Be it enacted by the Lieutenant-Governor, Council and Assembly, as follows:
I. The Governor in Council shall forthwith appoint Three Commissioners to lay off and subdivide the County of Halifax into Townships of moderate area, having due regard to the relative extent of territory and amount of population to be included within the same, the natural boundaries presented by the indentations of the Sea Coast, the course of Rivers and Inland Waters, the homogenous character of Settlements already formed, and the facilities of communication afforded by Main and Cross Roads.
II. The Commissioners having completed their work, shall within six months after their appointment report their proceedings to the Governor, which Report shall contain the names of the Townships, their Boundaries, the number and names of Settlements to be included therein, with the aggregate amount of Population, as nearly as it can be ascertained in each Township.
III. The Report shall be forthwith published in at least Four of the Halifax Newspapers, and circulated in Hand Bills throughout the County for at least One Month after it shall have been laid before the Governor, and during the Month all Parties who may take exceptions to it shall be heard either by Petition or otherwise, before the Governor in Council, who shall have power to alter or amend it, as may appear meet, after hearing objections made, or evidence, if any, shall be produced before them.
IV. On receipt of the Report so amended or otherwise, with the sanction and approval of the Governor in Council, marked thereon, it shall be the duty of the Commissioners to define the Boundaries of each Township by actual Survey, and to set up Marks in convenient places, by which the same may be generally indicated and known.
V. The Report of the final proceedings of the Commissioners, which shall include the Names and Boundaries of each Township, shall be published in manner as directed with regard to their first Report; and upon the expiration of the Month, the functions of the Commissioners shall determine, and the Rate-payers residing within each Township respectively, shall thenceforth enjoy all the privileges and exercise all the rights in respect of Local Affairs now possessed and exercised by the Freeholders or Inhabitants of other Townships within this Province.
VI. The expenses attending the execution of the Commission shall form a County charge, and be presented, conformed, assessed, levied, and collected, as by Law directed in reference to other Monies raised for County purposes.
VII. In addition to the powers now conferred by Law, the Rate-payers of such Townships at their Town Meetings, on the First Monday of November in every year, shall select a Warden and Four Councillors, who shall be respectively chosen by a majority of Votes, and continue in office until the next Annual Meeting in November, during which time they shall have the general over-sight and care of the Township, and shall possess all the powers now exercised by Justices of the Peace; the Warden to preside at all Township Meetings held during the year after his appointment, including the one at which he shall go out of Office, and to be the Organ of Official Communication with the Representatives of the County and the Executive Government.
VIII. Rate Payers shall at their Annual Meeting in November, elect all Township Officers, whether such as are now appointed by the Sessions, such as are appointed at Town Meetings, or such others as they may consider necessary, and in addition to other powers conferred by Law, may assess themselves for the building of Town Houses, the Support of Schools, the Improvement of Roads and Bridges, the Deepening of Water Courses and Harbors, the Erection of Breakwaters, and generally for any other Public Objects by which the Interests of the habitants may be promoted and advanced.
IX. Over the Funds so raised, the Rate Payers, their Officers and Representatives shall have exclusive Control, and Public Property thereby accumulated, shall vest in the Warden and Councillors for the time being, who shall form a perpetual trust and a Body Corporate, under the name of “The Warden and Councillors for the Township ,” and as such, may have a Common Seal, and sue and be sued.
X. The Warden in each Township shall report the Proceedings, under this Act, at the close of the year, to the Provincial Secretary, for the information of the Legislature.
XI. Immediately upon the appointment of Wardens and Councillors hereunder, all the Powers and Duties of Justices of the Peace for the County of Halifax, shall cease, except in respect of Proceedings already commenced before them, for the final determination and execution of which, their functions shall continue.
XII. In carrying out the Provisions of the Act for the Summary Trial of Actions before Justices of the Peace, the following changes are made:
A Court to be called the Warden’s Court for the Township of shall be held at some central and convenient place in each Township, on the First Monday in every Month, when the Warden and Councillors shall attend and form the Court, and any three of them shall be a quorum.
Parties shall be summoned and bound to appear under Process issued by one or two of such Justices according to the amount of the Claim at the Warden’s Court, the particular place of holding which shall be stated in the Process, and the Court shall determine Suits in the same manner, and shall have like powers in relation thereto, as are now exercised by One or Two Justices of the Peace, and Execution and further Proceedings, shall be had in the name of the Court, and be issued and had by any one or two of the Justices for the Township, for the time being, according to the amount. The Fees for issuing Writs shall be paid to the Justice issuing the same, or where there are two Justices divided equally between them, and the Fees on Judgment shall be divided equally between the Justices present.
XIII. The Warden and Councillors, as respects Criminal Proceedings, and the General Regulation and Management of County Affairs, shall be Justices of the Peace for the whole County, and shall compose the Court of General Sessions of the Peace therefor.
XIV. Nothing herein contained shall extend to the City of Halifax.
