1870s 4 - City of Dartmouth

Body politic, Body corporate ⁠— City limits

March 11, 2024February 23, 2021 by Dartmouth

An examination of the legislated spatial dimensions of Dartmouth – from its initial definition as a township care of the Royal instructions that accompanied Cornwallis in 1749 to its dissolution in one of Nova Scotia’s city county mergers by fiat (aka a “municipal coup”) in 1996.

“And whereas for the better security, regulation and government of our said settlement, it will be necessary that such persons as we shall judge proper to send to our said province should be settled in townships; you are therefore hereby authorized and required to appoint such proper persons as you shall find there fully qualified to carry along with you forthwith to survey and mark out the said townships in such manner and at such places as is herein directed, that is to say, two townships containing 100,000 acres of land each be marked out at or near our harbor of Chebucto, as also one township of the like extent at each of the aforementioned places or such others as you shall judge most proper; and you are to take particular care in laying out such townships that they do include the best and most profitable land and also that they do include the best and most profitable rivers as may be at or near the said settlements and that the said townships do extend as far up into the country as conveniently may be, taking in a necessary part of the seacoast”.
769: Laying out townships in Nova Scotia (I). 1749-1752; (§§ 770, 766).
Labaree, Leonard Woods. “Royal Instructions To British Colonial Governors”, Volume II. New York, Octagon Books, 1967.
https://archive.org/details/royalinstruction028364mbp/page/n93/mode/2up

“the Town and Suburbs of Dartmouth”
An Act for Establishing and Regulating a Militia, Law by Proclamation, by Command of his Excellency the Governor and his Majesty’s Council, May 10, 1753.

“That the Township of Dartmouth comprehend all the Lands lying on the East Side of the Harbour of Halifax and Bedford Basin, and extending and bounded Easterly by the Grant to the Proprietors of Lawrence-Town, and extending from the North-easterly Head of Bedford Basin into the Country, until One Hundred Thousand Acres be comprehended.”
Proclamation of His Excellency Charles Lawrence, with the Advice and Consent of His Majesty’s Council, January 3rd 1757. Journals of the Board of Trade and Plantations; Townships, Elections, 1757. Proclamation, Governor Charles Lawrence – official announcement and details about the election of representatives to the new General Assembly. The National Archives of the UK (TNA) . Colonial Office and Predecessors: Nova Scotia and Cape Breton Original Correspondence. CO 21/16 ff. 154

“the inhabitants of the town plot of Dartmouth…in said town…the district of Dartmouth”
Chapter 6 of the Acts of 1789, “An act to enable the Inhabitants of the Town Plot of Dartmouth to use and occupy the Common Field, granted them by his excellency the Lieutenant-Governor, in such way as they may think most beneficial to them”
http://0-nsleg–edeposit.gov.ns.ca.legcat.gov.ns.ca/deposit/Statutes/at_large/volume1/1789.pdf

“Common of the town of Dartmouth…the common of the township of Dartmouth; situate on the eastern side of the harbour of Halifax, in special trust, for the use of the inhabitants settled and resident in the town plot, or that might thereafter settle, and actually reside, within the township of Dartmouth… Within the township of Dartmouth”
Chapter 2 of the Acts of 1797, “An act to enable the Governor, Lieutenant Governor, or Commander in chief for the time being, to appoint Trustees, for the Common of the Town of Dartmouth, on the death, or removal, of the Trustees holding the same, and to vacate that part of the grant of the Common aforesaid, which vests trust in the heirs, executors or administrators, of the Trustees, named in the said grant, on the death of such Trustees”
http://0-nsleg–edeposit.gov.ns.ca.legcat.gov.ns.ca/deposit/Statutes/at_large/volume1/1797.pdf

“Town plot of Dartmouth… The said town… The town plot of Dartmouth, bounded on the North by the Common, on the South and West by the Halifax Harbour, and on the east by Mill Brook… Of the said towns respectively, within the said limits.”
Chapter 23 of the Acts of 1818, “An act to extend the provisions of c15 of 1761 relating to Trespasses, to the Town of Pictou and the Town Plot of Dartmouth”
https://0-nsleg–edeposit-gov-ns-ca.legcat.gov.ns.ca/deposit/Statutes/at_large/volume3/1818.pdf

“The town of Dartmouth”
Chapter 32 of the Acts of 1820-21 “To extend the Act for appointing Firewards to the Town of Dartmouth”
https://0-nsleg–edeposit-gov-ns-ca.legcat.gov.ns.ca/deposit/Statutes/at_large/volume3/1820-21.pdf

“the Town of Dartmouth… inhabitants of the said town… the jurisdiction, powers and authority, of the commissioners so to be appointed for the said Town of Dartmouth, shall be confined and restricted to the bounds and limits following, that is to say:⁠— to the direction or space of one Mile, measured in a southwardly, Easterly, and Northerly direction, from the Public Landing, or Steam Boat Company Wharf, in the said Town.”
Chapter 27 of the Acts of 1828 “To extend the Act relating to Commissioners of Highways to the Town of Dartmouth” https://0-nsleg–edeposit-gov-ns-ca.legcat.gov.ns.ca/deposit/Statutes/at_large/volume3/1828.pdf

A rough idea of what a 1 mile radius from the Ferry terminal wharf looks like.

“Inhabitants resident in the Town Plot of Dartmouth, at a meeting to be called for that purpose… Annual Meeting of the said Inhabitants”
Chapter 52 of the Acts of 1841, “An Act for regulating the Dartmouth Common” http://0-nsleg–edeposit.gov.ns.ca.legcat.gov.ns.ca/deposit/Statutes/1841.pdf

“the Town of Dartmouth, in the County of Halifax… the said Town of Dartmouth”
Chapter 48 of the Acts of 1843, “An Act to extend to the Town of Dartmouth the Act to amend the Act to regulate the Assize of Bread” http://0-nsleg–edeposit.gov.ns.ca.legcat.gov.ns.ca/deposit/Statutes/1843.pdf

“Whereas some uncertainty exists as regards the limits of the Township of Dartmouth… Be it therefore enacted by the Lieutenant Governor, Council and Assembly, that the lines of the Township of Dartmouth shall be established and settled as follows, beginning on the Eastern side of Bedford Basin at the head of Pace’s cove at low water mark, and thence to run north seventy four degrees east until it meets the main stream running Into Lake Major, thence southerly through the center of Lake Major and West Salmon River to the waters of Cole Harbor and thence Southwestwardly along the shore the several courses of the shore to Roaring Point, thence northerly following the course of the shore of the Main Land at low water mark to the place of beginning, so as not to include any Islands lying on or near said shore.
Chapter 17 of the Acts of 1846, “An Act to define and establish the Lines of the Township of Dartmouth”
https://0-nsleg–edeposit-gov-ns-ca.legcat.gov.ns.ca/deposit/Statutes/1846.pdf

“…the inhabitants of the said town of Dartmouth …within the space of one mile, measured in a southwardly, easterly and northerly direction from the public landing or Steamboat Company’s wharf in said town”
Chapter 29 of the Acts of 1847, “In relation to Assessment for a Fire Engine at Dartmouth”
https://0-nsleg–edeposit-gov-ns-ca.legcat.gov.ns.ca/deposit/Statutes/1847.pdf

For Dartmouth…one mile, measured in a southwardly, easterly and northerly direction from the public landing or Steamboat Company’s wharf in the said Town”
Chapter 46 of the Acts of 1847, “An act relating to Streets and Highways … in the Town of Dartmouth”
https://0-nsleg–edeposit-gov-ns-ca.legcat.gov.ns.ca/deposit/Statutes/1847.pdf

“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 excuse 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 control of such Trustees. 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… three trustees shall be annually thereafter appointed at each Annual Town Meeting of the Township… 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… the next Annual Town Meeting of Dartmouth”
Chapter 53 of the Acts of 1850, “An Act Concerning Town Property in Dartmouth” http://0-nsleg–edeposit.gov.ns.ca.legcat.gov.ns.ca/deposit/Statutes/1850.pdf

“The rateable inhabitants residing within the town plot of the township of Dartmouth, in the county of Halifax, may assess themselves, at any public meeting… for the purpose of obtaining a good and sufficient plan of said town plot… the inhabitants of the said town plot… The Commissioner of Streets for the said township…”
Chapter 56 of the Acts of 1866, “To authorize an assessment on the inhabitants of the Town Plot of Dartmouth”
https://0-nsleg–edeposit-gov-ns-ca.legcat.gov.ns.ca/deposit/Statutes/1866.pdf

“The Trustees of the Dartmouth Common shall be a Body politic and corporate… the Commissioner of Streets for the Town of Dartmouth… A requisition signed by two thirds at least of the rate payers residing within the limits of the town plot of Dartmouth… Which town plot shall be construed to embrace an area within a distance of one mile measured in a southwardly, easterly and northerly direction from the public landing or Steamboat Company’s wharf in said town”
Chapter 31 of the Acts of 1868, “To amend the several Acts relating to the Dartmouth Common”
https://0-nsleg–edeposit-gov-ns-ca.legcat.gov.ns.ca/deposit/Statutes/1868.pdf

‘A municipality shall be erected within the County of Halifax, to be bounded as follows, that is to say: Beginning on the eastern side of the Harbor of Halifax, at a point in such Harbor distant three hundred feet Westerly from the South Western corner of a lot of land formerly owned by Judge Johnston 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 Southern side 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 causeway at Hurley’s on the First Lake; thence Northwardly to the North East boundary of Stair’s Ropewalk property; thence Westwardly to a point three hundred feet into the Harbor of Halifax; and thence Southwardly to then place of beginning; to be called and known as “The Town of Dartmouth”‘.
Chapter 17 of the Acts of 1873, “An Act to Incorporate the Town of Dartmouth” https://0-nsleg–edeposit-gov-ns-ca.legcat.gov.ns.ca/deposit/Statutes/1873.pdf

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. 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.
The Town of Dartmouth shall be bounded as follows:⁠—
Beginning on the eastern side of the Harbor of Halifax, at a point in such Harbor distant three hundred feet Westerly from the South Western corner of a lot of land formerly owned by Judge Johnston 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 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 Northwestardly 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 G. A. S Chichton, 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”.
Chapter 40 of the Acts of 1877, “An Act to amend the Act entitled, “An Act to Incorporate the Town of Dartmouth” https://0-nsleg–edeposit-gov-ns-ca.legcat.gov.ns.ca/deposit/Statutes/1873.pdf

“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, and the boundaries of the town of Dartmouth, the division of the same into wards, and the boundaries of the several wards thereof, shall continue as at the passing of this Act.”
Chapter 86 of the acts of 1886, “An Act to Amend the Acts relating to the Town of Dartmouth”

[Included is a copy of the 1886 Statues from archive.org, since the copy supplied by the Government of Nova Scotia is missing page 253, which just so happens to be paragraph 1-3 of this Act to Amend the Acts relating to the Town of Dartmouth, which contains the above quoted passage, along with an explicit mention of male or female ratepayers, residents and nonresidents as qualified to vote.]

https://archive.org/embed/statutesnovasco01scotgoog
http://0-nsleg–edeposit.gov.ns.ca.legcat.gov.ns.ca/deposit/Statutes/1886.pd f

‘The body so constituted shall be a body corporate, under the name of “The Dartmouth Ferry Commission…”‘
Chapter 83 of the Acts of 1890, “An Act to provide for the establishment and operation of a Public Ferry between Dartmouth and Halifax”
https://0-nsleg–edeposit-gov-ns-ca.legcat.gov.ns.ca/deposit/Statutes/1890.pdf

“The Dartmouth Ferry Commission shall continue to be a body politic and corporate, as constituted under chapter 83 of the Acts of 1890 and amending Acts.”
Chapter 37 of the Acts of 1894, “An Act to Consolidate the Acts relating to the establishment and operation of a Public Ferry between Dartmouth and Halifax”, https://0-nsleg–edeposit-gov-ns-ca.legcat.gov.ns.ca/deposit/Statutes/1894.pdf

“The assessors shall also insert on the roll the names of all yearly tenants in occupation of real property assessed.”
Chapter 65 of the Acts of 1901, “Act to amend Chapter 50 of the Acts 1897, amending Towns’ Incorporation Act so far as relates to Dartmouth”
https://0-nsleg–edeposit-gov-ns-ca.legcat.gov.ns.ca/deposit/Statutes/1901.pdf

The town of Dartmouth is bounded as follows:
Beginning at a point in the harbor of Halifax distant three hundred feet westerly from the southwestern corner of a lot of land formerly owned by the late Judge Johnstone, and by him conveyed to John Esdaile; thence eastwardly to 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 southwestern corner thereof; thence eastwardly to the eastern side of Gaston’s Road; thence in a straight line to the point of intersection of the eastern side line of a new road laid out by J. W. Watt through Manor Hill farm, and the northern side line of Cole Harbor Road; thence northwardly by the said new road for the length thereof; thence northwardly to the western extremity of the causeway at Hurley’s on the first lake; thence northwestwardly through Taylor’s born on the opposite side of the lake until it strikes the southern line of the road which connects with the new road laid out by G. A. S. Chrichton; thence following the southern side 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; thence southwardly in a line parallel to the shore of the harbor, and distant three hundred feet therefrom to the place of beginning. (1873, c. 17, s. 1; 1877, c. 40; 1897, c. 50, s. 3)
Chapter 56 of the Acts of 1902, “An Act to Consolidate the Acts Relating to the Town of Dartmouth“
https://0-nsleg–edeposit-gov-ns-ca.legcat.gov.ns.ca/deposit/Statutes/1902.pdf

The Town of Dartmouth is bounded as follows:
Beginning at the point of intersection of ordinary high water mark on the eastern shore of Halifax Harbor with the prolongation south-westerly of the centre line of a stone wall defining the south-eastern boundary of a lot of land formerly owned by the late Judge Johnstone and by him conveyed to John Esdaile; thence north-easterly along said prolongation and the centre line of said stone wall 1084 feet to a monument on the eastern line of Pleasant Street; thence 52 degrees 22 minutes right, 880.9 feet to a monument; thence 38 degrees 24 minutes left, 826.8 feet to a monument on the south western boundary of the Esson farm; thence 76 degrees 48 minutes right along the southwestern boundary of said Esson Farm 1097.5 feet to a monument; thence 89 degrees 49 minutes left 1799 feet to a monument on the southeastern boundary of the Dartmouth Rod and Gun club; thence 86 degrees 50 minutes left along the rear line of properties situated on the southern side of Gaston Road, and crossing Gaston Road 1322.4 feet to a monument in rear of Atwood’s house on Gaston Road; thence 10 degrees 22 minutes right crossing Cole Harbor Road and along the eastern side of Watt Street 2411.2 feet to a monument on the southern line of Maynard Street; thence 11 degrees 7 minutes right crossing Oat Hill Lake, 2628 feet to a monument on the southwestern corner of the causeway on the Preston or Lake Road near Robert Carter’s; thence 13 degrees 32 minutes left, crossing Banook Lake 4757 feet to a monument on the southwestern corner of Crichton Avenue and Albro Lake Road; thence 10 degrees 19 minutes left along the southwestern side of Albro Lake Road 1085.8 feet to a monument; thence 88 degrees 25 minutes left along the south-eastern side of Albro Lake Road 2061.6 feet to a monument; thence 42 degrees 40 minutes right along the southern side of Albro Lake Road 400 feet to a monument; thence 19 degrees along the south side of Albro Lake Road 841 feet to a monument; thence 26 degrees 27 minutes left along the southeastern side of Albro Lake Road 1328.5 feet to a monument on the eastern line of Wyse Road at the point of intersection with the prolongation easterly of the northern side of the stone wall on the southern side of Albro Lake Road; thence 19 degrees 50 minutes right along the northern side of the stone wall on the southern side of Albro Lake Road 877.9 feet to a monument on the eastern side of Windmill Road; thence 6 degrees 30 minutes left, 1030 feet more or less to ordinary high water mark; thence in a general southerly direction along the shore of Halifax Harbor, as defined by ordinary high water mark, to the place of beginning, together will all water grants, docks, quays, slips and erections connected with the shores of the town which shall be deemed to be included in the boundaries and form part of the town.
Chapter 97 of the Acts of 1925, “An Act Relating to the Town of Dartmouth”
https://0-nsleg–edeposit-gov-ns-ca.legcat.gov.ns.ca/deposit/Statutes/1925.pdf

The Town of Dartmouth is bounded as follows:
Beginning at the point of intersection of ordinary high water mark on the eastern shore of Halifax Harbor with the prolongation south-westerly of the centre line of a stone wall defining the south-eastern boundary of a lot of land formerly owned by the late Judge Johnstone and by him conveyed to John Esdaile;
Thence north-easterly along said prolongation and the centre line of said stone wall 1084 feet to a monument on the eastern line of Pleasant Street;
Thence southerly along the eastern line of Pleasant Street to the northern line of Johnstone avenue and northern line of Esson Road to the south western boundary of the “Esson farm”;
Thence southeasterly along the southwestern boundary of the “Esson Farm” 100 feet (one hundred) more or less to a monument;
Thence continuing southeasterly along the southwestern boundary of the “Esson Farm” 1097.5 feet to a monument;
Thence 89 degrees 49 minutes left 1799 feet to a monument on the southeastern boundary of the Dartmouth Rod and Gun club;
Thence 86 degrees fifty minutes left along the rear line of properties situated on the southern side of Gaston Road, and crossing Gaston Road 1322.4 feet to a monument in rear of Atwood’s house on Gaston Road;
Thence 10 degrees 22 minutes right crossing Cole Harbor Road and along the eastern side of Watt Street 2411.2 feet to a monument on the southern line of Maynard Street;
Thence 11 degrees 7 minutes right crossing Oat Hill Lake, 2628 feet to a monument on the southwestern corner of the causeway on the Preston or Lake Road near Robert Carter’s;
Thence 13 degrees 32 minutes left, crossing Banook Lake 4757 feet to a monument on the southwestern corner of Crichton Avenue and Albro Lake Road;
Thence 10 degrees 19 minutes left along the southwestern side of Albro Lake Road 1085.8 feet to a monument;
Thence 88 degrees 25 minutes left along the south-eastern side of Albro Lake Road 2061.6 feet to a monument;
Thence 42 degrees 40 minutes right along the southern side of Albro Lake Road 400 feet to a monument;
Thence 19 degrees along the south side of Albro Lake Road 841 feet to a monument;
Thence 26 degrees 27 minutes left along the southeastern side of Albro Lake Road 2700 feet to a monument;
Thence 3 degrees 43 minutes right along the southern side of Albro Lake Road 1328.5 feet to a monument on the eastern line of Wyse Road at the point of intersection with the prolongation easterly of the northern side of the stone wall on the southern side of Albro Lake Road;
Thence 19 degrees 50 minutes right along the northern side of the stone wall on the southern side of Albro Lake Road 877.9 feet to a monument on the eastern side of Windmill Road;
thence 6 degrees 30 minutes left, 1030 feet more or less to ordinary high water mark;
thence in a general southerly direction along the shore of Halifax Harbor, as defined by ordinary high water mark, to the place of beginning, together will all water grants, docks, quays, slips and erections connected with the shores of the town which shall be deemed to be included in the boundaries and form part of the town.
Chapter 60 of the Acts of 1938, “An Act Relating to the Town of Dartmouth”
https://0-nsleg–edeposit-gov-ns-ca.legcat.gov.ns.ca/deposit/Statutes/1938.pdf

The Town of Dartmouth shall continue to be a body corporate under the name “City of Dartmouth” .
The boundaries of the City are as follows:-
Beginning at a point defined by the intersection of the centre line of Wright Brook (at its mouth) with the shoreline of Wright Cove on the north-eastern shore of Bedford Basin;
Thence generally north-easterly along the centre line of Wright Brook to its intersection with the north-western boundary of the Canadian National Railways Right-of-way;
Thence generally north-easterly along the north-western boundary of the said Canadian National Railways Right-of-way to its first intersection with the centre line of McGregor Brook;
Thence generally south-easterly crossing the Canadian National Railways Right-of-way and along the centre line of McGregor Brook to its origin approximately at grid point 52.4 by east 54.7 (Department of Mines and Surveys Map, Bedford Basin, Scale 1 to 25,000) which aforesaid water course flows generally south-easterly into Lake Charles;
Thence generally south-easterly along the centre line of aforesaid Water Course to its mouth on the western shore oof Lake Charles;
Thence easterly along a straight line to the general centre of Lake Charles easterly from the mouth of the aforesaid water course;
Thence northerly along the general centre line of Lake Charles to the northern shore of Lake Charles at its junction with the centre line of the mouth of the northerly water course leading from Lake Charles to Lake William;
Thence generally northerly along the centre line of the aforesaid water course to its intersection with the southern boundary of the Nova Scotia Light and Power Company limited transmission line right-of-way;
Thence easterly along the aforesaid water course to its intersection with the southern boundary of the Nova Scotia Light and Power Company Limited transmission line right-of-way;
Thence easterly along the aforesaid southern boundary of the Nova Scotia Light and Power Company Limited transmission line right-of-way to a point on said southern boundary, which point is at the intersection of this boundary with straight line measured 1,000 feet at right angles from the north-eastern boundary of No. 18 Highway;
Thence generally south-easterly along a line parallel to and distant 1,000 feet easterly from the north-eastern boundary of No. 18 Highway to the centre line of Mitchell Brook;
Thence generally south-easterly along the centre line of said Mitchell Brook to its junction with the shore line of Loon Lake;
Thence south-easterly along the general centre line of Loon Lake to a point northerly from the centre line of the mouth of Cranberry Lake Brook at its mouth on the shore of Loon Lake;
Thence southerly to the centre line of the mouth of said Cranberry Lake Brook at the shore of Loon Lake;
Thence generally south easterly along the centre line of said Cranberry Lake Brook to its junction with the shore line of Cranberry Lake;
Thence south easterly along the general centre line of Cranberry Lake to its southern tip;
Thence south-westerly along a straight line to the northern tip of Settle Lake;
Thence southerly along the general centre line of Settle Lake to its southern shore at tis junction with the centre line of the water course flowing out of the southern tip of Settle Lake;
Thence south-easterly along the centre line of said water course to its intersection with the centre line of the Cole Harbour Road;
Thence south-westerly along a straight line to the north-western tip of Morris Lake;
Thence south-easterly along the general centre line of Morris Lake to a point north easterly from the intersection of the north western boundary of the Department of National Defense property (R.C.N.A.S., H.M.C.S. Shearwater) with the western shore of Morris Lake;
Thence south-westerly along a straight line to the said point of intersection;
Thence south-westerly by the several courses of the aforesaid north-western boundary to the shore of Eastern Passage in Halifax Harbour;
Thence south-westerly across the waters of Eastern Passage of Halifax Harbour to a point 2,000 feet off the general shoreline of the north-eastern shoreline of Halifax Harbour;
Thence north-westerly along a straight line to a point 2,000 feet south-westerly from the most south-western point of lands of the Imperial Oil Refinery property; Thence north-westerly along a straight line to a point on the westerly prolongation of the centre line of Lyle Street 1,300 feet from the intersection of said prolongation with the shoreline of Halifax Harbour;
Thence north-westerly along a straight line to the most northern point of the line marking the headline of Halifax Harbour as laid down on a plan entitled “Plan of the Port of Halifax, Nova Scotia – National Harbours Board, 1931”, said point being on the eastern boundary line of the City of Halifax;
Thence north 60° 44′ west (astronomical bearing) following said eastern boundary line a distance of 6,950 feet to the most northerly angle of the City of Halifax boundary;
Thence northerly along a straight line to a point 1,000 feet due north-west from the most north-western point of Navy Island;
Thence along a straight line in a north-easterly direction to the center of the mouth of the small cove into which Wright Brook empties;
Thence north easterly along the general center line of said cove to the centre line of Wright Brook at its mouth, or to the place of beginning.
Chapter 64 of the Acts of 1961, “The City of Dartmouth Act”
https://0-nsleg–edeposit-gov-ns-ca.legcat.gov.ns.ca/deposit/Statutes/1961.pdf

“The City of Dartmouth shall continue, subject to change in accordance with the provisions thereof to be a body corporate…”
Chapter 67 of the Acts of 1962, “Dartmouth City Charter”
https://0-nsleg–edeposit-gov-ns-ca.legcat.gov.ns.ca/deposit/Statutes/1962-2.pdf

“…all persons of the full age of twenty-one years; whose names appear upon the last revised list of electors; whose names do not appear upon the last revised list of electors but who are Canadian citizens or British subjects and who have continuously resided in the City or in an area annexed to the City since the first day of May immediately preceding the date of election and who continue to reside therein on the date of election and who take the oath or affirmation in Form 14 of the schedule”
Chapter 86 of the Acts of 1966, “An Act to amend Chapter 67 of the Acts of 1962, the Dartmouth City Charter”
https://0-nsleg–edeposit-gov-ns-ca.legcat.gov.ns.ca/deposit/Statutes/1966.pdf

“the City of Dartmouth shall continue… to be a body corporate…”
Chapter 43A of the Acts of 1978, “Dartmouth City Charter”
https://0-nsleg–edeposit-gov-ns-ca.legcat.gov.ns.ca/deposit/Statutes/1978.pdf

And then: by fiat, without a plebiscite, without any measure of support from the body politic as composed of the citizens of any of the municipalities involved:

“On and after April 1, 1996, the inhabitants of the County of Halifax are a body corporate under the name “Halifax Regional Municipality”
“Chapter 3 of the Acts of 1995, An Act to Incorporate the Halifax Regional Municipality”
http://0-nsleg–edeposit-gov-ns-ca.legcat.gov.ns.ca/deposit/Statutes/1995.pdf

Eleven years of robbery and ruin

January 19, 2023February 18, 2021 by Dartmouth

From the Morning Herald

THE CROWN LANDS

The Local Government of Nova Scotia, through its present nominal leader, Hon. P.C. Hill, has dared once more to solicit the confidence of the people of this Province. We say “dared” because we can hardly conceive of a more impudent and unreasonable request. For the thief who has stolen nearly all your property to ask still to retain your confidence; for the servant who has embezzled all your fortune to ask to retain his place; or for the scoundrel who has brought indelible shame upon your family to still expect your esteem; might each be regarded as somewhat presumptuous; but we undertake to show that the claim put forth by the present Local government of Nova Scotia surpasses all combined in effrontery and brazen mendacity. The men who now form that Government, and those who were the predecessors, and whose policy and since they became responsible for, have brought upon the people of this Province both disgrace and ruin, and that in their deepest and most dangerous character.

The electors of Nova Sccotia have only to look at the history of this country for the past eleven years in order to discover the extent of the dishonesty and incapacity of Hon. P.C. Hill, his colleagues and predecessors. It becomes our duty, as it is the duty of every citizen, to scan that history, and in answer to Mr. Hill’s misleading and untruthful apologia present the record of “evil, only evil, and that continually” which is really the history of the corrupt and dying administration which it is his fate to lead.

There is no part of their dishonest record that reveals their unfitness to rule more strikingly than that which relates to the wholesale squandering of the public domain. It is almost beyond belief that any body of men could be found so wanting in patriotism as to willfully, and corruptly, dissipate and destroy one of the principal sources of their country’s revenue, and yet that is precisely what these men have done. In 1867, the amount of Crown Lands which this Province possessed was (vide Assembly Journals, app’x NO. 5) 7,315,212 ACRES. This was certainly a good heritage, being within a few hundred thousand as much Crown Lands as New Brunswick possessed, and owing to its proximity to the sea, much more valuable. Yet strange to say, while New Bruncwick was able, in 1877, (while still retaining by far the major portion of its original domain) to receive a revenue of $76,047.47 from its Crown Lands, our revenue for the same year from that source was only $7,718.38, or only $1200 over the working expenses of the Department! At the same time we retain (vide report of Comr. of Crown Lands for 1877, p. 5) only 2,487,418 acres!! What has become of the balance? What has produced the difference between us and New Brunswick? The Journals of the House of Assembly shew as follows:

No. of acres of ungranted lands in Nova Scotia on 1st. Jan 1867, as per reports Commissioner of Crown Lands, 1867: 7,315,282

No. of acres granted since, as per the journals of the House:
1867: 107,948
1868: 91,844
1869: 64,763
1870: 95,868
1871: 134,705
1872: 136,712
1873: 115,936
1874: 107,337
1875: 46,483
1876: 34,962
1877: 25,758

956,316

6,358,966

Amount of ungranted lands 1st Jan. 1878, as per report of Commissioner of Crown Lands, 1877: 2,487,419

Bal. unaccounted for: 3,871,545

What has become of this three million and a half (allowing for the land granted for railway purposes) of acres
of land. No man has ever risen yet to show, and no man is able to show. All that is known is that several merchants in Halifax who are in the habit of providing the sinews of war in Grit elections, have, during the past ten years become possessed of enormous tracts of territory —and certain remarkable scoundrels who sat in the Local House servilely supporting the Government, have been found to have grants of land for which they never paid, and possessed enormous tracts of territory for which in the nature of things they never could pay. Thus it has been brought about that scores of corrupt scoundrels have grown enormously wealthy; that a weak and corrupt Government has been wonderfully and mysteriously retained in power ; and that a source of revenue which in New Brunswick yields $76,000 per annum, has been in this Province, so dissipated and squandered that it yields comparatively nothing.
The evil effects on the Province of this scandalous and corrupt alienation of nearly the whole marketable Crown Lands of the country, are numerous and alarming. In the first place, a source of revenue which if properly guarded would have yielded this province at least $40,000 per annum forever, has been entirely wasted and destroyed. The people of Nova Scotia, as long as water runs and wind blows, will have $40,000 a year less revenue then they might have had, if they had a wise and honest government. For the luxury of having the Grits in power for the past eleven years, we have in one department lost over three million acres of land, which at forty-four cents an acre would amount to at least $1,200,000, and the proceeds of the 956,000 acres accounted for, wasted in useless and corrupt extravagance.
Another effect of the wholesale alienation of the public lands (the balance on hand being mostly barrens) will be to render it impossible for the young men of this Province, or parties who may wish to make this Province their home, ever to procure farms from the government at the government price. The lands of the Province will, by the maladministration of Mr. Hill and his predecessors, be locked up for generations to come, in the hands of selfish speculators, who may sell or not, as they see fit, and if they sell only at such prices as they chose to demand. What properly belonged to the people of Nova Scotia as a birthright to be enjoyed by them and their children after them, has been thus squandered and destroyed. An injury has thus been inflicted on this Province, which no arithmetic can adequately calculate. And all for what? Simply that a number of ambitious and dishonest politicians might be kept in power, and that the support which they found it necessary to buy might be purchased and paid for! Will the electors of Nova Scotia vote to perpetuate the existence of a Government like this?

THE PUBLIC PRINTING

From 1867 to 1875, Mr. W. B. Vail was Provincial Secretary, and William Annand Premier and Treasurer of this Province- They were placed in their positions by the party now in power; they are still controlling spirits in the policy of the Government; and Mr. Hill and his colleagues are fully responsible for their conduct while holding these offices. During the aforementioned period, Mr. Annand was, with his son, Charles Annand, a proprietor of the “Chronicle” newspaper, and Mr. Vail was, from 1871 until 1878, with Mr. Jones, M. P., a proprietor of the “Citizen.” Mr. Hugh W. Blackadar, the present political Postmaster of Halifax, was also, up to 1875, Queen’s Printer, and a proprietor of the “Recorder” establishment The dealings, therefore, of the “Chronicle,” “Citizen,” and “Recorder” with the Government will be seen to be the transactions of Messrs. Annand, Vail, and Blackadar respectively. The business dealings ot the Premier, the Provincial Secretary, and Queen’s Printer, of a Government with the Government of which they were such important officers, and of which two of them at least were the sworn custodians of its Treasury, would naturally be expected to be particularly straightforward and above reproach. While, previously in our history, leading members of Governments had frequently been accused of allowing others to have highly remunerative dealings with their Governments, up to 1867 -to the credit of this country- no man had ever dared to impeach the personal honesty of any member of any of our Governments, as far as related to their personal dealing with the Government, with which they were connected. Unfortunately for Nova Scotia, this Slate of affairs only lasted until 1867. In that year, the men whose names we have mentioned were intrusted, as we have indicated, with our affairs, and the results were, as we will show, a heavy pecuniary loss to the Province, and an indelible disgrace on our Provincial history. Their advent to power was unpromising in the extreme- It was known that Mr. Annand, while previously in the Government, from 1859 to 1863, had become connected with a notorious swindling concern—”the Nova Scotia Land and Gold Crushing and Amalgamating Company”— the dishonest transactions and collapse of which had completely ruined, in England the credit of Nova Scotia mining stock. Mr. Vail’s well known avarice and inability to distinguish between right and wrong, gave him also a doubtful character. But no person suspected, and very few have even yet, an adequate conception of, the extent to which these men were prepared to cheat and defraud, and did in fact cheat and defraud, the Treasury of this Province. By a sort of tripartite agreement, by which each of these worthies agreed to wink at and conceal the dishonesty of the others, Mr. Annand, Mr. Vail, and Mr. Blackudar, commenced, and for many years prosecuted, a series of transactions, and a system of dealing -in the matter of Public Printing— with the Government (of which two of them were members, and the other Queen’s Printer) that, considering the positions o! the parties, their long continued operations, and the magnitude of the sums which they abstracted from the Treasury, surpasses in criminal dishonesty any “scandal” that was ever unearthed in this or any other country enjoying constitutional Government. It was different from the “Beauport Scandal” in Quebec, our own “Crown Lands Scandal,” or the “Steel Rails,” “Goderich Harbor,” “Neebing Hotel,” and other multitudinous scandals which disgrace the Dominion Government; inasmuch as they only reveal dishonest dealings of the governments with supporters, while in the matter of Public Printing the members of our Government dealt dishonestly with themselves as a Government for the benefit of themselves as printers-swindling themselves, as a Government, of tens of thousands of dollars, which they placed in their own pockets, as printers, regardless of their oaths of office, the interests of the Province, or the honor of the country.
How long this state of things would have been allowed to exist if the Opposition had not interfered, we are not prepared to say. Certain it is that it was in operation when Mr. Hill joined the Government in 1874, and continued in full blast-notwithstanding its exposure in 1875-until the middle of 1876! On the 17th of March, 1875, Mr. Longley moved for, and (notwithstanding the opposition of the members of the Government) succeeded in procuring, a special Committee on pblic printing (Debates 1875, p 18). The committee was comprised of gentlemen of both political parties, embracing, among others, Hon. A. Gayton, the present Commissioner of Mines and Works, and Mr. I.N. Mack, the present Speaker of the House. After nearly three weeks’ investigation, the committee UNINIMOUSLY reported (vide Journals of the House, 1875, App’x Np. 21, p. 7) as follows:

Your committee to whom was referred the investigation of the method and cost of public printing having, as far as seemed practicable, completed their labors, beg leave to report as follows:
We find, from the testimony adduced, that the Government have given, since the year eighteen hundred and sixty seven, to whom they pleased, without tender or contract, the printing for the several Departments and Legislature.
That said Printing has been enjoyed at most wholly by the proprieters of the following papers, viz:

The “Acadian Recorder”
The “Morning Chronicle”
The “Citizen”

THAT NO ACCOUNT OR MEMORANDA WHATEVER HAS BEEN KEPT BY THE SEVERAL DEPARTMENTS WITH ANY OF SAID PROPRIETERS OF SAID NEWSPAPERS OF WORK GIVEN OUT TO THEM.
We find that the Printing for the Provincial Secretary’s and Treasurer’s Departments has been paid for by Special warrants for that purpose, without any account being rendered by the printers until the end of this year, while in all other departments the system has been to DRAW LUMPSUMS from the Treasury and pay it out for miscellaneous purposes including pu8clic printing, as the Departments pleased.

Your committee feel they have been unable, OWING TO THE PERNICIOUS SYSTEM BY WHICH THE PUBLIC PRINTING HAS BEEN PERFORMED, to arrive at the exact amount paid by the Province for that purpose; but that the sum is very large, and has not varied to any great extent since 1867 in the prices charged.
Your committee wish to call attention to the fact that thus far in their researches they find $26,682,50 has been paid out the last year for this service, yet the Financial Returns laid upon the table of the House show only a cost of Six Thousand Four Hundred and Sixteen Dollars ($6,416)

While referring to the INFERIOR QUALITY OF THE WORK done in some cases, we cannot but seriously invite the attention of the Legislature to the ENORMOUS PRICES CHARGED for this service as shown by the tabulated statement hereto annexed marked A, which has been carefully compiled:

(Signed) A LONGLEY,
W.A. PATTERSON,
J.M. MACK,
D. McCURDY,
D.B. WOODWORTH,
A. PUTNAM,
A. GAYTON.

…reign of Aooand, Vail.. & Co.

Only two defenses have been attempted to be made for these scandalous proceedings. The first is that overcharges were made by Messrs. Grant Compton and Croskill before 1867, and the second is that the Government remedied the evil by (in 1876) changing the system. The first allegation, even if true, could be no defense, inasmuch as none of these gentlemen were members of the Government, as Annand and Vail were. But it is singular fact that, after having possession of all our public documents for eleven years, they have never been able to substantiate this statement in any one instance.
The second statement is no defense at all. The thief who had stolen your goods, might as well set up as a defense that he had since changed his habits; or some notorious corruptionist like Herman Cook or Major Walker, that he had since voted for a rigid election law. The important fact in the scandal is that nearly two hundred thousand dollars of Provincial money has been traced to the pockets of the proprietors of the ” Chronicle,” “Citizen” and ‘Recorder,” which they have obtained by fraud, and…

…and no proceedings have ever been taken by the Government to compel them to do so. The very men who are shouting through their newspapers for actions to be brought against parties who are only supposed to have some few dollars of public money in their hands, do themselves stand convicted by the Journals of the House of having nearly two hundred thousand dollars of public money in their pockets, which they obtained by practices more nefarious and dishonest than those of the thief, and which they still continue to retain. Why, we ask, has not Mr. Hill caused “suits in Equity” to be brought against Messrs. Annand, Vail and Blackadar for the recovery of this enormous sum? With a conviction outstanding for over three years against these men, Mr. Hill has not moved a peg, but today avails himself of the services of these very men, and the dishonest shoutings of these very newspapers, in order to secure his retention of power. If the electors of Nova Scotia can respect and put confidence in such a man, or put any attention to the utterances of such newspapers, we will have to confess to a mistaken estimate of their intelligence, their patriotism, or their honesty.

Filmed from a copy of the original publication held by the Nova Scotia Legislative Library. “From the Morning Herald.” Published [S.l. : s.n., 1878?] https://catalog.hathitrust.org/Record/100290208, https://www.canadiana.ca/view/oocihm.64759/1?r=0&s=1

The Development of Public Health in Nova Scotia

March 12, 2024January 27, 2021 by Dartmouth

Throughout the history of Nova Scotia, epidemics and infectious diseases have been recurring challenges, shaping legislation and public health measures. From as early as Champlain’s account of scurvy in 1606 to the smallpox outbreaks in the 18th and 19th centuries, diseases like smallpox, cholera, and typhus have had significant impacts on the region’s population.

Similarities can be drawn between past responses to epidemics and the modern approach to managing COVID-19. Social distancing measures, such as quarantine and isolation, were enforced through legislation dating back to the 18th century. Centralized decision-making, often led by governmental bodies or health officials, played a crucial role in implementing and enforcing these measures. For instance, laws were passed to regulate the entry of infected vessels into ports, mandate quarantine procedures, and appoint health officers to oversee public health initiatives.

Over time, legislation evolved to address specific diseases and public health challenges. Measures included the establishment of quarantine stations, vaccination programs, and the creation of boards of health to oversee public health initiatives at the local and provincial levels.

“Disaster is frequently the parent of legislation. In surveying the long history of Nova Scotia, we find this saying particularly true.”

“The first recorded instance of illness in Nova Scotia is the account of Champlain of an outbreak of scurvy at Port Royal in 1606. His group of settlers had spent the winter of 1605 at St. Croix Island, where, of a group of seventy-nine, forty-four died of scurvy. In Port Royal in the following year twelve of forty-five died.”

“Of all the epidemics, that of smallpox carried with it the greatest destruction and terror. In 1694 an epidemic was present among the [Mi’kmaq] of Acadia, but we have no knowledge of the number dying as a result. We may be sure it was large, however…”

“There was again an outbreak in Acadia in 1709 where there is evidence to suggest that the disease was of the hemorrhagic type. It was present in Louisburg in 1749. In October of the same year, a few months after the founding of Halifax, it broke out in this settlement. It was particularly destructive in type and during the autumn and winter months about one thousand persons died.”

“In 1801 we find it again in Nova Scotia and there is definite evidence that it was present the previous year. The total number of deaths in 1800 was one hundred and eighty-two, of which one hundred and thirty-eight contracted the disease in the ordinary manner and fourty-four by direct inoculation. In the epidemic of 1801, there were over 8,500 cases in and about Halifax of which accounts are scanty.

The early records indicate that a large number of persons were immunized by inoculation. Vaccination with cowpox was first used in Nova Scotia in the early spring of 1802 by Dr. Joseph Norman Bond of Yarmouth, Nova Scotia.”

“A terrible epidemic, that was in all probability typhus, prevented a successful French invasion in the summer of 1746. A fleet of seventy sailing vessels, having on board 3,150 disciplined troops under the command of the Duc D’Anville, was sent from France to join a force of 1,700 French troops in Nova Scotia. The expedition was to first take Annapolis Royal and then Boston, proceeding thereafter to the West Indies. The fleet arrived in Halifax Harbor, or as it was then known, Chebucto Harbor, ninety days after leaving France. During the voyage, 1,270 men had died and the remainder were ill. The Canadian force had, in the meantime, grown tired of waiting and had retraced its steps to Quebec. After landing the troops an additional number, probably about 1,200, died. The [Mi’kmaq] who approached the camp on the shore of Bedford Basin contracted the disease and in the months following, it is estimated that at least one third of the whole [Mi’kmaq] tribe in the province died.”

“On September 7, 1827, the brig “Fame” arrived in Halifax with 130 persons on board ill with typhus. Smallpox was prevalent in the city at the same time. There was a great loss of life from the two diseases. A large number of deaths were amongst the poor. Some 800 persons of the 11,000 inhabitants died. From Halifax the disease spread to other parts of the province. The first mention of cholera in Nova Scotia is in 1834. It continued for two or three months, particularly in Halifax and about twenty persons died daily.”

“In 1854 a severe epidemic of cholera broke out in Saint John, New Brunswick. It fortunately did not reach Halifax, but its proximity brought such anxiety to the minds of the legislators of that day that as a direct result a City Hospital was built. This afterwards became in turn the City and Provincial Hospital, and the Victoria General Hospital.”

“A ship arrived at Halifax with cholera on board in 1866. Dr. Slater of Halifax, one of those who went on board to care for the victims, died as a result of the disease. It does not appear that an outbreak followed. In 1871 the steamship “Franklyn” came to Halifax with cholera on board. The disease was carried ashore to Chezzetcook, on the coast east of Halifax, where two deaths occurred. So far as is known this was the extent of its spread.”

“Since 1749 various outbreaks of the infectious fevers, particularly scarlet fever and diphtheria, have occurred throughout the province. Diphtheria was particularly fatal amongst children. As these diseases were almost endemic, the public grew used to them and they did not strike the same terror into the populace as those brought by ships. It was the old story of an evil that became tolerated and as a result, public records contain little reference to the ordinary infectious diseases.”

“As previously mentioned, legislation, often temporary, was enacted from time to time following the appearance of epidemic diseases. While there is little doubt that the medical profession from time to time played a part, a great deal Of credit must be given the official bodies of Government for their efforts to meet the recurring dangers.

A perusal of the Uniacke Edition of the Statutes (1758 to 1804) of Nova Scotia, reveals that in the year 1761 an Act was passed which provided that vessels entering the port of Halifax with an infected person or infected persons on board, must anchor at least two miles from town, having an ensign with the Union down at her mast head; no persons were to land and the master was to give notice to the Governor and conform to his orders. Before infected persons were landed, the master was required to give security to pay attending charges; masters violating this Act were to forfeit 100 pounds, to be recovered in a court of record. In other towns one or more of the nearest justices were charged with the responsibility of preventing persons landing from or going on board infected vessels and of transmitting intelligence to the Governor for instructions.

In 1775 authority was given to two justices and the overseers of the poor to make provision for the care of persons coming from infected places and of local persons infected. If such persons were unable to pay the incidental expenses, the town of residence was made liable; if strangers, the charge was to be recovered from the Provincial Treasury.

Provision was made for “inoculating” such persons as desired it against smallpox in houses 160 rods from any dwelling. During the period of resulting illness they were not allowed to go farther than 80 rods from the inoculation houses and flags were to be flown on the premises in order that others might avoid the places.

In 1779 reference is made to the neighboring States of America having been, for several years, visited by yellow fever or “Putrid Fever” or other “Infectious Distempers” and as a consequence, the desirability of requiring persons coming from infected places to “perform” quarantine in such manner as may be ordered by the Governor, Lieutenant Governor or Commander in Chief for the time being and “for punishing offenders in a more expeditious manner than can be done by the ordinary course of law”. The Governor, Lieutenant Governor or Commander in Chief was given authority and was obliged to appoint during pleasure, health officers in all counties and districts of the province ; such officers, duly sworn, were to be paid out of the provincial treasury a reasonable sum for services rendered upon presentation of the accounts to the General Assembly. The 1799 legislation was quite drastic and gave wide powers to the Governor, Lieutenant Governor or Commander in Chief and health officers, to compel quarantine, to punish offenders, to use force if necessary, and to burn or purify goods, wearing apparel, beds, etc. It was provided that “two justices, with the overseers of the poor, where authorized by Governor’s proclamation and after consulting skillful persons, might make provision for treating persons, storing and airing goods on vessels, for removing persons and goods to houses, tents or lazarets appointed for the purpose”. “Skillful persons” as defined in the Act, meant “one or more physicians, surgeons, apothecaries or other skillful persons living in or near the place.” Persons refusing to conform were liable to imprisonment for 6 months or a fine of 50 pounds. “Persons concealing from health officers or emerging letters or goods from a vessel, shall be guilty of a felony, without benefit of clergy”. “Governor’s orders respecting quarantine to be published by proclamation and read the first Sunday in every month in places of public worship.”

In 1809 legislation was enacted which obliged persons within the “town” of Halifax, to keep gutters and streets before their houses, buildings or lots, clear of dirt, filth and nuisances of all kinds. A fine of 20 shillings was imposed on anyone permitting such nuisances and the expenses incurred in removing them.

On the 14th day of April, 1832, two important pieces of public health legislation were placed upon the Statute books of the province. Both appear to demonstrate how apprehensive the authorities of that time were respecting the spread of communicable diseases and particularly their desire to prevent the entry of these from without. By their introduction all previous legislation on the same subject was repealed. One was termed “An Act to prevent the spreading of contagious diseases and for the performance of quarantine” and the other “An Act more effectually to provide against the introduction of infectious or contagious diseases and the spreading thereof in the province”.

The first Act provided for quarantine at definite anchorage points of all vessels coming from ports declared to be infected by the Governor-in-Council. Plague, smallpox, yellow fever, typhus and cholera morbus were mentioned. Power was given the chief officers of the crown to make orders dealing with any health emergency which might arise. Masters of infected vessels were required to report their state and to hoist signals when meeting other vessels, or when within two leagues of land; the day signal—”a large yellow flag of six breadths of bunting at the main top mast head”, and the night large signal lantern, with a light therein at the same mast head”. Penalties up to 200 pounds could be imposed for disobedience or refractory behavior. Provision was made for appointing health officers, superintendents of quarantine and assistants at the several ports, by the Governor.

In the second Act reference is made to a highly dangerous disease called “Cholera” or “Spasmodia” or “Indian Cholera”, which had prevailed on the continent of Europe and in Great Britain. Power was given the Governor to appoint, when expedient, at the several ports of the province, not only health officers, but boards of health for “carrying out and enforcing regulations made by the Governor-in-Council and generally to preserve the public health.” Sweeping powers were given the chief officers of the Crown to make regulations in emergencies.

All ships entering port were required to anchor at quarantine and remain there until boarded by a health officer and given a permit, which permit had to be shown the customs officer. Fees for the health officer’s services in this particular were collected from the masters by the customs officers and paid to the health officers; such fees were fixed by the Governor-in-Council.

This Act also gave the Governor power to appoint “Health Wardens” in Halifax and Justices of the Peace authority to appoint such wardens in any county or district of the province, the wardens to act gratuitously and to be sworn to the due performance of their duties. Wardens were required to examine in day time, as often as they deemed necessary, all houses, buildings, lots, stores, wharves, yards, enclosures and other places and all vessels and boats lying at any place in the province and to ascertain and report to the Governor, or such other persons as might be appointed to receive such reports, “the state and condition of all such buildings, places and vessels in regard to any substances, articles or animals there or therein being, or any trade or business, matter or thing there or therein used, followed or transacted, whereby or by means whereof any nuisance might be occasioned or the public health might be endangered or affected”. The wardens were given power to order the removal of all nuisances and to order any premises “lime washed”, disinfected or “purified”. Penalties of 5 to 100 pounds could be imposed for any infringement of the act.

The two Acts just referred to were to be in force for one year. From this time on and for many years both Acts were, at each session of the legislature. continued for another year.

Chapter 71 of the Acts of 1833 made provision for the destroying. by any constable, of dogs by whose bite the disease “Canine Madness” might be occasioned. Two Justices of the Peace were empowered to make and put into execution such rules and regulations as they thought proper to prevent dogs or other animals, by whose bite the disease “Canine Madness” might be caused, going at large and to destroy them if necessary.

In the year 1850 authority was vested in general sessions of the Peace, or special sessions, consisting of not less than seven magistrates on requisition of the Board of Health, or whenever they considered such measures necessary to prevent the spread of smallpox, to order a general vaccination of persons in a county or district, or any portion thereof ; persons unable to pay to be vaccinated at the expense of the county or district concerned.

On April 8, 1852, a statute was passed empowering the Governor-in-Council to select a site and erect a building for a lunatic asylum.

On the 28th day of March, 1861, legislative enactment was given for the incorporation of the Medical Society of Nova Scotia. In the act of incorporation, the following were named : Rufus S, Black, James C. Hume, Edward Jennings, Daniel McNeil Parker and William B. Webster.

In the year 1862 legal provision was made for the appointment of a medical officer for the City of Halifax by the Board of Health of the City. This medical officer was not to interfere with the health officer for the port of Halifax, appointed by the Provincial Government. The city medical officer was to be under the control and subject to the orders of the Board of Health. He was given power to remove from dwellings in the city, or from boats at wharves within the city, persons having infectious diseases. If the sick persons should not, in his opinion be taken out, then the other occupants could, by him, be removed. He was also authorized to call in consultants; such consultants to be paid out of city funds. In the following year (1863) it was enacted that hereafter the mayor and aldermen of the City of Halifax should constitute the Board of Health of the city and any Acts previously passed and inconsistent with this ruling were thereby repealed.

Three years later (1866) provision was made for the establishment of a quarantine station at the port of Halifax. That Act empowered the Governor to expend $30,000.00 for the purchase of a site and the erection of a hospital, the City of Halifax having agreed to bear one-third of the expenses of the site and the building. Persons within the city having infectious diseases were to be eligible for treatment in and subject to removal to this station. All vessels over 100 tons burden entering the port were made liable to a fee of one cent per ton towards the expenses of maintaining such quarantine station and hospital. Mail steamers were required to pay this fee once a year. Vessels sent into quarantine with infectious diseases were held responsible for all expenses on account of crew or passengers aboard suffering from such diseases.

On the 7th day of May, 1866, an Act to provide against the introduction of diseases amongst horses and cattle was passed. The Governor-in-Council was given the power to make regulations respecting the introduction of such diseases in horses, cattle, sheep and swine and for the destruction of the animals should these diseases be introduced.

In the same year the mayor and all aldermen in the City of Halifax were made “Health Wardens” with power to expend money in sums found necessary to cleanse, purify and keep clean all sewers, drains, yards and places, or to carry into effect all sanitary orders of the Board of Health or health wardens in the interests of the public health.

Legislative authority in the year 1875 more clearly defined the duties of the city medical officer and the office of surgeon to the city prison was abolished. The following duties were imposed upon the city medical officer:

1. “To perform services heretofore performed by the City Medical Offcer and prison surgeon”.
2. “Act as medical advisor to the Board of Health, the City Council and the Health Inspectors,”
3. ‘Visit City Policemen and other city offcials absent from duty on the plea of ill health and report to proper authority”.
4. “To attend policemen, firemen or other city officials gratuitously, also persons brought to the police station”.
5. “Vaccinate free of charge such persons as the Board of Health may determine”.
6. ‘Visit and report upon cases of contagious disease brought to his notice”.
7. “Generally to perform all such duties as may be reasonably required or prescribed by the Board of Health or City Council”.

In 1832 a Central Board of Health was established for the province. The President was the Honourable Henry H. Cogswell. Vice-Presidents were Doctors Allan and Johnston. Members were the Attorney-General; the Solicitor- General James Foreman, Esq., Doctors Shoreland, Hume, Sterling and Gregor and William Cogswell, Esq. The last named was the Secretary of the Board. This Central Board was given power to make and enforce regulations, to prevent spread of disease and to regulate the observance of quarantine. At the same time, local Boards were established in various places throughout the province, each having the same authority as the Central Board and each required to report its proceedings to the Central authority. At this time, Boards were named at Digby, Arichat, Lunenburg, Liverpool, Yarmouth, Windsor and Annapolis. There was some indication also that County Boards for Pictou, Hants, Kings, Cumberland and Antigonish were established.

A quarantine hospital was opened in Halifax and Dr. James C. Hume was appointed Health Officer with a “salary of twenty pounds a month while employed, with reasonable allowances for expenses.”

In 1851 all previous legislation relating to public health was consolidated. The Central Board apparently ceased to exist about this time and enforcements of quarantine and the administration of public health were vested in the Governor-in-Council, who had authority to “make quarantine orders applicable to vessels, goods, persons and things being within the province or expected hither from abroad ; to make sanitary orders to cover any special conditions that might arise; to appoint persons at the several ports of the province to act as health officers therefor; to establish at any place a Board of Health for carrying such sanitary orders into effect ; and to prescribe the duties of health officers and Boards of Health”. Health inspectors were to be appointed at general or special court sessions and in Halifax and other parts of the province health wardens were appointed.

The legislation of 1851 remained almost without change until 1873. At this time, some change was made with reference to executive officials and the requirements added that a yellow flag should be displayed on the premises where small-pox or “malignant cholera” prevailed. After 1884 the appointment of health wardens was made by the municipal councils instead of by the courts. In 1893 a Central Board of Health was established as a central organization.”

CAMPBELL, P. S., and H. L. SCAMMELL. “The Development of Public Health in Nova Scotia.” Canadian Public Health Journal, vol. 30, no. 5, 1939, pp. 226–238. JSTOR, www.jstor.org/stable/41977931. Accessed 27 Jan. 2021. https://www.jstor.org/stable/41977931?seq=1

Ambrose F. Church, Map-Maker

January 4, 2023January 13, 2021 by Dartmouth

“As a man, as well as a map-maker, Ambrose F. Church was an interesting figure. He retained his United States citizenship even though he resided in Nova Scotia for many years. It is alleged that he was a deserter from the United States army and that that was one reason why he came to Nova Scotia and never returned to the United States to live. He was not only a respected resident of Nova Scotia but a great family man…”

“When Ambrose Finson Church moved from Maine to Nova Scotia in 1865, he had a wife and one daughter, Alice Isabel. Probably after living in Halifax for a time, they took up residence at Ochterloney Street in Dartmouth by 1868. There they lived until they moved to Bedford, Halifax County, Nova Scotia. The family was still living in Dartmouth at the time of the census of 1871. Ambrose Church was then 34 years of age and his wife was 30, and they were listed as Methodists. Their daughter Alice Isabel was seven years old; Nina Elizabeth and Harold Ambrose, who had been born in Nova Scotia, were, in order, three years and less than a year old. Subsequently, Ambrose Finson and Nancy Anne (Saunders) Church had two additional daughters, Charlotte Zelda and May Evelyn”

“His maps, particularly his County Maps of Nova Scotia, are his memorial.”

Fergusson, Charles Bruce “Ambrose F. Church, Map-Maker” Dalhousie Review, Volume 49, Number 4, 1970 https://dalspace.library.dal.ca/bitstream/handle/10222/64082/dalrev_vol49_iss4_pp505_516.pdf?sequence=1&isAllowed=y

Public Utility Regulation in Nova Scotia

November 20, 2022January 13, 2021 by Dartmouth

“The Telephone Utility is one of the oldest and largest public utilities, and perhaps the one which comes into direct contact with the most people in their workaday lives. The telephone was invented in 1876 by Alexander Graham Bell, a man well and favourably known in Nova Scotia, as during the last years of his life he made his home in Cape Breton, just outside of Baddeck. The first telephone in Halifax was installed in 1877, and the first actual commercial use of the service was at the Caledonia Mine, Cape Breton, also in the same year. At this time the receiver and transmitter were not separate, but the same instrument was used for both, being changed back and forth from ear to mouth. In 1878 the first long distance call in Nova Scotia was placed from Halifax to Truro. In 1879 the first switchboard to connect the different lines in Halifax became necessary. It was located in an office on Hollis Street. No directory was issued until 1880, and the first one carried the names of 77 subscribers. A submarine cable was laid across Halifax Harbour in 1881 to provide direct Halifax connections for Dartmouth users.”

“The Town of Dartmouth first had continuous 24 hour electric service when the cable was laid crossing the Halifax Harbour in June, 1916. Rates at this time were 12 1/2 c. net per kilowatt hour for general lighting service. In 1917 these rates were reduced by 20% or 25% where a contract was signed for five years. In 1927 the Board’s standard form of rate was adopted in Dartmouth, and for residence service was 3c. per hundred square feet of floor area, 7c. per kilowatt hour for the first block, 2 1/2 c. per kilowatt hour for all excess (same as in Halifax). The next rate change was in December 26th, 1929, when the cost of current for the first block was reduced from 7c. to 5c. per kilowatt hour and all excess remained as in Halifax, at 2 1/2 c. It is the duty of the Board to see that all reasonable extensions in the public utility service are made, and this has been done in many cases in the last few years by agreement with the Public utility, and sometimes after public hearing.”

Roper, J.S. “Public Utility Regulation in Nova Scotia” Dalhousie Review, Volume 17, Number 1, 1937 https://dalspace.library.dal.ca/bitstream/handle/10222/62332/dalrev_vol17_iss1_pp67_79.pdf?sequence=1&isAllowed=y

The Constitutional Distribution of Taxation Powers in Canada

January 3, 2023December 30, 2020 by Dartmouth

Nelson v. Dartmouth, perhaps part of the genesis for the Trailer Park Boys.

“After the Act of Union in 1840, British opinion mounted for Canada to become responsible for her own defence. At the same time, American pressure on the western territories became severe. The Northern Pacific Railway, chartered by Americans in 1864, had the object of providing transcontinental service. American settlement was pushing ever northward. Without the protection of British troops, American expansionist claims to the west seemed impossible to resist.

The scheme of Confederation was principally designed to overcome these problems. It was thought that a larger, strongly centralized political unit would be capable of (a) re-establishing the public credit, (b) undertaking the considerable public expenditure on transport which was the condition precedent to development, and (c) offering a sufficient defence posture to resist American pressure.”

Cultural and sectional rivalries proved insuperable obstacles to the legislative union foreseen by Sir John A. Macdonald. A federal state, characterized by strong cultural and regional guarantees, was the compromise. But there was to be no question of economic decentralization. By the British North America Act, 1867 the Dominion government was granted legislative power over:

91(3) The raising of Money by any Mode or System of Taxation.

By section 122 of the Act customs and excise, which accounted for the vast bulk of public revenue immediately prior to Confederation, were brought within the central government’s exclusive competence. Section 118 of the Act, since repealed, 4 made provision for payment of subsidies by the central government to the provinces, with the intent that they be “in full settlement of all future demands on Canada”. In the early years of Confederation such subsidies accounted for some fifty per cent of all provincial revenues.”

“Three mechanisms were tried to ameliorate this unsatisfactory constitutional arrangement. The first was dissolution of the Confederation. This was not conspicuously successful. Nova Scotia was the only government to attempt it. Within two years after union, under the leadership of Joseph Howe, the Imperial Parliament was petitioned to release the province from Confederation. The second alternative involved an increase in the subsidies paid under the B.N.A. Act. Despite some early federal willingness to alter the subsidies stated by the B.N.A. Act to be in full settlement of all claims on the central government, several events intervened to make the Dominion government rely on the full settlement clause and refuse further increase. A global depression, beginning in 1873, placed a severe crimp in the central government’s fiscal capacities. The railroads entailed vast expense, creating further federal monetary restraint. From 1873 until 1906 the subsidy payments stood unaltered. Lastly, resort by the provinces to their own powers of taxation was explored. Some means had to be developed to make these significant. The means found was a judicial stretching of the concept of “direct taxation” to encompass modes of taxation which would have been quite unimaginable to the Fathers of Confederation.”

“In Nelson v. Dartmouth a municipal by-law imposed a license fee of $15 per month on operators of mobile home home situated in the mobile home park. The by-law was attacked as ultra vires in that it overstepped the limits of section 92(9). Counsel argued that the legislation was enacted for the colourable purpose of imposing a personal property tax upon the owners of mobile homes situated in the parks in question. Mr. Justice MacDonald, in considering this submission, held as follows:

In my view, a genuine licensing-tax provision imposed for the primary purpose of revenue or for revenue purposes incidental to valid provincial regulation of such an operation as that of mobile home parks-as is the case here-is not invalidated by the circumstance that the tax may be indirect in its general incidence (See Laskin, Canadian Constitutional Law, 2nd ed., pp. 754-5; and Reference re Farm Products Marketing Act…).

There is no requirement in this case that the indirect taxation by way of license fee be limited to the expenses of the regulatory scheme, nor is there any indication that the fees were so limited. The only limitation referred to by the court is that the license fees must be in relation to the regulation of mobile home parks and not in relation to the raising of revenue by indirect taxation.”

Magnet, Joseph Eliot “The Constitutional Distribution of Taxation Powers in Canada”, Ottawa Law Review, 1978 https://rdo-olr.org/wp-content/uploads/2018/01/olr_10.1_magnet.pdf

Grace Methodist Church

December 29, 2022December 29, 2020 by Dartmouth

From The Story of Dartmouth, by John P. Martin:

This is Grace Methodist Church after the extension of 1876 had provided seating accommodation for about 150 additional persons, and the two towered steeples were erected. The 1853 entrance was in the middle of the front of the edifice, and was reached by a long imposing flight of steps from the sidewalk.

An Act to amend the Act entitled “An Act to Incorporate the town of Dartmouth”, 1877 c40

December 14, 2022August 26, 2020 by Dartmouth

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

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

December 14, 2022August 25, 2020 by Dartmouth

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

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

December 14, 2022August 25, 2020 by Dartmouth

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

Page 4 of 6

« Prev 1 2 3 4 5 6 Next »