To amend the Acts relating to the Town of Dartmouth (a consolidation), 1886 c86

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

Section:

1. Incorporation100. May break open buildings
2. Government of town101. Power, &c., of Firewards.
3. Who shall vote102. Fire and protection companies
4. Election, when held103. Council to appoint engineers
5. Warden, when to retire104. Duties of firemen
6. Elections, how conducted105. Powers of officers, &c.
7. Notice to be posted106. Fire constables
8. List of electors107. Chimney sweepers
9. Proposition of candidates108. Municipal Court
10. If only one candidate109. Recorder and stipendary magistrate
11. Opening and closing of poll110. Town clerk, clerk of court
12. Presiding officer refusing to serve, &c.111. Jurisdiction of court
13. Ballot boxes provided112. Suits brought for rates
14. Who shall be present at poll113. Writs, by whom signed, &c.
15. Ballot boxes to be shewn114. Exclusive jurisdiction
16. Voting to be by ballot115. Process of court
17. Mode of procedure116. Particulars of action.
18. Electors’ names to be written117. Action, how commenced
19. Ballot, how to be rejected118. Concurrent writs may issue
20. Ballot, when not counted119. Actions against several defendants
21. Return of ballot papers120. Court, when to sit
22. Paper and pencils121. Matters of defence
23. Presiding officer may vote, &c.122. Judgements are allowed
24. Result of election reported123. Judgement, how signed
25. Not to interfere with voter124. Money paid into court
26. Fraudulent voting125. Money to be deducted
27. Promises of money, &c.126. Judgement to bear interest
28. Disqualification of Warden, &c.127. Matter of form not to vacate
29. Who capable of election &c.128. Executions, how levied
30. Disqualification129. Where defendant conceaded
31. Disqualification130. Execution as in schedule
32. Exemptions131. Defendant let in, &c.
33. Penalty for reusing to serve132. List of causes for trial
34. Office, how vacated133. Continuance, how granted
35. Vacancy, how filled134. Court may be adjourned
36. Appointment of presiding councillor135. Causes, how tried
37. Election to vacancy, how conducted136. Parties may appear in person
38. Warden, &c., to be sworn137. Executors and Administrators
39. Duties of Warden138. Where court has no jurisdiction
40. Duties of Councillors139. Deposition, how taken
41. Committees to report140. Capias, how issued
42. Quarterly meetings of Council.141. Arrest of defendant
43. Written notice of meetings.142. Discharge of defendant
44. Who to preside.143. Subsequent proceedings
45. Town a separate poor district.144. Money paid into court
46. Powers of council.145. Party succeeding to have costs
47. Appointment of officers146. Power of amendment
48. Appointment of Auditors.147. Power to issue subpoena
49. Eligibility of auditor.148. Oath, by whom administered
50. Accounts of Clerk and Treasurer149. Affidavit, before whom sworn
51. Auditor’s abstract to be printed.150. Recorder to make rules
52. Appeals from assessment.151. Appeal, how granted
53. Court to hear appeals152. Sureties may render
54. If no quorum present153. Papers, to whom sent
55. Court may issue subpoenas154. Proceedings in appeals.
56. Witnesses to be sworn155. Witness in custody.
57. Town clerk to post list156. Duty of constable.
58. List of appeals to be prepeared157. Policemen, &c., to serve process.
59. Court to finally determine matter158. Executions, when returnable.
60. Powers of court159. Forfeiture for neglect
61. Decision to be final, except160. Indigent debtor’s relief
62. Order to be proserved in court161. Costs in court
63. Assessment roll to be vaild162. Penalty for greater fees.
64. Court may decide without evidence163. Appointment of special constables
65. Court may proceed ex parte164. Under whose control
66. Witnessess entitled to fee165. To be sworn in
67. Rehearing in certain cases166. For what period
68. Streets, &c., absolutely vested in town.167. Disorder at public meeting
69. Council empowered to improve streets &c168. Penalty for refusing to Act
70. Owener of adjoining land, &c.169. Extra constables
71. Survey and plan to be made170. Shall be sworn in
72. Owner of land to be notified &c.171. May be compensated
73. Arbitrators to be freeholders172. Shall assist policemen
74. Where owner not known173. Shall serve process, &c.
75. Money may be paid into court174. Extra powers in certain cases
76. Compensation to arbitrators175. Penalty ofr non-attedance
77. Construction of sewers176. May arrest in certain cases
78. Erection of fences177. Police office established
79. Width of new street178. Stipendary Magistrate’s duty
80. Street expenditure179. Clerk of police office
81. Superintendant of Streets180. Police office record book.
82. Street service of town181. Stipendary magistrate
83. Intending builders182. Fines, &c., to form part of revenue
84. Incumberances on streets183. Not necessary to state information, &c.
85. Lime not to be prepared, &c.184. Summary convictions
86. Snow to be cleared from sidewalks185. Levy by distress and sale
87. Passage not to be obstructed186. Stipendiary may discharge defendant
88. Sidewalks obstructed187. Conviction not quashed, &c.
89. Streets not to be broken up188. Fees in police office
90. Passengers not obstructed189. Town to have common seal
91. Balls, &c., not to be thrown190. Deeds, how authenticated
92. Coasting on streets &c.191. Fee for affixing seal
93. Disorderly rising, driving, &c.192. Council may make by-laws, &c.
94. Lots to be fenced in193. Inconsistent law repealed
95. Moving BuildingsSchedules
96. Drains and sewers
97. Notice before action
98. Appointment of Firewards
99. Fireward’s duty

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, 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. town.

Government of town. 2. The town shall be governed by a warden and a body of councillors, consisting of two councillors for each ward, and no person shall be elected or eligible to serve as warden or councillor who shall not have been resident in said town for the period of five years next previous to election, or is not at the time of his election a British subject of the full age of twenty-one years, nor shall any person be elected or eligible to serve as councillor unless he is at the time of his election a resident of the ward for which he is so elected.

Who shall vote. 3. All ratepayers of the town whether male or female resident or non-resident who shall have been such for at least one year next previous to the election, of the age of twenty-one years and upwards, and who shall have been assessed in the assessment roll, made up next before the election on property within the limits of the town, shall be entitled and qualified to vote at any such election for warden or councillor, and such vote may be given in any ward in which such elector is rated on property either real or personal, provided that no elector shall vote in more than one ward on the same day.

Election, when held. 4. An election shall be held on the first Tuesday of February in each and every year, at which a warden shall be elected, who shall hold office for one year, and as many councillors as shall be necessary to fill vacancies created by the retirement, resignation, or death of members of the couneil.

Warden, when to retire, &c. 5. The warden elected at the annual election in May, 1886, shall hold office until the first Tuesday of February, 1887, and shall act until his successor is declared; and all councillors in the town who would but for this Act hold office for one year only after such election, shall hold office until the first Tuesday of February, 1887, and shall act until their successors are declared; and all councillors so elected who but for the passing of this Act would have held office for two years after such election, shall hold office until the first Tuesday of February in the year 1888, and shall act until their successors are declared.

Elections, how conducted. 6. All elections shall be conducted by a presiding officer and poll clerk for each ward, who shall be appointed by the town council.

Notice to be posted. 7. Notice of the time and place of holding the election shall be posted up by the town clerk in three of the most public places in each ward of the town for ten days next previous to the holding of such election..

List of electors. 8. The town clerk shall, not later than five days previous to the holding of every election, prepare and supply to each presiding officer a list alphabetically arranged of the persons qualified to vote at such election in the ward for which such officer is appointed, and every person whose name appears upon such list shall be entitled and qualified to vole notwithstanding any error in the preparation of such list, or the placing of such name thereupon, provided that nothing herein contained shall prevent any qualified voter whose name is omitted from said list from voting at such election, and in such case the production by such voter of a certificate from the town clerk, showing that he has been assessed on the assessment roll made up next before the election on property within the limits of the town, and taking the oath in schedule A of this Act contained, shall conclusively determine the qualification of such elector to vote at such election.

Proposition of candidates. 9. Every candidate for the office of warden shall be proposed in writing by two ratepayers, and every candidate”for the office of councillor shall be proposed in writing by two ratepayers resident in the ward for which such councillor is to serve, and such nomination paper shall be handed in to the town clerk at least five legal days previous to the holding of the election, and the town clerk shall before opening of the poll post up the names of candidates to be voted for in each ward in one conspicuous place outside and one inside of the building in which such election shall be held.

If only one candidate. 10. In case only one candidate shall be nominated for it only one warden, or in case only so many candidates for the office of councillor in any ward shall be nominated as there are councillors to be elected for such ward, such candidate or candidates shall be declared duly elected by the town clerk without a poll being held, and such declaration shall be publicly made at the hour of nine o’clock in the forenoon of the day on which the election is to be held.

Opening and closing of poll. 11. When a poll is to be taken it shall be opened at nine o’clock in the forenoon and shall be closed at four o’clock in the afternoon, but the presiding officer may close the poll one hour after a proclamation made by him to that effect if no vote is polled within said hour, and provided further that notice has been posted to that effect inside and outside of the building in a conspicuous place immediately upon the proclamation being made. serve, &c.

Presiding officer refusing to serve, &c. 12. In the event of any presiding officer or poll clerkneglecting or refusing to serve as such, the warden shall appoint a substitute, and such presiding officer or poll clerk neglecting or refusing as aforesaid shall be liable to a penalty of not less than twenty nor more than forty dollars.

Ballot boxes provided. 13. It shall be the duty of the town council to provide Ballot boxes and furnish to the presiding officer in each ward two ballot provided, one for the reception of ballots for candidates for the office of warden, and one for the reception of ballots for candidates for the office of councillor.

Who to be present at poll. 14. During the holding of the poll no person shall be entitled or permitted to be present in the polling place other than the officers appointed to hold the election, the candidates to be voted for in such polling place or their agents duly authorized in writing, to be present not exceeding one agent for each candidate, and any elector for the time being actually engaged in voting, provided that it shall be lawful for the presiding officer to have present or to summons to his aid any constable or police officer for the purpose of maintaining order or preserving the public peace, and the presiding officer shall have power to order the removal of any person from the polling place who shall not be entitled to be present, or who being so entitled shall obstruct the voting, and such order shall be executed by any constable or police officer or other person authorized by the presiding officer, without the same being in writing or by warrant.

Ballot boxes to be shewn. 15. The presiding officer immediately before the opening of the poll shall show the ballot box to the candidates or their agents, or to any such persons as may be present within the polling place, so that they may see that the same is empty, and shall immediately thereupon lock the ballot. box, place it in view for the reception of ballot papers, and keep it locked until the close of the poll.

Voting to be by ballot. 16. The votes shall be given by ballot. The ballot shall be a paper ticket which shall contain in writing or printing, or partly written and partly printed, the name of the candidate or candidates for whom the elector intends to vote, designating on the back the office which the person named in the ballot is intended to fill, which designation shall be so made as to be apparent to the presiding officer when the paper is folded. Each voter shall deliver his ballot folded up to the presiding officer, who shall ascertain that the same is single without reading the name of the candidate thereon written, and shall deposit the ballots for warden and those for councillor in separate boxes without delay.

Mode of procedure. 17. Immediately upon an elector presenting himself to vote the presiding officer shall search for the name of such elector upon the list, and if the same is found shall at once receive the vote of the elector. If the name is not found the presiding officer shall so inform the elector, and such elector shall be permitted to leave the polling place if necessary for the purpose of procuring the required certificate, if any, and to return for the purpose of voting, but in no other case shall an elector who leaves the polling place after presenting himself to vote be permitted to return.

Elector’s names to be written. 18. The name of each elector voting at such election shall be written in a poll list to be kept at such election by the poll clerk, and immediately after the close of the poll all votes given in each ward shall be sorted and counted by the presiding officer, who shall publicly declare the candidate or candidates for the office of councillor having the highest number of votes to be duly elected, and shall also publicly declare the number of votes given for each and every of the candidates for the office of warden and councillor voted for in said ward, which shall be recorded by the poll clerk.

Ballot, how to be rejected. 19. No ballot shall be rejected simply because the same Ballot, how to has been inadvertently placed in the wrong box, hat the be rejected. ballot so misplaced shall be counted in the group to which it properly belongs; and if at any stage of the counting it shall appear that the number of ballots deposited exceeds the number of persons who have voted, the ballots shall be returned to the box and well mingled, and the presiding officer shall draw out publicly as many of them without looking at them as shall equal the excess, and shall at once destroy them and proceed with the counting as herein before directed.

Ballot, when not counted. 20. Every ballot having more names than there are Ballot, when not candidates to be elected, and every ballot having upon it’ any mark appearing to be designedly put thereupon for the purpose of enabling the same to be identified as the ballot of a particular voter, shall be placed in a separate envelope, and no such ballot shall be counted by the presiding officer.

Return of ballot papers. 21. The ballot papers found in the boxes by the Return of ballot presiding officers shall be returned to the town clerk, and papers. shall be by him preserved for the period of ten days after the election, and from thence until the termination of any legal proceedings instituted to test the validity of the election, and no election shall be challenged or questioned in any court of justice unless proceedings to test the same are instituted within ten days after the declaration. cila.

Paper and pencils. 22. The presiding officer shall at the expense of the Paper and pen. town provide paper and pencils for the use of voters, and have the same at the place where the election is held. nay vote, &c.

Presiding officer may vote, &c. 23. The presiding officer and poll clerk may vote by Presiding offer proxy in any ward in which they are qualified to vote,” other than the ward in which they are appointed to conduct the election, such proxy to be in writing under the hand of such presiding officer or poll clerk, authorizing the person named therein to vote in the name of such officer, bat such writing shall not specify for whom the proxy is to vote. The presiding officer shall not vote for a candidate for the office of councillor for the ward in which he is presiding, provided, however, that in the event of there being only one councillor to be elected and of an equality between two or more candidates having the highest number of votes, the presiding officer shall give a vote for one of such candidates, and in the event of there being two councillors to be elected and of an equality between more than two candidates having the highest number of votes, or of an equality between two or more candidates having the next to the highest number of votes, the presiding officer shall give a vote for two of the candidates having such highest number of votes, or for ore of the candidates having next to the highest number of votes, as the case may be, and in either case he shall declare the result of the election as produced by his casting vote.

Result of election reported. 24. The presiding officer shall at once report to the town clerk the result of the election for councillors, and shall likewise forthwith report to the town clerk the number of votes given for each candidate for the office of warden, and the town clerk in the presence of the council at such time as the council shall appoint, shall declare the candidate having the greatest number of votes to be warden of the town for the ensuing year. In the event of there being an equality of votes between the two or more candidates having the highest number of votes for warden, the warden, unless himself one of such candidates, shall by his casting vote decide which of such candidates shall be warden. In the event of the warden being one of such candidates, the town council shall by vote decide which of such candidates shall be warden, and in the event of a tie the same shall be determined by the recorder. The proceedings mentioned in this section shall be taken by the out-going warden and council, who shall meet at the town hall one hour after the close of the poll on the day of the election, and every out-going councillor shall, as respects such proceedings, exercise and perform all the duties of a councillor of the town notwithstanding his successor may have been declared. Within twenty-four hours after they are declared elected all councillors and the warden shall be notified of their election, and the first meeting of a new council after the annual election shall be held at the time fixed by the outgoing council.

Not to interfere with voters. 25. No presiding officer, poll clerk, candidate or agent of a candidate present within the room where an election is being held shall give to any elector a ballot to vote with, or offer or give him any advice as to the person for whom he should vote, or otherwise interfere with the voter in the exercise of his franchise, and any person violating the provisions of this section shall forfeit for every such offence a sum not exceeding twenty dollars, and upon non-payment thereof shall be imprisoned in the county jail with hard labor, for a period not exceeding thirty days, provided that the presiding officer may prepare a ballot, and fill up the same for any voter who shall make oath that he is unable to fill up his ballot paper without assistance, which oath shall be administered by the presiding officer in the form in schedule B. Fraudulent

Fraudulent voting. 26. Any person knowingly and willfully voting at any voting election held under this Act not being entitled to vote, or 30 voting in a ward in which he is not entitled to vote, any person fraudulently tendering more than one ballot when voting, any person who shall vote in more than one ward on one and the same day, any person fraudulently offering or tendering a forged certificate to any presiding officer at any such election, or fraudulently offering to such presiding officer a certificate other than his own for the purpose of being permitted to vote at such election, and any person offering or attempting to vote under the assumed name of any other elector, shall for each such offence forfeit a sum not exceeding fifty dollars, and upon non-payment thereof shall be imprisoned in the county jai! with hard labor for period not exceeding six months, provided that no such penalty or imprisonment nor the conviction for any such offence shall operate as a bar to any other penalty, prosecution or criminal proceeding whatever to which such person so offending would otherwise, and but for this Act, be liable.

Promises of money, &c. 27. Any person who shall advance or pay, or caused to be advanced or paid, or give, or lend, or agree to give, or offer, or promise any money or valuable consideration to or for any voter, or to or for any person on behalf of any voter in order to induce any voter to vote or to refrain from voting, or who shall corruptly do any such acts as aforesaid on account of such voter having voted or having refrained from voting at any election of warden or councillor, shall for every such offence forfeit a sum not less than ten nor more than fifty dollars, and in default of payment shall be imprisoned in the county jail with hard labor for a period not less than twenty nor more than sixty days.

Disqualification of warden, &c. 28. Any warden or councilor who shall be decreed or Disqualification of warden, &c. adjudicated a bankrupt or insolvent, under any Act of the Parliament of Canada relating to insolvency, or who shall compound with his creditors by a general deed of composition, or shall make a general assignment of his property for the benefit of his creditors, or shall be taken in execution for debt, or shall be convicted of felony or misdemeanor, shall become disqualified and his office shall become vacant, and the council shall by resolution declare such office to be vacant.

Who capable of election &c. 29. No person shall be elected a warden or counciller who has been decreed or adjudicated a bankrupt or insolvent by virtue of proceedings taken under any Aet of the Parliament of Canada relating to insolvency, unless before such election he shall have procured a discharge from his creditors in the court having cognizanee of insolvent matters or causes, nor shall any person be capable of being elected a warden or councillor who has at any time been convicted of felony.

Disqualification. 30. None of the following persons shall be elected a warden or couneillor, or be appointed to office by the council, nor shall any person continue to act as warden or Councillor or hold any office under the council after becoming one of the persons disqualified as follows; and should any person so disqualified be nominated as warden or councillor such nomination shall be void:

a. Persons in holy orders, or ministers, or preachers of any religious seet or denomination.

b. Any person directly or indirectly by himself or his partner having a contract or share or interest in a contract or employment with, by or on behalf of the council, provided that no person shall be disqualified nor be deemed to have any share or interest in such contract or employment by reason only of his having any share or interest in any lease, sale or purchase of land or any agreement for the same, nor by reason only of any agreement for the loan of money or any security for the payment of money, nor shall anything herein contained operate to disqualify or incapacitate the recorder or stipendiary magistrate from being employed as solicitor or attorney for the town.

Disqualification. 31. No person shall be elected a warden or councillor who holds any office under the town council to which a salary payable out of the funds of the town is affixed, and if any such person be nominated for the office of warden. or councillor his nomination shall be void unless before the expiration of the time for making such nomination he resigns such office so held by him. Any warden or councillor who shall accept any office under any town council shall thereby vacate his seat as such warden or councillor, and his place shall be supplied in the same manner as if he had resigned his seat.

Exemptions. 32. The following persons shall be exempt from being elected as warden or councillor or serving in any office under the town council unless with their own consent: a. Justices of the Supreme and County Courts, and Judges of Prebate. b. Senators and members of the House of Commons, members of the Executive or Legislative Councils, members of the Legislative Assembly, school-masters actualy engaged in teaching, and persons more than sixty years of age.

Penalty for reusing to serve. 33. Any person eligible to office and not exempt from service who shall be elected as warden or councillor and shall refuse to serve in such office shall forfeit the sum of forty dollars to the use of the town, which sum may be collected as a private debt in the municipal court at the suit of the town as plaintiff, provided that no person who has served as warden or counciller for one term, not less than three years previously to the election, shall be liable to such penalty, and further that any councillor may resign his office at any time after the period of one year from the time of his election, by giving written notice to that effect to the warden, whereupon the office shall be declared vacant by the council.

Office, how vacated. 34. Any warden or counciller who shall without leave of the council absent himself from meetings of the council for six successive months, shall thereby vacate his office as such warden or councillor, and the said office shall be declared vacant by the council, and such warden or councillor shall forfeit the sum of forty dollars to the use of the town, to be collected as a private debt in the municipal court of the town. filled.

Vacancy, how filled. 35. In the event of a vacancy occurring in the office of Vacancy, how warden or councillor, the council shall forthwith by resolution appoint a time, not less than fifteen days after the passing of such resolution, for holding an election to supply the vacancy, provided however, that should such vacancy occur in the office of councillor within three months previous to the end of the year the council may in their discretion leave the vacancy unsupplied until the next annual election.

Appointment of presiding councillor. 36. During the temporary absence of the warden from Appointment of the town, the council may from time to time in their discretion, appoint one of their number to discharge the duties of warden, who shall be called the presiding councillor, and who shall have in the absence of the warden all the powers and authority, and shall exercise all the functions. and discharge all the duties of the office of warden.

Election to vacancy, how conducted. 37. The election to fill any vacancy in the office of warden or couneillor shall be conducted as to nominations, ballot papers, officers, and in every other respect in the same manner as the regular annual elections. Warden, &c.,.to be sworn.

Warden, &c., to be sworn. 38. The warden and councillors shall, before entering upon the duties of their office, respectively be sworn by taking and subscribing the oath of allegiance and oath of office, which oath shall be administered to the warden elect. by a judge of the Supreme or County Court, the stipendiary magistrate of the town for the time being, or any two justices of the peace. The councillors shall be sworn by the warden, the stipendiary magistrate of the town or any two justices of the peace, and a certificate of such oaths having been taken shall be entered by the town clerk in the minute book of proceedings of the town council. The oath of office shall be in the form of schedule C to this Act.

Duties of Warden. 39. The warden shall be the head of the council and the chief executive officer of the town, and it shall be his duty to be vigilant and active at all times in causing the law for the government of the town to be duly executed and put in force, to inspect the conduct all subordinate officers in the government thereof, and as far as may be in his power to cause all negligence, carelessness and positive violation of duty and violations of the by-laws and ordinances of the town to be duly prosecuted and punished, and to communicate from time to time to the council all such information, and recommend all such measures as may tend to the improvement of the finances, the police, health, security, cleanliness, comfort and appearance of the town.

Duties of Councillors. 40. It shall be the duty of the council to assist the warden in the discharge of his duties, and to appoint one or more of its members to be a committee for the following purposes respectively, and such other committees as may by the council be deemed necessary for the due administration of the affairs of the town Committee on Public Accounts, Finances and Tenders. “Schools. “Public property, roads and streets. “Police and licenses. “Poor. 4 ” “Fire, pumps and wells. report.

Committees to report. 41. The various committees shall report at each regular Committees to quarterly meeting of the council any special circumstances in their opinion requiring to be reported in respect to the services under their charge, and shall further report to the council in reference to any subject coming within their supervision. whenever required by vote of the council so to do, and special committees may be appointed for any particular purpose, matter or thing by vote of the council, which committees shall report to the council in writing upon the matters so committed to them. The reports of all committees when unanimous, shall be signed by the chairman, other- wise by such members of the committee as may concur in the report, and the minority or any dissenting member of a committee may present a separate report in writing.

Quarterly meetings of Council. 42. There shall be held every year four quarterly Quarterly meetings of Council meetings of council on the first Tuesday of March, June, September and December, and special meetings may be called by the warden as often as he may deem the same to be necessary, and whenever requested to do so by three members of the council in writing, the warden shall call a meeting of the council within three days thereafter, and in the event of his refusal or neglect to do so, the three members so requesting a meeting to be called may appoint a time and place for holding such meeting and notify the other members of the council thereof, and the meeting so called shall have the same powers and authority as if the same had been summoned by the warden as requested. of meetings.

Written notice of meetings.. 43. Written notice shall be given by the town clerk to Written notice every member of the council of all meetings, regular or’ special, one day previous to such meetings, provided that emergency meetings may be called by the warden at shorter notice when necessary, but no business shall be transacted. at such emergency meetings other than such as is indicated the notice calling such meetings.

Who to preside. 44. The warden or presiding councillor shall preside at Who to preside. all meetings of the council, and in their absence the coun- cil shall elect a chairman from their number who shall preside, and four members shall constitute a quorum at all meetings of the town council.

Town a separate poor district. 45. The town shall be a separate poor district, and shall Town a separate be liable to pay for the support of all the poor who have poor district. gained or may gain a settlement in the town. cil.

Powers of council. 46. The council shall within the town have all the Powers of Coun- powers and exercise all the functions and discharge all the duties conferred upon or appertaining to boards of health by chapter 26 of the Revised Statutes, or by any Act of the provincial legislature hereafter to be passed, and also all powers and duties conferred upon or appertaining to the county council under chapter 27 of the Revised Statutes, “Of nuisances.”

Appointment of officers. 47. The council shall at their first meeting after the annual election, and at such other time and times as they shall deem expedient, appoint such and so many of the following officers as they shall deem necessary, who shall hold office during pleasure, and may be dismissed at any time by resolution of the council, that to say: a town. clerk and treasurer health wardens and health inspectors, superintendent of streets, commons and public property, firewards, fire constables, firemen, policemen, constables, clerks of markets, measurers and weighers, surveyors and inspectors of lumber and wood, revisors of electoral lists within the town, fence viewers and all such officers as shall or may under the provisions of this Act be necessary for the carrying out of the purposes of this Act, and any officer so appointed who shall without reasonable cause therefor refuse to enter upon the duties of his office, or shall be guilty of any neglect of duty or violation of duty therein, shall forfeit a sum not exceeding ten dollars, or in default of payment shall he imprisoned for a term not exceeding twenty days, and a failure to attend and be sworn into office at the time named by the council by resolution or by-law, after service of notice so to do, shall be deemed a refusal to enter upon the duties of his office. The municipal financial year shall end on the thirty-first day of December, and all accounts of moneys received and disbursed by the town shall then be made up by the town clerk and submitted to the auditors not later than one week after the end of the year.

Appointment of Auditors. 48. The council shall also annually appoint two auditors on or before the thirtieth day of December, who shall examine and report upon all accounts affecting the town or relating to any matter under its control or within its jurisdiction for the year in which they are appointed, and shall prepare an abstract of the receipts, expenditures and liabilities of the town, and also a detailed statement of such particulars in such form as the council shall direct, and shall report in duplicate on all accounts audited by them, and shall file such reports in the office of the town clerk at least two weeks before the date fixed for the annual election, and thereafter one copy shall be open to the inspection of any ratepayer during office hours, and he may by himself or his agent at his own expense take a copy thereof or extract therefrom.

Eligibility of auditor. 49. No person who at any time during the year in Eligibility ar auditor. which such auditors are appointed is or has been a mem- ber of the council or a contractor with or officer appointed by the council (other than an auditor) shall be eligible to the appointment as such auditor. Clerk and

Accounts of Clerk and Treasurer. 50. The council shall upon the report of the auditors Accounts of finally pass and allow the accounts of the town clerk and rearrer treasurer if the same are found to be correct to the satis- faction of the council. stract to be

Auditor’s abstract to be printed. 51. The town clerk shall print and publish the audi-Auditors’ ab- tors’ abstract, and shall publish the detailed statement in printed. such form as the council shall direct. assessment.

Appeals from assessment. 52. All appeals from assessment shall be tried by a Appeals from court to be known as the Assessment Appeal Court, which” shall be composed of three members of the council, to be appointed by the council, and the recorder of the town. The recorder, when present, shall preside at all meetings of the court; in his absence the senior councillor present shall preside. Any three members of the court shall constitute a quorum to hear cases, and the decision of a majority of the members of the court present shall be final. The town clerk shall be the clerk of said court.

Court to hear appeals. 53. The court shall meet to hear appeals as soon after Court to hear the expiration of the time allowed for appealing against the “ppeals. assessment as practicable, at such time and place as the council shall appoint, and may adjourn from time to time at pleasure. present.

If no quorum present. 54. If at the time appointed for the meeting of the I no quorum court, a quorum shall not be present, the chairman or any member of the court present may adjourn the court until another time; and in case no member of the court is present, it shall stand adjourned until the following day at the same place and hour. subpoenas.

Court may issue subpoenas. 55. The court shall have power to issue subpoenas for Court may issue the attendance of witnesses before the court, such subpoenas” shall be in such form as the recorder shall establish, and may be signed by any member of the court; and any person served with any such subpoena, and having been paid or tendered his fees who shall disobey the subpoena, shall be liable to a penalty of not less than five nor more than forty dollars; and on non-payment thereof to be imprisoned in the county jail for a period not exceeding thirty days with hard labor.

Witnesses to be sworn. 56. All witnesses examined in said court shall be sworn by the chairman of the court in the usual way.

Town clerk to post list. 57. The town clerk shall, at least ten days before the meeting of the court to hear appeals, post up in his office and in one conspicuous place in each ward of the town, a list of all complaints against the assessment, giving in each case the name of the complainant, and the person, firm, company, association or corporation complained against, with a concise description of the subject matter of the complaint, and the time when the court will meet to hear such complaints; and shall serve a notice of the time and place of meeting upon each of the complainants, and each person, firm, company, association or corporation, complained against, and on the assessors, and where it is proposed to transfer the assessment from a person, firm, company, association or corporation wrongly assessed in said roll to the proper person, firm, company, association or corporation, by leaving the same or causing it to be left at the place of business of the said person, firm, company, association or corporation, or the place of residence of the said person, or of any member, agent, manager or secretary of said company, association or corporation, and in the case of non-residents, by mailing said notice in the post office in the town, addressed to the said person, firm, company, association or corporation at his or its usual or last place or residence or business, or where their address is not known, by leaving the same on the property assessed.

List of appeals to be prepared. 58. The clerk shall prepare a list of the appeals, to be prepared. entering them thereon in the order they are received by him, and the court shall proceed with the appeals in the order, as nearly as may be in which they are so entered, but the court may, if they see fit, grant an adjournment of the hearing of any appeal to another time. In case of the adjournment of the hearing of an appeal, it shall not be necessary for the clerk to serve notice of said adjournment on any of the parties to said appeal, but the chairman of the court shall publicly announce the day the court will hear said appeal. Court to finally

Court to finally determine matter. 59. The court after hearing the complainant and such determine mas witnesses as he may produce, and the subject matter of the complaint and the party complained against, and such witnesses as he shall produce, and the assessors, if necessary, shall finally determine the matter.

Powers of court. 60. The court shall have power to confirm, reduce or Powers of Court. increase the valuation of any property in the assessment roll, to add to said roll the name of any person left off said roll, and to strike off said roll the name of any person wrong- fully entered thereon. The court shall also have power and it shall be their duty when a property shall have been assessed in the name of a person who is not legally liable to be assessed therefor, to transfer the assessment to the proper person, provided that if such person has not been previously notified of such proposed transfer, he shall be forthwith notified, and the council at its next meeting thereafter shall hear such person and his witnesses, if any, and may, if good cause be shown, reverse or modify the decision of the assessment appeal court, and when any property has been assessed more than once in any general assessment, the court shall strike out such as shall be improper or illegal, and correct any clerical errors made by the assessors in the assessment roll.

Decision to be final, except. 61. The decision of the court shall in all cases be final, except as in the last preceding section, and in section 67, except hereinafter provided.

Order to be preserved in court 62. The chairman of the assessment appeal court shall have such and like powers and authority to preserve order in said court during the holding thereof, and by the like ways and means, as are exercised and used in like cases by the Supreme Court of Nova Scotia. to be valid.

Assessment roll to be valid. 63. The assessment roll as finally passed by the appeal court and certified by the clerk as so passed, shall be valid, and shall bind all parties assessed in said roll, notwithstanding any defect or error therein, or any irregularity on the part of the assessors, or in respect to the making up of said roll, or in the proceedings of said court, or any error or irregularity in the notices required to be given, or the neglect or omission to deliver or transmit such notices.

Court may decide without evidence. 64. It shall not be necessary for the court to hear any Court may decide without person or witness upon oath unless the court deems it evidence. necessary or expedient, but the court may decide the matter in question without hearing evidence.

Court may proceed ex parte. 65. If either party fails to appear the court may Court may proceed ex parte, and if neither party appears the court shall confirm the assessment.

Witnesses entitled to fee. 66. All witnesses subpoenaed to attend the court of appeal shall be entitled to be paid their fees at the rate of fifty cents per day, and five cents for each mile of actual travel, said fees to be paid by the party at whose instance the witness is subpoenaed.

Re-hearing in certain cases. 67. In case any person shall show by oath or affidavit to the satisfaction of the council that he has been prevented by absence, illness or other sufficient cause from appealing from the assessment or duly prosecuting his appeal, the council may grant such person a hearing and reverse or modify the decision of the court of appeal or the assessment, as the case may be, and amend the assessment roll accordingly, or remit or reduce the tax as the justice of the case may require.

STREETS.

68. All the public streets, roads, highways, lanes, sidewalks, bridges, squares and thoroughfares, all public sewers, drains and ditches, and all public wells in the town, are hereby vested absolutely in the town, and the council shall have full control over the same.

69. The council shall have power to maintain, improve, streets, repair, widen, alter, divert, straighten, stop up, raise, sink, light and water the streets, roads lanes, bridges, and public squares in the town, and shall have full power and authority to lay out, open, make and build all such new streets, roads, lanes, bridges, and public squares as the council shall deem necessary or expedient, and for the purposes aforesaid are authorized and empowered when necessary or expedient to enter into and take any land required and to remove any buildings, projections, walls, fences or other things, or any portion thereof. Owner of adjoining land, &c.

70. No proprietor, owner, occupant, or other person interested in any way, or having any claim, right, or property in any land adjacent to or bordering upon any street or lane within the town, shall be entitled to any compensation from or be entitled or at liberty to maintain. any action, prosecution or other proceeding, either at law or in equity, against the town, or any officer or servant thereof, or any person acting under the authority of the town or its officers, by reason of any operations upon said. street having deprived such land of lateral support; but the town and its superintendent of streets and street committee, and all persons acting under their authority, shall and may cut away and remove from the street, up to the extreme limit thereof, so much of the earth, stones, and other material, as may be in their judgment necessary for the proper grading of the street, and may from time to time, and as often as may be necessary, remove from said street all earth, stones, or debris of any kind that may fall upon such street from the adjacent land. And the town or its officers may from time to time, and as often as may be necessary, build up and raise the surface of the streets, or any street within the town, to the extreme limit of such street or streets, provided that in all cases where the street is so raised a suitable retaining wall shall be built wholly upon the street, if the same shall be necessary, to prevent debris from the street from falling upon the adjacent land. to be made.

71. When it is proposed by the town council to lay Survey and plan out or open a new street, road, lane or public square, or to widen, divert or straighten any street, road or lane, the council shall cause a survey and plan of said street, road, lane or square to be made, and the said plan when completed shall be filed in the town clerk’s office. to be notified,

72. Before taking any laud for a new street, road, lane Owner of land or square, or for widening, diverting, straightening or . improving any street, road or lane or for any public square, or removing any building, projection, wall, fence or other thing, the council shall notify the owner of said land, building, projection, wall, fence or other thing, that the same is required by the town for the said street, road, lane or square, or that it is necessary to remove said building, projection, wall, fence or other thing, and in case they cannot agree upon a sum to be paid to the owner for the said land or for the damage caused by the removal of said building, projection, wall or fence, the town council shall appoint one arbitrator and shall notify the owner thereof to appoint one arbitrator, and in case of his neglect or refusal so to do for ten days after service of the said notice, the warden shall appoint an arbitrator to act on behalf of the said owner, and the two arbitrators so appointed shall choose a third arbitrator. In case the said arbitrators cannot agree upon the third arbitrator he shall be appointed by the Chief Justice of the Supreme Court on the application of either party. The three arbitrators so appointed and chosen, or any two of them, having been first duly sworn to the faithful discharge of their duties before the warden, stipendiary magistrate or a councillor, shall give notice to the person whose land it is proposed to take or whose building, projection, wall, fence or other thing it is proposed to remove, or to his agent, of the time and place when and where they will meet to appraise the said damages, and at the time and place so appointed they shall proceed to appraise the damages and award the sum to be paid to the owner of said land, building, projection, wall, fence or other thing, and shall make a return thereof to the town clerk within thirty days after their appointment. The award of the said arbitrators, or any two of them, shall be final and conclusive, and binding on all parties interested, provided the town council decide to proceed with the said work, and in case the town council decide to proceed with said work the town shall within six months thereafter, pay to the owner thereof the sum awarded to him, and immediately upon the payment or tender of the sum so awarded, or upon payment thereof to the prothonotary of the Supreme Court as hereinafter mentioned, the town shall be and be deemed the owner in fee simple of the said lands, and may then proceed to lay out and open said street, or to remove said building, projection, wall, fence or other thing. If the expenses and dainages appear to the council excessive when compared with the utility of the work, the council may suspend or abandon the undertaking at any time.

73. The arbitrators shall be freeholders, but shall not be interested in the lands proposed to be taken or in the building, projection, wall, fence or other thing to be removed, nor in the lands lying along the street, road, lane or square proposed to be opened or repaired, but they may be residents of the town.

74. In case the owner of the land which it is proposed to take, or of the building, projection, wall, fence or other thing which it is proposed to remove, is not known, or in case there is a dispute as to the ownership of said land, the notices hereby required to be given to the owner may be given by advertisement in a newspaper published in the town, or if no newspaper is published in the town, then in such newspaper as the council shall order, and the arbitrator to be appointed by such owner shall be appointed by the Chief Justice.

75. If there are any claims or incumbrances on the paid into Court lands taken, or if the owner of the land is unknown, or if the person to whom compensation is awarded to be paid cannot be found, or if there is any dispute as to the ownership of said land, Building, projection, wall, fence or other thing taken or removed, or as to the person to whom compensation should be paid for the taking or removal thereof, or if for any other reason the council deems it advisable, the council may pay the sum awarded by the arbitrators into the office of the prothonotary of the Supreme Court of the county in which the town is situate, and deliver to the prothonotary a copy of the award, and the person or persons entitled thereto shall, on establishing his or their right thereto in the said court, be entitled to have the same paid over to him or them on order of the said court. arbitrators.

76. The arbitrators shall receive such compensation to Compensation to be paid by the town as the council shall determine. sewers.

77. Whenever the council shall deem it to be necessary Construction of to the public health to construct a sewer upon or across the land of any private person, or corporation, or number of persons, they shall have power after resolution to that effect and notice to the person or persons whose property is to be affected, to enter upon such property from time to time and as often as may be necessary, and to do all such acts as may be necessary for the construction and repair of a suitable sewer or drain across such lands, which shall be at least four feet below the surface, and shall be covered with earth and stones, and if the owner of such land shall claim that the same has been injured in consequence of such operations he shall be entitled to such compensation as may be agreed upon to be paid by the town, and in case the parties cannot agree, the sum to be paid as such compensation shall be determined by arbitrators chosen as in section 72 defined, and all the provisions of the five next preceding sections shall be complied with so far as the same are applicable. fences.

78. When a new street, road or lane is laid out, Erection of opened or dedicated, the proprietors of the land abutting” on the said street shall build, erect and maintain fences along the line of said street opposite their respective lots, and the expense of erecting said fence shall be taken into consideration by the appraisers in estimating the damages to be paid to the owner of the land taken. street.

79. The council shall not lay out or open, nor accept Width of the dedication to the town of, any street, road or lane of less width than sixty feet; nor shall any monies or revenues of the town be paid out or expended on any street, road or lane of less width than sixty feet, nor unless the line thereof has been approved by the council except on the streets, roads and lanes dedicated to or owned by the town previous to the passing of this Act, or on which at the date of the incorporation of the town statute labor had been performed, or public monies expended; and no person shall lay out or open for public use or dedicate to the town any street, road or lane over and on his own property of less width than sixty feet, nor until the line thereof has been approved by the council; and the council are authorized and empowered in their discretion to wholly or partially close up and obstruct any street, road or lane of less width than sixty feet which may hereafter be laid out, opened or dedicated, or which has been heretofore laid out, opened or dedicated contrary to law. In case of extending old streets they may be laid out and extended at a width of not less than fifty feet.

80. The streets of the town and the expenditure thereon shall be placed under the control of a committee of councillors, one from each ward, to be annually chosen by the council, to be called the committee of streets, and the superintendent of streets shall be under the direction and control of the committee.

81. The council may appoint a superintendent of streets, to hold office until his successor is appointed or until removed by vote of the council. The superintendent shall be sworn before the warden, stipendiary magistrate, or a councillor, to the faithful discharge of his duty. He shall give security in such sum as the council shall order, and shall receive such compensation as the council shall by resolution appoint. The duties of the superintendent shall be specially set out in the by-laws of the town.

82. All sums of money required for the streets service of the town shall be taken from and borne by the general revenues of the town.

83. Persons intending to build upon or close to a line of a street, shall, before digging the foundation or commencing the building, apply to the council to cause the line of the street to be defined and laid out, and shall defray the expenses of a survey, if necessary to hold one, and shall dig the foundation and erect the building within the line; and if any person shall erect a building on the line of street without making such application and having the line so ascertained, or shall encroach on the street, he shall forfeit and pay a sum of not less than forty dollars nor more than eighty dollars, and on non-payment thereof shall be imprisoned in the county jail for a period of not less than ten nor more than ninety days, and shall also remove the encroachment, or otherwise the council or their committee of streets may Cause the same to be removed at the expense of the said person, or take the steps allowed by law in case of nuisances. on streets.

84. No person shall pile, deposit, or place on any road, Incumbrances street, lane or other public place of the town, any manure,” compost, earth, wood, luinber, or other substance or material whatsoever, under a penalty of not exceeding ten dollars for each offence, and in default of payment thereof to imprisonment in the county jail for a period not exceeding thirty days; and every twenty-four hours that such manure, compost, earth, wood, lumber or other substance or material shall remain piled, deposited or placed on any road, street, lane or other public place of the town, shall be held to be and shall be a separate offence. prepared, &c.

85. No person shall slack, riddle, mix with sand or Lime not to be otherwise prepare lime in any of the roads, streets or lanes or other public place of the town, unless by written per- mission from the superintendent or committee of streets, under a penalty not exceeding ten dollars for each offence, and in default of payment thereof shall be imprisoned in the county jail for a period not exceeding thirty days; provided that any person or persons building or repairing a bonse or other building in the town may be permitted to use and occupy ten feet in width from the line of the street toward the centre, to extend the length of the house ur building so being erected or repaired, for the purpose of piling lumber, stone, brick, sand or lime, and for mixing lime and sand, or doing such other work as may be necessary for the erection or repair of such house or building so being erected or repaired; such portion of the street so used and occupied to be enclosed by a substantial fence erected by the person so building or repairing, as aforesaid, such parties also to provide a suitable path or sidewalk. at least two and one-half feet in width around such fence, and keep the same lighted. Persons so building or repairing may be permitted to use said portion of the street as long as to the superintendent or committee of streets shall seem necessary. cleared from

86. Within such portions of the town as the council Snow to be shall by by-law ordain, the occupiers, owners, or persons sidewalk. in charge of houses, stores, lots and pieces of land, shall be bound after every fall of snow to clear away the snow from the sidewalks and gutters of their respective premises within four hours after it shall have ceased falling (always 18 provided that the same be during daylight), under a penalty of not less than one or more than five dollars on such per- son who neglects or omits so to do, unless excused by the superintendent of streets; and when the time of snow ceasing to fall shall be at night, such occupiers, owners or persons in charge shall be bound under the like penalty to remove the snow as aforesaid within four hours after the beginning of daylight on the following day. Any person convicted of the said offence who shall not pay the fine forth- with, may be imprisoned in the jail or lockup for a period not exceeding thirty days with hard labor.

87. No person shall encumber or obstruct a free passage through any street, road, lane, alley, thoroughfare, sidewalk, or path of the town, by exposing for sale, unpacking or suffering to reinain upon any street, road, lane, alley, or thoroughfare, or upon the sidewalk or footpath thereof, any lumber, iron, coal, trunk, bale, crate, package, or other article or thing for more than two hours, or leave any such articles at night on the street, road, lane, thoroughfare or path, or sidewalk, after six o’clock, under a penalty of not less than one dollar, nor more than ten dollars, or imprison- ment in the jail or lockup for not more than thirty days; and the continuance of any such obstruction for one hour after notice given by the warden or a councillor, or any policeman or constable, to remove the same, shall be Joemed a new offence, and for every hour it is continued he shall be liable to an additional fine.

88. Any person who shall designedly and unnecessarily drive any carriage, sleigh, sled, cart, or bicycle, or ride on a side-path, or obstruct any sidewalk, or leave standing thereon any carriage, cart, sleigh, or sled, or horse, or roll or place any heavy articles on the same to the injury or obstruction of the sidewalk, shall for every offence forfeit not less than one dollar nor more than ten dollars, and on non-payment thereof shall be imprisoned in the jail or lock up for a period not exceeding thirty days.

89. No person shail break up the soil of any street without first making application to the committee of streets in writing, specifying the purpose for which such breaking up is required, and obtaining their permission therefor in writing; and the committee may impose such terms upon the person applying as the security of passengers shall appear to them to require; any person acting contrary to this section or to terms imposed by the committee, shall for every offence forfeit a sum not exceeding twenty dollars, and on non-payment thereof shall be imprisoned in the jail or lockup for a period not exceeding sixty days. obstructed.

90. Persons shall not stand in a group or near to each Passengers not other on any sidewalk, crossing or bridge so as to obstruct a free passage for foot passengers, under a penalty of not more than ten dollars on each person so offending, and on non-payment thereof to imprisonment in the jail or lockup for a period not exceeding thirty days, and any person or persons refusing or neglecting after the request of the warden, any councillor, policeman, constable, or watchman, to remove and not obstruct such sidewalk, crossing or bridge, shall be deemed to have committed the above offences, and shall be liable to the penalty. be thrown.

91. No person shall play ball, or throw a ball, stone or Balls, co., not to snow-ball, or other missile likely to injure any person or property, in or over any street or public place, nor throw any substance against any dwelling house, or private or public building, or into any private grounds, with the intention to injure the same or disturb the inmates thereof, nor write or cause to be written or portrayed any obscene word or figure, or make any obscene characters upon any fence or building or any public place, under a penalty not exceeding twenty dollars, or in default of payment thereof, of imprisonment in the jail or lockup for a period not exceeding thirty days. streets, &c.

92. No person shall course or coast upon a sled in any Counting on street, road, lane or thoroughfare, or over any sidewalk of the town. Every person offending against the provisions of this section shall forfeit and pay a sum not exceeding ten dollars for each offence, and on non-payment thereof shall be imprisoned in the jail or lockup for a period not exceeding thirty days; and all sleds or sleighs found in use coasting down the hill, or about to be so used, shall be seized by any policeman, constable, or watchman, and the same shall be and become forfeited to the town.

93. No person shall ride or drive any horse, team or vehicle at full speed or in a furious, reckless, violent, or dis-orderly manner, or at a greater rate of speed than seven miles per hour, or shall engage in any acing of horses in any public street or highway, or in any public place in the town, under a penalty on conviction thereof of not more than thirty dollars, or in default of payment, imprisonment for a term not exceeding thirty days in the county jail. Any person found violating this section may on view be forthwith arrested by any policeman, or constable, or other town officer, and lodged in the lockup or jail until brought before the stipendiary magistrate.

94. The owner or occupier of every lot abutting on any street, lane, road, or other highway within the town, shall fence in the same within ten 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 street committee. Every such fence shall be board, picket, or stone fence, or such other material as may be approved of by the street committee, and shall be sufficient to protect the street from all nuisance or inconvenience. Any person violating the provisions of this section shall forfeit and pay a penalty not exceeding fifty dollars for each offence, and in default of payment the offender shall be imprisoned for a period not to exceed three months in the county jail, and the owner and occupier shall both be deemed to be guilty of violation of such provision, and shall be liable to such penalty and imprisonment, provided notice has been given as aforesaid, and such fence has not been erected or maintained as herein directed, and whenever it would in the opinion of the street committee be dangerous to leave such property unfenced for the period of ten days, as herein provided, and the street committee may cause the said fence to he erected or repaired, and charge the expense of so doing to the owner or occupier of said lot, and the same may be collected from said person in an action at the suit of the town with costs.

95. No person shall move buildings upon or over a public street, without permission first obtained from the Council and payment of such sum for the privilege as the council shall determine, and any person offending against the provisions of this section, shall be liable to a penalty of not more than twenty dollars, and in default of payment, imprisonment for a period not longer than thirty days.

96. The town council shall have power and authority to lay out, excavate, dig, make, build, maintain, repair and improve all such drains, sewers and watercourses as the council shall deem necessary or expedient, and to make by-laws and regulations respecting the same, and for the purpose of protecting and keeping the same free.

97. No action shall be commenced against the town or the committee of streets or against the superintendent of streets, or persons acting under them or him until thirty days’ notice in writing shall be given to them or him, nor unless the same is commenced within six months after the act complained of was committed, and every such action shall be laid and tried in the county in which the town is situate.

FIRES AND FIREWARDS.

98. The council shall annually appoint euch number of Appointment of firewards, not exceeding six, as they shall deem necessary, who shall be sworn to the faithful discharge of their duties, and shall have suitable staffs assigned and provided for them by the council as badges of office.

99. Upon the break out of a fire, the firewards taking Firewards’ duty. their badges with them, shall forthwith repair to the place and use their utmost endeavors to extinguish and prevent the spreading of the fire, and to preserve and secure the property of the inhabitants, and any fireward may com-. mand the assistance of the inhabitants, or of any person present thereat, in extinguishing said fire and removing any property out of any building actually on fire, or in danger thereof, and may appoint guards to secure and take charge of the same, and may command assistance for the pulling down of buildings or for other services relating thereto, and due obedience shall be yielded to their com- mands lawfully made at such fire, and any person disobeying such orders or commands shall for each such offence be fined not more than ten dollars, and in default of payment thereof be imprisoned in the county jail for not more than twenty days with hard labor. buildings

100. No person other than a fireward, or a person May break open thereto commanded by a fireward, shall break open any building, or attempt to pull down the same, unless with the consent of the owner of such building, provided, how- ever, that any fireward present at a fire may order any building, fence or other erection to be pulled down or blown up or otherwise destroyed, to prevent the spread of the conflagration, and no person acting within the scope of such order shall be liable to any suit, action or proceeding at law for such acta. firewards.

101 Upon the occurrence of a fire in the town the Power, &c., of firewards or a majority of them may direct any building to be pulled down, if in their judgment the doing so will tend to prevent the further spreading of the fire, and if the pulling down of such building shall have the effect of stopping the fire or the fire shall stop before it comes to the same, the owner of such building shall receive pay- ment therefor out of the funds of the town by making application to the council, who, if satisfied of the justice of the claim, shall make an order for the valuation of the same, whereupon the council shall appoint three disinter- ested parties, who shall be sworn to make a valuation of the damage sustained by such applicant, and the sum found by the award of such arbitrators or any two of them, shall be a charge upon the revenues of the town, and shall be included in the next annual assessment and paid over to the party entitled thereto within three months after the levying of the assessment. Fire and protee-

102. All fire companies and protection companies “organized in the town shall be subject to the control of the town council, save that the said companies shall have power to make all such rules, regulations and bylaws for the internal economy and government thereof, and the election of their own members and officers as may be necessary; and the town council shall have power to organize, dissolve or disband companies for the extinguishing of fires or preservation and protection of property. thereat, and to establish and ordain rules for the government of companies so organized, and all such companies whether voluntary companies or companies organized under the power herein contained, shall, during the actual progress of a fire, be subject to the exclusive and absolute control of the firewards, provided that the orders and commands of such firewards shall be communicated to the company through the principal officer of such company. present at such fire.

103. Notwithstanding anything herein before contained; point engineers the council may appoint an engineer or engineers for the operating of any fire engine or other machine belonging to the town used for the purpose of extinguishing fires, who shall during the continuance of the fire be subject to the orders and commands of the firewards. Duties of fire-men.

104. Upon an alarm of fre the firemen shall at once proceed to the place of deposit of the implements and inachinery used for the purpose of extinguishing fires, and bring them to the place where the fire shall have been discovered, and shall then diligently use the same under the direction of the firewards in such way as may be deemed most useful for extinguishing the fire.

105. The captain of the company, or in his absence the next highest officer, shall have the power of a fireward in commanding assistance in taking the said implements and machinery to or from any fire, and a like penalty shall attach to disobedience of orders lawfully given as to those of a fireward. .

106. The town council may appoint as many fire Fire constables, constables as they may deem necessary, who shall be sworn into office, and shall at the time of fires, with suitable staves to be provided for them by the council. attend at the fire and act under the direction of the firewards in subduing the fire, keeping order and preventing thefts, and policemen shall perform at fires the same duties, and possess the same powers as are hereby imposed and conferred upon fire constables.

107. The town council may appoint and license chim- Chimney sweep Dey sweepers, and may from time to time regulate the fees” chargeable for their services, and any chimney sweeper so appointed and licensed who shall refuse to perform his duties or render his services when called upon so to do by any ratepayer, or shall neglect to do so for an unreason- able time after being so called upon, or who for such services shall charge or accept a fee or reward greater than the sum allowed by such regulations, shall upon summary conviction thereof, before the stipendiary magistrate forfeit not less than ten dollars, and in default thereof be imprisoned for a term not less than twenty days.

COURTS AND POLICE

108. There shall be in the town a municipal eourt for Municipal court. the trial of civil causes, to be called the Municipal Court of Dartmouth, and to be presided over by the recorder.

Stipendiary 109. The town council shall annually appoint a suit-Recorder and able person to be recorder and stipendiary magistrate of the Magistrate. town. He shall be a barrister of the Supreme Court of Nova Scotia of at least five years standing, and shall on being so appointed become ex-officio a justice of the peace. In case of his temporary absence from the town or of his incapacity through sickness, interest or otherwise to perform his duties, the council may appoint a barrister to act as recorder and stipendiary magistrate in his stead daring his temporary absence or incapacity, and the person so appointed shall during his absence or incapacity perform the duties of recorder and stipendiary magistrate within the town. The recorder shall, before entering upon the duties of his office, be sworn before the warden or a councillor to well, truly, and faithfully to the best of his ability perform the duties of his office.

110. The town clerk shall be the clerk of the munici- pal court.

Jurisdiction of 111. The municipal court shall have jurisdiction, cognizance and power to try and determine in a summary way, without a jury, all civil actions or dealings ex contractu in which the cause of action does not exceed eighty dollars, or where there is a balance not exceeding eighty dollars upon accounts stated and settled previous to suit, and all such civil causes where the amount origin- ally due has been reduced to eighty dollars or less by payment of cash, and when the defendant shall prove a set-off of equal or greater amount than the plaintiff has proved, may give judgment in favor of the defendant for his costs, or for the balance found to be due him, as the case may be, provided said balance does not exceed eighty dollars, and shall also have jurisdiction, cognizance and power to try and determine in manner aforesaid all suits in the name of the town as plaintiff for the recovery of rates and taxes payable to the town whatever the amount thereof may be and shall also have, possess and exercise all the power and jurisdiction in civil matters, conferred upon one or two justices of the peace, or upon stipendiary magistrates by any law now in force in the province of Nova Scotia; and shall have power to issue process into, and have the same served in any part of the province by any constable of the town or county in which the process is served, and such service shall in all cases be made to appear by oath or affidavit of the officer serving the same, made before any justice of the peace, stipendiary magistrate, clerk of the municipal court or recorder. Suits brought for rates.

112. Suits may be brought in the municipal court in the name of the town as plaintiff for the recovery of rates and taxes payable to the town in the same manner as other Buite, and in case judgment shall be entered for the plaintiff, a certificate thereof, in the form in schedule D to this Act, may be given, signed by the town clerk, which certificate shall be recorded by the registrar of deeds on payment of a fee of twenty cents, in like manner as other judgments are recorded, and such certificate when so recorded shall operate as a lien upon the real estate of the defendant within the county in which the same is recorded, and after the period of twelve months from the date of such registry, the plaintiff may advertise and sell the said real estate or any part thereof, first having given notice thereof by advertisement in a paper published in the town, if any, and by posters for three weeks, and after such sale the plaintiff shall give a conveyance of the interest of the defendant in soch land to the purchaser thereof, which conveyance shall pass all the right, title and interest of the defendant in the said lands at the time of the recording of such judgment, to the purchaser.

113. All writs of summons, capias, execution and Writs, by whom subpoena issued out of the municipal court, shall be signed signed, &c. by the town clerk or his deputy, and sealed with the seal of the municipal court, and may be directed to any constable of the town or county where the same are to be served or executed. Writs of summons and capias issued out of the municipal court may be made returnable on any day other than Sunday or holiday, and shall be served on the defendant at least five days before the day of trial when served within the county in which the town is situate, and at least ten days before the day of trial when served outside of the said county, provided that when a writ of summons has been served the requisite number of days before the trial a writ of capias in the same cause may be served and executed at any time before the trial.

114. The municipal court, in respect to all matters and Exclusive juris causes over which the said court has jurisdiction conferred diction. upon it by this Act, shall have exclusive jurisdiction and no suit or action respecting such matters or causes of action shall be-brought in any other court than the municipal court, or before any justice or justices of the peace, except that nothing herein contained shall abridge or in any way interfere with the jurisdiction whether original or appellate of the supreme court or county court.

115. The municipal court shall use as its process writ Process of Court. of summons, capias, execution and subpoena in the forms in the schedule E to this Act contained. action.

116. When a party applies to have a writ of summons Particulars of or capias issued out of the municipal court, he shall file a statement in writing containing the particulars of his cause of action on which the writ is to issue and the cause is to be tried. commenced.

117. Every action shall be commenced by writ of Action, how summons or capias. The copy of every summons or capias” served on the defendant shall have annexed thereto or endorsed thereon a copy of the particulars of the plaintiff’s claim or cause of action, and a notice signed by the clerk stating that if the defendant does not appear and file his grounds of defence and the particulars of his set-off, if any, with the clerk, and serve the same on the attorney of the plaintiff, if named in the writ, or at the address of the plaintiff if any such address be named in the writ, at least forty-eight hours before the time named in the writ for the trial, the plaintiff shall be entitled to judgment for the amount claimed in his particulars with costs.

118. Where there are two or more defendants residing in two or more different counties concurrent writs of summons or capias may be issued.

119. Where an action is brought against two or more defendants and they reside in two or more different counties, or one or more of such defendants cannot be found, one or more of such defendants may be served with process and the action may be proceeded with against such defendant or defendants as have been served, and judgment may be entered up against the defendant or defendants so served.

120. The municipal court shall sit for the trial of causes on every Monday (holidays excepted), and such other days as the recorder shall from time to time appoint, commencing at such hour as the recorder shall by rule, published in one or more newspapers published in the city of Halifax, appoint, and may sit by adjournment from day to day until all the causes on the docket for trial are disposed of.

121. All matters of defence to any suit in the municipal court shall be set out in writing, briefly stating the several grounds thereof and entitled in the cause, or indicating in some sufficient manner the cause to which it refers, and shall be signed by the defendant or his attorney, and where there is matter of set-off pleaded the same shall contain full particulars thereof, and the said defence and set-off shall be filed with the clerk of the court at least forty-eight hours before the time named in the writ for the trial of the cause, and shall also within the like period be served on the attorney of the plaintiff if named in the writ of summons, or at the address of the plaintiff if such address be named in the summons.

122. Where the defendant fails to file his grounds of defence and set-of with the clerk within the time named in the notice endorsed on the summons or capias, and it is made to appear by the oath or affidavit of the constable or officer who served the writ that the defendant had been duly served with a copy of the summons or capias a sufficient number of days before the day of trial, the plaintiff shall be entitled to final judgment for the amount of his particulars with costs without proof of his claim, provided however, that the recorder may, on good cause shown on affidavit or sworn to in open court, and on such terms as he may deem right, allow the defendant to file and serve his grounds of defence and set-off after the time allowed therefor has expired, and it shall be a sufficient ground for such allowance that the defendant was ignorant of the necessity for filing or serving such defence.

123. All judgments in said court shall be entered up by the clerk and signed by the recorder, and no suit or signed, action shall be brought on such judgment in any court within five years after the signing thereof. Court.

124. If the defendant pleads a tender before action he shall pay the money to the clerk where he files his grounds of defence, and if on the trial of the cause it appears that the defendant tendered the money to the plaintiff before action, and the same was sufficient to satisfy the plaintiff’s claim, the defendant shall be entitled to judgment for his costs, which shall be deducted from the amount paid into court or may be recovered from the plaintiff by execution. deducted.

125. Where the defendant pays money into court and judgment is for the plaintiff, the amount paid into court shall be deducted from the amount due the plaintiff, and the judgment shall be entered up for the balance due the plaintiff and costs. bear interest.

126. Judgments in the municipal court shall bear interest from the date of entry at the rate of six per cent per annum.

127. No judgment or other proceeding had or made concerning any matter or thing in the municipal court shall be quashed, vacated, or set aside for any matter of form.

128. Where a judgment is entered against two or more Execution, how joint debtors, execution issued thereon may be levied on” the joint or separate property of the defendants and on the person of any one or more of the defendants.

129. Where a defendant remains concealed in order to Where defend. avoid service of a writ of summons the same may be ant concealed. served by the constable leaving the same at the place of residence of the defendant, and the same shall be deemed sufficient service if the constable making the service shall make affidavit that he attempted to effect service thereof on the defendant, and that he was unable to effect personal service on account of the defendant keeping himself concealed in order to avoid service of the summons on him.

130. Execution may be issued in the form in the schedule to this Act, upon such judgment at any time within five years after the signing thereof and alias and pluries executions may be issued.

131. It shall be lawful for the recorder upon such terms as to costs or otherwise as he may think fit at any time within one year after final judgment, to let in the defendant in any action to defend the same, upon an application Supported by satisfactory affidavits accounting for non-appearance, and disclosing a defence upon the merits. with the particular grounds thereof; and affidavits shall be received in reply unless the recorder shall otherwise order.

132. The clerk shall make out a list of the causes for trial in each sittings, placing the causes on the said list in the order of the issue of the writs, and the causes shall be tried in the order in which they stand on the said list, unless the recorder shall otherwise order. The list shall only be called once during each term. The recorder may, however, in his discretion continue a cause to such other term as he shall name, or may set down a cause for trial for a certain day.

133. The continuance of a cause to another term shall not be granted at the instance of the plaintiff or defendant, unless upon an affidavit stating some reasonable and substantial reason for the continuance, and the affidavit on the part of the plaintiff shall aver a good cause of action, and that on the part of the defendant shall cover a good and substantial defence on the merits, and the recorder shall be at liberty to impose such terms in the rule for a continuance as he shall deem just.

134. Whenever by reason of sickness or unavoidable absence the recorder cannot attend on the day the municipal court is to be held, the town clerk shall adjourn the court to such day as he may deem convenient, and the court shall be held on that day, and the causes on the list for trial will stand for trial on the day to which the court is so adjourned.

135. Causes shall be tried in a summary way in the municipal court upon the viva voce testimony of witnesses, or by the depositions of witnesses, aged, infirm, or about to leave the town, taken as herein provided, upon the same rules of law, and subject to the same defence, as in the supreme court.

136. Parties may prosecute and defend in person or by attorneys of the supreme court, but no costs shall be taxed in respect of the services of any attorney.

137. Executors and administrators may sue and be sued in the municipal court, and judgment and execution shall have the like effect as judgment and execution in the supreme court.

138. When an action is brought in the municipal court, which the court has no jurisdiction to try, the no jurisdiction. recorder shall give judgment of non-suit, and the defendant shall be entitled to enter judgment for his costs, and have execution therefor. taken.

139. In any cause in the municipal court, the deposition of any witness who is about to leave the town, or who is aged, infirm. or otherwise unable to attend the court, may be taken before the recorder, or any barrister of the supreme court, on twenty-four hours’ notice being given by the party who wishes the deposition taken to the opposite party, and the deposition so taken shall forthwith be filed with the clerk and may be read. in evidence on the trial of said cause; subpoenas may be issued to compel the attendance of witnesses before the recorder or such barrister to be examined, and in case of disobedience of the command in such subpoena, a warrant may issue under the band of the recorder in the form in the schedule to this Act contained. issued.

140. If the plaintiff or any person on his behalf shall before, at, or after the commencement of an action in the municipal court, make an affidavit that the defendant is indebted to the plaintiff in a sum within the jurisdiction of the municipal court, that the defendant is then within the county in which the town is situate, and that the deponent has probable cause for believing and does believe that the defendant is about to leave the said county, and that he fears the debt will be lost unless such defendant is forth- with arrested, the plaintiff shall be entitled to have a writ or writs of capias issued out of the municipal court for the arrest of such defendant. And in said affidavit the grounds of the deponent’s belief need not be stated.

141. The constable to whom said writ of capias is delivered to be served shall forthwith proceed to arrest such defendant, and shall convey him to the county jail or lock-up in the town, and he shall there be detained in custody unless and until he shall give a bail bond to the plaintiff, with sufficient sureties conditioned for the appearance of the defendant in the municipal court at the time named in the said writ of capias, or the payment of the amount of any judgment which may be finally rendered against the defendant in the said cause, or shall make deposit of the sum claimed in the plaintiff’s particulars attached to said capias together with five dollars for costs, and the constable shall forthwith upon the execution thereof, or when the same is not executed then on the return day thereof, make return of said capias to the town clerk with his doings thereon, and on the day appointed for the trial of said cause, when the defendant has filed his grounds of defence and off-set within the time herein prescribed, the defendant shall, if he demand it, be brought up before the municipal court by the jailer or by a constable or officer of said court, in order that he may be present at the said trial, and the defendant shall be and remain in custody during said trial, and if judgement be given against him for any sum, unless he shall forthwith pay the same, he shall be reconveyed to jail. But should he appeal from the judgement, he shall on perfecting his appeal be discharged from custody. The constable, jailer or officer conveying the prisoner to and from the court shall be entitled to the same fees as heretofore, and the sheriff shall not be liable for an escape of the party while out of his actual custody under this section.

142. Any person arrested under a capias may negative by affidavit or oath before the recorder the fact of his being about to leave the county, and upon such affidavit or oath, if uncontradicted, the recorder may order his discharge from custody, or order the bail bond to be delivered up to be cancelled with costs in the discretion of the recorder, which costs if allowed shall be costs in the cause.

143. Where a person has been arrested under capias issued out of the municipal court, the subsequent proceedings, including rendering of such person in discharge of his bail where not herein otherwise provided for, shall be similar to proceedings in the supreme court in like cases.

144. The defendant may at any time before trial pay to the town clerk the amount which he considers sufficient to satisfy the plaintiff’s claim and the costs then incurred, and give notice thereof to the plaintiff, and thereupon the plaintiff may accept the same in satisfaction thereof, or if the plaintiff does not consider the sum paid into the court sufficient to satisfy his claim and the costs incurred, he may give the defendant notice that the sum paid into the court is not sufficient to satisfy his claim and costs, and if on the trial of the said cause it shall appear that no more is due to the plaintiff than the sum paid into the court, the defendant shall be entitled to judgment. for his costs, incurred after such payment. ing to have costs.

145. The party succeeding shall in all cases be entitled Party succeed to his costs, which shall be taxed and allowed by the recorder at the trial and included in the judgment. ment.

146. The municipal court shall have the same power of Power of amend. amendment of proceedings therein as the supreme court or a judge thereof has in cases in the supreme court. Power to issue

147. The municipal court shall have the same power and jurisdiction to issue subpoenas for the attendance of witness to give evidence on the trial of causes therein as is possessed or exercised by the supreme court, and any witness who shall have been duly served with a subpoena to attend said court and shall neglect to attend according to the command in said subpoena, or shall refuse to be sworn or give evidence when in court, and any person who being in court shall refuse when called upon by the clerk of the court to be sworn or to give evidence, shall be liable to a penalty of not more than fifty dollars, and in default of payment thereof shall be imprisoned in the county jail for a period not exceeding ninety days.

148. Any oath required by the practice of the municipal court to be administered, may be administered by the recorder or clerk.

149. Any affidavit required by the practice of the municipal court may be sworn before any recorder or town clerk or justice of the peace, or before a commissioner of the supreme or county court.

150. The recorder shall have power to frame and make Recorder to all such rules and regulations and forms not inconsistent ke rules. with this Act or repugnant to law, as shall be necessary to regulate the practice in the municipal court.

151. Any party dissatisfied with the decision of the recorder in any case tried in the municipal court may granted appeal thereform to the county court, and in case of an appeal the appellant, or, in his absence, his agent, before the appeal shall be allowed, shall make an affidavit in writing that he is dissatisfied with the judgment and feels aggrieved thereby, and that such appeal is not prosecuted for the purpose of delay, and shall file the same with the clerk; and the party so appealing, or in his absence his agent, shall within ten days after the judgment enter into a bond with sufficient surety in a penalty not less than double the amount of the judgment, and not less in any case than twenty-five dollars, with a condition. that the appellant shall enter and prosecute his appeal and perform the judgment of the court, or render the body of the appellant and pay the costs accruing on the appeal; or shall before the first day of the term of such county court pay the amount of the judgment together with all costs thereon subsequently accruing, and the clerk, if thereto required, shall prepare the affidavit and appeal bond; which appeal, if applied for at any time within ten days after judgment in such cause, the recorder shall be bound to grant returnable to the next term of the county court in the county of Halifax; and execution, if not issued when the appeal is applied for, and the appellant or his agent shall make the affidavit, shall be stayed; but in such case, if the defendant have given bail, his bail shall continue liable, notwithstanding his personal appearance, until they shall render him, or he shall give an appeal bond within the ten days herein prescribed; and if execution has issued before the appeal is applied for, it shall be stayed on the same being perfected, on the order of the recorder, to be granted at the instance of the appellant and duly served upon the constable.

152. The sureties to the appeal bond shall have the power to render the appellant; and the sheriff shall be bound to receive him at any time after the trial de novo, in the same manner as defendants are now rendered by bail to a capias issued out of the supreme court.

153. In case of appeal the town clerk shall not later than one week after the perfecting of the appeal return to the clerk of the county court all the papers in the cause together with a transcript of the judgment, and the affidavit and appeal bond, and a memorandum, so far as the same can be ascertained, of the costs to which each party would have been entitled in the municipal court in the event of judgment having been in his favor.

154. The proceedings on appeals from the municipal court, shall, where not otherwise herein provided, be the same as the proceedings on appeals from the decisions of justices of the peace in civil cases.

155. The testimony of a witness in custody may be taken in any cause pending in the municipal court, in the same way that the evidence of a witness in custody may be taken in the county court.

156. The constable to whom an execution issued out of the municipal court is delivered to be executed, shall execute the same in the way sheriffs are by law required to execute writs of execution issued out of the supreme court, and for that purpose are hereby invested with all the power and authority within the county or town for which they are appointed or have jurisdiction which sheriffs have, possess and exercise within their respective bailiwicks. to serve process

157. All policemen and constables appointed by the town council shall have power to serve and execute process issued out of the municipal court or by the stipendiary magistrate anywhere in the county in which the town is situate.

158. All executions shall be made returnable in thirty days.

159. Any policeman or constable who shall neglect or refuse to serve, execute or make return of any summons, capias, subpoena or execution, shall on summary conviction thereof forfeit a sum not exceeding twenty dollars, and in default of payment shall be imprisoned in the county jail for a period not exceeding thirty days.

160. Where any person is committed to jail under capias or execution issued out of the municipal court, the benefit of the law that may be in force for relieving indigent debtors from prison may be extended to said person by the municipal court or the recorder, and the procedure shall be the same as nearly as may be as provided in chapter 118,” Of the relief of indigent debtors.”

161. The costs and fees to be taxed and allowed in the municipal court shall be as follows:-

Summons or capias $50
Each copy do $25
Affidavits for capias or other purpose, each, $25
Subpoena $30
Ticket $20
Swearing each witness $10
Trial and judgement, when for $0 or more, $100
under $40, $50
Rules or orders, each $20
Copies each, $10
Appeal bond $60
Transmitting appeal $25
Certificate of judgement $25 Do. of discharge $25

CONSTABLE FEES

Serving summons or capias and making return $20
Bail bond $50
Attending trial with prisoner under capias $50
Serving subpoena $20
Serving execution and return $20
Poundage on execution, when sale %5
when paid 2 1/2 %
All travelling on service of summons capias, execution and subpoena, &c., to be travel actually and necessarily performed by constable or other officer, per mile. $5

162. Any person taking greater fees for the services than those herein prescribed shall for each offence forfeit the amount of $30 to the person aggrieved, which sum, with such excessive fees, may be recovered by him in an action of debt.

POLICE ADMINISTRATION.

163. In case of riot, tumult or disturbances or illegal of specia loon act of any kind, accompanied with force and violence, within the precinct of the municipality, or a just apprehension thereof, the warden, stipendiary magistrate, or any one or more of the councillors may, by writing under their hands, appoint any number of special constables assist in preserving peace and order. Under whose control. To be sworn in.

164. Such special constables shall be under the direction and control the committee of police.

165. The warden or any member of the committee of police may swear in such special constables to the faithful discharge of their duties.

166. The appointment of such special constables shall For what period. continue in force for the space of seven days from the date of such appointment, unless sooner revoked by the committee on police.

167. In case any disorder or disturbances shall occur Disorder at pab. lo meeting. at any public meeting or assemblage of persons, the warden,” stipendiary magistrate, or any councillor of the town, upon the request of the chairman of such meeting or of three or more freeholders, may verbally appoint and swear in special constables, who shall aid in restoring and preserving order and peace at such meeting or assembly, and who shall be under the control of the warden, stipendiary magistrate or any member of the council.

168. Any person appointed a special constable who Penalty for re- shall refuse to act or be sworn in, shall be liable to a penalty fusing to act. not exceeding ten dollars, and in default of payment to imprisonment in the county jail for thirty days.

169. The council may from time to time appoint such Extra constables number of extra constables as they may deem necessary, and for such period, not exceeding one year, as they shall deem requisite.

170. Each extra constable shall be sworn in before the Shall be sworn warden, stipendiary magistrate or any of the councillors, to the faithful discharge of his duties while he shall continue to be an extra constable.

171. The council may compensate any extra constable May be compen- for loss of time when called out for special duty, bat in mated. no other case.

172. The extra constables shall be under the direction shall assist po- and control of the committee of police; they shall assist the Hoemen. policeman in any of their duties.

173. On the request of the warden, stipendiary magis- Shall serve pro- trate or committee of police, they shall serve any summons, c or execute any warrant emanating from the police office or Municipal Court, or perform any duty that a policeman has authority to do. In case of an actual breach of the peace occurring in their presence, they shall interfere to preserve order, and if necessary shall arrest wrong doers and con- vey them to the lock-up or jail.

174. In cases of larceny, or alleged larceny, the extra Extra powers in constables shall have power to act in prevention or other certain cases. wise, and in cases of violent removal of goods, or violence as to property in houses or the possession thereof, shall have power to assist in keeping the peace.

175. Any extra constable so appointed, who shall not attend at the police office at such time as he shall be notified for the purpose of being sworn in, or who shall refuse to to take the oath, shall be liable to a penalty of not less than ten or more than forty dollars, and in default of payment shall be subject to imprisonment in the loek-up or county jail for a period of not less than ten or more than sixty days.

176. In ease any persons are found by the policemen or extra constables in the act of defacing, injuring or destroying any bridge or public property, or trees on any street, lane, or publie er open place, or in the front of any house or buikling, which have been growing or placed there for shade, ornament or other purpose, or discovered digging up or removing any of the soil of the common, or defacing or injuring the exterior of any house, building or fence, or the shutters or the appendages thereof, or in writing any obscene or profane words on any fence or building, the policemen or extra constables shell arrest such trespassers if they are unknown persons, and take them to the lock-up or jail, and detain them there until they can be brought before the stipendiary magistrate. Police office es-

177. There shall be in the town a police office, to be established by the town council, where all the police business of the town shall be transacted. Stipendiary Ma

178. The stipendiary magistrate shall attend at such gistrate’s duty. police office daily, or at such times and for such period as may be necessary for the disposal of the business brought before him as a justice of the peace or as a stipendiary or police magistrate, and shall have, possess and exercise all the jurisdiction, power and authority necessary for the apprehension, committal, conviction and punishment of criminal offenders within the town over which justices of the peace, stipendiary and police magistrates have jurisdiction, and for the carrying into effect the provisions of this Act and of the laws in force in and the by-laws and ordinances of the town, provided however, that in case the stipendiary magistrate is temporarily absent from the town or is unable through sickness or otherwise to attend at the police office, the council may by resolution appoint an acting stipendiary magistrate who shall, during such temporary absence, sickness or the continuance of such other disabling cause, have all the power, jurisdiction and authority of the stipendiary magistrate, and in case no such acting stipendiary magistrate is appointed by the council, the warden or a councillor of the town may on the request of the stipendiary magistrate attend at the police office, and shall perform the duties of the stipendiary magistrate during his absence or incapacity, and the warden er councillor se acting in the place of the stipendiary magistrate shall have all the jurisdiction, power and authority of the stipendiary magistrate. offos.

179. The town clerk or such other person as the council Clerk of police shall appoint for that purpose shall be the clerk of the police office, and shall perform the duties of clerk of the stipendiary magistrate.

180. There shall be kept in the police office by the Police office e- clerk thereof a book to be called the “Police Office Record ourd book. Book,” in which shall be set down the names of all persons against whom charges are made in said office, the name of the person making the charge, the offence charged, and the manner in which, and the person by whom, the said charge is disposed of. gistrate. 181. All actions and prosecutions for penalties for the stipendiary Ma- breach of any of the provisions of this Act or of any Act” which may be hereafter passed in amendment thereof, or of any Act of the legislature of Nova Scotia in force in the town, or of any by-law or ordinance of the town, may when not otherwise herein provided, be prosecuted by the town or any officer thereof, or any person who may prosecute therefor, and shall be laid by information or com- plaint before the stipendiary magistrate of the town, who is hereby invested with full jurisdiction, power and authority to hear, try and determine in a summary way without a jury all such prosecutions, and do all such acts, matters and things as are required or necessary to be done, to enforce and collect such penalties and forfeitures, and when not otherwise herein provided the proceedings shall and may be had and taken for enforcing and recovering the penalties and forfeitures, compelling the attendance of parties or witnesses, hearing the complaint, and for the conduct of the court, the taking and estreating of recognizance and the infliction of the punishments, and otherwise in respect thereof, and the stipendiary magistrate shall perform the duties in respect thereof, and in respect to any conviction or order made by him by virtue of this Act or of any in force in the town or by-law of the town, which are provided and set forth in chapter 103 of the Revised Statutes, “Of summary convictions and orders,” provided however, that appeals from the decision of the stipendiary magistrate shall be to the County Court of the county of Halifax, District No. 1. Provided also, that it shall not be necessary for the stipendiary magistrate to make any return of convictions made by him as aforesaid to the clerk of the County Court or to the clerk of any other court, but said convictions shall be filed in the police office and a certified copy thereof made by the town clerk shall be evidence thereof in any court upon the trial of any cause, information and indietraent. 182. All fines, forfeitures and fees collected or received form part of re in the stipendiary magistrate’s court or in the police office of the town, shall be paid into and form part of the general revenues of the town. Not necessary to o. 183. It shall not be necessary in any eonviction made- tion, or under this Act or any Act in amendment hereof, or under any Act in force in the town, or under any By-law or ordinance of the town, to set out the information, appear- ance or non-appearance of the defendant, or the evidence or by-law under which the conviction is made. Summary con- xlotions. Levy by distress and sale.

184. In all cases of summary convictions or orders. made by the stipendiary magistrate for the recovery or enforcement of forfeitures and penalties incurred under this or under any other Act of Nova Scotia, or under the- by-laws of the town, he may award and order in and by his convietion or order that the defendant pay to the- prosecutor er complainant sneh costs as the stipendiary magistrate deems reasonable in that behalf, and when the information or complaint is dismissed, the stipendiary magistrate may award and order that the complainant or prosecutor pay to the defendant sech costs as the said stipendiary magistrate shall deem reasonable..

185. In default of payment of any fine or penalty imposed by the stipendiary magistrate at the time named. by him for the same to be paid, the same may be levied by distress and sale of the defendant’s goods and chattels, and in default of sufficient distress, by imprisonment with or without hard labor for a period not to exceed sixty days,. unless some other period is mentioned in the Aet er by-law- creating the offence, or the stipendiary magistrate may if he see fit, instead of issuing a warrant of distress, commit the defendant to the common jail of the county, there to be imprisoned with or without hard labor for the time aforesaid

186. In any case brought or charge made in the police Stipendiary may office before the stipendiary magistrate against any person fendant. for breach of any of the provisions of this Act, or any other Act of Nova Scotia in force in the town, or of the by-laws of the town, or in any case where the defendant is arrested either on view of the offence or under warrant, the stipendiary magistrate may in his discretion allow the defendant to go at large upon his entering into a recognizance either with or without sureties, in such a sum as the stipendiary magistrate shall name conditioned for his appearance at the police office at the time appointed by the stipendiary magistrate. quashed, &c.

187. No conviction or order made by the stipendiary Conviction not magistrate shall be quashed for want of form, and no war-” rant or commitment shall be held void by reason of any defect therein. provided it be therein alleged that the party has been convicted and there is a good and valid conviction to sustain the same.

188. The fees charged and allowed in the police office Fees in police of shall be as follows: Information or charge… Each warrant or summons Each copy to be served on defendants Summons for witness, each witness Hearing complaint Conviction. Copies of any paper connected with trial, or of minutes, when required, 10cts. per folio. Bills of cost… Witness fees on summary trials, per day.. $ 20 .50 .25 .20 .50 .50 នេន .10 Constable’s fees…. Witness fees, travel per mile each way .50 .05 Service of summons and return.. Arrest .30 Travel, when necessary, per mile each way .50 .05

MISCELLANEOUS.

189. The town shall have a common seal as at present Town to have established, which shall be made of suitable metal, and” pommon seal. shall have such a device engraved upon it as the council shall order, and such seal shall be kept by the town clerk.

190. All deeds or documents to which the town is a Deeds, how au party and to which a seal is requisite, shall be authenticated thenticated. by the town seal, and the warden and town clerk shall sign the same and affix the corporate seal thereto when authorized by any law or by-law, or by resolution of the town council.

191. The warden or town clerk may affix the seal to any certificate or document at the request of the person desiring it, upon payment of such fee therefor as the town council shall by resolution or by-law prescribe.

BY-LAWS AND ORDINANCES.

192. The council may make regulations for the management and good order of their proceedings, and may make by-laws to regulate the following subjects:-

  • (1.) The management of such real estate as may be required for the public use of the inhabitants of the town, and of all other property of the town.
  • (2.) The prevention and extinguishing of fires.
  • (3.) The establishment and regulation of markets, market houses and fairs, and the slaughter of animals and sale of dead meats.
  • (4.) The protection of streets, squares, sidewalks and pavements, and of the posts, railings, trees and other defences and ornaments thereof.
  • (5.) The use and management of docks, wharves, land- ings and cranes, and fixing the rate of dockage, wharfage and cranage in all cases within the town.
  • (6.) The weighing and measurement of salt, coal and wood, lumber, shingles, logs, timber, and hay, straw and grain, and fixing the rates therefor.
  • (7.) The licensing and regulation of carriages for hire, cartage and truckage.
  • (8.) The regulation of pounds and fixing the fees and rates to be taken and received by pound-keepers and per- sons lawfully driving anything to pound.
  • (9.) The prevention of the firing of guns or other fire- arms, or the setting off of squibs or other fireworks, or the burning of combustible materials, the carrying of fire, lighted candles or lamps without being covered or secured, and the protection of the public from accident from ice cutting operations on lakes within the town.
  • (10.) Imposing and collecting a tax on dogs, which by-laws may contain provisions for the destruction of dogs in default of the payment of tax by the party liable.
  • (11.) The prevention of the ringing of bells, shouting, or other unusual noises in the streets, knocking at doors or ringing door-bells.
  • (12.) The prevention and punishment of furious or disorderly driving or riding on the public roads and bridges, and coasting thereon.
  • (13.) The prevention of the growth of thistles and other noxious weeds.
  • (14.) The establishment, management, maintenance and regulation of lock-up houses.
  • (15.) The prevention of vice, immorality and indecency in the public streets, highways and other public places, and prevention of the profanation of the Sabbath.
  • (16.) Restraining, prohibiting and licensing all exhibi- tions, circuses and other shows for hire or profit, and the preservation of order thereat.
  • (17.) The prevention and regulation of the going at large of horses, cattle, sheep, swine, goats, dogs, geese, turkeys, hens and other domestic fowls, and regulating the care and keeping of stray horses, cattle and sheep.
  • (18.) The regulation of the amount in which bonds shall be given by town officers concerned in the collection, receipt or expenditure of money, the form thereof, the manner in which they shall be given, and the nature of the security be given when not otherwise regulated.
  • (19.) Defining the duties of town officers and the manner in which they shall account for moneys received or expended by them.
  • (20.) Regulation of the discharging and depositing of ballast in all portions of the harbor of Halifax.
  • (21.) The licensing of auctioneers and pedlars, and hawkers of goods, and traders, who are not ratepayers within the town. An authentic copy of each by-law passed by the town council shall be laid before the Legislative Assembly within ten days after the opening of the session next following the passing thereof, and any by-law repugnant to the laws of the province or the provisions of this chapter shall be wholly void. Any person who shall violate any by-law or ordinance of the town shall, upon conviction thereof before the stipendiary magistrate, forfeit a sum not exceeding twenty dollars, and in default of payment thereof shall be imprisoned for a period not exceeding sixty days.

193. The following enactments are hereby repealed, that is to say: The by-law of the town entitled, Municipal Court, number IV. of the original by-laws and ordinances of the town, also the by-law entitled, Police Force, number V. of said original by-laws and ordinances, also the by-law entitled, Special Constables, number VI. of said original by-laws and ordinances; also, the by-law entitled, Prosecutions, page 20 of the said by-laws and ordinances, as published in the printed volume on file in the office of the town clerk of Dartmouth, bearing the seal of the town; also, the following sections of the by-law entitled, Streets, in said volume, viz.: 1, 2, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25; the by-law of the town entitled, Liquor License, page 28 of said volume; the by-law entitled, Annual Meeting, page 40 of said volume; the by-law entitled, To Supply Vacancies, page 41 of said volume; the added by-law entitled, Addenda, on the page of said volume next preceding the appendix, and all Acts and parts of Acts inconsistent with this Act,

SCHEDULES.

A. I, A. B., of __ do solemnly swear that I am a ratepayer of the town of Dartmouth, and that I am of the full age of twenty-one years, and I am assessed on property in this ward, on the assessment roll made up next previous to this election.

B. I __ do solemnly swear that I am unable to fill up my ballot paper without assistance, and I desire the aid of the presiding officer solely to enable me to fill up the same correctly.

C. I, A. B., do swear that I am duly qualified as required by law, for the office of of the town of Dartmouth, and that I will faithfully perform the duties of while I hold office, to the best of my ability. So help me God.


“To amend the Acts relating to the Town of Dartmouth (a consolidation)”, 1886 c86