Legislature

An Act to amend the Act entitled, “ An Act to Incorporate the town of Dartmouth.”
(Passed the 12th day of April, A. D., 1877.)

SECTION.

1. Incorporation.
2. Powers of Corporation.
3. Boundaries of Town.
4. Rules, bye-laws, etc., confirmed.
5. Docks, etc., to be included in Town.
6. Extra expenditure may be assessed for.
7. Poll tax.
8. Explanation of certain terms in bye-laws.
9. Assessment of property under control of executors
10. Town Clerk to give notices of valuation
11. Bye-laws amended.
12. Informality not to affect general assessment.
13. Presumptive evidence of rates being due.
14. Town treasurer may proceed for taxes against persons about to leave Town.
15. Failure to levy poll tax not to affect assessment.
16. Bye-laws amended.
17. Fences.
18. Penalty.
19. Slight alteration in forms not to vitiate them.
20. Process of municipal court
21. Clerk of ditto
22. Certain powers of ditto
23. Councillors and officers exempt from jury
24. Appeals.
25. Proceedings on appeal.
26. Council may make bye-laws, etc.
27. Regulations as to ice on lakes.
28. As to bathing in harbor.
29. Penalties, how recoverd.
30. Estimates not to exceed $15,000.
31. Inconsistent law, etc., repealed.

Be it enacted by the Governor, Council and Assembly as follows:

Incorporation:
1. The inhabitants of the town of Dartmouth are constituted and declared to be a body corporate and politic by the name of the Town of Dartmouth.

Powers of corporation:
2. They shall as a corporation have perpetual succession and a Common Seal, changeable at pleasure, and shall be capable of suing and being sued in all Courts of Justice, and of acquiring, holding and conveying any description of property, real, personal or mixed, and shall have all the other rights usually had and enjoyed by corporations.

Boundaries of Town:
3. The Town of Dartmouth shall be bounded as follows:
Beginning on the Eastern side of the harbor of Halifax, to a point in such harbor distant three hundred feet Westward from the South-Western corner of a lot of land formerly owned by Judge Johnstone, and by him conveyed to John Esdaile ; thence to run Eastwardly till it strikes the road leading to the property of the late John Esson, thence by the centre of such road and following the course thereof Eastwardly to such Esson property; thence along the Western boundary of such property Southwardly to the South-Western corner thereof, thence Eastwardly to Gaston’s Road, and crossing such road to a point at right angles with the extension of a new road laid out by J. W. Watt, through Manor Hill Farm, thence Northwardly to such road, and by such road for the length thereof; thence Northwardly to the Western extremity of the Causeway at Hurley’s on the First Lake; thence North-Westwardly through Taylor’s barn on the opposite side of the Lake until it strikes the Southern side line of the road which connects with the new road laid out by George A. S. Crichton, thence following the Southern line of said road until it reaches the main road leading from Dartmouth to Bedford ; and from thence crossing said road in a straight line following the said line of the said new road until it extends three hundred feet into the harbor of Halifax, and thence Southwardly to the place of beginning to be called
and known as “The Town of Dartmouth.”

Rules, bye-laws, etc., confirmed.
4. All the rules, bye-laws, ordinances, and regulations adopted by the Town Council of the Town of Dartmouth, and approved of by the Governor in Council previous to the passing of this Act, are hereby ratified and confirmed, and declared to have the full force and effect of Law, and the same shall continue in full force and effect.

Docks, etc., to be included in Town:
5. All docks, quays, wharves, slips and erections, connected with the shores within the corporate limits of the Town, shall be included in and called the “Town of Dartmouth.”

Extra expenditure may be assessed for:
6. In addition to the objects already provided by the Assessments, any extraordinary expenditure for additional improvements and services in the Town authorized by any Annual Meeting of the Town, or incurred or authorized under any law, bye-law or regulation, shall be provided for by assessment and be included in the sum to be annually assessed on the inhabitants and property within the Town.

Poll-tax:
7. Every male resident of the Town between the ages of sixteen and sixty years, except engine men, axemen, ministers in charge of congregations, school teachers, Superintendant of Education, shall pay an annual poll tax of Two Dollars, which may be collected as an ordinary debt at the suit of the Town in the Dartmouth Municipal Court, or in any other Court, if the party shall remove from Dartmouth, or by warrant of distraint in the same way that other taxes of the Town are collected. All other sections of the Act of Incorporation, bye-laws and ordinances, imposing any other or additional poll tax are hereby
repealed.

Explanation of certain terms in Bye-Laws:
8. The term personal property and personal estate as defined by Section eleven of the bye-laws and ordinances of the Town Chapter III entitled, Assessment, shall embrace and include shares and interests in ships or vessels owned by persons residing or doing business in the Town whether such ships or vessels be at home or abroad at the time of assessment.
The words “and all other property except land” on the sixth and seventh lines of said Section eleven hereinbefore referred to are hereby repealed.

Assessment of property under control of executors:
9. With respect to assessment of real and personal property under the control of executors, administrators, trustees, guardians, agents; or of persons exercising control over the separate property of married women and of minors, the Town may sue and obtain a judgment in the Municipal Court of the Town against such parties respectively, in respect of the rates rated on such property, and such judgment when recorded by certificate under the hand of the Recorder, in the office of the Registry of Deeds at Halifax, shall bind such property, and the said Town may have all the remedies against the said property, as are now possessed by any person holding a registered judgment against any property real or personal.

Town clerk to give notices of valuation:
10. The Town Clerk shall, as soon as the whole amount Town Clerk to of real and personal property, on which any person, company or corporation is to be assessed within any Ward of the Town is determined, shall serve or cause to be served a notice of such valuation, upon the person assessed or his agent, or on the Company or corporation or their agent, resident or doing business in the Town, or the representative of any party who shall have died before the Roll for the year shall have been made out and adjusted ; or shall leave the same at the residence of any party assessed, or in case of unoccupied land, shall mail the same to him by depositing it to his or their address in the Dartmouth Post Office; and shall mail to every non-resident so assessed, a notice of the actual or yearly value at which his real property, and at which his personal property have been valued. A compliance with this Section shall be a sufficient notice upon which the rate may be collected and enforced, but this Section shall not operate to relieve any assessable property from taxation, where the owner or party liable to assessment cannot be found.

Bae-laws amended:
11. The thirty-seventh Section of said Chapter III., entitled “Assessment,” is hereby repealed, and the following substituted in lieu thereof:
In case a party or firm, or company whose taxes are in arrears and unpaid shall make an assignment or become bankrupt or be unable to pay said rates in full, the Town Treasurer may with the approbation of the Warden and Council join in any compromise or accept any dividend or part payment, as the same may appear for the interests of the Town.

Informality not to affect general assessment:
12. No error, informality, or irregularity on the part of assessment. the Town Council, the Assessors, or other Town Officers, shall affect or prejudice the validity of any general assessment made and levied in such Town. The invalidity, illegality, or irregularity of any individual rate or assessment shall not extend to or affect the general assessment or any other individual rate or assessment.

Presumptive evidence of rates being due:
13. In any suit pending in any court for the collection rates being due. of taxes of the Town, the Treasurer’s certificate in writing that the party appears on the Assessment Roll, and the rate has not been paid, shall be presumptive evidence of the rate being due and unpaid, and shall be sufficient to entitle the Town to a judgment without further proof, unless a good and just defence can be made thereto.

Town Treasurer may proceed for taxes against persons about to leave Town:
14. Upon the Town Treasurer or acting Town Treasurer taxes against having reasonable cause to apprehend that any person out to indebted to the Town of Dartmouth for rates and taxes is about to leave the Town before the time allowed by law shall have elapsed when he shall have been served with notice to pay, such Town Treasurer is hereby authorized, notwithstanding that the time in the notice shall not have expired, to either distrain upon the goods and chattels of the person who he believes intends so to leave the Town, or to issue or cause to be issued a capias against such person, in order to recover the rates and taxes so due to the Town, upon making an affidavit before the Stipendiary Magistrate or one of the Councillors that he verily believes the person is about to leave the Town.

Failure to levy poll tax not to affect assessment:
15. The failure to levy any poll tax has not affected nor shall it affect or diminish the validity or legality of any assessment made and levied.

Bye-Laws amended:
16. Section thirty-two of Chapter III. of Bye-laws and Ordinances of Assessment is hereby amended by substituting two and one-half per cent. instead of five per cent. deduction from the amount of taxes when paid within the fourteen days from the receipt of notice.

Fences:
17. The owner or occupier of every vacant lot abutting on any street, lane, road, or other highway within the Town of Dartmouth shall fence in the same within twenty days after receiving notice to that effect from the Town Clerk ; and shall keep and maintain such fence in perfect repair to the satisfaction of the Streets Committee.
Every such fence shall be board, picket, or stone fence, or such other material as may be approved of by the Streets Committee, but shall be sufficient to protect the street and the public from all nuisance or inconvenience.

Penalty:
18. Any person violating the provisions of the preceding section of this Act shall, upon conviction before the Stipendiary Magistrate or Councillor presiding at the Police Court, forfeit and pay a penalty not exceeding fifty dollars for each offence; and in default of payment a warrant of distraint shall issue against the goods and chattels of the offender for the amount, and if no such goods and chattels be found, then the offender shall be imprisoned for a period not to exceed three months in the County Gaol.

Slight alteration in forms not to vitiate them:
19. Where forms are prescribed slight alterations thereupon not affecting the substance or calculated to mislead not to vitiate shall not vitiate them.

Process of municipal court:
20. The Municipal Court shall, in civil cases, use as its Process of process writs of summons, capias, execution and subpoena Municipal under a stamp, which the Stipendiary Magistrate of said Court is hereby authorized to make, adopt, and use, and in such forms as have been used or shall be established by the Stipendiary Magistrate—and to be directed to the Police Constable of the Town.

Clerk of ditto:
21. The Town Clerk shall be the Clerk of the Municipal Courts, Civil and Criminal, and of the Police Court.

Certain powers of ditto:
22. The Municipal Court shall have the same power of certain powers amendment of proceedings therein as the Supreme Court, or any Judge thereof has in cases in the Supreme Court.

Councillors and officers exempt from jury:
23. Members of the Town Council and the Officers of Councillors and the Town shall be exempt from serving on any special or petit jury.

Appeals:
24. Appeals from the Municipal Civil Court shall be to the County Court for District No. 1.

Proceedings on appeal:
25. In appeals from the Municipal Civil Court the affidavit and form shall be in the form as prescribed by the app Act of the Province relating to Justices of the Peace for the County in civil cases; and in cases of capias issued out of the Municipal Court, the form of bond shall be the same as in the Magistrates Court; provided, however, that the affidavits and bonds shall be entitled in the Municipal Court of Dartmouth, and such alteration made to adapt them to such Court.

Council may make bye-laws etc:
26. The Town Council shall have power to make Bye-laws to regulate the keeping of dogs within the Town, and may make regulations relative to the taxation of dogs, and may fix the amount to be paid annually by owners of dogs, not exceeding one dollar for each dog, and to direct the destruction of any dog illegally kept; and such regulations shall be published thirty days before the same shall come into operation. Such Bye-law to be passed by the Town Council shall impose the penalty and appoint the mode of collection.

Regulations as to ice on lakes:
27. The Town Council shall by Bye-law make regulations respecting the cutting of ice on the lakes and rivers within the Town limits, for putting down or continuing bushes or other marks for defining such cutting, and to prevent the removal or destruction of such bushes or other marks, and may affix a penalty for the breach of any such regulations, not exceeding four dollars for each offence.
which said Bye-law shall appoint the mode of collection.

As to bathing in the harbor:
28. No person shall swim or bathe in the waters of the harbor, near to any open wharf, slip or dock, or to any street or road in the Town, or otherwise in such a situation as to be exposed to the view of spectators, under a penalty of not less than one dollar, nor more than twenty for each offence, or on non-payment of confinement in the County Goal for a period not exceeding thirty days.

Penalties, how recovered:
29. Whenever a penalty is imposed and no particular mode pointed out in which the same may be sued for or collected, the same shall be sued for in the Police or Municipal Criminal Court, before the Stipendiary Magistrate or other
person presiding.

Estimates not to exceed $15,000:
30. At the Annual Meeting of the Ratepayers of the Town to be convened under Section forty-two of the Act of Incorporation, the sum to be voted for the estimates, including ordinary and extraordinary expenses, shall not exceed in any year the sum of fifteen thousand dollars; and no additional sum shall be expended unless specially authorized by legislative enactment.

Inconsistent law etc., repealed:
31. So much of the existing law, or of any Bye-laws, regulations, rules or ordinances respecting the Town of Dartmouth, as is inconsistent with this Act; and also so much of all existing Statutes of the Province as are inconsistent with this Act, the “Act to Incorporate the Town of Dartmouth,” the rules, ordinances, bye-laws, and regulations adopted and approved by the Governor in Council, are hereby repealed.

“To amend the Act to incorporate the town of Dartmouth”, 1877 c40

An Act to provide for supplying the Town of Dartmouth with Water.
(Passed the 4th day of April, A. D., 1876.)

SECTION.
Preamble.
1. Town Council to proride water supply.
2. Council to employ engineer to make surveys, &c.
3. Warden, &c., may enter upon lands for purposes of Act.
4. Assessment of damages.
5. Expense of pipes
6. Owners, &c., of property, to be assessed for water rates.
7. Persons about to build to give notice to Town Clerk.
8. Council may appoint engineer, &c.
9. Assessments-how recovered. Proviso.
10. Distress warrants.
11. Proceedings to obtain lands.
12. Powers of Judge under this Act.
13 Upon payment of sum awarded, Town to be deemed owners of land.
14. Appropriation of moneys, &c.
15. Estimate of deficiency.
16. Protection of council &c.
17. Debentures confirmed.
18. Rates to be paid in advance.
19. Collection of rates.
20. Water may be turned off for non-payment of rates.
21. Council may make bye-laws, &c., for regulating water supply.
22. Interest on debentures.
23. Meaning of terms.

Preamble:
Whereas, at a Public Meeting of the Rate-payers of the Town of Dartmouth, held on the twenty-eight day of April, in the year One Thousand Eight Hundred and Seventy-Four, a resolution was passed authorizing the Council to issue debentures for a sum not exceeding Eight Thousand Dollars, to purchase Lamont’s Lake, or any other Lake, to add to the efficiency of the Fire Department:
Anil Whereas, on the twenty-seventh day of April, in the year One Thousand Eight Hundred and Seventy-Five, at a Public Meeting of the Rate-payers of such Town, an additional sum of Twenty-Five Thousand Dollars, was voted for Water purposes to be raised by the issuing of debentures.

Be it therefore enacted by the Governor, Council and Assembly, as follows:

Town Council to provide water supply:
1. Immediately after the passing of this Act, it shall be lawful for the Town Council to provide for the Town of Dartmouth, a sufficient supply of Water, for domestic, fire, and other purposes; and such Council are hereby empowered and authorized to construct such works, to lay such pipes and to do all such things as may be necessary to afford an efficient supply of Water for the several purposes contemplated by this Act.

Council to employ engineer to make surveys, &c.:
2. The Council shall employ a competent Engineer, to make surveys and plans of the Streets within the Town of Dartmouth, showing the surface of the Streets as now existing, and the permanent levels to be hereafter made, which levels when approved by the Council, shall be and remain the permanent levels, the plans shall be filled in the office of the Town Clerk, and copies in the Provincial Secretary’s office, as public records of the same, provided that if the surveys and plans of the Town already made, be sufficient for the purposes herein contemplated no additional surveys or plans shall be made or deemed necessary under this Section.

Warden, &c., may enter upon lands for purposes of Act, &c.:
3. In the laying down, construction, repairing and alteration of any main or service pipes, the Warden, Councillors, or any or either of them, and their Engineer, Superintendent, Servants, Agents or Workmen, shall have full power, and they are hereby authorized from time to time, as occasion may require, to enter upon any lands and tenements, both within the Town and outside the same, along or near the line of construction to the head waters of such Water Supply, whether such lands and tenements be inhabited or otherwise, and may remain thereon, as long as they may deem requisite, for the proper execution of the work, and may make all such excavations on the premises as may be expedient, and take up and remove any floors, timbers, planks, or any walls, fences, or erections, whatsoever, doing no unnecessary damage to the same, and carefully replacing the same, upon the requisite work being performed. Provided that no such entry shall be made between the hours of sunset and sunrise, nor without the permission of the owner, or the occupant being first requested, but the refusal of such person shall not prevent delay or obstruct the execution of the work.

Assessment of Damages:
4. In the event of any damage being done, in the execution of the Works, the party sustaining such damage shall be entitled to receive such compensation, as shall be mutually agreed upon; and in case no such agreement can be made, at the request in writing of such party, it shall be the duty of the Warden, or Recorder, to issue a warrant commanding any constable of the town to summon a jury of five disinterested free-holders or occupiers of land in the town, being tax-payers, to assess the damages to be paid to the party legally entitled thereto, which jury shall be sworn before the Warden or Recorder, at such inquest ; and the verdict shall be binding and final, and conclusive between the party complaining and the town; and the amount so assessed shall be paid within sixty days thereafter. The costs of such inquest shall be taxed or allowed by the Warden or Recorder, at the same rate as in cases of ordinary inquests before Sheriffs, and shall be equally borne by the town and the complainant, whose moiety thereof shall be deducted and retained out of the amount of damages assessed.

Expense of pipes:
5. The service pipes for water supply to houses, buildings, or establishments, shall be carried from the main to the side line of the street, at the public expense, when requested by notice in writing from the owners of any houses or buildings opposite to which a main is laid ; and all beyond that distance at the expense of the owner or lease-holder for renewable terms, lease-holders for life, or term exceeding five years, of the premises so supplied.

Owners, &., of property to be assessed for water rates:
6. Whenever good and sufficient mains for the supply of water to dwellings, or other houses, or establishments, shall be laid ready for use within the town, the owners in fee, or leaseholders for renewable terms, or for life, or terms exceeding five years, of any lands or tenements, through or alongside which such mains shall pass, shall, whether the water be taken or used on the premises or not, be respectively assessed for the same in each year, on a scale to be fixed and determined by the Council, due regard being had to the value and mode of occupation of the premises, and probable consumption of water in each case, except steam mills, manufactories, baths, and hotels, which shall be rated by agreement with the parties; in which scale. the lots or premises assessed, whether occupied or vacant, shall be numbered, and the rates assessed on each set down; and a copy of such assessment shall be filed in the office of the Town Clerk. In case no agreement can be made with regard to the supplying steam mills, manufactories, baths, and hotels, they shall be assessed and rated in the scale so to be fixed by the Council. If any person shall think himself aggrieved by any assessment under this Act, it shall be lawful for him to appeal to the Council ; and the assessment may be amended in accordance with such order as may be therein made. Provided that every such appeal shall be made within thirty days after the notice of the amount assessed shall have been made upon the party so appealing, such decision of the Council shall be final and conclusive.

Persons about to build to give notice to Town Clerk:
7. Any person intending to build or erect any dwelling house, or building, in any street of the town, shall, before proceeding with the work, give notice in writing to the Town Clerk, of such intention, in order that the water supply may be provided, during the progress of the work, and in case of neglect to give such notice, the party so neglecting shall forfeit and pay a penalty of Twenty Dollars; and the Council may, if they shall see fit, proceed to execute the works upon the premises at his expense, the costs of which, together with the penalty, shall be recovered in manner hereinafter provided.

Council may appoint engineer &c:
8. The Council shall appoint, dismiss, reappoint and supply, from time to time, as may be requisite, an Engineer, as hereinafter provided, who, in addition, shall be, and perform the duties of, Superintendent of Water Supply, and shall appoint and dismiss such other officers, servants, or agents as may appear necessary, with such reasonable compensation to each as shall appear adequate and proper.

Assessments – how recovered, Proviso:
9. The Assessments to be made under and by virtue of this Act, as well as the penalties which may from time to time be how incurred under this Act, shall be binding upon the respective lands and tenements specified in the Scales of Assessment, as well as on the respective owners and parties therein mentioned, and the same shall be recovered, with all incidental charges and expenses, by distress and sale of any goods and chattels of the owners, proprietors, or such lease holders found upon the premises ; and in case of deficiency of such goods and chattels to satisfy the same, it shall be lawful for the Council to sequester and take, and hold possession of such premises until such deficiency is made good, and to collect, receive, appropriate and apply the rents and profits of such lands and premises in payment of the same.
Provided always that no such distress or sequestration shall be proviso. made until the expiration of thirty days after a demand in writing, signed by the Town Clerk, of the monies due in such case, shall have been served upon the owner, occupant, or person appearing to be in charge of the premises for the time being, and in case the same shall be vacant or unoccupied, then no such distress or sequestration shall be made until such demand shall have been advertised in one or more of the newspapers published in the City of Halifax, for four consecutive weeks, prior to such distress or sequestration.

Distress Warrants:
10. For the recovery of rates and assessments, and of all arrears, it shall be lawful for the Warden or Recorder, or any two of the Councillors to issue distress warrants and sequestration orders, under his or their hands, from time to time, in such form as he or they may determine, briefly reciting the amount to be levied in each case, and that such previous demand has been made as hereinbefore prescribed ; and all sheriffs, constables and other peace officers are hereby required to execute such warrants and orders.

Proceedings to obtain lands:
11. Whenever it shall be necessary for the securing the necessary supply of Water, the laying down, or the placing of any reservoirs, tanks, fountains. pipes, leaders, or tubes, or for any purpose whatever under this Act, that the Town should be invested with the title or possession of or in any lots or parcels of lands and premises situate anywhere outside the corporation limits, it shall and may be lawful for the Council in case they cannot agree with the proprietors of such lands, respectively, for the sale or lease thereof as may be required, to apply to one of the Judges of the Supreme Court, by petition, stating the nature and situation of the lands and property, and the estate or interest therein they desire to acquire, and the proceedings had. with respect to the same, the names and abodes of the owners, proprietors, and tenants thereof, respectively, so far as they can be ascertained, and praying for the appointment of appraisers to value the property and estate, and the interest therein, so required by the Town, and praying also the transfer and conveyance thereof to the Town, whereupon the Judge shall appoint a time, and place, for considering such petition, and shall direct to be given to all parties interested, who may have their abode in this Province ; or in case of the absence of any such parties, then to the persons, entrusted with the care, management, or control of such property respectively, proper notices, in writing, requiring the parties interested respectively to attend before him in person, or by their attorneys, or agents, at the time appointed for that purpose ; and, at the time so appointed shall require the Town to nominate one appraiser, and the party or parties interested in each particular lot, to nominate also one appraiser, which two appraisers shall forthwith, on being appointed, and before entering upon their appraisement, appoint a third appraiser, who shall act only in case of a difference of opinion between them, and the Judge shall, by an order in writing, constitute and appoint the persons so chosen, to be appraisers of the value or rent, as the case may be ; and in case the parties so notified, fail to attend at the time and place appointed, or neglect or refuse to name an appraiser, as aforesaid, the Judge shall name one or more fit and discreet persons, as the case may require, to act on behalf of the person or party or parties so failing to appear, or declining or neglecting to make such nomination, as aforesaid, and the persons so named or chosen shall, before they enter upon the duties of their appointment, severally subscribe an affidavit to be sworn before a Commissioner of the Supreme Court, faithfully and impartially to perform the trust and duties so required of them, by the order of the Judge; which affidavit with such petition shall be filed in the office of the Prothonotary of the Supreme Court at Halifax, and such two appraisers, or in case of disagreement, any one of them, with such third appraiser to be appointed, shall make a just and equitable valuation and appraisement, of the fair and reasonable value in money of the fee simple and inheritance of each several lot or parcel of land, in such petition referred to and applied for, or of the just and fair annual rent, or gross sum which ought to be paid for the lease thereof; and shall certify and return their award, appraisement, and determination in writing, touching the value, price, or rent, aforesaid, and of each several lot under their hands, into the office of such Prothonotary, whereupon, if the Supreme Court of Halifax, in term time, or any Judge thereof in vacation, shall be of opinion that the award and valuation shall have been fairly, equitably, and impartially made; and if no sufficient cause shall be shewn against such award and valuation, the Court or Judge shall confirm the same, and thereupon such town shall pay and satisfy to those entitled to receive the same, the full amount of such award or valuation, together with such costs and expenses as the Court or Judge shall deem it reasonable to adjudge, to be paid by the town.

Powers of Judge under this act:
12. The Judge as provided in the next preceding section, or the Supreme Court in term time, shall have with respect to the proceedings, touching such appraisement, and estimation of damages, by means aforesaid, and with respect to the allowance or taxation of costs, to or against the parties, all necessary discretion, power, and authority, and shall and may enquire into the proceedings by oath of witnesses or otherwise, and shall and may also on good cause shewn, set aside any such award and appraisement, and either direct such appraisers again to view, estimate, and decide upon the value of such land yearly or otherwise as aforesaid ; or otherwise, if it shall be deemed expedient, shall and may nominate other appraisers, and make an order for their making a new appraisement, and valuation of the same, respectively; and the appraisers so nominated shall be sworn as aforesaid, and the award or appraisement so by them made, and returned in writing, when approved and confirmed by the Court or Judge aforesaid, shall be final between the parties, and may be carried into effect accordingly. The award made on such second appraisement, shall be final, and conclusive to all intents whatsoever.

Upon payment of sum awarded town to be deemed owners of land:
13. Immediately upon the payment of the sum awarded, and the costs being made, as aforesaid, for any lot or parcel of town to be her inland referred to, in any such Petition, the Town shall be, and land be deemed the rightful purchasers, and owners of the fee simple, and inheritance of such lot or parcel of land, with the appurtenances, if the said award be for the purchase thereof, or otherwise, the tenant thereof for such term, as in such petition or award, may be set forth ; and thereupon, upon application of the Town, it shall and may be lawful for the Court or a Judge, on proof made of such payment by any order or orders, to be made in the matter of such petition, to require the party or parties in possession of, or claiming title to any lot or parcel of land for which such payment has been made or tendered, to deliver up possession of the same to the Town, or to authorize the Town by its Town Council, and officers and servants to enter into such lot and to retain such possession, and further, if need be, by the order or orders of such Court or Judge, to require and direct any such persons, so interested in any such lot, or land so valued, and paid for, or for which the amount awarded has been tendered as aforesaid, or in case of their absence from the Province, then the person in charge thereof, as aforesaid, to make, sign, seal and execute, all such deeds, grants, conveyances or demises, as may be necessary for the purpose of conveying or demising the same to such Town; and in the case of neglect or refusal on the part of any person or persons, to comply with any such order, then, as the case may require obedience to, and compliance with the same, shall be enforced by the usual process therefor, to be issued by the Court or Judge.

Appropriation of moneys:
14. The monies accruing from the annual income of water supply, together with all monies arising from such local assessment, and any payments as are hereinbefore mentioned, shall be appropriated and applied in the first place to discharge the current expenses to be incurred in the execution of the trusts and duties, required by this Act; und in the next place toward the payment of interest on debentures issued for water supply, before and since the passing of this Act; and in case the whole income shall not be sufficient for the purposes before mentioned, the deficiency shall be made good and supplied by general
assessment, as hereinafter prescribed.

Estimate of deficiency:
15. A careful estimate shall be made in each year of the amount or sum of money, which may be required to make good such deficiency, as in the next preceding section mentioned, and shall on or before the first day of April in each year, be submitted in writing to the Council, to be included in the estimates in the current year.

Protection of Council &c.:
16. The Council and their officers and servants acting under this Act, shall have the like protection in their respective offices, and in the execution of their duties, as Justices of the Peace now have, under the laws in force at the passing of this Act.

Debentures confirmed:
17. All debentures heretofore issued, or hereafter to be issued for, water supply, are hereby confirmed and authorized, and the land, funds, revenues and property of the Town are held bound for the repayment of such debentures and interest.

Rates to be paid in advance:
18. The water-rates payable to the Town, shall be paid in advance at the office of the Town Clerk, commencing on the first day of May in each year.

Collection of rates:
19. After the first day of June in any year, should the water-rates or monies for water, of any of the inhabitants, not be paid in advance ; but remain unpaid, the Town Treasurer is hereby authorized to issue warrants of distress, or to commence actions in any court, to enforce and compel payment of such rates or monies; and whenever the amounts claimed are within the jurisdiction of the Municipal Court of the Town, the same may be sued in such Court, in the name of the Town, as in case of ordinary debt. The Treasurer’s certificate in writing shall be presumptive evidence of the rate being due and unpaid, and shall be sufficient to entitle the Town to a judgment without further proof; unless a good and just defence can be made to such action.

Water may be turned off for non payment of rates:
20. The Council are hereby authorized to direct the water may be turned off for non-payment of water-rates, or of any violations of the Acts or Bye-laws, respecting the water or waterworks of the Town.

Council may make bye laws &c., for regulating water supply:
21. The Council shall have full power to make Bye-laws, Rules and Regulations, as to them shall seem requisite and &c., for regulating the supply of water, and the payment and collection of water-rates, and the manner and form of issuing warrants therefor, and for preventing any person supplied with water, from wasting, vending or improperly disposing of the same; and also regarding every matter or thing which may be necessary or expedient to regulate or direct the carrying out the purposes of this Act, and in order to secure to the inhabitants of the Town a continued and abundant supply of pure and wholesome water, and to prevent frauds being practised, and may enforce observance of such Rules, Regulations and Bye-laws by attaching penalties thereto, which may be recovered in the Police Court of the Town, provided the penalty in any one case shall not exceed forty dollars or three months imprisonment, at hard labor, in the County Jail, and from which there shall be no appeal, except by writ of certiorari to the Supreme Court.

Interest on debentures:
22. The money which may be required to pay the interest upon the debentures already issued for water supply, and those debentures to be hereafter issued for like purpose, shall be annually assessed upon the rate payers of the town by the Council, and shall be included in and form part of the general assessment, and shall be collected in like manner, as the general assessment for town purposes is collected.

Meaning of terms:
23. In this Act the term “Council” shall be construed to Meaning of mean the Town Council of Dartmouth ; and the term “ Town” to mean the Town of Dartmouth in its corporate capacity.

“To provide for supplying the Town of Dartmouth with Water”, 1876 c43

An Act to authorize the sale of certain Public Water Lots in the Town of Dartmouth.
(Passed the 30th day of April, A. D., 1873.)

SECTION
Preamble
1. Town Council authorized to convey certain property to the Chebucto Marine Railway Company.
2. Valuation of such property.
3. Said Company to receive conveyance in fee wimple.
4. Application of purchase money,

Preamble:
Whereas, the Chebucto Marino Railway Company hold and occupy two water lots belonging to the Town of Dartmouth under lease for a term now shortly about to expire. And whereas, such Company are desirous of making alterations and improvements in connection with their Railway for facilitating its operations, and it is necessary that they should become tho owners and proprietors of such water lots.

Be it therefore enacted by the Governor, Council and Assembly, as follows:

Town Council authorized to convey certain property to the Chebucto Marine Railway Company:
1. After the coming into operation of the Act incorporating the Town of Dartmouth, the Town Council shall be authorized and empowered, if they see fit, to convey in fee simple to property to the the Chebucto Marine Railway Company the two water lots belonging to the Town of Dartmouth and now under lease to the company, upon the payment of a fair and reasonable price therefor, to be determined as hereinafter provided.

Valuation of such property:
2. For the purpose of fixing the price to be paid by the valuation of Chebucto Marine Railway Company for such lots, in case the Town Council of Dartmouth shall determine to sell the same, the Town Council shall appoint one appraiser, and the Company shall appoint one appraiser, and such two appraisers shall appoint a third appraiser; the three appraisers shall be sworn to the faithful discharge of their duties before the Warden of the Town of Dartmouth, and shall proceed to and appraise such water lots; and their award or that of any two of them shall be final.

Said company to receive conveyance in fee simple:
3. The Chebucto Marine Railway Company, on paying to Town Council the sum awarded, shall be entitled to receive to receive conveyance to them in fee simple of such water lots.

Application of purchase money:
4. The amount so paid shall be laid out and expended for the benefit of the Town of Dartmouth in such manner as the Town Council shall determine.

“To authorize the sale of certain Water Lots in the Town of Dartmouth”, 1873 c20

An Act for holding the first Municipal Election in the Town of Dartmouth.
(Passed the 30th day of April, A. D., 1873.)

SECTION
1. -First Municipal election-when to be held.

Be it enacted by the Governor, Council, and Assembly, as follows:

First municipal election when to be held:
1. The municipal elections to be held in the Town of Dart-mouth during the present year shall take place on the third Tuesday of May instead of at the time appointed therefor by the Act incorporating such Town.

“For holding the first Municipal Election in the Town of Dartmouth”, 1873 c18

An Act to Incorporate the Proprietors of Prince Arthur’s Park.
(Passed the 18th day of April, A.D. 1870.)

SECTION
1. Incorporation.
2. Votes of Proprietors.
3. Board of Directors.
4. First Meeting, when and where held.
5. Election of Officers.
6. Assessment.
7. No Encroachment.

Be it enacted by the Governor, Council, and Assembly, as follows:

Incorporation:
1. Bennett H. Hornsby, John Esdaile, Daniel McNeil Parker, James W. Johnston, J. Norman Ritchie, Alfred C. Cogswell and Frederick Fishwick, and such other persons as now are or may become proprietors of any portion of that tract of land at Dartmouth, in the county of Halifax, known as Prince Arthur’s Park, bounded northerly by property of Honorable James W. Johnston, easterly by the Cole Harbour and Gaston Roads, southerly by property of the estate of John Esson, and westerly by the Eastern Passage Road, containing one hundred and six acres, more or less, are declared to be a Company, which is hereby incorporated, by the name of the “Proprietors of Prince Arthur’s Park”; and they shall have the maintenance, control, and management, of all the roads, reserves, drives, avenues and sidewalks in such Park, and the lodges and gates therein erected, and shall make regulations relative thereto.

Votes of Proprietors:
2. Every proprietor of land in the said Park shall have one vote, and if he owns more than one acre therein, he shall have a vote for every acre so owned by him. Any proprietor who disposes of all his land in said Park shall thereupon cease to be a member of this Corporation.

Board of Directors:
3. The affairs of the Company shall be managed by a Board of Directors, of not less than three, or more than five, one of whom shall retire annually, but shall be eligible for re-election.

First meeting – when and where held:
4. The first meeting shall be held on the first Wednesday First Meeting,
in May next, and an annual meeting shall be held on the first Wednesday of September, in each year, including the present year.

Election of officers:
5. The Directors and other officers shall be elected at the first meeting in May, or some adjournment thereof.

Assessment:
6. At the first meeting, or any adjournment thereof, and at the annual meeting in each year, or at any special meeting called for that purpose, the Company shall assess the proprietors of all lands within the said Park, for an amount sufficient to uphold and maintain in good order and condition the roads, reserves, drives, avenues and sidewalks within such Park, and the gates and gate-keeper’s lodges erected therein, and the fences around the same, and to do such other work as shall be for the advantage of such Park and the proprietors thereof, which amount shall be apportioned by the Directors among the proprietors of such Park, in proportion to the extent of land owned by each of them; and the amount so apportioned shall be a first lien upon the land, and shall be collected from the individual proprietors in the name of the Company, as if it were a private debt.

No Encroachment:
7. No person, whether a proprietor or not, shall encroach upon or encumber the roads reserved in the Park any portion of the allotted width of sixty feet, or any of the other reserves made in the Park; and any proprietor or other person so offending shall forfeit two dollars. for the first offence, and one dollar for every day after the first day during which the encumbrance, or encumbrances, or any part thereof, shall be continued; and after a week any one or more of the Directors shall abate the nuisance, and may sell or dispose of at public auction, or private sale, all the materials and the substances which caused such encumbrance or encumbrances, and the proceeds thereof, and also the said fines, shall go into the improvement fund for the maintenance of the roads and other subjects mentioned in the sixth section.

“An Act to Incorporate the Proprietors of Prince Arthur Park”, 1870 c71

An Act to amend the several Acts relating to the Dartmouth Common.
(Passed the 21st day of September, A. D. 1868.)

SECTION.
1. Trustees of Dartmouth Common to be a Body Corporate. May grant fee simple to lessees. Shall invest proceeds.
2. Interest to be employed in improvements.
3. Streets to be under control of Commissioners for Dartmouth
5.(sic) Trustees may lease portion of Common for military purposes.
5. Trustees may execute deed to P. Leahy, on payment of $80.
6. Trustees may sell part of Common on requisition of two-thirds of rate payers at meeting called by notice in newspapers 20 days.
7. Proceeds to be invested, and interest to be expended in improvement.
8. Inconsistent Acts repealed.

Be it enacted by the Governor, Council, and Assembly, as follows:

Trustees of Dartmouth Common to be a Body corporate. May grant fee simple to lessees Shall invest proceeds:
1. The Trustees of the Dartmouth Common shall be a Common to be a Body politic and corporate, and shall have power to give releases under seal in fee simple, of such parts of the Common as are held under lease, upon receiving from the lessees at the rate of sixteen dollars and sixty-seven cents for every dollar of rent payable by such lessees, respectively, and shall keep the moneys so arising continually invested in securities on real estate or in the public funds.

Interest to be expended on improvements:
2. The Trustees shall expend the interest of the money Interest to be so arising in the clearing, draining, and improvement of the Common.

Streets to be under control of Commissioners for Dartmouth:
3. The streets already made in and around the Common Streets to be shall be under the control and management of the Commissioners of Streets for the Town of Dartmouth.

Trustees may lease portions of Common for military purposes:
4. The Trustees shall have power to lease to the Government such parts of the Common as are now used, or may of common tor hereafter be required, for military purposes.

Trustees may execute deed to P. Leahy, on payment of $80:
5. The Trustees shall have power to execute a Deed in Trustees may fee simple to Patrick Leahey of a lot of land, being part and parcel of the said Common, and described as follows: -Commencing on the eastern side of Dartmouth Common, at the north-west angle of property belonging to the estate of the late Thomas Boggs; thence by the north-west line of said Boggs property north fifty-nine degrees east, forty-eight feet, to the western line of property belonging to said Patrick Leahey ; thence north-easterly by the western line of said Leahey’s property, until it meets the southern side of the entrance to Wolf’s road, so called; thence southerly by a right line to the place of beginning ;—on the said Patrick Leahey paying to the said Trustees the sum of eighty dollars, being the appraised value thereof.

Trustees may sell part of Common on requisition of two thirds of rate payers at meeting called by notice in newspapers 20 days:
6. The Trustees shall have power to sell that portion of said Common bounded northerly by Howe street, westerly by the Windmill road, southerly by Parker street, and easterly by Wise street, or any portion thereof, at public auction after notice of such sale for twenty days at least in not less than three newspapers published in Halifax County, and to give conveyances thereof in fee simple; and it shall be ncessary for the said Trustees to obtain authority for such sale by a requisition signed by two-thirds at least of the rate payers residing within the limits of the Town Plot of Dartmouth, present at a meeting called for the purpose by public notice previously given twenty days at least in two newspapers in Halifax County, which Town Plot shall be construed to embrace an area within the distance of one mile measured in a southwardly, eastwardly, and northwardly direction from the Public Landing or Steamboat Company’s wharf.

Proceeds to be invested and interest to be expended in improvements:
7. The proceeds arising from the sales or transfers authorized by or mentioned in the fifth and sixth clauses hereof shall be invested and kept invested by the Trustees in the same manner as is provided in the first section hereof, and the interest arising therefrom shall be expended in the improvement of the Common as the Trustees shall direct.

Inconsistent Acts repealed:
8. So much of the several Acts relating to the Dartmouth Common, and the Acts in amendment thereof previous to this Act, as is inconsistent with this Act, is hereby repealed.

“To amend the several Acts relating to the Dartmouth Common”, 1868 c31