' 
 cases of a mis- 
 demeanor to be 
 disallowed, ex- 
 cept on special 
 cause shown. 
 
 1. Any person found committing any offence against 
 property punishable by virtue of this title, may be immedi- 
 ately apprehended without a warrant, by a peace oflScer, or 
 by the owner of the propert}', or by his servant, or by any 
 person authorized by him, and forthwith taken before some 
 neighboring justice of the peace, to be dealt with according 
 to law ; and if any credible witness shall prove upon oath 
 before a justice of the peace, a reasonable cause to suspect 
 that any person has in his possession, or on his premises, 
 any property whatsoever, with respect to which any such 
 offence shall have been committed, the justice may grant a 
 warrant to search for such property as in the case of stolen 
 goods, and any person to whom any property shall be 
 offered to be sold, pawned or delivered, if he shall have 
 reasonable cause to suspect that any such offence has been 
 committed with respect to such property, is hereby autho- 
 rized, and, if in his power, is required to apprehend and 
 forthwith to carry before a justice of the peace, the party 
 offering the same, together with such property, to be dealt 
 with according to law. 
 
 2. When any person shall be prosecuted for a misde- 
 meanor either by information or indictment, and shall ap- 
 pear in person or by attorney in term time to answer there- 
 to, such defendant on being charged therewith shall not be 
 permitted to imparl to a following term, but shall plead or 
 
TITLE SLII.J ADMINISTRATION' OF CRIMINAL JUSTICE. 631 
 
 demur thereto ; and the trial, where a trial shall be required, Chap. 168. 
 
 may thereupon proceed in the same term in the time and in 
 
 manner in such behalf respectively as may be directed or 
 required by the order, rules or practice of the court ; and 
 in default of any such plea or demurrer, judgment for want 
 of a plea may be entered against the defendant in default; 
 but the court on sufficient cause shewn, may allow further 
 time for such defendant to plead or demur to such indict- 
 ment or information, or to go to trial thereon. 
 
 3. If any person being arraigned upon an indictment "Not guilty 
 for treason or felony shall plead thereto a plea of " not Foror'fetoyr 
 guilty," he shall, by such plea, without any further form, be "s effect. 
 deemed to have put himself upon the country for trial, and 
 
 the court shall in the usual manner order a jury for the 
 trial of such person accordingly. 
 
 4. If any person being arraigned upon, or charged with Proceedings 
 
 ■ J- i J. -J? _i- p . p 1 * -1 where a party 
 
 any mdictment or information for treason, felony or misde- arraigned shau 
 
 meaner, shall stand mute of malice, or will not answer di- ^''^'"^ ""^'''■ 
 
 rectly to the indictment or information, in every such case 
 
 the court, if it shall so think fit, may order the proper 
 
 officer to enter the plea of "not guilty" on behalf of such 
 
 person, and the plea so entered shall have the same force 
 
 and effect as if such person had actually pleaded the same. 
 
 5. If any person indicted for treason or felonv sha'll challenges in 
 
 117 J.-1 !_ ic ,1 oases of treason 
 
 cualfenge peremptorily a greater number of men returned und felony, to 
 to be of the jury than thirty-five in cases of treason and k.w'^edrand"'^" 
 twenty in cases of felony, every peremptory challenge be- '^''®° ™'i- 
 yond the number so allowed in the said cases respectively 
 shall be entirely void, and the trial of such person shall 
 proceed as if no such challenge had been made. 
 
 6. No plea setting forth any attainder shall be pleaded Plea of attain- 
 in bar of any indictment, unless the attainder be for the aUowed!'' "°' 
 same offence as that charged in the indictment. 
 
 7. No indictment or information shall be abated by indictment, &o. 
 reason of any dilatory plea of misnomer, or want of addi- re'k'son of'^pie'as 
 tion, or of wrong addition of the party offering such plea, °^ant™f^™'. 
 if the court shall be satisfied, by affidavit or otherwise, of tion, &e., pro- 
 the truth of such plea ; but in such case the court shall suoh'oasV" 
 forthwith cause the indictment or information to be amended, 
 according to the truth, and shall call upon such party to 
 
 plead thereto, and shall proceed as if no dilatory plea had 
 been pleaded. 
 
 8. Where any person shall be indicted for treason or o^i^*^°^^™.'' 
 felony, the jury impannelled to try such person shall not be ftiony t^e Jury 
 charged to inquire concerning his lands, tenements or goods, charged to in- 
 nor whether he fled for such treason or felony. ?ngTandT&c' 
 
 9. All persons tried for felonies shall be admitted, after counsel to he 
 the close of the case for the prosecution, to make full ma^n'triaisXr 
 answer and defence thereto by counsel. felony. 
 
 10. All persons who shall be held to bail, or committed Prisoners, &b., 
 to prison, for any offence, shall be entitled to require and tooopfesof ^ 
 
632 ADMINISTRATION OF CRIMINAL JUSTICE. [PART IV. 
 
 Chap. 168. have on demand from the persons who shall have the law- 
 examination of ^^^ custodj thereof, and who are hereby required to deliver 
 witnesses. the Same, copies of the examination of the witnesses respec- 
 tively, iipon whose depositions they have been so held to 
 bail or committed to prison, on payment of a reasonable 
 sum for the same, not exceeding three halfpence for each 
 folio ; but if such demand shall not be. made before the day 
 appointed for the commencement of the term or sitting of 
 the court, at which the trial of the person on whose behalf 
 such demand shall be made is to take place, such person 
 shall not be entitled to have any copy of such examination 
 of witnesses, unless the court shall be of opinion that such 
 copy may be made and delivered without delay or inconve- 
 nience to such trial; and it shall be competent for the court, 
 if it shall think fit, to postpone such trial on account of such 
 copy of the examination of witnesses not having been pre- 
 viousl}' had by the party charged. 
 teili°°ntrued'to ^^' ^'' persons under trial shall be entitled, at the time 
 inspect aU de- of their trial, to inspect without fee or reward, all depositions, 
 positions, &c. ^j, (jQpjgg tliereof, which have been taken against them, and 
 
 returned in the court before which such trial shall be had. 
 Benefit of oier- 12. Benefit of clcrgy, with respect of persons convicted 
 oounts°may be of fclouy, shall be abolished ; but nothing herein contained 
 iofore."^^"' ^'hall prevent the joinder in any indictment of any counts 
 which might have been joined before the passing of this 
 chapter. 
 Accessories be- 13. If any person shall counsel, procure or command 
 who shau^be any other person to commit any felony, the person so coun- 
 whenaniwhrre Selling, procuring or commanding, shall be deemed guilty 
 tiieymaybe of felony, and may be indicted and convicted either as an 
 accessory before the fact to the principal felony, together 
 with the principal felon, or after the conviction of the pi'in- 
 cipal felon, or may be indicted and convicted of a substan- 
 tive felony, whether the principal felon shall or shall not have 
 been previovsly convicted, or shall or shall not be amenable 
 to justice, and may be punished in the same manner as any 
 accessory before the fact to the same felony, if convicted as 
 an accessory, may be punished ; and the offence of the per- 
 son so counselling, procuring or commanding, howsoever 
 indicted, may be inquired of, tried, determined and punished 
 in the same manner as if such offence had been committed 
 at the same place as the principal felony ; and in case the 
 principal felony shall have been committed within the body 
 of any county, and the offence of counselling, procuring or 
 commanding shall have been committed within the body of 
 any other county, the last mentioned ofi'ence may be in- 
 quired of, tried and punished in either of such counties ; 
 but no person who shall be once duly tried for any such 
 •offence, whether as an accessory before the fact or as for a 
 s-ubstantive felony, shall be liable to le again indicted or 
 fried for the same offence. 
 
.TITLE XLII.] ADmMISTRATION OF CRIMINAL JUSTICE. 633 
 
 14. If any person shall become an accessory after the Chap. 168. 
 fact to any felony, the offence of snch person maj^ be in- Accessories a r- 
 quired of, tried, determined and punished, in the same man- '""■ *'^? f<^«i-, 
 ner as if the act, by reason whereof such person shall have where triei. 
 become an accessory, had been committed at the same place 
 
 as the principal felony ; and in case the principal felony 
 shall have been committed within the body of any county, 
 and the act by reason whereof any person shall have be- 
 come accessor}', shall have been committed within the body 
 of any other county, the offence of such accessory may be 
 inquired of, tried, determined and punished, in either of 
 such counties ; but no person who shall be once duly tried 
 for any offence of being an accessory, shall be again indicted 
 or tried for the same offence. 
 
 15. If any principal offender shall be in anywise con- Accessories 
 victed of any felony, it shall be lawful to proceed against eSnrt punish-' 
 any accessoiy, either before or after the fact, in the same pHndpl'ifhave 
 manner as if such principal felon had been attainted thereof °°.* ^™" ''*■ 
 notwithstanding such principal felon shall die or be pai'- 
 
 doned, or otherwise delivered before the attainder; and 
 every such accessoiy shall suffer the same punishment, if 
 he be in anywise convicted, as he should have suffered if 
 the principal had been attainted. 
 
 16. If any person shall become an accessory before the Accessories be- 
 
 ^ , , P T *■ 1 1 * 1- J. 1 J. • n fore the fact in 
 
 fact to any felon)', such person may be indicted, tried, con- cases of felony 
 victed and punished in all respects as if he were a principal "nTpunfshlidas 
 
 felon. a principal. 
 
 17. In any indictment for any felony not punishable with charge how set 
 death, committed after a prievous conviction for a felony, "ndictoenrfo" 
 it shall be sufRcient to state that the offender was at a cer- pu^g'^'abfe' 
 tain time and place convicted of felony, without otherwise with death, 
 describing the previous felony. 
 
 18. In every case of bigamy the offence may be ^^ealt Bigamy-^^n _^ 
 with, inquired of, tried and punished in the county where may be tried, 
 the offender shall be apprehended or be in custody as if the ment therefor ' 
 offence had been actually committed in that county. inflicted. 
 
 19. In every indictment for feloniously stealing pro- indictment for 
 perty, it shall be lav»rful to add a count for feloniously steaUng^o? re- 
 receiving the same property knowing it to have been sto- Jy^howS^n- 
 len ; and in any indictment for feloniously receiving pro- g^^^^^f^f.^ 
 perty knowing it to have been stolen, it shall be lawful to add 
 
 a count for feloniously stealing the same property ; and where 
 any such indictment shall have been preferred and found 
 against any person, the prosecutor shall not be put to his 
 election, but it shall be lawful for the jury who shall try 
 the same to find a verdict of guilty either of stealing the 
 property or receiving it knowing it to have been stolen; 
 and if such indictment shall have been preferred and found 
 against two or more persons, it shall be lawful for the jury 
 who shall try the same to find all or any of the said persons 
 guilty either of stealing the property or of receiving it 
 
G34 ADMINISTRATION OF CEIHINAL JUSTICE. [PAET IT. 
 
 Lhap. Ibo . knowing it to have been stolen, or to find one or more of 
 the said persons guiltj' of stealing the property, and th& 
 other or others ot them guilty of receiving it knowing it 
 to have been stolen. 
 Peioniesand 20. When any feloDy or misdemeanor shall be commit- 
 commStednear ^^d on the boundary or boundaries of two ©r more coun- 
 of counties''or''* *^®^' °^ within the distance of one mile from any snch 
 tegaB in one boundary. or boundaries, or in anyplace or places witli 
 fnan other ooun- respect to which it may be uncertain within which of twO' 
 andplmfshed?'^ °'^' ™oi'6 counties such place or places may be situate, or 
 when an}^ felony or misdemeanor shall be begun in one 
 county and completed in another,, every such felony or mis- 
 demeanor may be dealt with, inquired of, tried and punished 
 in any of the said counties, in the same manner as if it had 
 been actually and wholly committed therein. 
 Felonies, &o., 21. When any felony Or misdemeanor shall be commit- 
 
 wtien commit- , ^ ■' *' . , r. , 
 
 ted in a coapii, ted On any person, or on or m respect or an)' property, or 
 fhroughmore i° ^r upou any coach, waggon, cart, sleigh, sled or other 
 than one ooun- carriage whatever employed in any ioarney,. or shall be 
 
 ty or upon a -.. -, r ./ .' j j r 
 
 highway, &c., Committed on any person, or on or in respect oi any pro- 
 ties, wHeremay psrty on board any vessel or boat whatsoever emploj'ed on 
 punished^'"' any voyago or journey upon any navigable river, canal, or 
 inland navigation, or on or in respect of any property in,, 
 upon, or forming part of anj' raft whatever pasaing in or 
 upon any such navigable river, canal or inland navigation,, 
 such felony or misdemeanor may be dealt with, inquired of,, 
 tried, determined and punished in any county through any 
 part whereof such coach, waggon, cart, sleigh, sled, carriage, 
 vessel, boat or raft shall have passed in the course of the 
 journey, voyage or passage during which such felony or mis- 
 demeanor shall have been committed, in the same manner as 
 if it had been actually committed in such county;. and in 
 all cases where the side, centre, or other part of any high- 
 way, or the side, bank, centre or other part of any such 
 river, canal or navigation shall constitute the boundary of 
 any two counties, such felony or misdemeanor may be dealt 
 with, inquired of, tried and punished in either of the said 
 counties through, or adjoining to, or by tlie boundary of any 
 part whereof such coach, waggon, cart, sleigh, sled, carriage, 
 vessel, boat or raft shall have passed in the course of the 
 journey, voyage or passage during which sBch felony or 
 misdemeanor shall have been committed, in the same man- 
 ner as if it had been actually committed in such county. 
 Forgery, alter- 22. If any person shall commit any offence of forging, or 
 in^ deeds, itc. altering any deed, writing, instrument, or other matter what- 
 
 whero tried and ° ■' j, -. ' . P. ■ -,. ' . „ ... j., 
 
 punished. soever, or ot ollermg, uttering, disposing oi, or putting on, 
 any deed, writing, instrument, or other matter whatsoever, 
 knowing the same to be forged or altered, with intent to 
 defraud any person whomsoever, the offence of every such 
 offender may be dealt with, indicted, tried and punished,' 
 and laid and charged to have been committed in any county 
 
TITLE XLII.] ADMINISTRATION OF CRIMINAL JUSTICE. 635 
 
 or place in which he shall be apprehended or in custody, as Chap. 1G8. 
 if his oiFence had been actually committed in that county or 
 place ; and every principal in the second degree, and every 
 accessory, may be dealt with, indicted, triedand punished, and 
 his offence laid and charged to have been committed in any 
 county or place in which the principal offender may be tried. 
 
 23. In all informations or indictments for forgery, or in Forg;edorn,iter- 
 any manner altering any deed, writing, instrument, or other j;*^^ "descd ™fP' 
 matter whatever, it shall not be necessary to set forth any in indictments, 
 copy or facsimile thereof, but it shall be sufficient to describe 
 
 the same in such manner as would sustain an indictment for 
 stealing the same. 
 
 24. In any indictment or information for any felony or Ownership of 
 misdemeanor, whenever it shall be necessary to state the S'ow iSfu J 
 ownership of any property whatsoever, whether real or per- 
 sonal, which shall belong to or be in the possession of more 
 
 than one person, whether such persons be partners in trade, 
 joint tenants, parceners, or tenants in common, it shall be 
 sufficient to name one of such persons, and to state such 
 property to belong to the person so named, and another or 
 others, as the case may be ; and whenever in any indict- 
 ment or information for any felony or misdemeanor, it shall ^ 
 be necessary to mention, for any purjaose whatsoever, any 
 partners, joint tenants, parceners, or tenants in common, it 
 sliall be sufficient to describe them in the manner aforesaid, 
 and this provision shall be construed to extend to all joint 
 stock companies and trustees. 
 
 25. In any indictment or information for any felony or ownership of 
 misdemeanor c6mmitted in, upon, or with respect to any ^^ ho'y'dosod- 
 bridge, court house, jail, house of correction, infirmary, asy- bVd. 
 
 lum, or other building erected or maintained, in whole or 
 in part, at the public expense, in any county, or on or with 
 respect to any goods or chattels wlaatsoever, provided for 
 at the pubHc expense in any county, to be used for building, 
 altering, or repairing any such bridge, court-house, or other 
 building, or to be used in or with any such bridge, court- 
 house, or oth§r building, it shall be sufficient to state any 
 such property, real or personal, to belong. to the inhabi- 
 tants of such county, and it shall not be necessary to specify 
 the names of any such inhabitants. 
 
 26. In any indictment or information for any felony or ownership of 
 misdemeanor committed on or with respect to any build- ^oSion of 
 ings, or any goods or chattels, or any other property, real jj^^^jf^^^'^?^^^' 
 or personal,.in the occupation, or under the superintendance, 
 
 charge or management of any public officer or commissioner, 
 vr any county or township officer or commissioner, it shall 
 be sufficient to state any such property to belong to the 
 officer or commissioner in whose occupation, or under 
 whose superintendance, charge or management such pro- 
 perty shall be, and it shall not be necessary to specify the 
 names of any such officers or commissioners. 
 
G36 
 
 ADMINISTRATION OP CRIMINAL JUSTICE. PART IV. 
 
 Chap. 168. 27. In prosecutions for embezzlement it shall be lawful 
 Emhezzioments to charge in the indictment, and proceed against the offender 
 iaia,"^hIi-god, ^01" ^^J number of distinct acts of embezzlement, not ex- 
 auciprovde. ceeding three, which may have been committed by him 
 against the same master, within the space of six months 
 from the first to the last of such acts ; and in every 
 such indictment, except where the offence shall relate 
 to any chattel, it shall be sufficient to allege the em- 
 bezzlement to be of money, without specifying any 
 particular coin or valuable security ; and such alle- 
 gation so far as regards the description of the pro- 
 perty, shall be sustained, if the offender shall be proved 
 to have embezzled any amount, although the particular 
 species of coin or valuable security of which such amount 
 was composed, shall not be proved, or if he shall be 
 proved to have embezzled any piece of coin or valu- 
 able securit.y, or any portion of the value thereof, 
 although such piece of coin or valuable security may 
 have been delivered to him in order that some part 
 of the value thereof should be returned to the party deli- 
 vering the same, and such part shall have been returned 
 accordingly. 
 SyiuiMuted'" ^^- Where an_y person has been feloniously stricken, 
 within the pro- poisoued, or otherwise hurt upon the sea, or at any place 
 iiiiity shall die out of this proviucc, shall die of such stroke, poisoning or 
 the'pvov'inoo"^ hurt, in this province, or being feloniously stricken, poisoned 
 whmTtriedand °^^ Otherwise hurt, in any place in this province, shall die of 
 punished. such stroke, poisoning or hurt, upon the sea, or at any place 
 out of this province, every offence committed in respect of 
 any sirch case, whether the same shall amount to the offence 
 of murder or of manslaughter, or of being accessor}' before 
 the fact to murder, or after the fact to murder or manslaugh- 
 ter, may be dealt with, inquired of, tried, and punished, in 
 the county or place in this province in which such death, 
 stroke, poisoning or hurt, shall happen, in the same manner 
 in all respects as if such offence had been wholly committed 
 in that county or place. 
 Indictment for 29. If, UDOu the trial of any Dorson UDon an indictment 
 person is gaiity for robbery, it shall appear to the jury upon the evidence 
 (jf assault. ^jj^^ ^j^g defendant did not commit the crime of robbery but 
 that he did commit an assault with intent to rob, the defen- 
 dant shall not, by reason thereof, be entitled to be 
 acquitted, but the jury shall be at liberty to return 
 as their verdict, that the defendant is guilty of an 
 assault with intent to rob ; and thereupon such defendant 
 shall be liable to be punished in the same manner as if 
 he had been convicted upon an indictment, for assaulting, 
 with intent to rob ; and no person so tried shall be liable 
 to be afterwards prosecuted for the robbery, or for an 
 assault with intent to commit the robbery for which lie was 
 so tried. 
 
TITLE XLII.] ADMINISTRATION OP CRIMINAL JUSTICE. 637 
 
 30. If upon the trial of any person for any misde- Chap. 168. 
 meaner it shall appear that the facts given in evidence persons trTed^ 
 amount in law to a felony, such person shall not, by oTand^roumr"' 
 reason thereof, be entitled to be acquitted of such mis- guUiyoffeUmy 
 
 T -i 1 • T c 1 • 1 uotto beacQuit- 
 
 demeanor, and no person tried tor such misdemeanor, ted. 
 shall be liable to be afterwards prosecuted for felony on 
 the same facts unless the court before which such trial 
 may be had, shall think fit in its discretion, to discharge 
 the jury from giving any verdict upon such trial, and 
 to direct such person to be indicted for felony ; in 
 which case such person may be dealt with in all respects 
 as if he had not been put upon his trial for such misde- 
 meanor. 
 
 31. If upon the trial of any person indicted for the em- Peraons on trial 
 bezzlement as a clerk, servant or person employed for the incnul'oTto^be 
 purpose or in the capacity of a clerk or servant, it shall be tufJ^'^^fSif 
 proved that he took the propertj^ in question in any such cony. 
 manner as to amount in law to larceny, he shall not, by 
 
 reason thereof, be entitled to be acquitted, but the jury 
 shall be at liberty to return as their verdict that such per- 
 son is not guilty of embezzlement, but is guilty of simple 
 larcenj', or larceny as a clerk^ servant or person employed 
 for the purpose, or in the capacity of a clerk or servant, as 
 the case may be ; and thereupon such person shall be liable 
 to be punished in the same manner as if he had been con- 
 victed upon an indictment for such larceny; and if, upon 
 the trial of any person indicted for larceny, it shall be 
 proved that he took the property in question in any such 
 manner as to amount in law to embezzlement, he shall not, 
 by reason thereof, be entitled to be acquitted, but the jury 
 shall be at liberty to return as their verdict that such per- 
 son is not guilty of larceny but is guilty of embezzlement, 
 and thereupon such person shall be liable to be punished in 
 the same manner as if he had been convicted upon an in- 
 dictment for such embezzlement; and no person so tried for 
 embezzlement or larceny, shall be liable to be afterwards 
 prosecuted for larceny or embezzlement upon the same 
 facts. 
 
 32. If upon the trial of two or more persons indie- indictment for 
 ted for jointly receiving any property, it shall be g^d™"^ 
 proved that one or more of such persons separately re-^ 
 
 ceived any part of such property, it shall be lawful 
 for the jury to convict upon such indictment such of 
 the persons as shall be proved to have received any 
 part of such property. 
 
 33. Any number of accessories or receivers may be ^^^l°',"™*es- 
 charged with substantive felonies in the same indictment aorios. 
 notwithstanding the principal felon shall not be included 
 
 in such indictment, or shall not be in custody or amenable 
 to justice. 
 
633 ADMINISTEATION OF CRIMINAL JUSTICE. PART IT. 
 
 Chap. 168. 34. It shall be lawful to insert several counts in the 
 
 Several counts ^^™^ indictment against the same person for any number 
 
 of distinot »ota of distinct acts of stealing not exceeding three, which may 
 
 hidictmeat!""'" have been committed by him against the same person 
 
 within the space of six months from the first to the last of 
 
 such acts, and to proceed thereon for all or any of them. 
 
 Prooeeciin?8 on 35. If upon the trial of any indictment for larceny, it 
 
 pe'l'ty'stoien ™t ^^^^'^ appear that the property alleged in such indictment to 
 
 Si fforent times, have been stolen at one time, was taken at different tiiu-es, 
 
 the prosecutor shall not, by reason thereof, be required to 
 
 elect upon which taking he will proceed, unless it shall 
 
 appear that there were more than three takings, or that 
 
 more than six months elapsed between the first and the last 
 
 of such takings ; and in either of such last mentioned 
 
 cases, the prosecutor shall be required to elect to proceed 
 
 for such number of takings, not exceeding three, as appear 
 
 to have taken place within the period of six months from 
 
 the first to the last of such takings. 
 
 Description of 3g_ jjj eyerv indictment, in which it shall be necessary to 
 
 money, bank ^ ./ ' '' 
 
 notes, &o, in make any averment as to any money, or any treasuiy or 
 men s. jj^j-^j^ note, it shall be sufficient to describe such money or 
 note simply as money, without specifying any particular 
 coin or note ; and such allegation, so far as regards the 
 description of the property, shall be sustained by proof of 
 any amount of coin or of any treasury or bank note, 
 although the particular species of coin of which such 
 amount was composed, or the particular nature of the note 
 shall not be proved ; and in cases of embezzlement, and ob- 
 taining money or treasury or bank notes by false pretences, 
 by proof that the offender embezzled or obtained any piece 
 of coin or any note, or any portion of the value thereof, 
 although such piece of coin or note may have been delivered 
 to him in order that some part of the value thereof should be 
 returned to the party delivering the same or to any other 
 person, and such part shall have been returned accordingly. 
 
 Punisiimont for 37. When any person shall be convicted of an assault 
 
 an assault with -.i • j. i j. -i. r i i.1, x i. j.i • 
 
 intent to com- With intent to commit a lelony, the court may sentence the 
 mitaieiony. gfi^ender to be committed to jail or imprisoned in the peni- 
 tentiary for a term not exceeding two years, as it shall 
 direct ; and may also, if it shall so think fit, require him to 
 find sureties for keeping the peace. 
 No allegation 38. In an indictment for any oiTence within the meaning 
 oessaryinpro-"' of the twelfth sectiou of chapter one hundred and sixty- 
 fenoerunder"^' four, it shall not be ueccssary to allege that the article in 
 soc. 12, chap, respect of which the offence is committed is the property 
 
 of any person, or that the same is of any value. 
 What aUega- 39. In an indictment for any offence within the meaning 
 for°pro3ecution of the thirteenth section of chapter one hundred and sixty- 
 der°eoHon 13,°" four, it shall be sufficient to allege the thing stolen to be 
 ohap. 164. evidence of the title or part of the title of the persons or 
 
TITLE XLII.] ADMINISTRATION OE CRIMINAL JUSTICE. tj39 
 
 some one of the persons having a present interest, whether Chap. 168. 
 
 legal or equitable, in the real estate to which the same 
 
 relates, and to mention such real estate or some part thereof; 
 and it shall not be necessary to allege the thing stolen to 
 be of any value. 
 
 40. If any person shall receive any chattel, money, valua- aeoeirers of 
 ble security or other property, the stealing, taking, obtain- aJc.^.h'owTndiet- 
 ing or converting whereof is an indictable misdemeanor, and°punished'. 
 such person knowing the same to have been unlawfully 
 
 stolen, taken, obtained or converted, every such receiver 
 shall be guilty of a misdemeanor, and may bp indicted and 
 convicted thereof, whether the person guilty of the princi- 
 pal misdemeanor shall or shall not have been previously 
 convicted thereof, or shall or shall not be amenable to justice ; 
 and every such receiver shall be punishedin the manner pro- 
 vided for the person guilty of the principal misdemeanor. 
 
 41. If any person shall receive anj^ chattel, money, valiiar ReoeiTers of 
 ble security or other property, knowing the same to have &a™hfra may 
 been feloniously or unlawfully stolen, taken, obtained or oonv^cted'^'^and 
 converted, every such person, whether charged as an acces- punished, 
 sory after the fact to the felony or with a substantive 
 
 felony, or with a misdemeanor only, may be dealt with, in- 
 dicted, tried and punished in any county or place in which 
 he shall have or shall have had any such property in his 
 possession, or in any county or place in which the party 
 guilty of the principal felony or misdemeanor may by law 
 be tried, in the same manner as such receiver may be dealt 
 with, indicted, tried and punished in the county or place 
 where he actually received such property. 
 
 42. If any person guilty of any felony or misdemeanor, stolen goods, 
 in stealing, taking, obtaining or converting, or in knowingly ^{Jomtolje re- 
 receiving any chattel, money, valuable security or other pro- etored. 
 pert}^, shall be indicted for any such offence, by or on the 
 
 behalf of the owner of the property, or his executor or 
 administrator, and convicted thereof, in such case the pro- 
 perty shall be restored to the owner, or his representative; 
 and the court before whom any such person shall be con- 
 victed, shall have power to order the restitution thereof, 
 and the court may in like manner, if it shall see fit, order 
 the restitution of property in cases where the party so in- 
 dicted as aforesaid may not be convicted, if the jury shall 
 declare that the property is in the prosecutor, and had been 
 stolen, or taken or obtained frbm him by felony or misde- 
 meanor aforesaid, — provided always, that if it shall appear, 
 before any award or order made, that any valuable security 
 shall have been bona fide paid or discharged by some person, 
 or body corporate, hable to the payment thereof, or being a 
 negotiable instrument, shall have been bona fide taken, or 
 received by transfer or deliver^', by some person or body 
 corporate, for a just and valuable consideration, without 
 
640 ADMINISTRATION OP CEIMINAL JUSTICE. [PART IV. 
 
 Chap. 168. any notice, or without any reasonable cause to susjiectthat 
 the same had by any felony or misdemeanor been stolen, 
 taken, obtained or converted as aforesaid, in such case the 
 court shall not award or order the restitution of such 
 security. 
 Certificate of 43. In any indictment for a felony, not punishable with 
 previous'feiony <Jeath, committed after a, previous conviction of felony, a 
 MOTedlpui^sh- certificate containing the substance and effect, omitting the 
 meDt for false formal part of the indictment and conviction for the pre- 
 vious felony, 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 first convicted, or by the 
 deputy of such clerk or officer, shall upon proof of the iden- 
 tity of the person of the offender, be sufScient evidence of 
 the first conviction, without proof of the signature or offi- 
 cial character of the person appearing to have signed the 
 same ; and if any such clerk, officer or deputy, shall utter a 
 false certificate of any indictment and conviction for a pre- 
 vious felony, or if any person other than such clerk, officer 
 or deputy, shall sign any such certificate as such clerk, offi- 
 cer' or deputy, or shall utter any such certificate with a false 
 or counterfeit signature thereto, every such offender shall 
 be guilty of felony. 
 Quaker or Mo- ^^' ^^7 Quaker or moravian who shall be required to 
 ravion maj- give evidence in any criminal case, shall instead of taking an 
 
 Tji a L'Q sole inn ^^ ^^ 
 
 afltr'mation : oath in the usual form, be permitted to take his solemn 
 form given. affirmation or declaration in the words following, that is to 
 say : " I, .A. B., do solemnly, sincerel)' and truly declare and 
 affirm ;" which said affirmation or declaration shall be of 
 the same force and effect in all courts of justice and other 
 places, where by law an oath is required, as if such quaker 
 or moravian had taken an oath in the'usual form. 
 Judgments not 4:5. No judgment upon any indictment or information 
 revers^ed for ""^ ^^^' ^"^ ^lony or misdemeanor, whether after verdict or 
 ■want offornaai outlawry, or by confession, default or otherwise, shall be 
 neoeSary^o'be stayed or reversed for want of averment of any matter un- 
 sUghttmperfeo- Bccessary to be proved, nor for the omission of the words 
 tions. " as appears by the record" or of the words with force 
 
 ■ ^ and arms, or of the words " against the peace," nor 
 for the insertion of the words " against the form of the 
 statute " instead of the words " against the form of the 
 statutes," or vice versa, nor for that any person or persons 
 mentioned in the indictment or information is or are desig- 
 nated byaname of office or other descriptive appellation in- 
 stead of his, her, or their proper name or names, nor for omit- 
 ting to state the time at which the offence was committed 
 in any case where time is not of the essence of the offence, 
 nor for stating the time imperfectly, nor for stating the offence ' 
 to have been committed on a day subsequent to the finding 
 of the indictment or exhibiting the information, or on an 
 
TITLE XLIL] administration OF CRIMINAL JUSTICE. g42 
 
 impossible day, or on a day that never happened; nor for Chap. 1G8. 
 
 want of a proper or perfect vefiue, where the court shall ' ' 
 
 appear by the indictment or information to have had juris- 
 diction over the offence. 
 
 46. No judgment after verdict upon any indictment or same subject, 
 information for any felony or misdemeanor, shall be stayed 
 
 or reversed for want of a similiter, nor by reason that the 
 jury process has been awarded to a wrong officer upon an 
 insufficient suggestion, nor for any misnomer or misdescrip- 
 tion of the officer returning such process or of any of the 
 jurors, nor because any person has served upon the jury 
 who has not been retui-ned as a juror by the sheriff or other 
 officer, and that where the offence charged has been created 
 by any statute or subjected to a greater degree of punish- 
 ment by any statute, the indictment or information shall, ■ 
 after verdict, be held sufficient to warrant the punishment 
 prescribed by the statute, if it describe the offence in the 
 words of the statute. 
 
 47. Wherever sentence shall be passed for felony on a sentence for re- 
 person already imprisoned under sentence for anothfer crime, lonywiicre par- 
 it shall be lawful for the court to award imprisonment for or already sen- 
 the subsequent offence to commence at the expiration of tiierorime."'""' 
 the imprisonment to which such person shall have been 
 previously sentenced ; and where such person shall be 
 
 already under sentence of imprisonment, the coui-t may 
 award such sentence for the subsequent offence, to com- 
 mence at the expiration of the imprisonment to which such 
 person shall have been previously sentenced, although the 
 aggregate term of imprisonment may exceed the term for 
 which punishments could be otherwise awarded. 
 
 48. Judgment or sentence shall not be given and awarded Punishment of 
 against any person convicted of any offence, that such per- wMpp/ng^abo-* 
 son do suffer the punishment of being set in the pillory, or I'si'^i 
 
 of having his ears nailed thereto or cut off, or do suffer the 
 punishment of being whipped. 
 
 49. Every person convicted of murder shall, after judg- persons oon- 
 ment, be confined in some place within the prison apart ™j''jJow^'be 
 from all other prisoners, and shall be fed with bread and Wt and fcd^^ 
 water only, and with no other food or liquor except in case ^ 
 
 of receiving the sacrament, or in case of any sickness or 
 wound, in which case the surgeon of the prison may order 
 other necessaries to be administered ; and no person but 
 the jailer or his servants, and the chaplain, and surgeon of 
 the prison, shall have access to any such convict without 
 the permission in writing of the court or judge before 
 whom such convict shall have been tried, or of the sheriff 
 or his deputy : provided ahvays, that in case the court or 
 judge shall think fit to respite the execution of such con- 
 vict, such court or judge may, by a license in writing, 
 relax during the period of the respite, all or any of the 
 
642 ADMINISTRATION OP CRIMINAL JUSTICE. [PART IV. 
 
 Chap. 168. restraints or regulations^hereinbefore directed to be ob- 
 
 served. 
 Monslnd'their ^^' ^^^^re the queen's majesty shall be pleased to ex- 
 errect as to teiid her royal mercy to any offender convicted of any 
 Tactions''"'"""' felony punisha,ble with death or otherwise, and by warrant 
 under her royal sign manual countersigned by one of her 
 principal secretaries of state, shall grant to such offender 
 either a free or a conditional pardon, the discharge of such 
 offender out of custody in the case of a free pardon, and 
 the performance of the condition in the case of a con- 
 ditional pardon, shall have the effect of a pardon under the 
 great seal for such offender, as to the felony for which siich 
 pardon shall be so granted : provided always, that no free 
 pardon, nor any such discharge in consequence thereof, nor 
 any conditional pardon, nor the performance of the con- 
 dition thereof, in any of the cases aforesaid, shall preventer 
 mitigate the punishment to which the offender might 
 otherwise be lawfully sentenced on a subsequent convic- 
 tion, for any felony committed after the granting of such 
 pardon. 
 Punishment en- 51. Where any offender hath been or shall be convicted 
 nie?no?punisii- of ^"7 felouy not punishable with death, and hath endured 
 .able wit£ death or shall endure the punishment to which such offender hath 
 feet of pardons, been or shall be adjudged for the same, the punishment so 
 endured hath and shall have the like effects and conse- 
 quences as a pardon under the great seal as to the felony 
 whereof the offender was so corivicted, provided always 
 that nothing herein contained nor the enduring of such 
 punishment shall prevent or mitigate any punishment to 
 which the offender might otherwise be lawfuU}' sentenced 
 on a subsequent conviction for. any other felony. 
 Judges maydi- 52. It shall and may be lawful for the judge or judges 
 tfons'again"t of any of the superior courts of common law or equity, in 
 fnTto'be'g'u'i'i-" ^^*® i* ^^^^^ appear to him or them that any person has been 
 ty of perjury in guilty of wilful and Corrupt perjury in any evidence given, 
 ttlven before ' Or in any affidavit, deposition, examination, answerer other 
 them. proceeding made or taken before him or them, to direct 
 
 such person to be prosecuted for such perjury, in case there 
 shall appear to him or them a reasonable cause for such 
 prosecution, and to commit such person, so directed to be 
 prosecuted, until the next term of the supreme court for 
 the county within which such perjury was committed, 
 unless such person shall enter into a recognizance 
 with one or more surety or sureties conditioned for 
 the appearance of such person, at such next term of 
 the supreme court, and that he will then surrender and 
 take his trial, and not depart the court without leave, 
 and to require any person he or they may think fit to 
 enter into a recognizance conditioned to prosecute or 
 give evidence against such person so directed to be pro- 
 secuted. 
 
TITLE XLII.] ADMINISTRATION OP CRIMINAL JUSTICE. 643 
 
 53. In every indictment for perjury, or for unlawfully, Chap. 168. 
 wilfully, falsely, fraudulently, _ deceitfully, maliciously or inindictments" 
 corruptly, taking, making, signing or subscribing any oath, ftr perjury, tiio 
 affirmation, declaration, affidavit, deposition, bill, answer, thD^offenco''may 
 notice, certificate or other writing, it shall be sufficient to ^^ s"'' f°''">- 
 set forth the substance of the offence charged upon the 
 defendant, and by what court, or before whom the oath, 
 affirmltion, declaration, affidavit, deposition, bill, answer, 
 
 notice, certificate or other writing, was taken, made, signed, 
 or subscribed, without setting forth the bill, answer, infor- 
 mation, indictment, declaration or any part of any proceed- 
 ing either in law or in equity, and without setting forth the 
 commission or authority of the court or person before whom 
 such offence was committed. 
 
 54. In every indictment for subornation of perjury, or indictments for 
 for corrupt bargaining or contracting, with any person to perj'uTy.''™ "^ 
 commit wilful and corrupt perjury, or for inciting, causing or 
 procuring any person unlawfully, wilfully, falsely, fraudu- 
 lently, deceitfully, maliciously, or corruptly, to take, make, 
 
 sign or subscribe any oath, affirmation, declaration, affidavit, 
 deposition, bill, answer, notice, certificate or other writing, 
 it shall be sufficient whenever such perjury or other offence 
 shall have been actually committed, to allege the offence 
 of the person who actually committed such perjury, in the 
 manner hereinbefore mentioned, and then to allege that the 
 defendant unlawfully, wilfully, and corruptly did cause and 
 procure the said person, the said offence, in manner and 
 form aforesaid to do and commit ; and wherever such per- 
 jury or other offence shall not have been actually committed, 
 it shall be sufficient to set forth the substance of the offence 
 charged upon the defendant, without setting forth or aver- 
 ring any of the matters or things hereinbefore rendered 
 unnecessary to be set forth or averred in the case of wilful 
 and corrupt perjury. 
 
 55. On any prosecution by indictment or information Competency of 
 againstany person for for ging any deed, writing, instrument SlTlf/ fo"- 
 or other matter, or for uttering or disposing of any deed, sery, &e. 
 writing, instrument or other matter knowing the same to 
 
 be forged, or for being accessory to any such offence if the 
 same be a felony, or for aiding, abetting or counselling the 
 commission of any such offence if- the same be a misdemea- 
 nor, no person shall be deemed to be an incompetent witness 
 in support of any such prosecution by reason of any 
 interest which such person may have or be supposed to have 
 in respect of such deed, writing, instrument, or other 
 matter. 
 
 56. It shall be lawful for the court, if it shall see fit, to Amendment 9f 
 cause the indictment or information for any offence when formaUonsf'&cl 
 any variance shall appear between any matter in writing or 
 
 in print produced in evidence, and the recital or setting 
 41 
 
644 ADMINISTRATION OP CRIMINAL JUSTICE. [PART IV. 
 
 Chap. 168. forth thereof in the indictment or information whereon the 
 trial is pending, to be forthwith amended in such particular 
 or particulars by some officer of the court, and after such 
 amendment the trial shall proceed in the same manner in all 
 respects both with regard to the liability of witnesses to be 
 indicted for perjury and otherwise, as if no variance had 
 appeared. 
 meDt°for"chiid- ^'^ • ^^ °^ ^he trial of any woman for murder<«sof her 
 murder the jury child she shall be acquitted thereof, it shall be lawful for the 
 mother guiityof jury by whose verdict she shall be acquitted, to find in case 
 lonS'the ^" i* sl^*^!! so appear in evidence, that she was delivered of a 
 fcirth. child, and that she did by secret burying or otherwise dis- 
 
 posing of the dead body of such child endeavour to con- 
 ceal the birth thereof, and thereupon the court may pass 
 such sentence as if she had been convicted upon an indict- 
 ment for the concealment of the birth. 
 Proceedings 58. Whenever the governor shall exercise the preroga- 
 
 whore sentence ,■ j, ,, i^t j rvn 
 
 «fdeathiscom- tive 01 the crown, by extending mercy to any onender con- 
 ■S"e*^f the^pre- victed of any crime punishable with death, upon condition 
 rogative. of imprisonment with hard labor in the provincial peniten- 
 
 tiary either for the term of life or for any number of years, 
 and shall make the same known to the court before which 
 such offender hath been or shall be convicted, such court 
 shall allow to such offender the benefit of a conditional 
 pardon, and make an order for the immediate imprisonment 
 of such offender under and upon the terms and conditions 
 therein expressed ; and in case such intention of mercy 
 shall be made known to any judge of the supreme court, 
 such judge shall allow to such offender the benefit of a 
 conditional pardon, and make an order for the immediate 
 imprisonment, with hard labor, of such offender in the pro- 
 vincial penitentiary, in the same manner as if such inten- 
 tion of mercy had been signified to any such court as afore- 
 said ; and such allowance and order shall be considered an 
 allowance and order made by the court before which such 
 offender was convicted, and shall be entered on the records 
 of the same cotirt by the proper officer thereof, and shall 
 be as effectual to all intents and purposes and have the same 
 consequences as if such allowance and order had been made 
 by the same court during the continuance thereof; and 
 every such order, whether made by the court or any judge 
 of the supreme court as aforesaid, shall subject the offender 
 to be conveyed to the provincial penitentiary and there 
 kept to hard labor during the term of imprisonment men- 
 tioned therein, in like manner as if such imprisonment had 
 been imposed as a punishment by the sentence of any 
 court by authority of law. 
 Charges of con- 59. Any person that shall hereafter be committed to jail 
 er8^to1ai?1o™e ^OT any offence or misdemeanor, having means or ability 
 defrayed by thercunto, shall bear his own reasonable charges for con- 
 when of ability; veying or sending him to jail, and the charges also of such 
 
TITLE XLII.] ADHINISTRATION OP CRIMINAL JUSTICE. 645 
 
 as shall be appointed to guard him and shall so guard him Chap. 168. 
 
 thither ; and if any person shall refuse to defray such pvooeedings to 
 
 charges, then a justice of the peace, by writing under his hoover the 
 
 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 jai, the appraisement to be made by two inhabitants of 
 
 the town or place where such goods or chatteLs shall be, 
 
 and the overplus of the money which shall be made thereof 
 
 to be delivered to the party to whom such goods shall 
 
 belong. 
 
 60. If the person so to be committed shall not have or penl's'ilow IT 
 be known to have any goods or chattels which may be sold lowed and paid, 
 for such purpose, then the said justice, on application by 
 
 any constable or other officer who so conveyed such person 
 to jail, shall upon oath examine into and ascertain the 
 i-easonable expenses to be allowed such constable or other 
 officer, and shall forthwith, without fee, by warrant under 
 his hand and seal, order the treasurer of the county to pay 
 the same, which the treasurer is hereby required to do as 
 soon as he receives such warrant, and any sum so paid shall 
 be allowed in his accounts. 
 
 61. When any poor person shall appear on recognizance foo^ witnesses, 
 
 , , ■' .^ K , • ^ ii J ^ "ow may be 
 
 m any court, to give evidence against another accused of paid their ex- 
 
 any felony or misdemeanor, it shall be in the powfer of the v<"^'^- 
 
 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 sucli 
 
 person such sum of money as to the court shall seem reason- 
 
 ahle 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 aix-pence and no 
 
 more ; and such treasurer is hereby required, upon delivery 
 
 of such order, forthwith to pay to such person or other 
 
 person authorized to receive the same, sucli sum of money 
 
 as aforesaid, and shall be allowed the same in his accounts. 
 
 62. In case such treasurer shall not have any money in Ss^eThave 
 his hands to pay the sum so ordered for conveying poor °° ^°^» «^« 
 prisoners to jail, or for the attendance of witnesses, the tioned in the 
 same shall be paid out of the public treasury of the pro- ti^Ss fo%e^ptid 
 
 ■ out of the pub 
 
 viiioB. ^ lie treasury. 
 
 63. All witnesses on criminal trials attending on the Fees on crimi- 
 part of the prosecution, shall be entitled, under the sane- StJneSonThe 
 tion of the court or a judge, to receive from the county P|'^\?o^a';'"' p'^'"' 
 treasurer the same fees for their travel and actual attend- 
 ance as witnesses in civil suits are now entitled to receive ; 
 
 such fees to be paid on the certificate of the attorney or 
 solicitor general, queen's counsel, or officer appointed by a 
 judge to conduct such prosecution, that such witnesses 
 
646 AUMINISTRATION OP CKIMINAl, JUSTICE. [PART IT, 
 
 Chap. 168. duly attended under subpoena and gave evidence at sucli 
 
 trials, and are entitled to receive therefor the amount 
 
 therein stated, and such subposnas shall be produced on 
 
 taxation. 
 
 e'ountj'treasur- 64. The county treasurer is required, nponthe delivery 
 
 amount^ '° of the prothonotary's certificate, to pay the amount of the 
 
 fees mentioned therein. 
 In the absence ^^" Whenever, in the absence of the attorney genera! 
 of the attorney and solicitor general, it shall appear to the court expedient 
 ionerai the and neccssary to appoint any one counsel, to conduct and^ 
 poM offioerl'S] manage on behalf of her nsajesty, the proceedings and trial 
 iiairof' tte''^" °^ ^^y criminal prosecutions depending before the court, it 
 crown ; costs, shall be lawful for the court to direct any queen's counsel 
 ow taxe . present therein, or, in his absence, to appoint from among 
 the barristers attending thereat, some one competent per- 
 son to conduct and manage such proceedings, and to tax 
 and allow to him for his services such reasonable fees as he 
 would have been entitled to for the like services as the 
 attorney of any party in a civil action, together with such 
 reasonable counsel fees, not exceeding for any one prose- 
 cution the sum of five pounds, as the court shall deem 
 adequate to the services performed on such prosecution. 
 But the costs to be taxed shall in no case exceed seven 
 pounds and ten shillings for all writings and papers and for 
 all counsel fees therein ; and on the allowance and taxation 
 the court shall not allow for any but necessary services 
 and expenses, and notice of the time of taxation shall be 
 given to the clerk of the crown or his deputy. 
 Costs taxed ^^- Upon the production of a certificate under the 
 
 how paid. ' ggal of the court of the amount so taxed and allowed, it 
 shall be lawful for the governor to grant his wai-rant 
 therefor upon the receiver general, who shall pay the 
 amount. 
 Party convict- ^^ • ^^ ^^' cascs where the party prosecuted shall be con- 
 e.i, if of ability, yicted and be found by the court of ability to pay the ex- 
 cT''to''pav"t^e penses of prosecution, to be taxed under this chapter, the 
 seoution! °^'^™' 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. 
 Certificate of 68. A Certificate containing the substance and effect 
 '^^'^l^. "f S™!'" onlv, omitting; the formal part of the indictment and trial 
 
 sufficient form- „•",., ° -i -^ ,• j. v. i-^ j\ 
 
 dictment lor for any feloiiy or misdemeanor, purporting to be sfgned by 
 perjury. ^j^^ clerk of the court or other officer having the custody 
 
 of the records of the court where such indictment was 
 tried, or by the deputy of such clerk or other officer, for 
 which certificate no fee shall be demanded- or paid, shall 
 upon the trial of any indictment for perjury or subornation 
 of perjury be sufficient evidence of the trial of such indict- 
 ment for felony or misdemeanor, without proof of the sig- 
 nature or official character of the person appearing to have 
 signed tlie same. 
 
TITLE XLII.] ABMfNISTRATION OF CRIMINAL JUSTICE. 647 
 
 69. It shall not be necessary to state any venue in the Chap. 168. 
 body of any indictment, but the county named in the mar- mo venue to to 
 gin thereof shall be taken to be the venue for all the facts stated, 
 stated in the body of such indictment, provided that in 
 
 cases where local description is or liereafter shall be re- 
 quired, such local description shall be given in the body of 
 the indictment. 
 
 70. No indictment for anv offence shall he held insuffi- when indict- 
 
 .j, J. 1 _Li " j_ n ,j ment not to he 
 
 eient for want of tlie averment of any matter unnecessary held insufficient 
 to be proved, nor for the omission of the words " as appears 
 by the record," or of the words " with force and arms," or 
 of the words " against the peace," nor for the insertion of 
 the words '' against the form of the statute," instead of 
 ^' against the form of the statutes," or vice versa, nor for 
 that an}'; person mentioned in the indictment is designated 
 by a name of ofKce or other descriptive appellation instead 
 of his proper name — nor for omitting to state the time at 
 which the offence was committed in any case where time is 
 not of the essence of the offence, nor for stating the time 
 imperfectly — nor for stating tlie offence to have been com- 
 mitted on a daj' subsequent to the finding of the indict- 
 ment — nor on an impossible day or on a day that never 
 happened — nor for want of a proper or perfect venue — nor 
 for want of a j)roper or formal conclusion — nor for want of 
 or imperfection in the addition of any defendant — nor for / 
 want of the statement of the value or price of any matter 
 or thing — or the amount of damage, injury, or spoil, in any 
 case where the value or price or the amount of damage, 
 injury or spoil is not of the essence of the offence. 
 
 71. Every objection to any indictment for any formal Pn^dfo^'^Tnt'** 
 defect apparent on the face 'thereof, shall be taken by when to be 
 demurrer or motion to quasli such indictment, before the 
 
 jury shall be sworn, and not afterwards ; and every court 
 before which any such objections shall be taken, for any 
 formal defect, may, if it be thought necessary, cause the 
 indictment to be forthwith amended in such particular, by 
 some officer of the court or other person, and thereupon 
 the tiial shall proceed as if no such defect had appeared. 
 
 72. No person prosecuted shall be entitled to traverse No person mc- 
 or postpone the trial of any indictment found against him : pd's'tpone^ the 
 provided, that if the court, upon the application of the ^jf^^ o/^^?^^'"' 
 person so indicted, or otherwise, shall be of opinion that Mm. 
 
 he ought to be allowed a further time, either to prepare 
 for his defence or otherwise, such court may adjourn the 
 trial of such person to the next subsequent session, upon 
 such terms, as to bail or otherwise, as to such court shall 
 seem meet, and may respite the recognizances of the. pro- 
 secutor and witnesses accordingly, in which case the pro- 
 secutor and witnesses shall be bound to attend, to prose- 
 cute and give evidenca at such subsequent session, with- 
 out efitering into any fresh recognizance for that purpose. 
 
648 ADMINISTRATION OF CRIMINAL JUSTICE. [PAET IV. 
 
 Chap . 168. _ 73. In any plea of autre-fois convict, or autre-fois acquit^ 
 Pleas of autre- it shall be Sufficient for any defendant to state that he has 
 foiseonviot. j^ggjj lawfully convicted or acquitted, as the case may be, 
 
 of the offence charged in the indictment. 
 Definition of 74. In the Construction of this chapter the word " indict- 
 aictme''nt!"""'" ment" shall be understood to inclnde information, inquisi- 
 tion, and presentment, as well as indictment, and also any 
 plea, replication, or other pleading, and any record ; and 
 the terms " finding of the indictment," shall be understood 
 to include the taking of an inquisition, the exhibiting of 
 an information, and the making a presentment; and the 
 word " property" shall be understood to include goods, 
 chattels, money, valuable securities, and every other matter 
 or thing, whether real or personal, upon or with respect 
 to which any offence may be committed. 
 Criminals may 75. A judgc of the Supreme court may sentence con- 
 during ^sittings victed Criminals, on any day of the sittings at Halifax, as 
 
 at Halifax. ^^^g]} ^g ^j-, |.gj,jjj i[j^q_ 
 
 , , 76. Whenever on the trial of any indictment for any 
 
 Amendment of p, ., ,, in.i ■ 
 
 indictments. lelony Or misdemeanor, there shall appear to be any variance 
 between the statement in siich indictment, and the evidence 
 offered in proof thereof, in the name of any county, division, 
 city, borough, town corporate, parish, township or place 
 mentioned or described in any such indictment, or in the 
 name or description of any person stated or alleged to be 
 the owner of any property, real or personal, which shall form 
 the subject of any offence charged therein, or in the name 
 or description of any person therein stated or alleged to be 
 injured or damaged or intended to be injured or dam- 
 aged by the commission of such offence, or in the 
 christian name or surname, or both, or in the other 
 description whatsoever of any person therein named or de- 
 scribed, or in the name or description of any thing therein 
 named or described, or in the ownership of any property 
 therein named or described, it shall be lawful for the court 
 before which such trial shall be had, if it shall consider 
 such variance not material to the merits of the case and 
 that the defendant cannot be prejudiced thereby in his de- 
 fence on such merits, to order such indictment to be amended 
 according to the proof, by some officer of the court or other 
 person, both in that part of the indictment where such vari- 
 ance occurs and in every other part of the indictment which 
 it may become necessary to amend, on such terms as to 
 postponing the trial to be had before the same or another 
 jury or otherwise as such court shall think reasonable ; and 
 after any such amendment the trial shall proceed when- 
 ever the same shall be proceeded with in the same manner 
 in all respects and with the same consequences with 
 respect to the liability of witnesses to be indicted for 
 perjury and otherwise as if no ^cli variance had oc- 
 curred ; and in all such cases the order for the amend- 
 ment shall either be endorsed on the indictment or eo- 
 
TITLE XLII.] ADMINISTRATION OF CRIMINAL JUSTICE. 649 
 
 grossed and filed with the indictment and records of the Chap. 168. 
 court ; provided that in all such cases where the trial shall " 
 
 be so postponed, it shall be lawful for the court to respite the 
 recognizances of the prosecutor and witnesses, and of the 
 defendant and his sureties, if any, in which case the prose- 
 cutor and witnesses shall be bound to attend to prosecute 
 and give evidence respectively ; and the defendant shall be 
 bound to attend to be tried at the time and place to which 
 such trial shall be postponed, without entering into any 
 fresh recognizances lor that purpose, in the same manner 
 as if they had been originally bound by their recognizances 
 to appear and prosecute, or give evidence at the time 
 and place to which such trial shall have been so postponed ; 
 — provided also, that where any such trial shall be to be 
 had before another jury, the crown and the defendant shall 
 respectively be entitled to the same challenges as they were 
 entitled to before the first jury was sworn. 
 
 77. Every verdict and judgment which shall be given verdicts where 
 after the making of any amendment under the provisions of ^^1"!^""^'''^ 
 the last section, shall be of the same force and effect in all 
 respects, as if the indictment had originally been in the 
 
 same form in which it was after such amendment was 
 made. 
 
 78. If it shall become necessary at any time, for any ^/';°^tndmS 
 purpose, to draw up a formal record in any case where any 
 amendment shall have been made under the provisions of 
 
 section seventy-six, such record shall be drawn up in the 
 form in which the indictment was after such amendment 
 was made, without takiiVg any notice of the fact of such 
 amendment having been made. 
 
 79. In any indictment for murder or manslaughter it SOTaSd^""" 
 shall not be necessary to set forth the manner in which or manslaughter, 
 the means by which the death of the deceased was caused ; 
 
 but it shall be sufficient in every indictment for murder to 
 charge that the defendant did feloniously, wilfully and of 
 his malice aforethought kill and murder the deceased ; and 
 it shall be sufficient in every indictment for manslaughter 
 to charge that the defendant did feloniously kill and slay 
 the deceased. 
 
 80. In any indictment for forging, uttering, stealing, intotment for 
 embezzling, destroying or concealing, or for obtaining by 
 
 false pretences any instrument, it shall be sufficient to de- 
 scribe such instrument by any name or designation by which 
 the same may be usually known, or by the purport thereof, 
 without setting out any copy or/ac simile thereof, or other- 
 wise describing the same or the value thereof. 
 
 81. In any indictment for engraving or making the indktment^for 
 whole or any part of any instrument or thing, or for using 
 
 or having the unlawful possession of any plate or_ other 
 material, upon which the whole or any part of any instru- 
 ment or thing shall have been engraved or made, or for 
 
650 ADMINISTEATION OP CRIMINAL JUSTICE. [PART IT. 
 
 Chap. 168. having the unlawful possession of any paper upon which 
 the whole or anj^ part of any instrument or thing shall have 
 been made or printed, it shall be sufiScient to describe such 
 instrument or thing by any name or designation by which 
 the same may be usually known, without setting out any 
 copy or/ac simile of the whole or any part of such instru- 
 ment or thing. 
 Description of 82. In all other cases, wherever it shall be necessary to 
 indictaent. '" make any averment in any indictment as to any instrument, 
 whether the same consists wholly or in part of writing, 
 print or figures, it shall be sufficient to describe such in- 
 strument by any name or designation by which the same may 
 be usually known, or by the purport thereof, without setting 
 out a copy or fac simile of the whole or any part thereof. 
 83. It shall be sufficient in any indictment for forging, 
 ocssary in tiie uttering, offering, disposing of, or putting off any instru- 
 ladictment. nient, or for obtaining or attempting to obtain any pro- 
 perty by false pretences, to allege that the defendant did 
 the act with intent to defraud, without alleging the intent 
 of the defendant to defraud any particular person, and on 
 the trial of any of the offences in this section mentioned, 
 it shall not be necessary to prove an intent on the part of 
 the defendant to defraud any particular person, but it shall 
 be sufficient to prove that the defendant did the act charged 
 with an intent to defraud. 
 Verdict of jury Si. If on the trial of any person charged with any 
 
 m oases wliere n ■, ■ ^ .iiii j_j.i' xi 
 
 offences are not iclony Or misdemeanor, it shall appear to tlie jury upon the 
 eompieted. evidence that the defendant did not complete the offence 
 charged, but that he was guilty only of an attempt to com- 
 mit the same, such person shall not, by reason thereof, be 
 entitled to be acquitted, but the jury shall be at liberty to 
 return as their verdict, that the defendant is not guilty of 
 the felony or misdemeanor charged but is guilty of an 
 attempt to commit the same ; and thereupon such per- 
 son shall be liable to be punished in the same manner as if 
 he had been convicted upon an indictment for attempting 
 to commit the particular felony or misdemeanor charged in 
 such indictment ; and no person tried as lastly mentfoned 
 shall be liable to be afterwards prosecuted for committing 
 or attempting to commit the felony or misdemeanor for 
 which he was so tried, 
 oovernor may 85. The govemor in council may order a special sitting 
 si'ttfngsfor trial of the Supreme court in any cf the counties of this pro- 
 of felonies. yince, for the trial of prisoners charged with felonies. 
 Particular day 86. Such Order shall appoint a particular day when the 
 tobe^app^o^inted court shall be held, and shall be published in the royal 
 gazette for at least three weeks before the day appointed 
 for opening 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 sheriff of the county wherein the special sitting of the 
 court is to be held. 
 
TITLE XLII.] DUTIES OP MAGISTRATES IN CRIMINAL CASES. 651 
 
 87. Upon the receipt of the order by4he prothonotary, Chap. 169. 
 he shall issue venires for the grand and petit jury to meet s„n,„onin~ 
 at the time specified therein, and the sheriff shall imme- jurors and°Tie- 
 diately 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. 
 
 88. Any judge of the supreme court may preside at Presiding judge 
 such special sitting, and all trials, judgments, and proceed- to''haye''saSfl 
 ings thereat shall have the same force and effect as if such fo™e as if had 
 
 p.., , ,. ,^^ at ordinary 
 
 trials, judgments, and proceedmgs had jtaken place at one terms or sit- 
 of the ordinary terms or sittings of the court. *'"^^' 
 
 89. The presiding judge may adjourn the sittings from judge may ad- 
 day to day as occasion may require. ■'™™ ^'"'"ss. 
 
 90. The provisions of the last five sections may be Extended to 
 extended to the trial of criminals charged with misde- meanMs ™'^'^^" 
 meaner. 
 
 CHAPTER 169. 
 
 OF THE DUTIES OF JUSTICES OF THE PEACE IN CRIMINAL 
 MATTERS. 
 
 1. In all cases where a charge or complaint (A.) shall be Persons guilty 
 made before a justice that a person has committed or is an Sotabie"^ 
 suspected of having committed any indictable offence apprehended. 
 within the limits of the jurisdiction of such justice, or that 
 a person has committed or is suspected to have committed 
 an indictable offence out of the jurisdiction of such justice 
 and is residing or is suspected to be within the limits of the 
 jurisdiction of such justice, if the person so charged or 
 complained against shall not then be in custody, such jus- 
 tice shall issue his warrant (B.) to apprehend such person, 
 to be dealt with as therein and thereby directed ; but in- 
 stead of a warrant in the first instance, the justice, if he 
 think fit, may issue his summons (.C.) requiring such per- 
 son to appear at a certain time and place therein mentioned 
 to answer to the charge preferred. If after being served 
 with such summons in manner hereinafter prescribed, such 
 person shall fail to appear in obedience thereto, such justice, 
 or any other justice of the county, may issue his warrant 
 (D.) to apprehend suoh person to be dealt with as in such 
 last mentioned warrant directed. But nothing in this sec- 
 tion contained shall prevent a justice from issuing the war- 
 rant hereinbefore first mentioned at any time before (sr 
 after the time mentioned in the summons for the appearance 
 of the accused party. 
 
652 DUTIES OP MAGISTRATES IN CBIMINAL CASES. [PART IV. 
 
 Chap. 169. 2. In all cases of indictable offences committed on the 
 vfhen the of- high seas, or in any creek, harbor, haven or other place in 
 mlttedonthe ^hich the admiralty of England have or claim to have juris- 
 highsoaaor on diction, and in all cases of offences committed on land 
 the seas. beyond the seas for which an indictment may be preferred 
 
 within this province, a justice for any county in which any 
 person charged with having committed or being suspected 
 to have committed any such offence shall be or be suspec- 
 ted to be, may issue his warrant (B.) to apprehend such 
 person, to be dealt with as therein and thereby directed. 
 When an indict- 3. Where an indictment shall be found by the grand 
 S'nd'the'^a^ty J^^^ against a person then at large; whether such person 
 hath not ap- shall have been bound by recognizance to appear to answer 
 ofprocoedin^^'' the Same or not, the person acting as clerk of the court 
 where the indictment shall be found shall at any time after- 
 wards after the end of the same term or sittings, upon 
 application of the prosecutor or any person on his behalf, 
 and on payment of one shilling, if such person shall not 
 have already appeared and pleaded to such indictment, 
 grant unto such prosecutor or person a certificate (F.), 
 which being produced to a justice of the county where the 
 offence shall in such indictment be alleged to have been 
 committed or in which the person indicted shall be suspec- 
 ted to be, such justice shall issue his warrant (G.) to appre- 
 hend the party so indicted ; upon the party being appre- 
 hended and being proved to be on oath the same person 
 charged in the indictment, the justice before whom he is 
 brought shall without further inquiry or examination, by 
 warrant (H.) commit him for trial or admit him to bail as 
 hereinafter mentioned. If the person indicted shall then 
 be confined in jail for any other offence, then the justice, 
 upon it being proved before him upon oath that the person 
 indicted and the person so confined are the same person, 
 shall issue his warrant (I.) directed to the keeper of such 
 jail, commanding him to detain such person in custody until 
 discharged therefrom by due course of law. 
 Warrants may 4. A justice of the peace may grant or issue any such 
 issue on a Sun- ^g^^.j-^jj); qj. a,ny search Warrant on a Sunday as well as on 
 
 any other day. 
 whenawarrant 5- Whenever a charge or complaint for any indictable 
 shall issue for offence shall be made before a jiistice, if it be intended to 
 offence, infer- issuc a Warrant in the first instance against the party 
 in'^w'r?ti™g^un- charged, an information and complaint thereof (A.) in writ- 
 w'ise°°ffhoS*'r'^" i"g OJ^ *he oath of the informant or of some witness in that 
 summons shaU behalf shall be laid before the justice ; but where it is in- 
 
 issue; variances , i i , ■ ■ ii £ j. • j. J.^ ■ e 
 
 unobjection- tended to issue a summons m the first instance, the mtor- 
 °'^^^' mation and complaint need not be in writing, nor upon 
 
 oath, but may be by parol, and no objection shall be taken 
 or allowed to any such information or complaint tor any 
 alleged defect therein in substance or in form, or for any 
 variance between it and the evidence adduced on the part 
 
yan- 
 
 TITLE XLII.] DUTIES OF MAGISTRATES IN CRIMINAL CASES. 653 
 
 of the prosecution before the justice who shall take the Chap. 169. 
 examination of the witnesses in that behalf. 
 
 6. Upon such information and complaint being so laid, Proooedings by 
 the justice receiving the same may, if he shall think fit, wTraSt'*;''™!' 
 issue his summons or warrant respectively, as hereinbefore a&all ZVs^- 
 directed, to cause the party charged to appear as therein journmcnt, 
 and thereby directed ; and every such summons (C.) shall 
 be directed to the party so charged in and by such infor- 
 mation and shall shortly state the matter of such infor- 
 mation, and shall require the party to whom directed, to 
 appear at a certain time and place therein mentioned, to 
 answer to such charge; and such summons shall be served 
 by a constable or other peace officer upon the person to 
 whom directed by delivering the same to the party per- 
 sonally, or if he cannot conveniently be met with, then by 
 leaving the same with some person for him at his last or 
 usual place of abode ; and the person who shall have served 
 the same, shall attend at the time and place and before the 
 justice in the summons mentioned, if necessary, to verify 
 such service upon oath ; and if the party summoned shall 
 not appear as required, the justice shall issue his warrant 
 (D.) to compel his attendance as therein and thereby pre- 
 scribed. If any variance, or alleged defect in substance 
 or in form between the summons or warrant, and the evi- 
 dence adduced in support thereof sliall appear to the justice 
 to be such that the party charged has been deceived or 
 misled thereby, such justice, at the request of the party 
 charged, may adjourn the hearing of the case to a future 
 day, and remand such party or admit him to bail as herein- 
 after mentioned. 
 
 7. It shall not be necessary to make a warrant (B.) re- ^otTe 
 turnable at any particular time, but it may remain in force ycuia*^°m|'*'' 
 until it shall be executed. It may be executed by appro- how and where 
 bending the offender at any place within which the justice ftcsh^pursutt; 
 issuing it hath jurisdiction, or in case of fresh pursuit at "f variances. 
 any place in the next adjoining county or place and within 
 
 seven miles of the border of such first mentioned county, 
 without having such warrant backed as hereinafter men- 
 tioned. No objection shall be taken or allowed to any such 
 warrant for any defect therein in substance or in form, or 
 for any variance between it and the evidence adduced on 
 the part of the prosecution before the justice who sliall 
 take the examination of the witnesses in that behalf as 
 hereinafter mentioned ; but if it appear to the justice that 
 the party charged has been deceived or misled by any such 
 variance, at his request the justice may adjourn the hearing 
 of the case to a future day, and in the meantime remand 
 the party charged or admit him to bail as hereinafter men- 
 tioned. 
 
 8. If the person against whom any such warrant shall ^dm^sod^'^pro- 
 be issued shall not be found within the jurisdiction of the °^«'^'^f^ f^^"' 
 justice issuing the same, or if he shall be or be suspected prosecutor or 
 
 Warrant need 
 return- 
 
654 DUTIES OP MAGISTRATES IN CRIMINAL CASES. [PART IV. 
 
 Chap. 169. to be in any place within this province, a justice of the 
 anj^f'tiie wit- ^o^^ntj Or placc where such person shall be or be suspected 
 iiesses aiiaii re- to be, upon proof made upon oath of the handwriting of 
 ty where tiio tlie justicc issuing the Warrant, may make an endorsement 
 yrahemiod! °'^'' (K.) upon such Warrant, signed with his name, authorizing 
 the execution thereof as thereon endorsed, and the carrj'- 
 ing of the person therein named, when apprehended, before 
 the justice who first issued the warrant or some other 
 justice of that county or place where the offence men- 
 tioned in the warrant appears therein to have been com- 
 mitted ; but if the prosecutor or any of the witnesses for 
 the prosecution shall then be in the county or place where 
 the person shall have been so apprehended, the party appre- 
 hending him, if so directed by the justice Ijacking the war- 
 rant, shall convey him before such last mentioned justice 
 or some other justice of the same county or place, and 
 thereupon such justice may take the examination of such 
 prosecutor or witnesses, and proceed in every respect in 
 manner hereinafter directed with respect to persons charged 
 before a justice with an offence alleged to have been com- 
 mitted in another county or place than that in which such 
 person has been apprehended. 
 Evidence for 9. If it shall be made to appear to any justice by oath 
 
 tfonTow^seou- *^'''* ^^V pcrsou within his jurisdiction is likely to give 
 I'ed.' material evidence for the prosecution and will not volun- 
 
 tarily appear for the purpose of being examined, such jus- 
 tice shall issue his summons (L. 1) to such person, requir- 
 ing him to appear at the time and place therein mentioned 
 to testify as therein directed. If without sufficient excuse 
 he neglect to appear at such time and place after proof 
 upon oath of such summons having been served upon such 
 person either personally or by leaving the same with some 
 person for him at his last or usual place of abode, the 
 justice before whom such person should have appeared 
 may issue a warrant, (L. 2) which warrant, if necessary, 
 may be backed as other warrants. If such justice shall be 
 satisfied by evidence upon oath that it is probable that 
 such person will not attend to give evidence unless com- 
 pelled, then, instead of a summons, he may issue a warrant 
 (L. 3) in the first instance, which, if necessary, may be 
 backed as above. If on the appearance of such person, 
 either in obedience to the summons or under the warrant, 
 he shall ijefuse to be examined upon oath concerning the 
 premises, or shall refuse to take such oath, or. having taken 
 such oath shall refuse to answer questions concerning the 
 premises without just excuse for such refusal, the justice by 
 warrant (L. 4) may commit such party so refusing to jail, 
 for any time not exceeding seven days, unless he shall in 
 the meantime consent to be examined and to answer, 
 ivoeeedings he- 10. Whenever any person shall appear or be brought 
 wiiere^r party before a justice charged with an indictable offence, whether 
 
 . .. ,a 
 
TITLE XLII.] DUTIES OP MAGISTRATES IN CEIMINAL CASES. 655 
 
 committed within the province or. upon the high seas, or on Chap. 169. 
 land beyond the sea, whether such person appear volun- i^ciTarged with 
 tarily or be in custody for the same or another offence, the °e°c"*'-'°de*'!fsi''" 
 justice, before he commit the accused person for trial or tionsiiow taken 
 admit him to bail, shall in the presence of the accused per- u^dTif trial.'*' 
 son, who shall be at liberty to put questions to any witness 
 produced against him, take the statement (M.) on oath of 
 those who shall know the facts and circumstances of the 
 case, and shall put the same into writing; and such deposi- 
 tions shall be read over to *and signed respectively by the 
 witnesses so examined, and shall also be signed by the 
 justices taking the same. Before any such witness shall be 
 examined the justice shall administer the usual oath, and if 
 upon the trial of the person accused it shall be proved 
 upon oath that any person whose deposition shall have been 
 so taken is dead, or so ill as to be unable to travel, and also 
 that such deposition was taken in the presence of the per- 
 son accused, and that he, or his counsel or attorney, had 
 full opportunity of cross examining the witness, then if 
 such deposition purport to be signed by the justice by or 
 before whom the same purports to have been taken, it may 
 be read in evidence on such prosecution without further 
 proof, unless it shall be proved that such deposition Avas 
 not in fact signed by the justice purporting to sign the 
 same. 
 
 11. After the examination of all the witnesses on the Depositions to 
 part of the prosecution shall have been completed, the tobTo'!i,ut?one5 
 iustice shall, without requiring the attendance of the wit- and questioned; 
 
 J ' "1 °i , ,1 'J J.1, J ■ 1"S answers, it 
 
 nesses, read or cause to be read to the accused, tne deposi- any to be re- 
 tions taken against him, and shall say to him these words, f^o°''and°mIy " 
 or to the like effect : ^<'"='='^ °° '"*i 
 
 "Having heard the evidence, do you wish to say any- 
 thing in answer to the charge? You are not obliged to 
 say anything unless you desire to do so, but whatever you 
 say will be taken down in writing and may be given in 
 evidence against you upon your trial." 
 
 And whatever the prisoner shall then say in answer 
 thereto shall be taken down in writing (N.) and read over 
 to him, and shall be signed by the justice and kept with the 
 depositions of the witnesses, and shall be transmitted with 
 thein as hereinafter mentioned, and upon the trial of the 
 accused party the same may if necessary be given in evi- 
 dence against him without further proof thereof, unless it 
 shall be proved that the justice purporting to sign the same 
 did not in fact sign the same ; but before such accused per- 
 son shall make any statement, the justice shall state to him, 
 and give him clearly to understand, that he has nothing to 
 hope from any promise of favor and nothing to fear from 
 any threat which may have been holden out to him to in- 
 duce him to make any admission or confession of his guilt, 
 but that whatever he shall then say may be given in evi- 
 
656 DUTIES OP MAGISTRATES IN CEIMINAL CASES. [PAET IV. 
 
 Chap. 169. dence against him upon his trial. The prosecutor may, 
 however, give in evidence any admission or confession or 
 other statement of the person accused or charged, made at 
 any time which by law would be admissable evidence against 
 such person. 
 RoomifThereex- 12. The room Or building in which the justice shall 
 taken noTne-'' take such examinations or statements as above shall not be 
 oMnoourS" deemed an open court for that purpose, and the justice at 
 his discretion may order that no person shall have access 
 to, or be or remain in such room or building without the 
 consent of such justice, if it appear to him that the ends of 
 justice will be best answered by so doing. 
 Recognizance 13. The justice before whom any witness shall be ex- 
 .nncF'^ffitneas"' amlncd may bind by recognizance (0.1) the prosecutor 
 pers'how and" ^'^d every such witness to appear at the next term or sit- 
 where returned, ting of the court in which the accused is to be tried, then 
 and there to prosecute, or to prosecute and give evidence, 
 or to give evidence, as the case may be, against the party 
 accused, which recognizance shall specify the profession, 
 mystery, art, or trade of every such person recognized, 
 together with his christian and surname, and the place of 
 his residence, and being duly acknowledged it shall be sub- 
 scribed by the justice before whom taken, and a notice 
 (0. 2) thereof shall at the same time be given to the person 
 bound thereby : and the several recognizances so taken, 
 together with the written information, if any, tlie deposi- 
 tions, the statement of the accused, and the recogoizance 
 of bail, if any in such case, shall be delivered by the justice 
 to the proper officer of the court in which the trial is to be 
 had, before or at the opening of the court on the first day 
 of term, or at such other time as the presiding judge there- 
 of shall order. If such witness shall refuse to enter into 
 such recognizance the justice by his warrant (P. 1) may 
 commit him to jail in the county where the trial is to be 
 had until after the trial of the accused party, unless in the 
 meantime he shall enter into such recognizance before some 
 justice of the county where such jail is situate. If after- 
 wards for want of sufficient evidence in that behalf, or other 
 cause, the justice before whom such accused party shall 
 have been brought shall not commit him or hold him to bail 
 for the offence with which he shall have been charged, 'the 
 same or any other justice of the county by his order (P. 2) 
 may direct the keeper of such jail to discharge him from 
 further custody, and such keeper shall forthwith discharge 
 him accordingly. 
 S'arty may be 14. If from the absence of witnesses, or for any other 
 furthOT^exami- reasonable cause, it shall become necessary or advisable 
 "iierefor ■"«!-" ^0 defer the examination or further examination of any 
 CTgnizance for witnesses for anytime, the justice before whom the ac- 
 a'«n'iiTfOT-°^' cused party shall appear or be brought may by his warrant 
 feitod. ^Q_ 1^ ^Yom time to time remand the party accused for 
 
TITLE XLII.] DUTIES OP MAGISTEATES IN CRIMINAL CASES. 657 
 
 suoh time as to him shall seem reasonable, not to exceed Chap. 169. 
 
 eight clear clays, to jail or other place of security in the 
 
 county. If the remand be for a period not exceeding 
 three clear days the order therefor may be made verbally 
 to a constable or person to be named by the justice in that 
 behalf, with directions to bring tip the accused party again 
 at a time and place appointed for continuing the exami- 
 nation. But any justice may order the accused party to 
 be brought before him or any other justice for the same 
 county or place before the expiration of the time for 
 which the accused shall be so remanded, and the jailer or 
 officer in charge shall obey such order, and any justice 
 before whom the accused shall so appear or be brought, 
 may discharge him upon his entering into a recognizance 
 (Q. 2, 3) with or without a security or securities, at the 
 discretion of the justice, conditioned for his appearance 
 at the time and place appointed for the continuance of 
 such examination. If he shall not appear, then such jus- 
 tice or any other justice present, upon certifying (Q. 4) 
 upon the back of the recognizance, may transmit such re- 
 cognizance to the prothonotary of the court of the county 
 within which such recognizance shall have been taken, to 
 be proceeded upon as other recognizances, and such certifi- 
 cate shall be prima facie evidence of the non-appearance 
 of such accused party. 
 
 15. Whenever a person shall appear or be brought be- Procccding« 
 fore a justice charged with an offence alleged to have been ^n™ charged 
 committed within a county or place wherein such justice has been com- 
 
 • • T • 1 in • 1 • mitted in a 
 
 shall not have jurisdiction, he shall examine such witnesses county where 
 and receive such proof of the charge as shall be brought notjurisdletion. 
 before him, and if in the opinion of such justice the evidence 
 adduced shall be sufficient proof of the charge made against 
 the accused party, the justice shall thereupon commit him 
 to jail, or shall admit him to bail as hereinafter mentioned, 
 and shall bind over the prosecutor if he have appeared be- 
 fore him, and the witnesses by recognizance accordingly 
 as hereinbefore mentioned. But if the evidence shall not 
 in the opinion of such justice be sufficient to put the accu- 
 sed party upon his trial for the offence with which he is 
 charged the justice shall bind over such witnesses as he 
 shall have examined by recognizance to give evidence as 
 hereinbefore mentioned, and he shall issue his warrant (R. 1) 
 in that behalf, and at the same time deliver the informa- 
 tion and complaint, and the depositions and recognizances 
 so taken by him, to the constable having the execution 
 of the last named warrant, to be by him delivered to the 
 justice before whom he shall take the accused, and the de- 
 positions and recognizances shall have the same validity 
 and effect as if taken before such last mentioned justice ; 
 and they, with such depositions and recognizances as the 
 last mentioned justice shall take in the matter, shall be 
 
658 DUTIES OP MAGISTRATES IN CRIKINAL CASES. [PAET IV, 
 
 Chap. 169. transmitted to the court where the accused party is to be 
 
 tried, if he shall be committed for trial or admitted to bail. 
 
 ft)r°e°tho'°SHo6 ^^' ^^ *^'® accused party shall be taken before the justice 
 havingjurisdio- last mentioned by virtue of such last named warrant, the 
 piMo'whM-ethe psrson SO conveyiug him shall be entitled to be paid his 
 Stted^exp°en-' '^osts and expenses for that service, and upon his produ- 
 sesofo&oer, cing the accused party before such justice, and delivering 
 defray^ed!' ^" him into custody as such justice shall direct, and deliver- 
 ing his warrant, the .information, if any, depositions and 
 recognizances, and proving- by oath the hand-writing of 
 the justice subscribing the same, such justice to whom 
 the accused party is produced shall forthwith ascertain 
 the sum which ought to be paid for such service, and for 
 his reasonable costs and expenses of returning, and shall 
 thereupon make an oi'der (R. 2) in favor of such person 
 upon the county treasurer for payment thereof, and the 
 treasurer upon production of the order shall pay the 
 same in the usual course. If the justice last named shall 
 not think the evidence against sucli accused party suffi- 
 cient to put him upon trial he shall discharge him without 
 bail, and the recognizances taken by such first named 
 justice shall be void. 
 Justices may 17. Where a person shall appear or be brought before 
 offences'; trea- ^ justioe, charged with any ofi'ence other than treason, or a 
 punfshaMe""'*' f^lony punishable with death, he may in his discretion ad- 
 Tcitii death ex- mit such persou to bail upon such surety or sureties as he 
 "^^ ^ ' shall think sufficient to ensure the appearance of the person 
 
 accused at the time and place for the trial of such offence, 
 and he shall take the recognizance (S. 1), and notice thereof 
 (S. 2) shall be given. 
 Parties, how ad- 18. In all cases where a person charged with an indict- 
 after commit- able offence shall be committed for trial, the justice who 
 "'^°'' shall have signed the warrant for his commitment, may at 
 
 any time before trial, at his discretion, admit such accused 
 party to bail as above, if he shall be of opinion that such 
 accused party ought to be admitted to bail, he shall in such 
 case certify (S. 3) on the back of the warrant of commit- 
 ment his consent to such party being bailed, stating. the 
 amoi:nt of bail which ought to be required, and thereupon 
 any justice attending, or being at the jail where such accu- 
 sed party shall be in custody, on production of such certifi- 
 ficate shdl admit him to bail in manner above mentioned, or 
 if it shall be inconvenient for the surety or sureties in such 
 case to attend at such jail to join with the accused person 
 in the recognizance the committing justice may make a du- 
 plicate of such certificate (S. 4), and upon the same b>jing 
 produced to any justice for the same county or place he 
 may take the recognizance of the surety or sureties in con- 
 formity therewith. 
 Same si^bject. 19. Upon such recognizances being transmitted to the 
 keeper of such jail, and produced, together with the cer- 
 
TITLE XLII.J DUTIES OP MAGISTRATES IN CRIMINAL CASES. 659 
 
 tificate on the warrant of commitment, to a justice attend- Chap. 169. 
 
 ing or being at the jail, he may thereupon take the recogni- ^^^ ^ . 
 
 zance of the accused party and order him to be discharged out "ow transmit- 
 of custody as to that commitment as hereinafter mentioned, p^ *oVoct ;''"" 
 
 20. In all cases where an accused party in custody shall loS^punih!" 
 be admitted to bail by a justice other than the committing able with death 
 justice, such justice so admitting him to bail shall forth- by'the lupeme 
 with transmit the recognizance of bail to the proper officer j°idgl'"^ * 
 
 or to the committing justice, to be transmitted by him, with 
 the examinations, to such officer. 'But no justice of the 
 peace shall admit any person to bail for treason, or a felony 
 punishable with death, nor shall such person be admitted to 
 bail except by the supreme court or by one of the justices 
 thereof 
 
 21. In all cases where a justice shall admit to bail a Warrants of de- 
 person who shall then be in prison charged with the offence su™'where a'^" 
 for which he shall be so admitted to bail, such iustice shall K^'^^^™^* 
 send to or cause to be lodged with the jailer a warrant of de- 
 liverance (S.5),andthereuponsuch jailer shall obej' the same. 
 
 22. When all the evidence offered upon the part of the n the eTidenoe- 
 prosecution shall have been heard, if the justice shall be the'party shall 
 of opinion that it is insufficient to put the accused party otheiwl'se'^ffo''' 
 upon his trial for any indictable offence, he shall forthwith shaii be com- 
 order such accused party, if in custody, to be discharged muted to ban.. 
 as to the information then under inquiry ; but if he shall think 
 
 the evidence sufficient to put the accused party upon his 
 trial for an indictable offence, or if the evidence given raise 
 a strong or probable presumption of the guilt of the accu- 
 sed party, then the justice shall by his warrant (T ].) com- 
 mit him to jail until he shall be delivered by due course of 
 law, or admit him to bail as hereinbefore mentioned. 
 
 23. The constable or person to whom the warrant of Jailer to give 
 commitment shall be directed shall convey the person accu- recefpt°for the*' 
 sed to jail as therein dii'ected, and there deliver him to- Fngfcrt'hh"" 
 gether with such warrant to the jailer, who shall thereupon |':§^jj^°'' ™°- 
 give a receipt (T 2) for such prisoner, setting forth the 
 
 state and condition in which such prisoner was when he was 
 so delivered into custody. 
 
 24. The several forms in the schedule to this chapter f^''^\jj^"™j'jf - 
 contained, or forms to the same effect, shall be valid. duie annexed. 
 
 SCHEDULE. 
 
 (A.) 
 Information and complaint for an indictable offence. 
 
 County of , ) 
 
 to Avit: j" 
 The information and complaint of C. D., of , [yeo- 
 man,'] taken this day of , A. D. 18— ,. before the 
 
 undersigned, who saith that [cfcc, stating the offence.] 
 42 
 
660 DUTIES OP MAGISTRATES IN CRIMINAL CASES. [PAET IV. 
 
 Chap. 169. Sworn before me, the day and year first above men- 
 
 ■ ~ tioned, at . 
 
 J. S., J. P. 
 
 (B.) 
 
 Warrant to apprehend a person charged with an indictable 
 
 offence. • 
 
 To any constable or peace officer of the county of : 
 
 Whereas A. B., of , [laborer,] hath this day been 
 
 ■charged upon "oath before the undersigned, for that he on 
 
 the day of , at , did [d:c. stating shortly 
 
 the offence .•] These are therefore to command you forth- 
 with to apprehend the said A. B., and to bring him before 
 me or some other of her majesty's justices of the peace in 
 and for the said county, to answer such charge, and to be 
 further dealt with according to law. 
 
 Given under my hand and seal at , this day 
 
 of at , A. D. 18—. 
 
 J. S., J. P. (seal.) 
 
 (0.) 
 
 Summons to a person charged ivith an indictable offence. 
 
 To A. B., of , [laborer. ■] 
 
 Whereas you have this day been charged before the un- 
 dersigned for that you on the day of , [d:c. 
 
 ■stating the natii,re of the offence .•] These are therefore to 
 
 command you to appear before me on the day of 
 
 , at o'clock in the noon, at , or be- 
 fore some other justice or justices of the peace as may then 
 be there, to answer such charge, and to be further dealt 
 with according to law. Herein fail not. 
 
 Given under my hand and seal, at , this 
 
 ,day of A. D. 18—. 
 
 J. S. J. P. (seal.) 
 
 (D.) 
 
 Warrant where the summons is disobeyed. 
 
 To any constable or other peace officer of the county of 
 
 Whereas on the day of , last past, A. B., of 
 
 -, [laborer^ was charged before the undersigned for that 
 
 [&c. as in summons .•] and whereas I then issued my sum- 
 mons to the said A. B., commanding him to appear before 
 
 me on the day of , at o'clock in the 
 
 noon, at , or before such other justice or' justices of 
 
 the peace as might then be there, to answer such a charge. 
 
YITLE XLII.] DUTIES OV MAGISTRATES IN CRIMINAL CASES. '6'61 
 
 tind to be further dealt with according to law ; and whereas Chap. 16D. 
 
 'the *aid A. B. hath neglected to appear at the time and 
 
 place appointed by such summons, although it hath now 
 been proved to me upon oath that such summons has 
 been duly served upon the said A. B. : These are therefore 
 to command you forthwith to apprehend the said A. B. and 
 bring him before me or some other justice of the peace, to 
 answer such charge, and to be further dealt with according 
 to law. Herein fail not. 
 
 Given under my hand and seal, at , this 
 
 day of , A, D. IS—. 
 
 J. -S., J. P. (seal.) 
 
 (E.) 
 
 Warrant to apprehend a person charged wiih an indictable 
 offence committed on the high seas or abroad. 
 
 For offences committed on the high seas the warrant may 
 be the same as in ordinary cases, but describing the offence to 
 have been committed " on the high seas, out of the body of 
 any county of this province, and within the jurisdiction of 
 the admiralty of England." 
 
 For offences committed abroad for which the parties may 
 be indicted in this province, the warrant also may be the same 
 as in ordinary cases, but describing the offence to have been 
 
 committed " on land out of the province, to wit : at- — ■ , 
 
 in the kingdom of , or " at , in the island of 
 
 , in the West Indies," or "at , in the East fo- 
 
 dies," ©r as the case may be. 
 
 (F.) 
 
 Certificate of indictment being found. 
 
 I hereby certify that at a court of oyer and terminer ahd 
 general jail delivery, [or a court of general sessions of the 
 
 ^eace,] ' holden in and for the county of , at , 
 
 in , a bill of indictment was found by the grand jury 
 
 against A. B. therein described as A. B. late of -^ '— , 
 
 \laborer,] for that he [(fee, stating shortly the offence,] and 
 that the said A. B. hath not appeared and pleaded to the said 
 indictment. 
 
 Dated this day of ■ — , 18 — . 
 
 J. D. 
 Clerk [or deputy cleric] of the 
 crown, [or cleric of the peace.] 
 
 (G.) 
 Warrant to a2)prehend a person indicted. 
 To any constable or peace officer of the couty of- 
 
 Whereas it hath been duly certified by J. D., clerk [or 
 
662 DUTIES OF HAGISTSATES IN CEISTmAX CASES. [PAET IT, 
 
 Chap. 169. deputy cleric] of the crown [or clerJc of the peace] that [&c, 
 stating the certificate r] These are therefore to coHimand yois 
 forthwith to apprehend the said A. B. and to bring him 
 before me or some other jiTstice or jiastices of the peacej, 
 to be dealt with according to law. 
 
 Given under my hand and seal^ at ^this day 
 
 of . — ,A. D. 18— . 
 
 J. S. J. P. (seal.) 
 
 (H.) 
 
 Warrant of comraitment of a person indicted. 
 
 To any constable of — , and to the keeper of the jail of 
 
 the county of : 
 
 Whereas, by warrant under my hand and seal,, dated the 
 -day of , after reciting that it had been certified 
 
 by J. D. [&c. as in the certificate,] I commanded the con-- 
 stables and all other peace officers of the said county, forth- 
 with to apprehend the said A. B. and bring him before me 
 the undersigned, or before some other jmstice or justices of 
 the peace, to be dealt with according to law : and whereaS' 
 the said A. B. has been apprehended under such warrant,. 
 and being now brought before me, it is proTed upon oath 
 that the said A. B. is the same person who is named and 
 charged in and by the said indictment : These are therefore 
 to command yoia the said coBstable, forthwith to take and 
 
 safely convey the said A. B. to the jail at , in the 
 
 said county, and there to deliver him to the keeper thereof,, 
 together with this warrant ; and I hereby command you the 
 said keeper to receive the said A. B. into your custody iu 
 the said jail, and him there safely to keep until he shall be 
 thence delivered by due course of law. 
 
 Given under my hand and seal, at ^this day 
 
 of , A. D. 18~. 
 
 J, S., J, P. (seal.) 
 
 (I.) 
 
 fVarrant to detain a person indicted ivho is already in cus- 
 tody for another offence. 
 
 To the keeper of the jail at , in the county of - 
 
 Whereas it hath been duly certified by J. D., clerk [or 
 deputy clerk] of the crown [cyr clerJc of peace] for the county 
 
 of , \&c. stating the certificate :] And whereas I am 
 
 informed that the said A. B. is in your custody in the said 
 
 jail at , aioresaid, charged with some offence or other 
 
 matter ; and it being now proved upon oath before mo that 
 the said A. B.- so indicted and tlie said A. B. so in your cus- 
 torly.are one and the same person: these are tlierefore to 
 command you to detain the said A. B. in your custody 
 in the jail aforesaid,, until by writ of habeas corpus he 
 
iriTLB SLII.J DUTIES •05' MAGISTRATES IS CRIMINAl, CASES. 663 
 
 flhall be removed therefrom for the purpose of being tried Chap. 1 09. 
 'upon the said iadietment, or until he shall be otherwise re- 
 moved or discharged oat of your custody by due course of 
 law. 
 
 Given under my hand and seal, at ^ this day 
 
 of — ■-, A. D. 18—. 
 
 J. S.,J.P. (seal.) 
 
 (K.) 
 
 Endorsement in bacJcing a warrant 
 
 Coimty of 
 
 to wit : 
 Whereas proof upon oath hath this day been made before 
 
 me, a justice of the peace for the said county of , 
 
 that the name of J. S. to the within warrant subscribed, is 
 •the handwriting of the justice of the peace within men- 
 tioned, I do therefore hereby authorize W. T., who bringeth 
 -to me this warrant and all other persons to v/hom the same 
 was originally directed, or by whom it may be lawfully ex- 
 ecuted, and also all constables and other peace officer's of the 
 -said county to execute the same within the last mentioned 
 ■county*, and to bring the said A. B., if apprehended within 
 the same county, before me, or before some other justice 
 or justices of the peace of the same Gounty^ to be dealt 
 with according to law. 
 
 Given .under my hand this day of ^ 18. — ■ 
 
 J. S., J. P. 
 
 * The words foUomng the asterisk are to be used-oiily where the justice haclticg 
 ithe warrant shaU think lit. 
 
 (L. 1.) 
 Summons to a witiiess. 
 
 "To E. P. of , \ldborer :] 
 
 Whereas information hath been laid before the under- 
 signed that A. B. \_d:c.a.s in .the summons o?' warrani against ' 
 ihe accused'] and it hath been made to appear to me upon 
 oath that you are likely to give material evidence for the 
 prosecution, these are therefore to require you to appear 
 
 before me on the — — day of ^ next at o'clock 
 
 in the noon, at , or before such other justice or 
 
 justices of the peace as may then be there, to testify what 
 you shall know concerning the said charge so made against 
 the said A. B. as aforesaid. Herein fail not. 
 
 Given under my hand and seal, at this day 
 
 oi , A. D. 1j8— . • 
 
 J, S., J. P. (seal) 
 
664 duties op magistrates. in geiminal gases, [paet it- 
 
 Chap. 169. 
 
 (L. 2.) 
 
 Warrant where a lu'itness his^ not obeij&'i a summons. 
 
 To any constable or other peace officer of the county of 
 
 Whereas information having been laid before the under- 
 signed that A. B. [cfcc. as in summons'] and it having been- 
 
 made to appear to ifae upon oath that E; F. of , [Zo- 
 
 horer] was likely to give material evidence for the prosecu- 
 tion, I did issue my summons to the said E. F., requiring 
 
 him to appear before me at on the day of 
 
 , or before such other jiistice or justices of the peace 
 
 as might then be there^ to testify what he should know 
 I'especting the said charge against the said A. B. ; and 
 whereas proof hath this day been made before me, upo& 
 oath, of such summons having been served upon the said 
 E. F., and whereas the said E. F. hath neglected to appear- 
 at the time and place appointed by the said summons, and 
 no just excuse has been offered for such neglect : these are 
 therefore to command you to bring the said E. F. before me- 
 at ■ on the day of at o'clock in the- 
 
 noon, or before such other justice or justices of the 
 
 peace as may then be there to testify what be shall know 
 concerning the said charge so made against the said A. B'. 
 as aforesaid. 
 
 Given under my hand and seal, at this day- 
 
 of , A. D. 18—. 
 
 J. S., J. P. (seal.) 
 
 (L.. 3.) 
 
 Warrant for a witness in the Jirst instance^ 
 
 To any constable or other peace offic-er of the county 
 of 
 
 Whereas information hath been laid before the under- 
 signed that [(fee. as in swinmionsy] and it having been made 
 
 to appear to me upon oath that E. F. of ■ [labo7'er~l 
 
 is likely to give material evidence for the prosecution, and 
 that it is probable that the said E. F. will not attend to give 
 evidence without being compelled so to do ; these are 
 therefore to command you to bring the^ said E. F. before- 
 
 me at , on the day of , at o'clock in, 
 
 the noon, or before such other justice or justices of 
 
 the peace as may then be there, to testify what he shall 
 know concerning the said charge so made against the said 
 A. B. as^aforesaid. 
 
 Given under my hand and seal, at , this day 
 
 of , A. D. 18— . 
 
 J. S., J. P. (seal.)) 
 
TITLE XLII.] DUTIES OF MAGISTBATES IN CRIMINAL CASES. 665 
 
 (L. 4.) Chap. 169 
 
 Warrant of commitment of a ivitness for refusing to be sworn 
 or to give evidence. 
 
 To any constable of , and to the keeper of the jail 
 
 at , in the county of : 
 
 Whereas A. B. was lately charged before the undersigned 
 for that [cC'c. as in the summons] and it having been made 
 
 to appear to me iipOn oath that E. F. of ■ — was likely 
 
 to give material evidence for the prosecution, I duly issued 
 my summons to the said E. F. requiring him to appear be- 
 fore me at ■ on the daj^ of , or before 
 
 such other justice or justices of the peace as should then 
 be there, to testify what he should know concerning the 
 said charge ; and the said E. F. now appearing before me 
 [or being brought before me by virtue of a loarrant in that be- 
 half to testify as aforesaid] and being required to make 
 oath or afSrmation as a witness in that behalf hath now re- 
 fused so to do [01^ being duly sworn as a witness doth noio 
 refuse to anstuer certain questions concerning the premises 
 which are here put to him] without offering any just excuse 
 for such his refusal : these are therefore to command yoxi the 
 said constable to take the said E. F. and him safely convey 
 to the jail at ■ — , in the county aforesaid, and there de- 
 liver him to the keeper thereof, together with this warrant ; • 
 and I do hereby command you the said keeper of the said 
 jail to receive the said E. F. into your custody in the said 
 
 jail, and him there safely keep for the space of days, 
 
 for his said contempt, unless he shall in the meantime con- 
 sent to be examined and to answer concerning the premises, 
 and for so doing this shall be your sufiicient warrant. 
 
 Given under my hand and seal, at , this day 
 
 of A.D.I 8—. 
 
 J. S., J. P. (seal.) 
 
 (M.) 
 Depositions of witnesses. 
 
 County of- 
 to wit : 
 
 1 
 
 The examination of C. D. of \_farmer,] and E. F. of 
 
 [laborer,] taken on oath this day of , A.D. 
 
 18 — , at , in the county aforesaid, before the under- 
 signed, in the presence and hearing of A. B., who is charged 
 
 this day before me, for that he the said A. B. at , on 
 
 the day of , [c6e. describing the offence as in a 
 
 laarrant of commitment.] 
 
 This deponent, C. D. on his oath saith as follows : \_&c. 
 stating the deposition of the witness as nearly as possible in 
 the words he uses. When his deposition is complete let him 
 sign it.] 
 
666 DUTIES OP MAGISTRATES IN CRIMINAL •CASES. [PART IV. 
 
 Chap. 169. And this deponent, E. F. upon his oath, saith as follows: 
 
 -^ [dc.-] 
 
 The above depositions of C. D. and E. P. were taken 
 
 and sworn before me at — ■, on the day and year first 
 
 above mentioned. 
 
 J. S., J. P. 
 
 (N.) 
 Statement of the accused. 
 
 A. B. stands charged before the undersigned, one of her 
 
 majesty's justices of the peace for the county of , 
 
 this day of A. D. 18 — , for that he the said A. 
 
 B. at , on the day of , [dc. as in the cap- 
 tion of the depositions ;] and the said charge being read to 
 the said A. B., and the witnesses for the proseciition, C. D. 
 and E. P. being severally examined in his presence, the said 
 A. B. is now addressed by me as follows : " Having heard 
 the evidence do you wish to say anything in answer to the 
 charge ? You are not obliged to say any thing unless you 
 desire to do so ; but whatever you say will be taken down 
 in writing, and may be given in evidence against j^ou upon 
 your trial," whereupon the said A. B. saith as follows : 
 
 [^Here state ivhatever the prisoner may say, and hi Ms very 
 ivords, as nearly as possible, — get him to sign it if he ivill.'] 
 
 A. B. 
 
 Taken before me at , on the day and year first 
 
 above mentioned. 
 
 J. S., J. P. 
 
 (0. 1.) 
 
 Becognizance to prosecute or give evidence. 
 
 -\ 
 
 County of — 
 to wit : 
 
 Be it remembered that on the day of , A. D. 
 
 18 — , C. D. of . in the said count)', [farmer] person- 
 ally came before me, a justice of the peace for the said 
 county, and acknowledged himself to owe to oiir sovereign 
 
 lady the queeh, the sum of pounds, to be levied of 
 
 his goods and lands, to the use of our said lady the queen, 
 her heirs and successors, if he the said C. D. shall fail in the 
 condition hereof 
 
 Taken and acknowledged the day and year first above 
 mentioned, at , before me. 
 
 J. S., J. P. 
 
 Condition to prosecute. 
 
 The condition of this recognizance is such, that whereas 
 one A. B. was this day charged before me, J. S., a justice of 
 
TITLE XLII.] DUTIES OF MAGISTEATES IN CBIMINAL CASES. 667 
 
 the peace for that [d:c., as in the caption of the depositions.] Chap. 169. 
 
 If, therefore, he the said C. D. shall appear at the next court 
 
 of oyer and terminer or general jail delivery, [or at the next 
 court 0/ general sessions of the peace,] to be holden in and 
 
 for the cotinty of ,* and there prefer, or cause to be 
 
 preferred, a bill of indictment for the offence aforesaid " 
 against the said A. B., and there also duly prosecute such 
 indictment, then the said recognizance to be void. 
 
 Condition to prosecute and give evidence. 
 
 Same as in the last form to the asterisk (*), and then thus : 
 "and there prefer, or cause to be preferred, a bill' of indict- 
 ment against the said A. B. for the offence aforesaid, and 
 duly prosecute such indictment and give evidence thereon, 
 as well to the jurors who shall then inquire of the said of 
 fence as also to those who' shall pass upon the trial of the 
 said A. a., then the said recognizance to be void." 
 
 Condition to give evidence. 
 
 Same as in the last form hut one to the asterisk [*), and 
 then thus : " and there give such evidence as he knoweth 
 upon a bill of indictment to be then and there preferred 
 against the said A. B. for the offence aforesaid, as well to 
 the jurors who shall there inquire of the said offence as 
 also to the jurors who shall pass upon the trial of the said 
 A. B., then the said recognizance to be void." 
 
 (0. 2.) 
 
 Notice 0/ the recognizance to he given to the prosecutor and his 
 
 witnesses. 
 
 County of ^ ) 
 
 to wit : j 
 Take notice that you, C. D. of , are bound to ap- 
 pear at the next court [where the offence is to he tried] to be 
 
 holden at , in the said county, and then and there 
 
 [prosecute and] give evidence against A. B. ; and unless 
 you then appear there and [prosecute and] give evidence 
 accordingly, the recognizance entered into by you will be 
 
 forthwith levied on you. Dated this day of , 
 
 A. D. 18—. 
 
 J. S., J. P. 
 
 (P. 1) 
 
 Commitvfient of a witness for refusing to enter into the 
 recognizance. 
 
 To any constable of , and to the keeper of the jail at 
 
 , in the county of : 
 
 Whereas A. B. was lately charged before the under.^igned 
 for that [&c., as in the summons to the witness,] and it having 
 
668 DUTIES OP MAGISTRATES IN CRIMINAL CASES. [PART IV. 
 
 Chap. 169. been made to appear to me upon oath that E. F. of ■ 
 
 ■ was likely to give material evidence for the prosecution, I 
 duly issued my summons to the said E. ¥., requiring him to 
 
 appear before me at , on the day of , or 
 
 before such other justice or justices of the peace as should 
 then be there, to testify what he should know concerning 
 the said charge made against the said A. B. ; and the said 
 E. F. now appearing before me [or being brought before me 
 by virtue of a warrant in that behalf] to testify as aforesaid, 
 hath been now examined by me touching the premises, but 
 being required by me to enter into a recognizance condi- 
 tioned to give evidence against the said A. B. hath now re- 
 fused so to do : these are therefore to command you, the 
 said constable, to take the said E. F., and him safely convey 
 
 to the said jail at , in the county aforesaid, and there 
 
 deliver him to the keeper therepf, together with this war- 
 rant ; and I do hereby command you, the keeper of the said 
 jail, to receive the said E. F. into your custody in the said 
 jail, and safely keep him until after the trial of the said A. B. 
 for the offence aforesaid, unless in the meantime he shall 
 duly enter into sucTi recognizance as aforesaid in the sum 
 
 of pounds, before some justice of the peace for the 
 
 said county, conditioned in the usual form to appear at the 
 next court of {oyer and terminer or general jail delivery, or 
 general sessions of the peace) to be holden in and for the 
 
 county of , and there to give evidence before the 
 
 grand jury upon any bill of indictment which may then and 
 there be preferred against the said A. B. for the offence 
 aforesaid, and also to give evidence upon the trial of the 
 said A. B. for the said offence, if a true bill should be found 
 against him for the same. 
 
 Given under mv hand and seal at , this day 
 
 of , A. D. 18—. 
 
 J. S., J. P. (seal.) 
 
 P. 2.) 
 
 Subsequent order to discharge the witness. 
 To the keeper of the jail at , in the county of- 
 
 Whereas by my order dated the day of , A. 
 
 D. 18 — , reciting that A. B. was lately charged before me 
 for a certain offence therein mentioned, and that E. P. having 
 appeared before me and being examined as a witness for the 
 prosecution in that behalf, refused to enter into a recogni- 
 zance to give evidence against the said A. B., and I therefore 
 committed the said E. F. to your custody, and required you 
 to safely keep him until after the trial of the said A. B. for 
 the offence aforesaid, unless in the meantime he should enter 
 into such recognizance as aforesaid ; and whereas for want 
 of sufficient evidence against the said A. B. he has not been 
 committed or holden to bail for the said offence, but on the 
 
TITLE XLII. DUTIES OP MAGISTHATES IN CRIMINAL CASES. Gt)!) 
 
 contrary thereof has since been discharged, and it is there- Chap. 16&. 
 
 fore not necessary that the said E. F. should be detained' 
 
 longer in your custody : These are therefore to order and 
 
 direct you the said keeper to discharge the said E. F. out of 
 
 your custody as to the said commitment, and suffer him to 
 
 go at large. 
 
 Given tinder my hand and seal, at , this d^ay 
 
 of , A. D. 18—. 
 
 J. S., J. P. (seal.) 
 
 (Q. 1.) 
 
 Warrant remanding a prisoner. 
 
 To any constable of and to the keeper of the jail at 
 
 ■ , in the county of : 
 
 Whereas A. B. was this day charged before the under- 
 signed for that [<£c. as in the luarrant to apprehend,~\ and it 
 appears to me to be necessary to remand the said A. B. r 
 These are therefore to command you the said constable 
 
 forthwith to convey the said A. B. to the jail at , in 
 
 the said county, and there to deliver him to the keeper 
 thereof, together with this warrant ; and I hereby command 
 you the said keeper to receive the said A. B. into your cus- 
 tody in the said jail, and there safely keep him until the 
 
 (ky of r^i^*^*^'^t, when I hereby command you to have 
 
 him at , at o'clock in the nooit of the same- 
 day before me or before such other justice or justices of the 
 peace as may then be there, to answer further to the said! 
 charge, and to be further dealt with according to law, unless 
 you shall be otherwise ordered in the meai>time. 
 
 Given under my hand and seal, at ,this day 
 
 of , A. D. 18— 
 
 J. S., J. P. (seal.) 
 
 (Q. 2.) 
 
 Becognkance- of bail instead of remand on an adjournment of 
 examination. 
 
 County of , I 
 
 to wit : ] 
 
 Be it remembered that oh the day of ,, A. D., 
 
 18— , A. B. of , [laborer,'] L. M. of , [grocer,] 
 
 and N. 0. of , [butcher,] personally came before me 
 
 and severally acknowledged, themselves to owe to our lady 
 the queen the several sums following, that is to say : the said 
 
 A. B. the sum of , and the said L. M. and N. 0. the- 
 
 sum of each, to be levied of their several goods and 
 
 lauds respectively to the use of our said lady the queen, her 
 heirs and successors,, if he the said A.. B. fail in the condition 
 SkereofL 
 
670 DUTIES OP MAGISTRATES IN CRIMINAL CASES. [PABT IV. 
 
 Chap. 169. Taken and acknowledged -the day and year first above 
 
 mentioned, at , before me. 
 
 J. S., J. R 
 
 (Condition. 
 
 The condition of this recognizance is such, that whereas 
 
 the said A. B. was this day, [or on the day of 
 
 last past, '\ charged before me for that \_&c. as in theioar- 
 rant ;] and whereas the examination of the witnesses for 
 
 the prosecution in this behalf is adjourned until the 
 
 day of A. D. 18 — , if therefore the said A. B. shall 
 
 ajjpear before me on the said day of , at o'clock 
 
 in the noon, or before such other justice or justices of 
 
 the peace as may then be there, to answer further to the 
 said charge, and to be further dealt with according to law, 
 then the said recognizance to be void. 
 
 (Q. 3.) 
 
 J^oiice of recognizance to be given to tlie accused and his 
 sureties. 
 
 Take notice that you A. B., of , are bound in the 
 
 sum of , and your sureties L. M. and N. O., in the sum 
 
 o*f each, that you A. B. appear before me J. S., at 
 
 , on the day of A. D., 18 — , at 
 
 • o'clock in the noon, or before such other justice 
 
 or justices of the peace as may then be there, to answer 
 further to the charge made against you by C. D., and to be 
 further dealt with according to law ■; and unless you A. B. 
 personally appear accordingly, the recognisances entered 
 into by yourself and sureties, will be forthwith levied on 
 
 you and them. Dated this day of , A. D. 18 — . 
 
 J. S., J. P. 
 
 (Q- 4.) 
 
 {Jertificaie qf yuon-appearance to he endorsed on ilie recog- 
 nizance. 
 
 I hereby certify that the said A. B. hath not appeared at 
 the time and place in the above condition mentioned, but 
 therein hath made default by reason whereof the within 
 written recognizance is forfeited. 
 
 X S., J. P. 
 
 (E. 1.) 
 
 Warrant io corwey ilve, accused before a Justice of ilie county^ 
 dec. in which the offence was committed. 
 
 To any constable or peace officer of the county of : 
 
 Whereas A. B. of , {laborer,'] hath this day beeiii 
 
 changed before the .undersigned, for that [&c. as inthewar- 
 
TITLE XLII,] DUTIES OP MAGISTRATES IN CRIMINAL CASES. 671 
 
 rant to apprehend :'] and whereas I have taken the deposi- Chap. 169. 
 
 tiou of C. D., a witness examined by me in this behalf; but 
 
 inasmnoh as I am informed that the principal witnesses to 
 prove the said offence against the said A. B. reside in the 
 
 county of , where the said offence is alleged to have 
 
 been committed : these are therefore to command you 
 forthwith to take and convey the said A. B. to the said 
 
 county of , and there carry him before some justice 
 
 or justices of the peace in and for that county, and near 
 where the offence is alleged to have been committed, to 
 answer further to the said charge before him or them, and 
 to be further dealt with according to law ; and I hereby 
 further command you to deliver to the said justice or jus- 
 tices the information in this behalf, and also the said depo- 
 sition of C. D. now given into your possession for that pur- 
 pose, together with this warrant. 
 
 Given under my hand and seal, at , this day 
 
 of ,A.D.18— . 
 
 J. S., J. P. (seal.) 
 
 (R. 2.) 
 Order for payment of the constable's expenses. 
 To R. W., esquire, treasurer of the county of ■ 
 
 Whereas W. T., constable of , in the county of 
 
 hath, in obedience to a certain warrant of J. S., 
 
 esquire, a justice of the peace for the county of • 
 taken and conveyed one A. B., charged before the said J. 
 
 S. with having [tC'c, stating shortly the offence,'] from , 
 
 in the said countj^ of , to , in the said county 
 
 of , a distance of — — miles, and produced the said 
 
 A. B. before me, S. P., one of her majesty's justices of the 
 
 peace in and for the county of- , and delivered him 
 
 into the custody of by my direction 'to answer to 
 
 the said charge, and further to be dealt with according to ^ 
 law ; and whereas the said W. T. hath also delivered to me 
 the said warrant together with the information in that be- 
 half, and also the deposition of C. D. in the said warrant 
 mentioned, and hath proved to me iipon oath the hand- 
 writing of the said J. S. subscribed to the same ; and where- 
 as I have ascertained that the sum which ought to be paid 
 to the said W. T. for conveying the said A. B. from the said 
 
 county of to the said county of and taking 
 
 him before me is the sum of , that the reasonable 
 
 expt'nses of the said W. T. in returning will amount to the 
 
 further sum of , making togetlier the sum of : 
 
 The-^e are therefore to order you as such treasurer of the 
 
 said county of , to pa^y unto the said W. T. the said 
 
 sum of , for which payment this order shall be yo;;r 
 
 sufiicient voucher and authority. 
 
672 DUTIES OP MAGISTRATES IN CRIMINAL CASES. [PART IV. 
 
 Chap. 169. Given under my hand, this day of A. 
 
 D. 18—. 
 
 J. S., J. P. 
 
 (SI.) 
 Recognizance of bail. 
 
 Be it remembered that ' on the day of ^ , A. 
 
 D. 18 — , A. B. of , (laborer,) L. M. of ■ — , (grocer,) 
 
 and N. 0. of , (butcher,) personally came before me, 
 
 the undersigned, a justice of the peace for the said county, 
 and severally acknowledged themselves to owe to our lady 
 the queen the several sums following, that is to say : the 
 
 said A. B. the sum of , and the said L. M. and N. 0. 
 
 the sum of each, to be levied of their several goods 
 
 and lands respectively, to the use of our said lady the queen, 
 Ler heirs and successors, if he the said A. B. fail in the 
 condition hereof 
 
 Taken and acknowledged the day and year first above 
 
 mentioned, at , before me. 
 
 J. S., J. P. 
 
 fyr 
 
 on ol 
 
 'ndition in ordinary cases. 
 
 The condition of this recognizance is such, that whereas 
 the said A. B. was this day charged before me, the justice 
 therein mentioned, for that [c&c. as in the warrant ;'\ if thei-e- 
 fore the said A. B. will appear at the next session of oyer 
 and terminermnd general jail delivery, [or court of general 
 sessions of ihm]peace,'\ to beholden in and for the county 
 
 of — , afd there surrender himself into the custody 
 
 of the keeper of the jail there, and plead to such indictment 
 as may be found against him by the grand jury, in respect 
 of such charge, and take his trial upon the-^me, and not 
 depart the court without leave, then the said recognizance 
 to be void. 
 
 (S. 2.) 
 
 Notice of the said recognizance to be given to the accused and 
 
 his baiL 
 
 Take notice that you A. B. of , are bound in the 
 
 sum of ■, and your sureties L. M. and N. 0. in the sum 
 
 of each, that you A. B. appear, [tfic. as in the condi- 
 tion of the recognizance,'] and not depart the said court with- 
 out leave; and unless you the said A. B. personally appear 
 and plead, and take your trial accordingly, the recognizance 
 entered into by you and your sureties shall be forthwith 
 levied on you and them. 
 
 Dated this day of- , A. D. 18—. 
 
 J. S., J. P. 
 
TITLE XLII.] DUTIES OF MAGISTRATES IN CRIMIXAL CASES. 673 
 
 (S.3.) Chap. 169. 
 
 Certificate of consent to hail hy the committing fUsMce 
 endorsed on the commitment. 
 
 I hereby certify that I consent to the within named A. B. 
 
 being bailed by recognizance, himself in and [two'] 
 
 sureties in each. 
 
 (S.4.) 
 
 J. S., J. P. 
 
 TJie like on a separate paper. 
 
 Whereas, A. B. was on the -— — ■ day of , A. D. 
 
 18 — , committed by me to the jail at — -, charged with 
 
 [naming the offence shortly.'] I hereby certify that I consent 
 to the said A. B. being bailed by recognizance, himself in 
 
 and [two] sureties in each. Dated this 
 
 day of , A. D. 18—. 
 
 J. S.. J. P. 
 
 (S. 5.) 
 
 'Warrant of deliverance on hail being giym for a prisoner 
 already committed. A 
 
 To the keeper of the jail at , in the <iiunty of — : 
 
 Whereas A. B. late of , {laborer,) hath before me a 
 
 justice of the peace for the said county, entered into his 
 own recognizance, and found suflScient sureties for his ap- 
 pearance at the next court of oyer and terminer and gene- 
 ral jail delivery, (or court of general sessioi^ of the peace,) 
 
 to be holden in and for the county of >, to answer our 
 
 sovereign lady the queen, for that {dc. as in the commit- 
 ment,) for which he was taken and committed to your said 
 jail : these are thei;efore to command you, that if the said 
 A. B. do re^in in your custody in such jail for the said 
 cause, and im ao other, you shall forthwith suffer him to 
 
 go at large. / t,- i 
 
 Given under my hand and seal at , this day 
 
 of , A.D. 18—. 
 
 J. S., J. P. ' (seal.) 
 
 (T.) 
 Warrant of commitment. 
 
 To any constable of , and to the keeper of the jail at 
 
 , in the county of : 
 
 Whereas A. B. was this day charged before me J. S., a 
 justice of the peace in and for the said county, on the oath 
 of C. D. of , (farmer,) and others, for that {d;c. sta- 
 ting shortly the offence :) These are therefore to command 
 you the said constable to take the said A. B. and him safely 
 
674 DUTIES OF MAGISTRATES IN CEIMINAL CASES. [PAET V.I 
 
 Chap. 169. convey to the said jail, and there deliver him to the keeper 
 thereof, together with this warrant; and I do hereby com- 
 mand you the keeper of the said jail to receive the said A. 
 B. into your custody in the said jail, and there safely keep 
 him until delivered by due course of law. 
 
 Given under my hand and seal, at , this day 
 
 of , A. D. 18— . 
 
 J. S., J. P. (seal.) 
 
 (T. 2.) 
 
 Jailor's receipt to the constable for the prisoner, and justice's 
 
 order thereon for payment of the constable's expenses 
 
 in excuting the commitment. 
 
 I hereby certify that I have received from W. T., con- 
 stable of , the body of A. B., together with a warrant 
 
 under the hand and seal of J. S., esquire, a justice of the 
 
 peace for the county of , and that the said A. B. was 
 
 [sober, bruised, or as the case maybe'] at the time he was so 
 delivered into my custody. 
 
 P. K., jailer. 
 
675 
 
 APPENDIX. 
 
 AN ACT TO AMEND THE ACT TO ESTABLISH A MORE EQUAL 
 
 AND JUST SYSTEM OP ASSESSMENT, AND THE ACT IN 
 
 AMENDMENT THEREOF. 
 
 (Passed the 7tli day of May, A. D. 1868. ) 
 
 Be it enacted by the governor, council, and assembly, as 
 follows : 
 
 1. For the present year the assessment for county and Assessments for 
 poor rates in all the counties of this province, which have poor rates'to be 
 not carried out the provisions of the act hereby amended, ^p'Jf 46°and 89 
 shall be made and collected under chapters forty-six and "^- ^'^'■ 
 eighty-nine of the revised statutes, and in the same manner 
 as if the act hereby amended had not passed : and in such inoaseprooeed- 
 counties all proceedings of the court of sessions and of act hereby 
 county and town officers, already taken in conformity with b^iftaken*^* 
 such chapters, are legalized and confirmed. And the as- 
 sessment for poor and county rates in the counties in which 
 such assessment shall have been made only partially in con- 
 formity with such act, shall, as to the remaining provisions 
 of such act, be made and collected under such clauses of 
 said chapters forty-six and eighty-nine, as it shall be neces- 
 sary to resort to for the purpose of completing and collect- 
 ing such assessment. And in the last mentioned counties 
 such assessment, and the proceedings thereunder are legal- 
 ized and confirmed. 
 
 AN ACT TO AMEND CHAPTER TWO OF THE REVISED 
 
 " OP EXECUTIVE AND LEGISLATIVE DISABILITIES." 
 
 (Passed the 7th day of May, A. D. 1858.) 
 
 Be it enacted by the governor, council, and assembly, as 
 follows : 
 
 1. In addition to the persons named in the said chapter, and ^Sdges' or 
 the following persons holding the situations hereinafter P.™^*'e lisqua 
 mentioned within this province, by themselves or deputies, ooming'^Sem-* 
 or by others in trust for them or for their benefit, shall be gfs7atiye*or*exe 
 incapable of being appointed to, or holding seats in, the ex- ""'i^e council, 
 
 ,K ., ° ^S , . ' • , 1 ,° /. •.,• or house of as 
 
 ecutive council ; or of being apppomted to, or of sitting or sembiy. 
 43 
 
676 APPENDIX. 
 
 voting in, the legislative council ; or of being elected as 
 members of, or sitting or voting in, the house of assembly, 
 that is to say : judges of probate and prothonotaries, and 
 such persons disabled as aforesaid, shall be subject to 
 the operation of the second section of the said chapter, 
 aetf when uf ^' ^^^^ ^^^ shall not come into operation until the disso- 
 eommence, &c. lution of the present house of assembly shall have been no- 
 tified by proclamation in the royal gazette, and thereafter 
 no person holding either of the offices mentioned in the pre- 
 ceding section shall continue to hold a seat in the legisla- 
 tive council, unless within one month after the issuing of 
 such proclamation he shall resign such of the above offices 
 as he may then hold, and shall signify his resignation to the 
 provincial secretary; and no person shall thereafter be 
 capable of being nominated or returned at any election of 
 members to serve in general assembly, unless he shall, 
 within twenty days previously to his being nominated a can- 
 didate at such election, resign such of the above named 
 offices as he may then hold, and shall signify such resigna- 
 tion to the provincial secretary. 
 
 AN ACT TO ESTABLISH THE BOUNDARY LINE BETWEEN THE 
 PEOVINCES OF NOVA SCOTIA AND NEW BEUNSWICK. 
 
 1 (Passed the 7th day of May, A. D. 1858.) 
 
 Be it enacted by the governor, council, and assembly, as 
 follows : 
 ijineofdiTisioni 1. The line of divisiou between the provinces of Nova 
 Scotia and New Brunswick, as defined by the commissioners 
 appointed for that purpose under chapter 54 of the acts of 
 1836, shall be as follows, that is to say : To commence at 
 the mouth of the Messequash Eiver in Cumberland Bay, 
 thence following the several courses of such river to a post 
 near Black Island ; thence following the line marked on the 
 plan and survey made by Alexander Munro and now deposited 
 in the crown land office of this province ; north fifty-four 
 degrees twenty-five minutes east, two hundred and eighty- 
 eight chains to the northern angle of Trenholm's Island : 
 thence north thirty-seven degrees east, eighty-five chains 
 and eighty-two links to a post ; thence north seventy-six de- 
 grees east, forty-six chains and twenty links to the head of 
 the lakes at the portage ; thence south sixty-five degrees 
 forty-five minutes east, three hundred and ninety-four chains 
 and forty links to Tidnish bridge ; thence following the 
 several courses of the Tidnish river along its northern up- 
 land bank to the mouth of such river ; and thence following 
 the north-westerly channel to the deep waters of the Bay 
 Verte, securing to the province of Nova Scotia the navi- 
 
APPENDIX. Q'J'J 
 
 gable waters and control of the Tidnish river. Provided Proviso, 
 that nothing in this act shall in any way affect any suits at 
 law pending foror in respect of lands which have heretofore 
 been deemed within the province of Nova Scotia. 
 
 AN ACT TO AMEND THE JURY LAW. 
 (Passed the 7tli day of May, A. u. 1858.) 
 
 Be it enacted by the governor, council, and assembly, as 
 follows : 
 
 1, All jury panels, whether grand or petit, drawn from ^", J"''^ p^*""'^ 
 any jury lists at the last sittings of the supreme court in ^° "'^^ ""^ ' 
 the several counties, and all venires and other proceedings 
 connected therewith, are hereby declared legal and valid 
 notwithstanding the lists from which such panels were 
 drawn may have been from any cause whatever informally 
 or illegally made up ; and although the copies of such lists 
 may not have been given to the clerk of the peace and pro- 
 thonotary or posted as required by law. 
 
 AN ACT TO AUTHORIZE A PROVINCIAL LOAN. 
 (Passed the 24th day of March, a. d. 1858.) 
 
 Be it enacted by the governor, council, and assembly, as 
 follows : • 
 
 1. The governor may cause a cash account to be opened Governor em 
 at one or more of the banks in the city of Halifax, and may ^oTTsum'^no't 
 borrow and receive from such banks such sums of monev exceeding 
 
 , J? XI r J.1 • ■ 1 £30,000. 
 
 as may be necessary lor the use oi the province, in such 
 amounts as may from time to time be required, under, such 
 conditions and upon such terms, stipulations, and agree- 
 ments for the payment and repayment of such monies, 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 bank ; or otherwise may 
 borrow and receive from aliy other persons, corporations, 
 and companies, a sum not to exceed thirty thousand pounds, 
 at the lowest interest at which such loan can be effected. 
 
 2. The money may be drawn for and received from time Money how 
 to time in such sums and under such restrictions and regu- drawn.' 
 lations as may be prescribed by the governor in council, ^ 
 with the consent of the lenders thereof. 
 
 3. For the repayment of all monies borrowed under this J^epayment. 
 act and for the final payment and discharge of the balance 
 
 which shall be remaining due and unpaid on the final closing 
 
678 APPENDIX. 
 
 of the accounts with such lender, with interest, the public 
 funds, monies and credits of this province, are hereby 
 pledged and rendered liable, 
 fo'belaidbffore ^" -^° accouut of jail sums borrowed or repaid under 
 Committee of this act, with the date of the loans and repayments respec- 
 Legisiature. tively, shall be laid before the joint committee of the legis- 
 lature appointed to examine the public accounts, together 
 with the drafts and vouchers relating to the same, at its 
 next session. 
 
INDEX 
 
 TO THE 
 
 REVISED STATUTES 
 
 [SECOND SEBIBS.l 
 
 ABATEMENT. See limitation of actions. 
 in suits against joint debtors, 
 replication to plea of— in joint debtor suits, 
 in indictments against criminals, 
 in cases in the supreme court, 
 ABDUCTION of girls under sixteen years, 
 ABSENT OR ABSCONDING DEBTORS— 
 
 writs of summons and attachment may issue for £5 and 
 
 upwards, 
 what affidavit to contain — how sworn — declaration how and 
 
 when filed and served, 
 writ to be endorsed with sum in words at length and signed, — 
 
 before whom affidavit is made, 
 sheriff to levy for thirty pounds in declaration suits, and seven 
 
 pounds in summary suits, 
 goods in agents hands bound by service of process for debt 
 
 and costs, 
 good&exhibited to sheriff to be appraised, and so much as may 
 
 be sufficient to pay debt and costs levied on, 
 perishable goods may be sold by order of a judge or prothono- 
 
 tary unless security for their value be given, 
 a subsequent attacher or otherwise may contest the attach- 
 ment on certain grounds, «.. 
 attachment may beset aside on application of objecting party 
 
 on affidavit setting out facts and circumstances on which 
 
 motion is made — and of merits, 
 court.may direct a trial by jury of disputed facta, and may 
 
 order attachment to be set aside in whole or in part, 
 proceedings between two adverse claimants not affected by 
 
 any plea or act of defendant in prior suit, nor by a judg- 
 ment therein, 
 court may order security for costs — ^may award Costs to either 
 
 party and execution therefor, 
 defendant may appear to action any time during first term, 
 
 giving notice to plaintiff but not after, without leave of 
 
 court or judge, 
 assessment of damages, how and when made. 
 
 Cap. 
 
 Beo. 
 
 Pagk 
 
 153 
 
 3 
 
 600 
 
 142 
 
 6 
 
 574 
 
 142 
 
 7 
 
 574 
 
 168 
 
 7 
 
 631 
 
 134 
 
 41 
 
 492 
 
 162 
 
 18 
 
 619 
 
 141 
 
 1 
 
 569 
 
 141 
 
 2 
 
 570 
 
 141 
 
 3 
 
 570 
 
 141 
 
 4 
 
 670 
 
 141 
 
 5 
 
 570 
 
 141 
 
 6 
 
 570 
 
 141 
 
 7 
 
 570 
 
 141 
 
 8 570 
 
 141 
 
 9 
 
 570 
 
 141 
 
 10 
 
 571 
 
 141 
 
 11 
 
 571 
 
 141 
 
 12 
 
 571 
 
 141 
 
 13 
 
 571 
 
 141 
 
 14 
 
 571 
 
680 
 
 INDEX. 
 
 ABSENT OR ABSCONDING DEBTORS, {Continued) 
 
 damages claimed under twenty pounds, how assessed 
 
 agents filing declaration and submit to examination, which 
 if satisfactory, to be discharged with reasonable costs, to 
 be taxed, &c. 
 
 in summary cases agents, only entitled to costs of travel and 
 attendance, &o. 
 
 agent or trustee when to appear, 
 
 proceedings where agent fails to appear, 
 
 special bail may be put in, and property relieved from attach- 
 ment, 
 
 no trial to be had unless real estate or goods be attached, or 
 unless agent or truBtee admit goods or credits in his pos- 
 session or control, 
 
 defendant entitled to a rehearing within three years, 
 
 execution may issue against agent who has acknowledged 
 having goods and credits — after judgment against absent 
 or absconded debtor, 
 
 security to be given before execution issue against absent or 
 absconded debtor, 
 
 agent not liable to principal for value of goods taken under 
 process of law, 
 
 sections 14, 15 and 17, not to apply to cases pending on 18th 
 April, 1856, 
 
 companies or bodies corporate doing business out of the pro- 
 vince how to \)e sued, 
 
 agent may be allowed time to communicate with principal, 
 
 judgment against company or body corporate — liability of 
 agent to respond — agent if required to disclose on 
 oath, 
 
 agent may be examined, 
 
 plaintiff may proceed by attachment, if he desire security 
 previous to judgment — mode of proceeding in such case, 
 
 nothing in last five sections to prevent judgment from having 
 the same efiect as a judgment or execution in other cases. 
 ACCESSORIES. See post office, 
 
 criminal justice, 
 factors and agents, 
 ACTS— 
 
 all deemed public, 
 
 commencement of, 
 
 evidence of, 
 
 may be repealed and altered in same session, 
 
 revived by express enactment only, 
 
 repealed, proceedings under, may be continued under new, 
 
 construction of — rules to be observed, meaning of terms, 
 and words therein, 
 
 how penalties to be recovered when no mode prescribed 
 therein, 
 
 power in — to appoint includes filling vacancies. 
 
 Cap. 
 
 141 
 
 141 
 
 141 
 
 141 
 
 Sbc. Fagb. 
 
 15 571 
 
 16 
 
 30 
 
 571 
 
 141 
 
 16 
 
 571 
 
 141 
 
 17 
 
 571 
 
 141 
 
 18 
 
 572 
 
 19 572 
 
 141 
 
 20 
 
 572 
 
 141 
 
 21 
 
 572 
 
 141 
 
 22 
 
 572 
 
 141 
 
 23 • 
 
 572 
 
 141 
 
 24 
 
 572 
 
 141 
 
 25 
 
 572 
 
 141 
 
 26 
 
 572 
 
 141 
 
 27 
 
 573 
 
 141 
 
 28 
 
 573 
 
 141 
 
 29 
 
 573 
 
 573 
 
 141 
 
 31 
 
 573 
 
 23 
 
 — 
 
 85-89 
 
 168 
 
 — 
 
 630 
 
 80 
 
 12 
 
 307 
 
 
 1 
 
 2 
 
 
 2 
 
 2 
 
 
 3 
 
 2 
 
 
 4 
 
 2 
 
 
 5 
 
 2 
 
 
 6 
 
 2 
 
1 
 
 7 
 
 4 
 
 60 
 
 — 
 
 209 
 
 161 
 
 1 
 
 616 
 
 161 
 
 2 
 
 616 
 
 161 
 
 3 
 
 616 
 
 161 
 
 4 
 
 616 
 
 161 
 
 5 
 
 616 
 
 161 
 
 6 
 
 616 
 
 161 
 
 8 
 
 617 
 
 143 
 
 — 
 
 575 
 
 1 
 
 7 
 
 4 
 
 INDEX. 681 
 
 Cap. Seo. Page. 
 ACTS, (Continued) ' 
 
 effect of declaration in — that any matter is to form a county 
 charge, — effect of deviation of forms prescribed by, 
 ACADEMIES. See public instruction, 
 ADMINISTRATION OF JUSTICE ; offences against, 
 punishment for assaulting a peace or revenue officer, 
 aiding the assaulting party, 
 resisting the apprehension of a party by shoot- 
 ing at, stabbing, &c., 
 perjury or subornation of perjury, 
 rescue or breach of prison, 
 false orders, certificates, &c. , of public records, 
 stealing or injuring documents connected vfith 
 
 the administration of justice, 161 7 617 
 
 corruptly taking any revrard for helping a 
 party to a chattel, security, &c., except 
 such person shall cause offender to be 
 apprehended, &c. 
 ADMINISTRATORS. See executors. 
 AFFIRMATION ; Quakers and Moravians may affirm. 
 AGRICULTURE and Rural Economy- 
 central board of agriculture how appointed 96 I 360 
 board of agriculture to dravr money — application of money 
 
 and accounts, 
 duty of board, 
 amount granted to each county — how to be divided in county 
 
 and what conditions, 
 application of grants, 
 
 account of societies to be rendered to board under oath, 
 
 destruction and growth of weeds to be regulated by gessions, 
 
 inspectors to be appointed by sessions to carry out rules and 
 
 regulations in last section — sessions to make rules and 
 
 regulations applicable to lands, highways, streets, lanes 
 
 and cemeteries, whether owned by trustees, &c., present 
 
 or absent from the province, 96 8 362 
 
 duties of inspectors — district to be fixed and penalties on 
 
 inspectors, 
 remuneration of inspectors, 
 fines to be paid Into county treasurer. 
 ALIENS— 
 
 may be naturalized by act of assembly — oath, 32 1 148 
 
 copy and duplicate of oath to be filed by officer of supreme 
 
 court, 32 2 148 
 
 certificate that oath of allegiance has been taken, to be 
 
 given by officer of court, 32 3 148 
 
 may take, hold, convey and transmit real estate, 32 4 148 
 
 title to real estate not to be invalid on account of alienage 
 
 of former ovfner, 32 5 148 
 
 provisions of this chapter 32 not to validate title or claim 
 
 of alien previous to 31st march 1854, 32 6 148 
 
 96 
 
 2 
 
 360 
 
 96 
 
 3 
 
 360 
 
 96 
 
 4 
 
 361 
 
 96 
 
 5 
 
 361 
 
 96 
 
 6 
 
 361 
 
 96 
 
 7 
 
 362 
 
 96 
 
 9 
 
 362 
 
 96 
 
 10 
 
 362 
 
 96 
 
 11 
 
 362 
 
682 INDEX. 
 
 Cap. Sec. Pam. 
 
 ANIMALS, noxious — destruction of : 
 
 sessions, with grand jury's approval, may make rules and 
 establish rewards for killing of bears, wolves, loup- 
 cerviers, &c. 93 1 354 
 
 proceedings necessary to be taken before obtaining bounty 
 for killing wolf — no bounty for wolf takep from mother's 
 womb, 
 
 justices if satisfied shall deliver certificate to party entitled 
 after burning ears and scalp of wolf, 
 
 bounty of £5 shall be paid from treasury to party entitled, on 
 production of necessary certificate and affidavit, 
 ANfflGONISH ; towpath at — how kept in repair. 
 APPEALS ; to be granted in all cases except otherwise provided. 
 APPRENTICES. See masters, apprentices and servants. 
 ARBITRATION— 
 
 when power of arbitrators irrevocable — judge may enlarge 
 time for award, 
 
 attendance of witnesses how enforced, 
 
 person not compelled to produce any document which he could 
 not be compelled to do at a trial ; nor to attend more than 
 two days consecutively, 
 
 arbitrators may administer oaths to witnesses, 
 
 arbitrators appointed under a naked submission, justice of 
 peace may administer oaths in presence of one or more of 
 them, 
 
 award how enforced under submission by rule of court, 
 
 judge may allow reasonable fees to arbitrators when taxing 
 
 costs, 146 7 580 
 
 ARMY AND NAVY ; offences relating to- 
 procuring or soliciting desertion from her majesty's service or 
 knowingly concealing deserters, punishable by fine or 
 imprisonment for want of payment, 156 1 610 
 
 buying, exchanging or detaining regimental necessaries, &c., 
 punishable by fine or imprisonment, in default of pay- 
 ment, 
 
 penalty for receiving necessaries from marines and seamen, 
 
 except in Haliflix, forfeitures under preceding sections recover- 
 able by summary process before two justices — appropri- 
 ation of forfeitures, 
 
 appeal allowed — examination of witnesses about to leave the 
 province, 
 
 apprehension of persons suspected of being deserters — and 
 examination of, 
 
 a warrant necessary before any building can be entered in 
 search of deserters, 
 
 justice of peace to issue warrant, 
 ASSESSMENT, county— ' 
 
 mode of appointment of county treasurer — shall continue to 
 
 hold office until successor appointed, 46 1 170 
 
 93 
 
 2 
 
 354 
 
 93 
 
 3 
 
 354 
 
 93 
 
 4 
 
 354 
 
 78 
 
 30 
 
 299 
 
 1 
 
 7 
 
 4 
 
 125 
 
 — 
 
 406 
 
 146 
 
 1 
 
 580 
 
 146 
 
 2 
 
 580 
 
 146 
 
 3 
 
 580 
 
 146 
 
 4 
 
 580 
 
 146 
 
 5 
 
 580 
 
 146 
 
 6 
 
 580 
 
 156 
 
 2 
 
 610 
 
 156 
 
 3 
 
 611 
 
 156 
 
 4 
 
 611 
 
 156 
 
 5 
 
 611 
 
 156 
 
 6 
 
 611 
 
 156 
 
 7 
 
 611 
 
 156 
 
 8 
 
 612 
 
46 
 
 4 
 
 171 
 
 46 
 
 5 
 
 171 
 
 46 
 
 6 
 
 171 
 
 46 
 
 7 
 
 171 
 
 46 
 
 8 
 
 171 
 
 INDEX. 683 
 
 Cap. Sec. Page 
 ASSESSMENT , ( Continued. ) 
 
 grand jury to present sums necessary for public purposes — 
 may include remuneration for their own attend- 
 ance and travel, , 46 2 170 
 upon certified petition of twenty freeholders, may 
 make presentments for local and special pur- 
 poses — such sums when confirmed by sessions 
 to be added to assessment ; sessions may make 
 regulations for and appoint keepers of public 
 buildings and property, 46 3 170 
 in case of neglect of grand jury to make presentments for 
 specified purposes, the justices in session shall 
 amerce county, 
 apportionment of assessment upon townships and places, 
 amount to be assessed on Halifax city to be collected as other 
 city rates, and be held payable to order of sessions — city to 
 be exempted from operation of certain sections of chapter, 
 mode of appointment of assessors and collectors, 
 to be appointed by the sessions in cases of amercement, 
 assessors to be notified of appointment, and fined for refusing 
 
 to act, 46 9 172 
 
 assessors shall return with roll the time spent in their duties, 
 
 and shall receive compensation to form a county charge, 
 what property and persons shall be liable to taxation, 
 definition of terms " land " and " real estate," 
 
 " personal estate," " personal property," 
 and " property," 
 what property shall be exempt from taxation, 
 poll tax to be levied in what proportions and upon whom — 
 shall not exceed one shilling and sixpence on any indi- 
 vidual, 
 rules for guidance of assessors in making up assessment rolls, 
 time within which assessment roll is to be made, 
 lands of non-residents — how to be designated, 
 all real and personal property to be estimated at its full value, 
 rolls to be completed on or before the 10th January annually, • 
 
 and certified by assessors or a majority of them, 46 20 174 
 
 certified roll to be forwarded to dark of the peace, and a certi- 
 fied copy to be posted up in townships or districts, 
 rules for making county and poor rates from roll, 
 clerk of peace to make out county rate, and when in each year, 
 part of roll applicable to poor-rate to be transmitted to clerk 
 
 of each poor district, to make out poor-rate from, 
 when clerk of poor district to make out poor-rate, 
 particulars required to be set down on assessment roll, 
 roll to be delivered to collectors by clerk of the peace, 
 collectors' roll of poor-rates to be delivered to collectors by town 
 
 clerk or clerk of poor district, 46 28 175 
 
 collectors of poor-rates and clerk of poor district to be chosen 
 
 by inhabitants under section 15 of chap. 89, 46 29 175. 
 
 44 
 
 46 
 
 10 
 
 172 
 
 46 
 
 11 
 
 172 
 
 46 
 
 12 
 
 172 
 
 46 
 
 13 
 
 172 
 
 46 
 
 14 
 
 172 
 
 46 
 
 15 
 
 172 
 
 46 
 
 16 
 
 173 
 
 46 
 
 17 
 
 173 
 
 46 
 
 18 
 
 173 
 
 46 
 
 19 
 
 173 
 
 46 
 
 21 
 
 174 
 
 46 
 
 22 
 
 174 
 
 46 
 
 23 
 
 174, 
 
 46 
 
 24 
 
 174- 
 
 46 
 
 25 
 
 174 
 
 46 
 
 26 
 
 174- 
 
 46 
 
 27 
 
 175 
 
684 
 
 INDEX, 
 
 Cap. Sec. Page. 
 
 ASSESSMENT. (Continued.) 
 
 collectors of poor or county rates shall receive taxes assessed on 
 
 property of non-residents if tendered in time, 46 30 175 
 
 when non-resident owner is known, collector to transmit by 
 
 post a statement and demand of taxes, 46 31 175 
 
 if taxes unpaid within twenty days, jufitices on application of 
 
 collector shall issue warrant to sell materials on land, 46 32 175 
 
 when non-resident owner is unknown to collector, mailing of 
 
 notice and demand not required, and warrant may issue, 46 33 175 
 where no property exists to satisfy collector, justices to certify 
 
 fact, and no further steps to be taken, 46 34 175 
 
 collector to levy warrants by selling sufficient to pay rates and 
 
 expenses, having reference to proprietor's advantage, 46 35 175 
 
 . purchasers under such sale to have a right of entry to remove 
 
 materials within one year, 46 36 176 
 
 public notice of sale and description of property to be given by 
 
 collector, 46 37 176 
 
 if surplus remain, to be paid to county treasurer, 46 38 176 
 
 if collector unable to collect amount under warrant, the same 
 
 to be returned to county treasurer, 46 39 176 
 
 collector to return to county treasurer so much of roll of lands 
 
 of non-residents as relates to unpaid taxes or surplus with 
 
 certificates given to him under 34th section, 46 40 176 
 
 county treasurer to keep record of description of such lands 
 
 with charges "thereon, which shall be a lien on lands at 
 
 certain per-centage, 46 41 176 
 
 book containing such entries to be laid annually before 
 
 sessions who shall have power to order sale of land 
 
 sufficient to pay lien — no sale to take place until rates 
 
 unpaid three years, 46 42 177 
 
 ■when sale ordered, sheriff to sell under warrant from clerk of 
 
 peace, 46 43 177 
 
 sheriff to sell sufficient to pay taxes and expenses, in same 
 1 manner as sales under judgment in supreme court, and to 
 
 return warrant and pay over proceeds in one month, 
 ■ sheriffs deed to be prima facie evidence of title conveyed 
 
 to grantee, 46 44 177 
 
 county treasurer to note surplus in book and add same to 
 
 general fund to be paid to order of party entitled, 46 45 177 
 
 .county treasurer on receipt of taxes of non-residents to pay 
 •I .over to overseer of poor their proportion, 46 46 177 
 
 no icagessor of poor rates to be chosen after assessment roll 
 
 sn^de up, 46 47 177 
 
 collectors to pay over monies to treasurer who may maintain 
 
 .action therefor before two justices subject to appeal — 
 
 .ge^e^al return of defaulters to be made by collector to 
 j justice, 
 
 '< general warrants of distress to issue against defaulters 
 constable's duty under such warrant, 
 commiisiou to collectors not to exceed five per cent, 
 
 46 
 
 48 
 
 177 
 
 46 
 
 49 
 
 178 
 
 46 
 
 50 
 
 178 
 
 46 
 
 51 
 
 178 
 
46 
 
 53 
 
 178 
 
 46 
 
 54 
 
 178 
 
 46 
 
 55 
 
 178 
 
 46 
 
 56 
 
 179 
 
 46 
 
 57 
 
 179 
 
 INDEX. 685 
 
 Cap. Sec. Page. 
 ASSESSMENT, (Continued.) 
 
 collector neglecting to be swcrn into office to be fined, 46 52 178 
 
 if sessions neglect to make presentment supreme court may 
 amerce county for sum, proved on affidavit to be necessary 
 under 4th section, 
 treasurer to receive and pay all county monies, 
 treasurer to make up his account annually to be laid before 
 grand jury arid sessions to be audited ; justices may order 
 account to be made out to other period, 
 Halifax county accounts, when audited to be published, 
 treasurer to be allowed 5 per cent on all monies received, 
 appeal may be had to sessions who may set aside or lower rate, 
 
 or finally determine appeal, 46 58 179 
 
 if so ordered by session, money paid by appellant shall be 
 repaid by treasurer — appeal not to delay collection of 
 sum assessed, 46 59 179 
 
 overseers of .work and distributor of money shall produce ac- 
 counts on oath if required with vouchers to the sessions, 
 and pay over money on hand — on default shall be imprisoned, 46 60 179 
 overseers, distributors of work and constables, to have compen- 
 sation, 46 61 179 
 forfeitures and penalties, how collected and disposed of, 46 62 179 
 no action shall be commenced after six months, and venue 
 
 shall be where cause of action arose, 46 63 179 
 
 certiorari, when to be moved for and how granted — not allowed 
 
 until bond given — rates when quashed, 46 64 180 
 
 over-payments not recoverable from collectors, but refunded 
 
 by treasurer, 
 word "county" to mean "district" in certain cases, 
 meaning of "court of sessions" and "grand jury" when used 
 
 in respect* to corporate counties or districts, 
 city of Halifax exempted from sections 11 to 47 inclusive, 
 ' proceedings necessary to be taken when amount to be contri- 
 buted by each district in county of Halifax is ascertained, 46 69 180 
 if inhabitants decline to appoint assessors and collector, presi- 
 ding justice shall appoint, 46 70 180 
 duty of assessors and collectors defined, 46 71 181 
 time within which assesment must be made and roll furnished 
 
 to collector, and his duty thereunder, 46 72 181 
 
 in case of non-payment of assessment in 30 days after notice, 
 
 warrant of distress to issue against defaulter, 
 penalty on justice for neglect under preceding sections, 
 justice to make return of his proceedings — penalty for not 
 
 doing so, 
 penalty on assessors and collectors for neglect of duty, 
 clerk of peace to transmit appraisement rolls, &c. to justices, 
 and when — proof of mailing to be prima facie evidence of 
 receipt, 
 collectors to return assessment rolls to clerk of peace and when , 
 — mode of appointment of assessors and collectors, in case qf 
 those first appointed refusing to act, 46 79> 182 
 
 46 
 
 65 
 
 180 
 
 46 
 
 66 
 
 180 
 
 46 
 
 67 
 
 180 
 
 46 
 
 68 
 
 180 
 
 46 
 
 73 
 
 181 
 
 46 
 
 74 
 
 181, 
 
 46 
 
 75 
 
 181; 
 
 46 
 
 76 
 
 ]^L 
 
 46 
 
 77 
 
 181: 
 
 46 
 
 78 
 
 182 
 
46 
 
 81 
 
 182 
 
 46 
 
 82 
 
 182 
 
 46 
 
 83 
 
 182 
 
 46 
 
 84 
 
 183 
 
 46 
 
 85 
 
 183 
 
 46 
 
 87 
 
 183 
 
 46 
 
 88 
 
 183 
 
 46 
 
 89 
 
 183 
 
 _ 
 
 1 
 
 675 
 
 121 
 
 2 
 
 403 
 
 152 
 
 14 
 
 594 
 
 113 
 
 
 
 884 
 
 686 INDEX. 
 
 Cap; Sbc. Page. 
 ASSESSMENT, {Continued.) 
 
 balance of assessment uncollected in district to be added next 
 
 year, 46 80 182 
 
 proceedings to be taken when no assessment is made or 
 
 collected, 
 sessions may remunerate collectors and assessors, 
 compensation for collectors appointed under 69th section, 
 expenses of justices under last fourteen sections to be paid 
 
 by county if approved by grand jury and sessions, 
 penalties recovered under such sections to be paid to treasurer, 
 clerk of the peace must enforce penalties for breach of any of 
 
 last sixteen sections under penalty for neglect, 46 86 183 
 
 the last seventeen sections to apply to county and not to 
 
 city of Halifax, 
 mode of appointment of local and general assessors, 
 clerk of peace to notify their appointment, 
 schedules of forms annexed, page 183 to 186, 
 for county and poor rates to be made under chapter 46 and 
 89, see appendix. 
 ASSIGNMENT OF INTEREST IN LANDS ; how to be made, 
 ASSYLUM. See lunatics. 
 
 ATTACHMENT AGAINST LANDS. See reffistry of deeds. 
 AVERMENT— 
 
 of election on information for treble value of goods or penalty 
 
 sufficient proof of the fact, 15 10 45 
 
 of place in any information, &c., under revenue laws, pre- 
 sumptive evidence of fact, 15 20 47 
 BAIL IN CIVIL ACTIONS. See supreme court pleadings and 
 
 practice, 
 BAIL BONDS. See supreme court pleadings and practice 
 BANK NOTES. See currency, 
 BARRISTERS AND ATTORNIES— 
 
 attornies and barristers to be admitted, 132 1 456 
 
 month's notice to be posted up in prothonotary 's office if inten- 
 tion to apply for admission, 132 2 456 
 term of service of clerkship preparatory to admission as an 
 
 attorney, 
 term of service to commence from filing articles, 
 qualifications required for admission — attorney's oath, 
 ibarristers of Great Britain and Ireland entitled to admission 
 
 on production of satisfactory certificate, 132 6 457 
 
 colonial barristers and attornies, and attornies of Great 
 
 Britain and Ireland admitted under certaio rules, 
 attormies of one year's standing may be admitted barristers, 
 no other than articled clerk or other attorney to sue in 
 
 another attorney's name, 
 barrister's privilege and precedence, 
 practising barristers only to take articled clerks, 
 not to take more than two articled clerks, 
 
 134 
 
 — 
 
 487 
 
 134 
 
 — 
 
 487 
 
 83 
 
 
 
 310 
 
 132 
 
 3 
 
 456 
 
 132 
 
 4 
 
 457 
 
 132 
 
 5 
 
 457 
 
 132 
 
 7 
 
 457 
 
 132 
 
 8 
 
 457 
 
 132 
 
 9 
 
 457 
 
 132 
 
 10 
 
 457 
 
 132 
 
 11 
 
 458 
 
 132 
 
 12 
 
 458 
 
INDEX, 687 
 
 Cap. Sec, Page. 
 BARRISTERS AND ATTORNIBS, (Continued.) 
 
 voting at elections or paying poor and county rates a qualifi- 
 cation to any person to plead and reason in court, 132 13 458 
 BASTARD CHILDREN, maintenance of— 
 
 woman pregnant shall make oath in writing before justice of 
 thp fact, and who is father — warrant to issue thereupon 
 against reputed father, to apprehend him, 91 1 345 
 
 reputed father to enter into bond until after birth— in default, 
 
 to be committed to jail until hearing had, or bond given, 91 2 345 
 
 after birth two justices shall issue warrant to bring mother 
 and reputed father before them — shall hear evidence, except 
 of reputed father, and make order of filiation if evidence 
 warrant it, 9I 3 345 
 
 where person against whom warrant issues is not found in 
 
 jurisdiotionofjusticei8Suing,warrantmaybeendorsedover, 91 4 345 
 
 reputed father shall give bond to obey order of filiation or pay 
 £20 to overseers of poor, or in default shall be imprisoned 
 for six months, 91 5 345 
 
 if information is not made before birth, any justice may 
 take the same within three months after birth, and war- 
 rant may issue as in case of information before birth, 91 6 346 
 if reputed father conceal himself, justices may make order of 
 filiation in his absence, and proceed subsequently by war- 
 rant, 91 7 346 
 justices may confirm, reverse, modify, or make new order of 
 filiation — reputed father liable to same penalties for default 
 as in case of first order, 91 8 34G 
 reputed father may appeal from order to supreme court, except 
 in Halifax, where appeal lies to sessions, when matter may 
 be tried by jury — deciaon oa appeal to be final — no 
 appeal granted until security given, 91 9 346 
 justices upon hearing may direct mother to bear part or whole 
 of the expense of maintenance of child, and may make 
 further order relative thereto, , 91 10 346 
 overseers may sue in their own names on bonds given under 
 this chapter, whether given to them or their j)redecessors 
 in office — suit not to abate by reason of death or removal 
 &om office, 
 prescribes the forms to be used and adhered to as nearly as may be 
 BAWDY HOUSES. See offences ngninst public morak. 
 BEEP. See inspection of provisions. 
 
 BENEFIT OF CLERGY ABOLISHED. See criminal justice. 
 BIGAMY. See marriage. 
 BILLS OP EXCHANGE.— PROMISSORY NOTES— 
 
 damages and interest on protesled bills of exchange, 81 1 308 
 
 promissory notes assignable and endorsable as inland bills of 
 
 exchange — who may bring action thereon, 81 2 308 
 
 notes not payable in money presumed to be for a consideration 
 
 but not negotiable — payable unconditionally in money., 81 3 309 
 
 amount of noie recoverable without damages, 81 4 309 
 
 91 
 
 11 347 
 
 91 
 
 11 347-52 
 
 187 
 
 — 613 
 
 85 
 
 — . 312 
 
 168 
 
 12 632 
 
 159 
 
 1 614 
 
G88 INDEX. 
 
 Cap. Sec. Page. 
 
 30 
 
 1 
 
 146 
 
 30 
 
 2 
 
 146 
 
 30 
 
 3 
 
 146 
 
 80 
 
 4 
 
 146 
 
 BILLETTING OF TROOPS— 
 
 troops and militia, how, by whom, and where billetted, 
 
 officer giving false certificate to be cashiered and fined £50, 
 
 expencea for — to be paid by warrant on treasury, 
 
 certificates under first section how payable, 
 
 where houses not sufficient as in first section, billett may be 
 
 made on other housekeepers, 30 5 146 
 
 how baggage to be conveyed — conveyances provided — and 
 
 rates of charge, 30 6 146 
 
 fines for refusing to furnish horses, carts, &c. 30 7 147 
 
 fine on commanding offioto for illegal conduct in respect of 
 
 conveyances, 30 8 147 
 
 what horses and carts exempted from liability to be taken for 
 
 purposes under cap. 30, 30 9 147 
 
 BIRDS AND ANIMALS, preservation of— 
 
 partridge, snipe or wood cock not to be killed, sold, bought, or 
 in possession of any one between the 1st March and 1st 
 September — ^Indians and poor settlers may kill for their 
 own use at any time, 92 1 352 
 
 offender shall forfeit 10s. for each ofience, 92 2 352 
 
 moose not to be killed, taken, sold, or in possession of any 
 one between 1st February and 1st September, under 
 penalty — and in case of non-payment party may be 
 imprisoned for six days, 92 3 352 
 
 no person shall take or kill pheasant, or buy, sell, or have in his 
 
 possession, any dead pheasant so taken or killed, 92 4 352 
 
 dead pheasant in possession of any one shall be presumed to 
 
 have been taken or killed by him, unless he give proof to 
 
 '"* ■the contrary, 
 
 ofiender against 4th section shall forfeit 40s for each offence, 
 
 sessions may make orders for snaring and preservation of moose, 
 
 snares made in violation of such orders may be destroyed, 
 
 where fines are not paid under certain sections party may be 
 
 imprisoneck for period proportionate with amount, 92 9 353 
 
 owner of dog accustomed to worry sheep, &c. liable to owner 
 
 and also subject to penalty, 92 10 353 
 
 duration of sections 4, 5, and 6, to be 5 years from 18th April, 
 
 1856, &c. 92 11 353 
 
 oysters placed in beds for propagation not to be disturbed &c. 
 
 — penalty for breach of section, 92 12 353 
 
 penalty recoverable by any person and appropriated to prose- 
 cutor's use, 92 13 353 
 
 sections 12 and 13 to be in force until 1st May, 1860, and from 
 
 thence, &c., , 92 14 353 
 
 sessions may regulate taking of oysters generally, and impose 
 
 penalty not exceeding 20s. for each offence, 92 15 353 
 
 penalties recoverable by any one and appropriated to prose- 
 cutor's use, " 92 16 353 
 
 Beottons 15 and 16 to be in force until 12th April, 1861, and 
 
 from thence, &o. 92 17 353. 
 
 92 
 
 5 
 
 352 
 
 92 
 
 6 
 
 353 
 
 92 
 
 7 
 
 353 
 
 92 
 
 8 
 
 353 
 
INDEX. 689 
 
 Cap. Sec. Page. 
 BIRTHS. See registry of. 123 1 404 
 
 BOARD OP HEALTH AND INFECTIOUS DISEASES— 
 
 governor in council may make eanitory orders — how to be 
 
 notified — evidence of publication, what sufficient, 54 1 200 
 
 governor in council may appoint health officers and boards of 
 
 health, and prescribe their duties, 54 2 200 
 
 vessels liable to examination not admitted to entry until exhi- 
 bition of certificate, and payment of authorised feos, 
 health wardens how appointed, and their duties defined, 
 may, by order in writing, cause purification of buildings, &c., 
 violation of orders made a misdemeanor subject to penalty, 
 health wardens refusing to accept oSice or discharge duties, 
 
 subject to penalty and loss of office — duration of, 
 cases of plague or imminent danger, how provided against, 
 persons sick with contagious or infectious diseases may be 
 removed, and . houses may be vacated under certain 
 restrictions, 
 general vaccination may be ordered — expense how borne, 
 return of vaccinations under preceding section to be made to 
 seaeions — accounts when examined to form county charge, 
 fish markets may be opened under certain restrictions, 
 BONITRES, See firearms and fireworks. 
 BONDS ; by public officers to be in the name of her majesty if not 
 
 otherwise directed, 
 BOOKS. See copyrights. 
 BOTTOMRY. See interest, 
 BOUNDARIES OF CONTIES— 
 confirmed, 
 
 how county lines to be run, 
 how county lines to be run on adjoining county, 
 disa,greement of surveyors provided for, 
 BOUNDARY LINES ; between Nova Scotia and New Brunsvpick 
 
 established. Appendix. 
 BOUNDARIES OF TOWNSHIPS. See townships. 
 BREAD. See inspection of provisions. 
 
 BRIBERY AND TREATING AT ELECTIONS. See elections. 
 BRIDGES AND PUBLIC LANDINGS— 
 
 sessions shall have control over public wharves and landings, 
 
 drawbridges, and certain other bridges, and may regulate 
 
 same, but so as not to affect rights conferred by act of 
 
 incorporation, 71 1 270 
 
 draws may be ijiada in bridges by sessions on recommendation 
 
 of grand jury. 71 2 271 
 
 BUILDINGS, county and jail- 
 jails, court houses and session houses, how erected and repaired 
 spirituous liquors forbidden within jail limits, 
 jailor on second conviction in addition to fine to lose office, 
 prosecution to be ia name of clerk of peace, 
 liquors prescribed medicinally, may be introduced, 
 
 54 
 
 3 
 
 201 
 
 54 
 
 4 
 
 201 
 
 54 
 
 5 
 
 201 
 
 54 
 
 6 
 
 201 
 
 54 
 
 7 
 
 201 
 
 54 
 
 8 
 
 201 
 
 54 
 
 9 
 
 201 
 
 54 
 
 10 
 
 202 
 
 54 
 
 11 
 
 202 
 
 54 
 
 12 
 
 202 
 
 100 
 
 2 
 
 372 
 
 1 
 
 7 
 
 4 
 
 119 
 
 — 
 
 397 
 
 82 
 
 3 
 
 309 
 
 S9 
 39 
 
 1^162 
 2 162 
 
 39 
 
 3 
 
 162 
 
 39 
 
 4 
 
 162 
 
 
 1 
 
 676 
 
 48 
 
 — 
 
 188 
 
 85 
 
 — 
 
 312 
 
 6 
 
 »^ 
 
 12 
 
 47 
 
 1 
 
 187 
 
 47 
 
 2 
 
 187 
 
 47 
 
 3 
 
 187 
 
 47 
 
 4 
 
 187 
 
 47 
 
 '5 
 
 187 
 
90 
 
 INDEX, 
 
 BUILDINGS, (Continued.) 
 
 when jail limits extend beyond jail yard, above regulations 
 
 only to extend to prisoners in jail or limits, 
 supreme court may fix jail limits in the different counties, and 
 
 make regulations in connection therewith 
 sessions may regulate in certain eases, 
 jailer's fees and salary, how regulated, 
 orders 'of sessions to be submitted to supreme court, 
 copy of jail regulations to be posted up in jail building. 
 BUOYS AND BEACONS. See pilotage. 
 BURNING WOODS. See woods and marshes. 
 
 BYE-LAWS— 
 
 powers to make, &c., — extension of, 
 repugnant to law, void. 
 CANDIDATES. See ekctimi. 
 CATTLE AND HORSES, straying— 
 
 cattle, &c. , straying into enclosure may be detained by owner 
 
 if not claimed in twenty-four hours — description to be 
 
 sent to town clerk, 
 town clerk to file description, &c., and post up copy in office — 
 
 fee thereon, 
 if not claimed in ten days, animal may be sold by order of 
 
 justice, on application of finder — sale not to take place 
 
 within certain periods, 
 after deducting expenses, proceeds of sale shall be paid toover- 
 
 seers of poor, except when claimed by owners of animals 
 
 within twelve months, 
 if property claimed before sale, finder's reasonable expenses to 
 
 be paid, 
 if dispute arise as to ownership or expenses, two justices to 
 
 decide, 
 finder not forwarding description, &c., to town clerk, shall in- 
 cur a forfeiture for each animal detained by him, 
 CATTLE, INFECTED ; going at large. See sessions. 
 CENSUS AND STATISTICS— 
 
 board of statistics, by whom appointed, 
 forms to be prepared by board — how distributed — table ac- 
 cording to schedule, 
 duties and powers of board, 
 secretary, who may be — appointment of, 
 times of taking first and succeeding census, 
 division of counties into districts — enumerators of districts to 
 
 be appointed, 
 two justices and clerk of the peace to prepare abstracts — 
 
 return to be made to board, 
 enumerators to be sworn, 
 enumerator's duty, 
 
 power of enumerators — penalty for obstructing, 
 setuvns how prepared — to be filed,. 
 
 Cap. Sec. Page. 
 
 47 
 
 106 
 
 106 
 
 106 
 
 33 
 
 33 
 
 187 
 
 47 
 
 7 
 
 187 
 
 47 
 
 8 
 
 187 
 
 47 
 
 9 
 
 187 
 
 47 
 
 10 
 
 188 
 
 47 
 
 11 
 
 188 
 
 78 
 
 — 
 
 295 
 
 102 
 
 — 
 
 373 
 
 1 
 
 7 
 
 4 
 
 1 
 
 7 
 
 4 
 
 5 
 
 — 
 
 7 
 
 1 375 
 
 2 377 
 
 3 377 
 
 106 
 
 4 
 
 377 
 
 106 
 
 5 
 
 377 
 
 106 
 
 6 
 
 377 
 
 106 
 
 7 
 
 377 
 
 107 
 
 — 
 
 378 
 
 149 
 
 33 
 
 2 
 
 149 
 
 33 
 
 3 
 
 149 
 
 33 
 
 4 
 
 149 
 
 33 
 
 5 
 
 149 
 
 149 
 
 33 
 
 6 
 
 150 
 
 33 
 
 7 
 
 150 
 
 33 
 
 8 
 
 150 
 
 33 
 
 9 
 
 150 
 
 33 
 
 10 
 
 150 
 
INDEX. G91 
 
 Cap Sfp p v (^ ' r* 
 'CENSUS ANB STATISTICS, {Continued.) 
 
 justices and clerk of the peace to examine and correct returns 
 
 and prepare abstracts for legislature, 
 
 enximerator'a remuneration and mode of obtaining, 
 
 clerks of the peace how remunerated, 
 
 enumerators neglecting duties to be fined, 
 
 persons offending against this chapter, guilty of a misdemeanor, 
 
 schedule— questions 
 
 CERTIORARI, Writ of— 
 
 before writ issue, bail to be filed and endorsed, 
 
 court may enquire anew into facts and order a trial by jury, 
 
 ■CHIMNEY SWEEPERS. See fire andfirewards. 
 
 CHRISTMAS DAT ^ act to be done on — to be done the day after, 
 
 CHURCH OF ENGLAND— 
 
 licensed clergymen only to officiate, 
 
 no license to be refused without cause shown in writing, 
 
 piirishea established remain- — new parishes may be allotted — 
 may be divided on application of parishioners, 
 
 church wardens and vestry how elected, and their powers, 
 
 church wardens and vestries constituted corporations — their 
 
 powers, 50 5 194 
 
 parishoners, who shall be c'eemed — their power of granting 
 money, and mode of its assessment and collection poin- 
 ted out, 50 6 191: 
 
 church wardens and vestry may abate and compromise 
 
 assessment, 50 7 194 
 
 meetings for business, when and how to be called, 50 8 194 
 
 if church wardens and vestry refuse to act, others may be 
 
 named, 50 9 105 
 
 glebe lands, for what period leased- — may be sold with concur- 
 rence of bishop, 50 10 195 
 
 CLAPBOARDS. See inspection, ^c. 85 — olH 
 
 33 
 
 11 
 
 150 
 
 33 
 
 12 
 
 150 
 
 33 
 
 13 
 
 151 
 
 33 
 
 14 
 
 151 
 
 33 
 
 15 
 
 151 
 
 33 
 
 li 
 
 51-155 
 
 148 
 
 1 
 
 585 
 
 148 
 
 2 
 
 585 
 
 99 
 
 — 
 
 365 
 
 1 
 
 7 
 
 4 
 
 50 
 
 1 
 
 193 
 
 50 
 
 2 
 
 193 
 
 50 
 
 3 
 
 193 
 
 50 
 
 4 
 
 194 
 
 42 1 UJ 
 
 CLERKS OF THE PEACE— 
 how appointed and sworn, 
 office of — to become vacant on death or removal of custos or 
 
 vote of majority of sessions — to hold office till successor 
 
 appointed, 
 to engross in a book indexed, all rules, &o., 
 to make annual return in triplicate to board of statistics of all 
 
 convictions had, and fines and penalties imposed and col- • 
 
 lected, 
 not to receive fees except in cases of licences, 
 may appoint deputies in certain cases, with consent of custos, 
 
 CLERK OF LICENCES. See intoximlinf/ liquors. 22 — 71 
 
 CLERK. OF THE CROWN, to include deputy, 1 — 3 
 
 45 
 
 42 
 
 2 
 
 165 
 
 42 
 
 b 
 
 165 
 
 42 
 
 4 
 
 16G 
 
 42 
 
 5 
 
 166 
 
 42 
 
 6 
 
 1(6 
 
692 
 
 INDEX. 
 
 Cap. Sec. Pace. 
 
 27 
 
 8 
 
 100 
 
 27 
 
 9 
 
 100 
 
 27 
 
 10 
 
 100 
 
 COAL MINES— Part the Fikst. 
 
 proceedings preparatory to opening of, on private grounds, 
 
 with sanction of government, 27 1 98^ 
 
 lands to be laid off by jury and damages assessed — manner of 
 
 proceeding, 27 2 99" 
 
 verdict of jury to be confirmed by court of sessions, and an 
 
 order made and bonds given party to talce possession, 27 3 99 
 
 bond to be made to the queen, without designating person 
 
 entitled to the rent, 27 4 100 
 
 how and to whom rent to be paid when rent in dispute or 
 
 owner uncertain or unknown, 27 5 100 
 
 payment to wrong party how protected — damages or rent 
 wrongfully paid may be recovered in value for money 
 had and received against party to whom paid, 27 & 100 
 
 title to damages disputed — amount and annual rent to be paid 
 to county treasurer — order of court of sessions on annual 
 rent disputed — how made, 27 7 100 
 
 parties to whom land laid off, not to be implicated in contro- 
 versy between claimants, 
 
 costs on -conflicting claims to be summary costs, 
 
 decisions in sessions subject to appeal — bond to be given, 
 
 bonds although to the queen, to enure for benefit of party enti- 
 tled, and party to be liable to costs as if prosecuted in 
 his own name, 27 li 101 
 
 proceedings not to be set aside for irregularity or informality, 
 
 but the same may be rectified by court, 27 12 101 
 
 lands laid off, how to be wsed by party for whom laid off, but 
 to be so used doing the least injury to owner of soil and 
 lands contiguous, 27 13 101 
 
 railways, &c. may be laid down, &c. 27 14 101 
 
 houses and buildings, &c. erected on lands not to be consi- 
 dered attached thereto, 27 15 101 
 
 owners of land may take possession, if the working of the 
 mines shall have ceased for six months, first giving rea- 
 sonable notice to remove effects, &c, 27 15 101 
 
 provisions for renewing works or altering quantity of land 
 
 set off, 27 16 102 
 
 new bonds to be entered into incase of death of sureties . and 
 
 other cases — on default possession restored to owner,- 27 17 102 
 
 costs in carrying out provisions of sees. 16 and 17 to be paid 
 
 by party authorized to open mines, 97 18 102 
 
 lease of mines how applied for — application to be advertized 
 
 in royal gazette, &e. 27 19 102 
 
 after notice for 12 months, if mines not opened and worked, 
 
 lease may be granted to any other person, 27 20 102 
 
 mine opened and abandoned for 12 months, governor in 
 
 council may grant lease thereof, 27 21 102 
 
 mines only colourably worked, proceedings by attorney gene- 
 ral, to obtain judgment of forfeiture of lease, '27 22 102 
 
INDEX. 
 
 693 
 
 27 
 
 27 
 
 27 
 
 COAL MINES, (Continued.) 
 
 royalties reserved on leases under cap. 27, to be uniform, and, 
 
 such leases not to extend b'6yond 1886, 
 juries under cap. 27, not authorized to determine disputed 
 titles. 
 
 Part the SeconI). 
 leases, agreements, &c. when confirmed— operation and effect 
 
 of — proviso, 
 sections 19, 20, 21, 22, and 23, of cap. 27, part the first, not 
 
 to apply to lands demised by lease, 1st Jan'y, 1858, 
 schedule to be taken and"read as part of cap. 27, 
 indentures of lease vrhen and where to be recorded, 
 certified copies of indentures to be evidence, 
 indentures of 1st Jan'y. 1858, 
 construction of grants as to mines and minerals reserved in 
 
 them, 
 constructions of conveyances of lands as to mines and minerals 
 
 reserved in them, 
 sections 5 and 6 not to apply to mines and minerals not 
 invested in crown or under controul of legislature, 
 COAL AND SALT. See inspection. 
 COAST FISHERIES. See fisheries. 
 COASTING ON HIGHWAYS. See highways. 
 
 COIN AND BULLION ; may be landed without entry or permit, 
 and see currency. 
 
 COIN. See forgery and offences against. 
 
 COLLECTORS OF CUSTOMS. See officers of customs. 
 
 COMMISSIONERS OF PUBLIC PROPERTY— 
 
 governor in council to make regulations for superintending 
 
 and managing the public buildings, property, light 
 
 houses, &c.,of province— expence for conducting limited — 
 
 legislature to revise regulations, 
 powers of board of works transferred to commissioners, 
 former acts of commissioners ratified, 
 lands required by commissioners for erection, &c. of light 
 
 houses, &c., may by them be appropriated to and vested 
 
 in the public appraisement, 
 government, if appraisement extravagant, may order new 
 
 appraisement. 
 COMMISSIONERS OP STREETS. See streets. 
 
 COMMONS— 
 
 commons to be under management of sessions, 
 except where regulated by special act, as in Halifax. 
 
 CONSTABLES, protection of— 
 
 demand of perusal and copy of warrant to be served on con- 
 stable before action brought, 151 
 
 Cap. Sec. Paqe. 
 
 24 
 
 23 108 
 
 24 103 
 
 1 105 
 
 27 
 
 2 
 
 106 
 
 27 
 
 3 
 
 106 
 
 27 
 
 4 
 
 106. 
 
 27 
 
 4 
 
 106. 
 
 27 
 
 — 106-123 . 
 
 27 
 
 5 
 
 123; 
 
 27 
 
 6 
 
 123- 
 
 27 
 
 7 
 
 124 
 
 85 
 
 — 
 
 312r 
 
 94 
 
 — 
 
 354 
 
 109 
 
 — 
 
 378* 
 
 16 
 
 2 
 
 4»>' 
 
 165 
 
 — 
 
 624 
 
 14 
 
 
 
 42.. 
 
 24 
 
 I 
 
 ^2 
 
 24 
 
 2 
 
 92 
 
 24 
 
 a 
 
 92 
 
 92 
 
 24 
 
 5 
 
 93 
 
 64 
 
 — 
 
 232 
 
 74 
 
 1 
 
 280 
 
 74 
 
 2 
 
 280 
 
 590 
 
694 INDEX 
 
 Cap. Seo. Pagis. 
 
 CONSTABLES, (Continued.) 
 
 if after demand and compliance, if justice be not joined in 
 action, on proof of warrant, &c., judgment to be given 
 for constable although justice had not jurisdiction, 151 2 590 
 
 in joint action against constable and justice, on proof of war- 
 rant judgment for constable, and if verdict against justice 
 full costs against justice, including costs of constable, 
 
 limitation of action against constable, &c. 
 
 CONTRACTS. See frauds and perjuries. 
 
 CONTAGIOUS DISEASES. See boards of health, ^-c. 
 
 CONTROVERTED ELECTIONS— 
 
 member before betakes seat, if required, to deliver schedule of 
 
 qualification, and take oath, 
 proceedings on petition against a return, 
 petitioner to enter into recognizance, 
 proceedings on undefended return, 
 mode of proceeding at time for considering petition, 
 comm.ittee how drawn in cases of, 
 names of member voting at election or petitioned against, to 
 
 be set aside if drawn, 
 members drawn how excused, 
 
 member drawn excused if serving on another election com- 
 mittee, 
 another name to be drawn for excused member, 
 committee how struck, 
 committee to be sworn — how adjourned, 
 committee how appointed and struck, sitting member not 
 
 appearing, 
 chairman how selected, 
 powers and duty of committee, 
 committee may report specially, 
 
 member not to absent himself without leave of the house, 
 committee dissolved if reduced to less than five for three days, 
 — new committee to consider evidence given before dis- 
 solved committee, 9 17 29 
 •witnesses disobeying summons, prevaricating or misbehaving, 
 
 committee to report to house, 
 committee may direct room to be cleared, 
 majority to decide, 
 how oaths administered, 
 [ committee not dissolved by prorogation, 
 petition may be reported frivolous, 
 expenses recoverable if petition frivolous, 
 expenses recoverable if opposition frivolous, 
 expenses how taxed, 
 expenses how recovered, 
 
 party paying expenses may recover rateably from others liable, 
 the words " sitting member " explained. 
 
 151 
 
 2 
 
 590 
 
 151 
 
 3 
 
 590 
 
 121 
 
 3-4 
 
 403 
 
 54 
 
 — 
 
 200 
 
 9 
 
 1 
 
 26 
 
 9 
 
 2 
 
 26 
 
 9 
 
 3 
 
 26 
 
 9 
 
 4 
 
 26 
 
 9 
 
 5 
 
 27 
 
 9 
 
 6 
 
 27 
 
 9 
 
 7 
 
 27 
 
 9 
 
 8 
 
 27 
 
 9 
 
 9 
 
 27 
 
 9 
 
 10 
 
 27 
 
 9 
 
 , 11 
 
 28 
 
 9 
 
 11 
 
 28 
 
 9 
 
 12 
 
 28 
 
 9 
 
 13 
 
 28 
 
 9 
 
 14 
 
 28 
 
 9 
 
 15 
 
 28 
 
 9 
 
 16 
 
 29 
 
 9 
 
 18 
 
 29 
 
 9 
 
 19 
 
 29 
 
 9 
 
 20 
 
 29 
 
 9 
 
 21 
 
 29 
 
 9 
 
 22 
 
 29 
 
 9 
 
 23 
 
 29 
 
 9 
 
 24 
 
 29 
 
 9 
 
 25 
 
 29 
 
 9 
 
 26 
 
 30 
 
 9 
 
 27 
 
 30 
 
 9 
 
 28 
 
 30 
 
 9 
 
 29 
 
 30 
 
INDEX. 695 
 
 • Cap. Sec. Page. 
 
 CONVICTS. See penitentiary, 25 — 93 
 
 COPARCENERS. See lands-partition of, 139 — 562 
 
 COPYRIGHTS AND PATENTS— 
 
 copyrights of authors how secured. 119 1 397 
 
 penalties for infringing copyrights by printing or importing 
 
 works, &o. 119 2 398 
 
 penalties by infringing copy rights by imitations, &o. 119 3 398 
 
 printed copy of title of all works, &c. to be registered in pro- 
 vincial secretary's office before publication — duty of pro- 
 ■vincial secretary on such registry, 119 4 398 
 
 penalty for illegally inserting an entry as registered according 
 
 to law, 119 5 399 
 
 limitation of actions, 119 6 399 
 
 printing or publishing any manuscript without author's con- 
 sent, actionable, 119 7 399 
 
 copies of all works, &c. to be furnished to legislature by pro- 
 prietor, 119 8 399 
 
 all books admitted duty free, except reprints, copyright of 
 
 which protected by acts of imperial parliament, 119 9 399 
 
 duty on importation of reprints bound in covers, of which 
 copyright protected, to be 20 per cent ad valorum — not to 
 extend to newspapers, &c. — how duty disposed of, 119 10 399 
 
 fine for improperly importing, selling or having dutiable re- 
 prints, how recovered and applied, 
 
 reprints imported to be stamped, &c. 
 
 CORPORATIONS, agricultural and land- 
 agricultural corporations how organized, 
 
 formation of land companies, &c., 
 
 power of company over land, 
 
 land companies may contract for railways running through 
 
 land. 88 4 336 
 
 CORPORATIONS; general provisions respecting — 
 
 powers and privileges of corporations, 
 
 may make bye-laws — proceedings to be regulated thereby, 
 
 when bye-laws to be in force — effect of registration— how 
 shares transferred, &o. 
 
 first meeting how called, 
 
 how meeting to be called in special cases, 
 
 powers and duties of corporations when assembled, 
 
 shares to be personal property, 
 
 real estate to be sold as personal property, 
 
 duration of acts respecting corporations, 
 
 corporations to continue, after three years to close concern, 
 
 trustees may be appointed to wind up affairs, notwithstan- 
 ding corporations may have expired, 
 
 officers and members, how liable and sued, 
 
 liability of individual members, 
 
 liability of directors or board of managers for overtrading. 
 
 19 
 
 11 
 
 400 
 
 19 
 
 12 
 
 400 
 
 88 
 
 1 
 
 335 
 
 88 
 
 2 
 
 335 
 
 88 
 
 3 
 
 336 
 
 87 
 
 1 
 
 330 
 
 87 
 
 2 
 
 330 
 
 87 
 
 3 
 
 330 
 
 87 
 
 4 
 
 331 
 
 87 
 
 5 
 
 331 
 
 87 
 
 6 
 
 331 
 
 87 
 
 7 
 
 331 
 
 87 
 
 8 
 
 331 
 
 87 
 
 9 
 
 332 
 
 87 
 
 10 
 
 332 
 
 87 
 
 11 
 
 332 
 
 87 
 
 12 
 
 332 
 
 87 
 
 13 
 
 332 
 
 87 
 
 14 
 
 333 
 
696 
 
 INDEX, 
 
 CORPORATIONS, (Continued.) 
 
 authentication of acts by seal not necessary, 
 
 no company to engage in banking or insurance business, unless 
 
 authorised by act of incorporation, 
 mode of conducting arbitration under act of incorporation, 
 abstract of receipts, expenditures, &c., to be filed annually 
 
 in provincial secretary's office, as also when required, 
 
 bye-laws, &e., 
 penalty of refusing or neglecting to file abstract, &c., 
 insurance companies to make annual returns in provincial 
 
 secretary's office, 
 acts of incorporation of wharf, pier, or breakwater companies, 
 
 whether temporary or perpetual, to continue in force till 
 
 31st December, 1875 and no longer, 
 
 CORONERS— 
 
 how appointed and sworn, 
 
 to return inquisition to clerk of crown, and clerk of crown 
 
 to give certificate of filing, 
 juries how summoned, inquest may be held on Sunday, 
 fee for inquisition, how drawn and appropriated 
 extra charges to be defrayed by county, 
 justices may amerce county for extra charges, 
 appeal from assessment, and how, 
 justices to sit in absence of, 
 to make return in triplicate of inquests to board of statistics 
 
 Cap: 
 
 87 
 
 Page. 
 
 15 333 
 
 87 
 
 16 
 
 333 
 
 87 
 
 17 
 
 333 
 
 87 
 
 18 
 
 334 
 
 87 
 
 19 
 
 334 
 
 87 20 
 
 87 
 
 41 
 
 21 
 
 334 
 
 335 
 
 164 
 
 COSTS AND FEES— 
 
 fees to be as prescribed in this chapter, 
 
 person taking greater fees to forfeit £10 to party aggrieved, to 
 
 be recovered in an action for debt, 
 actions for such forfeitures must be brought in county where 
 
 offence committed, within six months, 
 fees at provincial secretary's office, 
 sheriff's fees, 
 appraiser's fees, 
 juror's fees, 
 witnesses' fees, 
 crier's fees, 
 
 constable's fees, (supreme court,) 
 coroner's fees, 
 
 arbitrator's fees, under rule of court, 
 fees in court of marriage and divorce, 
 fees in court of probate, 
 fees in magistrate's court, 
 • fees in bastardy cases, 
 fees of registrar of deeds, 
 fees in distress for rent. 
 
 COSTS OF PROVING DOCUMENTS. See evidence. 
 
 COUNTY RATES. See Msessment. 
 
 41 
 
 2 164 
 
 41 
 
 3 165 
 
 41 
 
 4 165 
 
 41 
 
 5 165 
 
 41 
 
 6 165 
 
 41 
 
 7 165 
 
 41 
 
 8 165 
 
 tistics, 41 
 
 9 165 
 
 ■^^^ 
 
 ^' /f3~^ 
 
 154 
 
 1 601 
 
 154 
 
 601 
 
 154 
 
 3- 
 
 601 
 
 154 
 
 — 
 
 601-2 
 
 154 
 
 — 
 
 602-3 
 
 154 
 
 — 
 
 603 
 
 154 
 
 — 
 
 603 
 
 154 
 
 — 
 
 603 
 
 154 
 
 — 
 
 603 
 
 154 
 
 — 
 
 603 
 
 154 
 
 — 
 
 603-4 
 
 154 
 
 — 
 
 604 
 
 154 
 
 — 
 
 604-5 
 
 154 
 
 — 
 
 605-7 
 
 154 
 
 — 
 
 607-8 
 
 154 
 
 — 
 
 608 
 
 154 
 
 — 
 
 608 
 
 154 
 
 — 
 
 609 
 
 135 
 
 — 
 
 538 
 
 46 
 
 
 
 170 
 
Cap. 
 
 Sec. 
 
 Page. 
 
 39 
 
 — 
 
 162 
 
 47 
 
 — 
 
 187 
 
 4S 
 
 — 
 
 170 
 
 ICS 
 
 1 
 
 630 
 
 168 
 
 2 
 
 630 
 
 168 
 
 3 
 
 631 
 
 168 
 
 4 
 
 631 
 
 INDEX. , 697 
 
 COUNTIES. Sue boundnnes of. 
 
 flOUNTY BUILD [NGS AND PROPERTY. See huildings, dfc. 
 
 COUNTY TREASURER. See assessment. 
 
 CRIMINAL JUSTICE, administration of— 
 
 arrests how made for offences under title forty-two, 
 
 no imparlance allowed in misdemeanors except in cause shown, 
 
 not guilty pleaded in treason or felony, its effect, 
 
 standing mute, proceedings thereon, 
 
 challenges in treason limited to thirty-five, and in felony to 
 
 twenty — challenges beyond void, 108 5 031 
 
 plea of attainder in bar of judgment to be for same offence as 
 
 charged in indictment pleaded to, < 108 631 
 
 indictment or informal iun not to abate by reason of dilatory 
 plea— court may amend, if satisfied of truth of plea, by 
 affidavit, 108 7 031 
 
 jury not to enquire concerning lands, &c., in treason and 
 
 felony, 108 8 631 
 
 -counsel allowed in felony, IO3 9 031 
 
 prisoners, &e., entitled to copies of examination of witnesses — 
 
 when to be applied for, 168 10 631 
 
 prisoners, at time of trial, entitled without fee to inEpect all 
 
 depositions taken agiiinst them, and returned, 
 bejiefit of clergy on conviction for felony abolished, 
 Accessories before the fact, who may be deemed — ibid how and 
 
 where tried, 
 '^accessories after the fact, how, when and where tried, 
 accessories may be convicted and punished, although the prin- 
 cipal may not have been attainded, 168 15 633 
 accessories before the fact in felony, may be tried and punished 
 
 as principals, 168 16 633 
 
 charge alleging former conviction, without more, in second 
 indictment for felony, not punishable with death — 
 sufficient, ■ 168 17 633 
 
 tiigamy, in what county may be tried and punished, 168 18 633 
 
 indictment for feloniously stealing or receiving property how 
 
 drawn, and proceedings thereon, 108 19 633 
 
 felonies and misdemeanors committed near boundries of coun- 
 ties, or begun in one and completed in another, may be 
 tried and punished in either county, 168 20 634 
 
 felonies committed in coach, &c., or on board of boat or ves- 
 sel, &c., passing through, or on a voyage, &c., bow and 
 whei-e tried, and punished, 
 altering deeds, forgery for, where tried and punished, 
 forged or altered instruments how described — indictment, 
 ownership of joint property, how to be described, 
 public property, how to be described, 
 property in possession of public officers, how to 
 be described, 
 fioibazzlement howio belaid, charged and proved, 
 
 163 
 
 11 
 
 632 
 
 168 
 
 12 
 
 632 
 
 168 
 
 13 
 
 632 
 
 168 
 
 H 
 
 C33 
 
 108 
 
 21 
 
 634 
 
 168 
 
 22 
 
 634 
 
 168 
 
 23 
 
 635 
 
 168 
 
 24 
 
 635 
 
 168 
 
 25 
 
 035 
 
 108 
 
 20 
 
 C35 
 
 168 
 
 27 
 
 030 
 
698 
 
 INDEX 
 
 Cap. Sest. Facs,. 
 
 CRLMINAL JUSTICE, (Continued.) 
 
 injuries to person feloniously committed in province, and death 
 
 out of, or vice versa, where tried and punished, 168 28 63&. 
 
 indictment for robbery, assault may bo found, 168 29 636> 
 
 on trial for misdemeanor, if facts amount to felony, jury may 
 
 be discharged, and party tried for felony, 168 30 &3% 
 
 person on trial for embezdement not to be acquitted, but may 
 
 be found guilty of larceny, 168 31 631 
 
 on indictment for receiving stolen gooda against two. or moie 
 
 persons, jury may find one or more guilty, 168 32 631 
 
 any number of accessories or receivers may be joined in 
 
 indictment without indicting principal felon, 168- 33 63T 
 
 several counts for distinct acts of stealing, not exceeding three, 
 
 may be inserted in indictment against the same person,, 108 S4 OSS- 
 prosecutor, wlien bound, to elect upon which taking, he will 
 
 proceed, except in certain cases, 168 35 63S- 
 
 bank or treasury notes and money, how to be described in 
 
 indictment for stealing and embezzlement, 168 36 638 
 
 punishment for an assault with intent to commit a felony, 168 37 638- 
 
 in prosecutions under section 12 ehaptei 164, no allegation if 
 
 property in any person necessary^ 168 38 638- 
 
 what allegations requisite and sufficient under section 13 chap- 
 ter 161, 168 39 639» 
 
 receivers of stolen good, &c., how indicted, eonwcted and 
 
 punished, 168 -lO 639" 
 
 receivers of stolen goods, &o., where indicted, txied, and pun- 
 ished, 
 
 stolen goods, when and to whom restered, 
 
 •'ertificate of conviction for previous felony, how given and 
 proved — punishment for giving false certificates, 
 
 form of solemn affirmation by Moravian or Qaalier, 
 
 judgments not to be reversed or stayed for want of formal aver- 
 ments unnecessary to be proved, or for other slight imper- 
 fections, 168 45 640i 
 
 judgment after verdict not to be stayed or reversed for want of 
 similiter — wrong award of jury — process — ^return of pro^ 
 cess, &c., 168 40 64B 
 
 sentence for a felony when party in prison for another felony 
 to commence from expiration of first sentence, 
 
 pillory and whipping abolished, 
 
 persons convicted of murder, how to be kept and fed after 
 judgment, 
 
 pnrdon of felons, effect as to subsequent convictions, 
 
 punishment endured for felonies, not punishable with death, 
 
 to have the efi'ct of pardon, 168 51 642 
 
 julges may direct prosecution for perjury, against persons 
 
 guilty thereof in giving evidence, &o., before thenx, 168' 52 642 
 
 substance of offence may be fet forth in indictment for 
 
 perjury^ 16S 53 643- 
 
 mode of alleging offence in indictment for subornation for 
 
 perjury, 163 54 64a 
 
 168 
 
 41 
 
 639! 
 
 168 
 
 42 
 
 63S> 
 
 168 
 
 43 
 
 640 
 
 168 
 
 44 
 
 64ft 
 
 168 
 
 47 
 
 641 
 
 108 
 
 48 
 
 641 
 
 168 
 
 49 
 
 641 
 
 168 
 
 50 
 
 642 
 
 
168 
 
 58 
 
 64i 
 
 1G8 
 
 59 
 
 644 
 
 1G8 
 
 60 
 
 645, 
 
 168 
 
 61 
 
 645. 
 
 168 
 
 63 
 
 645 
 
 168 
 
 64 
 
 646 
 
 168 
 
 65 
 
 646 
 
 168 
 
 66 
 
 64(i 
 
 t INDEX. 699 
 
 „ Cap. Sec. Page* 
 
 CRIMINAL JUSTICE, {Continued.) 
 
 competency of witnesses on trial for forgery, ifcc, 168 55 643 
 
 aniendments of indictments or informations allowed, 168 56 643, 
 
 on indictment for child murder, jury mvy find mother guilty 
 
 of endeavouring to conceal the birth, 168 57 644 
 
 proceedings when sentence of death commuted by the 
 governor, 
 
 prisoners when of ability, to pay charges for conducting to jail, 
 
 if prisoner not able to pay charges of constable and other offi- 
 cers, payable by county treasurer, 
 
 poor witnesses — expenses of, how paid, 
 
 such expenses to be paid out of public treasury, if county trea- 
 surer have no funds, 168 62 64-S 
 
 witnesses on criminal trials attending for prosecution entitled 
 to fees, &o., — mode of payment, &o., 
 
 eounty treasurer to pay amount of fees, 
 
 court in absence of attorney and solicitor general, may ap- 
 point counsel to conduct crown prosecutions — ^remune- 
 ration, 
 
 costs when taxed, how paid, 
 
 party convicted, if of ability, may be directed to pay all 
 
 expenses, 168 67 646 
 
 certificate of clerk of crown of substance of indictment, &c., 
 sufBcient evidence of the trial of said indictment, 
 
 no venue necessary to be stated, 
 
 when indictment not to be held insufficient, 
 
 objections to indictment, when to be taken, 
 
 not entitled to traverse indictment, but court if proper ma/ 
 postpone trial, 
 
 plea'of autre-fois conv' ct, 
 
 definition of the word indictment, 
 
 criminals may be sentenced by a single judge at sittings, 
 
 amendments of indictments at trial, 
 
 force of verdict after amendments made, 
 
 records after amendments to be in form of indictment, as 
 
 amended, 168 78 649 
 
 what statements unnecessary in indictment for murder or 
 manslaughter, 
 
 what description sufficient in indictment for forgery, &c., 
 
 in indictments for engraving, mode of describing the instru- 
 ment or thing used, 
 
 ibid, 
 
 allegations necessary in indictment for certain offences, 
 
 in trials for felony or misdemeanor, jury may acquit for the 
 felony or misdemeanor and find party guilty of an attempt 
 to commit offisnce, 
 
 governor in council may order special sittings of supreme 
 court for trial of felonies, 
 
 order to name a particular day, and published in royal 
 gazette, 
 
 168 
 
 68 
 
 046 
 
 168 
 
 69 
 
 647 
 
 168 
 
 70 
 
 647 
 
 168 
 
 71 
 
 647 
 
 168 
 
 72 
 
 647 
 
 168 
 
 73 
 
 648 
 
 168 
 
 74 
 
 648 
 
 168 
 
 75 
 
 648 
 
 168 
 
 76 
 
 648 
 
 168 
 
 77 
 
 649, 
 
 168 
 
 79 
 
 649 
 
 168 
 
 80 
 
 649 
 
 168 
 
 81 
 
 649 
 
 168 
 
 82 
 
 650 
 
 1G8 
 
 83 
 
 650 
 
 168 
 
 84 
 
 6-50 
 
 168 
 
 85 
 
 650 
 
 168 
 
 86 
 
 65ti 
 
TOO 
 
 mBES. 
 
 Cap. Sec. ^age. 
 
 1G8 
 
 88 
 
 651 
 
 168 
 
 •89 
 
 651 
 
 108 
 
 90 
 
 651 
 
 28 
 
 1 
 
 124 
 
 28 
 
 2 
 
 124 
 
 28 
 
 5 
 
 125 
 
 28 
 
 6 
 
 125 
 
 28 
 
 7 
 
 126 
 
 28 
 
 8 
 
 12G 
 
 28 
 
 9 
 
 126 
 
 28 
 
 10 
 
 126 
 
 28 
 
 11 
 
 126 
 
 28 
 
 12 
 
 126 
 
 CRDIINAL JUSTTCB, (Continued) 
 
 mode of summoning juries, &c., 168- 87 651 
 
 any judge of supreme court may preside, and the proceed- 
 ings to have the same force and effect as if -at ordinary 
 term or sittings, 
 
 judge may adjourn sittings, 
 
 last five sections extended to misdemeanors, 
 CROWN LANDS— 
 
 title of commissioner of, 
 
 duties of commissioner of, 
 
 governor in council may modify regulations ia section number 
 
 two, 28 3 125 
 
 ■commissioner of, and any deputy surveyor commissioned for 
 
 that purpose, guardian of yoang immigrants, &c., 28 4 125 
 
 governor in council may direct other lands than those 
 mentioned in section two, to be laid off, 
 
 <3uty of deputy surveyors, 
 
 affidavit to be sent by deputy surveyors with their return,, to 
 crown land commissioner, 
 
 price of ungranted lands to bo settled by governor in council, 
 
 grants of — by whom and on what terms obtained, 
 
 when grants may be declared void, 
 
 governor in council may at any time sell or lease lands, 
 
 reservation of lands for Indians, 
 
 c'eputy surv(yors may administer oath to their chaiamen — 
 
 form of, 28 13 127 
 
 principal deputy surveyor authorized as in section 29, cap. 
 
 147, may pass over, &c., any lands, for certain purposes, 28 14 127 
 
 commissioner of — see also surc.yor-general, <Sfc., cap. 37. 
 CURRENCY— 
 
 what coins shall be a legal tender, 83 1 310 
 
 amount of British silver which may be a legal tender at one 
 
 time, 83 2 810 
 
 banker's notes, or bills designed to serve the like purpose, 
 whether made payable in gold or silver, may demand full 
 payment in gold or silver money, and in default of pay- 
 ment interest recoverable at 12 per cent, per annum, 83 3 310 
 
 every such note tranferable by delivt;ry, and may be recovered 
 
 as a promissory note, 83 4 .311 
 
 holder may tender such note to maker as a payment, 83 5 311 
 
 bank notes under five pounds, issuer subject to penalty of ten 
 pounds — persons issuing or circulating bank notes, pro- 
 missory notes payable otherwise than in gold or silver 
 money, to forfeit ten pounds, 83 6 311 
 
 treasury notes and undertaking, or order on banker excepted 
 — promissory notes less than five pounds for debts, 
 excepted, 83 7 311 
 
 CUSTOMS, laws of— 
 
 papers and proceedings connected with entry and clearance to 
 
 be as heretofore, unless altered by board of revenue, 15 1 44 
 
15 
 
 2 
 
 44 
 
 15 
 
 3 
 
 44 
 
 15 
 
 4 
 
 41 
 
 15 
 
 4 
 
 44 
 
 15 
 
 5 
 
 44 
 
 15 
 
 6 
 
 45 
 
 15 
 
 7 
 
 45 
 
 15 
 
 8 
 
 45 
 
 15 
 
 9 
 
 45 
 
 15 
 
 10 
 
 45 
 
 15 
 
 10 
 
 45 
 
 15 
 
 10 
 
 45 
 
 INDEX. 701 
 
 Cap. Sec. Page. 
 CUSTOMS, (Continued.) 
 
 bonds for duties to be in her majesty's name, and if not in 
 
 «uit, to be void and cancelled after three years, 
 revenue officers may take samples, 
 time of importation of goods to be time of report, 
 time of shipment, to be time of exportation — time of arrival 
 
 and time of departure shall be deemed time when report 
 
 should be made and time of last clearance, 
 by what law duties to be computed and penalties recovered, 
 duties overpaid or improperly charged not recoverable after 
 
 three years, 
 penalties for counterfeiting documents under revenue laws, 
 agents to produce written authority if required, 
 penalty for false declarations, 
 boats, carriages, and cattle, used in removing goods liable to 
 
 forfeiture, to be forfeited, 15 10 45 
 
 persons knowingly assisting in such removal, or having the 
 
 goods in possession, to forfeit treble the value, or £100 at 
 
 election of prosecutor, 
 averment of such election in information proof thereof, 
 forfeiture of a ship to include guns, tackle, &c., 
 vessels and boats in which goods imported, &c., may be 
 
 seized, &c., 15 11 45 
 
 boats and vessels may be levied on and sold, on judgment 
 
 against master — exception, ' 15 11 45 
 
 who may seize — fine for obstructing officer, , 15 12 45 
 
 goods, vessels, &c., seized, may be restored on security given — 
 
 bonds to be taken in her majesty's name, 15 13 46 
 
 goods, ships and boats seized, may be restored by board of 
 
 revenue, 
 ship liable to forfeiture, and goods of trifling value — board of 
 
 revenue may restore same or remit penalty, 15 15 46 
 
 officer may be placed on board ship in limits of port — accomo- 
 dation to be furnished by master, 
 penalty for throwing goods overboard whilst hovering, 
 limitation of suits for penalties or forfeitures, 
 actions in whose name to be brought, 
 averments of place sufficient presumptive evidence of fact, 
 proof of payment of duties, on owner or claimant, 
 claim, how to be made, 
 certificates and copies of official papers duly certified, &>o.,&c., 
 ^ to be received as presumptive evidence on the trial in 
 
 respect of revenue laws, 15 23 47 
 
 a month's notice to be given previous to bringing an action 
 
 against any pe*on acting under revenue laws, 15 24 47 
 
 action to be brought within three mpnths after cause of action 
 
 accrued, 
 collusion, how punished, 
 penalties, how applied, except specially provided for, 
 
 15 14 46 
 
 15 
 
 16 
 
 40 
 
 15 
 
 17 
 
 40 
 
 15 
 
 18 
 
 46 
 
 15 
 
 19 
 
 47 
 
 15 
 
 20 
 
 47 
 
 15 
 
 21 
 
 47 
 
 15 
 
 22 
 
 47 
 
 15 
 
 24 
 
 47 
 
 15 
 
 25 
 
 48 
 
 15 
 
 26 
 
 48 
 
702 
 
 INDEX. 
 
 CUSTOMS, (Continued.) 
 
 appeals, when and how to be prosecuted, 
 appeal not to stay execution in certain cases, 
 operation of regulations may be suspended, 
 rules for construing revenue laws, 
 
 DAMAGES. See supreme court. 
 DAMS. See malicious injury to property. 
 DAYS, how computed. See supreme court. 
 DEALS. See inspection, <^c. 
 DEBTORS. See absent or absconding, t^c. 
 
 DESCENT OF REAL AND PERSONAL ESTATE— 
 
 rule of descent of undevised real estate among issue of deceased 
 
 owner, 
 rule when he leaves no issue, 
 
 in other cases — and as to collaterals, 
 
 rule in case of unmarried deceased minor children, being bro- 
 thers and sisters, or children of deceased brothers and 
 sisters, 
 
 how property to be divided under section 4, 
 
 mode of computing degrees of kindred, 
 
 intestate, having no, kindred, widow to take, 
 
 lands held in trust for deceased, in fee simple, to descend and 
 be chargeable with debts, 
 
 personable estate — how distributable, 
 
 posthumous children — how provided for when no provision 
 for them by will, 
 
 advancement — how considered on division, 
 
 advancement on real estate, to be considered part of the estate 
 to be divided, 
 
 what gifts or grants shall be held advancements, 
 
 value of estate advanced — stated by intestate to be conclusive, 
 
 advancement among grand children, how apportioned, 
 
 tenancy by curtesy in dower, not affected by chapter 115, 
 
 lands in dower, how divided after death of dower'ess, 
 
 estates, real and personal, not devised in will, to be distri- 
 buted as if no will made. 
 
 DECEASED PERSON'S ESTATE. See probate court, 
 descent of real and personal property, 
 wills. 
 
 DEEDS BY MARRIED WOMEN— 
 
 deeds executed by married women, under power of attorney or 
 otherwise, shall be as effectual as if made by single women, 
 if acknowledged before judge or justice to have been exe- 
 cuted without compulsion from her husband, and so certi- 
 fied, 
 
 Cap. 
 
 Sec. 
 
 Paoe. 
 
 15 
 
 27 
 
 48 
 
 15 
 
 28 
 
 48 
 
 15 
 
 29 
 
 48 
 
 15 
 
 30 
 
 48 
 
 134 
 
 — 
 
 487 
 
 166 
 
 — 
 
 625 
 
 134 
 
 — 
 
 487 
 
 85 
 
 — 
 
 312 
 
 141 
 
 
 
 569 
 
 115 
 
 1 
 
 391 
 
 115 
 
 2 
 
 391 
 
 115 
 
 3 
 
 391 
 
 115 
 
 4 
 
 391 
 
 115 
 
 5 
 
 391 
 
 115 
 
 6 
 
 392 
 
 115 
 
 7 
 
 392 
 
 115 
 
 8 
 
 392 
 
 115 
 
 9 
 
 392 
 
 J 15 
 
 10 
 
 392 
 
 115 11 
 
 -12 
 
 393 
 
 115 
 
 13 
 
 393 
 
 115 
 
 14 
 
 393 
 
 115 
 
 15 
 
 393 
 
 115 
 
 16 
 
 393 
 
 115 
 
 17 
 
 393 
 
 115 
 
 18 
 
 393 
 
 115 
 
 19 
 
 394 
 
 130 
 
 
 
 428 
 
 115 
 
 — 
 
 391 
 
 114 
 
 — 
 
 386 
 
 111 
 
 380 
 
INDEX. 703 
 
 Cap. Sec. Page. 
 DEEDS BY MARRIED WOMEN, (Continued.) 
 
 if resident ivithout the province, aclmowledgment must be 
 made before mayor or judge of court of record, authenti- 
 cated by notary public. If resident in foreign country, 
 must be made before minister, ambassador, consul, or 
 vice-consul, certified by him under hie hand and seal. 111 2 380 
 
 such acknowledgment and certificate must be registered vpith 
 
 instrument, 111 3 380 
 
 deeds, &c., executed and acknovcledged by married women in 
 foreign countries before mayor or judge, as in section 2, 
 valid to bar dower. Ill 4 381 
 
 DEEDS, i^istry of, and incumbrances affecting l&,nds — • 
 
 registrar may be appointed by governor in council for county 
 and district where now appointed, — in case of absence &c. 
 deputy appointed, 113- 1 381 
 
 fire proof safes for preservation of records, &c., shall be pro- 
 vided, 113 2 381 
 safe keeping of books of registry &c., to be provided for by 
 grand jury and sessions, who shall assess county for ne- 
 cessary expenses, 113 3 381 
 in case of non-compliance with 3rd section, sessions may 
 
 amerce, 113 4 382 
 
 registrar to give bonds before entering on discharge of his 
 
 duties, 113 5 382 
 
 registrar shall furnish books for registry of deeds &c., to be 
 
 approved by governor in council, 
 double index to be kept of books of registry, 
 double index to be kept of books of entry, 
 deeds, &c. affecting lands shall be registered in counties where 
 
 lands lij, 113 9 382 
 
 deeds shall be copied so as to be transcript of originals, and 
 
 copies of plans annexed shall also be entered, 113 10 382 
 
 deeds within province may be proved by a subscribing witness 
 
 or acknowledgement of parties underneath, 113 11 382 
 
 oath may be administered by registrar, judge, or justice, and 
 
 so certified on instrument, 113 12 382 
 
 in case of death or absence of subscribing witness, deed may be 
 recorded in proof of such death or absence, and of hand 
 writing, 
 
 deeds may be proved out of the province as in 11th section — 
 oath to be administered by judge, mayor, justice, or 
 notary, and duly certified — when proved in foreign 
 country oath administered by ambassador, minister, con- 
 sul or vice consul, 113 14 383 
 deed &c., duly proved and lodged, considered as registered 
 from that date — instruments to be registered in order as 
 proved, 
 if deed executed under power of attorney, such power must 
 
 be recorded, 113 16 383 
 
 113 
 
 6 
 
 382 
 
 113 
 
 7 
 
 382 
 
 113 
 
 8 
 
 382 
 
 113 13 382 
 
 113 15 383 
 
704 INDEX. 
 
 Cap. Sec. Paqe, 
 
 DEEDS, (Continued.) 
 
 subpoena may issue to compel attendance of witness on pro-- 
 duction of deed for proof and registry — disobedience of 
 subpojna punishable, 113 17 383 
 
 certificate of registry to be taken as evidence of such registry, 113 18 383 
 
 deeds, &e. executed but not registered shall be void against 
 subsequent purchaser for valuable consideration first re- 
 gistering his conveyance, 113 19 383 
 
 no incumbrance affecting-elands to have priority by being 
 vested in persont holding previous incumbrances of prior 
 date or registry, 113 20 384 
 
 mortgages not to be released by. certificate, but release to be #• 
 
 recorded as other deeds, and marginal notes made on re-- 
 gistry of mortgage by registrar, 113 21 384 
 
 judgments shall bind lands from date of registry — deeds exe- 
 cuted but not registered shall be void against judgment 
 creditor first recording judgment, 113 22 384 
 
 contents of docket of judgment specified — 'to be recorded vpith- 
 
 out proof, 113 23 384 
 
 writ of attachment levied, shall bind lands from date of re- 
 gistry of writ, description and valuation, and until 30 days 
 after final judgment, 113 24 384 
 
 judgment and attachment shall be discharged by filing of re- 
 lease, and marginal note on registry or certificate of pro- , 
 thonotary, ll3 25 384 
 
 leases for more than three years, if not registered, and reasona- 
 ble rent reserved, void against subsequent purchaser, 
 mortgagee, or judgment creditor, 113 26 384 
 
 grants after 31st March, 1854, must be registered where lands 
 
 lie, 113 27 384 
 
 duplicate originals of grants shall be signed hereafter by the 
 
 provincial secretary, 113 28 385 
 
 separate books for grants to be furnished to registrars — grants 
 to be transmitted by surveyor-general with duplicate plan, 
 and recorded with plan attached and double index—fees 
 paid by province, 113 29 385 
 
 in Halifax county registrar may keep contemporaneous books, 113 30 385 
 township partition plans returned to and certified by protho- 
 notary at Halifax as original, shall be transmitted to 
 registrar for county where such township lies,- 113 31 385 
 
 registry books, except in Halifax, must be kept in safes pro- 
 vided — registrar violating rule shall incur penalty, and be 
 incapable of holding office, 113 32 385 
 
 DEFINITION OP TERMS IN TITLE XLI.— 
 terms in this title defined, 
 officer, 
 woman, 
 
 grievous bodily harm, 
 ■writing, 
 
 167 
 
 1 
 
 628 
 
 167 
 
 2 
 
 628 
 
 167 
 
 3 
 
 628 
 
 167 
 
 4 
 
 628 
 
 167 
 
 5 
 
 628 
 
^Mx. jy/ 
 
 
 
 705 
 
 Cap. 
 
 Sec. 
 
 Page. 
 
 167 
 
 6 
 
 628 
 
 107 
 
 7 
 
 628 
 
 167 
 
 8' 
 
 628 
 
 167 
 
 9 
 
 620 
 
 107 
 
 10 
 
 029 
 
 167 
 
 11 
 
 629 
 
 167 
 
 12 
 
 629 
 
 167 
 
 15 
 
 629 
 
 167 
 
 14 
 
 629 
 
 167 
 
 15 
 
 630 
 
 73 
 
 — 
 
 272 
 
 DEFINITION OF TERIMS IN TITLE XLI. (Coniinued.y 
 testamentary instruiljent, 
 moveable thing, 
 valuable security, 
 muniment of title, 
 cattle, 
 term cattle to mean living animals named, unless otherwise 
 
 provided, 
 night time and day time, 
 
 imprisoned and imprisonment to mean in provincial peniten- 
 tiary, 
 custody or possession under title 42— meaning and applicatiou 
 
 of terms, 
 terms defined in title to be understood' in defined sense, unless 
 otherwiue provided. 
 DIKES. See sewers, commissioners of. 
 DISABILITY— 
 
 certain officers disabled from being appointed to, or holding 
 seat, either in executive, legislative council, or house of 
 assembly, 
 penalty for. 
 See Appendix. 
 DISEASES. See board of health, S,rc. 
 DESERTERS. See army and navy, offences relating to. 
 
 DESECRATION OP LORD'S DAY. See religion, offences' 
 against. 
 
 DISORDERLY HOUSES, See public morals, <^c. 
 DISTILLERIES, regulation of— 
 
 governor in council may grant licences for distilling intoxica- 
 ting liquors — form of license, 20 1 68 
 annual charge for licences to be settled by governor in coun- 
 cil, 
 when licences to expire — not granted for less than a year, 
 one quarter of the duties to be paid down—bond to be given — 
 
 form, 
 licences granted after 1st July — how balance of duties to- be 
 
 2 
 
 2 
 
 5 
 
 2 
 
 2 
 
 5 
 
 — 
 
 — ■■ 
 
 675 
 
 54 
 
 — 
 
 200 
 
 156 
 
 — - 
 
 610 
 
 157 
 
 -^ 
 
 612 
 
 158 
 
 
 
 613 
 
 one month's notice in writing to be given of intention not to 
 renew licence — forfeiture for neglect, 
 
 liquors on hand at expiration of licences, to be taken posses- 
 sion of by board of revenue, and warehoused, 
 
 such liquors to be liable to duties as on importation, and may 
 be exported, 
 
 persona distilling without licences liable to penalty, 
 
 illicit distilleries to be taken possession of — suspected places to 
 be searched, 
 
 distillers to make monthly returns— penalty, 
 
 20 
 
 2 
 
 68 
 
 20 
 
 3 
 
 60 
 
 20 
 
 4 
 
 69 
 
 20 
 
 5 
 
 69 
 
 20 
 
 6 
 
 69 
 
 20 
 
 7 
 
 69 
 
 20 
 
 7 
 
 69 
 
 20 
 
 8 
 
 69 
 
 20 
 
 9 
 
 69 
 
 20 
 
 10 
 
 69 
 
706 
 
 INDE^. 
 
 DISTILLERIES, {Continued.) 
 
 stills not to be enlarged without consent of board of revenue, 
 
 under penalty, 
 board of revenue to make regulations to carry out chap. 20, 
 
 and to prevent frauds, <&o. 
 licences increased 30 per cent, after 24th March, 1858 
 continuance of this chapter, 
 forms, 
 
 DISTRESS FOR RENT. See rent. 
 
 DISTRICT, meaning of. See election. 
 
 DESTRUCTION OF NOXIOUS ANIMALS. See mimah. 
 
 DESTROYING BUOYS AND BEACONS. See pilotaffe. 
 
 DESTROYING TREES, &c. See malicious injury to properti/. 
 
 DETAINER. See forcible entry. 
 
 DEVISES See wills. 
 
 DOCUMENTS, cost of proving. See evidence. 
 
 DOGS GOING AT LARGE, See sessions, 
 
 DOWER, writ of— 
 
 widow entitled to sue for dower within one month after 
 demand, if not assigned, 
 
 writ to be in form prescribed by this chapter, 
 
 damages may be assigned for withholding dower, 
 
 form of writ of seizin, 
 
 mode of setting forth dower, 
 
 when property not divisible by metes and bounds, widow may 
 be endowed in a special manner by one-third of rents or 
 otherwise, 
 
 widow not to commit or suffer waste, but keep premises in 
 repair. 
 
 DRAWBACKS. See goods, importation and drawbacks. 
 
 DRUNKENNESS. See public morals, offences against. 
 
 DURATION OF GENERAL ASSEMBLY. See assembly. 
 
 DUTIES, customs — Pakt the First. 
 
 operation of cap 12, 
 
 goods brought into province by sea or land — duties thereon, 
 animals for improving breeds, exempted from, 
 goods in table of exemptions, free of duty, 
 standard for collecting duties, 
 collection and application of duties, 
 when and how received, 
 
 how paid in — to what account — how applied— and how drawn, 
 articles of other provinces exempted from, by proclamation of 
 
 governor, 
 articles exempted from duty in case of reciprocity with United 
 
 States, 
 
 Cap. 
 
 Sec. Page 
 
 20 
 
 138 
 
 11 
 
 69 
 
 20 
 
 12 
 
 69 
 
 20 
 
 13 
 
 69 
 
 29 
 
 14 
 
 70 
 
 20 
 
 — 
 
 70 
 
 145 
 
 — 
 
 578 
 
 5 
 
 — 
 
 7 
 
 93 
 
 1 
 
 354 
 
 78 
 
 — 
 
 295 
 
 166 
 
 — 
 
 625 
 
 140 
 
 — 
 
 569 
 
 114 
 
 — 
 
 386 
 
 135 
 
 — 
 
 538 
 
 107 
 
 — 
 
 378 
 
 138 
 
 1 
 
 561 
 
 138 
 
 2 
 
 561 
 
 138 
 
 3 
 
 561 
 
 138 
 
 4 
 
 662 
 
 188 
 
 5 
 
 562 
 
 502 
 
 138 
 
 7 
 
 562 
 
 18 
 
 — 
 
 61 
 
 158 
 
 — 
 
 613 
 
 4 
 
 — 
 
 7 
 
 12 
 
 1 
 
 33 
 
 12 
 
 2 
 
 33 
 
 12 
 
 3 
 
 38 
 
 12 
 
 4 
 
 34 
 
 12 
 
 5 
 
 :^4 
 
 12 
 
 6 
 
 34 
 
 12 
 
 7 
 
 34 
 
 12 
 
 8 
 
 34 
 
 12 
 
 9 
 
 34 
 
 12 
 
 10 
 
 34 
 
12 
 
 11 
 
 35 
 
 12 
 
 12 
 
 35 
 
 12 
 
 — 
 
 35 
 
 12 
 
 — 
 
 3a 
 
 12 
 
 1 
 
 40 
 
 12 
 
 2 
 
 40 
 
 12 
 
 3 
 
 40 
 
 12 
 
 
 40-1 
 
 INDEX. 70!jr 
 
 DUTIES, (Cominued.) ''^"- ^'"'- '"'=■ 
 
 other foreign nations, may by treaty, be put on same footing 
 ■with United States, 
 
 Canada flour thro' United States or British provinces, admit- 
 ted as if imported direct, 
 
 table of duties, 
 
 table of exemptions. 
 
 Part the Second. 
 
 produce of United States admitted free, so long as treaty in 
 force, 
 
 governor in council by any orders to give extended effect to 
 treaty with United States, 
 
 first eighteen sections of 94th cap. " of coast and deep sea fish- 
 eries" suspended, as regards the United States, 
 
 schedule of articles exempted under treaty. 
 
 DWELLINGS. See habitation. 163 — 619 
 
 EDUCATION. See public instruction. 60 — 209 
 
 EJECTMENT. See sale of lands under foreclosure of mortgage, 
 supreme court. 
 
 ELECTIONS— 
 
 qualification of electors at, 
 
 paupers and Indians not to vote on residence qualification, 
 
 titles of electors at — to be registered six months previously to 
 teste of writ, 
 
 qualification of candidates at — on titles 
 
 fraudulent conveyances to vote at — absolute against grantees, 
 
 penalty for making or voting under, 
 
 penalty for making or voting under a fraudulent deed, grantor 
 having no title to subject-matter, 
 
 prosecutions under sections 5 and 6, when to be commenced, 
 
 judgment for any penalty under cap. 5, how levied — impri- 
 sonment for, 
 
 persons voting at, on residence, to be sworn — form of oath, &c. , 
 
 unnecessary questions prohibited, 
 
 duty of sheriff when qualification deficient, 
 
 mode of proceeding when unqualified person persists in voting, 
 
 residence not lost in certain cases, 
 
 a residence of three months in county necessary to give right 
 to vote, 
 
 oath number five to be taken by voters, 
 
 a non-resident voting, penalty for, 
 mode, and by whom recovered, 
 schedule of oaths at, 
 
 BRIBERY AND TREATING AT. 
 
 entertainment furnished for — ^not recoverable, 
 penalty for furnishing liquors at, 
 penalty for asking or receiving bribes, 
 46 
 
 117 
 
 — 
 
 394 
 
 134 
 
 '^. — 
 
 487 
 
 5 
 
 1-2 
 
 7 
 
 5 
 
 2 
 
 S 
 
 5 
 
 3 
 
 8 
 
 5 
 
 4 
 
 8 
 
 5 
 
 5 
 
 8 
 
 5 
 
 5 
 
 8 
 
 5 
 
 6 
 
 8 
 
 5 
 
 7 
 
 8 
 
 5 
 
 8 
 
 9 
 
 5 
 
 9 
 
 9 
 
 5 
 
 9 
 
 9 
 
 5 
 
 10 
 
 9 
 
 5 
 
 11 
 
 10 
 
 5 
 
 12 
 
 10 
 
 5 
 
 13 
 
 10 
 
 5 
 
 14 
 
 10 
 
 5 
 
 15 
 
 10 
 
 5 
 
 15 
 
 11 
 
 5 
 
 — 
 
 11-12 
 
 6 
 
 1 
 
 12 
 
 6 
 
 2 
 
 12 
 
 6, 
 
 3. 
 
 la 
 
Cap. Seg. Page. 
 
 708 INDEX. 
 
 ia.ECTIONS, (Voniinued.) 
 penalty for offering bribea, 
 penalty how recovered, 
 limitation of actions under cap. 6, 
 
 BANNER or CONDUCTING. 
 
 eleetoral districts and polling places to remain as established. 
 (N. B.— Altered by acts of 1859), 
 
 electors near Windsor and Falmouth, where to vote, 
 
 writs for — how transmitted — their contents, 
 
 sheriff's duty on receiving the writ, 
 
 " county and township to be conducted together, 
 
 sheriff's duty on opening his court at, 
 
 sheriff's duty at his court at, 
 
 mode of proceeding at, if candidate's gualiflcation disputed, 
 
 candidate at, ineligible if qualification not verified, 
 
 unless candidate's name entered on pcdl book, no votes to be 
 taken for him, 
 
 hours of opening and closing poll at, 
 
 booths to be erected by sheriff at, 
 
 sheriff to appoint presiding officer and poll clerks at, 
 
 sheriff may act as presiding officer, 
 
 duty of presiding officer — his oath and that of poll clerk, 
 
 appointment of presiding officer, agent and clerk of candidate, 
 — oath, 
 
 electors at, how and where to vote, 
 
 non-resident township electors at, where to vote, 
 
 lines in dispute, reputed residence to be the,guidej 
 
 presiding officers, &c. at, may vote where acting, 
 
 voter's property to be described — manner of objecting, 
 
 presiding officers at — shaU administer oaths taken by electors, 
 
 elector at,'refusing oath, vote to be expunged, ] 
 
 manner of voting at, 
 
 duty of presiding officer at close of poll at, 
 
 duty of clerk at close of poll at, 
 
 penalty for misconduct of presiding officer, 
 
 penalty for presiding officernot returning poll books, 
 
 penalty for poll clerk's misconduct, 
 
 penalty for voting in a wiong district at, 
 
 penalty for twice voting— or under false or other name, 
 
 sheriffs and presiding officers conservators of the peace, 
 
 poll clerk to act as presiding officer, in case of death or acci- 
 dent, 
 
 poll clerks place how supplied in case of accident, 
 
 sheriff's duty on re-assembling his court, 
 
 {)enalty for misconduct of sheriffs at, 
 
 scrutiny at, demanded— duty of sheriff, 
 
 sheriff's duty when poll books not returned, 
 
 proceedings against presiding officer for not returning precept 
 
 and poll books, 7 39 21 
 
 6 
 
 4 
 
 12 
 
 6 
 
 5 
 
 12 
 
 6 
 
 6 
 
 12 
 
 7 
 
 1 
 
 13 
 
 7 
 
 2 
 
 13 
 
 7 
 
 3 
 
 13 
 
 7 
 
 4 
 
 13 
 
 7 
 
 5 
 
 . 13 
 
 7 
 
 6 
 
 13 
 
 7 
 
 7 
 
 14 
 
 7 
 
 8 
 
 14 
 
 7 
 
 9 
 
 15 
 
 7 
 
 10 
 
 15 
 
 7 
 
 11 
 
 15 
 
 7 
 
 12 
 
 15 
 
 7 
 
 13 
 
 16 
 
 7 
 
 14 
 
 16 
 
 7 
 
 15 
 
 16 
 
 7 
 
 16 
 
 16 
 
 7 
 
 17 
 
 17 
 
 7 
 
 18 
 
 17 
 
 7 
 
 19 
 
 17 
 
 7 
 
 20 
 
 17 
 
 7 
 
 21 
 
 17 
 
 7 
 
 22 
 
 17 
 
 7 
 
 23 
 
 18 
 
 7 
 
 24 
 
 18 
 
 7 
 
 25 
 
 18 
 
 7 
 
 26 
 
 18 
 
 7 
 
 27 
 
 18 
 
 7 
 
 28 
 
 18 
 
 7 
 
 29 
 
 19 
 
 7 
 
 30 
 
 19 
 
 7 
 
 31 
 
 19 
 
 7 
 
 32 
 
 19 
 
 7 
 
 33 
 
 19 
 
 7 
 
 34 
 
 20 
 
 7 
 
 35 
 
 20 
 
 7 
 
 36 
 
 20 
 
 7 
 
 37 
 
 21 
 
 7 
 
 38 
 
 21 
 
INDEX. 
 
 ELECTIONS, (Continued.) 
 
 candidates remedy where aggrieved at, 
 
 judgments for penalties under cap. 7 how enforced, 
 
 penalties under cap. 7 how recovered, 
 
 sheriffs fees and charges at, 
 
 meaning of terms in cap. 7, 
 
 schedule of oaths at, 
 
 controverted. See controverted elections. 
 
 scrutinies at. See scrutinies. 
 ESCAPE. See administration of justice, offences against. 
 ESCHEAT, COURT OF— 
 
 notice of inquest of office, how published and given, 
 
 inquisition to be returned to surveyor general, and traversable 
 in supreme court, on removal by judges order, 
 
 tenant neglecting to notify landlord, shall forfeit £100, 
 
 escheated lands, not to be granted, except to original owner, 
 within a year. 
 
 ESTATES' TAIL— 
 
 estates' tail abolished, and hereafter to be adjudged, fee 
 simple. 
 
 ESTATES OF DECEASED PERSONS. See probate court—descent 
 of property, and wills. pp. 428, 391, 386 
 
 EQUmr, PROCEEDINGS IN— 
 
 chancery jurisdiction transferred to supreme court, 
 
 practice of supreme court, to be observed except when altered 
 or modified by this chapter, 
 
 court of chancery abolished, and business transferred to the 
 supreme court, 
 
 mode of proceedings in. suits heretofore cognizable in chan- 
 cery, 
 
 mode of pleading therein, 
 
 either party may demur — how heard, 
 
 judge to settle issue, when facts complicated or obscure, 
 
 trials of issues in fact, and new trials to be governed by same 
 rules as in supreme court, 
 
 judgment to be given according to very right of cause and 
 matter in law, upon principles of court of equity, 
 
 judge may order disputed facts to be tried by a jury, and to di- 
 rect inquiries by a master as to matters of account — re- 
 port of master to be submitted to a judge, and may be 
 heard, modified, or set aside, after hearing parties — no 
 written exceptions to be filed, 
 
 rules for practice of court to be made by judges — to be pub- 
 lished in royal gazette, 
 
 MORTGAGES. 
 
 suits for redemption and foreclosure, to be brought on same 
 principle as in court of chancery, 
 
 Cap. 
 
 Sec. 
 
 Pace. 
 
 7 
 
 40 
 
 21 
 
 7 
 
 41 
 
 21 
 
 7 
 
 42 
 
 22 
 
 7 
 
 43 
 
 22 
 
 7 
 
 44 
 
 22 
 
 7 
 
 — 
 
 23 
 
 9 
 
 — 
 
 26 
 
 8 
 
 — 
 
 24 
 
 161 
 
 
 
 616 
 
 129 
 
 129 
 129 
 
 129 
 
 112 
 
 127 
 
 127 
 
 127 
 
 427 
 
 428 
 428 
 
 428 
 
 381 
 
 127 
 
 1 
 
 413 
 
 127 
 
 2 
 
 413 
 
 127 
 
 3 
 
 413 
 
 127 
 
 4 
 
 413 
 
 127 
 
 5 
 
 413 
 
 127 
 
 6 
 
 414 
 
 127 
 
 7 
 
 414 
 
 127 
 
 8 
 
 414 
 
 127 
 
 9 
 
 414 
 
 10 414 
 
 11 414 
 
 12. 414 
 
710 INDEX. 
 
 Cap. Sec. Page. 
 
 127 
 
 19 
 
 415 
 
 127 
 
 20 
 
 415 
 
 127 
 
 21 
 
 416 
 
 EQUITY, PROCEEDING IN, (Continued.) 
 
 SPECIFIC PERFORMANCE. 
 
 suits for specific performances, may be brougkt, and court 
 may determine according to justice of ease, and principles 
 of court of equity, 127 13 414 
 
 a master to execute deeds, where party refuses to execute same, 127 14 414 
 in actions for return of chattels, court may order execution 
 for return of chattels — if chattels cannot be found and not 
 otherwise ordered by court, execution may issue to levy on 
 defendant's lands and chattels, &c. — plaintiff may levy for 
 damages, costs, and interest, 127 15 415 
 
 WRITS OF MANDAMUS. 
 
 mandamus may issue in certain cases, either with or separately 
 
 with summons, in any action for fulfilment of any duty, 127 16 415 
 
 what writ shall set forth, 127 17 415 
 
 pleadings and costs in mandamus, same as in other action for 
 
 recovery of damages, 127 18 415 
 
 if judgment given that mandamus issue peremptory, manda- 
 mus may issue, 
 
 form of execution — to whom directed, &c. 
 
 force and effect of mandamus, 
 
 act may be ordered to be done by plaintiff, or some other ap- 
 pointed by court at expense of defendant, 127 22 416 
 
 amount of such expense to be ascertained by writ of enquiry 
 
 or a master— same to be enforced by execution, 127 22 416 
 
 jurisdiction of court to issue mandamus as heretofore prescri- 
 bed — nor shall writ of mandamus issued as heretofore be 
 affected by action for mandamus under chapter 127, 127 23 416 
 
 application by motion for vrrit of mandamus in supreme court 
 — rule absolute if court thinks fit — writ to bear date on 
 day of issuing — returnable whether in term or vacation — 
 time allowed to return it by the court or a judge, with or > 
 without terms, 127 24 416 
 
 WRITS OS INJUNCTION. 
 
 writs of injunction may issue as in writs of mandamus, under 
 
 chapter 127, 127 25 416 
 
 writs of summons in actions for injunction, to be in same 
 form as summons in personal actions — notice to be en- 
 dorsed thereon, 127 26 418 
 
 proceedings in injunction, to be same as in action for manda- 
 mus — obedience to injunction may be enforced by attach- 
 ment, 127 27 416 
 
 •writs of injunction — when and how issued — how enforced, 127 28 417 
 
 defendant may plead any defence, which would entitle him to 
 
 have perpetual injunction, 127 29 417 
 
 ia actions in which right involved, injunction may be granted 
 by summary order in nature of injunction to restrain 
 such right — mode of obtaining same and proceedings 
 therein, 127 30 417 
 
INDEX. 711 
 
 Cap, Sec. Page. 
 EQUrrY, PROCEEDINGS IN, (Continued.) 
 
 EQUITABLE DEFENCES. 
 
 in actions where equity would afford relief to defendant, he 
 
 may plead such equitable grounds, 127 31 418 
 
 facts or equitable grounds may be replied, 127 32 418 
 
 particulars of demand and set off, may be obtained as in other 
 
 cases, 127 33 418 
 
 in ejectment — defendant may set up defence on equitable 
 grounds, which would be available in chancery — tender 
 payment, set off may be pleaded in such actions — particu- 
 lars of demand and set off may be obtained as in other 
 cases — mortgage may be redeemed on payment of debt and 
 costs and lessor compelled to reconvey, 127 34 418 
 
 distribution of proceeds may be ordered by court, 127 35 418 
 
 if conveyance not made by plaintiff or defendant, sheriff may 
 
 make same by order of court or judge, 127 36 419 
 
 in proceedings under three last sections, writ of possession not 
 
 to issue without leave of court or judge, 127 37 419 
 
 defendant availing himself of equitable defence under sec. 34, 
 
 not to apply for relief in equity without leave of court, 127 38 419 
 
 REAL ESTATE OF INFANTS. 
 
 court or judge on application of infant by next friend, may 
 order sale or disposal of real estate in such manner as may 
 seem best — necessity for such sale or disposal to be summa- 
 rily enquired into on affidavit — bond to be given by next 
 friend, &c., 127 39 419 
 
 conveyances made in pursuance of the above section to be valid 
 — party making sale to file report in prothonotary's office 
 in county where land lie, 127 40 419 
 
 court or judge may direct mode of investment, &c. of proceeds 
 of sale for infant's benefit — principal not disposed of, if net 
 income £100, 127 41 420 
 
 infant to have no greater interest in proceeds than he had in 
 
 estate sold, * 127 42 420 
 
 registered conveyance as above, to be presumptive evidence of 
 
 regularity of proceedings. 127 43 420 
 
 PERPETUATING TESTIMONY. 
 
 persons desirous of perpetuating testimony may issue sum- 
 mons containing particulars, &c., which shall be served 
 on parties interested — notice of examination of witnesses 
 must be served ten days previously, 127 44 420 
 
 witnesses shall be examined before commissioner de bene esse, 
 
 or before a special commissioner, 127 45 420 
 
 examination shall be subscribed by witness and certified by 
 
 commissioner, 127 46 420 
 
 ■deposition so certified, with copy of notice, &c., shall be filed 
 in prothonotary's office in county, within ten days there- 
 after, 127 47 421 
 
712 
 
 INDEX. 
 
 Cap; Seo. Page. 
 
 EQUITY, PROCEEDINGS IN, (Continued.) 
 
 deposition may be issued in any suit pending or to be com- 
 menced between parties interested or notified to attend 
 examination, 127 48 421 
 
 attendance of witnesses may be enforced by subpoena, 127 49 421 
 
 costs in first instance to be paid by party seeking perpetuation, 
 and if subsequently used shall be in discretion of court or 
 jury, ■ 127 50 421 
 
 ASSIGNMENT OP CHOSES IN ACTION. 
 
 assignee of chose in action founded on money contract, and his 
 executor or administrator entitled to sue in hja own name 
 in as full manner as person originally entitled —defendant 
 may plead assignment to action brought by assignor — not 
 to affect collateral securities, or covenants running with 
 land, 127 51 421 
 
 right assignor tO' release or sue, after assignment shall 
 wholly cease, if more than one assignment, the first to ope- 
 rate unless second bona fide with possession of instrument . 
 and without knowledge of first, 127 52 422 
 
 fourteen days' notice of assignment must be given to defendant 
 
 before action brought, 127 53 422 
 
 in case of release by or payment to assignor without notice, 
 party liable may set up release or payment as defence to 
 action by assignee, 127 54 422 
 
 defence available against assignor, available also against 
 
 127 55 422 
 
 PRACTICE. 
 
 hearing may be had on writ and plea, after notice to defendant 
 
 that plaintiff does not intend to produce evidence, 127 56 423 
 
 issues to be tried by jury, to be determined by court or judge, 127 57 423 
 
 interlocutory proceedings shall be decided bv court or judge 
 at chambers, where proceedings must be by summons and 
 order, ^ 127 58 423. 
 
 appeal granted against judge's order on security ; but not to 
 
 stay proceedings under order, 127 59 423 
 
 obedience to judgment, &o., enforced by attachment or exe- 
 cution, 127 60 423 
 
 defendants residing out of province may be summoned as if 
 resident, subject to conditions as to time. &c., to be fixed 
 by court or judge, 127 61 423 
 
 in foreclosures absent defendants may be summoned by gazette 
 
 notice, • 127 62 423 
 
 court to have discretion aa to costs, now exercised by chancery 
 
 court, 127 63 424 
 
 hearings and arguments to be governed by rules prevailing in 
 
 supreme court, 127 64 424 
 
 m default of appearance, &c., or admission by defendant of 
 material facts, court or judge empowered to make order 
 as-to relief, &e., 127 65 424 
 
127 
 
 68 
 
 425 
 
 127 
 
 69 
 
 425 
 
 127 
 
 70 
 
 425 
 
 127 
 
 71 
 
 425 
 
 127 
 
 72 
 
 425 
 
 127 
 
 73 
 
 425 
 
 127 
 
 ■74 
 
 425 
 
 127 
 
 75 
 
 425 
 
 127 
 
 76 
 
 425 
 
 127 
 
 — 
 
 426 
 
 INDEX. 713 
 
 f^ip Sbo Pace 
 EQUITY, PROCEEDINGS IN, {Continued.) 
 
 legal and equitable causes of action may be united in same 
 
 writ if accruing in same right, and triable at same place, 127 66 424 
 rules regulating parties to suits defined — as to defendant 
 
 objecting, 127 67 424 
 
 court or judge may dismiss suit if not prosecuted by plaintiff 
 
 within reasonable time, 
 receiver may be appointed, when necessary, by order, 
 hearings may take place in vacation before three judges, 
 costs shall be taxed by judge, 
 
 former fees abolished — fees to be taxed according to schedule, 
 taking greater fees punished by forfeiture of ten pounds and 
 
 excess, 
 action under preceding section to be brought in six months, 
 office of master of rolls abolished, 
 
 chapter to come into operation on t'.e let August, 1855, 
 table of fees. 
 EXECUTIVE AND LEGISLATIVE DISABILITIES. 
 
 See disahility. 2 — 5 
 
 EXECUTOR'S, ADMINISTRATORS, AND TRUSTEES, SUITS 
 AGAINST— 
 executors or administrators within one year after death of a 
 
 party may maintain trespasss, or trespass on the case for 
 
 injury to real estate of deceased committed within six 
 
 months previous to his decease, 143 1 575 
 
 executors and administrators liable to action of trespass within 
 
 six months after death of party, 143 2 575 
 
 executors and administrators liable to action of debt on simple 
 
 contract, 
 legacies may be recovered by action at law, 
 residuary legatee being an executor may sue co-executora, 
 executors Tefusing to act and to whom probate not granted, 
 
 need not be named in any suit, 143 6 575 
 
 executors and trustees, unless otherwise directed by the will, 
 
 authorized to make investments in provincial debentures 
 
 or savings' bank, 
 trustees may be discharged from trusts, and the mode, 
 trustees may be removed, and the mode, 
 how new trustees to be appointed, 
 costs how to be paid. 
 
 EXHIBITIONS, PUBLIC— 
 
 licenses may be granted by clerk of licenses with consent of 
 
 two justices, upon payment 9f discretionary sum in 
 
 advance, 
 where clerk of license absent, or resident five miles off, two 
 
 justices may grant license and make return to clerk 
 
 of peace, 
 fee of two shillings and sixpence payable to clerk of license 
 
 on granting same, 
 
 143 
 
 3 
 
 575 
 
 143 
 
 4 
 
 575 
 
 143 
 
 5 
 
 575 
 
 143 
 
 7 
 
 576 
 
 143 
 
 8 
 
 576 
 
 143 
 
 9 
 
 576 
 
 143 
 
 10 
 
 576 
 
 148 
 
 11 
 
 576 
 
 1G5 1 376 
 
 105 2 376 
 105 3 376 
 
714 
 
 INDEX. 
 
 Cap. Sec. Faqb 
 
 EXHIBITIONS, PUBLIC, (Continued.) 
 
 persons holding public exhibition without license, shall forfeit 
 five pounds per day; to be summarily recovered before two 
 justices and paid by them to clerk of licenses within thirty 
 days after receipt, 105 4 376 
 
 all monies received hereunder shall be paid over to county 
 treasurer by clerk of license ten days before meeting, of 
 sessions, 105 5 376 
 
 chapter not to extend to city of Halifax. 105 6 376 
 
 EVIDENCE, WITNESSES, AND THE PROOF OP WRITTEN 
 DOCUMENTS— 
 
 commissions for taking examinations of witnesses abroad, to 
 
 be issued on application by affidavit to court or judge, 135 1 53& 
 
 depositions of witnesses, aged, infirm, or about to leave the 
 province, may be taken before judge or commissioner — 
 attendance of unwilling witnesses how to be enforced, 135 2 538- 
 
 where witnesses reside out of county where cause is pending, 
 judge may order deposition to be taken by interrogatories 
 or otherwise, 135 3 538 
 
 twenty four hours notice to be given of examination where op- 
 posite party resides in same county, otherwise, at least 
 eight days notice, 135 4 539 
 
 witness refusing to obey order for his examination after notice 
 
 and tender of fees, deemed guilty of contempt, 135 5 539 
 
 witness not compellable to produce writings not liable to pro- 
 duction on trial, 135 6 SSO' 
 
 deposition not to be read in evidence, without proof of death 
 absence, or infirmity of witness — deposition duly certified 
 to be received, subject to just exceptions, 135 7 539 
 
 written or printed documents in continued causes, may be ex- 
 hibited by either jJarty for admission on trial — cost of pro- 
 ving same to fall upon party refusing, in certain cases, 135 8 539 
 
 cost of proving such documents to be disallowed when party 
 neglects to exhibit within reasonable time, escept on 
 cause shewn, 135 9 539 
 
 what costs to be allowed relating to documents, 135 10 539 
 
 in case of documents exhibited and not admitted, party pro- 
 ving, to pay costs, if they were not req,uired on trial, 135 11 540 
 
 when judge shall think there were good grounds for declining 
 to admit documents,, party declining not liable absolutely, 
 but costs shall be costs in cause, 135 12 540 
 
 witness not incompetent on account of crime or interest, 135 13 540 
 
 parties to suits, &c., competent witnesses except as hereafter 
 
 excepted, 135 14 540 
 
 in criminal proceedings the party charged not a competent 
 
 witness — husband or wife not competent witnesses for or 
 
 against each other on such proceedings, 
 
 communications between husband and wife privileged, 
 
 the last three sections not applicable to cases of adultery, 
 
 135 
 
 15 
 
 540 
 
 135 
 
 16 
 
 540 
 
 135^ 
 
 17 
 
 541 
 
INDEX. 715 
 
 Cap. Sec. Page, 
 EVIDENCE, &c. (Continued.) 
 
 proclamation, treaties, &c., of foreign state or British colony, 
 and British, foreign, or colonial judgments, decrees, &c., 
 in what cases admitted as evidence, and how proved, 135 18 541 
 
 documents, &c., admissable in evidence in the United King 
 dom, without proof of signature, seal, &c., shall be 
 admitted to the same extent ia this province, 135 19 541 
 
 copies of documents filed in court duly certified, shall he 
 
 received as evidence to same extent as originals, 135 20 542 
 
 affidavits to hold to bail, &c., in this province made in United 
 Kingdom, colony, or foreign state, may be acted upon as 
 if made in province, provided they have proper authenti- 
 floation, 135 21 542 
 
 registers, &c., of British ships may be proved by production of 
 original or of an examined and certified copy, which copy 
 person having original, is required to give — fee for copy, 135 22 542 
 
 officer, &c., giving false extract or copy, guilty of misde- 
 meanor, 135 23 543 
 
 all parties authorised to hear &c. evidence, may administer 
 
 oath to witnesses legally called before them, 135 -24 543 
 
 person forging or tendering in evidence forged documents men- 
 tioned in chapter, liable to imprisonment — such forged 
 document, if admitted, maybe impounded at request of 
 opposite party — offence where triable — accessories may 
 be indicted in county where principal may be tried, 135 25 543 
 
 copies of grants or of minutes of council relating to title of 
 
 lands, duly certified, reoeiveable as evidence, 135 26 543 
 
 certified copy of deed receivable as evidence in absence of origi- 
 nal, upon affidavit that original cannot be procured, 135 27 544 
 
 probate of will or certified copy receivable as evidence, hut 
 
 court may order original will to be produced, . 135 28 544 
 
 ten days' notice to opposite party must be given of intention 
 to take advantage of two preceding sections, with sche- 
 dule of deeds, &c.: — notice may be dispensed with by 
 judge, 135 29' 544 
 
 certified copy of duplicate original of grant, receivable as evi- 
 dence, 135 30 544 
 
 plan of township returned under section 31 of cap. 113, cer- 
 tified by prothonofary, presumptive evidence of origi- 
 nality, and receivable as evidence, 135 31 544 
 
 when witness resides more than five miles from place of trial, 
 
 a justice may issue summons requiring his attendance, 135 32 544 
 
 no witness compellable to attend or give evidence until reason- 
 able charges tendered to him, 135 33 544 
 
 testimony of judge of supreme court may be taken before a 
 judge or commissioner, as in case of witness about to leave 
 province — may be used on trial, although judge not out of 
 province, if necessarily absent from county, 135 34 544 
 
 47 
 
716 
 
 INDEX. 
 
 Cap. Sec. 
 
 ■EVIDENCE, &c. (Continued.) 
 
 witness refusing to be sworn from scruples, may be affirmed by 
 
 qualified person— form — to have same eflfect as oath, 135 35 544 
 
 person affirming falsely to incur same penalties as are enacted 
 
 for punishment of perjury, 135 35 545 
 
 party producing witness not to impeach his credit by general 
 eridence of bad character, but may contradict him by 
 other evidence, or proof of his contradictory statement, 
 ~-in last case, particulars to be stated to witness, 135 37 545 
 
 evidence of inconsistent statement to witness, when and how 
 
 to be proved, I35 33 545 
 
 "witness may be examined as to previous written statements 
 made by him without the same being shown to him — if 
 intended to contradict by such writing, the particular 
 parts must be mentioned to him — ^judge may order pro- 
 duction of writing, 135 39 545 
 if witness refuse to admit previous conviction for felony, &c., 
 
 opposite party may prove same — what sufficient proof, 135 40 546 
 attesting witness not necessary to prove instrument to validity 
 of which attestation is not requisite — same may be proved 
 as if no attesting witness, 135 41 546 
 
 comparison of hand writings may be made by witness ; such 
 
 writings to be submitted to court and jury, 135 42 546 
 
 in motions on affidavits, new matter may be answered by leave 
 
 of court or judge, 135 43 546 
 
 on hearing motion of summons, production of documents, and 
 viva voce examination of witnesses may be heard by court 
 or judge, 135 44 540 
 
 court or judge may order mode by which such witnesses shall 
 
 be examined, and documents produced, 135 45 546 
 
 mode of compelling a party refusing to make an affidavit 
 required in proceedings in a civil suit — judge may make 
 order for production of papers, writings, or other docu- 
 ments, and may impose terms, &c., 135 46 547 
 how order of judge to be proceeded on, 135 47 547 
 a court or judge on affidavit, may order that party against 
 vvhom application is made, shall answer by affidavit, 
 stating what documents he or they has or have in his or 
 their possession, relating to the matter in dispute, and 
 his objection to the production ; and in hearing the case 
 may make such order as the justice of the case requires, 135 48 547 
 interrogatories may, by order of court or judge, be delivered 
 with declaration or plea, and party not answering in ac- 
 cordance with order, to be guilty of a contempt, 
 application for order, how .made, 
 in case of insufficient answer, party may by order be examined 
 
 orally, 
 oral e^minat'ion, how taken. 
 
 135 
 
 49 
 
 547 
 
 135 
 
 50 
 
 548 
 
 135 
 
 51 
 
 548 
 
 135 
 
 52 
 
 548 
 
135 
 
 53 
 
 548 
 
 135 
 
 54 
 
 549 
 
 135 
 
 55 
 
 549 
 
 135 
 
 56 
 
 549 
 
 135 
 
 57 
 
 549 
 
 135 
 
 58 
 
 549 
 
 135 
 
 59 
 
 549' 
 
 135 
 
 60 
 
 549 
 
 135 
 
 61 
 
 550 
 
 INDEX. 717 
 
 „,„„„,,„„ . Cap. Seo. Page. 
 
 EVIDENCE, &c., (Continued.) 
 
 examination under sections 44, 45, 46, 47, 51, 52, to be retur- 
 ned to prothonotary of court, and office copies may be 
 given out, and may be used as depositions, de bene esse, 
 
 judge or commissioner may make a special report, 
 
 costs of order or report under sections 44, 45, 46, 47, 51, 52, 
 to be in discretion of judge, &o., 
 
 term commissioner explained , 
 
 examination of witnesses abroad by consent, 
 
 prothonotary may grant rules for commLssions, 
 
 examinations may be opened and copies given out, 
 
 no examination shall be set aside, unless by affidavit showing 
 grounds, &c., 
 
 application of sections 14, 15, 16, and 17, 
 
 certificates and copies of official papers duly certified, presump- 
 tive evidence on the trial of any suit in reference to reve- 
 nue laws. 15 23 47 
 FACTORS AND AGENTS— 
 
 agents in possession of goods or documents of title thereto, 
 shall be deemed owner as regards contracts for sale, or by 
 way of pledge for advances, altho' known only as agent, 80 1 306 
 
 agents contracts for pledge &c. of goods, or the documents of 
 title thereto in consideration of delivery of other goods or 
 documents of title, to be as valid as if consideration had 
 been advance of money, — lien acquired not to exceed 
 value of goods &c. at time of delivery, 80' 2. 300 
 
 contracts made in good faith and without notice of agents 
 acting in bad faith, alone to be valid and binding on 
 parties interested, 80 3 306' 
 
 sale, lien, or pledge for antecedent debt due by agent, not 
 
 valid, or authorize deviation from owners orders, 80 4 306 
 
 definition of documents of title, 80 4 306 
 
 agent deemed possessed of goods represented by document in 
 
 his possession, 80 5 307 
 
 pledge or lien on document deemed a pledge or lien on goods, 
 
 to which document relates, 80 6 307 
 
 agent deemed possessed of goods or document, whether the 
 
 same be in his custody or subject to his controul, 80 7 307 
 
 advance made to an agent on faith of contract to consign, &c., 
 and goods, &c. received under such advance without no- 
 tice, shall be deemed an advance on security of such goods, 
 although goods, &c. not received previously to advance, 80 8 307 
 
 contract whether made direct with such agent or other on his 
 
 behalf, shall be deemed to be made with agent, 80 8 307 
 
 payment whether by money or negotiable security, deemed an. 
 
 advance, 80 9 307 
 
 agent in possession of goods or documents of title, deemed en- ' 
 
 trusted by owner, unless evidence to the contrary, 80 10 307 
 
 agent pledging goods unauthorized or contrary to good faith,. 
 
 guilty ot misdemeanor, 80 11 307 
 
718 
 
 INDEX. 
 
 Cap. Sec. Page. 
 Factors, (Continued.) 
 
 punishment therefor, 80 11 307 
 
 accessories who — and how punished, 80 12 307 
 
 agent not liable for misdemeanor where goods pledged by him 
 
 for advances or acceptances previously made, 80 13 307 
 
 conviction of agent not evidence against him, &c., 80 14 308 
 
 ■agent not liable to conviction, if he had previously made dis- 
 closure on oath, under process of any court in an action 
 by party aggrieved, 80 15 308 
 
 provisions of cap. 80 or judgment under them, shall not affect 
 remedy at law or equity of party aggrieved. 
 False pretence. See fraudulent appropriations, 
 
 FARMS, GARDENS, AND ORCHARDS. See malicious injury 
 
 to property, 
 FEES. See costs and fees, 
 
 FENCES, FENCE VIEWERS, AND IMPOUNDING OF 
 
 CATTLE— 
 
 fences of enclosed lands how to be constructed 
 
 height of fences established, 
 
 damages by cattle — by and from whom recoverable, 
 
 damages to be ascertained by appraisment, 
 
 amount appraised may be recovered as debt after notice, 
 
 partition fences, how to be erected — in case of differeoce 
 nearest fence viewer to decide, 
 
 fence viewers remuneration — penalty for neglect, 
 
 owner of improved land, having made his proportion of fence 
 between adjoining proprietor, not required to keep fence 
 in other places, 
 
 justices of peace to determine sufficiency offences, 
 
 appeal allowed from decision of justices to sessions, 
 
 .titles to lands on which fences stand, not affected, 
 
 owner of unimproved land not compelled to fence, 
 
 •cattle trespassing on enclosed lands may be impounded, 
 
 duty of pound keeper in such cases, 
 
 ifees payable to pound keeper — surplus, if not claimed within 
 30 days, how disposed of, 
 
 fines for rescue and pound breach, how recovered, &o., 
 
 what water boundaries deemed lawful fence, 
 
 .parties aggrieved may. appeal to sessions, 
 
 .damages recoverable, if portion offence broken lawful, 
 
 owner liable for damage, if his cattle break through his por- 
 tion of division fence, ' 49 20 193 
 
 person destroying railing, stone wall, or fence, on side of 
 
 jpublic square, &c., liable to penalty. 49 21 193 
 
 FERRIES— 
 
 sessions .may establish ferries and regulate ferriage, 
 
 Lennox Passage and Gut of Canso, to have ferrymen each side, 
 
 good boats to be kept, and passengers readily attended to, 
 
 80 
 
 16 
 
 308 
 
 164 
 
 — 
 
 621 
 
 166 
 
 
 
 625 
 
 154 
 
 — 
 
 601 
 
 49 
 
 1 
 
 190 
 
 49 
 
 2 
 
 190 
 
 49 
 
 3 
 
 190 
 
 49 
 
 4 
 
 191 
 
 49 
 
 5 
 
 191 
 
 49 
 
 6 
 
 191 
 
 49 
 
 1 
 
 7 
 
 191 
 
 49 
 
 8 
 
 191 
 
 49 
 
 9 
 
 191 
 
 49 
 
 10 
 
 191 
 
 49 
 
 11 
 
 191 
 
 49 
 
 12 
 
 192 
 
 49 
 
 13 
 
 192 
 
 49 
 
 14 
 
 192 
 
 49 
 
 15 
 
 192 
 
 49 
 
 16 
 
 192 
 
 49 
 
 17 
 
 192 
 
 49 
 
 18 
 
 192 
 
 49 
 
 19 
 
 193 
 
 72 
 
 1 
 
 271 
 
 72 
 
 2 
 
 271 
 
 72 
 
 3 
 
 271 
 
AP. 
 
 Sec, 
 
 Pagb 
 
 72 
 
 4 
 
 27] 
 
 72 
 
 5 
 
 27: 
 
 75 
 
 1 
 
 28(] 
 
 75 
 
 2 
 
 28( 
 
 75 
 
 3 
 
 28C 
 
 75 
 
 4 
 
 28] 
 
 75 
 
 5 
 
 28] 
 
 75 
 
 6 
 
 281 
 
 75 
 
 7 
 
 28] 
 
 75 
 
 8 
 
 28] 
 
 INDEX. 719 
 
 PERRIES, {Continued) 
 
 neglect of duty punishable by fine, and action for damages, 
 interference with the rights of licensed ferryman how punish- 
 able. 
 
 FIELDS, COMMON— 
 
 lines of unfenced or common lands how run and kept up, 
 proprietors to meet annually and make regulations, 
 regulations to be recorded — entry sufficient evidence of same, 
 fine for non-compliance with regulations, 
 proprietor neglecting to obey regulations after notice, to pay 
 
 double the expense to fence viewer, 
 brands for cattle adopted by proprietor, to be recorded, 
 penalty for entry of similar brand or mark in book, 
 fine for branding animals with unrecorded brand or mark, 
 proprietors of lands adjoining common fields, to make division 
 
 fence good, if defective — forfeiture for neglect, 75 9 281 
 
 proprietor desiring to have his land separately fenced, to bear 
 
 w^hole expense unless two-thirds in interest assent, 75 10 281 
 
 annual committee of management, how appointed, 75 11 281 
 
 assessment for making or repairing roads across, how to be 
 
 made and apportioned, 75 12 281 
 
 Grand Prairie and Wickwire dykes exempt from section 12 — 
 
 powers of committee respecting such dykes, 75 13 282 
 
 collectors may be appointed by committee — their duties defined, 75 14 282 
 allowance to committee may be included in sum to be as- 
 sessed, 75 15 282 
 
 FINANCIAL SECRETARY— 
 
 to give bonds and hold office during pleasure, 36 3 158 
 
 to have clerk — bond by clerk — his salary — by whom to be 
 
 appointed — duration of his office, 
 to be a member of provincial administration, 
 duties of, 
 to examine and certify all accounts before warrant issue for 
 
 payment, 
 to examine and check receiver general's accounts, 
 management of his office under direction of governor in council, 
 his salary ; see salaries. 
 
 FIRES AND FIREWARDS— 
 
 places to which provisions of this chapter shall extend, 
 limits of towns and places for purposes of this chapter defined, 
 provisione of chapter how carried out in city of Halifax, 
 firewards how appointed — to be sworn and have a badge of 
 
 office, 
 duty of firewards on breaking out of fire — their powers, 
 buildings may be pulled down in certain cases — order therefor 
 
 — contribution — damages and mode of recovery, 
 word " sessions " to mean general or special, 
 fire-proof buildings, &c., how taxed, 
 
 36 
 
 4 
 
 158 
 
 36 
 
 5 
 
 158 
 
 36 
 
 8 
 
 158 
 
 36 
 
 9 
 
 159 
 
 36 
 
 10 
 
 159 
 
 36 
 
 11 
 
 159 
 
 99 
 
 1 
 
 365 
 
 99 
 
 2 
 
 365 
 
 99 
 
 3 
 
 365 
 
 99 
 
 4 
 
 365 
 
 99 
 
 5 
 
 365 
 
 99 
 
 6 
 
 366 
 
 99 
 
 7 
 
 307 
 
 99 
 
 8 
 
 367 
 
720 INDEX. 
 
 Cap. Sec. Page 
 
 99 
 
 11 
 
 367 
 
 99 
 
 12 
 
 367 
 
 99 
 
 13 
 
 368 
 
 99 
 
 14 
 
 368 
 
 99 
 
 15 
 
 368 
 
 99 
 
 J6 
 
 368 
 
 99 
 
 17 
 
 368 
 
 99 
 
 18 
 
 368 
 
 99 
 
 19 
 
 368 
 
 99 
 
 20 
 
 368 
 
 99 
 
 21 
 
 368 
 
 99 
 
 22 
 
 369 
 
 99 
 
 23 
 
 369 
 
 99 
 
 24 
 
 369 
 
 99 
 
 25 
 
 369 
 
 riRE AND FIREWARDS, (Continued.) 
 
 fine for breaking open buildings without proper authority, 99 9 367 
 
 duty of firewards as regards implements — sessions to order 
 
 such as may be necessary, 99 10 367 
 
 districts and implements to be numbered — provisions for safety 
 
 of implements, 
 appointment of firemen — their duty, 
 a fireman to have powers of fireward, 
 fire constables how appointed — their duty and powers, 
 general sessions may assess for fire engines, 
 mode of assessment of fire engines, 
 assessment to be enforced as county assessment, 
 collectors to pay over monies collected to county treasurer, 
 forfeiture for neglect by collectors, 
 enginemen how appointed — their duties, 
 one of tlie enginemen to have the power of a fireward, 
 firemen and enginemen exempt from certain public duties after 
 
 sixteen year's service and certificate, 
 vacancies how supplied, 
 chimney sweepers how appointed and licensed — penalty for 
 
 acting as such without license, 
 chimney sweepers to give bond — penalty, &c., 
 firewards to make regulations for sweeping chimneys — fines for 
 
 neglecting regulations against occupiers, 99 26 369 
 
 fireward's power to enter buildings to inspect chimneys, stoves, 
 
 stove pipes, &c., 99 27 369 
 
 powers of firewards to remove combustible materials, &c., 99 28 370 
 
 provisions respecting gunpowder — penalty and mode of 
 
 enforcing, 99 29 370 
 
 warrants to issue— places broken open, if necessary, to search 
 
 for dangerons quantities of gunpowder, 99 30 370 
 
 sessions empowered to make regulations and orders relative to 
 
 fires, 99 31 870 
 
 wilful destruction or injury to pumps, wells, engines, or fire 
 
 implements, punishable by fine or imprisonment in default 
 
 of payment, 99 32 371 
 
 chairman to be appointed annually by firewards, who shall act 
 
 as treasurer and account annually, 99 33 371 
 
 penalties to be applied in purchase and repair of implements — 
 
 sessions may direct procuring new engines, &c. — expense 
 
 to be assessed in same manner as poor rates, and paid to 
 
 county treasurer, 99 34 372 
 
 origin of fires may be investigated, where cause not known, by 
 
 municipal authorities or justices — proceedings filed in 
 
 prothonotary's office, 99 35 371 
 
 " firewards " shall include one or more, if not otherwise 
 
 expressed. 99 36 371 
 
100 
 
 3 
 
 372 
 
 85 
 
 — 
 
 312 
 
 85 
 
 
 
 312 
 
 INDEX. 721 
 
 FIRE ARMS AND FIRE WORKS- ^^"^ ®'"'- ^'"'''• 
 
 unnecessary discharge of fire arms within certain limits 
 punishable by fine, or imprisonment for twenty four 
 hours in default of payment, 100 1 372 
 
 ■wanton throwing of fire works into streets or buildings, or 
 making bonfires within 100 yards of buildings, punish- 
 able by fine and imprisonment in default of payment, 100 2 372 
 prosecution must be commenced within eight days from 
 offence. 
 
 FISH OIL. See inspection of provisions. 
 
 FISH, PICKLED. See inspection of provisions. 
 
 FISHERIES, COAST AND DEEP SEA— 
 
 revenue officers, sherifis, magistrates, &c. may board vessel or 
 boat in harbor, or hovering within three miles of shore, 
 and may remain on board while within suoh distance, 94 1 354 
 
 proceedings to be taken when master bound elsewhere, refuse 
 
 to depart after notice, 94 2 354 
 
 foreign vessel or boat not navigated according to laws of Great 
 Britain and Ireland, found fishing or preparing to fish or 
 to have fished three marine miles of such coast or harbor, 
 shall be forfeited with cargo, 94 3 355 
 
 vessels and boats liable to forfeiture may be seized by com- 
 missioned officers, &c. — opposing officer or aiding opposi- 
 tion, to forfeit £200, 94 4 355 
 
 officers of colonial revenue to have custody of vessel and goods 
 seized, &o. — to be secured, &c. as other vessels by officers 
 next to place of seizure, 94 5 355 
 
 condemned vessels how disposed of, and the proceeds how 
 
 applied, 94 6 355 
 
 penalties and forfeitures, how and when prosecuted, 94 7 355 
 
 judge of vice admiralty, with consent of parties seizing, may 
 
 order re-delivery of goods, vessel, or boat, on security, 94 8 355 
 
 suits how brought, and in whose name — if dispute as to person 
 being authorized to seize, oral evidence may be heard 
 therein, 
 
 onus probandi of illegality of seizure on, owner or claimant, 
 
 claim to be on oath, with name of owner, residence, occupa- 
 tion, and description of property, 
 
 security to be given before claim entered, 
 
 one month's notice to be given to officer before action brought- 
 amount, &c. 
 
 action to be brought within three months, &c. 
 
 certificate of probable cause — clainmant not to receive costs, &c. 
 
 amends may be offered and pleaded, 
 
 limitation of actions for penalties, 
 
 no appeal unless inhibition applied for within twelve months, 
 coasting vessels under 60 tons burthen to have a narrow piece 
 of plank or iron affixed to bottoms of keel, &c., — excep- 
 tion, 94 19 S57 
 
 94 
 
 9 
 
 355 
 
 94 
 
 10 
 
 356 
 
 94 
 
 11 
 
 356 
 
 94 
 
 12 
 
 356 
 
 94 
 
 13 
 
 556 
 
 94 
 
 14 
 
 356 
 
 94 
 
 15 
 
 356 
 
 94 
 
 16 
 
 356 
 
 94 
 
 17 
 
 356 
 
 94 
 
 18 
 
 356 
 
722 
 
 INDEX. 
 
 Cap. Sbc. Page. 
 
 94 
 
 23 
 
 357 
 
 94 
 
 24 
 
 357 
 
 94 
 
 . 
 
 358 
 
 FISHERIES, COAST AND DEEP SEA, (Continued.) 
 
 owner or master of coasting vessel not so provided running 
 foul of nets, to forfeit £5, to be recovered as a private 
 debt, with damage, under common law rights, 94 20 357 
 
 definition of terms, 94 21 357 
 
 first eighteen sections suspended as regards citizens of the Uni- 
 ted States, so long as treaty between her majesty and that 
 country, signed on fifth day of June, 1854, shall continue 
 in force, 94 22 357 
 
 agreement to be entered into between master and crew in deep 
 sea fishery — terms of agreement, 
 
 penalty for desertion the same as under chap. 76, 
 
 schedules. 
 FISHERIES, RIVER— 
 
 fine for taking salmon, 95 1 358 
 
 fisheries on rivers running through private lands, to be regula- ■ 
 
 ted by sessions — exception, 95 2 358 
 
 sessions order to have force and efiect only to centre of channel 
 
 or river, being such dividing line, 95 3 359 
 
 orders respecting the setting of nets, &c., to be made by 
 
 sessions, 95 4 359 
 
 regulation of salmon fishery and protection of, 95 5 359 
 
 •fine and forfeiture for violation of last section — trial of offen- 
 der and appeal. 95 6 359 
 
 persons equipped for fishing by night to be construed as in the 
 act of fishing, 
 
 appointment of wardens, and how sworn, 
 
 compensation for wardens, &c. 
 
 FORCIBLE ENTRY AND DETAINER— 
 warrants to issue and party held to bail, 
 in what cases warrant may issue, 
 complaint to be summarily tried — possession when to be gi- 
 ven — damages, 140 3 569 
 what sufficient notice to quit in tenancy for year, month, and 
 week, 
 FORECLOSURE OF MORTGAGES. See lands, sale of, under. 
 
 See also equity, proceedings in, 
 FORGERY AND OFFENCES RELATING TO THE COIN— 
 punishment for forging public seals, &c., 
 
 for forging or altering a writing, 
 definition of word " writing" in section two, 
 " person" in section two, 
 punishment for forging muniment of title, 
 counterfeiting coin, 
 FORMS — slight deviations from, not to vitiate, 
 
 FORTIFICATIONS, PUBLIC— 
 
 private property may be appropriated for, or other military 
 
 purposes — mode of obtaining, 31 1 147 
 
 95 
 
 7 
 
 359 
 
 95 
 
 8 
 
 360 
 
 95 
 
 9 
 
 360 
 
 140 
 
 1 
 
 569 
 
 140 
 
 2 
 
 669 
 
 140 
 
 4 
 
 569 
 
 117 
 
 — 
 
 394 
 
 127 
 
 — 
 
 414 
 
 165 
 
 1 
 
 624 
 
 165 
 
 2 
 
 624 
 
 165 
 
 3 
 
 624 
 
 165 
 
 4 
 
 624 
 
 165 
 
 5 
 
 624 
 
 165 
 
 6 
 
 624 
 
 1 
 
 7 
 
 4 
 
31 
 
 2 
 
 147 
 
 31 
 
 3 
 
 147 
 
 21 
 
 1 
 
 402 
 
 .21 
 
 2 
 
 403 
 
 121, 
 
 3 
 
 403 
 
 121 
 
 4 
 
 403 
 
 121 
 
 5 
 
 403 
 
 121 
 
 G 
 
 403 
 
 164 
 
 1 
 
 621 
 
 164 
 
 2 
 
 621 
 
 INDEX. 723 
 
 S'ORTIFIOATIOjSTS (Continued.) ^'^' ^°' ^^"^' 
 
 value of private property when required, how and to whom 
 paid — in case of minors, 
 
 fines on sheriff and jury neglecting duty. 
 FRAUDS AND PERJURIES, PREVENTION OP— 
 
 leases and estates in land not in writing, to be estates a.t will, 
 except leases under three years, 
 
 interest in lands not assignable except by deed ot note in wri- 
 ting, 
 
 no executor or administrator, or other person, chargeable with 
 debt, &c., out of his own estate ; or any defendant for 
 the debt, default, or miscarriage of another person ; or in 
 consideration of marriage ; or on contracts on sale of 
 lands, or agreement not to be performed within one year ; 
 unless "reduced into writing, 
 
 contract for goods above ten pounds not valid unless reduced 
 into writing, part payment accepted, or earnest given, 
 
 no trusts save implied, or resulting trust valid, except in writ- 
 ing, 
 
 assignment of trust to be in writing, 
 
 FRAUDULENT APPROPRIATIONS— 
 punishment for robbing the person, 
 
 assault with intent to rob, 
 robbing the person, and causing grievous • 
 
 bodily harm, 164 3 621 
 
 against a person armed with any offensive weapon, 
 or together with one or more who shall assault, 
 with intent to rob, and cause grievous bodily 
 harm, 164 4 621 
 
 for demanding property with menace or violence 
 
 or force, with intent to steal, 164 5 621 
 
 stealing from, or plundering a wreck, 164 6 621 
 
 accusing or threatening to accuse, &c., with 
 an abominable offence, and thereby extort- 
 ing money, 164 7 621 
 a theft committed by accusing or threatening 
 
 ^0 accuse a person of felony, 164 
 
 attempting to commit a theft by sending 
 threatening letters, &c., 
 what shall be held sending threatening letters, &o. 
 punishment for larceny, 
 
 destroying or concealing wills, 
 stealing muniments of title, 
 stealing valuable securities, 
 stealing or killing cattle with intent to steal, &c 
 last four sections not to affect civil remedies, 
 punishment of a clerk or servant stealing from his master, 
 
 for obtaining articles by false pretences, 
 a false pretence — what shall be, 
 
 frauds in games, bets, or wagers, held a false pretence, 
 48 
 
 622 
 
 164 
 
 9 
 
 622 
 
 164 
 
 10 
 
 622 
 
 164 
 
 11 
 
 622 
 
 164 
 
 12 
 
 622 
 
 164 
 
 13 
 
 622 
 
 164 
 
 14 
 
 622 
 
 164 
 
 15 
 
 622 
 
 164 
 
 16 
 
 622 
 
 164 
 
 17 
 
 622 
 
 164 
 
 18 
 
 623 
 
 164 
 
 19 
 
 623 
 
 164 
 
 20 
 
 623 
 
724 
 
 INDEX. 
 
 Cap: Sbo. Pase, 
 
 164 
 
 24 
 
 623 
 
 164 
 
 25 
 
 623 
 
 17 
 
 15 
 
 60 
 
 38 
 
 8 
 
 161 
 
 38 
 
 9 
 
 161 
 
 158 
 
 — 
 
 613 
 
 164 
 
 20 
 
 623 
 
 166 
 
 — 
 
 625 
 
 107 
 
 — 
 
 378 
 
 44 
 
 — 
 
 168 
 
 1 
 
 7 
 
 4 
 
 FRAUDULENT APPROPRIATIONS, (Continued.) 
 
 when the offence proved is a larceny, in what case it shall be a 
 
 defence or a charge of false pretence, 164 21 623 
 
 punishment for clerk or servant embezzling masters property, 164 22 623 
 receiving stolen goods, knowing them to be 
 stolen, or obtained by false pretence or 
 embezzled, ' 164 23 623 
 
 'regulations to be comformed to by all dealers in marine 
 
 stores, &c. 
 punishment for secreting stolen marine stores, 
 IFREIGflT, goods in warehouse liable for, 
 iFUNDED DEBT— 
 
 not due to savings' bank may be paid off as governor in coun- 
 cil shall think prudent, 38 7 161 
 •loan certificates may issue — their form, and transferable by en- 
 dorsement, 
 interest on loan certificates, how and when payable, 
 GAMBLING HOUSES. See public morals, offences against. 
 GAMES, BETS AND WAGERS. See fraudulent appropriations. 
 GARDENS. See malicious injury to property. 
 GEESE. See 
 
 GENERAL SESSIONS OF THE PEACE. See sessions. 
 GOOD FRIDAY ; act to be done on, to be done the next day. 
 GOODS, EXPORTATION OF AND DRAWBACKS— 
 
 drawbacks allowed on certain goods, and under what circum- 
 stances, 18 1 61 
 goods warehoused on importation, may be exported without 
 
 payment of duty, 18 2 61 
 
 goods intended to be exported from warehouse, or otherwise 
 where drawback claimed, shall not be laden until entry 
 outwards made and permit granted, &c. — nor except in 
 presence of an officer, under penalty of forfeiture, 18 3 61 
 
 by whom and in what manner entry to be made, 18 4 61 
 
 bond to be given by exporter, &c. of goods from warehouse, 
 
 to land them at place for which entered, 18 5 61 
 
 penalty against persons making entry outwards, other than 
 
 proprietor or master of vessel, 
 what shall be a valid permit, 
 on what goods drawback allowed, and quantity, 
 shipping permit for goods not exported from warehouse to be 
 
 certified by guager 18 9 62 
 
 affidavit to be made by exporter of goods not exported from 
 
 warehouse, and value of, 18 10 62 
 
 bond given on exportation of goods to be cancelled on produc- 
 tion of certificate from certain persons at place to which 
 goods were entered for exportation, 18 11 62 
 
 how drawback obtained on goods sent coastwise, 18 12 63 
 
 master delaying to unload goods or proceed on voyage, to pay 
 
 tide-waiter his daily wages, 18 13 63 
 
 18 
 
 6 
 
 61 
 
 18 
 
 7 
 
 61 
 
 18 
 
 8 
 
 62 
 
18 
 
 14 
 
 63 
 
 18 
 
 14 
 
 63 
 
 18 
 
 15 
 
 63 
 
 18 
 
 16 
 
 63 
 
 INDEX. 725 
 
 Cap. Sec. Page 
 GOODS, EXPORTATION OF, &c., (Continued.) 
 
 articles for army and navy exempt from duties, but they must 
 
 be warehoused, 
 mode of entry on delivery from warehouse, 
 how to be obtained from warehouse, 
 drawbacks how obtained on shipment of such goods, 
 goods guaged and weighed for duty, drawback to be ascer- 
 tained and paid by same mode, 18 17 64 
 articles for army and navy on which drawback has been paid 
 
 if fraudulently relanded, tot)e forfeited, 
 persons concerned in such re-landing to forfeit £50, 
 board of revenue may authorize purchase of supply of wines 
 
 for three months, for use of officers of any ship of war, 
 bonds for such wines cancelled, or if duties paid, drawback 
 
 allowed, 
 agent may make entry, and ship and clear goods, owner being 
 
 over ten miles from collector, 
 no drawback allowed after two years, 
 agents may export goods and receive drawbacks for persons 
 
 abroad, 
 board to make regulations respecting exportation of liquors 
 
 on which drawback claimed, 
 goods entered for exportation from warehouse or for drawback, 
 
 forfeited if not forwarded as cleared, or if relanded, 
 penalty for giving false documents to get drawback, 
 operation of cap. 18 may be suspended by governor in council, 
 
 GOODS, WAREHOUSING OF— 
 
 warehouses established confirmed, but may be altered by board 
 
 of revenue, 17 1 58 
 
 board of revenue may establish warehouses, declare what goods 
 may be warehoused, annul any order establishing ware- 
 houses, &c., 17 2 58 
 
 all such orders to be transmitted to governor in council, and 
 published, 
 
 goods and liquors may be warehoused on bonds given — 
 proceedings where part of goods sold, 
 
 goods entered for warehouse forfeited if not deposited, or if 
 taken out without entry, 
 
 duty of officer on entry of goods for warehouse, 
 
 goods warehoused to be stowed at charge of owner — manner of 
 stowing, 
 
 samples may be taken by permission of collector, 
 
 what acts owner may perform in respect of goods, whilst in 
 
 warehouse, 17 8 59 
 
 goods may be removed from one warehouse to another, under 
 
 authority of collector, 17 9 59 
 
 goods warehoused to be cleared for exportation or entered for 
 home use within two years, or sold — disposition of pro- 
 ceeds, 17 10 60 
 
 18 
 
 18 
 
 64 
 
 18 
 
 18 
 
 64 
 
 18 
 
 19 
 
 64 
 
 18 
 
 20 
 
 64 
 
 18 
 
 21 
 
 64 
 
 18 
 
 22 
 
 64 
 
 18 
 
 23 
 
 64 
 
 18 
 
 24 
 
 65 
 
 18 
 
 25 
 
 65 
 
 18 
 
 26 
 
 65 
 
 18 
 
 27 
 
 65 
 
 17 
 
 2 
 
 58 
 
 17 
 
 3 
 
 58 
 
 17 
 
 3 
 
 58 
 
 17 
 
 4 
 
 58 
 
 17 
 
 5 
 
 58 
 
 17 
 
 6 
 
 59 
 
 17 
 
 7 
 
 59 
 
726 
 
 INDEX. 
 
 Cap. sec. PkCK 
 
 GOODS, WAREHOUSING OF, (Continued.) 
 
 mode of transferring goods when in warehouse, 17 11 60 
 
 goods forfeited if fraudulently concealed or removed from 
 
 warehouse with owner's sanction, 17 12 60 
 
 proprietor or other person with his knowledge, fraudulently 
 opening warehouse or gaining access to goods, or adulte- 
 rating, or reducing, or increasing strength of any liquois, 
 to forfeit £100, 17 12 60 
 
 duties on goods entered for warehouse, remitted or returned in 
 
 certain cases, » 17 13 60 
 
 goods entered for warehouse may be re-entered and delivered 
 
 for home use as constructively warehoused, 17 14 60 
 
 warehoused goods to continue liable for freight, 17 15 60 
 
 GOODS, mPORTATION OF— 
 
 all goods liable to duties subject to provisions of cap. 16, 16 1 49^ 
 
 no goods to be unladen or bulk broken, within three leagues 
 of coast, before report, entry, and permit granted, and 
 except in conformity with cap. 16, 16 2 49' 
 
 goods unladen contrary to cap. 16, forfeited — if bulk be bro- 
 ken contrary to sec. 2, cap. 16, master to forfeit £50, 16 2 49> 
 
 what shall be deemed breaking bulk, 15 2 49i 
 
 •fresh fish, coin, bullion and goods, stranded or wrecked, 
 
 may be landed without entry or permit, 16 2 49i 
 
 goods in stranded or wrecked vessel, when deposited on shore,. 
 
 to be reported, and entry made,. 16 2 49t 
 
 the landing of such goods to be in presence of an officer, 16 2 45)' 
 
 clearance of vessel, carrying goods coastwise, to be obtained 
 
 by master — what clearance to contain, 16 ' 3 49> 
 
 master subject to a penalty of 10s. for neglecting to obtain 
 
 such clearance, \Q 4 50 
 
 in certain oases masters may substitute a written manifest for 
 
 clearance, 16r 4 50 
 
 the master of every vessel arriving coastwise, having dutiable 
 articles on board, and the master of every vessel from 
 parts beyond seas-, to make report, 
 
 the particulars of such report, 
 
 penalty against masters for non-compliance with sec. 5, cap. 16", 
 
 duty of collector when contents of any package unknown, 
 
 live .stock may be unladen before report — in what oases, 
 
 goods by steamers may be placed in warehouse of owners or 
 
 agent, after report made by master, 16 8 51 
 
 collector or other proper officer to attend when steamboat 
 
 arrives at night, until all the goods warehoused, 16 8 51 
 
 rum, brandy, gin or alcohol, not to be imported in casks under 
 
 100 gallons, 16- 9 hi 
 
 or be exposed for sale in smaller casks,, unless imported previ- 
 ously to June, 1859, 
 
 proof on party in possession, 
 
 penalty against offender, 
 
 16 
 
 5 
 
 50 
 
 16 
 
 5 
 
 50 
 
 16 
 
 5 
 
 50 
 
 16 
 
 6 
 
 50 
 
 Ifr 
 
 7 
 
 51 
 
 16 
 
 9 
 
 51 
 
 16 
 
 9 
 
 51 
 
 16 
 
 9 
 
 51 
 
16 
 
 9 
 
 51 
 
 16 
 
 10 
 
 51 
 
 15 
 
 10 
 
 52 
 
 16 
 
 10 
 
 52 
 
 16 
 
 11 
 
 52 
 
 16 
 
 11 
 
 52 
 
 16 
 
 12 
 
 52 
 
 16 
 
 12 
 
 52 
 
 16 
 
 13 
 
 53 
 
 INDEX. 727 
 
 Cap. Seo. Page. 
 GOODS, IMPORTATION OF, {Coniinuei,) 
 
 liquors to bo forfeited, 16 9 51 
 
 cap. 16 not to apply to liquors imported from Europe, British 
 West Indies, or British possessions in America, 
 
 revenue officers may board vessels, and powers while on board, 
 
 goods found concealed on board, forfeited, 
 
 master to pay £50 if any mark, lock, or seal, placed on goods 
 by the officer, be altered, broken, or opened, or if goods 
 be conveyed away, or hatchways opened by master, or 
 with his assent, 
 
 how entry to be made in cases of partial entry, 
 
 importers of goods to make entry inwards of all goods, three 
 days after entry of ship, 
 
 mode of entering goods inwards, 
 
 if importers do not make such entry within three days after 
 twenty-four hours' notice to importer, collector may have 
 the goods landed and warehoused-at expense of owner, 
 
 what a valid entry or permit, 
 
 permit not to be granted until duties paid, or if entered for 
 
 warehouse, bond given, 16 14 53 
 
 if duties not paid or bond given, goods to be sold after twenty 
 
 days, on four days' notice given of time and place of sale, 16 14 53 
 
 application of proceeds of sale, 16 14 53 
 
 person unauthorised ' by importer making fraudulent entry, 
 
 liable to penalty of £50, 16 15 53 
 
 no goods except such as are chargeable to duty, according to 
 number, weight, guage or measure, to be landed without 
 entry or permit, 16 16 53 
 
 to be landed at a place where an officer is appoihted, unless 
 
 authorised by permit, and in the presence of an officer, 16 16 53 
 
 all goods unladen contrary to law, shall be forfeited, 16 17 53 
 
 how goods chargeable with duty by number, weight, guage 
 
 or measure, to be unladen, 16 18 53 
 
 goods removed from place named in permit, without removal 
 
 permit, forfeited, 16 18 53 
 
 entry by bill of sight, in certain cases, 16 19 54 
 
 written notice of abandonment of goods to be given to collec- 
 tor — goods to be sold thereupon — after charges and duties 
 paid, balance of proceeds to be paid into treasury, 16 20 54 
 
 abatement of duties allowed to be made on certain goods when 
 
 damaged, 16 21 54 
 
 mode of obtaining abatement, 16 21 54 
 
 duties of officers in respect of damaged goods on which abate- 
 ment is required to be made, 16 21 54 
 
 value of goods chargeable with duty, to be certified on oath by 
 importer or agent, 
 
 what to be sworn to, or subscribed, 
 
 when goods appear to be undervalued, collector's duty, 
 
 appraisers to be paid ten shillings each, 
 
 16 
 
 22 
 
 54 
 
 16 
 
 22 
 
 54 
 
 16 
 
 23 
 
 «5 
 
 16 
 
 23 
 
 55 
 
728 
 
 INDEX. 
 
 16 
 
 24 
 
 55 
 
 16 
 
 25 
 
 55 
 
 16 
 
 25 
 
 55 
 
 16 
 
 16 
 16 
 
 30 
 
 31 
 32 
 
 Cap. Sko. Pase. 
 GOODS, IMPORTATION OF, (Conlinvigd.) 
 
 prize or forfeited goods, if ralue cannot be ascertained, to be 
 
 valued according to gross price at sale, 16 24 55 
 
 all such goods to be sold at auction within two years after 
 importation, 
 
 surplus stores of vessels from parts beyond seas, liable to ,duty, 
 
 exception when not excessive, or unsuitable for voyage, 
 
 goods composed of different materials to be charged with the 
 
 highest duty of any one or more of the materials, 16 26 
 
 goods from Great Britain or British possessions, if any advan- 
 tage claimed therefrom, must have been duly cleared out- 
 ward from such places, and advantage claimed stated in 
 cocket, 16 27 
 
 goods brought by land, liable to duty, 16 28 
 
 vessels entering Gut of Annapolis, may pay duties either at 
 
 Digby or Annapolis, 16 29 
 
 vessels having dutiable goods on board, entering port to repair 
 damage, how goods to be landed and warehoused, and 
 regulations respecting such, 
 
 goods saved from sea and sold to pay salvage, board of revenue 
 may allow such goods to be sold free of duty to amount 
 of salvage, or to such other amount as they may think 
 proper, 
 
 wrecked goods liable to duty, 
 
 penalty for having wrecked goods liable to duty in possession 
 without having given notice, or not paying duty on de- 
 mand, &c. 16 32 
 
 penalty for altering or opening any package of wrecked goods 
 
 or abetting the act, 16 32 
 
 if duties not paid within eighteen montl^^ goods may be sold, 16 32 
 
 provisions where wrecked goods cannot be sold for enough to 
 
 pay duty, 16 32 
 
 owners of goods having possession thereof may retain the 
 
 same, on giving bond to pay duties within a year, 16 32 
 
 goods, how, when and where, to be landed, 16 33 
 
 expenses connected with the landing, removing, and weighing, 
 
 to be barne by the importer, 16 34 
 
 no vessel to pass into Bras d'Or Lake without anchoring at 
 entrance and paying duties, 
 GOVERNOR— word how construed, 
 GRAIN AND CORN. See inspection of provisions, 
 GRAMMAR SCHOOLS. See public instruction, 
 GRAND JURY. See juries, 
 GRANTOR — meaning of word, 
 GUAGERS AND WEIGHERS. See officers of customs, 
 
 GUARDIANS AND WARDS— 
 
 guardians may be appointed by father of children unmarried 
 
 and under twenty-one years of age — mode of appointing, 124 1 405 
 
 55 
 
 55 
 
 56 
 
 56 
 
 56 
 
 56 
 57 
 
 57 
 
 57 
 57 
 
 57 
 57 
 
 57 
 
 16 
 
 35 
 
 58 
 
 1 
 
 7 
 
 2 
 
 85 
 
 — 
 
 312 
 
 60 
 
 — 
 
 209 
 
 136 
 
 — 
 
 550 
 
 1 
 
 7 
 
 3 
 
 14 
 
 
 
 42 
 
124 
 
 2 
 
 405 
 
 124 
 
 3 
 
 405 
 
 124 
 
 4 
 
 405 
 
 INDEX. 729 
 
 GUARDIANS AND' WARBS, (Coni!mue(i.) '^^^^ ^^''' ^''^''' 
 
 judges of probate may appoint guardians to minors, when 
 
 none appointed by father — who may be appointed — at 
 
 age of fourteen years, appointment in child, 
 powers of guardians, 
 guardian to give bond — condition. 
 Letters of guardianship how applied for, and guardian may 
 
 be appointed in a suit pending in probate court, without 
 
 bond, 124 5 406 
 
 this chapter not to affect apprenticeship legally entered into 
 
 by minor or overseer or commissioners of poor, 124 6 406 
 
 GUNPOWDER, TRANSPORTATION OF— 
 
 not more than lOOOlbs. of gunpowder shall be conveyed by 
 
 land at once, 101 1 372 
 
 if more than fifty pounds, placed in one cart, it must be 
 
 covered with woollen or hair cloth, 101 2 372 
 
 carriage conveying gunpowder not to be stopped less than 
 
 twenty rods from any dwelling, 101 3 372 
 
 metallic substances not to be placed in carriage conveying 
 
 above fifty pounds, 101 4 373 
 
 quantities over fifty pounds must be in barrels and properly 
 
 hooped, 101 5 373 
 
 quantities over twenty-five pounds, not to be carried except 
 
 in packages well hooped, and sufficiently wrapped in 
 
 woollen or hair cloth, 101 6 373 
 
 offences against this chapter, punishable by fine under £20, 101 7 373 
 
 carriage of gunpowder for her majesty's service, not affected 
 
 by this chapter. 101 8 373 
 
 HABITATION, OFFENCES AGAINST THE— 
 
 punishment for burglary, 163 1 619 
 
 breaking out of a house in the night, having entered with 
 
 intent to commit a felony, to be burglary, 163 2 619 
 
 proviso respecting buildings in which burglary may be com- 
 mitted, 163 3 619 
 punishment for burglariously entering a house, and assaulting 
 
 a person with intent to commit murder, 163 4 620 
 
 punishment for entering by night any building, &e., not 
 
 being part of dwelling house, according to the provision of 
 
 third section, for the purpose of burglary, 163 5 620 
 
 night defined for settling questions of burglary, 163 6 620 
 
 penalty for entering any building, &c., public office, or public 
 
 building, or any building for business, or barn, stable, 
 
 &c., in day time, to commit felony, 163 7 620 
 
 punishment where breaking proved, but felony not clearly 
 
 proved, 163 8 620 
 
 when defence of a burglary committed, shall not be a defence 
 
 to a charge of breaking, &c. 163 9 620 
 
 piinishment for maliciously firing a dwelling house, a person 
 
 being therein, 163 10 621 
 
 punishment for destroying or damaging a dwelling house 
 
 with powder, &c., a person being therein, 163 11 621 
 
730 
 
 mo EX. 
 
 HARBORS- 
 HARBOR MASTERS- 
 HAY. See inspection of provisions, 
 HAY SCALES. See assessment, county. 
 HEALTH. See board of health. 
 HERRINGS, SMOKED. See inspection of provisions. 
 
 HIGHWAY LABOR IN THE CITY OF HALIFAX— 
 
 labor of teams, carts, or trucks, defined' — penalty for neglect, 
 persons who are liable to perform two day's labor, 
 who are liable to perforin six day's labor, 
 who are exempted from performing labor, 
 over sixty years of age liable to labor for teams, &c., 
 day's labor under this chapter to be ten working hours, 
 commissioners may order winter labor when necessary— penalty 
 
 for non-performance of, after notice, 
 labor of men may be substituted for teams, if commissioners 
 
 see fit, 
 where more than two horses kept, additional labor to be per- 
 formed, 
 horses not employed with carts, &o., how to be rated, 
 persons not performing labor, to forfeit three shillings for each 
 
 day's labor, 
 monies and forfeitures, how to be recovered and applied. 
 HIGHWAYS, COASTING ON— 
 
 sessions may make regulations respecting coasting, and impose 
 
 fines for breach thereof, 
 parents and masters liable for penalty imposed on minors and 
 apprentices. 
 HIGHWAY LABOR IN GENERAL. See roads, expenditure on. 
 HIGHWAYS, STREETS AND BRIDGES. See surveyors of 
 
 highways, ^"C. 
 HORSES INFECTED. See sessions. 
 HOUSE OF ASSEMBLY. See assembly. 
 HYPOTHECATION OP VESSELS. Bi% interest. 
 ICE, ROADS OVER, Ac- 
 sessions may make regulations respecting tracks and roads over 
 the ice, and afiix penalties for breach thereof — to be ap- 
 plied one half to prosecutor and one half to county 
 purposes, 
 expense of making, &c., — such roads shall be a county 
 charge, 
 IMPARLANCE. See criminal justice. 
 IMPOUNDING CATTLE. See/ences. 
 INCENDIARISM. See malicious injury to property. 
 INCEST. See public morals, offences against, 
 INCUMBERANCES AFFECTING LANDS. Seerfeerfs, registry of. 
 
 Cap. 
 
 SEO. 
 
 PAtJB. 
 
 78 
 
 — 
 
 295 
 
 78 
 
 
 
 295 
 
 85 
 
 89 
 
 325 
 
 46 
 
 ^- 
 
 170 
 
 54 
 
 — 
 
 200 
 
 85 
 
 — 
 
 325 
 
 65 
 
 1 
 
 239 
 
 65 
 
 2 
 
 239 
 
 65 
 
 3 
 
 239 
 
 65 
 
 4 
 
 239 
 
 65 
 
 5 
 
 240 
 
 65 
 
 6 
 
 240 
 
 65 
 
 r 
 
 240 
 
 65 
 
 8 
 
 240 
 
 65 
 
 9 
 
 240 
 
 65 
 
 10 
 
 240 
 
 65 
 
 11 
 
 240 
 
 65 
 
 12 
 
 240 
 
 109 
 
 110 
 
 378 
 
 100 
 
 2 
 
 378 
 
 66 
 
 — 
 
 241 
 
 63 
 
 . 
 
 227 
 
 107 
 
 — 
 
 378 
 
 3 
 
 — 
 
 6 
 
 82 
 
 
 
 309 
 
 379 
 
 110 
 
 2 
 
 379 
 
 108 
 
 — 
 
 630 
 
 41 
 
 — 
 
 190 
 
 166 
 
 — 
 
 625 
 
 158 
 
 — 
 
 613 
 
 113 
 
 .«* 
 
 381 
 
INDEX. 731 
 
 Cap. Sec. Page. 
 INDIANS— 
 
 chief commissioner and deputies, how appointed, 58 1 207 
 
 instructions to be issued by governor in council, 58 2 207 
 
 commissioner's duties defined, 58 3 207 
 
 persons, having improved on Indian lands, how compensated, 58 4 207 
 
 prosecutions for encroachments to be by information, 58 5 207 
 
 duties of commissioner specially defined, 58 6 207 
 
 education of children provided for, 58 7 207 
 
 mode of providing permanent fund, 58 8 208 
 
 deputy commissioners to furnish report, 58 9 208 
 
 annual grant, how to be apportioned, 58 10 208 
 
 disabled from voting at elections on residence qualification, 5 2 8 
 
 INFECTED CATTLE AND VICIODS ANIMALS. See sessions. 107 — 378 
 
 INFECTIOUS AND CONTAGIOUS DISEASES. See loaris of 
 
 health. 54 — 200 
 
 INSOLVENT DEBTORS, RELIEF OF— 
 
 how commissioners appointed, 137 1 558 
 prisoner to exhibit petition and schedule, 137 2 558 
 summons to issue thereupon, 137 3 559 
 service of copy of summons and schedule — time to be propor- 
 tioned to distance, 137 4 559 
 oath to prisoner, if i-equired, 137 5 559 
 order for discharge on assignment and oath, &o., confession 
 
 may be required in case of mesne process, 137 6 559 
 
 debtors at suit of crown how discharged, 137 7 559 
 
 prisoner may be remanded on affidavit, 137 8 560 
 
 in case of fraud, prisoner may be remanded for one year, 137 9 560 
 
 two justicesmayrelievein caseof process out of justice'scourt, 137 10 560 
 
 appeal given to either party, 137 11 560 
 
 supreme court or special sessions to be court of appeal, 137 12 560 
 
 powers of court of appeal, 137 13 561 
 
 papers to be returned to supreme court, 137 14 561 
 
 prisoner to be discharged by order, 137 15 561 
 
 property subsequently acquired, liable for the debt, 137 16 561 
 party at whose suit person has been taken, to be liable for 
 
 sheriffs fees. 137 17 571 
 
 INSPECTION AND REGULATION OF PROVISIONS, LUM- 
 BER, FUEL, AND OTHER MERCHANDIZE- 
 
 all fish to be inspected, 
 
 governor in council to appoint inspectors- bond to be given 
 by inspectors, and to be sworn, 
 
 appointment of deputies— chief inspector to be responsible for 
 their acts, 
 
 persons branding casks offish without having been duly appoin- 
 ted and sworn, liable to a penalty, 
 
 PACKAGES. 
 
 dimensions of barrels, &c., and of what material to be made — 
 barrels, &e., to be branded by maker, 
 49 
 
 85 1 312 
 
 85 2 312 
 
 85 3 312 
 
 85 4 312 
 
 85 5 313 
 
732 
 
 INDEX. 
 
 Cap. Sec. Fasjs. 
 
 INSPECTION OF PROVISIONS, &c., {Continued.) 
 
 SALMON, &C. 
 
 qualities of pickled fish — salmon — mackerel, • 
 
 herrings and alewives, 
 
 fish to be well salted— 'how fish to be packed — casks to be filled 
 
 up with pickle, 
 fish to be weighed, 
 what to be branded on casks, 
 fees, 
 inspection to be done in sight of inspector— penalty for 
 
 neglect, 
 repacking to be done in presence of ofiScer, 
 inspector or deputy to inspect without delay, under penalty — 
 
 proviso, 
 penalty for shifting fish, altering brand, &c. 
 penalty for exporting fish not branded — vessel not to be cleared 
 
 until unbranded fish be relanded, 
 deputies to account to chief inspector, 
 chief inspector to make return to provincial secretary, of fish 
 
 inspected by him or deputies, 
 costs for re-inspection offish, to be paid by deputy in fault, 
 penalty or damages how recoverable against inspector or 
 
 deputies, and recovery over by inspector, 
 penalties, how recoverable, 
 venne of action against inspectors, 
 
 SMOKED HERRINGS. 
 
 appointment of inspectors of smoked herrings, 
 smoked herrings must be weighed, &c., in inspectors sight, 
 quality of No. 1, 2, &c. 
 materials and dimensions of boxes, 
 boxes how branded, 
 fees of inspectors and deputies, 
 
 persons acting as inspectors, not duly appointed — penalty, 
 penalty for using, counterfeiting, or intermixing smoked her- 
 rings, or altering brands, &c., 
 penalty for exporting fish not branded, 
 penalty for inspecting and branding contrary to this chapter, 
 
 PISH OIL. 
 
 fish oil — how branded, 
 
 guager's duty and fees, 
 
 fine for misconduct, 
 
 fine for acting as a guager without authority, 
 
 SALa'ED BEEF AND PORK. 
 
 qualities and description of salted beef and pork, 85 36 318 
 
 quality and dimensions of casks for packing salted beef and 
 
 pork in, 
 quantity of salt and meat each cask to contain, 
 duty of inspectors and packers — mode of branding, 
 no beef or pork to be repacked until it shall have been in salt 
 
 14 days, 85 40 319 
 
 85 
 
 6 
 
 313 
 
 85 
 
 6 
 
 314 
 
 86 
 
 7 
 
 314 
 
 85 
 
 8 
 
 315 
 
 85 
 
 9 
 
 315 
 
 85 
 
 10 
 
 315 
 
 85 
 
 11 
 
 315 
 
 85 
 
 12 
 
 315 
 
 85 
 
 13 
 
 315 
 
 85 
 
 14 
 
 316 
 
 85 
 
 15 
 
 316 
 
 85 
 
 16 
 
 316 
 
 85 
 
 17 
 
 316 
 
 85 
 
 18 
 
 316 
 
 85 
 
 19 
 
 316 
 
 85 
 
 20 
 
 317 
 
 85 
 
 21 
 
 317 
 
 85 
 
 22 
 
 317 
 
 85 
 
 23 
 
 317 
 
 85 
 
 24 
 
 317 
 
 85 
 
 25 
 
 317 
 
 85 
 
 26 
 
 317 
 
 85 
 
 27 
 
 317 
 
 85 
 
 28 
 
 318 
 
 85 
 
 29 
 
 318 
 
 85 
 
 30 ■ 
 
 318 
 
 85 
 
 31 
 
 318 
 
 85 
 
 32 
 
 318 
 
 85 
 
 33 
 
 318 
 
 85 
 
 34 
 
 318 
 
 85 
 
 35 
 
 318 
 
 85 
 
 37 
 
 319 
 
 85 
 
 38 
 
 319 
 
 85 
 
 39 
 
 319 
 
85 
 
 41 
 
 320 
 
 85 
 
 42 
 
 320 
 
 85 
 
 43 
 
 320 
 
 85 
 
 44 
 
 320 
 
 85 
 
 45 
 
 320 
 
 85 
 
 46 
 
 320 
 
 85 
 
 47 
 
 321 
 
 85 
 
 48 
 
 321 
 
 85 
 
 49 
 
 321 
 
 85 
 
 50 
 
 321 
 
 85 
 
 51 
 
 321 
 
 85 
 
 52 
 
 321 
 
 85 
 
 53 
 
 321 
 
 85 
 
 54 
 
 321 
 
 86 
 
 55 
 
 321 
 
 85 
 
 56 
 
 321 
 
 INDEX. 733 
 
 Cap. Sec. Paqe. 
 INSPECTION OF PROVISIONS, &c. {Continued.) 
 
 fees of inspectors, 
 
 fine for misconduct, 
 
 fines for importing uninspected beef or pork, 
 
 mode of proceeding where suspicion that uninspected beef and 
 
 porlt has been shipped, 
 
 forfeiture for shifting and intermixing repacked beef and pork, 
 
 FRESH BEEF^ 
 
 ■weighing of fresh beef regulated, 
 
 ■exception in favor of live cattle and government contracts, 
 
 fees on inspecting li.ve cattle, 
 
 fine for negleot of duty, 
 
 BREAD. 
 
 bread for sale — how marked, 
 
 weight of loaves, 
 
 fine for selling unmarked bread, 
 
 scales and weights to be kept by sellers of bread, 
 
 unmarked bread may be seized by justices, or constables 
 
 authorized by justices, 
 ifine for obstructing officer^ 
 
 for selling bread short of weight, 
 against servant or journeyman offending against pro- 
 visions of this chapter, 85 57 321 
 "baker relieved against penalties by justice on jwoof of wilful 
 
 neglect of servant or journeyman, 
 exception where loaves made to order, &c. — prosecutions limited, 
 
 GRAIN AND CORN. 
 
 weight of graiji or corn, per bushel 
 
 wheat and barley not produce of province to be sold by 
 
 weight — standard regulated, 
 grain io be delivered from vessel to be measured by sworn 
 
 measurer — exceptions as to grain sold in store, 
 lieated and unmarketable grain not to be taken account of, 
 fees of measurer — how grain, &c. to be measured, 
 €nes against persons violating provisions of this chapter, 
 ifines on measurers for misconduct, 
 
 FLOUR AND MEAL. 
 
 barrels of flour and meal &c. brought into the province, 
 shall, before offered for sale, or carried out of city or 
 county, &c. be weighed by weigher of flour — each barrel 
 to contain 1961bs. nett, 85 67 323 
 
 barrels how branded, 85 68 323 
 
 barrels, half-barrels, &c. deficient in weight, or not having 
 been branded, offered for sale or sent from city of Halifax 
 or county — persons offending liable to penalty not exceed- 
 ing twenty shillings for barrel, ten shillings for half bar- 
 rel, and 6d. for every pound weight deficient, 
 
 fees of weighers, 
 
 "barrels emptied of contents, brands to be erased before same 
 re-filled for sale or exportation— persons offending liable 
 to penalty, 
 
 85 
 
 58 
 
 322 
 
 85 
 
 59 
 
 322 
 
 85 
 
 60 
 
 322 
 
 85 61 322 
 
 85 
 
 62 
 
 322 
 
 85 
 
 63 
 
 322 
 
 85 
 
 64 
 
 322 
 
 85 
 
 65 
 
 322 
 
 85 
 
 66 
 
 322 
 
 85 69 823 
 85 70 323 
 
 85 71 323 
 
734 
 
 INDEX. 
 
 INSPECTION OF PROVISIONS, &c. {Continued.) 
 
 tare of barrels, how ascertained, 
 
 fine on weighers for misconduct, 
 
 flour and meal manufactured in province exempt from proTi- 
 sions of chapter 85, under exceptions — penalties on pro- 
 prietors of mills for selling flour, &c., without complying 
 with this section, 
 
 wheat flour warehoused for exportation, not subject to pro- 
 visions, 
 
 weighers, how appointed — their returns, 
 
 potatoes and all edible roots to be sold by weight — 60 lbs. 
 potatoes and turnips — all other edible roots, 401bs., 
 
 SUGAR. 
 
 tare on sugar how ascertained, 
 
 fine on persons not allowing full tare on sugar, 
 
 COAL AND SALT. 
 
 coals from shipboard by retail to he sold by the ton weight, 
 
 coal and salt to be measured, 
 
 coal liable to forfeiture if sold without being measured or 
 
 weighed, 
 fees of measurers of coal, 
 fines upon measurers for misconduct, 
 
 SOLE LEATHER. 
 
 inspectors of sole leather shall keep scales and weights —their 
 duty on inspection — rmarks and numbers to be impressed, 
 
 inspector authorised to make deduction from weight in certain 
 cases, 
 
 fine for ofiering unstamped leather for sale, 
 
 fine against inspector for violation of duty, 
 
 HAT. 
 
 hay how weighed — weigher's fees, 
 
 COKDWOOD. 
 
 quality and dimensions of cord wood; 
 
 cordwood from shipboard to be measured — measurer's fees, 
 
 fine for selling without being measured, 
 
 sticks of wood not of requisite length rejected by measurer, 
 
 mode of piling wood — rotten wood, &c., 
 
 fine on measurer for violating his duty, 
 
 LUMBER. 
 
 quality and description of boards, 
 
 dimensions — deals defined, 
 
 plank for exportation, their size and quality, 
 
 size and quality of ton timber, 
 
 size and quality of merchantable spruce, pine, and hardwood, 
 
 qualities and description of shingles, 
 
 length and description of clapboard, 
 
 description and measurement of lathwood, 
 
 description and mode of calculation of staves, 
 
 Cap. Sec. Page. 
 
 85 
 85 
 
 85 
 
 85 
 85 
 
 85 
 
 85 
 
 72 
 73 
 
 75 
 76 
 
 85 85 
 
 89 
 
 323 
 323 
 
 74 323 
 
 324 
 324 
 
 77 324 
 
 85 
 
 78 
 
 324 
 
 85 
 
 79 
 
 324 
 
 85 
 
 80 
 
 324 
 
 85 
 
 81 
 
 324 
 
 85 
 
 82 
 
 324 
 
 85 
 
 83 
 
 325 
 
 85 
 
 84 
 
 325 
 
 325 
 
 85 
 
 86 
 
 325 
 
 85 
 
 87 
 
 325 
 
 85 
 
 88 
 
 325 
 
 325 
 
 85 
 
 90 
 
 326 
 
 85 
 
 91 
 
 326 
 
 85 
 
 92 
 
 326 
 
 85 
 
 93 
 
 326 
 
 85 
 
 94 
 
 326 
 
 85 
 
 95 
 
 326 
 
 85 
 
 96 
 
 326 
 
 85 
 
 97 
 
 326 
 
 85 
 
 98 
 
 326 
 
 85 
 
 99 
 
 327 
 
 85 
 
 100 
 
 327 
 
 85 
 
 101 
 
 327 
 
 85 
 
 102 
 
 327 
 
 85 
 
 103 
 
 327 
 
 85 
 
 104 
 
 32T 
 
85 
 
 105 
 
 327 
 
 85 
 
 106 
 
 3281 
 
 85 
 
 107 
 
 828 
 
 85 
 
 108 
 
 328 
 
 85 
 
 110 
 
 329 
 
 85 
 
 111 
 
 329 
 
 85 
 
 112 
 
 329 
 
 85 
 
 113 
 
 329 
 
 85 
 
 114 
 
 329 
 
 85 
 
 115 
 
 329 
 
 INDEX. 735 
 
 INSPECTION OF PROVISIONS, {Continued) ^'"^' ^^'^' ^^'"'' 
 
 timber, lumber, and shingles contracted for, for exportation, 
 
 sball be as in this chapter described, 
 duty of measurers of lumber on survey, 
 fees of surveyor of lumber, 
 
 effect of surveyor's certificate, and expense thereof, 
 seller liable for surveyor's fees — purchaser in certain cases 
 
 liaWe, 85 109 328 
 
 timber, lumber and shingles, if sold without survey, liable to 
 
 forfeiture — cargoes in city of Halifax, sea borne, 
 
 exempted, 
 
 shingles, clapboards and staves found defective, to be rejected, 
 
 shingles and clapboards forfeited if exposed for sale deficient in 
 
 number, 
 fines for destroying surveyor's marks on timber, 
 fine on surveyor for violating duty, 
 limitation of actions. 
 INTERPLEADER— 
 
 in certain actions, defendant may allege interest in a third 
 party, and may, before plea pleaded, apply for a rule or 
 order on a party claiming interest in subject matter — pur- 
 pose of rule, 149 1 585 
 court or judge may hear case and stay proceedings in mean 
 
 time, 
 power of court or judge on hearing parties, 
 rules and orders may be made as to costs, 
 judgment on an issue, or action and decision of court or 
 
 judge, shall be final, 149 5 586 
 
 if such third party do not appear, court or judge may, by rule 
 or order, declare him barred from claim against original 
 defendant, reserving his right against plaintiff, and may 
 make order as to costs, 
 order of a judge may be reviewed by court, 
 a judge may, at any stage, refer matter to the court, 
 provisions of this chapter made applicable to sheriff's con- 
 stables, &c., 149 9 586 
 rules, orders, &o., to be entered of record, and have effect of a 
 judgment, except as to being a charge on lands — may be 
 enforced by execution. 149 10 587 
 INTEREST— 
 
 contracts for a higher rate of interest than six per cent, void — 
 persona contracting for more than six per cent, to forfeit 
 treble value of the monies or goods in such contract or 
 security contracted for or secured, 82 1 309 
 
 contracts for grain or livestock may be on halves, or otherwise, 
 lender taking all risk, borrower to make good to lender full 
 value, if same or any part thereof, perish by wilful neglect, 82 2 309 
 
 on hypothecation of vessels, cargo or freight excepted, 82 3 309 
 
 interest payable on sums certain, or by written instruments, 
 at a certain time, or, if payable otherwise, then from de- 
 mand in writing that interest will be required, 82 4 309 
 
 149 
 
 2 
 
 586 
 
 149 
 
 3 
 
 586 
 
 149 
 
 4 
 
 586 
 
 149 
 
 6 
 
 586 
 
 149 
 
 7 
 
 586 
 
 149 
 
 8 
 
 586 
 
736 
 
 INDEX. 
 
 Cap Sec. Piaa. 
 
 22 
 
 1 
 
 71 
 
 22 
 
 1 
 
 71 
 
 22 
 
 1 
 
 71 
 
 INTEREST, &o. (Continued.) 
 
 in trover, or trespass de bonis asportatis and policies of insu- 
 rance, jury may give interest in nature of damages, 82 5 309 
 
 prosecution for taking illegal interest, limited -to twelve 
 
 months. 82 6 510 
 
 INTOXICATING LIQUORS, LICENSES FOR THE SALE OF— 
 
 clerks of license appointed liy sessions on recommendation of 
 grand jury — to give bond and be sworn, 
 
 clerks of license to be appointed although no licenses, granted, 
 
 in case of death, &o., others appointed by special sessions, 
 
 not to be sold without license, except in original package, or 
 
 above ten gallons — penalty, 22 2 72 
 
 licenses may be granted by sessions optional, on recommen- 
 dation of grand jury, except in Halifax and Yarmouth, 
 where granted agreeably to acts of incorporation, 22 3 72 
 
 no license to be granted to keepers of brothels or houses of ill- 
 fame, 22 3 72 
 
 licenses shall be tavern and shop — in Halifax and Pictou gene- 
 ral licenses may be granted, 22 4 72 
 
 form of license, 22 5 72 
 
 duty on granting licenses — fees of clerks of peace and licence, 
 and commission on paying — how and by whom fixed in 
 the counties and in Halifax and Yarmouth, 22 6 72 
 
 duty to be paid before receiving license, and bond to be given 
 — by whom bond prepared, 
 
 persons living on unfrequented roads, exempt from duty, 
 
 no justice of the peace to hold tavern license, 
 
 licenses to be registered — mode of registering — to whom and 
 
 when registry to be exhibited, 22 10 72 
 
 persons holding tavern license to put up a sign — penalty for 
 
 neglect — every ten days' neglect a new offence, 22 11 73 
 
 any person putting up sign not having license, liable to a 
 
 penalty, 22 12 73 
 
 persons holding tavern licenses to maintain good order on pre- 
 mises, prevent gambling, and persons remaining about 
 premises drinking on Sundays, 22 13 73 
 
 persons not holding a general license not to permit any goods 
 • .her than victuals and drink, to be exposed for sale on 
 premises, 
 
 persons holding tavern licenses to have reasonable accommo- 
 dation for travellers, their horses, &c., 22 13 73 
 
 forfeiture of license, and penalty for breach of sec. 13, 22 13 73 
 
 liquors not to be sold on Sundays except by tavern keepers to 
 lodgers on premises, on forfeiture of license, and penalty 
 on conviction, 22 14 73 
 
 restrictions on sale of liquors by persons holding shop licenses 
 
 —penalty, 22 15 -73. 
 
 Bale of liquor under one gallon not recoverable — exceptions, 22 16 73 
 
 no person holding tavern license to receive goods, implements 
 of trade, &c. , from servants or common laborers — penalty 
 — form of proceeding, 22 17 74 
 
 22 
 
 7 
 
 72 
 
 22 
 
 8 
 
 72 
 
 22 
 
 9 
 
 72 
 
 13 73 
 
22 
 
 21 
 
 74 
 
 22 
 
 22 
 
 75 
 
 22 
 
 23 
 
 75 
 
 22 
 
 23 
 
 75 
 
 22 
 
 23 
 
 75 
 
 22 
 
 24 
 
 75 
 
 INDEX. 737 
 
 INTOXrCATIXG LIQUORS, &e.. {Continued.) ^'^^' ^''°' ^^'"'° 
 
 mairied women and servants liable as principals, unless hus- 
 bands or masters before prosecuted — not liable for same 
 offence after conviction of veife or servant, 22 18 74 
 
 clerks of license may visit premises of persons holding tavern 
 
 licenses, and prosecute for any breach of this chapter, 22 19 74 
 
 penalty for obstructing clerk of license in execution of his duty 
 — party obstructing may be indicted for a misdemeanor, 
 fined and imprisoned at discretion of court, 22 19 74 
 
 clerks of license, except in Halfax, to render half-yearly 
 accounts of duties &o. collected, to county treasurer, and 
 pay over, on receipt of duties &c., less commissions, to 
 county treasurer, 22 20 74 
 
 mode of recovering penalties — form of summons and conviction 
 — either party may be a witness — prosecutor a witness, not 
 called by either party, not entitled to any part of penalty, 
 
 penalties, including Halifax and Yarmouth, how disposed of, 
 
 appeals under this chapter, hovr granted — mode of proceodure 
 under — effect of and bond, 
 
 in case of certiorari, bond same as in ordinary appeals, 
 
 if nfew trial granted, court may impose terms on either party, 
 
 form of bond on appeal and certiorari, 
 
 witnesses subpoenaed and not attending liable to penalty — 
 how to be levied — not bound to attend, unless expenses 
 first paid them, 22 25 75 
 
 costs and expenses of clerks of license to be amerced on county, 
 
 if judge certify reasonable ground for prosecution, 22 26 75 
 
 no judgment affected by variance between proof and summons 
 
 — cause may be continued for another day, 22 27 75 
 
 variance or formal objection no ground for setting aside 
 
 judgement, 22 27 76 
 
 wife, child, or servant selling liquors on premises, husband 
 
 liable for — proof of innocence on husband, 22 28 76 
 
 mail carriers not knowingly to carry liquors under 
 
 penalty, 22 29 70 
 
 for selling to minora, forfeiture of license, 22 30 76 
 
 after notice no person to sell liquors under ten gallons, to a 
 person addicted to intemperance — penalty and punish- 
 ment for, ' 22 31 76 
 
 Summons for breach of provisions of cap. 22, need not state 
 that liquor was not contained in original package, or sold 
 without license, or less than ten gallons, 
 
 exceptions must be proved by defendant if set up, 
 
 no particulars necessary on summons, &c. 
 
 not necessary to prove name of party in summons to whom 
 liquor sold — proof of sale to another sufficient, 
 
 defendant may obtain a continuance for eight days, 
 
 prosecutor after continuance not to prove case again — may 
 
 bring additional evidence to establish or rebut, 22 33 77 
 
 persons imprisoned under cap. 22, not entitled to jail limits, 
 
 or benefit of insolyent debtors act, eap. 137— exception, 22 34 77 
 
 22 
 
 32 
 
 76 
 
 22 
 
 32 
 
 76 
 
 22 
 
 32. 
 
 76 
 
 22 
 
 33 
 
 77 
 
 22 
 
 33 
 
 77 
 
22 
 
 35 
 
 77 
 
 22 
 
 36 
 
 77 
 
 .20 
 
 
 
 400 
 
 1 
 
 7 
 
 3 
 
 1 
 
 7 
 
 3 
 
 142 
 
 6 
 
 574 
 
 142 
 
 7 
 
 574 
 
 142 
 
 8 
 
 574 
 
 142 
 
 9 
 
 575 
 
 738 INDEX. 
 
 INTOXICATING LIQUOES, &e. {Continued.) ^^'' ^""^ ^^''"' 
 
 prosecutions limited to six months, 
 
 personal service not necessary, if affidavit of concealment made, 
 schedules, pp. 78 to 80. 
 
 INVENTIONS. See patents, ^c. 
 
 ISSUE, vrord defined. 
 
 JAIL, meaning of word, 
 
 JOINT DEBTORS, SUITS AGAINST— 
 
 one of several defendants, joint debtors, may be arrested, 142 1 574 
 
 one or more defendants served may be proceeded against 
 
 although others from being absent cannot be served, 142 2 574 
 
 joint debtor served may obtain continuance on cause shewn 142 3 574 
 
 absent joint debtor may be let in to defend at any time before 
 
 judgment on application, 142 4 574 
 
 declaration against defendant served to be filed, suggesting 
 names of such defendant as may have been absent when 
 writ served, 142 5 574 
 
 plea of abatement to be disallowed unless under special circum- 
 stances duly verified, 
 replication of bankruptcy or insolvency to plea in abatement, 
 scire facias may issue against joint debtor returning after final 
 
 judgment, 
 on what property execution may be levied, 
 
 JOINT TENANCY, AND TENANCY IN COMMON— 
 
 an estate to two or more persons shall be a tenancy in common 
 unless otherwise expressed, and except to trustees or 
 executors, 116 1 394 
 
 JUDGES— 
 
 must have been barristers of ten years standing, 
 
 not to hold any other ofSce — exception, 
 
 their tenure of office, 
 
 their removal — how aifected, 
 
 bow to be appointed, 
 
 travelling expenses. See salaries. 
 JUSTICE CHIEF. See talaries. 
 JUSTICE, ASSISTANT. See salaries. 34 — 156 
 
 JUDGMENT FOR PENALTY UNDER CHAPTER ^5, how 
 
 levied. 5 8 9 
 
 JURIES— 
 
 qualification of grand juries, 
 
 qualification of petit juries, 
 
 exemption of persons liable to serve on juries, 
 
 mode of appointing committee for preparing and revising 
 jury lists, 
 
 duty of committee — access to public papers, 
 
 lists valid, though the whole committee do not act, 
 
 lists of grand juries to contain names and additions, 
 
 lists of petit juries to contain names and additions, 
 
 35 
 
 1 
 
 157 
 
 35 
 
 2 
 
 157 
 
 35 
 
 3 
 
 157 
 
 35 
 
 4 
 
 157 
 
 35 
 
 5 
 
 157 
 
 34 
 
 — 
 
 156 
 
 34 
 
 
 
 156 
 
 136 
 
 1 
 
 550 
 
 136 
 
 2 
 
 550 
 
 136 
 
 3 
 
 650 
 
 136 
 
 4 
 
 551 
 
 136 
 
 5 
 
 551 
 
 136 
 
 6 
 
 551 
 
 136 
 
 6 
 
 551 
 
 136 
 
 7 
 
 551 
 
136 
 
 10 
 
 155 
 
 136 
 
 11 
 
 552 
 
 136 
 
 12 
 
 552 
 
 136 
 
 13 
 
 552 
 
 INDEX. 739 
 
 JURIES, iX^ontlnned.) '""• ^^^ ^""^ 
 
 general sessions to determine the number of jurors to be sum- 
 moned annually, 136 9 551 
 copy of lists of jurors to be given to clerk of peace and pro- 
 
 thonotary — to be posted up for one month — mode of revi- 
 sing lists — objections to be decided by sessions, 
 when lists corrected, same to be returned to prothonotary, 
 lists to be posted in prothonotary's office — names to be marked 
 
 when last served, 
 remuneration to committee for revising lists, 
 penalty against a justice inserting, or omitting the name of any 
 
 person qualified as a juror, 136 14 552 
 
 mode of proceeding where jurors have not been drawn for the 
 
 the current year, 
 form of revised lists, 
 
 designation of jurors to be written on tickets, 
 revising committee to be drawn annually — duration of, 
 list of petit jurors in Halifax — how prepared, 
 exemption from distance from Halifax, 
 St. Mary's grand jury list — how revised, 
 liability of persons resident in St, Mary's to serve as grand 
 
 jurors, 
 St. Mary's grand jury list — how drawn, 
 prothonotary after return of lists of grand and petit jurors to 
 
 place them in separate boxes, 
 grand jury — how drawn and summoned, • 
 
 Guysborough grand jury — how drawn, 
 foreman of grand jury — how chosen, 
 petit jurors, how drawn and summoned, 
 mode of obtaining a special jury, 
 how drawn, struck, and summoned, 
 return of panel of special jurors, 
 
 Halifax to have two panels of petit jurors for each term, 
 Pictou and Cumberland to have two panels; as in Halifaxf at 
 
 the long terms, .136 33 555 
 
 when jury empannelled not to be discharged although term of 
 
 service expired, 136 34 555 
 
 panel to be called on first day of term, and absent jurors fined, 136 35 555 
 second panel, if not called upon to serve, to be returned into 
 
 boxes as if not drawn, 136 36 555 
 
 grand or petit jurors not attending, names to be returned into 
 
 box, and others summoned forthwith, 
 grand jurors fineable for non-attendance, 
 fines how levied — how, when, and to whom payable, 
 number of jurors in civil cases, 
 jurors not to be deprived of food, 
 pay of jurors, 
 prothonotary to prepare list of jurors, and of their attendance 
 
 and travel, and be paid out of county funds, 
 a fund for payment of jurors to be raised by fees, 
 50 
 
 136 
 
 15 
 
 552 
 
 136 
 
 16 
 
 552 
 
 136 
 
 17 
 
 552 
 
 136 
 
 18 
 
 552 
 
 136 
 
 19 
 
 552 
 
 136 
 
 20 
 
 553 
 
 136 
 
 21 
 
 553 
 
 136 
 
 22 
 
 553 
 
 136 
 
 23 
 
 553 
 
 136 
 
 24 
 
 553 
 
 136 
 
 25 
 
 553 
 
 136 
 
 26 
 
 553 
 
 136 
 
 27 
 
 554 
 
 136 
 
 28 
 
 554 
 
 136 
 
 29 
 
 554 
 
 136 
 
 30 
 
 554 
 
 136 
 
 31 
 
 554 
 
 136 
 
 32 
 
 554 
 
 136 
 
 37 
 
 555 
 
 136 
 
 38 
 
 555 
 
 136 
 
 39 
 
 555 
 
 136 
 
 40 
 
 555 
 
 136 
 
 41 
 
 556 
 
 136 
 
 42 
 
 , 556 
 
 136 
 
 43 
 
 556 
 
 136 
 
 44 
 
 556 
 
740 
 
 INDEX. 
 
 Cap. Seo. Page. 
 
 
 136 
 
 46 
 
 556 
 
 
 136 
 
 47 
 
 556 
 
 
 136 
 
 48 
 
 557 
 
 
 136 
 
 49 
 
 557 
 
 
 136 
 
 50 
 
 557 
 
 
 136 
 
 51 
 
 55T 
 
 
 136 
 
 52 
 
 557 
 
 
 136 
 
 53 
 
 557 
 
 
 136 
 
 54 
 
 557 
 
 
 136 
 
 55 
 
 558 
 
 may be performed 
 
 
 
 
 
 136 
 
 56 
 
 558 
 
 A, 45, 46, 48, 49 
 
 
 
 
 
 136 
 
 57 
 
 558 
 
 
 136 
 
 
 
 558 
 
 JURIES, {Continued.) 
 
 fines on jurors how collected, 136 45 556 
 
 county treasurer to keep account of receipts and payments 
 
 under sections 44, 45, &e., 
 jurors how relieved from fines, 
 pay of talesmen, 
 challenge on part of crown, 
 proceedings in case of illness of juror, 
 amendment of jury list — mode of 
 special jury how drawn and called on trial, 
 petit jurors how drawn and called on trial, 
 a tales may be prayed by either party, 
 challenges without cause may be allowed, 
 duties of prothonotary under this chapter 
 
 by clerk of peace — in what case, 
 duration of sections 31, 40, 41, 42, 43, 4 
 
 and 50, 
 schedule A., 
 
 all jury panels declared legal. See Appendix. — — 677 
 
 JUSTICES OF THE PEACE, PROTECTION OP— 
 
 actions against justices to be actions on the case — malice and 
 
 want of probable cause must be alleged and proved, 150 1 587 
 
 malice and want of probable cause not to be alleged, if justice 
 
 had no jurisdiction, 150 2 587 
 
 if justice had no jurisdiction, cottviction must be quashed 
 
 before action brought, 150 2 587 
 
 no action will lie against justice if no conviction follow war- 
 rant, or if party do not appear, 150 3 58T 
 
 eonviction by one justice and warrant of distress or commit- 
 ment by another, such other justice not liable to an 
 action, 160 4 587 
 
 •where warrant of distress for poor or county rates shall issue, 
 justice issuing same not liable for irregularity or defect in 
 rate, 150 5 588 
 
 supreme court may compel a justice to perform duties of his 
 
 office by rule — proceedings defined, 150 6 588 
 
 BO action shall be brought against a justice for a defective con- 
 viction, when confirmed on appeal, 150 7 588 
 
 actions forbidden by this chapter, if brought, may be set aside 
 by judge of court wherein brought on affidavit, with or 
 without costs, 150 8 588 
 
 ft month's notice of action to be given to justice — contents of 
 
 notice — limitation of action, 150 9 588 
 
 may tender amends or pay money into court — proceedings in 
 
 such cases, 150 10 588 
 
 proof required to be given by a plaintiff in actions against 
 
 justice, 150 11 589 
 
 if plaintiff on trial of action, against justice be proved guilty 
 of offence for which he was convicted, &c., he shall reco- 
 ver nominal damages only, 150 12 589 
 
131 
 
 3 
 
 446 
 
 131 
 
 4 
 
 44.7 
 
 131 
 
 5 
 
 44r 
 
 INDEX. 741 
 
 JUSTICES OF THE PEACE, &c. {Continued.) ^^^' ^"'' ^^^ 
 
 if plaintiff recover a verdict, or judgment pass by default, 
 plaintiff entitled to costs as if this chapter had not 
 passed, 150 13 589 
 
 if malice and want of probable cause be alleged in declaration 
 
 and plaintiff recover any damages, entitled to full costs, 150 13., 589 
 
 JUSTICES OF THE PEACE, JURISDICTION OF IN CIVIL 
 CASES— 
 
 ■where whole dealing does not exceed three pounds, one jus- 
 tice, and when it does not exceed ten pounds, two justices 
 to have jurisdiction — empowered to sue executors or ad- 
 ministrators, 131 1 446 
 
 suit to be conducted in summary form as in the supreme court, 131 2 446 
 
 in cases over five pounds, jury may be obtained — writ not to 
 issue unless statement or note filed, and copy furnished to 
 defendant if required; on final judgment, statement, note, 
 &c., to be returned by justices, &c., on appeal, 
 
 particulars shall be annexed to summons and copy, 
 
 writs shall be directed to and served by county constables, 
 
 copy of writ shall be served on defendant five days before 
 
 return day, 131 6 447 
 
 writs shall be returned to justice by constable, and if required, 
 
 make oath of manner of service, 131 7 44f 
 
 when defendant does not appear, affidavit of service of writ 
 
 must be made, 131 8 447 
 
 no arrest for debt under twenty shillings, nor for less than £5 
 but on special affidavit, 
 
 females or minors not to be arrested under capias, 
 
 persons arrested shall be admitted to' bail in usual manner, 
 
 causes shall be tried between 10 a, m. and 6 p. m., 
 
 if necessary, justices may continue cause for limited periods, 
 and notify parties, 
 
 if jury demanded, venire shall issue for three petit jurors, 
 
 juror not attending when summoned, to forfeit five shillings, 
 to be levied by warrant, 
 
 jurors shall be sworn, hear evidence, retire and return verdict, 
 
 juror may be challenged, and deficiency supplied by other 
 
 qualified person, 131 17 44S 
 
 where action not confessed, claim must be proved under oath, 
 
 although defendant does not appear, 131 18 448 
 
 plaintiff's proof to be confined to statement filed by him, 131 19 448 
 
 defendant relying on a set off to file same, or serve opposite 
 party two days before return of summons, and to be con- 
 fined to its contents, 131 20 448 
 
 if defendant prove set off equal to plaintiff's claim, he shall 
 have judgment ; if less than plain tiff^s claim, plaintiff to 
 have judgment for residue only, with costs ; if set off 
 more than plaintiff's claim, and not exceeding ten pounds, 
 defendant to have judgment for excess, 131 21 448 
 
 131 
 
 9 
 
 447 
 
 131 
 
 10 
 
 447 
 
 131 
 
 11 
 
 44T 
 
 131 
 
 12 
 
 447 
 
 131 
 
 13 
 
 447 
 
 131 
 
 14 
 
 447 
 
 131 
 
 15 
 
 448 
 
 131 
 
 16 
 
 448 
 
742 
 
 INDEX. 
 
 JUSTICES or THE PEACE, &e. {Continued.) 
 
 if defendant tender money before suit, he may pay in same 
 
 before trial, and be entitled to his costs, to be deducted 
 
 from sum paid in, 
 the successful party in all cases to have costs, 
 when judgment recovered execution may issue to enforce the 
 
 same, 
 
 executions shall be returnable in thirty days, 
 
 execution not to issue after year from judgment, except on 
 affidavit of a balance due on judgment, 
 
 constable to levy on personal property, and advertise same for 
 sale for five days, 
 
 sale how conducted — execution to be returned and money paid 
 over to plaintiff — constable may adjourn sale of goods 
 unsold, 
 
 constable selling not to be a purchaser, or sale void, 
 
 for want of goods constable to take body, unless otherwise 
 directed, 
 
 appeal to be allowed on affidavit of dissatisfaction of party with 
 judgment, and bond in double amount, &c., to be prepared 
 by justice — appeal to be applied for within ten days from 
 judgment — execution stayed — bail to be liable until ren- 
 der or appeal bond filed, 
 
 justices, on appeal, to return all papers to protbonotary before 
 first day of term, except notified to the contrary by both 
 parties, 
 
 constable not serving or returning mesne process to forfeit 
 twenty shillings, besides liability to action for damages, 
 
 fine and' proceedings where constable neglects to return exe- 
 cution, 
 
 schedule of forms. 
 JUSTICES OF THE PEACE, DUTIES OF IN CRIMINAL 
 MATTERS— 
 
 persons guilty or suspected of an indictable offence — how to be 
 apprehended, 
 
 may issue warrant to apprehend persons who have or may be 
 suspected to have committed offence on the high seas, or 
 on land beyond the seas, 
 
 manner of proceeding when indictment found and party does 
 not appear, 
 
 warrants under section three, and a search warrant may issue 
 on Sunday, 
 
 information in writing on oath to be first made before 
 warrant issue in first instance, but not requisite if a 
 summons only issue — no objection for a variance avail- 
 able, 
 
 proceedings by warrant and summons — variance may be cause 
 of adjournment, 
 
 warrant need not be returnable at any particular time — when 
 and how executed — effect of variances. 
 
 Cap._ 
 
 Sec. 
 
 Pasb 
 
 131 
 
 22 
 
 449 
 
 131 
 
 23 
 
 449 
 
 131 
 
 24 
 
 449 
 
 131 
 
 25 
 
 449 
 
 lai 
 
 25 
 
 449 
 
 131 
 
 27 
 
 449 
 
 131 
 
 28 
 
 449 
 
 131 
 
 29 
 
 450 
 
 lai 
 
 169 
 
 169 
 
 169 
 
 169 
 
 169 
 
 169 
 
 169 
 
 30 
 
 450 
 
 131 
 
 31 450 
 
 131 
 
 32 450 
 
 131 
 
 33 450 
 
 131 
 
 34 450 
 
 131 
 
 35 450-56 
 
 1 651 
 
 2 652 
 
 3 652 
 
 4 652 
 
 5 652 
 
 6 653 
 T 653 
 
INDEX. 743 
 
 JUSTICES OF THE PEACE, &c. {Continued.) ^^''- ®^"- ''^*'^- 
 
 •warrants how endorsed — proceedings when the prosecutor or 
 any of the witnesses reside in the county where prisoner 
 apprehended, 169 g 653 
 
 evidence for prosecution how secured, 169 9 654 
 
 proceedings how conducted, when a party is charged with 
 an indictable offence — depositions how taken, and when 
 used on trial, 169. iQ 654 
 
 deposition to be read over to prisoner — to be cautioned before 
 
 he says anything— form, 169 11 655 
 
 room where examination taken not deemed an open court, 169 12 656 
 
 recognizance of prosecutor and witness to be taken, and how, 
 
 — papers how and where returned, 169 13 655 
 
 party may be remanded for further examination — order there- 
 for — recognizance for his appearance — and how for- 
 feited, 169 14 656 
 
 proceedings where offence committed in a county where justice 
 
 has not jurisdiction, 169 15 657 
 
 proceedings before justices having jurisdiction — expenses of 
 
 officer, how taxed and defrayed, 169 16 658 
 
 justices may take bail for all offences — treason and felony 
 
 punishable with death, excepted, 169 17 658 
 
 after commitment, how party admitted to bail, 169 18 658 
 
 same subject continued — other than committing justice admit- 
 ting to bail — recognisance to be transmitted to proper 
 officer or committing justice, 169 19 659 
 
 treason and felony punishable with death — bailable only by 
 
 supreme court or judge, 169 20 659 
 
 warrant of deliverance to issue when a party bailed from 
 
 prison, 169 21 659 
 
 if evidence insufficient in opinion of justice, party may be dis- 
 charged, otherwise to be committed or admitted to bail, 169 22 659 
 
 jailor to give constable a receipt for the prisoner, setting forth 
 
 his state and condition, 169 23 659 
 
 forms in schedule to be valid, 169 24 659 
 
 schedules, from page 659 to page 674. 
 
 LABOR, HIGHWAY, EXCEPT IN HALIFAX. See surveyors 
 
 of highways, 63 — 227 
 
 LANDING WAITERS, GUAGERS AND WEIGHERS. See 
 
 officers of customs. 14 — 43 
 
 LANDS, SALE OF, UNDER FORECLOSURE OR MORT- 
 GAGES— 
 amount due on mortgages, with costs, may be paid into court 
 
 —effect of, 117 1 394 
 
 one or more mortgagors absent may be proceeded against as in 
 cases of absent or absconding debtors — mode of proceeding 
 — not necessary to wait two terms, 117 2 394 
 
 parties who, if proceedings were in chancery would be defen- 
 dants, to have notice — mode of giving notice, &c., 117 3 395 
 proceedings to obtain sale of mortgaged premises, 117 4 395 
 
744 
 
 INDEX. 
 
 Cap. 8eo. Pagk. 
 
 117 
 
 6 
 
 395 
 
 117 
 
 7 
 
 395 
 
 117 
 
 8 
 
 395 
 
 127 
 
 12 
 
 414 
 
 139 
 
 1 
 
 562 
 
 139 
 
 2 
 
 562 
 
 139 
 
 8 
 
 562 
 
 139 
 
 4 
 
 562 
 
 139 
 
 5 
 
 562 
 
 139 
 
 7 
 
 563 
 
 139 
 
 8 
 
 563 
 
 139 
 
 9 
 
 563 
 
 139 
 
 10 
 
 563 
 
 139 
 
 11 
 
 563 
 
 LANDS, SALE OF, &o. (Continued.) 
 
 re-hearing, in case of absent or abaconding debtor defendant, 117 5 395 
 
 effect of sheriff's deed — when recorded conveys title of mortga- 
 gor — writ of possession may issue on judgment, 
 proceeds of sale how applied, 
 
 supreme court invested with powers of court of chancery as to 
 proceedings and adjustment of equities between parties, 
 and see equity. 
 
 LANDS, PARTITION OF— 
 
 partition may be as at common law or under this chapter, 
 
 proceedings to be commenced by petition to supreme court, 
 
 by whom petition to be maintained, 
 
 tenant for term of years, unless &e., not to maintain petition, 
 
 duration of partition between tenant for years, 
 
 what petition shall set forth — may be amended at any 
 
 stage, 139 6 562 
 
 petition to be filed — summons to issue, &c., with copy of 
 petition, &c., as a declaration, 
 
 mode of proceeding where some parties are absent, 
 
 a party failing to appear, court may order further notice, 
 
 mode of proceeding when it appears that a party out of pro- 
 vince has not had an opportunity of appearing, 
 
 guardians may be appointed for infant or insane party, 
 
 defendants against whom partition is prayed may appear jointly 
 or separately and may so plead, and further pleading may 
 be had, 139 12 563 
 
 if a party appear and plead, who is not named in petition, 
 petitioner may reply — and mode, 
 
 proceeSing on such replication, 
 
 costs of trial regulated, 
 
 proceedings in case of default, 
 
 when rule for partition passed, commissioners to be appointed 
 — their duties, 
 
 partitioners may have their shares set off jointly or separately 
 
 how commissioners to be sworn, 
 
 notice of partition to be given by commissioners, 
 
 acts of two commissioners valid, 
 
 mode of partition when premises cannot be divided, 
 
 ibid, 
 
 tenant under occupancy as by section 23, liable for injury to 
 premises by misconduct, 
 
 remedy of occupant against co-tenant for trespass on premises, 
 
 commissioners to make return — to be confirmed by court — and 
 regulated, 
 
 return may be set aside and new proceedings had, 
 
 parties and privies to judgment bound thereby, 
 
 parties absent from province whose share reserved may within 
 three years from judgment, apply to court for new par- 
 tition, 
 
 order for new partition discretionary with court, 
 
 139 
 
 13 
 
 564 
 
 139 
 
 14 
 
 564 
 
 139 
 
 15 
 
 564 
 
 139 
 
 16 
 
 564 
 
 139 
 
 17 
 
 564 
 
 139 
 
 18 
 
 564 
 
 139 
 
 19 
 
 564 
 
 139 
 
 20 
 
 564 
 
 139 
 
 21 
 
 564 
 
 139 
 
 22 
 
 565 
 
 139- 
 
 23 
 
 565 
 
 139 
 
 24 
 
 565 
 
 139 
 
 25 
 
 565 
 
 139 
 
 26 
 
 565 
 
 139 
 
 27 
 
 566 
 
 139 
 
 28 
 
 566 
 
 139 
 
 29 
 
 566 
 
 139 
 
 30 
 
 666 
 
139 
 
 34 
 
 567 
 
 139 
 
 35 
 
 567 
 
 139 
 
 36 
 
 567 
 
 INDEX. 745 
 
 LANDS, PARTITION OF, {Continued.) ^''^' ^^°- ^^°"- 
 
 commissioners duty on new partition, 139 31 566 
 
 improvements after first partition to be allowed for, to party 
 who made them, if land taken from him under new par- 
 tition, 139 32 566 
 person not having appeared and claiming to hold premises in 
 severalty, not bound by judgment, but may have his 
 action against any of the parties lo partition, 139 33 566 
 right of action reserved to a party who has not appeared and 
 
 answered petition for a right to share assigned, 
 against whom action to be brought, 
 
 proceedings where two claim the same share before division, 
 defendant against whom judgment on partition may be given 
 not precluded from contesting right with another defen- 
 dant, 139 37 567 
 party not having appeared, &c., to partition, not precluded 
 from suing person holding any share or part of premises 
 under the judgment, 139 38 567 
 redress under section 38 — how obtained, 139 39 567 
 heir or devisee of deceased claimant in writ of partition to stand 
 
 in loco parentis, or testator, 139 40 568 
 
 remedy where a party is evicted by a person having a para- 
 mount title, 
 lien by mortgage or attachment, how affected by partition, 
 suit not to abate by death of a party in a petition, 
 expenses of commissioners to be allowed, and costs to be taxed 
 
 as in other cases, 
 title under judgment of partition, 
 orders of a single judge may be rescinded or altered by court, 
 
 LANDS, SALE OF TO SATISFY EXECUTION DEBTS— 
 
 real estate bound by judgement from time same recorded in 
 county where lands lie — not to be levied upon till expira- 
 tion of one year from registry, 118 1 396 
 
 beneficial interest in lands held in trust may be taken in exe- 
 cution, 118 2 396 
 
 executions against lands may issue within five years from sign- 
 ing judgment without scire facias, 118 3 396 
 
 plaintiff may direct whole or portion of land to be levied upon, 118 4 396 
 
 subsequent judgment creditors may, after one year, compel 
 
 prior judgment creditor to levy, 118 5 396 
 
 neglect to levy after notice, prior judgment creditor to lose 
 
 priority, 118 6 396 
 
 lands to be levied on, without appraisement, at expiration of 
 
 one year — mode of proceeding after levy, 118 7 396 
 
 copies of advertisement to be posted in township or settle- 
 ment, &c., for at least twenty days previous to sale — 
 lands to be sold at public auction to highest bidder, 118 8 396 
 
 defendant may, by notice, select any portion of advertized 
 
 lands to be first sold, 118 9 396 
 
 sheriff to deliver deed to purchaser — its effect, 118 10 397 
 
 139. 
 
 41 
 
 568 
 
 139 
 
 42 
 
 568 
 
 139 
 
 43- 
 
 568 
 
 139 
 
 44 
 
 568 
 
 139 
 
 45 
 
 568 
 
 139 
 
 46 
 
 568 
 
118 
 
 14 
 
 397 
 
 113 
 
 — 
 
 381 
 
 121 
 
 — 
 
 402 
 
 85 
 
 — 
 
 325 
 
 143 
 
 — 
 
 575 
 
 2 
 
 4 
 
 5 
 
 2 
 
 5 
 
 6 
 
 746 INDEX. 
 
 Cap: Sec. Paqb. 
 LANDS, SALE OF UNDER EXECUTION, {Continued.) 
 
 sheriffs deed presumptive evidence of title, 118 11 397 
 
 purchaser to become landlord of tenants in possession at time 
 
 of sale, 118 12 397 
 
 surplus from sale to be disposed of by court, 118 13 397 
 
 titles to land made by sheriff previous to 10th day of April, 
 1841 , not invalidated by any irregularity or defect in pro- 
 ceedings under statute for sale of real estate, provided 
 party has been in possession one year previously, and paid 
 purchase money. 
 
 LANDS, INCUMBERANOES AFFECTING. See deeds, registry of, 
 LEASES AND ESTATES IN LAND. See frauds and perjuries, 
 LEATHER. See inspection of provisions, <^c. 
 LEGACIES. See executors. 
 LEGISLATIVE COUNCIL— 
 
 No one holding any office of emolument under provincial 
 government to continue to hold seat in — proviso, 
 
 member on accepting office to vacate seat in, 
 
 LICENSES FOR SALE OF INTOXICATING LIQUORS.— 
 
 See intoxicating liquors, 22 — 72 
 
 LIGHT HOUSE DUTIES— 
 
 payable on first voyage of vessels registered in the province, 
 
 new vessels exempt from, on conditions, 
 
 vessels cleared on first voyage after Ist Sept. exempt from, 
 
 until 1st April, on payment of half duty, 
 on other vessels than those in section No. 1, 
 on vessels passing through Straits of Canso, 
 this chapter not to extend to her majesty's vessels or steamers, 
 private steamers carrying mails, subject to, 
 commission on receiving, 
 masters of vessels liable to — on refusing or neglecting to pay, 
 
 penalty for, 21 6 71 
 
 vessel may be seized and detained until duty and penalty 
 
 paid, 21 7 71 
 
 duration of chapter, 21 8 71 
 
 LIGHT HOUSES ON ST. PAUL'S AND SCATERIE. See 
 
 Sable Island. 26 6 98 
 
 LIMITATION OF ACTIONS— 
 
 what actions shall be brought within six years, 153 1 599 
 
 promise to pay must be in writing to take case out of the sta- 
 tute ; joint contractors, executors, &c., how to be affected 
 by promise of , other contractor, &c., 153 2 599 
 
 plaintiff, if barred as to one contractor, may recover against 
 
 other, 153 2 600 
 
 in plea of abatement for non-joinder, on proof at trial that 
 action could not be sustained against omitted &c. person, 
 issue shall be found against party pleading, 153 3 600 
 
 21 
 
 1 
 
 70 
 
 21 
 
 1 
 
 70 
 
 21 
 
 1 
 
 70 
 
 21 
 
 2 
 
 71 
 
 21 
 
 3 
 
 71 
 
 21 
 
 4 
 
 71 
 
 21 
 
 4 
 
 71 
 
 21 
 
 5 
 
 71 
 
INDEX, 747 
 
 Cap. Sec. Page, 
 LIMITATION OP ACTIONS, {Continued) 
 
 endorsement of payment by payee not sufficient to take case 
 
 out of statute, . 153 4 600 
 
 set-ofi' due on simple contract within tlie statute, 153 5 600 
 
 promise after full age to pay debt contracted during minority, 
 
 must be in writing, 153 6 600 
 
 provisions of five last sections not to apply to actions com- 
 menced before 1st April, 1853, 153 7 600 
 
 in case of mutual accounts current, cause of action shall be 
 
 taken, to accrue from date of last item proved, 153 8 606 
 
 ■what actions require to be brought within one year, 153 9 600 
 
 within what time actions by or against minors, married 
 
 women, insane persons, &c., must be brought, 153 10 601 
 
 if judgment for plaintiff be reversed or arrested, plaintiff may 
 
 commence de novo within one year, 153 11 601 
 
 entry into lands or action therefor, must be made or brought 
 
 within twenty years, 153 12 601 
 
 minors, married women, and others under disability, may make 
 such entry or bring action within ten years after disabili- 
 ty removed, 
 
 no such action can be brought after forty years, 
 
 actions and claims of her majesty must be made or brought 
 within sixty years after right, 
 
 of actions against a constable, 
 
 of actions against a magistrate, 
 
 of prosecutions for petty offences under cap. 147. 
 
 for penalties under cap. 6, must be commenced within three 
 months after the offence, 
 
 LOTTERIES, OR RAFFLES, See pvhlic morals, offences against, 
 
 LUMBER. See inspection of provisions, <5fc. 
 
 LUNATICS, CUSTODY AND ESTATES OF— 
 
 guardians, how appointed for insane persons, 
 
 allowance for expences incurred by ward, 
 
 power of guardian to pay debts of ward out of personal and 
 
 real estate, &c. &c. 152 3 591 
 
 guardian to manage estate of ward and supply necessaries out 
 of profits, for ward and family, and may sell or mort- 
 gage real estate after licence, 
 
 deeds to be executed by guardian in name of insane person, 
 
 guardians may be removed and new ones appointed — mode 
 prescribed, 
 
 guardians to give bonds — conditions prescribed, 
 
 finding by jury on trial of insane persons — how to be disposed 
 
 of if found insane, 152 8 592 
 
 if on trial for any offence, party found to be insane, court to 
 order such person to be kept in custody, till pleasure of 
 governor in council known, 152 9 592 
 
 apprehension, committal and disposal of insane persons, 152 10 593 
 
 51 
 
 153 
 
 13 
 
 601 
 
 153 
 
 13 
 
 601 
 
 153 
 
 14 
 
 601 
 
 151 
 
 3 
 
 590 
 
 150 
 
 9 
 
 588 
 
 147 
 
 30 
 
 584 
 
 6 
 
 6 
 
 12 
 
 158 
 
 — 
 
 613 
 
 85 
 
 — 
 
 326 
 
 152 
 
 1 
 
 590 
 
 152 
 
 2 
 
 591 
 
 152 
 
 4 
 
 591 
 
 152 
 
 5. 
 
 591 
 
 152 
 
 6 
 
 591 
 
 152 
 
 7 
 
 591 
 
748 
 
 IHDES. 
 
 Cap. Seb. Tahw 
 
 152 
 
 12 
 
 594 
 
 1&2 
 
 13 
 
 594 
 
 1&2 
 
 14 
 
 594 
 
 152 
 
 15 
 
 594 
 
 152 
 
 17 
 
 595 
 
 152 
 
 17 
 
 59& 
 
 152 
 
 18 
 
 595 
 
 152 
 
 19 
 
 595 
 
 152 
 
 20 
 
 sga 
 
 LUNATICS, &o. (Continued.) 
 
 overseers of poor of place of settlement of insane person, nnder 
 order of two justices, to pay all expenses &o. , and where no 
 settlement gained, county treasurer to pay — relations &c. 
 may have charge of insane persons, &c. — aippeal against 
 order, 152 11 598 
 
 expenses to be repaid to overseers of poor and county trea- 
 surer, out of estate of insane person, 
 
 physicians when qualified to act under this cap. 
 
 LUNATIC ASYLUM. 
 
 title and object of asylum, 
 
 management of, in whom vested — term of office, 
 
 treasurer to be elected at first meeting of commfesioners — to 
 
 give bonds — salary, how regulated, 152 1& 595 
 
 medical superintendent to be appointed by governor in coun- 
 cil — salary defined with board and lodging, 
 
 subordinate officials how to be appointed, 
 
 commissioners may make bye laws, subject to approval of 
 governor in council, 
 
 duties and powers of commissioners defined, 
 
 commissioners may hold in trust, grants and donations, 
 
 commissioners not to receive compensation as such, or hold 
 
 offices of emolument connected with hospital, 152 21 595 
 
 medical superintendeat to be chief executive officer, and reside 
 
 on premises, 15>2 22 59& 
 
 duties of medical superintendent defined, 152 23 595 
 
 admission of insane persons to be in. ratio, of insane population 
 
 in counties, 152 24 596 
 
 mode of admission of insane paupers regulated — their main- 
 tenance, how provided for, 152 25 596' 
 
 if expenses of insane paupers are not paid, commissioners may 
 
 collect the same by legal process, 152 26 596 
 
 justicesmay enquire into insanity of person for whose admission 
 application is made, and may commit to hospital if satis- 
 fied of such insanity, provided there be a vacancy, 152 27 597 
 
 patients may be admitted as vacancies occur, under special 
 
 agreement — preference how regulated, 152 28 597 
 
 if friends of indigent patients are unable to continue to pay af- 
 ter six months, overseers of poor on proof under oath, 
 shall pay expense for limited period, 152 29 597 
 
 indigent persons to be charged only actual cost of medical atten- 
 dance, &c,, and when not chargeaWe upon township, &c-, 
 shall pay according to arrangement, 152 39 597 
 
 commissioners may discharge patient on certificate of medical 
 
 superintendent, except in criminal cases, 152 31 597 
 
 bonds for expences of insane patients must be given by parties 
 
 committing them to hospital — ^bond, how to be sued, 152 32 598 
 
 medical certificate necessary before admission of patient, stating 
 
 examination and belief of insanity, 152 33 598 
 
 medical man not to be responsible for such certificate, 152 34 598 
 
INDEX, 
 
 749 
 
 LUNATICS, &c., iContinued.) 
 
 resident officers of hospital, &o., exempt from militia and other 
 duties, 
 
 commissioners authorized to obtain a supply of water for hos- 
 pital—may break up streets, &c., for such purpose, 
 
 proceedings where commissioners require to enter on private 
 lands and cannot agree with proprietors, 
 
 appraisers to be appointed on application to supreme court or 
 two judges— their duties in that capacity, 
 MADMEN AND VAGRANTS— 
 
 madmen may be apprehended under warrant, and secured ia 
 the place of his last legal settlement ; expences to be paid 
 out of property if he have any, if not by inhabitants of 
 poor district, 
 
 who shall be deemed common vagrants— may be summarily 
 convicted and imprisoned for one month, 
 MAILS. See post office, 
 
 MALICIOUS INJURIES TO PROPERTY— 
 punishment for maliciously firing a building, 
 
 setting fire, or casting away, a vessel, 
 
 exhibiting false lights, 
 
 destroying any part of a vessel wrecked or in 
 
 distress, or goods belonging thereto, 
 setting fire to coal mines, 
 setting fire to stacks, coals, or cordwood, 
 placing gunpowder, &c., near buildings, ves- 
 sels, machinery, &c., 
 breaking down saw-mills, dykes, mill-dams, 
 
 or bridges, 
 damaging trees or plants in gardens, fields, or 
 
 streets, 
 eutting, carrying away corn or grain, robbing 
 gardens, &c., breaking down hedges, &c., 
 vehicles, &c., 
 damaging glass, wood, metal work, &>c., in 
 
 any public square or street, 
 killing or maiming cattle, 
 wantonly and cruelly beating cattle, 
 setting fire to corn, grain, or hay, 
 damaging articles in a museum, 
 damaging mines, &c., 
 provision of section 16 not to extend to any damage committed 
 under ground by owners of an adjoining mine, in working 
 same, 
 punishment on second conviction for felony, 
 principals in the second degree, and accessories ia felony, how 
 
 punished, 
 destroying buoys, beacons, &c., how punished, 
 making vessels fast to buoys, beacons, &c., penalty for, 
 
 Cap. Sec. Page. 
 
 152 
 
 152 
 
 152 
 
 152 
 
 35 
 
 598 
 
 36 
 
 596 
 
 37 
 
 598 
 
 37 
 
 598 
 
 104 
 
 1 
 
 375 
 
 104 
 
 2 
 
 375 
 
 23 
 
 — 
 
 80 
 
 166 
 
 1 
 
 625 
 
 166 
 
 2 
 
 625 
 
 166 
 
 3 
 
 625 
 
 166 
 
 4 
 
 625 
 
 166 
 
 5 
 
 625 
 
 166 
 
 6 
 
 625 
 
 166 
 
 7 
 
 625 
 
 166 
 
 1 
 
 8 
 
 625 
 
 166 
 
 9 
 
 626 
 
 166 10 
 
 626 
 
 166 
 
 11 
 
 626 
 
 166 
 
 12 
 
 626 
 
 166 
 
 13 
 
 626 
 
 166 
 
 14 
 
 626 
 
 166 
 
 15 
 
 626 
 
 166 
 
 16 
 
 626 
 
 166 
 
 17 
 
 627 
 
 166 
 
 18 
 
 627 
 
 166 
 
 19 
 
 627 
 
 166 
 
 20 
 
 627 
 
 166 
 
 21 
 
 627 
 
750 
 
 INDEX. 
 
 Cap. Sec. Page. 
 
 166 
 
 22 
 
 627 
 
 166 
 
 23 
 
 627 
 
 166 
 
 24 
 
 627 
 
 166 
 
 25 
 
 627 
 
 162 
 
 — 
 
 617 
 
 108 
 
 1 
 
 378 
 
 108 
 
 2 
 
 378 
 
 98 
 
 2 
 
 364 
 
 98 
 
 3 
 
 364 
 
 98 
 
 4 
 
 365 
 
 159 
 
 1 
 
 614 
 
 159 
 
 2 
 
 614 
 
 MALICIOUS INJURIES TO PROPERTY. {Continued.) 
 
 damaging real or personal property where no specific remedy 
 provided — punishment for, 
 
 aiders and abettors in offences under chapter 166, punishable 
 as principal offenders, 
 
 trespasses under section 22, done under belief of right, or not 
 being wilful or malicious, not within that section, 
 
 fines under section 22, how appropriated. 
 MANSLAUGHTER. See person, offences against the. 
 MANURE, SEA, GATHERING OP— 
 
 sessions may make regulations for gathering sea manure — 
 transgression of orders punishable by fine, 
 
 private rights or interest not to be affected hereby. 
 MARKETS, PUBLIC— 
 
 existing public markets confirmed — sessions may establish other 
 
 markets, 98 1 364 
 
 sessions to make bye-laws, appoint officers, and generally con- 
 trol the markets, 
 
 application of penalties, 
 
 accounts to be rendered annually. 
 MARRIAGE, OFFENCES AGAINST THE LAW OF— 
 
 punishment for bigamy, 
 
 cases excepted out of section 1, 
 
 any person not being thereto duly authorized and solemnizing 
 marriage, or assist or officiate in such celebration, to for- 
 feit not more than £100, or less than £25. 159 3 614 
 MARRIAGE AND DIVORCE, COURT OF— 
 
 governor to be president, chief-justice or judge vice-president, 128 1 426 
 
 vice-president a member of court when governor present, and 
 
 to preside in his absence, 128 2 427 
 
 president, vice-president, and executive council to compose 
 court — vice-president and two councillors a quorum, 
 
 jurisdiction of court defined, 
 
 court may annul marriage, grant alimony, pendente lite, awaxA 
 costs, &c., 
 
 sentence may be enforced by execution as in supreme court, 
 
 process, &c., may be signed by registrar. 
 MARRIAGE AND THE SOLEMNIZATION THEREOF— 
 
 every resident, ordained, officiating minister, may solemnize 
 marriage by license, although not settled minister of con- 
 gregation — every duly ordained minister of any congre- 
 gation of christians, may solemnize marriage by bans or 
 by license, 122 1 403 
 
 marriage licenses to issue as heretofore by governor, to marry 
 without bans, 
 
 penalty for solemnizing marriage without bans or license, 
 
 penalty against minister refusing to publish bans, 
 
 disposal of penalties. 
 MARRIED WOMEN. See deeds by. 
 
 128 
 
 3 
 
 427 
 
 128 
 
 4 
 
 427 
 
 128 
 
 5 
 
 427 
 
 128 
 
 6 
 
 427 
 
 128 
 
 7 
 
 427 
 
 122 
 
 2 
 
 404 
 
 122 
 
 3 
 
 404 
 
 122 
 
 4 
 
 404 
 
 122 
 
 5 
 
 404 
 
 111 
 
 — 
 
 380 
 
Cap. 
 
 Sec. 
 
 Page. 
 
 73 
 
 — 
 
 272 
 
 125 
 
 1 
 
 406 
 
 125 
 
 2 
 
 406 
 
 125 
 
 3 
 
 406 
 
 125 
 
 5 
 
 407 
 
 125 
 
 6 
 
 407 
 
 125 
 
 7 
 
 407 
 
 125 
 
 8 
 
 407 
 
 125 
 
 10 
 
 407 
 
 125 
 
 11 
 
 407 
 
 125 
 
 12 
 
 407 
 
 125 
 
 13 
 
 408 
 
 INDEX. 751 
 
 MARSH AND DIKE LANDS. See sewers, commissioners of. 
 
 MASTERS, APPRENTICES AND SERVANTS— 
 minors may be bound apprentices or servants, 
 how bound under fourteen years of age, 
 how bound above fourteen years of age, 
 indentures to be of two parts, sealed, delivered and certified in 
 
 certain cases by justices, 125 4 406 
 
 parents, guardians, or justices entitled to custody of minor's 
 
 part of indenture, 
 overseers of poor may bind out pauper minors, 
 terms of contract — its duration and conditions, 
 mode of binding out minors by overseers, 
 all monies, &c., paid by master, to be paid or secured for sole 
 
 use of minor, 125 9 407 
 
 duties of parents, guardians, and overseers, in respect of chil- 
 dren bound out, 
 proceedings in case of misconduct of master, 
 justices after hearing on neglect of master to attend, may dis- 
 charge minor, with costs against master and award execu- 
 tion therefor — minor may be bound out anew, 
 proceedings when complaint dismissed, 
 party aggrieved thereby may appeal to supreme court at next 
 
 term, 125 14 408 
 
 apprentice absconding or guilty of misconduct — how pun- 
 ished, 125 15 408 
 MEETING HOUSES, ASSESSMENT FOR THE REPAIRS 
 OF— 
 funds for repairs of churches or meeting houses, to be provided 
 
 for by assessment, and apportioned on pewholders, 
 if assessment not paid in three months, pew may be let, 
 possession of leased pews given by committee — who may sue for 
 
 the rent, 
 if rent of pew not sufficient, second assessment may be made, 
 places of worship of church of England, and of Wesleyan me- 
 
 thodists excepted from operation of chapter, 52 5 199 
 
 MILITIA— 
 
 persons liable to be enrolled in, 
 
 how regiments and battalions formed, 
 
 battalions to be formed into companies — how officered, 
 
 limits of districts of battalions and companies — how formed, 
 
 appointment of adjutant — his duties, 
 
 adjutant, how remunerated, 
 
 salary of adjutant and quarter-master general — exemptions 
 
 from civic office and postage, 29 7 128 
 
 additional firearms and accoutrements, by whom and in what 
 
 cases provided, 29 8 128 
 
 unserviceable arms to be sold, &c. — by whose order, 29 9 128 
 
 improved arms, by whom and to what amount purchased or 
 
 imported, 29 10 128 
 
 52 
 
 1 
 
 199 
 
 52 
 
 2 
 
 199 
 
 52 
 
 3 
 
 199 
 
 52 
 
 4 
 
 199 
 
 29 
 
 1 
 
 127 
 
 29 
 
 2 
 
 127 
 
 29 
 
 3 
 
 127 
 
 29 
 
 4 
 
 127 
 
 29 
 
 5 
 
 127 
 
 29 
 
 6 
 
 128 
 
752 INDEX. 
 
 Cap. Sec. Page. 
 
 29 
 
 11 
 
 128 
 
 29 
 
 12 
 
 128 
 
 29 
 
 13 
 
 128 
 
 29 
 
 14 
 
 129 
 
 29 
 
 15 
 
 129 
 
 29 
 
 16 
 
 129 
 
 29 
 
 17 
 
 129 
 
 29 
 
 18 
 
 129 
 
 29 
 
 19 
 
 129 
 
 29 
 
 20 
 
 129 
 
 29 
 
 21 
 
 129 
 
 29 
 
 22 
 
 129 
 
 29 
 
 23 
 
 129 
 
 MILITIA. (Continued,) 
 
 small companies may be formed and officered, 
 
 limits to remain unaltered, 
 
 flank companies to consist of light infantry, 
 
 governor may establish artillery companies and troops of 
 cavalry, 
 
 limits wherein flank companies to be formed, 
 
 duration of enrolment in certain companies, 
 
 formation of grenadier, light infantry, or rifle companies and 
 troops of cavalry, 
 
 volunteer companies to be first furnished with arms, 
 
 volunteer companies, first for active service, 
 
 provisions of cap. 29 to extend to volunteer companies, 
 
 dress and horses of volunteer companies and troops of cavalry, 
 by whom provided, 
 
 volunteer companies what exempted from, 
 
 no fees on militia commissions, 
 
 artillery, (fee. companies, may make rules for their own go- 
 vernment, and fine for breach, 29 24 129 
 
 trooper not to dispose of his horse without consent of captain 
 — penalty for, '•'!„■;, 
 
 captain to enroll men — penalty for not giving in name, "'- •,, 
 
 removing out of limits of company — name to be enrolled in', 
 district removed to, 
 
 how to prove age if disputed, 
 
 fine for not enrolling and non-attendance, 
 
 men in Halifax regiments, in what company to do duty, 
 
 notice of removal to be given, 
 
 clerks of companies, sergeants, &c. how appointed, 
 
 not obliged to serve out of regimental limits, 
 
 clerks to take oath — form, 
 
 clerks exempt from drafts for actual service, and their duties, 
 
 fine for neglect of duty by clerks, 
 
 sergeant-major, regimental and additional clerks, how ap- 
 pointed, 29 37 131 
 
 sergeant-major and regimental clerk exempt from actual ser- 
 vice — clerk to be sworn into office, 
 
 returns to be made by captains and colonels 
 
 adjutant-general to prescribe forms of returns, 
 
 fine for false return, 
 
 fine on colonel neglecting to make return, 
 
 how and to whom arms to be distributed, 
 
 bond to be given for arms — its form 
 
 bonds to be lodged with captain — fine for not receiving or 
 providing arms and give bond, 
 
 fee for filling up bond, 
 
 persons of age to give bond with one surety — minor with two, 
 
 arms to be returned when required by captain, 
 
 ammunition &o. to be provided by men when ordered by 
 
 governor, 29 48 132 
 
 29 
 
 25 
 
 130 
 
 29 
 
 26 
 
 130 
 
 29 
 
 27 
 
 130 
 
 29 . 
 
 28 
 
 130 
 
 29 
 
 ,29 
 
 130 
 
 29 
 
 30 
 
 130 
 
 29 
 
 31 
 
 130 
 
 29 
 
 32 
 
 130 
 
 29 
 
 33 
 
 130 
 
 29 
 
 34 
 
 130 
 
 29 
 
 35 
 
 130 
 
 29 
 
 36 
 
 131 
 
 29 
 
 38 
 
 131 
 
 29 
 
 39 
 
 131 
 
 29 
 
 40 
 
 131 
 
 29 
 
 41 
 
 131 
 
 29 
 
 42 
 
 131 
 
 29 
 
 43 
 
 131 
 
 29 
 
 44 
 
 131 
 
 29 
 
 44 
 
 182 
 
 29 
 
 45 
 
 132 
 
 29 
 
 46 
 
 132 
 
 29 
 
 47 
 
 132 
 
INDEX. 
 
 MILITIA. (Continued.) 
 
 ammunition and accoutrements to be furnished by men when 
 
 required by governor, 
 fine for appearing at muster -without arms, ice. 
 arms for persons unable to give security, how provided— fine 
 
 on captain not preparing lists, &c. 
 colonels and captains responsible for arms distributed to 
 
 them, 
 arms to be marked on butt with letter M. 
 where arms to be lodged, 
 fine for selling or receiving arms, 
 
 persons about to remove with arms, &c., may be arrested, 
 persons charged restoring arms, &e., to have half the fine or 
 
 term of imprisonment remitted, 
 colonel to order arms, &c., to be inspected at stated times, 
 arms to be returned to captain before removing out of limits of 
 
 company, 
 fine for arms, &c., being dirty, &c., at muster, 
 storing and keeping arms before distribution, 
 discipline, drill, and assembling, under orders of governor, 
 fine on colonels and captains for disobedience of training 
 
 orders, 
 fine for non-attendance or refusing to do duty, 
 clerk to give notice of sitting of board of appeal, 
 boards of appeal — how formed, 
 power and duty of boards of appeal, 
 notice of muster to be given \j clerk, &e. 
 notice of re-assembling — how given, 
 captain to report excuse made to him, if required, 
 fine for non-attendance of officers, 
 may be called into actual service in case of invasion, 
 any portion of militia may volunteer for defence of New 
 
 Brunswick, 
 in sudden attacks — how called out, 
 when on actual service, duties to be regulated by rosters, 
 men to be classed for service, 
 
 on deficiency of arms, men of first class to be first provided, 
 roster to be formed of first class by ballot, for actual service, 
 how cavalry and artillery companies to be drafted and classed, 
 men for actual service how furnished^ and drawn, 
 rotation of service, 
 provision in case of Quakers, 
 men removing from limits of one company, how to fall into the 
 
 ranks of another, 
 more than one son in a family, one exempted, 
 son, or supporter of aged or dependent persons, exempt whilst 
 
 living with and supporting family, 
 assessment on certain persons in army or navy employ in 
 
 Halifax, when regiment called into active service, 
 how assessment levied, 
 
 
 
 753 
 
 Jap. 
 
 Sec. 
 
 Page. 
 
 29 
 
 49 
 
 132 
 
 29 
 
 50 
 
 132 
 
 29 
 
 51 
 
 133 
 
 29 
 
 52 
 
 133 
 
 29 
 
 53 
 
 133 
 
 29 
 
 54 
 
 133 
 
 29 
 
 55 
 
 133 
 
 29 
 
 56 
 
 133 
 
 29 
 
 57 
 
 133 
 
 29 
 
 58 
 
 133 
 
 29 
 
 59 
 
 134 
 
 29 
 
 60 
 
 134 
 
 29 
 
 61 
 
 134 
 
 29 
 
 62 
 
 134 
 
 29 
 
 63 
 
 134 
 
 29 
 
 64 
 
 134 
 
 29 
 
 65 
 
 134 
 
 29 
 
 66 
 
 134 
 
 29 
 
 67 
 
 134 
 
 29 
 
 68 
 
 135 
 
 29 
 
 69 
 
 135 
 
 29 
 
 70 
 
 135 
 
 29 
 
 71 
 
 135 
 
 29 
 
 72 
 
 135 
 
 29 
 
 73 
 
 135 
 
 29 
 
 74 
 
 135 
 
 29 
 
 75 
 
 136 
 
 29 
 
 76 
 
 136 
 
 29 
 
 77 
 
 136 
 
 29 
 
 78 
 
 136 
 
 29 
 
 79 
 
 136 
 
 29 
 
 80 
 
 136 
 
 29 
 
 81 
 
 137 
 
 29 
 
 82 
 
 137 
 
 29 
 
 83 
 
 137 
 
 29 
 
 84 
 
 137 
 
 29 
 
 29 
 29 
 
 85 137 
 
 86 
 
 87 
 
 137 
 137 
 
754 
 
 INDEX. 
 
 Cap Sec. Paqs. 
 
 MILITIA. {Continued.) 
 
 fine for non-oompliance with orders in case of actual service, 
 
 pay of officers and men on actual service, 
 
 if pay below rates given , treasury to make up same, 
 
 watching and warding regulated by roster, 
 
 pay provided for extra labor, 
 
 fine for false alarm, 
 
 districts exposed to attacks by water, defence of provided for, 
 
 in cases of invasion, articles of war operative as governor may 
 
 order, and to be judicially noticed, 
 no officer in regular forces to sit on courts martial, 
 corporal punishment forbidden — sentence of court martial to 
 
 be approved by governor, 
 general courts martial how constituted, 
 oath of officers on general courts martial, 
 twelve officers to concur in sentence of death, 
 judge-advocate how appointed — his oath, 
 sentence of death inoperative without governor's warrant, 
 warrant to direct whether to be hung or shot, 
 warrant sufficient authority — to be read at execution, 
 field officer's trial, who to sit on, 
 general courts martial a court of appeal, 
 if appeal without cause, court may increase punishment, 
 regimental courts martial, who may order — how many to con- 
 sist of— rank of president, 
 regimental courts martial may fine and imprison, 
 officer commanding, to approve of sentence, 
 courts martial may administer oaths — fine for contempt or 
 
 disobedience of orders, 
 relations of prosecutor or prisoner ineligible to sit, 
 accuser not to sit on court martial, 
 expenses of courts of enquiry, how drawn for and paid, 
 in cases of emergency, colonel to furnish drafts, 
 officers for drafts how selected — power of governor, 
 power of governor, in case of disability of men drafted, 
 men called into actual service to supply themselves with 
 
 necessaries, 
 desertion how prevented and punished, 
 powers of governor over drafts, without calling them into 
 
 actual service — drill limited, 
 drill and squad drill defined, 
 fine for non-attendance, 
 commanding officer may fine and commit for misbehavior at 
 
 meeting or on duty — form of commitment, 
 fines for refusal to convey, receive, or detain offenders, 
 fees of non-commissioned officers for conveying offenders to jail 
 
 — mode of payment, 29 125 142 
 
 power of commanding officer over pesrons interrupting militia 
 
 men on duty, 29 126 142 
 
 29 
 
 88 
 
 137 
 
 29' 
 
 89 
 
 138 
 
 29 
 
 90 
 
 138 
 
 29 
 
 91 
 
 138 
 
 29 
 
 92 
 
 138 
 
 29 
 
 93 
 
 138 
 
 29 
 
 94 
 
 138 
 
 29 
 
 95 
 
 138 
 
 29 
 
 96 
 
 138 
 
 29 
 
 97 
 
 139 
 
 29 
 
 98 
 
 139 
 
 29 
 
 99 
 
 139 
 
 29 
 
 100 
 
 139 
 
 29 
 
 101 
 
 139 
 
 29 
 
 102 
 
 139 
 
 29 
 
 103 
 
 139 
 
 29 
 
 104 
 
 139 
 
 29 
 
 105 
 
 139 
 
 29 
 
 106 
 
 139 
 
 29 
 
 107 
 
 139 
 
 29 
 
 108 
 
 140 
 
 29 
 
 109 
 
 140 
 
 29 
 
 110 
 
 140 
 
 29 
 
 111 
 
 140 
 
 29 
 
 112 
 
 140 
 
 29 
 
 113 
 
 140 
 
 29 
 
 114 
 
 140 
 
 29 
 
 115 
 
 140 
 
 29 
 
 116 
 
 140 
 
 29 
 
 117 
 
 140 
 
 29 
 
 118 
 
 141 
 
 29 
 
 119 
 
 141 
 
 29 
 
 120 
 
 141 
 
 29 
 
 121 
 
 141 
 
 29 
 
 122 
 
 141 
 
 29 
 
 123 
 
 141 
 
 29 
 
 124 
 
 142 
 
29 
 
 127 
 
 142 
 
 29 
 
 128 
 
 142 
 
 29 
 
 129 
 
 142 
 
 29 
 
 130 
 
 142 
 
 29 
 
 131 
 
 143 
 
 29 
 
 132 
 
 143 
 
 29 
 
 133 
 
 143 
 
 29 
 
 134 
 
 143 
 
 29 
 
 135 
 
 143 
 
 INDEX. 755 
 
 ..T. Tm-r. ,„ f'AP. Sec. Page. 
 
 MILITIA, (Continued.) 
 
 men exempt from ferriage .and arrest going to, and returning 
 
 from duty, 
 
 persons exempt from enrolment, 
 
 persons exempt from muster except on actual service, 
 
 sickness or infirmity, mode of enquiry into — if proved, per- 
 sons exempt on account of, 
 
 fine on medical men giving false certificates, 
 
 quarter-master to give bonds — commissions on fines, 
 
 quarter-master to render accounts if required by colonel, 
 
 quarter-master sergeant, hovr appointed, 
 
 meetings of officers to make regulations, 
 
 disobedience of ofiicers to orders or regulations, punishable by 
 
 fine— exception, 29 136 146 
 
 accounts of fines and appropriations to be lodged in secretary's 
 office by colonel, 
 
 ■what rules require governor's sanction, 
 
 fines on officers for not attending meetings, 
 
 field officers removing or unattached, liable to certjiin duties, 
 
 officers cashiered, resigning or dismissed, to lose rank and lia- 
 ble to be enrolled, 
 
 officers neglecting to take out commissions to be superseded, 
 
 governor may appoint inspecting officers, 
 
 adjutant and quarter-master general exempt from serving on 
 juries, 
 
 persons of colour may be formed into companies, 
 
 provision for the wounded in actual servics, 
 
 provision for widows of officers and men killed in actual ser- 
 vice, 
 
 fines, how recovered and enforced, 
 
 justices not entitled to fees under cap. 29, 
 
 process under this cap. may be amended until final judgment, 
 
 appropriation of fines, 
 
 fees on commissions issued since 1st Jan. 1853, to be refunded, 
 
 limitation of actions, 
 
 definition of terms, 
 
 limitation of chapter 29, 
 
 old arms may be sold at public auction, 
 
 no money to be paid out of treasury for services under cap. 29 
 
 after 1st August, 1857— exception. 29 157 145 
 
 MILLS AND MILLERS— 
 
 tolls for grinding wheat, &c., regulated, 
 
 tolls for hulling barley, bolting flour, &c., regulated, 
 
 quantity of grain how ascertained, 
 
 fine for taking or demanding illegal toll, 
 
 millers refusing to grind, &c., to forfeit forty shillings— pro- 
 prietors of steam mills may refuse to receive grain, &c. — 
 60 doing shall not be subject to forfeiture, 
 
 millersto keep scales and weights under penalty of £5. 
 
 MINES. See coal mines. 
 52 
 
 29 
 
 137 
 
 *143 
 
 29 
 
 138 
 
 143 
 
 29 
 
 139 
 
 143 
 
 29 
 
 140 
 
 143 
 
 29 
 
 141 
 
 144 
 
 29 
 
 142 
 
 144 
 
 29 
 
 143 
 
 144 
 
 29 
 
 144 
 
 144 
 
 29 
 
 145 
 
 144 
 
 29 
 
 146 
 
 144 
 
 29 
 
 147 
 
 144 
 
 29 
 
 148 
 
 144 
 
 29 
 
 149 
 
 145 
 
 29 
 
 150 
 
 145 
 
 29 
 
 151 
 
 145 
 
 29 
 
 152 
 
 145 
 
 29 
 
 153 
 
 145 
 
 29 
 
 154 
 
 145 
 
 29 
 
 155 
 
 145 
 
 29 
 
 156 
 
 145 
 
 84 
 
 1 
 
 811 
 
 84 
 
 2 
 
 311 
 
 84 
 
 3 
 
 311 
 
 84 
 
 4 
 
 311 
 
 84 
 
 5 
 
 312 
 
 84 
 
 6 
 
 312 
 
 27 
 
 _ 
 
 98 
 
756 
 
 INDEX 
 
 MINISTERS. See marriage and solemnization thereof, 
 MOOSE. See hirds and animals, preservation of. 
 MUNICIPALITIES— 
 
 any county desiring to hare municipal gorefnment, how 
 
 testified, 
 county incorporated under thia chapter, tO' be a body cor- 
 porate &o. &c. 
 council, \Yho to consist of, 
 
 time of elections — mode of— districts to form separate coun- 
 ties, 
 f ten days' notice to be given by sheriff and presiding ofBoer, o-f 
 I time of holding elections, 
 
 division of councillors, 
 
 time of election of councillors for each section, 
 mode of holding and conducting elections, 
 notice to councillors, how and by whom given, 
 presiding officer and clerk to be sworn, 
 vote must be given in district of voter's residence, 
 elector's qualification, 
 councillor's qualification, 
 
 persons disqualified, '^ 
 
 persons exempted from being elected councillors, 
 qualification of warden, 
 
 votes for wai-den, how ascertained and how to qualify, 
 warden not having majority of votes or not qualifying, council 
 
 to choose warden, 
 duration of warden's office — vacancy how supplied, 
 power of presiding officer at elections, 
 
 councillor not to act until he takes oath of allegiance — before 
 whom oath to be taken — penalty — person not qualified as 
 councillor exempt from penalty, 
 how councillor elected in case of death or resignation, 
 how council organized, 
 time of meeting after first year, 
 
 majority of councillors in quorum — compelled to attend under 
 penalties provided by bye-laws — majority to decide all 
 questions, 
 two meetings of council in each year, 
 
 council may have other meetings, giving public notice thereof, 
 clerk and treasurer, how appointed, 
 clerk's duty defined, 
 treasurer's duty defined, 
 
 duration of clerk's office regulated by bye-laws, 
 bye-laws to regulate number of offices held by one person, &a., 
 warden or councillor may resign on payment of a fine— war- 
 den or councillor elected to fill vacancy, to hold office for 
 residue of term — may be re-elected, 
 power of council to make and alter rules and make bye-laws, 
 auditors how appointed — their qualification, 
 
 Dap. 
 
 Se5. 
 
 FjiOiR. 
 
 122 
 
 -— 
 
 405 
 
 92 
 
 — 
 
 355 
 
 133 
 
 133 
 133 
 
 133 
 
 2 
 3 
 
 45& 
 
 459 
 45» 
 
 459 
 
 133 
 
 5 
 
 460 
 
 133 
 
 6 
 
 460 
 
 133 
 
 r 
 
 460 
 
 133 
 
 8 
 
 460 
 
 133 
 
 9 
 
 461 
 
 •133 
 
 10 
 
 461 
 
 133 
 
 11 
 
 461 
 
 133 
 
 12 
 
 461 
 
 133 
 
 13 
 
 461 
 
 133 
 
 14 
 
 461 
 
 133 
 
 15 
 
 462- 
 
 133 
 
 16 
 
 462 
 
 133 
 
 17 
 
 462 
 
 133 
 
 18 
 
 462 
 
 133 
 
 19 
 
 463 
 
 133 
 
 20 
 
 462 
 
 133 
 
 21 
 
 463 
 
 133 
 
 22 
 
 463 
 
 133 
 
 23 
 
 463 
 
 133 
 
 24 
 
 464 
 
 133 
 
 25 
 
 464 
 
 133 
 
 25 
 
 464 
 
 133 
 
 27 
 
 464 
 
 133 
 
 28 
 
 464 
 
 133 
 
 29 
 
 464 
 
 133 
 
 30 
 
 464 
 
 133 
 
 31 
 
 465 
 
 133 
 
 32 
 
 465 
 
 133 
 
 33 
 
 465 
 
 133 
 
 34 
 
 465 
 
 133 
 
 35 
 
 465 
 
133 
 
 36 
 
 465 
 
 133 
 
 37 
 
 466 
 
 133 
 
 38 
 
 466 
 
 133 
 
 39 
 
 466 
 
 133 
 
 40 
 
 466 
 
 INDEX. 757 
 
 SIUNICIPALITIES, {Continued.) ^^"^ ^'''" ^^'"'' 
 
 duty of oiEeea-a, 
 
 power and authority of auditors, 
 
 salary sf warden and councillors, 
 
 councillor's attendance ts be kept by clerk, 
 
 cfines for non-attendance, _ 
 
 councillors to vote sums for the poor, appoint ovei-seers — may 
 
 alter poor districts, 133 41 466 
 
 overseers of poer to account to council instead of sessions — 
 
 functions of council to hear and determine appeal, 133 42 466 
 
 snay appoint committees of their owa body to carry out this 
 
 chapter, &c., 133 43 466 
 
 municipalities to have powers of grand jury imder chap. 46, 
 with respect to monies to be raised, levied and collected, 
 
 appointment of assessors — casual vacancies how filled, 
 
 ■duration of effiee of treasurer, assessors, &c., 
 
 termination of financial year, 
 
 road monies how distributed — appointment of commissioners, 
 
 appropriatioa ef road monies io be returned- to financial 
 secretary, 
 
 duties of commissioners, 
 
 account of commissioners to be returned to municipality clerk, 
 
 council may refer accounts to auditors for further exami- 
 nation, 
 
 appointment of school commissioners, 
 
 municipalities to have authority to purehasei, &c., all real 
 
 estate, &c., required for purposes of corporation, 133 54 468 
 
 jjound keepers, fence viewers, &c., to be appointed by munici- 
 pality, 
 
 l)oard of health hew appointed, 
 
 regulations in respect to rabid animals to be made by corpo- 
 ration, 
 
 also for settisg fire to woods, (fee, 
 
 also for prevention of firea, regulating stoves, &o.. and appoint 
 
 firewards, &c., 133 69 469 
 
 ■council to have power given to general sessions under chapters 
 
 mentioned in this section, 133 60 469 
 
 .clerk of corporation to perform acts required by chapter 105 
 
 to be performed by clerk of licenses, 133 61 470 
 
 .-acts of town clerk under chap. 106 to be performed by officers 
 awthorized by council — municipality counoilior empow- 
 ered to act as justice of peace, 133 62 470 
 
 this chapter not to affect jurisdiction under chap. 157, 158, 
 
 and 160, 133 63 470 
 
 warden, in office, a justice of peace, with same powers, crimi- 
 
 . nai and civil, 133 64 470 
 
 .grand jury and sessions not required to meet in counties 
 where municipalties established — nothing in this chapter 
 to take away or abridge powers of justices of peace in 
 £ertain cases, 
 
 133 
 
 44 
 
 467 
 
 133 
 
 45 
 
 467 
 
 133 
 
 46 
 
 467 
 
 133 
 
 47 
 
 467 
 
 133 
 
 48 
 
 467 
 
 133 
 
 49 
 
 467 
 
 133 
 
 50 
 
 467 
 
 133 
 
 51 
 
 468 
 
 133 
 
 52 
 
 468 
 
 133 
 
 53 
 
 468 
 
 133 
 
 55 
 
 468 
 
 133 
 
 56 
 
 469 
 
 133 
 
 57 
 
 469 
 
 133 
 
 58 
 
 469 
 
 133 65 470 
 
758 
 
 INDEX. 
 
 Cap. Sec. Page. 
 
 133 
 
 66 
 
 470-2 
 
 133 
 
 67 
 
 472 
 
 133 
 
 68 
 
 472 
 
 183 
 
 70 
 
 473 
 
 133 
 
 71 
 
 473 
 
 133 
 
 72 
 
 473 
 
 133 
 
 73 
 
 473 
 
 133 
 
 . 74 
 
 473 
 
 133 
 
 76 
 
 474 
 
 133 
 
 77 
 
 474 
 
 133 
 
 78 
 
 474 
 
 133 
 
 79 
 
 474 
 
 MUNICIPALITIES, (Continued.) 
 powers of council defined, 
 coroners to be appointed by council, 
 snow plough to be procured by council, 
 all powers vested in grand jury, sessions, &o. transferred to 
 
 municipal council, 133 69 
 
 all debts and liabilities to be assumed by council — not to 
 
 authorize or issue notes, or act as bankers, 
 powers and mode of assessing poor and county rates, 
 allowances or per centage to collectors, &c. to be continued to 
 
 be paid after incorporation of counties, 
 bye-laws to be submitted to legislature, 
 wardens to transmit account of receipts and expenditures to 
 
 governor, 
 provisions of this chapter not to extend to any toll bridge or 
 
 to any work under imperial or provincial governments, 133 75 473 
 penalties, how recovered — informer not a competent witness, 
 
 — members of council competent witnesses, 
 expenditures of road monies to be accounted for 
 sheriff's fees on first election — presiding officer's and poll 
 
 clerk's fees, 
 assessment, how recovered, 
 rates for public purposes to be continued until otherwise 
 
 directed by act of legislature, 133 80 474 
 
 this chapter not to repeal or affect provisions of any law now 
 
 in force, except same be inconsistent or repugnant to this 
 
 chapter, 
 returning officer may administer oaths, 
 every officer to be sworn, 
 persons elected under this chapter to take oath in schedule, and 
 
 annex qualification, 133 84 475 
 
 none but naturalized or natural born subjects qualified to vote 
 
 or be elected, 133 85 475 
 
 warden to administer oaths when no provision for administer- 
 ing same by provisions of this chapter, 133 86 475 
 penalty for refusing to take oaths — person not legally qualified 
 
 exempt from penalty, 
 affirmation to be made by certain persons, 
 city of Halifax exempt from provisions of this chapter, 
 actions against criminals how brought, 
 judgment against corporation to bear interest, 
 coroners to be sworn — this chapter not to affect coroners 
 
 already appointed, 133 92 476 
 
 jurisdiction of sessions and grand jury taken away where juris- 
 diction given to municipalities under this chapter, 133 93 476 
 powers of grand jury under certain chapters given to municipal 
 
 corporations, 
 wardens, officers and councillors entitled to protection afforded 
 
 justices of peace and constables, &c., 133 95 477 
 
 133 
 
 81 
 
 474 
 
 133 
 
 82 
 
 475 
 
 133 
 
 83 
 
 475 
 
 133 
 
 87 
 
 475 
 
 133 
 
 88 
 
 476 
 
 133 
 
 89 
 
 470 
 
 133 
 
 90 
 
 476 
 
 133 
 
 91 
 
 476 
 
 133 94 476 
 
133 
 
 96 
 
 477 
 
 133 
 
 97 
 
 477 
 
 133 
 
 98 
 
 477 
 
 133 
 
 99 
 
 477 
 
 133 
 
 100 
 
 477 
 
 133 
 
 102 
 
 478 
 
 133 
 
 103 
 
 478 
 
 133 
 
 104 
 
 478 
 
 INDEX. 759 
 
 Cap Sec Paoe 
 MUNICIPALITIES, {Continued.) 
 
 formation of judicial districts, qualification of judicial com- 
 missioners, 
 
 duration of office of judicial commissioners, 
 
 judicial commissioners not to be appointed from council, 
 
 jurisdiction and authority of commissioners, 
 
 cause of action — one of party must reside in district, 
 
 place and time of meeting of commissioners — duration of 
 
 session and quorum of commissioners, 133 101 477 
 
 commissioners' powers to administer oaths — appeal from their 
 judgment, 
 
 appointment of clerk of districts, 
 
 fees of witnesses, 
 
 power of justices of peace to cease when court of judicial com- 
 missioners come into operation, 133 105 
 
 fees of judicial commissioner, constable and witnesses, pro- 
 vided for, 
 
 salaries of commissioners — not to be employed as attornies, 
 
 municipal corporations may make bye-laws, 
 
 powers — protection of justices transferred to commissioners, 
 
 council may alter district and number of councillors, 
 
 meeting of councillors, 
 
 right of warden to vote, 
 
 provisions of chapter 64 extended to municipalities, 
 
 provisions of chapter 33 extended to municipalities, 
 
 public property of municipality to be under management of 
 council, 
 
 assessment for payment of lands purchased, 
 
 election of warden and councillors by ballot, 
 
 commissioners of sewers to be appointed by council, as also 
 inspectors of lumber, 
 
 commons under control of council, 
 
 power and duties of municipality clerk, 
 
 powers &e. of judicial district commissioners, 
 
 continuance of clauses, 
 
 powers in respect of seamen, 
 
 votes of money other than poor and county rates, how made, 
 
 counties to be laid off in municipal townships, but not dis- 
 turb existing districts, 
 
 division of districts, when to be made, 
 
 number and limits, how decided, 
 
 inhabitants of municipal townships to be bodies corporate, 
 
 number of municipal council, 
 
 first election of municipal councillors, when held, 
 
 succeeding elections when held, 
 
 elections how and when held, 
 
 town reeves, how elected, 
 
 meetings of council, how summoned, 
 
 town reeves to preside at all meetings, 
 
 residence necesssary to qualify to vote, 
 
 133 
 
 106 
 
 478 
 
 133 
 
 107 
 
 478 
 
 133 
 
 108 
 
 478 
 
 133 
 
 109 
 
 479 
 
 133 
 
 110 
 
 479 
 
 133 
 
 111 
 
 479 
 
 133 
 
 112 
 
 479 
 
 133 
 
 113 
 
 479 
 
 133 
 
 114 
 
 479 
 
 133 
 
 115 
 
 479 
 
 133 
 
 116 
 
 479 
 
 133 
 
 117 
 
 480 
 
 133 
 
 118 
 
 480 
 
 133 
 
 119 
 
 480 
 
 133 
 
 120 
 
 480 
 
 133 
 
 121 
 
 480 
 
 133 
 
 122 
 
 480 
 
 133 
 
 123 
 
 480 
 
 133 
 
 124 
 
 480 
 
 133 
 
 125 
 
 481 
 
 133 
 
 126 
 
 481 
 
 133 
 
 127 
 
 481 
 
 133 
 
 128 
 
 481 
 
 133 
 
 129 
 
 481 
 
 133 
 
 130 
 
 481 
 
 133 
 
 131 
 
 481 
 
 133 
 
 132 
 
 482 
 
 133 
 
 133 
 
 482 
 
 133 
 
 134 
 
 482 
 
 133 
 
 135 
 
 482 
 
 133 
 
 136 
 
 482 
 
760 
 
 IlNDEX. 
 
 MUJSrrCIPALITIES, (Continued.) 
 
 township council may divide township into electoral wards — 
 
 appoint polling places, &o. 
 overseers of poor, how appointed, 
 fees paid to officers presiding &c. at first elections, 
 clerk and treasurer to be appointed by each township munici- 
 pality — duties of clerk, 
 wliut portion of act for municipal government of counties are 
 
 to be applicable to township municipalities, 
 words applicable to county to be applicable to township, 
 on township municipalities coming in operation, certain 
 sections shall cease to apply, 
 
 CLAUSES FOR ADAPTING CODNTY MUNICIPALITY TO TOWNSHIP 
 INCORPORATIONS. 
 
 on adopting township incorporations, the following sections to 
 
 apply, 
 no election of county councillors shall take place, 
 town reeves shal constitute municipal council, and shall hold 
 
 office for two years, 
 election for wardens to be from town reeves — how regulated, 
 warden to have authority of county councillor — to serve for 
 
 two years — vacancy, &c., how iilled up, 
 time at which elections are to be held — relative duties of coun- 
 ty and township councils, 
 when election of township councillors is to take place — sepa- 
 ration of county and township affairs — duties of officers, 
 &c., consequent thereon, 
 schedule of oaths, 
 schedule A. 
 MURDER. Bsa person, offences against the. 
 NEW BRUNSWICK BOUNDARY LINE. See appendix. 
 NEWSPAPERS. See post office. 
 NORMAL SCHOOL. See public instruction. 
 NOXIOUS ANIMALS. See sessions: 
 NUISANCES— 
 
 health inspectors appointed by sessions — appointment not to 
 
 exceed one year — their jurisdiction, 
 special court how appointed under this chapter, 
 powers of health inspector defined, 
 shall execute and enforce all sanatory orders, 
 ehall receive compensation — allowed by sessions to form 
 
 county charge, 
 dwelling houses to bo provided with drains, &c., — penalty for 
 
 neglect, 
 privies and vaults, regulations for constructing of, 
 when offensive how to be cleansed — penalty for neglect, 
 only to be emptied at particular period — sexcept by order, 
 waste water to be disposed of as inspector shall direct, 
 special court may order vacating of dwelling house unfit for 
 occupation, 
 
 Cap. 
 
 Sec. 
 
 Page- 
 
 133 
 
 137 
 
 482 
 
 133 
 
 138 
 
 482 
 
 133 
 
 139 
 
 483 
 
 133 140 483 
 
 133 
 133 
 
 56 
 
 141 
 
 142 
 
 183 143 
 
 483 
 483 
 
 484 
 
 133 
 
 144 
 
 484 
 
 133 
 
 145 
 
 484 
 
 133 
 
 146 
 
 484 
 
 133 
 
 147 
 
 484 
 
 133 
 
 148 
 
 484 
 
 133 
 
 149 
 
 484 
 
 133 
 
 150 
 
 485 
 
 133 
 
 — 
 
 485-86 
 
 133 
 
 — 
 
 486 
 
 162 
 
 — 
 
 617 
 
 — 
 
 — 
 
 670 
 
 23 
 
 37 
 
 85 
 
 60 
 
 — 
 
 217 
 
 93 
 
 — 
 
 354 
 
 56 
 
 1 
 
 203 
 
 56 
 
 2 
 
 203 
 
 56 
 
 3 
 
 203 
 
 56 
 
 4 
 
 203 
 
 203 
 
 56 
 
 6 
 
 203 
 
 56 
 
 7 
 
 204 
 
 56 
 
 8 
 
 204 
 
 56 
 
 9 
 
 204 
 
 56 
 
 10 
 
 204 
 
 56 
 
 11 204 
 
56 
 
 15 
 
 205 
 
 56 
 
 16 
 
 205 
 
 56 
 
 17 
 
 205 
 
 56 
 
 18 
 
 205 
 
 S6 
 
 19 
 
 205 
 
 56 
 
 20 
 
 205 
 
 56 
 
 21 
 
 206 
 
 INDEX. 761 
 
 NUISANCES, {Conlinued.) ''^^^ ^^'- ''^'"=' 
 
 cellars or vacant gi-ounds to be cleansed after notice, under 
 
 penalty, 56 12 204 
 
 offensive matter — penalty for placing — how to be removed, 56 13 205 
 
 justices may make order for removal or destruction of offen- 
 sive matter, 5g 14 £05 
 unwholesome food not to be sold— penalty — health inspector 
 
 to destroy, 
 nncleaned fish and offal, orders against how made, 
 sessions may regulate limits for slaughtering cattle, 
 regulations for recovery of penalties— proceeds how disposed of, 
 penalties for breach of orders, or obstruction of officer, 
 action must be brought within six months — prosecution, &o., 
 to ,be conducted by crown officers on removal or appeal to 
 supreme court, 
 fish may be sold anywhere, subject to provisions of this chap. 
 OATHS— justices may administer when no particular direction 
 
 given, 174 
 
 OFFICERS APPOINTED BY GOVERNOR— to remain in office 
 
 during pleasure, 17 5 
 
 OFFICERS OF THE CUSTOMS— 
 
 appointment of collectors — additional officers at out ports, 
 
 and how remunerated, 14 1 42 
 
 collectors to enter into bonds, and if lost certified copy evi- 
 dence, 
 
 board of revenue to require new bonds on death &c. of sureties, 
 
 regular sets of books to be kept by collectors — what to be en- 
 tered therein, and to be produced to financial secretary, 
 
 quarterly returns to be made to receiver general, 
 
 when accounts audited, ten per cent, allowed on amount re- 
 mitted, 
 
 collector not to deal in dutiable articles — penalty, 
 
 duty of collector on resignation or removal — penalty, 
 
 landing waiters, guagers, and weighers — -how appointed, 
 
 duty of guagers and their fees, 
 
 receiver general to superintend collection of duties at Halifax, 
 — allowed a clerk — to give bond — clerk's salary, 
 
 appointment and duty of clerk, 
 
 receiver general, his clerk and collectors may administer oath 
 under acts of colonial revenue, 
 
 penalty for neglect of duty by any officer of colonial revenue, 
 
 penalty for illegally performing the duties and exercising the 
 functions of an officer of colonial revenue, 
 
 ORDERS. See lye Jaws. 
 OVERSEERS OP POOR. See^^oor. 
 OYSTERS. See birds and animals, <^c. 
 PARDON TO FELONS. See criminal justice. 
 PARTITION. See lands, pariilion of. 
 
 14 
 
 2 
 
 42 
 
 14 
 
 3 
 
 42 
 
 14 
 
 4 
 
 42 
 
 14 
 
 5 
 
 42 
 
 14 
 
 6 
 
 42 
 
 14 
 
 7 
 
 42 
 
 14 
 
 8 
 
 43 
 
 14 
 
 9 
 
 43 
 
 14 
 
 10 
 
 43 
 
 14 
 
 11 
 
 43 
 
 14 
 
 12 
 
 43 
 
 14 
 
 13 
 
 43 
 
 14 
 
 14 
 
 44 
 
 14 
 
 15 
 
 44 
 
 1 
 
 7 
 
 4 
 
 89 
 
 — 
 
 337 
 
 92 
 
 12 
 
 353 
 
 16S 
 
 50 
 
 642 
 
 139 
 
 
 
 562 
 
762 INDEX, 
 
 Cap. Sec. Page 
 
 79 
 
 1 
 
 301 
 
 79 
 
 2 
 
 301 
 
 79 
 
 3 
 
 802 
 
 79 
 
 4 
 
 302 
 
 79 
 
 5 
 
 302 
 
 79 
 
 6 
 
 302 
 
 79 
 
 7 
 
 302 
 
 79 
 
 8 
 
 302 
 
 79 
 
 9 
 
 302 
 
 79 
 
 10 
 
 302 
 
 79 
 
 11 
 
 303 
 
 79 
 
 12 
 
 303 
 
 79 
 
 13 
 
 303 
 
 79 
 
 14 
 
 303 
 
 PARTNERSHIPS— 
 
 on termination of partnership of two members only, one may 
 proceed in supreme court against other, and how, 
 
 copy of petition and summons to be served on other partner, 
 
 court on return of writ, may direct by rule selection of arbi- 
 trator by each partner, on proof of only two partners, 
 
 parties not selecting, court may name arbitrators, 
 
 arbitrators appointed to select umpire, 
 
 arbitrators to be sworn before proceeding — oath, 
 
 mode in which arbitrators are to proceed prescribed, 
 
 witnesses compellable to attend under subpoena, 
 
 partners and witnesses to be examined on oath — award to be 
 made by majority and filed — judgment how entered thereon, 
 
 execution may issue on judgment — costs taxed to be recoverable 
 as arbitrators direct — ^payment how enforced, 
 
 judgment of supreme court to be final — ^no suit in equity to 
 be brought, 
 
 conditions and liabilities under which limited partnerships 
 may be formed, 
 
 preliminary proceedings in cases of limited partnerships — 
 requisites of certificate — acknowledgment of same how 
 made — certificate to be recorded, and where, 
 
 certificate must be verified by affidavit of one or more general 
 or special partners — affidavit to be filed, 
 
 terms of such partnership when registered to be published in 
 newspapers and by handbills, otherwise partnership 
 general ; affidavit of publication &o. to be filed — evidence 
 thereof, 79 15 304 
 
 every renewal of such partnership to be certified, recorded, 
 proved, &c., as in case of first formation, otherwise a 
 general partnership, 79 16 304 
 
 every alteration to be a dissolution of partnership, unless re- 
 newed as in section 16, 79 17 304 
 
 partnership to be conducted in names of general partners only, 
 if name of special partner used in firm , deemed a general 
 partner, 79 18 304 
 
 actions to be brought by and against general partners as if no 
 
 special partners existed, 79 19 304 
 
 no part of capital of special partner to be withdrawn during 
 partnership — may receive interest and proportion of 
 profits, 79 20 304 
 
 special partner may examine into business and advise as to 
 
 management, but not transact business for partnership, 79 21 305 
 
 general partner to account to special partners, 79 21 305 
 
 fraud in special partnerships punishable criminally, and by 
 
 civil action by party injured. 79 22 305 
 
 preferential assignments &c. void, as against creditors of part- 
 nership — special partner violating provisions of cap, 79, 
 or assenting thtfeto, to be liable as a general partner, 79 23 &05 
 
79 
 
 24 
 
 305 
 
 79 
 
 24 
 
 305 
 
 92 
 
 
 
 353 
 
 INDEX. 763 
 
 I 
 
 _ _ _ ^ Cap. Sec. Page. 
 
 PARTNERSHIP, {Continue'd.) 
 
 in case of insolvencj or bankruptcy, special partner not to 
 
 «laim as creditor, until creditors satisfied, 
 
 mode by which dissolution of special partnership effected, 
 
 PARTRIDGES* See birds and animals, preservation of. 
 
 PATENTS FOR USEFUL INVENTIONS— 
 
 letters patent how and by whom to be obtained — term not 
 
 exceeding fourteen years, 120 1 400 
 
 patentees of improvement not to make use of, or vend original 
 patented invention, 
 
 ■changes of form or proportion not deemed an improvement, 
 
 fees on patents, 
 
 fees at secretary's office for copies of letters patent, &c., 
 
 oath in writing preparatory to granting letters patent, 
 
 affidavit made in writing in colony where applicant resides, 
 
 ■descriptions, explanations and models, to be deposited in pro- 
 vincial secretary's office before patent granted, 
 
 patentee may assign his rights — assignment to be recorded, 
 
 patentee to have right of action for illegally using or selling 
 
 the invention, &c., 120 10 402 
 
 chapter 120 and the special matter therein may be given in 
 evidence by defendant in action by patentee. 
 
 PAUPERS. See poor. 
 
 See elections. 
 
 120 
 
 2 
 
 401 
 
 120 
 
 3 
 
 401 
 
 120 
 
 4 
 
 401 
 
 120 
 
 5 
 
 401 
 
 120 
 
 6 
 
 401 
 
 120 
 
 7 
 
 401 
 
 120 
 
 8 
 
 401 
 
 120 
 
 9 
 
 402 
 
 120 
 
 11 
 
 402 
 
 89 
 
 
 
 337 
 
 5 
 
 2 
 
 8 
 
 151 
 
 — 
 
 590 
 
 161 
 
 — 
 
 616 
 
 25 
 
 1 
 
 93 
 
 25 
 
 2 
 
 93 
 
 25 
 
 3 
 
 93 
 
 PEACE OFFICERS. See constables. 
 
 See administration of justice. 
 
 PENALTIES— 
 
 how recovered and applied where no particular mode pre- 
 , scribed, 1 7 3-4 
 
 imposition of, not to relieve from liability for special damages 
 
 to injured party. 17 4 
 
 PENITENTIARY— 
 
 to be used as a prison for offenders 
 
 vested in her mnjssty, 
 
 officers dismissed from, mode of removal, 
 
 powers of board to hold meetings and make rules for govern- 
 ment of, ' 25 4 93 
 
 no rules, alteration or revocation of former rules, to be in force 
 
 until approved by governor in council, 25 4 93 
 
 appointment of visitors and their powers, 25 5 93 
 
 board may contract for clothing and maintenance of convicts, 
 and for implements, &c., and employ them in manufac- 
 tures, &c., and sell the manufactures, 25 6 93 
 
 board in each year, and oftener if required, to report to 
 governor, &c. under hands of three of them, state of 
 buildings, &c. — leport to be laid before legislature, 
 
 convicts, how received in, and removed from, 
 
 mode of proceeding in removing convict to, 
 63 
 
 25 
 
 7 
 
 94 
 
 25 
 
 8 
 
 94 
 
 25 
 
 8 
 
 94 
 
25 
 
 10 
 
 94 
 
 25 
 
 11 
 
 94 
 
 25 
 
 11 
 
 94 
 
 25 
 
 12 
 
 95 
 
 764 IKDEX. 
 
 _ , ^ Cap. Sac. FASgy 
 
 PENITENTIARY, {Cmtiniced.) 
 
 keeper to giye receipt for conTict-«"espen8es of removal to be 
 
 paid by county, 25 '8 94 
 
 «on^ict to be examined by medical ofBeer and certificate given, 
 
 before received into, 25 9 94 
 
 convict not to be discharged if sick at expiration of term 
 
 of bis confinement, unless at his own request, 25 19 94 
 
 convict on dischargie to receive such clothing and money as 
 board shall think proper to give him, 
 
 days and number of hours convicts may be employed, 
 
 board, at request of convict, may allow him to work beyond 
 12 hotirs, 
 
 admission of persons in, restricted, 
 
 principal keeper, and officer under him, to have the same pow- 
 ers as sheriff or jailor, over convicts in custody, 25 13 95 
 
 keeper and officers under him, liable to same punishment for 
 
 misbehaviour or negligence to which a jailor is now liable, 25 13 95 
 
 'Convict assaulting keeper or officer under him, to be prosecuted 
 and imprisoned for any time not esceeding two years, 
 additional to term of confinement, 25 14 95 
 
 incorrigible convict may be removed to any other prison or 
 
 place of confinement, by order of governor, 25 15 95 
 
 insane convicts, how disposed of during and after insanity, 25 16 95 
 
 convict breaking prison or escaping, to be punished not exceed- 
 ing three years additional confinement, 25 17 95 
 
 convict guilty of felony after second escape or breach of 
 prison, 
 
 attempt to break prison, &c.., punishment for, 
 
 I rescuing onvict or aiding therein, felony, 
 
 , person having charge of convict, keeper or assistant wilfully 
 allowing convict to escape, though no escape be actually 
 made, guilty of felony, 25 18 95 
 
 ; person aiding in rescuing convict, thoagh no rescue effected, 
 guilty of felony, 
 
 ,paniishment of subordinate officers for misconduct, 
 '< convict or person for any offence under cap. 25, for which not 
 liable to summary convictioii, may be tried in supreme 
 . court in Halifax, or where taken, 
 
 : facts entered in register of, evidence, 
 
 €xpences of, how provided for, 
 
 board and, principal keeper protflcted in the same way as juB- 
 tices are by privisions of legislature, 
 
 limitation <&i actions — ^venue — trial where fact committed, 
 
 , persons convicted of felony under cap. 25, to be imprisoned not 
 more than' fourteen years nor less than one. 
 
 PENSIONS. See salaries. 
 
 .PERSON, OFFENCES AGAINST THE— 
 
 , punishment for murder, and acceeeoriee before the fact to mur* 
 
 ■der, 162 1 617 
 
 25 
 
 17 
 
 95 
 
 25 
 
 17 
 
 95 
 
 25 
 
 18 
 
 95 
 
 25 
 
 18 
 
 95 
 
 25 
 
 19 
 
 96 
 
 25 
 
 20 
 
 96 
 
 25 
 
 20 
 
 96 
 
 25 
 
 21 
 
 96 
 
 23 
 
 22 
 
 96 
 
 25 
 
 23 
 
 96 
 
 25 
 
 24 
 
 96 
 
 34 
 
 _ 
 
 155 
 
162 
 
 2 
 
 617 
 
 162 
 
 3 
 
 617 
 
 162 
 
 4 
 
 617 
 
 162 
 
 5 
 
 617 
 
 162 
 
 6 
 
 618 
 
 162 
 
 7 
 
 618 
 
 162 
 
 8 
 
 618 
 
 INDEX. 765 
 
 PERSON. OFFENCES AGAINST THE, {Continued.) ^^''" ^^°' ^*°'' 
 
 petit treason to be deemed and punished as murder, 
 punishment for manslaughter, 
 
 killing by misfortune or self-defence, &c., not punishable, 
 punishment for poisoning, 
 
 for attempt to commit murder fey any means other 
 than by poison or other destructive thing, 
 although no bodily harm caused, 
 for causing greivous bodily harm, 
 for attempting to cause grievous bodily harm, 
 for unlawfully setting fire to or in any way de- • 
 
 stroy a vessel with intent to commit murder, 
 or endanger the life of a person, 162 9 618 
 
 for impeding person on board endeavoring to save 
 
 life, 
 for attempting to procure abortion, 
 for endeavoring to conceal birth of a child, 
 for rape, 
 
 for abusing a female under ten years of age, 
 for abusing a female between ten and twelve years 
 
 of age, 
 for buggery, 
 carnal knowledge, what shall constitute, 
 punishment for abduction of girls under sixteen years, 
 
 for assault to commit felony, 
 conviction for assault on a trial for felony, party to be subject 
 to punishment by fine or imprisonment. 
 
 PERJUEY. See criminal juttice. 
 
 PETTY OFFENCES, TRESPASSES AND ASSAULTS— 
 
 larcenies under £10, and felonies not capital by juvenile offend- 
 ers, may be tried by sessions, 
 
 trials to take place at court house of county or place, 
 
 mode of proceeding after arrest of prisoner, 
 
 punishment for, 
 
 appeal given — informality not to affect proceedings — affidavit 
 
 required, 147 4 581 
 
 mode of proceeding up to hearing before general or special 
 sessions to be as by sec. 1, cap. 169, and subsequent pro- 
 ceedings same as in civil cases, except to be in queen's 
 name, 
 
 writs, by whom executed, 
 
 conviction, how made and disposed of, 
 
 no fees to be paid to officers and witnesses, but to be remune- 
 rated as in criminal cases, 147 8 582 
 
 powers to be exercised by monthly municipality courts in in- 
 corporated counties, 
 
 foregoing sections not to extend to city of Halifax, 
 
 sessions to make regulations respecting horses, &c., going at 
 large, 
 
 penalty for violating regulations. 
 
 162 
 
 10 
 
 618 
 
 162 
 
 11 
 
 618 
 
 162 
 
 12 
 
 618 
 
 162 
 
 13 
 
 618 
 
 162 
 
 14 
 
 618 
 
 162 
 
 15 
 
 619 
 
 162 
 
 16 
 
 619 
 
 162 
 
 17 
 
 619 
 
 162 
 
 18 
 
 619 
 
 162 
 
 19 
 
 619 
 
 162 
 
 20 
 
 619 
 
 168 
 
 — 
 
 630 
 
 147 
 
 1 
 
 581 
 
 147 
 
 1 
 
 581 
 
 147 
 
 2 
 
 581 
 
 147 
 
 3 
 
 581 
 
 147 
 
 5 
 
 581 
 
 147 
 
 6 
 
 582 
 
 147 
 
 7 
 
 582 
 
 147 
 
 9 
 
 582 
 
 147 
 
 10 
 
 582 
 
 147 
 
 11 
 
 582 
 
 147 
 
 12 
 
 582 
 
766 
 
 INDEX, 
 
 Cap. Sec. Pagb. 
 
 147 
 
 13 
 
 582 
 
 147 
 
 14 
 
 582 
 
 147 
 
 15 
 
 582 
 
 147 
 
 17 
 
 582 
 
 147 
 
 18 
 
 58a 
 
 147 
 
 19 
 
 58a 
 
 PETTY OFFENCES, &c. (Continued) 
 
 one justice to have jurisdiction over trespasses by horses, &c., 
 
 to extent of Ji3, 
 replevin may be granted by a justice on security, 
 form of writ, 
 cause in replevin to be tried by justice, as in ordinary cases of 
 
 debt, 147 16 582 
 
 persons injuring the pasturage of a coramon oy defacing the 
 
 ground, to forfeit not more than twenty shillings, 
 penalty for injuring ornamental trees in public squares, &o., 
 for trespassing on cultivated enclosures, 
 for cutting down or injuring trees on crown or piivate 
 
 lands, 147 20 583 
 
 any person imprisoned under section 20, not entitled to jail 
 limits or benefit of insolvent act, until after five days foB 
 first, and ten days for second offence, 147 20 583 
 
 nothing in sections 19 and 20 to take away from party injured 
 
 his civil remedy, 147 21 585 
 
 offences under sections 7, 8, 9, 16, under jurisdiction of one 
 or more justices of the peace, according to amount of 
 penalty, 147 22 583; 
 
 two justices of the peace may hear and determine in a sum- 
 mary way all common assaults and batteries — forfeiture 
 not to exceed forty sliillings — how and to whom paid, 147 23 685 
 executions may issue for fines and costs — imprisonment not 
 
 . excesding thirty days may be ordered, 
 justices may dismiss complaint and give a certificate thereof, 
 justices may give or withhold costs from either party, 
 when offence aggravated, justices may bind over to supreme 
 
 court, 147 27 584 
 
 compliance with justice's judgment exoneration of party from 
 
 further criminal proceedings, 
 interrupting an authorised surveyor, penalty for, 
 surveyor's civil remedy preserved, 
 prosecutions under this chapter to be commenced within three 
 
 months after offence committed, 
 proceedings to be by summons — form prescribed, 
 PHYSIO AND SURGERY, REGULATIONS CONCERNING 
 PRACTICE OF— 
 persons entitled to recover fees under this chapter, 
 credentials of practitioners to be registered, 
 practitioners previously to 1821, entitled to license on- proof, 
 •• provincial appointments to be held by licensed practitioners, 
 penalty for breach of provisions of this chapter, 
 certified copy of credentials receivable in evidence, 
 PILOTAGE, HARBORS AND HARBOR MASTERS— 
 
 commissioners of pilots to be appointed for certain ports — to 
 
 be sworn — three to form a quorum, 7S 1 295> 
 
 pilots to be examined and selected by commissioners, and receive 
 
 certificate revocable at pleasure — form of, 78 2 295. 
 
 147 
 
 24 
 
 58a 
 
 147 
 
 25 
 
 583 
 
 147 
 
 26 
 
 583 
 
 147 
 
 28 
 
 584 
 
 147 
 
 29 
 
 584 
 
 147 
 
 29 
 
 584 
 
 147 
 
 30 
 
 584 
 
 147 
 
 31 
 
 584 
 
 57 
 
 1 
 
 206. 
 
 57 
 
 "2 
 
 206. 
 
 57 
 
 3 
 
 206. 
 
 57 
 
 4 
 
 206 
 
 57 
 
 5 
 
 206 
 
 57 
 
 6 
 
 20& 
 
78 
 
 5 
 
 29S 
 
 78 
 
 6 
 
 29(> 
 
 78 
 
 7 
 
 296 
 
 78 
 
 8 
 
 29(> 
 
 78 
 
 9 
 
 295 
 
 78 
 
 10 
 
 297 
 
 78 
 
 13 
 
 297 
 
 78 
 
 14 
 
 297 
 
 78 
 
 15 
 
 297 
 
 78 
 
 16 
 
 297 
 
 INDEX- 767 
 
 PILOTAGE, HARBOKS, &c. {Continued.) ' ^''^' ^'"' ^^""'• 
 
 certificate to be numbered, registered, and annually renewed — 
 
 fees thereon — penalty for transfer, 78 3 295 
 
 commissoiners may make bye-laws for certain purposes, to be 
 
 sanctioned by governor in council, 78 4 295 
 
 regulations respecting flags and boats, &e. — penalty for diso- 
 beying, 
 
 penalty for taking pilot to sea against his will, 
 
 pilot entitled to wages if detained after anchorage, &c. 
 
 unlicensed pilots required to surrender vessel to licensed pilots, 
 within certain distances — penalty, 
 
 licensed pilots hailing and not accepted, entitled to certain fees, 
 
 vessels hailed to shorten sail — penalty for not doing so, 
 
 fl.ag to be hoisted by vessel requiring pilot — if no licensed pilot 
 
 offer, unlicensed one may be taken, 78 11 29' 
 
 such unlicensed pilot to surrender to first licensed pilot 
 
 offering, 78 12 29' 
 
 pilot inwards, if offering to same vessel outwards, to be pre- 
 ferred to other pilot — if declined, entitled to fees, 
 
 what vessels exempt from pilotage, 
 
 any one acting in absence of licensed pilot may receive fees, 
 
 harbor master, how appointed, 
 
 harbor master's fees determined by sessions, except in respect of 
 
 navigable river dividing counties, 78 17 298 
 
 harbor masters for Bridgeport and Spanish River, to be ap- 
 pointed by governor in council, 78 18 298 
 
 harbor masters already appointed to continue in office, 78 19 298 
 
 sessions may make regulations for anchorage, &c., of vessels 
 
 — discharge of ballast, &c., — and affix penalties, 78 20 298 
 
 wharfage may be established by sessions, and recovered as a 
 
 private debt, • 78 21 298 
 
 sessions to make regulations respecting buoys, &c. — penalties 
 
 for breach of, 78 22 298 
 
 buoys to be placed, kept in repair, &c., by part of fees collec- 
 ted by harbor masters, under direction of sessions, 
 
 harbor masters fineable for neglect of duty, 
 
 mode of raising funds for purposes of section 22, at St. Mary's 
 and Antigonish, 
 
 certain vessels at St. Mary's exempt from last section, 
 
 harbor master to prosecute for violation of harbor regulations, 
 
 regulations to be approved by governor in council, 
 
 party aggrieved may appeal to supreme court, 
 
 tow-path in Antigonish, how kept in repair. 
 
 Fish-point Bar, county of Yarmouth, protected, 
 
 harbor master at Spanish River to furnish copies of regulations 
 
 to licensed pilot, 
 rates of pilotage regulated by schedule A. 
 harbor master's fees regulated by schedule B. according to 
 
 tonnage — exception , 
 county of Halifax excepted from operation of certain sections, 
 schedules A. and B. 
 
 78 
 
 23 
 
 298 
 
 78 
 
 24 
 
 299 
 
 78 
 
 25 
 
 299 
 
 78 
 
 26 
 
 299 
 
 78 
 
 27 
 
 299 
 
 78 
 
 28 
 
 299 
 
 78 
 
 29 
 
 299 
 
 78 
 
 30 
 
 299 
 
 78 
 
 31 
 
 • 299 
 
 78 
 
 32 
 
 299 
 
 78 
 
 33 
 
 299 
 
 78 
 
 34 
 
 299 
 
 78 
 
 35 
 
 300 
 
 78 
 
 — 
 
 300-1 
 
Cap. 
 
 Sec. 
 
 Page. 
 
 134 
 
 — 
 
 487 
 
 162 
 
 5 
 
 617 
 
 89 
 
 1 
 
 337 
 
 89 
 
 2 
 
 337 
 
 89 
 
 3 
 
 337 
 
 89 
 
 4 
 
 337 
 
 89 
 
 5 
 
 337 
 
 89 
 
 6 
 
 337 
 
 89 
 
 7 
 
 337 
 
 89 
 
 8 
 
 338 
 
 89 
 
 9 
 
 338 
 
 89 
 
 10 
 
 338 
 
 768 INDEX. 
 
 PLEADING AND PRACTICE. See supreme court. 
 POISONING. See person, offences against the. 
 
 POOEr- 
 
 deflnition of word township, 
 
 overseers of poor how appointed, 
 
 settlement how gained — what persons entitled to settlement — 
 persons under age, 
 
 settlement of children regulated, 
 
 settlement of married women regulated, 
 
 legal settlement to cease when new one acquired, 
 
 settlement regulated where poor district divided or new dis- 
 trict erected, 
 
 proceedings preparatory to removal of a pauper regulated, 
 
 overseers of place of settlement refusing to remove pauper, a 
 warrant for his removal may issue, 
 
 persons near of kin to pauper and able, bound to maintain, 
 
 persons forsaking their families having property, such proper- 
 ty may be seized and sold for maintenance, 89 11 338 
 
 children to be supported by township where parents have 
 
 gained a settlement, 89 12 338 
 
 appeals by parties aggrieved, 89 13 338 
 
 on appeal concerning settlement of pauper, justices may order 
 payment to appellants of outlays and expenses, if they 
 decide removal undue, 89 14 339 
 
 costs on appeal or on notice given and not prosecuted, may be 
 
 taxed by justices and to be paid by unsuccessful party, 89 15 339 
 
 if sum taxed be not paid after service of order, it may be 
 
 recovered as private debt — what sufficient proof, 89 16 339 
 
 every township liable to defray expense incurred for relief of 
 
 pauper by person not liable, after notice to overseer, 89 17 339 
 
 penalty for bringing pauper into township not liable to sup- 
 port him, with intent to charge such township, _ 
 
 two meetings shall be held annually in township, 
 
 meetings to be notified by overseers, by advertisement, 
 
 power of inhabitants present at such meetings in voting 
 money, choosing collectors and clerk of poor districts, 
 
 if business cannot be completed, meetings may be adjourned, 
 
 if money voted be insuffiicent, deficeincy may be made up at 
 
 next meeting, 89 23 340 
 
 poor houses maybe erected or hired, and money voted therefor 
 at such meetings — titles to vest in overseers, who shall 
 have control of buildings and submit accounts annually, 89 24 340 
 
 rates shall be collected by general warrant of distress, founded 
 on return of defaulters to be made by collectors — warrant 
 how executed — fees payable thereunder, 89 25 340 
 
 appellants may be relieved by justices and excess refunded, 89 26 341 
 
 no person shall be assessed unless able to pay one shilling 
 
 annually, 89 27 341 
 
 persons thinking themselves overrated may appeal to sessions, 89 28 341 
 
 89 
 
 18 
 
 339 
 
 89 
 
 19 
 
 339 
 
 89 
 
 20 
 
 339 
 
 89 
 
 21 
 
 339 
 
 89 > 
 
 22 
 
 340 
 
INDEX. 769 
 
 __ _ Cap. Sec. Pagb. 
 
 POOR. {Continued.) 
 
 all monies received by overseers shall be applied to purposes 
 
 specified — collectors overholding monies may be sued, 89 29 341 
 
 overseers to render their accounts to clerk of peace within one 
 month after going out of office — provision if no district 
 clerk, 89 30 341 
 
 accounts so rendered shall be audited by sessions, 89 31 341 
 
 overseer appointed and refusing to serve, shall forfeit five 
 
 pounds, 89 32 341 
 
 overseers negl^ting to render accounts, &c., shall forfeit five 
 
 pounds, 89 33 341 
 
 in case of neglect to assess for support of the poor, townships 
 may, on application of overseers, be amerced by the 
 sessions, 89 34 341 
 
 collector appointed and refusing to serve, shall forfeit forty 
 
 shillings, 89 35 342 
 
 collector to account with overseers quarterly, and pay over ' 
 his receipts, and on default, money may be recovered as 
 private debt, 89 36 342 
 
 collector neglecting duty for thirty days after appointment, to 
 
 forfeit five pounds, 89 37 342 
 
 persons obtaining relief may be compelled to refund the same 
 if able to do so, and the amount shall be accounted for as 
 other money, 89 37 342 
 
 assessor shall not be exempt from assessment, and on neglect- 
 ing to assess himself in a just proportion, shall forfeit 
 five pounds, 89 39 342 
 
 commission to collectors settled by sessions— not to exceed five 
 
 percent. 89 40 342 
 
 forfeitures recovered shall be applied to support of poor of 
 
 township, 89 41 342 
 
 district clerk and treasurer may be appointed— must give 
 bonds, 
 
 clerk's duties defined, 
 
 treasurer's duties defined, not to receive any commissions, 
 
 chapter to extend to city of Halifax, except where inconsistent 
 with incorporation act passed in 1851, 
 
 same person may be appointed clerk and treasurer, 
 
 form of warrant of distress given in schedule. 
 
 POOR DISTRICTS— 
 
 established districts confirmed until altered by law, 90 1 344 
 
 on application of twenty or more rate-payers for division into 
 districts, sessions may pass order calling on parties inte- 
 rested, 90 2 344 
 copies of such order setting forth proposed boundaries shall be 
 posted up in township sought to be divided, thirty days 
 previous to ensuing sessions, 
 
 89 
 
 42 
 
 342 
 
 89 
 
 43 
 
 342 
 
 89 
 
 44 
 
 342 
 
 89 
 
 45 
 
 343 
 
 89 
 
 46 
 
 343 
 
 89 
 
 —« 
 
 343 
 
 90 3 344 
 
 at such sessions township may be divided and name gircD, 90 4 344 
 
90 
 
 5 
 
 344 
 
 90 
 
 6 
 
 344 
 
 90 
 
 7 
 
 344 
 
 23 
 
 4 
 
 81 
 
 23 
 
 4 
 
 81 
 
 23 
 
 5 
 
 81 
 
 23 
 
 6 
 
 81 
 
 23 
 
 7 
 
 81 
 
 23 
 
 8 
 
 81 
 
 23 
 
 9 
 
 81 
 
 23 
 
 10 
 
 81 
 
 770 INDEX 
 
 ' Cap. Sec. Page, 
 
 POOR DISTRICTS. (Continued.) 
 
 sesstons may, by order, apportion expenses of present paupers 
 among such districts — future paupers to be chargeable 
 where settlement gained, 
 expenses may be readjusted by subsequent orders of sessions, 
 rates pending at date of first order not to be affected thereby. 
 
 POST OFFICE— 
 
 control of, under governor in council, 23 1 80 
 
 officers of, and posts, to be appointed and established by go- 
 vernor in council, 23 2 80 
 
 postmaster general and deputies to give bonds — in what amount 
 
 and how, 23 3 80 
 
 governor in council may make orders in conformity with cap. 
 23, for carrying out same, &c. 
 
 limitation of penalty for breach of orders, 
 
 orders in council to be published in royal gazette, and laid 
 before legislature, 
 
 rates of postage regulated, 
 
 prepayment of provincial postage optional, 
 
 postage to be retained where received, 
 
 disposition of British and packet postage, 
 
 franking abolished, 
 
 provincial stamps may be prepared, issued, and sold under 
 
 orders of governor in council, 23 11 81 
 
 stamps of other British North American Colonies, evidence 
 of prepayment, 
 
 postage on newspapers abolished,' 
 
 postage on books, printed publications and pamphlets, regu- 
 lated — ^may be altered &o. by governor in council, 
 
 packet postage regulated and apportioned, 
 
 packet postage received, how paid over, 
 
 colonial postage to be paid to receiver general quarterly, 
 
 postmaster general to return to financial secretary quarterly 
 
 accounts of the whole revenue received, 23 15 82 
 
 expense of express mails, subject of agreement between respec- 
 tive governments, •. • 23 16 82 
 
 conditions and provisions may be altered and modified by go- 
 vernor in council, 23 17 82 
 
 government or parliamentary papers free of postage within 
 
 this province, 23 18 82 
 
 conditions to be observed in forwarding printed papers per- 
 mitted to be sent by post, 23 19 83 
 
 printed papers may be examined, to ascertain whether condi- 
 tions complied with, 23 20 83 
 
 postage to be charged if conditions not complied with, 23 20 83 
 
 printed papers may be detained and postage charged thereon, 
 
 if conditions infringed, 23 20 83 
 
 postmaster general, with concurrence of governor in council, 
 to decide whether printed papers entitled to privilege of 
 this cap. 23 21 83 
 
 23 
 
 11 
 
 81 
 
 23 
 
 12 
 
 82 
 
 23 
 
 13 
 
 82 
 
 23 
 
 14 
 
 82 
 
 23 
 
 15 
 
 82 
 
 23 
 
 15 
 
 82 
 
INDEX. 771 
 
 Cai?. Sbo. Faoe 
 POST OFFICE, {Continued.) 
 
 provisions for forwarding printed papers in case party to whom 
 
 addressed has removed, 23 22 83 
 
 masters of ships, other than post office pacl^ets, allowed IJd. 
 for every letter they deliver to post office at first port of 
 arrival, 23 23 83 
 
 if circumstances preyent receipt of money at pjace of delivery, 
 
 an order on postmaster general to be given to master, 23 23 S3 
 
 master to make declaration at place of arrival, 23 23 84 
 
 no vessel permitted to enter or report until declaration made 
 
 and produced to ofBcer of colonial revenue, ' 23 24 84 
 
 all letters to be delivered before bulk broken or entria^ade— 
 
 exceptions — vesselsjin quarantine how letters d^osed of, 23 24 84 
 
 letters on board contrary to cap. 23, to be seized^— officer entitled 
 
 to half penalties, 23 24 84 
 
 agents by whom appointed to demand letters— master to deli- 
 ver all letters on being demanded, 23 24 84 
 
 postmaster general, &c., to appoint way offices — way office 
 
 keeper liable to penalties, 23 25 84 
 
 post accommodation may be extended on terms, 23 26 84 
 
 governor in council, by order in council, may make arrange- 
 nfents with North American colonies or foreign countries 
 for transmission of foreign or colonial newspapers, 23 27 85 
 
 post mark evidence of postage payable — postage recoverable 
 
 as due to her majesty, 23 28 85 
 
 officers of post office and carriers exempt from juries, inquest, 
 
 militia, and town and city offices, 23 29 85 
 
 acts of misconduct — what shall be, and how punished, 23 30 85 
 
 mail carriers not liable to ferriage — ferrymen refusing to con- 
 vey mail carriers, liable to a penalty, 23 31 85 
 
 abettors of ofiences under cap. 23 punishable as principals, by 
 
 summary conviction, 23 32 85 
 
 letters to be forwarded only by mail — exceptions — proviso, 23 33 85-6 
 
 letters sent in contravention of cap. 23 seizable — how disposed 
 
 of, 23 34 86 
 
 by whom and to»whom postage payable — recoverable with 
 
 costs by civil action, 23- 35 86 
 
 powers and duties of postmaster-general — who deemed depu- 
 ties — suits to be brought in name of postmaster-general,. 
 &c. — appointment not traversable except on part of the 
 crown, 
 
 soldiers' and sailors' letters privileged, 
 
 property in letter vested in person to whom addressed, &c.. 
 
 postmaster general not liable for lost letter, except by his own 
 default, 
 
 offences against post office defined and mode of punishment for 
 
 offenders — how indicted, tried and punished, 
 property in letter, &c., to be laid in postmaster general — 
 value of letter &c., not necessary to be stated ia indict- 
 ment, or proved, 23 12 90 
 54 
 
 23 
 
 36 
 
 87 
 
 23- 
 
 37 
 
 87 
 
 23 
 
 38 
 
 88 
 
 23 
 
 38 
 
 88 
 
 23 
 
 40 
 
 88-9 
 
 23 
 
 41 
 
 89-90 
 
772 IKDEX. 
 
 Cap. Sze. Fagb; 
 
 POST OFFICE, (Continued.) 
 
 in indictment against a person in employ of post office, under 
 cap. 23, particulars of employment not necessary — that 
 he was employed in post office at time of commissicm of 
 offence sufficient, " 23 42 90 
 
 postmaster general, with sanction of governor in council, may 
 
 compound suits, 23 43 90 
 
 all pecuniary penalties imposed by cap. 23, or by any ol-der 
 of governor in council, recoverable with costs by post- 
 master general by civil suit, 23 44 91 
 
 penalties to be sued for within one year, 23 44 91 
 
 if penalty exceed £20, offenders may be indicted foy a mis- 
 demeanor, 23 44 91 
 
 on conviction to be punished by fine or imprisonment or both, 
 
 at discretion of court, 23 44 91 
 
 any postmaster or other officer or servant, a competent witness 
 — burthen of proof of act done in eonformity with cap. 
 23, on defendant, 
 
 pay of postmaster general and other officers, 
 
 definition of terms, 
 PRINCIPALS AND ACCESSORIES. See criminal justice. 
 PROBATE COURT— 
 
 judge and registrar how appointed and sworn, 
 
 judge for county where deceased dwelt last, to grant probate, 
 
 where death occurred out of province, probate to be granted 
 where estate lies, 
 
 judge may order division of real estate among next of kin, 
 
 where division cannot be made without prejudice, whole may 
 be offered to sons, &c,, and how, 
 
 order for division, how made — guardian appointed for minor, 
 
 dower may be assigned and set off to widow, 
 
 division to be made, when ordered, by five freeholders, under 
 oath, 
 
 division not valid unless three concur and judge approve, 
 . before judge approves, parties interested must be notified, 
 ' judge may confirm, reject, or amend division, and award and 
 apportion costs to be enforced as in section 45, 
 
 plaiis of division may be ordered by judge, 
 
 in case of insufficiency of personal estate to pay debts, &c., 
 license may be granted to sell, mortgage, or lease real 
 estate, 
 
 such license not be in force beyond one year, . 
 
 license to be entered in registrar's book, and recorded in re^s- 
 try of deeds where lands lie, certified copy to be evidence, 
 
 security for license to be by bond with two sureties, 
 
 if executor or administrator do not give such security within 
 reasonable time, judge may appoint other person to sell, 
 &c., 130 17 430 
 
 vindevised real estate shall be first sold to pay debts, &c., un- 
 less when not in conformity with provisions of will, 130 18 430 
 
 23 
 
 45 
 
 91 
 
 23 
 
 46 
 
 91 
 
 23 
 
 47 
 
 91 
 
 168 
 
 — 
 
 630 
 
 130 
 
 I 
 
 42& 
 
 130 
 
 2 
 
 42S 
 
 130 
 
 3 ' 
 
 428 
 
 130 
 
 4 
 
 428 
 
 130 
 
 5 
 
 428 
 
 130 
 
 6 
 
 429 
 
 130 
 
 7 
 
 429 
 
 130 
 
 8 
 
 429 
 
 130 
 
 9 
 
 429 
 
 130 
 
 10 
 
 429 
 
 130 
 
 11 
 
 429 
 
 130 
 
 12 
 
 429 
 
 130 
 
 13 
 
 429 
 
 130 
 
 14 
 
 429 
 
 130 
 
 15 
 
 429 
 
 130 
 
 16 
 
 430 
 
INDEX. 773 
 
 Cap. -.Smi. Fagi:. 
 PROBATE COURT, (Continued.) 
 
 judge may issue compulsory process, &c., and punish for con- 
 tempt as in court of law, 130 19 430 
 
 letters ad colligendum not to be granted without security, 130 20 430 
 
 when judge interested in estate to particular amount, &c., case 
 to be transferred to judge of adjoinilig county — certified 
 copy of proceedings to be transmitted on settlement, 130 21 430 
 
 KO judge or registrar to fee professionally employed in liis 
 
 court, 130 22 431 
 
 aregistrar to have custody of records, temporary registrar may 
 
 be appMnted during absence or sickness, ' 130 23 431 
 
 registrar shall keep separate books for registering wills, 
 decrees, &c. of sale of real estate, and abstracts of pro- 
 ceedings of court, 130 24 431 
 
 ■executor, or administrator to subscribe oath administered to 
 
 him, ' 130 25 431 
 
 an registering wills, all interlineations &c. not noticed in at- 
 testation, are to be noted at foot so as to make exact 
 transcript, 130 26 431 
 
 original wills not to be taken from office except for produc- 
 tion in supreme court, and on security for safe custody 
 and return, 
 
 -decrees to be regularly filed and registered, 
 
 letters of guardianship, and ad colligendum, to be registered, 
 
 Application for probate, &c., may be verbal — other acts, 
 
 &c., in writing, 130 30 431 
 
 application when verbal, to be made to registrar, who 
 shall enter same and obtain signature of party, and 
 submit it to judge, ' 130 31 431 
 
 ■on application for recording copy of will proved out of 
 province, judge shall order gazette noti^ce of appli- 
 cation and time of hearing same, 13© 32 431 
 
 an applications for administration, &c., rights of absent 
 
 parties t© be reserved, 130 53 432 
 
 •compulsory process to be directed to sheriff, deputy sheriff, 
 
 or coroner, 130 -34 432 
 
 proceedings where executor, &c., required to render 
 account — creditors, &c., of deceased, how cited — 
 citation to be published in gazette, 130 35 432 
 
 ■citation need not fee served on certain parties, unless judge 
 
 so order, 130 36 432 
 
 -any person may serve citation — affidavit of service filed to fee 
 
 sufficient, 130 37 432 
 
 ifinal settlement of estate may be contested fey any one inter- 
 ested, 
 
 .€xecutor, &c., must produce vouchers for all payments over 
 40s. and may fee examined under oath as to estate- of 
 deceased, 
 
 ^iroctor need net fee employed, feut parties may act for them- 
 
 130 
 
 27 
 
 431 
 
 130 
 
 28 
 
 431 
 
 130 
 
 29 
 
 431 
 
 130 38 432 
 
 130 39 432 
 130 40 433 
 
774 
 
 INDEX. 
 
 Cap. Sec. Page, 
 
 PROBATE COURT, (Continued.) 
 
 testimony adduced before judge must be reduced to writing 
 
 and filed, 130 41 433: 
 
 when witnesses to will are distant, absent, sick or 
 aged, deposition taken by authorized person shall be 
 sufficient, 130 42 433- 
 
 hearings may be adjourned and auditors appointed if 
 
 necessary, 130 43 438 
 
 final settlement to be conclusive as to certain specified 
 
 facts, 130 44 433 
 
 costs may be taxed and mode of payment specified — taxatian 
 may be reviewed by supreme court or judge after notice 
 without appeal, 130 45 433 
 
 value of estate in reference to fees ascertained at first by oath 
 
 of executors, &c. 130 46 434 
 
 appeals to supreme court in county or at Halifax provided 
 — appeal to be entered within thirty days, and state- 
 ment filed in court of probate — bond to be filed in 
 penalty of £60 — perfected appeal a stay of proceedings, 130 47 434 
 
 cause may be remitted for further investigation, if court so 
 
 require it, 130 48 434 
 
 appeal may be heard before two judges at chambers, upon rule 
 nisi — if decision confirmed it shall be final — if judgment 
 reversed or altered, party dissatisfied may enter same and 
 argue it before court, 130 49 434 
 
 if appellant neglect to enter appeal after fourteen days' notice, 
 respondent may enter same, and shall be entitled to rule 
 nisi thereon, 130 50 434 
 
 judge of probate upon appeal perfected and fees paid, shall 
 transmit to court to determine appeal, certified copies of 
 all papers connected therewith, 130 51 434 
 
 on neglect of judge to transmit appeal papers, court may en- 
 force same by attachment, 130 52 435 
 
 on special cause shewn appeals may be allowed by supreme 
 court or judge six months after usual time limited there- 
 for, 130 53 435 
 
 costs may be allowed by court on appeal, and mode of pay- 
 ment — payment may be enforced by suit or execution — no 
 suit to be commenced without leave of court of appeal or 
 judge, 130 54 435 
 
 court of appeal may order feigned issues and direct mode of 
 trying same — ^final determination to be conclusive as to 
 facts, 130 55 435 
 
 executors neglecting to prove will or to refuse executorship, to 
 forfeit £5 per month after first month — mode in which 
 same is recoverable, 130 56 435 
 
 where executor refuses to act, administration may pass wilfi 
 
 will annexed, 130 57 435 
 
 upon proof of waste, executor may be ordered to give bonds, 
 and for not complying, his authority may be cancelled, 
 and another executor appointed, 130 58 435 
 
INDEX- 775 
 
 PROBATE COURT, (Continued.) 
 
 order in which and to whom administration shill be granted, 
 
 judge, if next of kin desire it, may aBSooiate another person in 
 the administration, 
 
 administrator of person dying out of province applying to ad- 
 minister on estate of deceased in province, shall be prefer- 
 ably entitled thereto, 
 
 a previous executor, (fcc, may be cited to account by his suc- 
 cessor, 
 
 administrator shall give bonds before entering on duties, 
 
 administrator, on death or insolvency of bondsman, required 
 to give new bond, and for non-compliance new adminis- 
 trator may be appointed, 
 
 bond on new administration to be as nearly as possible in form 
 now used, 
 
 inventory of real and personal estate of deceased to be filed 
 within three months after letters granted, 
 
 if any property come to knowledge of administrator or execu- 
 tor after that period, further inventory to be filed, 
 
 neglect to file an inventory, a forfeiture of five pounds per 
 month, 
 
 certain articles are to be omitted in making inventory, 
 
 estate of deceased to be appraised by two or more disinterested 
 persons appointed by judge — their fees while employed, 
 
 appraisers to assist in making inventory — appraisement war- 
 rant to be returned and filed with inventory, 
 
 appraisers to be sworn before entering on duties, and fact 
 certified, 
 
 advertisement to be published in royal gazette before payment 
 of debts or distribution of estate — demands to be attested 
 as in form, but not to be rejected for mere informality 
 unless creditors notified, 130 73 438 
 
 if executor or administrator a creditor, his account to be filed 
 a month before distribution, verified under oath as in 
 schedule, 130 74 438 
 
 naming a person executor shall not discharge debt due by him 
 to testator, but he shall be liable therefor as for so much 
 assets of estate, 130 75 438 
 
 after eighteen months, payment of just debts, &c. shall be 
 made by executor or administrator, and surplus distribu- 
 ted as directed herein or by will, 130 76 438 
 
 esecutor or administrator may be cited after eighteen months 
 to account and to settle estate of deceased, and judge may 
 adjust claims subject to appeal — costs on citation not to 
 be allowed against executor or administrator until after 
 notice, _ 130 77 439 
 
 after eighteen months, executor or administrator may cite 
 
 co-executor or co-administrator to account, 130 78 439 
 
 in settlement of account, &c., probate court to have powers of 
 chancery court, 
 
 Cap. 
 
 Sec. 
 
 Page. 
 
 130 
 
 59 
 
 436 
 
 130 
 
 60 
 
 436 
 
 130 
 
 61 
 
 436 
 
 130 
 
 62 
 
 436 
 
 130 
 
 63 
 
 436 
 
 130 
 
 64 
 
 436 
 
 130 
 
 65 
 
 437 
 
 130 
 
 66 
 
 437 
 
 130 
 
 67 
 
 437 
 
 130 
 
 68 
 
 437 
 
 130 
 
 69 
 
 437 
 
 130 
 
 70 
 
 437 
 
 130 
 
 71 
 
 438 
 
 130 
 
 72 
 
 438 
 
 130 79 439 
 
776 INDEX. 
 
 Cap. Sbo. Paob 
 
 PKOBATB COURT, {Continued.) 
 
 judge may order distribution of Surplus assets among parties 
 
 entitled, 130 80 439 
 
 judge, on application, may order money in hands of executor 
 or administrator to be paidinto bank to credit of the es- 
 tate — not to be paid out except by order of court, 130 81 439 
 
 where deceased had contracted for sale, &c., of any estate, 
 judge may declare administrator, trustee to carry out such 
 contract, and execute conveyance accordingly, 130 82 439 
 
 estate may be declared insolvent on oath of executor or admi- 
 nistrator by order of judge, such order to be pleaded in 
 bar to any action — judge empowered to adjust creditoi's 
 claim on petition, subject to appeal, 130 83 439 
 
 order of distribution of insolvent estate — what claims pre- 
 ferred, 130 84 440 
 
 mortgages and judgments not affected by 84th section as to 
 J value of lands bound thereby — holders thereof to rank on 
 estate for balance as creditors — widow's dower and certain 
 other claims not affected, 130 85 440 
 
 where estate divisible among collateral heirs and division 
 will cause prejudice to estate, judge may order whole 
 to heirs in rotation of seniority, on giving security to pay 
 portions to others entitled, 130 86 440 
 
 proceedings as to order, &c., to be as in section 6 — ages 
 
 of heirs, how ascertained, 130 87 441 
 
 administrator de boms non may execute conveyance of 
 lands agreed to have been made by deceased executor or 
 trustee, &c., 130 88 441 
 
 if action brought by such deceased executor, on such agree- 
 ment, and judgment obtained, administrator de bonis non 
 may recover sum due thereunder, 130 89 441 
 
 when license to sell real estate obtained, thirty days' notice 
 must be given in gazette and by handbills, of time and 
 place of sale, 130 90 441 
 
 executors may adjourn sale for thirty days, and put up notices 
 
 thereof, 130 91 441 
 
 affidavit of executor, &c., filed one year after sale, to be evi- 
 dence of time, place, &c., 130 92 441 
 
 deeds, &c., made under license, to have same effect as if made 
 
 by deceased, 130 93 441 
 
 after year from probate, schedule of desperate debts may be 
 filed by executor with afiidavit — same to be distributed 
 equitably among creditors, 130 . 94 442 
 
 conveyance under this chapter registered, to be presumptive 
 evidence of regularity of proceedings on which it is 
 founded, 130 95 442 
 
 commissions may be allowed to executors or administrators, 
 
 and adjusted by court, 130 96 442 
 
 specific legacy to executor, unless renounced by him, shall be 
 
 in lieu of commission, 130 97 442 
 
130 
 
 99 
 
 442 
 
 130 
 
 100 
 
 442 
 
 
 1 
 
 675 
 
 158 
 
 — 
 
 613 
 
 81 
 
 — 
 
 308 
 
 43 
 
 1 
 
 166 
 
 43 
 
 2 
 
 166 
 
 INDEX. 777 
 
 PROBATE COURT, {Continued.) ^^^' ^'"'- ^^''''• 
 
 judge of probate may appoint surrogate, during absence, 130 98 442 
 
 oath required to be taken before judge or register, may be ad- 
 ministered by person authorized by judge, if witness sick, 
 aged, or living thirty miles distant, 
 
 forms in schedule to be observed as nearly as possible, 
 
 schedule of forms from page 443 to page 446. 
 
 disqualified from holding seats in legislative or executive coun- 
 cil or house of assembly — appendix. 
 PROFANE SWEARING. See public morals, offences against. 
 PROMISSORY NOTES. See bills of exchange. 
 PROTHONOTARIES AND CLERKS OF THE CROWN— 
 
 office of, for whole province, abolished, 
 
 J. W. Nutting to continue to hold office for Halifax county, 
 
 to be appointed for each county except Halifax, by governor 
 
 in council, 43 3 166 
 
 to make annual return of fees to receiver general, and pay 
 over one third to him, to be paid to J. W. Nutting 
 during his incumbency, provided he receive no more 
 in any one year than with his emoluments amount 
 to £500, 43 4 166 
 
 preceding proviso not to apply to his salary as clerk of 
 crown, 
 
 to give bonds, 
 
 duties of, in crown cases defined, 
 
 may retain £10 annually as compensation for such services, 
 
 monies paid into treasury from Cape Breton, under fourth sec- 
 tion ^ to whom to be paid over, 43 9 167 
 
 salary of J. W. Nutting not to be afiected by seventh and 
 
 eighth sections, 43 10 167 
 
 disqualified from becoming members of legislature or executive 
 council or house of assembly, and from what period, 
 appendix. 1 675 
 
 PROVINCIAL LOAN, appendix, page 677. 
 authorized, 
 , money how drawn, 
 how repaid, 
 
 accounts to be laid before committee of legislature, 
 PROVINCIAL SECRETARY, See salaries and costs and fees, 
 PUBLIC ACCOUNTS, See receiver general and financial secre- 
 tary, 
 PUBLIC PROPERTY, See commissioners of 
 
 PUBLIC PROPERTY, TRUSTEES OF— 
 
 trustees of public property to be appointed by sessions — record 
 
 to be kept — trustees a body corporate, 97 1 363 
 
 land and property conveyed, vested, or dedicated for twenty 
 years before passing of this chapter, &o., to be vested in 
 trustees, 97 2 363 
 
 43 
 
 5 
 
 167 
 
 43 
 
 6 
 
 167 
 
 43 
 
 7 
 
 167 
 
 43 
 
 8 
 
 167 
 
 
 1 
 
 677 
 
 
 2 
 
 677 
 
 
 3 
 
 677 
 
 
 4 
 
 678 
 
 34 
 
 — 
 
 155 
 
 36 
 
 — . 
 
 158 
 
 24 
 
 
 
 92 
 
778 
 
 INDEX. 
 
 PUBLIC PROPERTY, (Continued.) 
 
 all such lands to be leased by trustees subject to control of 
 
 sessions, 
 leases limited to seven years, 
 bye-laws how made, 
 
 accounts of trustees to be rendered annually to sessions, 
 penalties and rents how recovered, 
 expense of trustees to form a county charge, 
 what lands and buildings exempt from this chapter, 
 sessions to appoint trustees of school lands, &c., 
 vacancies how filled. 
 PUBLIC INSTRUCTION- 
 PART FIRST. 
 governor in council to appoint superintendant of edu- 
 cation, commissioners of schools and trustees of aca- 
 demies, • 
 present school districts confirmed, 
 
 school districts may be formed, sub-divided, and altered, 
 and may lie in two counties and be partially assisted by 
 each, 
 schpol trustees to be elected by rateable inhabitants of 
 
 district, 
 commissioners to appoint clerk — to give bonds — his duty and 
 
 fees, 
 what schools, entitled to be entered for participation in 
 
 grant, 
 commissioners shall examine teachers and grant licences,' 
 trustees accounts, how to be rendered to obtain allowance, 
 penalties on trustees or teachers for rendering false returns, 
 if majority of inhabitants agree to raise money for school pur- 
 poses, trustees to appoint assessors to levy same on district 
 in manner prescribed in case of poor rates, 
 amount of public allowance for academies, grammar, and com- 
 mon schools, 
 mode in which grammar school allowance is to be divided, 
 mode in which common school allowance is to be drawn and 
 
 apportioned by commissioners, 
 poor scholars, not exceeding eight, to be taught gratuitously 
 commissioners to make annual returns to governor, of receipts 
 and disbursements duly certified, and report of their pro- 
 ceedings, 
 conditions under which alone allowance is payable, 
 higher branches of education required to be taught at grammar 
 
 schools, \ 
 
 amount of contribution and number of scholars necessary to 
 
 entitle grammar school to allowance, 
 schools where instruction is in foreign languages, may parti- 
 cipate in grant, 
 academies receiving assistance, required to teach certain 
 branches, 
 
 )AP. 
 
 Sec. 
 
 Page, 
 
 97 
 
 3 
 
 363 
 
 97 
 
 4 
 
 363 
 
 97 
 
 5 
 
 363 
 
 97 
 
 6 
 
 363 
 
 97 
 
 7 
 
 363 
 
 97 
 
 8 
 
 364 
 
 97 
 
 9 
 
 364 
 
 97 
 
 10 
 
 364 
 
 97 
 
 11 
 
 364 
 
 60 
 
 1 
 
 209 
 
 60 
 
 2 
 
 209 
 
 60 
 
 3 
 
 209 
 
 60 
 
 4 
 
 209 
 
 60 
 
 5 
 
 209 
 
 60 
 
 6 
 
 209 
 
 60 
 
 7 
 
 210 
 
 60 
 
 8 
 
 210 
 
 60 
 
 9 
 
 210 
 
 60 
 
 10 
 
 210 
 
 60 
 
 11 
 
 211 
 
 60 
 
 12 
 
 211 
 
 60 
 
 13 
 
 211 
 
 60 
 
 14 
 
 211 
 
 60 
 
 15 
 
 211 
 
 60 
 
 16 
 
 211 
 
 60 
 
 17 
 
 212 
 
 60 
 
 18 
 
 212 
 
 60 
 
 19 
 
 212 
 
 60 
 
 20 
 
 212 
 
INDEX. 779 
 
 PUBLIC INSTRUCTION, (Continued) *'^''" ^^°- ^^^"^ 
 
 trustees of academies may make bye-Jaws, to be approved by 
 
 governor in council, 
 returns required to be made by trustees of academies, 
 public examination to be held by trustees half yearly, 
 ■what necessary to entitle academy to participate in grant, 
 trustees of academies incorporated — their name of office, 
 duty of superintendent of education defined, 
 shall hold annual meetings at which commissioners and 
 licensed teachers may attend — proceedings at such meet- 
 ings, 
 clerks to keep lists of licensed teachers — distinction of merit, 
 further duty of superintendent, and instructions for his gui- 
 dance, 
 academies may be visited by superintendent, inspected, &c., 
 money to purchase books, &c., may be advanced on requisition 
 of superintendent — how books, &c., shall be distributed, 
 money for establishment of school libraries granted, 
 contingencies and travelling expenses of superintendent fixed, 
 real estate may be hdd by commissioners in trust, for erecting 
 
 school houses, &c., 
 clergy and magistrates of county, visitors of schools therein, 
 commissioner not to be teacher or clerk while in office, 
 superintendent, teachers of academies and licensed teachers, 
 
 exempt from certain public duties, 
 chapter 60 how long to continue in force, 
 schedule A., distribution of grammar school monies, pp. 214 to 
 
 216, 
 schedule 7?., distribution of common school monies, pp. 216 to 
 217. 
 
 SECOND PART. NORMAL SCHOOL 
 
 shall be founded in central and convenient locality, 
 buildings to be erected by commissioners — cost provided for, 
 superintendent and teachers how appointed — their salaries, 
 annual allowance for fuel, books, &c., how drawn and ex- 
 pended, ^ 
 shall be under the management of fiv5 directors, 
 boards of commissioners to have the right to send pupils, and 
 
 to afford them pecuniary aid — qualification of pupils, 
 additional number may be received under certain conditions, 
 pupils not intending to teach in the provincemay be admitted, 
 pupils to be examined and when — scale of certificates as gra- 
 duates — conditions with reference to certificate, 
 holder of certificate entitled to license, if not ef bad character, 
 principal may send three graduates as free students, 
 annual public examination established, 
 principal and assistants exempted from certain public duties, 
 model schools at Truro to be considered part of normal school, 
 Buch model schools to be considered as schools of district in 
 
 Colchester, 00 53 219 
 
 55 
 
 60 
 
 21 
 
 212 
 
 60 
 
 22 
 
 212 
 
 60 
 
 23 
 
 212 
 
 60 
 
 24 
 
 212 
 
 60 
 
 25 
 
 213 
 
 60 
 
 26 
 
 213 
 
 60 
 
 27 
 
 213 
 
 60 
 
 28 
 
 213 
 
 60 
 
 29 
 
 213 
 
 60 
 
 30 
 
 213 
 
 60 
 
 31 
 
 213 
 
 60 
 
 32 
 
 214 
 
 60 
 
 33 
 
 214 
 
 60 
 
 34 
 
 214 
 
 60 
 
 35 
 
 214 
 
 60 
 
 36 
 
 214 
 
 60 
 
 37 
 
 214 
 
 60 
 
 38 
 
 214 
 
 60 
 
 ~ 39 
 
 217 
 
 60 
 
 40 
 
 •217 
 
 60 
 
 41 
 
 217 
 
 60 
 
 42 
 
 217 
 
 00 
 
 43 
 
 217 
 
 CO 
 
 44 
 
 218 
 
 60 
 
 45 
 
 218 
 
 00 
 
 46 
 
 218 
 
 00 
 
 47 
 
 218 
 
 00 
 
 48 
 
 218 
 
 60 
 
 49 
 
 218 
 
 60 
 
 50 
 
 219 
 
 00 
 
 51 
 
 219 
 
 00 
 
 52 
 
 219 
 
780 INDEX. 
 
 Cap. Sec. Page. 
 
 60 
 
 54 
 
 219 
 
 60 
 
 55 
 
 219 
 
 60 
 
 56 
 
 219 
 
 60 
 
 57 
 
 219 
 
 60 
 
 58 
 
 219 
 
 158 
 
 1 
 
 613 
 
 158 
 
 2 
 
 613 
 
 158 
 
 3 
 
 613 
 
 158 
 
 4 
 
 613 
 
 PUBLIC INSTRUCTION, {Continued.) \ 
 
 teachers of model schools to be chosen in same manner as 
 teachers of normal school, i 
 
 salaries of teachers settled, and the source of endowment, 
 
 code of rules to be drawn up by superintendent, 
 
 principal authorised to grant diplomas,, 
 
 amount and division of coramon school allowance, 
 
 when school district intersected by lines of educational district, 
 it shall be assisted by commissioners of educational 
 district, 60 59 220 
 
 the grant of three grammar schools in county of Cape Breton, 
 
 may be applied to two only, 60 60 220 
 
 all previous undrawn grammar school monies to revert to 
 revenue, as also all future grants undrawn during 
 year. 60 61 220 
 
 PUBLIC MORALS, OFFENCES AGAINST— 
 fine and punishment for drunkenness, 
 incest, punishment for, 
 keeping a gambling, bawdy, or disorderly house — punishment 
 
 for, 
 who to be deemed keeper of such houses, 
 keeper of such houses may be summarily tried and punished, 
 
 if in city of Halifax, before police court, 158 5 613 
 
 any justice of peace, or, if in city of Halifax, the mayor or any 
 
 alderman, may, day or night, enter any house, &c. 
 fine for profane swearing, 
 lotteries and raffles, penalties therefor. 
 
 PUBLIC PEACE, OFFENCES AGAINST— 
 
 twelve or more persona remaining riotously assembled after 
 
 proclamation made — punishment for, 
 form of proclamation, 
 
 punishment for opposing party making proclamation, 
 punishment for remaining together after proclamation ob- 
 structed, knowing of the same, 160 4 615 
 three or more assembled together with intent to execute com- 
 mon purpose with force and violence, or calculated to 
 cause terror, having no authority therefor, to be impri- 
 soned for a term not exceeding three years, 160 5 615 
 any persons unlawfully assembled together and damaging or 
 destroying churches, chapels, meeting houses, buildings, 
 erections, or manufactural machinery, to be imprisoned 
 not exceeding two years, 160 6 615 
 punishment for fighting in a public place likely to cause ter- 
 ror, to be imprisoned not exceeding three months, 
 punishment where two or more carry dangerous weapons, 
 penalty for discharging firearms, or by riotous or disorderly con- 
 duct in streets or highways disturb the peace or wantonly 
 and maliciously disturb inmates of any dwelling house, 
 
 PUBLIC RECORDS. See administration of justice. 
 
 158 
 
 6 
 
 613 
 
 158 
 
 7 
 
 613 
 
 158 
 
 8 
 
 614 
 
 160 
 
 1 
 
 615 
 
 160 
 
 2 
 
 615 
 
 160 
 
 3 
 
 615 
 
 160 
 
 7 
 
 616 
 
 160 
 
 8 
 
 616 
 
 160 
 
 9 
 
 616 
 
 161 
 
 — 
 
 616 
 
INDEX. 
 
 J^ 
 
 (^ »- *? .CL^ 
 
 ^:i^. 
 
 781 
 
 PUBLIC WORSHIP. See religion. 
 PUBLIC GROUNDS, SUPERVISORS OF— 
 PUBLIC LANDINGS. See hridges and public landings. 
 QUEEN, OR HER MAJESTY, how construed. 
 QUAKERS AND MORAVIANS. See affirmation. 
 
 QUARANTINE— 
 
 governor in council may make orders and affix penalties for 
 
 breach thereof — evidence of, what sufficient, 
 disobedience of orders a misdemeanor in addition to penalty. 
 
 RABID ANIMALS— 
 
 sessions may make orders for preventing dangers 'from, 
 found at large may be confined or destroyed, 
 
 RAILROADS— 
 
 lines to be public work — ^grades to be determined by governor 
 
 in council, 
 trunk line from Halifax northerly, to be first constructed, 
 after trunk completed, railways to be carried on as legislature 
 
 may direct, 
 to be under charge of three commissioners — their appointment 
 
 and duties — not more than one to hold seat in either 
 
 branch, 
 lines to be built by tender and contract — not bound to accept 
 
 tenders, 
 contracts to be carefully guarded so as to protect public in- 
 terests, 
 chief engineer to be appointed by governor in council — his 
 
 duties, 
 no payment to be made to contractors but on certificate of 
 
 chief engineer, 
 members of legislature not to hold office of emolument under 
 
 commissioners, or to be contractors or parties to contracts 
 
 connected with railroads, 
 no officer of government, or member of legislature, to be secu- 
 rity on contract, 
 power of commissioners in entering and taking lands required 
 
 for track or stations — quantity taken limited, 
 power of commissioners to enter on lands and deposit soil, 
 
 &c., or to dig and carry away materials — must first notify 
 
 proprietor, 
 commmissioners authorized to construct necessary works over 
 
 roads, &c. 
 may alter course of rivers, roads, &c. 
 may make conduits through lands to convey water to or from 
 
 railway, 
 shall have general powers to do all necessary acts, &c. 
 
 Cap. 
 
 Sec. 
 
 Fase. 
 
 157 
 
 — 
 
 612 
 
 68 
 
 — 
 
 246 
 
 71 
 
 — 
 
 270 
 
 1 
 
 * 
 
 7 
 
 2 
 
 1 
 
 7 
 
 4 
 
 53 
 
 1 
 
 200 
 
 53 
 
 2 
 
 200 
 
 55 
 
 1 
 
 202 
 
 55 
 
 2 
 
 202 
 
 70 
 
 1 
 
 251 
 
 70 
 
 2 
 
 251 
 
 70 
 
 251 
 
 70 
 
 4 
 
 251 
 
 70 
 
 5 
 
 251 
 
 70 
 
 6 
 
 252 
 
 70 
 
 7 
 
 252 
 
 70 
 
 8 
 
 252 
 
 70 
 
 9 
 
 252 
 
 70 
 
 10 
 
 252 
 
 70 
 
 11 
 
 252 
 
 70 
 
 12 
 
 253 
 
 70 
 
 13 
 
 253 
 
 70 
 
 14 
 
 253 
 
 70 
 
 15 
 
 253 
 
 70 
 
 16 
 
 253 
 
782 
 
 IN0EX. 
 
 CAr. Ses Fags.. 
 
 RAILROADS, (Continued.) 
 
 mode of ascertaining value of materials taken under sec. 12 — 
 arbitrators how to be appointed — their award and remu- 
 neration, 70 17 253- 
 
 damages awarded to be paid within a month — parties may 
 
 appeal, , 70 18 254 
 
 if appeal not asserted in 20 days, amount may be sued for, 70 19 254 
 
 damages under three last sections, chargeable and to be as- 
 sessed on county, 70- 20 254 
 
 persons entering under 12th section, except eoramissioners or 
 contractors, must furnish owner with written authority 
 from them — persona so giving authority liaMe to owner 
 at his option, 70 21 254 
 
 fruit and ornamental trees excepted from chapter, 70 22 254 
 
 monies payable for land and fencing to form county charge — 
 sessions to consider relative benefit to section and ap- 
 portion accordingly, 70 23 254 
 
 when lines on portion completed, governor in council may 
 make regulations for working them subject to approval 
 of legislature, 70 24 254 
 
 governor in council may inspect contracts and eommissioners' 
 
 proceedings, and suspend progress of work. 70 25 255' 
 
 governor in council to fix salaries of commissioners and chief 
 engineer, and approve of other salaries, subject to revision 
 of the legislature, 70 26 255- 
 
 expenditure and liabilities not to exceed £200,000 per annum, 70 27 255" 
 
 quarterly accounts to be rendered by commissioners, to be 
 checked by financial secretary, and audited by joint com- 
 mittee of legislature, tO 28 255» 
 
 commissioners, subject to sanction of governor in council, au- 
 thorized to make regulations and affix penalties, 70 29 255' 
 
 persons engaged in construction may be exempt from militia 
 duty, 
 
 loan may be contracted, not to exceed £200,000 in one year, 
 
 issue of debentures at six per cent, authorized, 
 
 form, mode of issue, amount of debentures, &c., regulated, 
 
 mode in which proceeds of tolls are to be applied, 
 
 credit and revenues of province pledged for redemption of de- 
 bentures and interest, subject to pre-existing liability,^ 
 &c., 70 35 25(>- 
 
 monies borrowed to be paid to receiver-general — to be paid out 
 
 on warrant — ^fund how to be managed, 70 36 256 
 
 quarterly accounts of receipts and expenditures to be audited 
 
 by financial secretary, and laid before legislature, 70 37 256 
 
 city of Halifax to be a stockholder to the extent of £100,000, 
 and to participate in the profits — interest to be assessed 
 annually, 70 38 25T 
 
 if less than £200,000 borrowed in any one year, deficien- 
 cy may be added to next year, not to exceed £200,000 
 per annum, 70 39 25T 
 
 70 
 
 30 
 
 255 
 
 70 
 
 31 
 
 255 
 
 70 
 
 32 
 
 255 
 
 70 
 
 33 
 
 256 
 
 70 
 
 54 
 
 256 
 
INDEX. 783 
 
 KAILROADS, {Continued.) *'^''' ^""- ^^'"^ 
 
 debentures may be payable in currency or sterling, as gover- 
 nor in council direct, 70 40 257 
 
 provisions of chapter, except as modified by last two sections, 
 
 to extend to such debentures, 70 41 257 
 
 debentures to be valid although not verified by governor's 
 
 seal, 70 42 257 
 
 mode in which for assessing railway damage jury to be drawn, 70 43 257 
 
 jury to be struck by clerk of peace and claimants, to assess 
 
 damages, until number reduced to fourteen, 1^ 44 258 
 
 provision when same person is prothonotary and clerk of the 
 
 peace, as respects striking jury, 70 45 258 
 
 railway commissioners to furnish prothonotary before striking, 
 with lists of claimants' damages and plans explaining 
 same — further regulations regarding striking of jury, 70 46 25S 
 
 venire for summoning jury how issued and to whom delivered, 70 47 258 
 
 first seven jurors answering to be sworn — sheriff and jury to 
 proceed, if numbers not reduced below five by death , &c. — 
 duties of jurors defined in case of disagreement — majority 
 to return appraisement of damages — venire appraisment 
 and return to be filed by sheriff with clerk of peace 
 — what proceedings necessary if jury reduced below five, 70 48 259 
 
 sheriff and jury to have access to all papers, plans, and returns 
 in public offices — commissioners, &e., to give evidence 
 under oath if required, ■ 70 49 259 
 
 fees of prothonotary, clerk of peace, sheriff and jurors, for 
 
 their services, 70 50 260 
 
 appeal to supreme court or judge, how and when to be asser- 
 ted — damages may be confirmed, increased, or reduced 
 in discretion of the court or judge, or a jury empanneled 
 to try disputed facts, unless damage increased or reduced 
 one sixth, costs how to be borne — jury to be ordinary 
 petit jury, except otherwise specially ordered — railway 
 damages under appraisement not appealed against, to be 
 assessed, collected, and paid as soon as possible, 70 51 260 
 
 amount appraised shall be payable in two years with 
 interest for delay of payment on each year's instal- 
 ment, 70 52 261 
 
 custos, after notice required by 62 section, to prepare certifi- 
 cate, to be payable to order and negotiable, and entitle 
 the party to receive amount of appraisement and interest 
 when due, 
 
 damages to be apportioned by sessions, and to be levied as 
 county rates are now — proviso aa respects tenants for 
 term less than freehold, 
 
 if sessions neglect or delay to comply with preceding section, 
 supreme court may amerce county, 
 
 mode of collecting such amercement — assessors and other 
 officers to carry out provisions of this chapter, subject to 
 penalties. 
 
 70 53 261 
 
 70 51 261 
 
 70 55 261 
 
 70 56 262 
 
784 INDEX 
 
 Cap. Sec. Page. 
 
 RAILROADS, {Continued.) 
 
 ofBcers employed as assessors, collectors, &c., to be compensa- 
 ted at rate to be fixed by sessions — such compensation to 
 be a county charge, TO 57 262 
 
 county treasurer to pay monies received under this chapter to 
 receiver general, who is to pay parties entitled — in case of 
 deficiency, new assessment, 70 58 262 
 
 Halifax sessions may assess to remunerate appraiser for ser- 
 vices in 1854, 70 59 262 
 certain parties who are to be entitled to benefit of chapter — 
 receiver general to deduct on payment of Messrs Piers' 
 sum already paid them, 70 60 262 
 proceedings may be amended &c., at any stage — technicalities 
 
 not to affect, 70 61 263 
 
 monies assessed under this chapter, not to be paid over until 
 after notice of amount, and description of land on which 
 assessment made, has been published — if objection made 
 on affidavit, payment not to be made without order of 
 supreme court or a judge, 70 62 263 
 
 appraisement in favor of Kenny and Davy, how to be levied, 
 
 collected and paid, 70 63 263 
 
 cost of fencing to be a county charge at rate of £50 per mile, 
 
 to be payable in two years according to appraisement, 70 64 264 
 
 advance to Messrs. Drillio to be repaid from assessment for 
 
 African settlement, 
 treasurers and collectors required to give bonds, 
 bell or steam whistle to be kept on locomotive under penalty, 
 proprietors of railways to. keep painted , boards at crossings, 
 
 with proper inscriptions to be always kept legible, 70 68 264 
 
 sessions, upon application and investigation, to order gates at 
 crossings, and keepers if they deem them necessary, after 
 due notice to proprietor or his agent, 70 69 264 
 
 violation of three preceding sections punishable by fine, 70 70 265 
 
 malicious obstruction of railroad or carriages, punishable by 
 
 fine, 70 71 265 
 
 going on railroad, or driving animals thereon, punishable by 
 
 fine, 70 72 265 
 
 owners of animals going at large on railroads punishable by 
 
 fine, 70 73 265 
 
 in default of goods to satisfy fine, party may be imprisoned, 70 74 265 
 special constables may be appointed to carry out foregoing re- 
 gulations — their daties — may wear distinguishing badge, 70 75 265 
 "proprietor" shall include agent and servants — "road," 
 
 street, lane, &c. 70 76 266 
 
 obstruction of workmen on railroad punishable by fine. 70 77 266 
 
 wilful obstruction of carriages and injury to railroad, to be a 
 felony, punishable by imprisonment not to exceed four- 
 teen years, 70 78 266 
 Impeding or obstructing officers, trespassing on railway, or 
 
 destroying fences, sign-boards, &c., punishable by fine, 70 79 266 
 
 70 
 
 65 
 
 264 
 
 70 
 
 66 
 
 264 
 
 70 
 
 67 
 
 264 
 
INDEX. 785 
 
 Cap. Sec. Page. 
 RAILROADS, (Continued.) 
 
 omission to shut and fasten accommodation gates, punishable 
 
 by fine, 70 80 266 
 
 going on railway, or driving animals thereon, punishable by 
 
 fine, 70 81 267 
 
 owner of animals found straying on railroad, and person cau- 
 sing same by neglect, to be fined, provided railroad duly 
 fenced, 70 82 267 
 
 refusing to pay fare, or to quit carriage &c., or riotous, dis- 
 orderly or indecent conduct therein, punishable by fine, 70 83 267 
 
 offenders under preceding section may be detained, and by 
 
 whom, 70 84 267 
 
 aquafortis, gunpowder, or other dangerous goods when sent 
 by railway, to be marked or contents notified — penalty 
 for not doing so, 70 85 267 
 
 commissioners may fix and levy tolls for traffic on road, pro- 
 vided the same are equal in their operation, 70 86 268 
 
 toUs must be paid in such manner as commissioners direct, 70 87 268 
 
 on failure to pay toll on carriage or goods, commissioners may 
 detain and sell same or qther goods of same person — pro- 
 ceeds how applied, 70 88 268 
 
 giving incorrect account of goods, &c., to evade payment of 
 tolls, punishable by fines proportioned to quantity of 
 goods, 70 89 268 
 
 damage to carriages — ^getting into train improperly, how pun- 
 ished, 
 
 rules for booking passengers at road stations, 
 
 commissioners not liable for injury to goods without special 
 bargain, 
 
 penalties for overloading carriage on railway, or obstructing, 
 
 persons convicted under sections 71 to 87, may be imprisoned 
 for want of payment of forfeiture, 
 
 period when certain sections come into operation, 
 
 schedules A. B. and C. to this chapter pp. 269 to 270. 
 RAPE. See criminal justice. , 
 
 RATES. See assessment. 
 REAL ESTATE. See lands. 
 See also, 
 
 RECEIVER GENERAL— 
 
 to give bond, and hold office during pleasure, 
 
 clerk of, his duty — to give bond — his salary, 
 
 to be a member of provincial administration, 
 
 duties of, 
 
 to manage and superintend treasury notes, the funded debt 
 
 and savings' bank, 
 to furnish quarterly accounts of receipts and payments, 
 to pay warrants in gold and silver money if in treasury, or in 
 
 treasury notes issued since 1846, 
 to superintend savings' bank, 
 
 70 
 
 90 
 
 268 
 
 70 
 
 91 
 
 269 
 
 70 
 
 92 
 
 269 
 
 70 
 
 93 
 
 269 
 
 70 
 
 94 
 
 269 
 
 70 
 
 95 
 
 269 
 
 168 
 
 _ 
 
 630 
 
 46 
 
 — 
 
 170 
 
 117 
 
 — 
 
 394 
 
 118 
 
 — 
 
 396 
 
 36 
 
 1 
 
 158 
 
 36 
 
 2 
 
 158 
 
 36 
 
 5 
 
 158 
 
 36 
 
 6 
 
 158 
 
 36 
 
 7 
 
 158 
 
 36 
 
 10 
 
 159 
 
 38 
 
 5 
 
 160 
 
 38 
 
 10 
 
 161 
 
V86 INDEX. 
 
 RECEIVER GENERAL, (Continued.) 
 
 his accounts to be examined and checked by financial secre- 
 tary, 
 his accounts to be audited by committee of legislature, 
 his salary, see salaries. 
 REGISTRY OP BIRTHS, MARRIAGES AND DEATHS— 
 
 registry of births, marriages, and deaths, by whom and how 
 kept — returns to be forwarded to clerks of peace in dupli- 
 cate, and how disposed of — parents of unbaptized chil 
 dren to give notice to town clerk — register to be kept by 
 him, 
 forfeiture for neglect of duty 
 EEGISTRY OF SHIPS— 
 
 PAKT SECOND. 
 
 registrars of shipping how to be appointed, 
 
 surveyor of shipping how appointed, 
 
 registrars and surveyors may receive fees beside salary, 
 
 fees of surveyor regulated — to be paid by registered owner, 
 
 such parts of merchant shipping act of 1854 inconsistent with 
 this chapter, repealed, 
 
 if certificate of registry mislaid, lost, or destroyed, registrar, 
 on proof by aifidavit, may grant new certificate, 
 
 endorsement of change of master may be made by collector of 
 colonial duties under certain circumstances. 
 EEGISTRAR OF SHIPPING. , See reffisixy of ships. ^ _ 
 REGISTRY OP DEEDS. Seed^, registry of. ^ ^_ ^ 
 
 RELIGION. Bee churcK of England. 
 RELIGION, OFFENCES AGAINST— 
 
 any person disturbing any congregation assembled for public 
 worship, liable to a penalty, 
 
 fine for the desecration of the Lord's day, 
 
 penalty for disturbing peace and quiet of assembly for religi- 
 ous, social, or benevolent purposes, by riotous or disor- 
 derly conduct or language, &c., &c. 
 
 penalty for loosing or injuring horses, vehicle, or harness in 
 the vicinity of place where religious meetings, &c., are 
 being, or about to be held, 
 
 mode of arrest of persons offending against sections three and 
 four, and how to be disposed of. 
 
 RELIGIOUS CONGREGATIONS AND SOCIETIES— 
 
 may be formed by deed — mode of naming trustees and their 
 
 powers — other particulars provided for, 
 deed to be registered — property vested in trustees, 
 trustees may sue and be sued — action when not abated, 
 value of real and personal estate to be held by congregation, 
 meetings when to be held — regulations may be made— power 
 
 of majority thereat — proceedings to be recorded, 
 membership how regulated after registry of deed, 
 
 Cap, Sec. Pag8. 
 
 36 
 
 10 
 
 159 
 
 36 
 
 10 
 
 159 
 
 34 
 
 1 
 
 155 
 
 123 
 
 1 
 
 404 
 
 123 
 
 2 
 
 405 
 
 76 ■ 
 
 1. 
 
 292 
 
 76 
 
 2 
 
 292 
 
 76 
 
 3 
 
 292 
 
 76 
 
 A 
 
 292 
 
 76 
 
 5 
 
 292 
 
 76 
 
 6 
 
 292 
 
 76 
 
 7 
 
 292 
 
 76 
 
 — 
 
 292 
 
 113 
 60 
 
 — 
 
 381 
 
 157 
 
 1 
 
 612 
 
 157 
 
 2 
 
 612 
 
 157 
 
 3 
 
 €12 
 
 157 
 
 4 
 
 612 
 
 157 
 
 5 
 
 612 
 
 51 
 
 1 
 
 195 
 
 51 
 
 2 
 
 196 
 
 51 
 
 3 
 
 196 
 
 51 
 
 4 
 
 196 
 
 51 
 
 5 
 
 196 
 
 51 
 
 6 
 
 197 
 
AP. 
 
 Sec. 
 
 ■lot 
 Page. 
 
 51 
 
 7 
 
 197 
 
 51 
 
 8 
 
 197 
 
 51 
 
 9 
 
 197 
 
 51 
 
 10 
 
 197 
 
 51 
 
 11 
 
 198 
 
 51 
 
 12 
 
 198 
 
 51 
 
 13 
 
 198 
 
 51 
 
 14 
 
 198 
 
 INDEX. 
 
 MLIGIOUS CONGREGATIONS AND SOCIETIES, (Continued) 
 real estate held by trustees not appointed under deed, to be by 
 
 them conveyed to new trustees, and how, 
 incorporated by special act or deed may avail themselves of 
 
 this chapter— provise, 
 trustees may sell or dispose of real estate as directed by vote 
 
 of majority of congregation — conveyance how to opei-ate, 
 congregation may sell building used for public worship under 
 
 certain restrictions, 
 when i)uilding vested in trustees not having legal power to 
 
 sell, what proceedings necessary, 
 land on which building situated not to be sold, 
 agreement for engagements of clergymen or ministers to be 
 
 made in writing by trustees, 
 agreement to be entered at length in con^r;..gation'8 books, 
 in case of deficiency of funds, trustees may sue for and recover 
 
 rateaMe share, and from whom, 51 15 198 
 
 rights of Church of England not to be affected by this chap- 
 
 4er — church discipline not to be interfered with beyond 
 
 provisions of deed. 51 16 198 
 
 RENT, DISTRESS FOR, AND REMEDY— 
 
 goods distrained to be appraised and sold within five days after 
 
 notice, if not replevied, 145 1 578 
 
 goods to be sold, and after paying rent and expenses, surplus 
 
 for owner's use, 145 2 578 
 
 grain in the straw, shqaves, or cocks, or in a hovel stack or 
 
 rick, how distrained, appraised, and sold, and proceeds 
 
 applied, 
 remedy in case of pound breach and rescue of goods ' 
 
 distraiaed, 145 4 578 
 
 owner of goods distrained when no rent due, may bring 
 
 trespass or trespass on the case against party distraining, 145 5 578 
 
 ^oods not liable to be removed afier execution until one year's 
 
 rent paid, 
 goods fraudulently removed to avoid distress, may unless 
 
 previously sold in good faith, be seized within twenty 
 
 days, 
 rent in arrear on a lease for life or lives, may be recovered 
 
 by action as if reserved on a lease for years, 
 rent may be distrained for within six months after determina- 
 tion of lease in certain cases, 145 9 579 
 executors may distrain for rent due deceased in certain 
 
 cases, 
 cattle, corn, fruits, &c., may be taken for distress forrentand 
 
 may be secured on premises, 
 distress if no barn on premises, may be secured in any place as 
 
 near as may be to premises, 145 12 580 
 
 notice of place of deposit to be given in one week after to 
 
 tenant. 
 EEPRESENTATION— how construed in acts. 
 
 56 
 
 145 3 578 
 
 145 6 578 
 
 M-S 7 579 
 
 145 8 579 
 
 145 10 579 
 145 11 579 
 
 145 13 580 
 1 7 3 
 
788 
 
 INDEX. 
 
 REVENI]E,iBOARD OF— 
 who shall compose it, 
 powers and duties of, 
 
 the board may allow goods sold to pay salvage, to be exempted 
 from duty. 
 
 EEVENUE, CASUAL AND TERRITORIAL— 
 
 proceeds of to be paid into provincial treasury 
 
 of what it consists, 
 
 mines and minerals transferred to province as 
 
 management of revenues, &c. 
 
 collection of provided for, 
 
 proceeds of crown lands, how and where payable, 
 
 duration of cap. 11. 
 REVENUE, CUSTOMS AND EXCISE— 
 
 see customs, 
 
 see duties. 
 EEVENUE OFFICERS, ASSAULTING OF. 
 of justice, offences against. 
 
 RIOTS. See public peace, offences against. 
 
 RIVERS, CONVEYING OF TIMBER AND LUMBER ON, 
 
 AND REMOVAL OF OBSTRUCTIONS THEREFROM— 
 
 commissioners may be appointed by governor in council for 
 clearing and removing obstructions from rivers, on appli- 
 cation of twenty resident freeholders approved by grand 
 jury and sessions, 
 
 commissioners' powers defined — regulations may be made as 
 respects slabs and refuse from saw-mills, and penalties 
 imposed, 
 
 commissioners may borrow sum under £1,000 for. purposes of 
 appointment, 
 
 tolls may be collected under sessions' regulations, upon logs, 
 timber, &o., brought down rivers within commissioners' 
 jurisdiction, and applied to pay sum borrowed ; " no toll 
 shall be collected after amount of loan is liquidated," 
 
 commissioners shall account annually to session, 
 
 no claim shall be made on revenue in respect of borrowed 
 monies, or navigation or fisheries affected, or private 
 rights injured, 
 
 sessions shall make regulations respecting rafting of logs, &c., 
 and removing obstructions, and as to placing &c. of booms 
 and rate of boomage, and mode of collection, and may 
 impose penalties — removal of mill-dams not authorised by 
 this chapter, 
 
 logs, timber, &c., may be brought down rivers under regu- 
 lations, provided same be strictly adhered to, 
 
 " river " shall include streams running into it. 
 
 ROADS, PRESERVATION OF— 
 
 persons altering or encroaching on highways or roads to for- 
 feit £5, 
 
 AP, 
 
 Sec. 
 
 Paob. 
 
 13 
 
 1 
 
 41 
 
 13 
 
 2 
 
 41 
 
 16 31 
 
 103 
 
 103 
 
 103 
 
 103 
 103 
 
 103 
 
 103 
 
 103 
 103 
 
 67 
 
 56 
 
 lury. 
 
 11 
 
 1 
 
 31 
 
 
 11 
 
 2 
 
 31 
 
 as. 
 
 11 
 
 3 
 
 31 
 
 
 11 
 
 4 
 
 32 
 
 
 11 
 
 5 
 
 32 
 
 lyable, 
 
 11 
 
 6 
 
 33 
 
 
 11 
 
 7 
 
 33 
 
 
 15 
 
 ,, 
 
 44 
 
 
 12 
 
 — 
 
 33 
 
 See administration 
 
 
 
 
 
 161 
 
 — 
 
 616 
 
 
 160 
 
 
 
 615 
 
 1 373 
 
 2 374 
 
 3 374 
 
 4 - 374 
 
 5 374 
 
 6 374 
 
 7 ■ 375 
 
 8 375 
 
 9 875 
 
 1 245 
 
67 " 
 
 2 
 
 245 
 
 67 
 
 3 
 
 245 
 
 67 
 
 4 
 
 245 
 
 67 
 
 5 
 
 245 
 
 67 
 
 8 
 
 246 
 
 67 
 
 9 
 
 246 
 
 67 
 
 10 
 
 246 
 
 67 
 
 11 
 
 246 
 
 67' ■ 
 
 12 
 
 246 
 
 67 
 
 13 
 
 246 
 
 INDEX. 789 
 
 Cap. Sec. Pase. 
 ROADS, PRESERVATION OF, {Continued.) x 
 
 fine for incumbering road maybe imposed by justice on his | 
 
 view, or on op.th of a witness, 
 
 eeissions to make regulations, except in Halifax, for the preser- 
 vation of side paths — penalties for breach thereof, 
 
 fine for destroying trees growing between waters and high- 
 ways, 
 
 provisions for protection of road round Bedford Basin, 
 
 all incumberances on Bedford Basin road forfeited and may 
 
 be sold, 67 6 245 
 
 penalty for disorderly riding or driving, to be recovered as in 
 
 section 16th, 67 7 246 
 
 horses not to be trotted or galloped over bridge more than 
 25 feet long, 
 
 carriages on runners must be furnished with bells, 
 
 carriages on runners for drawing loads not to be less than four 
 feet wide outside, 
 
 loads of hay or straw not to be wider than fourteen feet, 
 
 unloaded sleds not to have pointed stakes or projecting pieces 
 
 persons in driving to leave centre of road on the right hand, 
 
 persons in passing in same direction, to leave space on left 
 
 hand, 67 14 246 
 
 carriages standing not to be nearer the centre of road than 
 
 eighteen inches, 67 15 246 
 
 violations of above how punished — action to be commenced in 
 
 48 hours, 67 16 246 
 
 forefeitures, not specifically appropriated, to bo applied under 
 
 direction of sessions, to repair roads and bridges, 67 17 246 
 
 EOADS, CLOSING— 
 
 sessions, on application of proprietors of land adjoining 
 
 old road, may close up same — what proceedings 
 
 necessary, 
 persons not interested may be heard, and may appeal from 
 
 order of sessions, 69 2 250 
 
 who shall be considered proprietors of adjoining lands, 
 
 where owner dead and property not divided ^mong 
 
 heirs. 69 3 250 
 
 ROADS, EXPENDITURE ON— 
 
 commissioners how appointed — list to be furnished by provin- 
 cial secretary, 
 
 commissioners to give bonds where sum exceeds £20, 66 2 241 
 
 sums under £20 not to be drawn until expended, over £20 
 
 two-thirds to be retained until work performed, 66 3 241 
 
 monies to be expended by tender and contract, except when 
 day's work more advantageous — account of day's work to 
 be verified by oath, 
 
 mode in which contracts are to be advertised and entered 
 
 into-form, * 66 5 242 
 
 memorandum when sum to be expended is under £20 — 
 form, 
 
 69 1 250 
 
 1 241 
 
 66 4 241 
 
 66 6 242 
 
790 
 
 INDEX. 
 
 Cjiv. See VAes, 
 
 66 
 
 7 
 
 243 
 
 66 
 
 8 
 
 243 
 
 C6 
 
 9 
 
 243 
 
 66 
 
 10 
 
 244 
 
 66 
 
 11 
 
 244 
 
 EOADS, EXEENDITURE ON, {Continued.) 
 
 return of expenditure to be made under oath, to provincial 
 secretary's office, 
 
 money not to be drawn if justices do not certify — proceedings 
 of sessions thereupon, 
 
 how materials are to be procured when owner of soil absent 
 or obstinate, 
 
 number of labourers under one commissioner limited — to be 
 paid in cash, 
 
 foreman to be employed with every ten men by commissioner, 
 
 per centage and pay of commissioners, foremen, labourers, 
 
 teams, &c. 66 12 244 
 
 labourers on breakwaters and other public works, to receive 
 
 5s. per day, 66 13 224 
 
 proceedings in case of encroachments and incumberances. 66 14 224 
 
 ROADS GREAT, LAYIJ^'G OUT OF CERTAIN— 
 
 roads to which provision of chapter shall extend, 61 1 220 
 
 commissioners authorized to make agreement with owners of 
 lands — ^requisites of agreement how confirmed, 
 
 mode of proceeding when agreement cannot be made, 
 
 after agreement to appraisement, commissioner may proceed, 
 
 no payment to be made for fences until erection in proper 
 manner certified by affidavit — to be claimed within a year, 
 
 compensation confined to roads specified in chapter, 
 
 width of road defined, 
 
 what shall be held surrender of site of road to public, 
 
 governor in council to take charge of certain great roads, 
 
 may divide same into sections and appoint supervisors, 
 
 duties and authority of supervisor defined, 
 
 they shall expend monies subject to apportionment by legisla- 
 ture, 61 12 222 
 
 in expenditure and accounting, to be guided by laws of pro- 
 vince, and to have authority of commissioners of high- 
 ways, 
 
 shall furnish annual report on subject of roads, 
 
 shall be guided by orders issued by governor in council, 
 
 rate of remuneration fixed, 
 
 road work to be by tender and contract, except when day's 
 
 work more advantageous. 61 17 223 
 
 ROADS, OTHER THAN CERTAIN GREAT ROADS, LAYING 
 OUT OE— 
 
 provisions to apply to roads other than those in last chapter, 
 
 mode of procedure in laying out new, or altering old roads, 
 
 the proceedings may be confirmed or disallowed by sessions, 
 
 where sessions meet but once a year, special sessions to act, 
 
 proceedings to be had on appeal from decision of sessions — 
 jury how summoned — bond to be given — its conditions, 
 
 penalty on juror not attending when summoned, 
 
 freeholders in making appraisement, may yalue and apportion 
 
 old road among proprietors, 62 7 224 
 
 61 
 
 2 
 
 221 
 
 61 
 
 3 
 
 221 
 
 61 
 
 4 
 
 221 
 
 61 
 
 & 
 
 222 
 
 61 
 
 6 
 
 222 
 
 61 
 
 7 
 
 222 
 
 61 
 
 8 
 
 222 
 
 61 
 
 9 
 
 t^ifjpf 
 
 61 
 
 10 
 
 222 
 
 61 
 
 11 
 
 222 
 
 61 
 
 13 
 
 22S 
 
 61 
 
 14 
 
 223 
 
 61 
 
 15 
 
 223 
 
 61 
 
 16 
 
 223 
 
 62 
 
 1 
 
 223 
 
 62 
 
 2 
 
 223 
 
 62 
 
 3 
 
 224 
 
 62 
 
 4 
 
 224 
 
 62 
 
 5 
 
 224 
 
 62 
 
 6 
 
 224- 
 
INDEX. 
 
 791 
 
 ROADS, OTHER THAN CERTAIN GREAT ROADS, &e., 
 {Continued.) 
 when proceedings finally confirmed, old road to be property 
 in fee of person to whom allotted — may be shut by order 
 of sessions, 
 damages to be appraised, and expenses to form county charge, 
 width of road to be sixty-six feet, 
 new road may be laid out of less width, if confirmed by 
 
 sessions, 
 compensation for fencing, when to be received by proprietors, 
 when roads have been altered without demand by proprietor 
 for compensation, it shall be held surrender of site to 
 public, 
 private roads, open or pent, how to be laid out, 
 gates and bars may be placed on private roads, by direction 
 
 of -sessions, 
 affidavit required before compensation made for fencing, 
 public landing established in same manner as roads made or 
 
 altered, 
 may include land necessary for purpose not exceeding one acre, 
 subscriptions in aid of public undertakings, held legally bind- 
 ing, and may be enforced notwithstanding want of con- 
 sideration, 
 mode in which such subscriptions may be recovered, 
 when recovered to be applied only to purposes subscribed for — 
 not to have retrospective operation, 
 
 ROADS OVER THE ICE. 
 
 ROBBERY, PUNISHMENT OF. See fraudulent appropriations. 
 
 RULES AND REGULATIONS. See bye-laws. 
 
 SABBATH— 
 
 acts to be done on days falling upon, when to be performed,, 
 coroners may hold inquisitions on, 
 desecration of, how punished, 
 justices may issue warrants on, 
 retailing intoxicating liquors on, 
 transmission of mails on, 
 SABLE ISLAND— 
 
 persons and property found on, how to be disposed of, 
 property cast on shores of, how disposed of, 
 board of works may make rules for regulation and manage- 
 ment, &c., of, 
 every member of the board, their superintendant and resident 
 keeper, to have on island, and in relation to wrecked 
 goods there and elsewhere, the powers of a justice of the 
 peace, 
 vSssel and goods wrecked on, by whom taken possession 
 
 of — how disposed of, and for whose benefit, 
 salvage, &c., on such vessels and goods, for benefit of island 
 
 unless otherwise ordered by board, 
 wrecked goods liable to duty 
 within the county of Halifax. 
 
 Cap. Sec. Page. 
 
 62 
 
 8 
 
 225 
 
 G2 
 
 » 
 
 225 
 
 62 
 
 10 
 
 225 
 
 62 
 
 11 
 
 225 
 
 62 
 
 12 
 
 225 
 
 62 
 
 13 
 
 225 
 
 62 
 
 14 
 
 225 
 
 62 
 
 15 
 
 225 
 
 62 
 
 16 
 
 226 
 
 62 
 
 17 
 
 226 
 
 62 
 
 18 
 
 226 
 
 62 
 
 19 
 
 226 
 
 62 
 
 20 
 
 226 
 
 62 
 
 21 
 
 227 
 
 11 
 
 1 
 
 379 
 
 164 
 
 — 
 
 621 
 
 1 
 
 7 
 
 4 
 
 41 
 
 3 
 
 165 
 
 157 
 
 2 
 
 612 
 
 169 
 
 4 
 
 652 
 
 22 
 
 14 
 
 73 
 
 23 
 
 4 
 
 81 
 
 26 
 
 1 
 
 97 
 
 26 
 
 2 
 
 97 
 
 26 
 
 97 
 
 26 
 
 3 
 
 97 
 
 26 
 
 4 
 
 97 
 
 26 
 
 4 
 
 97 
 
 26 
 
 4 
 
 97 
 
 26 
 
 5 
 
 . 98 
 
792 
 
 INDEX. 
 
 SALARIES— 
 
 to certain public officers, mode of payment and amount, 
 
 of chief-justice and assistant justices, to be without fees, 
 
 of receiver-general, provincial secretary and financial secreta- 
 ry, to be clear of expenses of departments, 
 
 of chief-justice, assistant justices, provincial secretary, and 
 attorney and solicitor-general, to continue eighteen 
 months after demise of her majesty, 
 
 of certain persons, a charge on revenues of province, 
 
 retiring pensions to whom granted, 
 
 pensions to cease on acceptance of office of equal or greater 
 value, 
 
 pensions to Alex. Stewart and N. White, when to cease, 
 
 pension to Miss Cox, when to cease, 
 
 judges entitled to travelling expenses on circuit, 
 
 conveyances for judges to Cape Breton, how provided, 
 
 act 46 George III. cap. 13, repealed. 
 SALMON FISHERIES. See fisheries, river. 
 SALT. See inspection of provisions. 
 SALVAGE. See goods, importation of. 
 
 See wrecks. 
 SANITORY REGULATION. See board of health. 
 SAVINGS' BANK— 
 
 management of, 
 
 depositors in to be paid interest — deposit limited, 
 
 accounts of how kept — demands on provided for. 
 SCHOOLS. ^66 public instruction. 
 SCRUTINIES— 
 
 when persisted in, sheriff's duty, 
 
 sheriff and his assistant to take oath, 
 
 clerks to take oath, 
 
 sheriff and assistant to appoint time to proceed with, 
 
 to be continued from day to day, 
 
 evidence at, how received or rejected, 
 
 duty of clerk at, 
 
 votes unless marked objected, shall not be scrutinized, 
 
 votes may be scrutinized on any ground, if marked objected, 
 
 no person to be a witness at, touching his own vote, 
 
 witness at, to be sworn by sheriff, 
 
 protests may be filed at on behalf of candidate, 
 
 in certain cases deputy sheriff may hold, 
 
 sheriff's assistant not attending, another to be appointed, 
 .clerk not attending, another to be appointed, 
 
 return to assembly of proceedings at, 
 
 sheriff's fees on, 
 
 clerk's fees by whom paid, 
 
 candidate entitled to copies of minutes of, 
 
 abandoned, manner of recovering expenses, 
 
 misconduct of sheriff at — penalty for. 
 
 Cap. Sec 
 
 34 
 34 
 
 34 
 
 Page. 
 
 155 
 156 
 
 156 
 
 34 
 
 3 
 
 156 
 
 34 
 
 3 
 
 156 
 
 34 
 
 4 
 
 156 
 
 23 
 
 5 
 
 156 
 
 34 
 
 6 
 
 156 
 
 34 
 
 7 
 
 156 
 
 34 
 
 8 
 
 156 
 
 34 
 
 9 
 
 156 
 
 34 
 
 10 
 
 157 
 
 95 
 
 — 
 
 358 
 
 85 
 
 — 
 
 324 
 
 16 
 
 31 
 
 56 
 
 77 
 
 3 
 
 293 
 
 54 
 
 — 
 
 200 
 
 38 
 
 10 
 
 161 
 
 38 
 
 11 
 
 161 
 
 38 
 
 12 
 
 161 
 
 60 
 
 — 
 
 209 
 
 8 
 
 1 
 
 24 
 
 8 
 
 2 
 
 24 
 
 8 
 
 3 
 
 24 
 
 8 
 
 4 
 
 24 
 
 8 
 
 5 
 
 24 
 
 8 
 
 6 
 
 24 
 
 8 
 
 7 
 
 24 
 
 8 
 
 8 
 
 24 
 
 8 
 
 9 
 
 24 
 
 8 
 
 10 
 
 24 
 
 8 
 
 11 
 
 24 
 
 8 
 
 12 
 
 24 
 
 8 
 
 13 
 
 25 
 
 8 
 
 14 
 
 25 
 
 8 
 
 15 
 
 25 
 
 8 
 
 16 
 
 25 
 
 8 
 
 17 
 
 25 
 
 8 
 
 18 
 
 25 
 
 8 
 
 19 
 
 25 
 
 8 
 
 20 
 
 25 
 
 8 
 
 21 
 
 25 
 
INDEX 
 
 793 
 
 SEA MxlNURE. See manure, sea, gathering of. 
 
 SEAMAN. See shipping and seamen. 
 
 SEATS IN ASSEMBLY, VACATING— 
 
 any member may vacate, on written notice to speaker, 
 offices, accepting of which vacates, 
 speaker to require writ to issue to supply vacant seat, 
 speaker may vacate as speaker and member. 
 
 SENTENCE OF DEATH— when commuted. See critninal justice. 
 SERVANTS. See intoxicating liquors. 
 
 See masters, apprentices, and servants. 
 
 SESSIONS, TIMES AND PLACE OF HOLDING— 
 
 when to be held for county of Halifax, 
 
 when to be held in the other counties, 
 
 duration of sittings and adjournment, 
 
 indictments may be found and tried at Halifax sessions, and 
 persons convicted, imprisoned in penitentiary, 
 
 clerk of peace may prepare case on question of law for argu- 
 ment at supreme court, 
 
 presiding judge may order case to be amended — -may hear the 
 same, or grant a rule nisi returnable at Halifax — -judg- 
 ment of court to be embodied in rule and returned to 
 sessions, 
 
 sessions shall make regulations respecting infected cattle, 
 dogs, vicious animals, geese, &c., and impose penalty for 
 breach, 
 
 party convicted and not having goods to satisfy penalty, 
 may be imprisoned. 
 
 SEWERS, COMMISSIONERS OF; DIKED AND MARSH 
 
 LANDS, REGULATING OF— 
 commissioners already appointed to contiune in office, 
 commissioners, how appointed and sworn in — clerk appointed, 
 commissioners to be selected by two thirds in interest of pro- 
 prietors, and may be dismissed in same manner, 
 powers of such commissioners defined — new works how to be 
 
 begun, 
 overseers may be appointed and sworn in by commissioners, 
 notice of place of labour to be given to proprietors for three 
 days, except in case of sudden emergency, where immedi- 
 ate attendance required, 
 commissioners may assess for certain specified purposes, 
 when rate exceeds 7s. 6d. per acre, assessors how to be 
 
 appointed and sworn — their duties and remuneration, 
 how commissioners of Wickwire dike may assess, 
 meadow and swamp land, how assessed for original 
 
 draining, &c. 
 if assessment unanimously agreed to, it shall be valid as other 
 rates, 
 
 Cap. 
 
 Sec. 
 
 Page. 
 
 108 
 
 — • 
 
 378 
 
 76 
 
 — 
 
 283 
 
 10 
 
 1 
 
 30 
 
 10 
 
 2 
 
 30 
 
 10 
 
 3 
 
 30 
 
 10 
 
 4 
 
 31 
 
 168 
 
 — 
 
 630 
 
 22 
 
 18 
 
 74 
 
 125 
 
 — 
 
 406 
 
 44 
 
 1 
 
 168 
 
 44 
 
 2 
 
 168 
 
 44 
 
 3 
 
 168 
 
 44 
 
 4 
 
 169 
 
 44 
 
 5 
 
 169 
 
 44 
 
 6 
 
 169 
 
 L07 
 
 1 
 
 378 
 
 -07 
 
 2 
 
 378 
 
 73 
 
 1 
 
 272 
 
 73 
 
 2 
 
 272 
 
 73 
 
 272 
 
 73 
 
 4 
 
 273 
 
 73 
 
 5 
 
 273 
 
 73 
 
 6 
 
 273 
 
 73 
 
 7 
 
 273 
 
 73 
 
 8 
 
 273 
 
 73 
 
 9 
 
 274 
 
 73 
 
 10 
 
 274 
 
 73 
 
 11 
 
 274 
 
794 
 
 I1{DEX. 
 
 Cap. Sec. Pagb 
 
 73 
 
 16 
 
 275 
 
 73 
 
 17 
 
 275 
 
 73 
 
 18 
 
 275 
 
 73 
 
 19 
 
 275 
 
 73 
 
 20 
 
 275 
 
 73 
 
 21 
 
 275 
 
 73 
 
 22 
 
 276 
 
 73 
 
 23 
 
 276 
 
 73 
 
 24 
 
 276 
 
 73 
 
 25 
 
 276 
 
 SEWERS, COMMISSIONERS OF, &o. (Continued.) 
 
 fines, rates, and assessments, recoverable by commissioners— 
 
 what sufficient proof of assessment — no set off allowed, 73 12 274 
 
 in default of goods commissioners may lease lands to pay 
 
 rate, &c. 73 13 274 
 
 if rents not sufficient, lands may be sold, and in what manner 
 — school or glebe lands not to be sold under this 
 chapter, 73 14 274 
 
 when owner &c. has not agreed to work ; land &c. only to 
 
 be liable, 73 15 275 
 
 deficiency in amount of rate may be levied, &c., as original 
 rate, 
 
 commissioners when liable to action for work, &c., 
 
 owliers &o. of lands to furnish labor when required, 
 
 mode in which damage for sods or soil is to be assessed, 
 
 record to be kept by clerk of commissioners, open to inspec- 
 tion — extracts to be furnished on payment of 6d. per 
 folio, 
 
 salt marshes if benfitted by break-water to contribute, 
 
 assessment to be only on portion of land benefitted, 
 
 competency of clerks, &c. as witnesses, except where inter- 
 ested, 
 
 commissioner not to act as clerk or collector, 
 
 mode of obtaining plans, when necessary to be provided, 
 
 when diked lands are protected by outer dikes, commissioners 
 shall call a meeting of proprietors- — two-thirds in interest 
 shall elect freeholders to proportion expense of repairs, 
 &c., and report proceedings, 73 26 276 
 
 on outer dikes ceasing to protect inner dikes, contributions to 
 
 cease, 73 27 276 
 
 proprietors of inner dikes, if apprehensive of safety of outer 
 dikes, may take proceedings to compel their repair — 
 expense how apportioned, 73 28 277 
 
 mode in which dikes injured by pasturage or roads are to be 
 
 repaired, 73 29 277 
 
 mode in which applications for drainage are to be made,' and 
 duty of commissioners thereunder — ^land benefitted may 
 be assessed, 73 30 277 
 
 roads and bridges through marsh lands, how made and re- 
 paired — owners to be assessed for expense according to 
 benefit derived, 73 31 278 
 
 on application for flowing diked lands, what proceedings 
 
 necessary, 73 32 278 
 
 proprietors of lands diked out and flowed, to repair dike cut 
 
 for purpose, 73 33 278 
 
 if proprietor is dissatisfied with rate assessors may be chosen, 
 
 whose decision or that of any three, shall be final, 73 34 278 
 
 what proceedings necessary, if provisions of last section not 
 
 carried out, 73 35 279 
 
INDEX. 
 
 795 
 
 SEWERS, COMMISSIONERS OF, (Continued.) 
 
 •where lands of non-applieants are injured by drainage, the 
 
 damage shall be valued, assessed, &c. as expenses of drain- 
 age are, 
 cases of two proprietors not interested to extent of two-thirds, 
 
 how provided for, 
 proceedings may be removed to supreme court by certiorari^ 
 clerks and other officers fineable for neglect of duty, 
 notices under this chapter may be verbal, unless otherwise 
 
 directed, 
 two-thirds in interest of proprietors may choose collector, 
 
 overseers, and assessors, settle wages, <feo. 
 commissioner not liable for predecessor's acts, except for 
 
 money collected by him on account of predecessor's 
 
 work, 
 
 SHERIFFS— 
 
 duty of, on receiving writ for election, 
 
 his duty on opening his court at elections, 
 
 his duty at his court at elections, 
 
 to erect booths at elections, 
 
 to appoint presiding officers and poll clerks at elections, 
 
 may act as presiding officer at elections, 
 
 conservator of the peace at elections, 
 
 duty on re-assembling his court at elections, 
 
 liable to a penalty for misconduct at elections, 
 
 duty of, when scrutiny demanded at elections, 
 
 duty of, when poll books not returned, 
 
 his fees and charges at elections, 
 
 his duty when scrutiny at elections persisted in, 
 
 and assistants at scrutiny to take oath, 
 
 to swear witnesses at a scrutiny, 
 
 to return proceedings under a scrutiny to house of assembly, 
 
 his fees on a scrutiny, 
 
 liable to a penalty for misconduct at scrutiny. 
 
 mode of selecting and pricking sheriffs, 
 
 commission of may issue in certain cases before bonds given, 
 
 fine for refusing to accept office,,- 
 ■ re-eligible unless objected to by sessions, 
 
 dying, deputy shall act till another appointed — if there be no 
 deputy, governor in council to appoint, 
 
 bonds of, how given and registered — bonds lost, certified copies 
 evidence, 
 
 bonds of, how to be approved — whenbondof disallowed and 
 not giving satisfactory bond after resonable notice, may 
 be removed by governor in council — sheriff for prece- 
 ding year to continue to act, 
 
 old securities liable until new approved — securities of, may be 
 relieved by governor, and in one month new securities to 
 be given or sheriff removed, 
 
 oath of, 
 
 57 
 
 Cap. Sec. 
 
 73 36 
 
 Page. 
 
 279 
 
 73 
 
 37 
 
 279 
 
 73 
 
 38 
 
 279 
 
 73 
 
 39 
 
 279 
 
 73 
 
 40 
 
 279 
 
 73 
 
 41 
 
 279 
 
 73 
 
 42 
 
 280 
 
 7 
 
 4 
 
 13 
 
 7 
 
 6 
 
 18 
 
 7 
 
 7 
 
 14 
 
 7 
 
 12 
 
 15 
 
 7 
 
 13 
 
 16 
 
 7 
 
 14 
 
 16 
 
 7 
 
 32 
 
 19 
 
 7 
 
 35 
 
 20 
 
 7 
 
 36 
 
 20 
 
 7 
 
 37 
 
 21 
 
 7 
 
 38 
 
 21 
 
 7 
 
 43 
 
 22 
 
 8 
 
 1 
 
 24 
 
 8 
 
 2 
 
 24 
 
 8 
 
 11 
 
 24 
 
 8 
 
 16 
 
 25 
 
 8 
 
 17 
 
 25 
 
 8 
 
 21 
 
 25 
 
 40 
 
 1 
 
 162 
 
 40 
 
 2 
 
 163 
 
 40 
 
 3 
 
 163 
 
 40' 
 
 4 
 
 163 
 
 49 
 
 5 
 
 163 
 
 40 
 
 6 
 
 163 
 
 40 
 
 40 
 
 40 
 
 163 
 
 8 163 
 
 9 163 
 
796 INDEX, 
 
 Ca7. Sis. Ease- 
 
 40 
 
 10 
 
 164 
 
 40 
 
 11 
 
 164^ 
 
 40 
 
 12 
 
 164 
 
 49 
 
 13 
 
 164 
 
 49 
 
 14 
 
 164 
 
 ?'j 
 
 _ 
 
 32T 
 
 SHERIFFS, (Continued.) 
 
 neglecting to return tO' provincial secretary account on oath of 
 
 forfeitures and crown debts, fine for, 
 suits on bond of how brought — costs, &c., 
 in suits against for escapes, how damages regulated, 
 to return and endorse all writs with items of fee*, 
 limitation of action against. 
 
 SHINGLES. See inspection of provisions, 
 SHIPPING AND SEAMEN— 
 
 examinations of masters and mates of foreign going ships, 76 1 SSS 
 
 local boards of examiners how appointed— rules prescribed for 
 
 their guidance — penalty for breach of same, 76 2 2-*3. 
 
 central board of examiners how appointed — ^their power, 76> 3 283- 
 
 local boards to examine applicants and grant testimonials 
 to entitle them to certificates of competency — privileges of 
 holders, 7& 4 283 
 
 after 7th May, 1859, ship not to go to sea unless masters 
 and mates possess certificates of competency — ships 
 exempted from operation of this section, 76 5 284 
 
 certificates to be in duplicate and recorded — penalty for frau- 
 dulently procuring, altering, or using, 76 6 284 
 
 fees payable by masters and mates, one half in. advance — for- 
 feited if applicant fail to pass on examination, 76 7 284 
 
 certificates may be suspended or cancelled on investigation 
 before justices — witnessea compellable to attend before 
 justices, 
 
 shipping articles when necessary, and their requirements, 
 
 forfeiture for shipping seamen, &c,, contrary to sec.. 9, 
 
 seamen's lien for wages not affected by clause in agreensent — 
 
 need not produce agreement to sustain action for wages, 76 11 285f 
 
 seamen having signed agreement and refusing to proceed to 
 sea, may be arrested and imprisoned or sent on board 
 
 75 
 
 » 
 
 284 
 
 76 
 
 9 
 
 284 
 
 75 
 
 10 
 
 28& 
 
 75 
 
 12 
 
 28& 
 
 75 
 
 12 
 
 285- 
 
 75 
 
 13 
 
 285 
 
 expense of proceeding to be deducted from wages to grow due, 
 
 sureties to pay advance on refusal of seamen to go to sea, 
 
 surety to subscribe agreement and be liable thereon — amount 
 
 how recoverable — what proof sufficient, 75 14 285 
 
 seaman absenting from ship without leave, to forfeit two 
 days' pay for each twenty-four hours absence — neglect of 
 duty liable to similar forfeiture — facta to be entered on 
 log, 76 15 285 
 
 mode of computing forfeitures in certain casea, 76 15 285 
 
 forfeiture for desertion, if facts entered in log and certified — 
 
 what absence constitutes desertion, 75 17 285 
 
 harboring or secreting seamen knowingly, punishable by fine — 
 debt due by seaman over five shillings when recoverable — 
 penalty for detaining effects, 75 18 287 
 
 seamen's wages, when and how payable — penalty for with- 
 holding portion of wages on discharge — how forfeiture 
 recoverable, 76 19 287 
 
 \ . 
 
76 
 
 20 
 
 287 
 
 76 
 
 20 
 
 287 
 
 76 
 
 21 
 
 287 
 
 76 
 
 22 
 
 287 
 
 76 
 
 23 
 
 288 
 
 76 
 
 25 
 
 288 
 
 76 
 
 26 
 
 288 
 
 76 
 
 27 
 
 288 
 
 76 
 
 28 
 
 28'J 
 
 76 
 
 29 
 
 289 
 
 76 
 
 30 
 
 289 
 
 INDEX. V97 
 
 „„,. Cap, Sec. Page 
 
 SHIPPING AND SEAMEN, (Continued.) 
 
 payment|of wages to seaman valid notwithstanding assignment, 
 attachment, or incumberance, 
 
 assignment or sale of wages prior to being earned or irrevoca- 
 ble power of attorney to receive wages, invalid, 
 
 seamen on discharge, entitled to ■certificate — penalty for re- 
 fusing, 
 
 -payment of wages how enforced by seamen about to proceed to 
 sea, 
 
 mode of recovering wages, amount being under £20, 
 
 jury may be allowed in trials under this cap. according to 
 
 provisions of cap. 131, 76 24 288 
 
 if suit for wages be brought in admiralty or other court, no 
 costs allowed, if judge of opinion that party had as effec- 
 tual a remedy by complaint before justice, 
 
 ■a. proper medicine chest to be kept on board by master, 
 
 •crews not to be discharged abroad without certificate of proper 
 authorities, 
 
 «rews not to be left abroad except for a cause duly certified, 
 
 ihe burden of proof as to certificate to be on master, 
 
 •entering the naval service not to be a desertion, 
 
 fieaman entering naval service, entitled to his effects and wages 
 
 earned — penalty for refusal, 76 31 289 
 
 penalties under this chapter ma,y be reduced — actions for, when 
 
 to be commenced, 76 32 289 
 
 coasting vessels not affected by provisions of this chapter, 76 33 289 
 
 schedule containing form of shipping articles, pp. 290-291. 
 SLAUGHTER HOUSES. See bmrds of health. 54 — 200 
 
 SMUGGLING, PREVENTION OF— 
 
 officers of revenue may board any vessel in any part of pro- 
 vince or within one league — remain on board, &c., 
 
 master liable to penalty for not answering questions, 
 
 mode of proceeding to authorize revenue officer to enter build- 
 ings and search for smuggled goods, 
 
 writ of assistance by whom granted, 
 
 ooUectors may enter in day time any shops, and take account 
 of stock of person dealing in dutiable articles, 
 
 penalty for refusing to open door, or obstructing officer, 
 
 penalty for obstructing revenue officer, 
 
 •disposal of goods seized, and proceedings against, 
 
 appeal allowed,' 
 
 condemned articles how disposed of, 
 
 amplication of proceeds, 
 
 claimant not entitled to costs if judge certify probable cause 
 for seizure, 
 
 officer may tender amends one month after notice, 
 
 jpenalties on masters of vessels, owners, and others, fo^ non- 
 payment of duties, &C., &o. 
 
 operation of regulations may be suspended by governor in 
 
 council, 19 13 68 
 
 19 
 
 1 
 
 65 
 
 19 
 
 1 
 
 65 
 
 19 
 
 2 
 
 66 
 
 19 
 
 3 
 
 66 
 
 19 
 
 4 
 
 66 
 
 19 
 
 4 
 
 66 
 
 19 
 
 5 
 
 66 
 
 19 
 
 6 
 
 68 
 
 19 
 
 7 
 
 67 
 
 19 
 
 8 
 
 07 
 
 19 
 
 9 
 
 67 
 
 19 
 
 10 
 
 67 
 
 19 
 
 11 
 
 08 
 
 19 12 68 
 
798 INDEX, 
 
 Cap. Sbo. Pagr. 
 SOLDIERS AND SEAMEN. See post office. 23 37 87 
 
 SPECIAL SESSIONS— 
 
 custos may, and on requisition of three justices, shall call spe- 
 cial sessions — advertisements of business to be transacted 
 at — when to be posted — no other business to be transacted 
 at but that advertised — in absence or illness of custos 
 three justices may call, 45 1 169 
 
 number of justices necessary to compose — ^records to be made 
 and filed in office of clerk of peace. 
 
 SPEAKER. See seats in assemble/, vacating of. 
 STATISTICS. See census. 
 STATUTES- 
 STATUTE LABOR. See surveyors of hiffhways, 4-c. 
 STAVES. See inspection of provisions, <SfC. 
 
 STEAM VESSELS. See goods, importation of. 
 
 STOLEN GOODS. See criminal justice. 
 
 STRAY CATTLE AND HORSES. See cattle and horses strayed. 
 
 STREETS, COMMISSIONERS OF— 
 
 limit vfithin which jurisdiction shall be confined, defined, 64 1 232-5 
 
 subsequent provisions of chapter to extend to city of Hali- 
 fax, unless excepted, 64 2 235 
 clerk and receiver to be appointed — districts subdivided and 
 
 45 
 
 2 
 
 170 
 
 10 
 
 — 
 
 30 
 
 33 
 
 — 
 
 149 
 
 1 
 
 1 
 
 2 
 
 63 
 
 — 
 
 227 
 
 85 
 
 — 
 
 327 
 
 16 
 
 8 
 
 51 
 
 168 
 
 — 
 
 630 
 
 106 
 
 — 
 
 377 
 
 64 
 
 3 
 
 235 
 
 64 
 
 4 
 
 235 
 
 64 
 
 5 
 
 235 
 
 64 
 
 6 
 
 235 
 
 duties of commissioners defined, 
 
 **'all keep and return annually to sessions, accounts of receipts 
 and expenditures, except in city of Halifax, under penalty, 
 
 further duties of commissioners pointed out, 
 
 persons to keep gutters and streets in front of premises clean — 
 
 penalty for neglect — commissioner may order removal of, 64 7 236 
 
 materials for building, &o. may be placed in streets by leave 
 of, 
 
 wells may be dug and pumps provided when necessary, 
 
 nuisances and encroachments may be removed or altered, 
 
 line of street how protected in case of new buildings, 
 
 in case of dispute, line to be settled by jury — mode of pro- 
 ceedings — return how to be confirmed — expense how to 
 be defrayed, 
 
 soil of street not to be broken up without written permission, 
 
 fine for riding or driving on side path, 
 
 three-fifths of duties on licensed houses and shops to be paid 
 
 by county treasurer to commissioners for street purposes, 64 15 238 
 
 Annapolis river bridge at Bridgetown, to be under care of 
 
 Bridgetown commissioners, 64 16 238 
 
 sessions to set oif district — mode of appointment of commis- 
 sioners — vacancy how supplied in case of death or re- 
 fusal — penalty for refusal, 64 17 238 
 
 sessions may include bridges over rivers dividing districts, 64 18 238 
 
 provisions of chapter to apply to commissioners appointed 
 
 under 17th section, ' 64 19 238 
 
 64 
 
 8 
 
 236 
 
 64 
 
 9 
 
 236 
 
 64 
 
 10 
 
 236 
 
 64 
 
 11 
 
 237 
 
 64 
 
 12 
 
 237 
 
 64 
 
 13 
 
 237 
 
 64 
 
 14 
 
 237 
 
INDEX. 
 
 799 
 
 STREETS, COMMISSIONERS OP, {Continued.) 
 sectiona 15 and 17 not to apply to city of Halifax, 
 vacancies of commissioners under 1st section to be supplied 
 
 under 17th, 
 commissioners to have powers of surveyors of highways, 
 mode in which monies and fines are to be recovered and 
 
 applied, 
 limitation of action against commissioners — notice must be 
 
 given, 
 definition of terms used in chapter, 
 
 SuGAR, TARE OP. See inspection of provisions. 
 
 SUMMARY SUITS— 
 
 suits under five pounds not to be commenced in supreme court, 141 
 debts under twenty pounds to be recovered in a summary way 
 
 — judge may order trial by jury, 
 no bail to be filed, 
 
 no declaration or plea necessary — no costs therefor, 
 bail to the sheriff to stand in lieu of special bail, 
 appsllant to enter appeal cause or judgment confirmed, 
 appeal causes to be tried anew, 
 application to court for a jury made on affidavit, 
 judgment on appeal how given — what costs allowed, 
 respondent may have execution, or proceed on appeal bond, 
 summary causes in the country to be tried on first day of 
 term, 
 
 summary causes in Halifax to be tried on first day of sittings 
 
 and given to prothonotary the preceding Thursday, 
 notice of trial to be given in continued causes, 
 
 SUPERVISORS OF PUBLIC GROUNDS— 
 
 mode of appointment — made a body corporate, 
 
 title of all public grounds in township vested in them, 
 
 may lease lands for limited period and render annual accounts 
 
 of receipts and expenditures — balance how applied, 
 certain lands and property exempted from operation of chapter, 
 proceedings in case of encroachments or incumberances on 
 
 roads, and where line of road is in dispute, 
 disobedience of order punishable by fine — non-removal a new 
 
 offence, 
 expense of above proceedings how apportioned and recoverable, 
 what shall be sufficient proof of order to establish plaintiff's 
 
 claim, 
 record of proceedings and lines of road to be signed by super- 
 visors and filed with clerk of peace, 
 appeal may be had to supreme court — pending of appeal to 
 
 stay proceedings, 
 appellant to pay costs, if order confirmed, 
 
 order reversed, supervisors to pay costs, which are to form 
 
 county charge, 
 
 AP. 
 
 Seo. 
 
 Page 
 
 64 
 
 20 
 
 238 
 
 64 
 
 21 
 
 238 
 
 64 
 
 22 
 
 238 
 
 
 23 
 
 238 
 
 64 
 
 24 
 
 239 
 
 64 
 
 25 
 
 239 
 
 85 78 
 
 144 
 
 324 
 
 577 
 
 144 
 
 2 
 
 577 
 
 144 
 
 3 
 
 577 
 
 144 
 
 4 
 
 577 
 
 144 
 
 5 
 
 577 
 
 144 
 
 6 
 
 577 
 
 144 
 
 7 
 
 577 
 
 144 
 
 8 
 
 577 
 
 144 
 
 9 
 
 577 
 
 144 
 
 10 
 
 577 
 
 11 577 
 
 144 
 
 12 
 
 577 
 
 144 
 
 13 
 
 578 
 
 68 
 
 1 
 
 246 
 
 68 
 
 2 
 
 247 
 
 68 
 
 3 
 
 247 
 
 68 
 
 4 
 
 247 
 
 247 
 
 68 
 
 6 
 
 248 
 
 68 
 
 7 
 
 248 
 
 68 
 
 8 
 
 248 
 
 68 
 
 9 
 
 248 
 
 68 
 
 10 
 
 248 
 
 68 
 
 11 
 
 248 
 
 68 
 
 12 
 
 248 
 
800 
 
 INDEX. 
 
 Cap. Sko. Paob 
 
 SUPERVISORS OF PUBLIC GROUNDS, {Continued.) 
 
 supervisors may make order to widen road laid off too narrow, 68 13 249 
 application for widening road to be submitted to sessions with 
 
 agreement with proprietors, if any — sessions, if they see 
 
 fit, may make order to widen, 68 14 249 
 
 when no agreement made three freeholders to be appointed — 
 
 their proceedings to be in accordance with chapter 61, 68 15 249 
 
 roads opened under three last sections not to be wider than 
 
 sixty-six feet, 68 16 249 
 
 what roads are to be affected by this chapter. 68 17 249 
 
 SUPREME COURT AND ITS OFFICERS— 
 
 powers of supreme court, 126 1 409 
 
 commencement and duration of terms in Halifax, and extension 
 thereof — commencement and duration of sittings in Hali- 
 fax, and extension thereof, 126 2 409 
 
 grand jury to attend at sittings and not at terms, 126 3 409 
 
 two sittings of supreme court in all other counties, viz., 
 Lunenburg, Queen's, Shelburne, Yarmouth, Hants, 
 King's, Annapolis, Digby, Cumberland, Pictou, Cape 
 Breton, Victoria, Inverness, Richmond, Guysborough, 
 Sydney, 
 
 duration of terms or sittings, 
 
 adjourned sittings at Annapolis, 
 
 extension of sittings at Digby, 
 
 additional panels of jurors may be directed by judge, 
 
 judge not arriving on day appointed for sittings, sheriff to give 
 
 notice for following day, 126 9 411 
 
 on last day of sittings judge to exercise same powers as in 
 
 term — motions in business at sittings to have precedence, 126 10 412 
 
 original papers not to be taken out of custody of prothonotary 
 
 without judge's order, and to be filed, 126 11 412 
 
 original papers not to be sent to Halifax without order of 
 judge — prothonotaries may provide copies for suitors, to 
 be used as originals, if required, 126 12 412 
 
 prothonotary to furnish statement of fines on first day of term, 
 
 and of convictions, to board of statistics, 126 13 412 
 
 clerk of crown to send calendar of criminals and depositions to 
 grand jury — indictments not to be made out except in 
 Halifax, until grand jury direct, 126 14 412 
 
 prothonotary not bound to issue execution until fees on judg- 
 ment paid to him, 126 15 412 
 
 commissioners for taking bail and aflidavits to hold to bail, to 
 
 be appointed by governor in council, 126 16 412 
 
 powers of commissioners. 126 17 412 
 
 SUPREME COURT, PLEADINGS AND PRACTICE IN— 
 
 PART FIRST. 
 
 personal actions how commenced — forms to be observed as to 
 
 writs, 134 1 487 
 
 forms of action not necessary to be mentioned m writ, &c. 134 2 487 
 
 126 
 
 4 
 
 410 
 
 126 
 
 5 
 
 411 
 
 126 
 
 6 
 
 411 
 
 126 
 
 7 
 
 411 
 
 126 
 
 8 
 
 411 
 
134 
 
 9 
 
 488- 
 
 134 
 
 10 
 
 489 
 
 134 
 
 11 
 
 489 
 
 134 
 
 12 
 
 489 
 
 134 
 
 13 
 
 489 
 
 INDSX. 801 
 
 Qjnp Sec Fagk 
 SUPREME COURT, &c., (^Continued.) 
 
 teste of writs abolished^ and writ to bear date when issued, 134 3 487 
 
 writ to contain declaration, 134 4 487 
 
 order to hoM to bail to be grounded on affidavit — requisites of 
 afBdavit-^capias to issue within limited time — forms of 
 bail bond to be modified if defendant has appeared, 135 5 487 
 
 defendan t may be arrested within one month from date of capias 
 
 — bail how given or deposit made — writ when returnable, 134 6 485 
 
 defendant if improperly described in affidavit or process, not 
 to be discharged if due diligence used to obtain proper 
 name, 134 7 48& 
 
 where defendant is- in custody and plaintiff does not proceed 
 to trial at first sittings, defendant discharged on certain 
 conditions, 134 8 48» 
 
 s-pecial return days for writ of summons, &b., abolished, and 
 writs to be returnable in limited time^ after service 
 thereof, 
 
 forms of writ of summons how altered, 
 
 writs how to be directed — concurrent writs may be issued, 
 
 sheriif to endorse on writ day of service, otherwise no fees, 
 
 no civil writ or process to be served or executed on Sunday, 
 
 service to be personal where practicable, unless on affidavit of 
 evasion by defenda,nt, when court or judge may direct 
 mode, &c,, ■ 134 14 489 
 
 writs against corporations may be served on president, secre- 
 tary, &c., 
 
 plaintiff shall endorse on writ particulars of his claim, 
 
 for want of particulars, plaintiif not entitled to final judg- 
 ment on default, 
 
 credits must be given b,y plaintiff, where any exist, 
 
 notice of trial may be endorsed on summons, 
 
 set-off must be jjleaded, and particulars delivered vrith plea, 
 
 with credits, if any ; otherwise plea a nullity, 134 20 489 
 
 particulars not to be adapted by either party, esoept as a 
 
 whole, 134 21 489 
 
 summons for particulars how obtained — for further particulars 
 
 must be on affidavit, 134 22 490 
 
 defendant to plead after particulars delivered under order at 
 same time as at return of summons, when judgment 
 signed, 134 23 490 
 
 judgment by default may be marked for amount of parti- 
 culars, &c., on non-appearance, 134 24 490 
 
 appearance when to be made — if after appointed time no fur- 
 ther time for pleading, &c. to be allowed him, 134 25 490 
 
 defendant may be admitted to defend within a year after final 
 
 judgment on cause shown by affidavit, 134 26 490' 
 
 on judgment by default where particulars not given, no costs 
 to be allowed on assessing damages except in certain 
 cases, 134 27 490 
 
 damages how assessed on default and judgment entered, 134 28 490 
 
 134 
 
 15 
 
 489 
 
 134 
 
 16 
 
 489 
 
 134 
 
 17 
 
 489 
 
 134 
 
 18 
 
 489 
 
 134 
 
 19 
 
 489 
 
802 INDEX. 
 
 Cap. Sec. Page. 
 
 J 34 
 
 30 
 
 491 
 
 134 
 
 31 
 
 491 
 
 134 
 
 32 
 
 491 
 
 134 
 
 33 
 
 491 
 
 134 
 
 34 
 
 491 
 
 134 
 
 35 
 
 491 
 
 SUPREME COURT, &c„ (Continued.) 
 
 damages may be assessed before court, jury, or single judge, 134 29 . 491 
 
 defendant must appear and plead within four days after limited 
 time, 
 
 notice to appear and plead must be endorsed on writ, 
 
 when defendant appears in person, address must be given, 
 
 proceedings when one of several defendants appears, 
 
 warrants to prosecute and defend, need not be filed, 
 
 common bail abolished — appearance to be in certain form, 
 
 joinder of too many plaintiffs not fatal — those entitled may 
 
 recover, 134 36 491 
 
 defendant pleading set off against plaintiffs improperly joined, 
 
 may obtain benefit on proving indebtedness, 134 37 491 
 
 non-joinder of plaintiff may be amended "at any time before 
 
 trial, 134 38 492 
 
 mode in which such non-joinder may be amended, 134 39 492 
 
 where too many defendants are joined, plaintiff may recover 
 against those liable, and the others shall be entitled to 
 their costs, 134 40 492 
 
 on plea of non-joinder by defendant, plaintiff may amend his 
 
 writ — service of amended writ on added defendant, to be 
 
 commencement of suit against him, 
 
 provisions as regards cost of original and added defendants, 
 
 in actions by husband and wife, claims of husband alone may 
 be joined, 
 
 death of parties not to abate suit, 
 
 on death of one of several plaintiffs or defendants, action to 
 
 survive and be prosecuted against survivor, 134 45 493 
 
 on death of sole plaintiff, legal representative may proceed 
 
 within two years — suggestion to be proved at trial, 134 46 493 
 
 proceedings in case of death of sole or sole surviving defen- 
 dant, 134 47 493 
 
 death of either party between verdict and judgment, effect of, 134 48 494 
 
 death of plaintiff or defendant between interlocutory and final 
 judgment not to abate suit — action how to be proceeded 
 with, 134 49 .494 
 
 marriage of plaintiff or defendant not to abate suit — judgment 
 may be executed against wife alone, or by suggestion or 
 revivor against husband and wife, 134 50 494 
 
 after trial questions may be stated for trial without pleadings 
 
 by consent of parties and leave of court or judge, 134 51 495 
 
 judgment may be entered and recorded on finding of jury, 134 52 495 
 
 after trial, questions of law may be stated for opinion of 
 
 court without pleading, as in questions of fact, 134 53 495 
 
 clear statements of necessary facts in pleading sufficient with- 
 out technicalities or form, 134 54 495 
 
 immaterial statements in pleading shall be omitted, and if 
 
 made shall be struck out, 134 55 495' 
 
 no plea in summary suits, but brief statement of defence to be 
 
 stated in appearance, 134 56 495 
 
 134 
 
 41 
 
 492 
 
 134 
 
 42 
 
 492 
 
 134 
 
 43 
 
 492 
 
 134 
 
 44 
 
 493 
 
INDEX 803 
 
 ^ Cap. Sec. Page. 
 
 SUPREME COURT, &c. (Continued.) 
 
 venue not to be changed ■without special order, except by 
 
 consent, 134 57 496 
 
 no venue need be stated in body of writ or other pleading, 134 58 496 
 
 demurrer to pleadings to be for asubstantial defect and not for- 
 mal merely, ' 134 59 496 
 
 pleadings not to be insufficient except in certain specified 
 
 cases, 134 60 496 
 
 duplicity, argumentativeness, &c., not to be grounds of 
 objection to a pleading, except where calculated to mislead 
 opposite party, who, on application, may obtain summons 
 to amend, 134 61 496 
 
 on hearing such summons judge may order amendment, and if 
 not made, other party may demur — if summons dismissed, 
 costs to follow, 
 
 court may exercise functions of judge under sections 61 and 62, 
 
 demurrer on such ground must state it is pleaded by leave, 
 
 ■what judgment on such demurrer to be given, 
 
 form of demurrer, 
 
 form of joinder in demurrer, 
 
 matters of law must be stated in demurrer, 
 
 demand for joinder substituted for rule for joinder, 
 
 frivolous, vexatious, or colorably amended pleadings, may be 
 set aside by court or judge, 
 
 general issue by statute abolished, 
 
 forms in schedule B. sufficient, but may be modified, 
 
 in action on bills of exchange, &c., plea must traverse some 
 
 matter of fact — certain pleas inadmisaable, 134 73 497 
 
 in actions on contracts all matters in confession and avoidance 
 must be specially pleaded, 
 
 in actions on policies, interest of assured how averred, 
 
 in actions on specialties " non est factum' ' to be a denial only 
 of fact of execution of deed — other defences to be spe- 
 cially pleaded, 
 
 plea of " nil debet" abolished, 
 
 all matter in confession and avoidance must be pleaded 
 .specially, 
 
 payment must be pleaded in bar in all cases, 
 
 what must be pleaded specially in actions for wrongs indepen- 
 dent of contract, 
 
 effect of plea of denial in actions for trespass to land, plain- 
 tiff's possession, &c., must be specially traversed, 134 81 498 
 
 plea denying defendants having committed wrong alleged for 
 taking goods, &c., not to operate as a denial of property 
 — if intended to be denied, must be traversed specially, 134 • 82 498 
 
 no further pleadings after plea, except demurrer or replication 
 
 to plea of set off, &c., except by leave, 134 83 498 
 
 express colour, profert, oyer, and special traverses abolished, 134 84 499 
 
 any written deed, &c., referred to in pleadings may be 
 demanded — on refusal application may be made to a 
 judge, 134 85 499 
 
 58 
 
 134 
 
 62 
 
 496 
 
 134 
 
 63 
 
 496 
 
 134 
 
 64 
 
 497 
 
 134 
 
 65 
 
 497 
 
 134 
 
 66 
 
 497 
 
 134 
 
 67 
 
 497 
 
 134 
 
 68 
 
 497 
 
 134 
 
 69 
 
 497 
 
 134 
 
 70 
 
 497 
 
 134 
 
 71 
 
 497 
 
 134 
 
 72 
 
 497 
 
 134 
 134 
 
 74 
 75 
 
 497 
 498 
 
 134 
 134 
 
 76 
 
 77 
 
 498 
 498 
 
 134 
 134 
 
 78 
 79 
 
 498 
 498 
 
 134 
 
 80 
 
 498 
 
804 INDEX. 
 
 Cap. Sec Faoz, 
 
 SUPREME COURT, &c. (Continued.) 
 
 such demand, summons or order, no stay of proeeedinga, unless 
 
 specially ordered, 134 86 499 
 
 a party in his pleadings may set out documents or any part 
 
 thereof material, and to be taken as part of pleadings, 134 87 499 
 
 performance of conditions precedent, may be generally averred 
 and denial must specify the conditions precedent the per- 
 formance of which he intends to deny, 134 88 499 
 
 general issue abolished, and facts denied to be pleaded par- 
 ticularly and concisely, 134 89 499 
 
 rule to plead and demand of plea abolished, 134 90 499 
 
 form of notice on amended declaration plea, or subsequent 
 pleading — default marlied for irant of plea or non pros if 
 defendant — at expiration of time in notice judge may 
 grant further time to plead, and may order default or 
 non pros to be set aside upon reasonable and just terms 
 — court or judge may give rule or order to plead or reply 
 in less time than ten days, 134 91 499 
 
 several counts, pleas and replications allowed in causes, but 
 if unnecessary in opinion of judge no costs for same to be 
 allowed — ^the cost of all issues to be borne by party fail- 
 ing — thejury to find issues separately, 134 92 500 
 
 no continuances by way of imparlance, &c., shall be made on 
 any record, &o. — plea oi puis darrein continuance may be 
 pleaded, 134 93 50O 
 
 defence arising after action, how pleaded, 134 94 500 
 
 in trespass quare clausumf regit, property to Ije "described by 
 
 metes and bounds, or other certain designations, 134 95 500* 
 
 in trespass to person or property, defendant may demand 
 particulars, and plaintiff particulars of justification — 
 judge may order plans of place in question to be 
 exchanged, 134 96 50O 
 
 new assignment not to be pleaded without leave of 
 
 court, 134 97 50a 
 
 plea to new assignment how pleaded — ^restricted except in 
 
 denial — ^leave of court necessary — how obtained, 134 98 509 
 
 how words in slander and libel to be averred, 134 99 500 
 
 how words in slander to be proved — unnecessary to aver or 
 prove special damage where words defamatory or spoken 
 maliciously, 134 lOr 501 
 
 in all personal actions, except for malicious arrest or prosecu- 
 tion, criminal conversation or debauching daughter or 
 servant, money by way of amends may be paid into court 
 by defendant without rule or judges order — exception, 
 
 payment of money into court to be pleaded — form, 
 
 mode of paying money into court, and how paid out, 
 
 replication to such plea — course to be pursued thereunder, 
 
 rule for further time to plead, how obtained, 
 
 pleadings how filed and delivered, 
 
 pleadings to be signed by party or his attorney, 
 • plea not to be waiyed without leave of court or judge. 
 
 134 
 
 101 
 
 501 
 
 134 
 
 102 
 
 501 
 
 134 
 
 103 
 
 501 
 
 134 
 
 104 
 
 501 
 
 134 
 
 105 
 
 501 
 
 134 
 
 106 
 
 501 
 
 134 
 
 107 
 
 502 
 
 131 
 
 108 
 
 502 
 
134 
 
 109 
 
 502 
 
 134 
 
 110 
 
 502 
 
 134 
 
 111 
 
 502 
 
 134 
 
 114 
 
 502 
 
 134 
 
 115 
 
 502 
 
 134 
 
 116 
 
 503 
 
 134 
 
 117 
 
 503 
 
 134 
 
 118 
 
 503 
 
 INDEX. 805 
 
 SUPREME COURT, &o. {Continued.) ^'"'' ^'"'' ^'"'''''^ 
 
 set off, 
 
 formal parts of plea abolished, except in estoppels, 
 
 no formal defeace necessary, 
 
 not necessary to state in second or third plea, that it is 
 pleaded by leave of court <sr in accordance with the form of 
 statute, 134 112 502 
 
 a, single plea may be pleaded to several counts for same cause 
 of action — ^such pleas er replications may be set aside 
 and by what mode, 134 113 502 
 
 ■character in which nominal plaintiff's sue, not in issue unless 
 specially denied, 
 
 oiscontinuance, mode and rfTect, 
 
 party may plead and demur at same time by leave of court, 
 
 •different causes of action may be joined, 
 
 notices received in evidence on affidavit, 
 
 VIEWS. 
 
 views abolished unless judge order otherwise, 134 119 503 
 
 EXECUTION. 
 
 forms of execution and return, 
 officer to obey endorsement on execution, 
 ■executions when to be issued, > 
 
 member of parliament released by reason of his privilege, 
 current gold and silver •coin may be taken in execution, 
 provincial bank notes and evidence of debt issued by any cor- 
 poration and circulated as money, may be taken in 
 
 execution and paid to creditor at his option, or sold as 
 
 chattels, 
 property lexempted from execution, 
 €xecution to bind goods from delivery to sheriff, and time of 
 
 delivery to be endorsed on writ by sheriff, 
 judgments to bear interest, 
 attorney's written order justification to sheriff for discharge of 
 
 debtor, unless notice to contrary be given by principal — 
 
 discharge no satisfaction of debt unless given by authority 
 
 of creditor — attorney not justified in giving such order of 
 
 discharge without authority of creditor, 
 ■satisfaction pieces how sigaed, &c., and form, 
 
 SCIRE FACIAS. 
 
 scire facias not necessary within six years, 
 judgment how revived, 
 
 AMENDMENT. 
 
 defects and errors in civil cases, how amended, 
 
 party dissatisfied with amendment may apply for new trial, 
 
 amendments how made at trial, 
 
 EJECTMENT. 
 
 actions of ejectment how commenced — damages may be givai 
 
 therein, &c., 134 136 505 
 
 134 
 
 120 
 
 503 
 
 134 
 
 121 
 
 503 
 
 134 
 
 122 
 
 503 
 
 134 
 
 123 
 
 503 
 
 134 
 
 124 
 
 503 
 
 134 
 
 125 
 
 503 
 
 134 
 
 126 
 
 503 
 
 134 
 
 127 
 
 504 
 
 134 
 
 128 
 
 504 
 
 134 
 
 129 
 
 504 
 
 134 
 
 130 
 
 504 
 
 134 
 
 131 
 
 504 
 
 134 
 
 132 
 
 504 
 
 134 
 
 133 
 
 505 
 
 134 
 
 131 
 
 505 
 
 134 
 
 135 
 
 505 
 
806 
 
 INDEX. 
 
 Cap. Sec. Page. 
 
 134 
 
 137 
 
 506 
 
 134 
 
 138 
 
 506 
 
 134 
 
 139 
 
 505 
 
 134 
 
 140 
 
 506 
 
 134 
 
 141 
 
 505 
 
 134 
 
 142 
 
 506 
 
 134 
 
 143 
 
 506 
 
 134 
 
 144 
 
 506 
 
 134 
 
 148 
 
 507 
 
 134 
 
 147 
 
 507 
 
 134 
 
 149 
 
 507 
 
 134 
 
 150 
 
 507 
 
 134 
 
 151 
 
 507 
 
 134 
 
 152 
 
 507 
 
 SUPREME COURT, &c. (Continued.) 
 
 description of property and parties andnotioe — service of writ, 
 and in case of vacant possession, 
 
 forms in ejectment, 
 
 who may appear in ejectment, 
 
 plea to part, no defence to whole of premises, 
 
 defence may be for part of premises, 
 
 substance and form of plea, 
 
 want of certainty in writ or plea not to nullify, but ground^ 
 for application for better particulars, 
 
 judgment for part undefended, 
 
 on plea for whole or part, cause at issue, and trial to proceed — 
 
 mode of— damages may be recovered — cases excepted, 134 145 505 
 
 actions by joint tenants, tenants in common or coparceners, 
 
 and pleadings by, 134 146 507 
 
 plaintiff entitled to judgment and costs although title eitpired 
 before trial, 
 
 effect of non-appearance of plaintiff or defendant at trial, 
 
 execution in ejectment, 
 
 action not to abate by death of plaintiff or defendant, 
 
 proceedings to continue notwithstanding death of one of 
 several claimants — ^leaving a surviving claimant — sug- 
 gestion thereon, 
 
 proceedings where right does not survive, 
 
 proceedings on death of one of two or more claimants after 
 
 verdict and before execution, 134 153 508 
 
 proceedings on death of sole claimant or one of several whose 
 right does not survive, 
 
 proceedings in case of joint defendants, one dying, 
 
 proceedings on death of sole defendant or all defendants, 
 
 proceedings on same after verdict, 
 
 proceedings on death of one of several defendants defending 
 
 for part of property, 134 158 509 
 
 proceedings in case of death before trial of one of several 
 
 defendants who defend separately, 134 159 509 
 
 claimant may discontinue as to one or more defendants — 
 
 mode of, 134 160 509 
 
 discontinuance by one of several claimants, 134 161 510 
 
 defendant or defendants may confess action for whole or part 
 
 of property claimed — mode of, 134 162 510 
 
 one of several defendants defending separately for a part not 
 claimed by other defendant, may confess action — proceed- 
 ings thereupon, 134 163 510 
 
 one of several defendants defending separately for a part 
 claimed also by other defendants, may confess proceed- 
 ings thereupon against himself, 134 164 510 
 
 effect of judgment in action under this chapter, same as judg- 
 ment in present action of ejectment, 
 
 in ejectment jury may find special verdict, 
 
 judgment on verdict for claimants, and execution, 
 
 134 
 
 154 
 
 508 
 
 134 
 
 155 
 
 508 
 
 134 
 
 156 
 
 508 
 
 134 
 
 157 
 
 509 
 
 134 
 
 165 
 
 510 
 
 134 
 
 166 
 
 510 
 
 134 
 
 167 
 
 510 
 
INDEX. 807 
 
 SUPREME COURT, &c. (Continued) ^^^- ^^°- ^''™- 
 security for costs to be given in second action of ejectment by 
 
 unsuccessful party in first, I34 les 510 
 
 verdict for defendant, execution may issue for costs, 134 169 511 
 court invested yrith same jurisdiction as previously exercised 
 
 ^y tl^em, 134 ijQ 511 
 
 REPLEVIN. 
 
 replevin may be brought for unlawful detention, 134 171 511 
 
 no writ of replevin to issue, except for property distrained for 
 rent, or damage feasant, unless on affidavit filed in form 
 in Appendix A. number 19, 134 172 511 
 
 in replevin security to be given to sheriff, , 134 I73 511 
 
 defendant may retain goods replevied on giving security to 
 
 sheriff— security to be assigned by sheriff, 134 174 511 
 
 damages may be awarded to either party, 134 175 511 
 
 BAIL. 
 
 bail to sheriff to be bail to action — right of bail to render 
 
 defendant — form of bail bond, 134 176 511 
 
 bail when given to sheriff and justified if required, party to 
 
 defend without giving special bail, 134 177 511 
 
 •when bail to justify — sheriff liable for taking insufficient bail 
 
 — may render defendant and pay costs, 134 178 512 
 
 sheriff to return writ and bail bond with an assignment 
 
 thereon to plaintiff by endorsing his name thereon 134 179 512 
 
 return non est inventus bail may render in discharge, 134 180 512 
 
 bail may justify before judge or commissioner by affi- 
 davit if residing above twenty miles from place where 
 action brought, 134 181 512 
 
 loss of bill of exchange or other negotiable instrument not to 
 be set up if ordered by court or judge — indemnity to be 
 given, 134 182 512 
 
 MISCELLANEOUS. 
 
 distinction of suing or defending as attorney abolished, 
 
 notice of trial — time of giving, &c. 
 
 docket of civil causes for trial, how made up, 
 
 jury causes, when to be set down, 
 
 docket of jury causes for trial, when to be called, and conse- 
 quence of plaintiff's or defendant's counsel not answering, 
 
 docket to be called but once, 
 
 docket when to be called on circuit — to be continued if plain- 
 tifTs counsel does not answer — and plaintiff to have judg- 
 ment if defendant's counsel does not answer, 134 189 518 
 
 continuance of cause for absence of material witness on 
 affidavit — ifhat it shall state, 
 
 motions arising during trial — only one counsel to be heard, 
 
 address to jury, how conducted,' 
 
 new trial, when rule refused by judge, 
 
 new trial not to be granted on account of improper reception 
 
 of evidence, if other evidence sufficient to sustain verdict, 134 194 514 
 
 134 
 
 183 
 
 512 
 
 134 
 
 184 
 
 512 
 
 134 
 
 185 
 
 513 
 
 134 
 
 186 
 
 513 
 
 134 
 
 187 
 
 513 
 
 134 
 
 188 
 
 513 
 
 134 
 
 190 
 
 514 
 
 134 
 
 191 
 
 514 
 
 134 
 
 192 
 
 514 
 
 134 
 
 193 
 
 514 
 
134 
 
 200 
 
 515 
 
 134 
 
 201 
 
 515 
 
 134 
 
 202 
 
 515 
 
 134 
 
 203 
 
 515 
 
 808 INDEX. 
 
 Cap. Sec Page. 
 SUPREME COURT, &c. (Continued.) 
 
 judgments to carry costs, 134 195 514 
 
 new trial granted for misdirection or that verdict against evi- 
 
 dence — costs to abide event unless otherwise ordered, 134 196 514 
 
 less than forty shillings recovered in certain cases, not to carry 
 
 costs, unless certified, &c., 134 197 514 
 
 one of several defendants entitled to costs when plaintiff does 
 not proceed to final judgment against him, or on verdict 
 in his favor, unless judge certify there was cause for in- 
 cluding him in action, 134 198 515 
 
 plaintiff not entitled to costs where claim might have been set 
 
 off in prior suit, but shall pay to defendant his costs, 134 199 515 
 
 defendant in action against acceptor of bill of exchange or 
 maker of promissory note, on payment of debt and costs, 
 may stay proceedings, 
 
 no costs to be allowed for excess in length of pleadings, 
 
 rule for new trial without mention of costs — successful party 
 not to have costs of first trial, 
 
 application for security of costs must be before issue joined, 
 
 orders to stay proceedings until security for costs, may be 
 granted by prothonotary — party dissatisfied may apply to 
 court or judge — plea, &c., filed meanwhile, not to pre- 
 judiceparty applying, 134 204 515 
 
 if security not given within a year, plaintiff to be out of 
 
 court, 134 205 516 
 
 costs shall be allowed to successful party on rules, unless 
 court direct otherwise, 
 
 costs of commissions and depositions to be costs in the cause, 
 
 costs relating to examinations de bene esse to be costs in cause, 
 
 costs to be examined by prothonotary and taxed by judge, 
 
 taxed costs to be filed, 
 
 notice of taxation of costs must be given to opposite party, 
 and bill with papers filed with prothonotary, at Halifax, 
 
 execution may issue for interlocutory costs, when taxed, 
 
 interest may be allowed by jury or judge, on sum certain, 
 
 damages in the nature of interest may be allowed in conversion 
 and seizure of goods above value of goods, &c., and on 
 insurance policies, 134 214 516 
 
 where set-off exceeds plaintiff's claim, defendant shall have 
 
 judgment for excess, 134 215 517 
 
 judgment of non-suit may J)e ordered, notwithstanding pre- 
 vious trial, 134 216 517 
 
 any judge may sign docket of final judgment — no marginal 
 note required on record, 
 
 judgment to hase reference only to day it was signed, 
 
 additions aj^^Iace of residence of the deponent to be inserted 
 in affidavits, 
 
 mode of computation of time as respects days, 
 
 when judges order made rule of court, costs of so doing to be 
 
 paid by party against whom it is made, 134 221 517 
 
 134 
 
 206 
 
 516 
 
 134 
 
 207 
 
 516 
 
 134 
 
 208 
 
 516 
 
 134 
 
 209 
 
 516 
 
 134 
 
 210 
 
 516 
 
 134 
 
 211 
 
 51* 
 
 134 
 
 212 
 
 516 
 
 134 
 
 213 
 
 516 
 
 134 
 
 217 
 
 517 
 
 134 
 
 218 
 
 517 
 
 134 
 
 219 
 
 517 
 
 134 
 
 220 
 
 517 
 
134 
 
 227 
 
 518 
 
 134 
 
 228 
 
 518 
 
 134 
 
 229 
 
 518 
 
 134 
 
 230 
 
 518 
 
 INI>EX. 809 
 
 SUPREME COURT, &c. (Continued.) , *^''^' *'"'• ^''°'- 
 
 all causes for argument must be entered at Halifax on Tuesday 
 
 before first day of term, otherwise judgment, 134 222 517 
 
 rules nisi to set aside verdicts must be entered on Tuesday 
 
 preceding term by party obtaining same, 134 223 517 
 
 party against whom rule nisi has been obtained may enter 
 
 same, and no second entry required, 134 224 517 
 
 papers connected with argument, must be filed woek before 
 
 ^erm, I34 225 518 
 
 rule nisi not to be argued unless judges report of trial filed 
 week before term — either party may apply to judge to 
 amend report, I34 226 518 
 
 court will grant rules nisi in first instance on sufficient 
 
 grounds shewn at Halifax, 
 business at Halifax on first day of term regulated, 
 priority of counsel as regards cases for argument duly entered — 
 exception in favor of continued causes — no concilium to be 
 moved for on demurrers, 
 mode in which arguments are to be conducted, 
 attornies must provide each judge with copies of all papers 
 
 necessary for purposes of argument, 134 231 518 
 
 one summons only necessary to attend before judgeat chambers 
 
 in same matter — order to be granted if party entitled, 
 judge instead of order may grant rule nisi, 
 mode of entering country judgments by prothonotary at 
 Halifax — transcript how made out and sent — effect of 
 entry thereof, 
 judgment after argument may be delivered at chambers, 
 interest may be allowed on verdict where judgment delayed by 
 
 rule nisi, unless otherwise ordered, 134 236 519 
 
 judges may make general rules to facilitate practice, to be 
 
 published in gazette before going into practice, 134 237 519 
 
 -, practice of superior courts previous to first year William IV. 
 to prevail in cases not provided for herein^— queen's 
 bench to be preferred, 
 fees to be as in table of schedule, 
 
 persons taking excessive fees to forfeit ten pounds and excess, 
 
 actions for such forfeitures must be brought in six months, 
 
 provision made for country judgments since September, 1851, 
 
 warrant of attorney and cognovit must be filed in prothono- 
 
 tary's office within ten day's from date, otherwise to be 
 
 void — defeazance must be endorsed on warrant, 134 243 520 
 
 prothonotary in each county shall enter warrants, &c., in a 
 
 book to be kept for the purpose — mode of entry — fees to 
 
 be paid for such entry and for searches, &c., 134 244 520 
 
 warrants, &c. previously to 7th May, 1858, to be filed within 
 
 ninety days from chapter going into operation, 134 245 520 
 
 issue of fact may, by consent of parties, be tried by presiding 
 judge, if he think fit to allow trial — effect of decision of 
 judge on such trial, 134 246 520 
 
 134 
 
 232 
 
 519 
 
 134 
 
 233 
 
 519 
 
 134 
 
 234 
 
 519 
 
 134 
 
 235 
 
 519 
 
 134 
 
 238 
 
 519 
 
 134 
 
 239 
 
 519 
 
 134 
 
 240 
 
 520 
 
 134 
 
 241 
 
 520 
 
 134 
 
 242 
 
 520 
 
810 INDEX. 
 
 Cap. Seo. Page 
 
 SUPEEME COUET, &o. (Continued.) 
 
 writs of enquiry how returnable — ■judgment when to be 
 
 obtained, 134 247 521 
 
 iaile of fees in schedule, pp. 521 to 523. 
 
 appendix A., forms of writs, pleas, particulars of demand, sug- 
 gestions, bonds, &c., pages 523 to 531. 
 
 appendix B., specimens of forms of pleadings, &c. pages 
 531 to 534, 
 
 PART SECOND. 
 
 plaintiff may issue summons against British subject resident 
 out of province, and under what circumstances — what 
 requisites to be stated in affidayit and proved, 134 I &35 
 
 similar proceedings may be taken against foreigner residing 
 
 out of province — form of summons, 134 2 535 
 
 writ if irregular not to be void, but may be amended on 
 
 application to court or judge on terms, 134 3 536 
 
 substitution of forms no objection to writ, but may be amen- 
 ded by judge without costs, 134 4 536 
 
 current writs for service within or without the province may 
 
 issue, and be marked accordingly, 134 5 536 
 
 affidavits before whom to be sworn — persons knowingly ten- 
 dering affidavit with false signature, how punished, 134 6 536 
 
 schedules A. and B. containing forms of writs, notices, &c. 
 pages 536 to 538. 
 SUEGEONg. See physic and surgery. 57 — 205 
 
 SUEVEYOE GBNEEAL-AND COMMISSIONEE OF CEOWN 
 
 LANDS— 
 to be united in one person — duration of office, 37 1 159 _ 
 
 his salary and clerks — salary of clerks, 37 2 160 
 
 salaries to be in current money of Nova Scotia, 37 3 160 
 
 SUEVEYOES OF HIGHWAYS AND HIGHWAY LABOE, 
 
 EXCEPT IN CITY OP HALIFAX— 
 not to extend to city of Halifax, 63 1 227 
 
 districts for statute labor, as established, confirmed, 63 2 227 
 
 sessions may erect new districts or alter established ones, 63 3 227 
 
 persons liable to perform statute labor, and the number of 
 
 days' labor which they shall perform, 63 4 227 
 
 additional labor to be performed by owners of cattle, &c., 63 5 228 
 
 owners of working oxen, when to be relieved, while pasturing 
 
 them, 63 6 228 
 
 penalty for neglecting to send teams when required, 63 7 228 
 
 householders over 60 years of age, owning cattle, &c. shall send 
 
 them to work when notified — penalty for neglect, 63 8 228 
 
 owners of cattle, &c. to send team, &o. if he own one^penalty 
 
 for neglect, 63 9 228 
 
 day shall mean eight working hours, 62 10 228 
 
 lists to be made out of persons liable to labor, and by whom, 62 11 228 
 time within which labor is to be performed — length of notice 
 
 to be given — surveyors and commissioners to attend and 
 
 oversee work, and to be excused from highway labor, 63 12 228 
 
INDEX. 
 
 811 
 
 SUEVEYORS OF HIGHWAYS, &c., {Continued.) 
 
 seasons specified in certain counties for labor to be performed 
 absent persons liable to perform labor, to do so on returning, 
 
 unless on proof of performance of labor elsewhere, 
 in case of obstruction of roads or bridges, persons in district 
 
 to attend immediately on notice to remove the same, 
 persons may pay commutation for labor at rate of three 
 
 shillings per day, 
 person not laboring or paying commutation, to be fined, 
 justices may relieve poor persons from portion of labor to be 
 
 performed, 
 persons residing on islands not liable to labor on main land; 
 sessions may grant permission to perform labor on particular 
 
 roads, 
 surveyor not to alter highway without consent of two justices, 
 winter labor to be performed when deemed necessary, 
 surveyor to make annual return to clerk of peace of labor 
 
 performed, 
 statute labor may be remitted by justices under certain terms, 
 absent persons to be notified after return req[uired in section 14, 
 surveyors of highways to be paid for their attendance, 
 surveyor liable to pay double the amount of any labor lost by 
 
 negledt — application of penalty when recovered, 
 fines, &c., incurred by minors, recoverable from parents, 
 
 masters, or guardians, 
 forfeitures, how to be sued for, recovered, and apportioned, 
 appendices A. and B., page 232. 
 SURVEY OES OP SHIPPING. See registry of ships. 
 TELEGRAPH — Sworn operator exempt from certain duties. 
 TENANCY BY COURTESY. See lands, descent of, real and 
 
 pesoncd property. 
 
 TENANCY IN COMMON. See partition. 
 
 see joint tenancy, 
 
 TENANCY, JOINT. See joint tenancy. 
 TENANT. See distress. 
 TIMBER. See inspection, 4^c. 
 
 see rivers, <SfC, 
 TOWN CLERK. See stray horses and cattle, 
 TOWNSHIP AND PEACE OFFICERS, THEIR POWERS, 
 APPOINTMENT, QUALIFICATION, AND DUTIES— 
 established boundary lines of townships confirmed, 
 appointment of surveyors of lines and bounds — their duties, 
 town ofiScers, how nominated and appointed, 
 in case of omission of sessions, two justices may appoint, 
 ofBcers to be sworn — penalties upop, 
 penalty upon surveyor of highways, how enforced, 
 proof of appointment of surveyor of highways sufficient evi- 
 dence — mode of proof 
 
 59 
 
 CAP. 
 
 63 
 
 63 
 
 Sec. Faoe. 
 
 13 229 
 
 14 229 
 
 63 15 
 
 229 
 
 63 
 
 16 
 
 230 
 
 63 
 
 17 
 
 230 
 
 63 
 
 18 
 
 230 
 
 63 
 
 19 
 
 230 
 
 63 
 
 20 
 
 230 
 
 63 
 
 21 
 
 231 
 
 63 
 
 22 
 
 231 
 
 63 
 
 23 
 
 231 
 
 63 
 
 24 
 
 231 
 
 63 
 
 25 
 
 231 
 
 63 
 
 26 
 
 231 
 
 63 
 
 27 
 
 231 
 
 63 
 
 28 
 
 231 
 
 63 
 
 29 
 
 232 
 
 76 
 
 
 
 2^2 
 
 59 
 
 1 
 
 208 
 
 115 
 
 17 
 
 393 
 
 139 
 
 — 
 
 562 
 
 116 
 
 — 
 
 394 
 
 116 
 
 — 
 
 394 
 
 140 
 
 — 
 
 578 
 
 85 
 
 99 
 
 327 
 
 103 
 
 — 
 
 373 
 
 106 
 
 2 
 
 377 
 
 48 
 
 1 
 
 188 
 
 48 
 
 2 
 
 188 
 
 48 
 
 3 
 
 188 
 
 48 
 
 4 
 
 188 
 
 48 
 
 5 
 
 188 
 
 48 
 
 6 
 
 189 
 
 48 
 
 189 
 
812 
 
 INDEX. 
 
 TOT\^NSHIP AND PEACE OFFICERS, &c„ (Continued.) 
 
 what persons exempt from being surveyors of highways, 
 
 in case of death or absence from township, successor how ap- 
 pointed, 
 
 clerk of township to have custody of plans, grants, &o., of 
 township — fee for' inspection, 
 
 constables to attend supreme court and sessions — how appointed, 
 
 mode of appointment of special constables, 
 
 by whom to be directed and controlled, 
 
 before whom to be sworn, 
 
 duration of their appointment, 
 
 in case of disorder at public meetings may be verbally ap- 
 pointed — and by whom^ 
 
 penalty on special constables refusing to serve, 
 
 police constables, how appointed and paid, 
 
 funds to defray expense, how raised, 
 
 penalty for resisting constable in execution of his duty, 
 
 TREASON— 
 
 definition of treason — punishment with death and forfeiture, 
 acts of imperial parliament directing proceedings in England 
 for high treason to govern trials in this province. 
 TREASURY NOTES— 
 
 commissioners of, how appointed, 
 form and mode of issue of, 
 old to be replaced by new, 
 
 dated previously to 1846, to be defaced — lodged in provincial 
 secretary's ofBce — committee of public accounts to exa- 
 mine and destroy, 
 issued since 1846 may be applied in payment of warranto, and 
 
 . again received in payment of duties, 
 issued since 1846, if torn or defaced, may be replaced, 
 issue of limited, 
 further issue authorized — mode of issue and form of, and 
 
 receivable at treasury, and in payment of duties, 
 issued under acts to provide funds for the constr action of rail- 
 ways, payable in gold or silver on demand. 
 TREATY BETWEEN HER MAJESTY AND UNITED STATES 
 
 OF AMERICA. 
 TREES. See malicious injury to property. 
 TRESPASS. See petty trespasses and assaults. 
 TROOPS, BILLETTINQ OF. See bilkttins troops. 
 
 TRUSTEES— 
 
 removal of, &c., 
 
 see executors, administrators, <f e. 
 USEFUL BIRDS AND ANIMALS. See birds. 
 USURY. See interest. 
 
 VACATING SEATS IN LEGISLATURE. See seats in assem- 
 bly, <f c. 
 
 Cap. Sec. 
 48 8 
 
 Paoe. 
 189 
 
 48 
 
 38 
 
 9 189 
 
 48 
 
 10 
 
 189 
 
 ■48 
 
 11 
 
 189 
 
 48 
 
 12 
 
 189 
 
 48 
 
 13 
 
 189 
 
 48 
 
 14 
 
 189 
 
 48 
 
 15 
 
 189 
 
 48 
 
 16 
 
 190 
 
 48 
 
 17 
 
 190 
 
 48 
 
 18 
 
 190 
 
 48 
 
 19 
 
 190 
 
 48 
 
 20 
 
 190 
 
 155 
 
 1 
 
 610 
 
 155 
 
 2 
 
 610 
 
 38 
 
 1 
 
 160 
 
 38 
 
 2 
 
 160 
 
 38 
 
 3 
 
 160 
 
 160 
 
 /^^^^ />--^ /-t^^t- 
 
 38 5 
 
 160 
 
 38 6 
 
 160 
 
 38 6 
 
 160' 
 
 38 12 
 
 161 
 
 38 13 
 
 161 
 
 12 1 
 
 40 
 
 166 9 
 
 626 
 
 147 — 
 
 581 
 
 30 1 
 
 146 
 
 iy*z 
 
 576 
 576 
 
 92 — 
 
 352 
 
 82 — 
 
 309 
 
 10 — 
 
 30 
 
 
 I'-i^ ^ 
 
Cap. 
 
 Seo. 
 
 Page. 
 
 54 
 
 — 
 
 200 
 
 104 
 
 — 
 
 875 
 
 56 
 
 9 
 
 204 
 
 166 
 
 3-4 
 
 625 
 
 162 
 
 9 
 
 618 
 
 76 
 
 33 
 
 289 
 
 107 
 
 — 
 
 378 
 
 164 
 
 20 
 
 623 
 
 17 
 
 — 
 
 58 
 
 124 
 
 — 
 
 405 
 
 1 
 
 7 
 
 8 
 
 169 
 
 — 
 
 651 
 
 160 
 
 8 
 
 616 
 
 INDEX. 813 
 
 VACCINATION. See loard of health. 
 VAGRANTS. See madmen. 
 VAULTS. See nuisances. 
 VESSELS— 
 
 see malicious injury to property, 
 see person, offences against , 
 see shipping and seamen. 
 VICIOUS ANIMALS, See sessions. 
 WAGERS AND GAMES. See fraudulent appropriations. 
 •WAREHOUSE AND WAREHOUSING. See goods. 
 WARDS. See guardians. 
 WARRANT— meaning of 
 
 see justices of peace. 
 WEAPONS. See public peace, offences against. 
 WEIGHTS AND MEASURES— 
 
 standard of weights and measures, 86 1 329 
 
 clerks of peace to be furnished by counties with setts of 
 
 weights and measures, 86 2 329 
 
 clerks of markets to keep stamped weights and measures, 86 3 329 
 
 aU weights and measures to be assayed and stamped — clerk's 
 
 fees, - 86 4 329 
 
 clerks may inspect all weights and measures — clerk may 
 
 seize all unstamped weights and measures, &c., 
 penalty for selling by unstamped weights and measures. 
 
 WELLS AND PUMPS. Seejires andfirewards. 
 WESLEYAN METHODIST. See meeting houses. 
 WHARFAGE. See pilotage. 
 
 WHIPPING AND PILLORY. See criminal justice. 
 
 WILLS OP REAL AND PERSONAL ESTATE— 
 
 all estate, real and personal, may be devised by will, 
 
 no will valid made by person under 21 years of age, 
 
 win made by married woman after Ist of October, 1840, 
 
 not valid, except under circumstances detailed in 
 
 section, 114 3 386 
 
 will by married women not void on account of devise, &o., to 
 
 , or for use of husband, 114 4 386 
 
 will not to be valid except executed with certain formalities 
 
 — form of attestation not necessary, 114 5 386 
 
 soldiers and sailors may make wills of porsonal property as 
 
 heretofore, 
 power of appointment by will must be executed as will, 
 wills executed in manner required by previous sections of this 
 
 chapter valid, 
 incompetency of witness to prove execution not to render will 
 invalid. 
 
 86 
 
 5 
 
 330 
 
 86 
 
 6 
 
 330 
 
 99 
 
 32-4 
 
 371 
 
 52 
 
 5 
 
 199 
 
 78 
 
 21 
 
 298 
 
 168 
 
 48 
 
 646 
 
 114 
 
 1 
 
 386 
 
 114 
 
 2 
 
 386 
 
 114 
 
 6 
 
 386 
 
 114 
 
 7 
 
 386 
 
 114 _ 
 
 8 
 
 887 
 
 114 
 
 9 
 
 387 
 
814 INDEX. 
 
 €?Ap. Sec. Page. 
 
 114 
 
 12 
 
 387 
 
 114 
 
 13 
 
 387 
 
 114 
 
 M 
 
 387 
 
 114 
 
 15 
 
 387 
 
 114 
 
 16 
 
 387 
 
 114 
 
 17 
 
 388 
 
 114 
 
 19 
 
 388 
 
 114 
 
 20 
 
 388 
 
 114 
 
 21 
 
 388 
 
 114 
 
 22 
 
 389 
 
 114 
 
 23 
 
 389 
 
 114 
 
 24 
 
 389 
 
 WILLS OF REAL AND PERSONAL ESTATE," (Continued.) 
 
 a devise, &o., to attesting witness or wife or husband of such 
 person to be void and admitted to prove will or validity 
 or invalidity— devise not void if two other competent 
 persons to will, 114 10 387 
 
 creditor not disqualified to prove will charging debts on real 
 
 or personal estate, 114 11 387 
 
 executors may be witnesses to will, and may prove validity 
 or invalidity, 
 
 will revoked by marriage, except in certain cases, 
 
 wills not revoked by presumption of intention to revoke, 
 
 wills how revoked, 
 
 obliterations, interlineations, or other alterations, &c., in 
 what case and how far to affect will, 
 
 will revoked how revived, 
 
 conveyances and other acts how to affect wills previously 
 
 made, 114 18 388 
 
 wUls when to take effect — executors to be trustees to fulfil cer- 
 tain contracts made by testator, 
 
 lapsed legacies to be included in residuary devise, if any, 
 
 construction of wills of land, 
 
 general devises how construed, 
 
 devise of real estate without words of limitation, to be a fee 
 simple, 
 
 construction of words " die without leaving issue," &e., 
 
 devise of land to trustees or executors to convey a fee simple, 
 
 unless otherwise expressly mentioned, 114 25 389 
 
 devise of estate's tail shall not lapse by death of devisee before 
 
 testator if devise leave issue, 114. 26 389 
 
 devises to testator's children, to go to the child or children of 
 devisee dying before testator, 
 
 penalty for suppressing a will, 
 
 definition of terms in chapter 114. 
 "WITNESSES. See evidence. 
 WOODS AND MARSHES, BURNING OF- 
 
 sessiona shall make regulations to prevent burning of ■woods 
 and marshes at unseasonable times, and affix penalties for 
 breach, 102 1 373 
 
 prosecution must be within three months from offence com- 
 mitted, 102 2 3TS 
 
 persons, convicted and not having goods to satisfy penalty, 
 
 may be imprisoned, 102 3 37S 
 
 WOODCOCK. See useful birds and animals. 92 — 353 
 
 WRECKS AND WRECKED GOODS— 
 
 wrecked ships and goods to be preserved for owners — ^finders 
 
 to give notice to certain officers — their duties, 77 1 293 
 
 search to be madejfor concealed goods, upon information and 
 
 warrant — offenders committed to jail, 77 2 293 
 
 114 
 
 27 
 
 390 
 
 114 
 
 28 
 
 390 
 
 114 
 
 29 
 
 390 
 
 135 
 
 
 
 538 
 
INDEX. 815 
 
 Cap. Sec. Pagb. 
 WKECKS AND WRECKED GOODS, (Continued.) 
 
 regulations for assisting vessels in distress — penalty for dis- 
 obedience of orders — reward for salvage &e., how deter- 
 mined, apportioned and recoverable, 77 3 293 
 
 ■where no claimant appears, goods 'to be sold, &o. — proceeds 
 
 how appropriated, 77 4 294 
 
 property in legal custody, penalty for molesting or obstruct- 
 ing officer in charge, 77 5 294 
 
 proceedings to be confirmed by supreme court, except for 
 
 wilful error, 77 6 294 
 
 and see goods, importation of. 16 32 57" 
 
 FINIS. 
 
ERRATA AND CORRIGENDA. 
 
 Note. — On receiving this book the owner should note the following 
 corrections at the pages and sections referred to — 
 
 Page 10— Section 11 for " thirty sixth" read "thirty-fifth." 
 " 64 marginal note section 23, for " from" read " for." 
 " 72 marginal note section 3, insert " brothels." 
 " 79 schedule B., for " sucessor " read " successors." 
 " 79 ibid, for " peunds" read "pounds." 
 " 80 schedule E., for "hiers" read "heirs." 
 " 80 ibid, for '* licences" read " licenses," 
 
 " 87 section 36, in third line, for " postmaster " read " postmaster general." 
 " 175 section 29, for "fifteenth" in first line read "nineteenth." 
 " 181 section 71, for " this act " read " all the sections of this chapter from 69 
 
 to 86 inclusive." 
 " " section 74, for "second" read "seventieth." 
 " 183 sections 84 and 85, for " fourteen" in these Sections read "fifteen" 
 " " section 87, for "seventeen" read ''eighteen." 
 " 205 section 46, for " bealth " read "health," and for " prevnfcing " read 
 
 " preventing." 
 " 207 section 3, for " bounderies " read "boundaries." 
 " 212 section 17, for "practical" read "practicable." 
 " 213 in chapter 60 passim, read "superintendent" for " superintendant." 
 " 269 section 94, for " 71 to 87 " read " 77 to 93." 
 " 306 section 4, for "transfer" read " transfer." 
 " 355 section 6, for " good " in first line, read " goods." 
 " 412 in marginal note to section 12, leave out the word " deputy," and instead 
 
 of words ^^ give certified copies of ," substitute the words "transmit 
 
 original." 
 " 416 section 25, for " comital" read "committal." 
 " 418 in section 34 insert a comma between the words '( tender payment" and 
 
 leave out the words "lesser of" and for "lease" read "release." 
 " 481 section 131, for "succeednig" read "succeeding." 
 " 496 in first line, for "sett" read "set." 
 " 502 section 112, after " that " in second line insert " it." 
 " 505 section 135, strike out the comma between " issue " and " roll " in both 
 
 2nd and 4th lines. 
 " 514 section 192, for " induce" read " adduce." 
 " 514 section 197, for " expressed" read " express" and for " equery " read 
 
 " enquiry." 
 " 575 section 2, for " snail" read " shall." 
 " 581 section 2, for "jurors" read "sessions." 
 " 583 in section 22, for " seven " " eight " " nine " " ten " read " seventeen' ' 
 
 " eighteen" " nineteen" " twenty." 
 " 586 section 2, leave out the " as " after " well." 
 " 589 section 11, leave out the word " not " in third line.