An Act to authorize an Assessment on the inhabitants of the town plot of Dartmouth. (Passed the 7th day of May, A. D. 1866.)
SECTION
1. Inhabitants of Dartmouth may assess themselves for $600 to obtain plan of township. 2. Commissioners of Streets may borrow said amount. 4.(sic) Amount to be repaid in three years, 4. General or Special Sessions may assess for amount.
Be it enacted by the Governor, Council, and Assembly, as follows:
Inhabitants of Dartmouth may assess themselves for $600 to obtain plan of township: 1. The rateable inhabitants residing within the town plot of the township of Dartmouth, in the county of Halifax, may selves for $600 assess themselves, at any public meeting to be called for the purpose by any three of the Justices of the said county, notice of such meeting having been first given by handbills posted up within the limits of such town plot at least ten days previous to such meeting, in a sum not exceeding six hundred dollars, for the purpose of obtaining a good and sufficient plan of said town plot.
Commissioners may borrow said amount: 2. The Commissioners of Streets for the said township are hereby authorized to borrow the sum of six hundred dollars for the purpose aforesaid, by pledging the security of this act.
Amount to be repaid in three years: 3. Such sum and interest thereon, at the rate of six per centum per annum, shall be repaid in three years in the following manner, viz., the sum of two hundred dollars and interest in one year, the sum of two hundred dollars and interest in two years, and the sum of two hundred dollars and interest in three years, from the time such sum of six hundred dollars is so borrowed.
General and Special Sessions may assess for amount: 4. A general or special sessions shall assess such amounts as aforesaid upon the inhabitants of the said town plot, and the same shall be collected and enforced in the same manner as poor and county rates are now collected and enforced.
“To authorize an assessment on the inhabitants of the Town Plot of Dartmouth”, 1866 c56
An Act for the appropriation of Police Fines in the town of Dartmouth. (Passed the 18th day of April, A. D. 1865.)
SECTION
Preamble 1. Fines-how appropriated. 2. Account of fines to be forwarded to Sessions.
Preamble: Whereas, a lock-up house has been built and a Police Court established at Dartmouth, in the County of Halifax, and the expense incurred thereby has been paid by an assessment on the rate-payers resident within the town plot of Dartmouth, so called, and no provision has been made for the appropriation of moneys that may arise from the fines imposed by said Court.
Be it enacted by the Governor, Council, and Assembly, as follows:
Fines – how appropriated: 1. All the surplus moneys arising from the fines imposed by the said court, after deducting the expenses thereof, shall be paid over from time to time by the Police Magistrates presiding therein to the County Treasurer; and the same shall be appropriated to such public local purposes within the town plot of Dartmouth as the rate-payers at their annual meeting may, by resolution, direct; and the sessions for the county shall issue a warrant for such money in conformity with such resolution.
Account of fines to be forwarded to sessions: 2. An account of all such fines shall be forwarded by the Police Magistrates of Dartmouth annually to the Court of Quarter Sessions for the county.
“For the appropriation of Police Fines in the town of Dartmouth”, 1865 c105
An Act for the establishment of Police Regulations in the Town of Dartmouth. (Passed the 12th day of April, A. D. 1862.)
SECTION. 1. Justices of the Peace at Dartmouth may act as Police Court. Their jurisdiction. 2. Nature of punishment. 3. Limitation of action. 4. Particular form of proceedings not requisite 5. Court may take recognizances to appear in Supreme Court, &c. 6. Process – how signed. 7. Police Constable – appointment of, duties, &c. Court – when held, &c. 8. Penalty for refusing to assist Constable 9. Fees.
Be it enacted by the Governor, Council, and Assembly, as follows:
Justices of the Peace at Dartmouth may act as Police Court, Their Jurisdiction: 1. The Justices of the Peace for the County of Halifax Justices from time to time residing within the limits of the Commissioners of Streets for the Town of Dartmouth, or any one or more of them shall, whenever occasion may require, or he or they may think necessary, act as a Police Court within the aforesaid limits, and shall have and exercise all powers necessary for the preservation of the public peace and good order, the protection of property, and the repressing offences against the Sabbath ; and also shall have power to hear and determine in a summary manner all larcenies where the value of the goods stolen shall not exceed twenty dollars, receiving of stolen goods, assaults, batteries, riots, petty tresspasses, malicious or wanton injuries to property, and breaches of the peace committed within the limits aforesaid.
Nature of punishment: 2. The Court shall have power to punish offenders upon conviction of any offences within their jurisdiction, by imprisonment in the Lock-up House or County Jail, for a period not exceeding thirty days, or by fine, not exceeding in any case twenty dollars and costs of prosecution; and in case of non-payment of the fine and costs, may commit the offender to the Lock-up House or Jail for any time not exceeding thirty days.
Limitation of action: 3. Offences shall be prosecuted in every case within two months after commission.
Particular form of proceedings not requisite: 4. No such conviction shall be quashed for want of form, and no warrant of commitment shall be held void by reason of any defect therein so as it be therein alleged that the party has been convicted of some offence named therein.
Court may take recognizances to appear at Supreme Court, &c: 5. The Police Court shall have power to hold persons recognizances charged with offences under recognizances with sureties to appear and answer in the Supreme Court or the Court of Sessions, and for want of recognizance to commit to the Lock-up House or County Jail.
Process how signed: 6. All process issued by the Court shall be signed by one signed by one or more of the Justices.
Public Constable-appointment of, duties, &c. 7. The Court shall appoint a Police Constable who shall have power within the said limits to arrest any persons who in his presence shall be guilty of any of the offences within the cognizance of such Police Justices and take them before one or more of the Justices; and if such Justice shall consider it necessary the Police Court shall meet and adjudicate upon held, &c. the case, but no person shall be detained in custody from the time of his arrest until the hearing of his case more than thirty hours (except the arrest be made on Saturday) until his case shall be brought to a hearing,—but upon a hearing the person in custody may be remanded for the procuring of evidence or other sufficient cause. But nothing herein shall prevent any person so arrested from being delivered on bail, if entitled to be so delivered.
Penalty for refusing to assist Constable: 8. All persons shall be bound on request to assist the Constable in the execution of his duty; and any person refusing shall be fined not less than one dollar nor more than four dollars by any one of such Justices.
Fees 9. The fees hereinafter enumerated shall be chargeable for the services herein mentioned, viz:
For Affidavit, twenty cents, ” Warrant, fifty cents, ” Service of process, twenty-five cents, ” Recognizance, sixty cents. ” Judgment, twenty cents, ” Warrant of Commitment, twenty cents, ” Subpoena, ten cents.
“For the establishment of Police Regulations in the Town of Dartmouth”, 1862 c42
An Act to amend the Act respecting Fire Engines at Dartmouth. (Passed the 1st day of May, A. D. 1857.)
SECTION.
1. Sum to be assessed. 2. Firewards may borrow the amount. 3. Sec. 3 act amended, repealed.
Preamble: Whereas the act fourteenth Victoria, chapter twenty-eight, entitled, “An act respecting fire engines at Dartmouth,” empowered the grand jury of Halifax to present to the sessions to confirm a sum not to exceed two hundred pounds, to be assessed for the purpose of providing and repairing fire engines at Dartmouth. And whereas the inhabitants of the town of Dartmouth, at a meeting held on Monday, the ninth day of March, in the year of our Lord one thousand eight hundred and fifty-seven, voted a sum of two hundred and sixty-five pounds, to be assessed for the purpose of providing fire engines and apparatus for the use of the town.
Be it therefore enacted by the Governor, Council, and Assembly, as follows:
Sum to be assessed: 1. The grand jury may present and the sessions may confirm such sum of two hundred and sixty-five pounds, to be assessed within the limits mentioned in such act, and the sum presented and confirmed shall be assessed in not less than five nor more than six instalments, one in each year, until the whole shall be assessed and collected.
Firewards may borrow the amount: 2. The fire wards or their successors may borrow the sum so presented and confirmed, payable as the same shall be assessed and collected, and the interest on such loan shall be added to the amount so presented and confirmed and collected therewith, and the firewards for the time being shall apply the same to the discharge of the amount so borrowed with interest.
Sec. 3, act amended, repealed: 3. Section third of the act hereby amended is repealed.
An Act to provide for extending the Eastern Shore Road in the County of Halifax. (Passed the 31st day of March, 1855.)
SECTION 1. Money, when to be advanced. 2. How repaid. 3. Public funds not pledged.
Be it enacted by the governor, council, and assembly, as follows :
Money, when to be advanced, &c.: So soon as any person shall give security, to the satisfaction to bo advanced, of the governor, in such manner and to such amount as he shall direct, that the extension of the eastern shore road in the county of Halifax, from Ship Harbor to Sheet Harbor, and other settlements lying on the eastern coast, will be commenced without delay, and that monies for that purpose, to the extent of one thousand pounds, will be forth with provided, paid and advanced during the progress of the work, as may be required; the governor may appoint a commissioner, or commissioners, for the purpose of superintending the expenditure of such monies, who shall lay out the same in opening and completing the road, and shall return upon oath, to the office of the provincial secretary, a full and accurate account of the monies expended thereon.
How repaid, &c: 2. Until the monies so advanced, with interest thereon, shall be repaid, there shall be annually appropriated, out of the monies granted for the service of roads and bridges for the county of Halifax, one third part of the sum so advanced, with the interest then due, to be paid to the lender thereof, in whose favor the governor may draw warrants on the treasury for such yearly amount, and if the monies so allotted shall be less than the third part of the sum advanced, with the interest, in any one year the whole monies granted shall be appropriated for such purpose.
Public funds not pledged: 3. In case hereafter no monies shall be granted or appropriated not pledged for the service of roads and bridges in the county of Halifax, nothing herein contained shall be held to be any pledge, guarantee, or lien, of or upon the public funds or revenue of the province, for the repayment of the monies so advanced.
“To extend (a new Road from Dartmouth to Eastern Shores) from Ship Harbour to Sheet Harbour”, 1855 c52
An Act respecting Fire Engines at Dartmouth. (Passed the 31st day of March, A. D. 1851.)
BE it enacted, by the Lieutenant-Governor, Council and Assembly, as follows:
Grand Jury may present £200 for a new Fire Engine for Dartmouth: I. The Grand Jury of the County of Halifax may present, and the General Sessions may confirm a sum not exceeding Two hundred pounds, to provide a new Fire Engine for the use of the Inhabitants of the Town of Dartmouth, and to repair the old one.
To be levied on Inhabitants in Dartmouth: II. The sum so presented and confirmed shall be assessed, levied, and collected from such only of the inhabitants of Dartmouth as may be resident within the limits following, viz: within the space of One mile, measured in a southwardly, eastwardly, and northwardly direction, from the Steam Boat Company’s Wharf in Dartmouth, in the same manner and by the same means in all respects as if assessments for the purposes aforesaid had been originally by Law confirmed to such limits.
Such persons as have paid any monies under 10 Vic. Chap. 29, shall receive credit therefor: III. Such persons as have paid any monies on account of the assessment made for such purpose under the Act Tenth Victoria, Chapter Twenty-nine, shall receive credit in the assessment hereby authorised for the amounts so paid by them respectively, and if any part of the monies so collected shall have been paid by parties not liable to the assessment hereby authorised when the same shall be levied, such monies shall be returned to them by the County Treasurer out of the Funds so collected and now in his hands, deducting therefrom in the first place all monies expended in repairing the Engine heretofore in use in the Town of Dartmouth.
An Act to provide for extending the Eastern Shore Road in the County of Halifax. (Passed the 31st day of March, 1851.)
BE it enacted by the Lieutenant-Governor, Council, and Assembly, as follows:
Governor may appoint Commissioner to lay out the Shore Road and expend £10,000: I. So soon as any person shall give security to the satisfaction of the Governor, in such manner and to such amount as he shall direct, that the extension of the Eastern Shore Road in the County of Halifax from Musquodoboit Harbor to Ship Harbor, and other Settlements lying on the Eastern Coast, will be commenced without delay, and that Monies for that purpose to the extent of One thousand pounds will be forthwith provided and paid and advanced during the progress of the work as may be required; the Governor may appoint a Commissioner or Commissioners for the purpose of superintending the expenditure of such Monies, who shall lay out the same in opening and completing the Road, and shall return, upon oath, to the office of the Provincial Secretary, a full and accurate account of the Monies expended thereon.
One-third of Monies granted for Roads and Bridges to be paid to Lender thereof: II. Until the Monies so advanced, with interest thereon, shall be annually appropriated out of the Monies granted for the service of Roads and granted for Roads and Bridges to be Bridges for the County of Halifax, One third part of the sum so advanced, with the interest then due, to be paid to the Lender thereof, in whose favor the Governor may draw Warrants on the Treasury for such yearly amount, and if the Monies so allotted shall be less than the third part of the sum advanced with the interest, in any one year, the whole Monies granted shall be appropriated for such purpose.
In case no Monies granted for Roads, &c. Public Funds not to be pledged: III. In case hereafter no Monies shall be granted or appropriated for the service of Roads and Bridges in the County of Halifax, nothing herein contained shall be held to not to beany pledge, guarantee, or lien of or upon the Public Funds or Revenue of the Province, for the re-payment of the Monies so advanced.
“To provide for extending (To provide for the opening of a new Road from Dartmouth to Eastern Shores”, 1847 c38), 1851 (1st session) c13
An Act to authorise the appointment of Trustees for the Public Burial Ground at Dartmouth. (Passed the 28th day of March, 4. D. 1850.)
BE it enacted, by the Lieutenant-Governor, Council and Assembly, as follows:
Governor to appoint Trustees: 1. It shall be lawful for the Governor in Council to appoint Three persons, to be Trustees of the Public Burial Ground at Dartmouth; and upon their appointment, the Burial Ground shall cease to be rested in the Trustees of the Dartmouth Common, and shall rest in the Trustees who shall be so appointed; and the Trustees, shall hold the same upon the Trusts and for the purposes mentioned in the Act passed in the Fifth Year of Her Majesty’s Reign, entitled, an Act for establishing a Public Burial Ground at Dartmouth, and according to the limits specified in the Act passed in the Sixth Year of Her Majesty’s Reign, entitled, An Act to amend the Act for establishing a Public Burial Ground at Dartmouth ; and tile Governor in Council shall have power to remove or change the Trustees, or any of them, at pleasure: and whenever any vacancy shall occur in the Trust by death, resignation, or removal from Office, the Governor in Council shall have power to supply the vacancy.
Duty of Trustees: Il. The Trustees shall have power to make and amend Regulations for the improvement, protection, and management of the Burial Ground, which Regulations and any amendment thereof, shall be submitted to the General Sessions of the Peace, and when approved of and passed by the Sessions, shall be valid and effectual for the purposes intended.
“An act to authorize the appointment of Trustees for the Public Burial Ground at Dartmouth”, 1850 c61
An Act concerning Town Property in Dartmouth. (Passed the 28th day of March, A. D. 1850.)
BE it enacted by the Lieutenant-Governor, Council and Assembly, as follows:
Three trustees of Public Property to be chosen for the Township of Dartmouth – their duties, &c.: I. After the first Annual Town Meeting in the Township of Dartmouth, Three Trustees of Public Property shall be chosen, in whom shall be vested the legal possession of the several Water Lots that have been reserved for the use of the Public along the shores of the Town Plot of Dartmouth, and of a certain Lot of Land and School House now known and distinguished as the School Lot, lying in the Town Plot, to be recovered, held and preserved by the Trustees for the uses to which the same respectively have been reserved and applied, but the School House and School Lot shall be preserved exclusively to the use of Schools and Education, and nothing herein shall exclude the possession and control of the Trustees to be appointed under the Act passed in the present Session for the support of Schools if the School House and Lot might otherwise come under the control of such Trustees.
All other Public Property in Dartmouth not under the claim of any person to be vested in Trustees: II. Any other Public Property in the Township of Dartmouth not legally possessed by or under the charge and supervision of any person, shall also be legally vested in the Trustees appointed under this Act, to be recovered held and preserved by them for the uses for which the same have been granted, reserved or appropriated.
Trustees to be appointed at Annual Meeting: III. Three Trustees shall be annually thereafter appointed at each Annual Town Trustees to be appointed at Annual Meeting of the Township, and in case of any failure in such annual appointment the Meeting. Trustees in office shall continue until another legal election shall take place.
Inhabitants at Meetings may declare for what purposes Property shall be applied: IV. The Inhabitants, in Town Meeting, at any time may declare the purposes to which the Town Property shall be applied by the Trustees, provided those purposes shall not be inconsistent with the uses to which the property has been granted, reserved, or legally appropriated.
Governor may appoint Trustees: V. The Governor in Council may appoint Three Trustees for the purposes of this Act to remain in office until the next Annual Town Meeting in Dartmouth.
“An Act concerning Town Property in Dartmouth”, 1850 c53
An Act additional to the Act for regulating the Dartmouth Common. (Passed the 21st day of March, 1848.)
Preamble: WHEREAS, in a recent search for Mines and Minerals, a large excavation has been made on the South Western part of the Common at Dartmouth, and a Spring having been struck, the same is constantly filled with water, and the use thereof might be advantageously disposed of for the improvement of the remainder of the said Common :
Trustees to Lease Excavation, &c.: I. Be it enacted, by the Lieutenant-Governor, Council, and Assembly, That it shall be lawful for the Trustees of the said Common, from time to time, to dispose of the said Excavation or Pit, and the use of the water therein being, to any person or Body Corporate who may wish to procure the same, for any term not exceeding Twenty-one years, with liberty to the Lessee to carry any Pipes that may be required for the purpose of conducting such water from the said Pit, across, over, under, and through, any other portion of the said Common, and to make and execute Leases to the purchasers thereof in conformity with the terms agreed upon.
Application of Monies received under Act: II. And be it enacted, That all Monies received by the said Trustees under this application of Mo Act, after deducting the necessary expenses of making such sales, shall be applied et to the improvement of the remainder of the said Common, and of the Road leading through the same.
Commrs. of Streets to permit laying of Pipes, &c., Proviso: III And be it enacted, That it shall be lawful for the Commissioners of Streets for the Town of Dartmouth, and they are hereby empowered, if they shall see fit so to do, to permit any such Lessee as aforesaid, to lay down, and place in, or along, or under, the side walks of the Streets and Highways under their jurisdiction such Pipes as may be required to carry away the water from the said Pit, and for that purpose to open up the said side walks upon such terms, and under such restrictions, as may be agreed upon : Provided always, that all trenches opened for the purpose aforesaid, shall be closed with all convenient speed after the laying down of such Pipes.
“Additional Act relating to the Dartmouth Common”, 1848 c10
