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TRURO, N. S. :
Printed by W. B. Alley, Book and Job Printeb.
1880.
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HiiiUiiitt
BYE-L^^WS
OF
Municipality of Colchester.
Part I.
PROCEEDINGS OF COUNCIL.
'f-'
Section.
1. The Chair shall be taken precisely at the hour
named for meeting. When no hour is named, the Chair
shall be taken at lo o'clock, a. m. On the appearance of a
quorum the Warden or Chairman shall call the Councillors
to order, and the minutes of the preceding meeting shall then
be read.
2. Before it shall be competent for any Councillor to
make a motion, the Warden or Chairman shall have the
privilege of bringing such matters, as he may have in charge
before the Council. He shall have the same privilege at
any time except when a question is actually under debate.
3. The Warden or Chairman shall preserve order and
endeavor to conduct all business to a speedy and proper
result. Nothing but the business before the Council shall
be spoken of until the Chair is vacated.
^URI
4. The Warden or Chairman shall state every question
properly presented to the Council ; and before putting it to
vote shall ask — " Is the Council ready for the question ?"
Should no Councillor offer to speak, he shall proceed with
the (juestion, after which no member shall be permitted to
speak upon it.
5. His decision on points of order shall not be debat-
able unless, entertaining doubts upon the subject, he
invites discussion. He may speak to points of order in
preference to other Councillors, rising from his seat for that
purpose; and shall decide questions of order, subject to an
appeal to th^ Council by any two Councillors. On such
appeal no Councillor shall speak more than once.
6. When an appeal is made from his decision he shall
put the question " Shall the decision of the Chair be
sustained?"
7. It shall be the duty and the privilege of any
Councillor to call any member to order who violates any
established Regulation or Rule of Order.
8. A motion must be seconded, and afterwards
repeated from the Chair, or read aloud, before it is debated.
It shall be reduced to writing if any member requires it
9. All Resolutions in reference to money shall be
submitted in writing. ^ '' . .
10. No Councillor shall speak more than twice upon
any question ; and the originator of the motion shall have
the general reply. The Council may give any member
special leave to speak oftener.
11. While the Council is sitting, and any Councillor is
speaking, no member shall be allowed to speak or whisper
so as to interrupt him ; unless it be to speak to order ; or to
ask the Chairman for leave to explain. Leave to explain
shall only permit the explanation of an actual misunder-
standing of language.
12. When any Councillor intends to speak, he must
rise and respectfully address the Chair, and confine himself
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to an
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to the question under debate. He must avoid personalities
and unbecoming language, and sit down when he has finished.
If more than one rise at a time the Chairman shall deter-
mine who was up first, and the member named by him may
speak.
13. No Councillor shall remain standing while another
is speaking.
14. When any Councillor speaks to order, the question
of order must be decided before the subject under discussion
is proceeded with.
15. When any question is called for, and a division
demanded, the vote shall be taken by a show of hands.
16. When a motion is made and seconded, it must be
determined by the question being put, unless it be withdrawn
by the mover, or the adjournment is moved.
17. When any motion is put from the Chair, and an
amendment is moved thereto, no amendment to such
amendment shall be allowed.
18. An amendment to a resolution shall be put from the
Chair, and decided first, and the original resolution shall
not be put unless the amendment is decided in the
negative.
19. On an amendment to "strike out and insert " the
paragraph to be amended shall first be read as it stands ;
then the words proposed to be struck out and those to be
inserted ; and finally the paragraph as it would stand if so
amended.
20. All questions and motions passed upon by the
Council shall be open for reconsideration at a future meet-
ing, provided notice of such reconsideration be given at any
time up to, or immediately after the reading of the minutes
at the next session.
21. When a Councillor is called to order he shall keep
his seat until the point is determined.
22. If any Councillor in speaking impeach the motives
of another Councillor, or treat him with personal disrespect,
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or pass between him and the Chair, while he is speaking, or
use unbecoming language, or wilfully violate any of the
Regulations or Rules of Order, he shall be deemed guilty of
a violation of order, and may be censured by the Chairman.
23. If a Councillor shall deem himself personally
aggrieved by a decision of the Chair, he, seconded by any
other Councillor, may appeal from such decision to the
Council.
24. Any conversation by whispering or other\vise, which
is calculated to disturb a Councillor while speaking, or
hinder the transaction of business, shall be deemed a
violation of order, and if persisted in shall receive censure.
25. Every member shall be heard in his place touching
any charge brought against him, as such, or any motion by
which his private interest may be affected, but shall withdraw
before the Council proceed therein.
26. When any Councillor presents a petition he shall
acquaint the Council with its purport, and ask leave for it
to be read.
27. When any question is before the Council, the only
motions in order shall be —
ist — To adjourn.
2nd — To lay on the table.
3rd — To postpone indefinitely.
4th — To postpone to a definite period.
5th — To amend ; or
6th— To refer.
28. A motion to adjourn shall always be in ord«r except
in the following cases : —
I St— When a member is in possession of the floor.
2nd — When the yeas and nays are being called.
3rd — When the members are voting.
29. The following questions shall be decided without
debate.
I St — A motion to adjourn, when to adjourn simply.
2nd — A motion to reconsider.
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3rd — Applications for leave to speak more than the
prescribed number of times.
30. When the Council make any order or express any
decision, the form of such order or decision shall be
" Resolved " or " Ordered," or any other fit word so that
the meaning be clear.
3. The Clerk shall notify the first Councillor named on
any committee of his appointment, by furnishing him with a
copy of the resolution appointing the committee.
Part II.
THE CORPORATION SFAL.
Section.
1. The Common Seal of the Corporation shall be
made of suitable metal, and have engraved on it the name
of the Corporation.
2. The Seal shall be kept by the Clerk.
3. All deeds or documents, to which the Corporation
is a party, and for which a Seal is requisite, shall be authen-
ticated by the Common Seal, and the Warden and Clerk
shall sign the same and affixed thereto the Seal when
authorized by any law, bye-law, or resolution of the Council.
4. The Warden may affix the Seal to any certificate
or document at the request of any person desiring it for
the purpose of authentication.
5. Any person requiring the Common Seal to be
affixed to any certificate or document for the purpose of
authentication, shall pay to the Clerk the following fees : .
For affixing the Seal to any document to be
used out of the Province $2.50
If to be used within the Province only 1.50
If to be used in the Corporaiion only i.oo
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Part III.
COMMITTEES.
Section. v^
I. Standing Committees shall be appointed annually as
follows : —
I St — Committees on Public Accounts and Finances.
2nd — " Tenders and Public Property.
3rd — " Licenses.
4th — ** Roads and Bridges.
5th — " Assessment.
2. Special or Select Committees may be appointed on
motion in writing at any time.
3. The reports of all committees shall be in writing,
and signed by the Chairman, when unanimous, but
when there is a difference of opinion, the report shall be
signed by all who concur in it ; the minority may also report
their views in writing to the Council if they see fit, which
report shall be signed by all concurring in it.
4. It shall be the duty of the Committee on " Public
Accounts and Finance " to examine accounts referred to
them by the Council and to report on them; to prepare
estimates and to submit proposals for the raising of money
by assessments, loans, bonds or otherwise. ,1 /^ . .^ ,
5. It shall be the duty of the Committee on " Tenders
and Public Property " to examine and report on all tenders
received for the performance of any public work, and they
shall have supervision over the public property under the
control of the Corporation.
6. It shall be the duty of the Committee on "Licenses,"
to examine into and report to the Council upon all
applications and petitions for licenses. :: 5;
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7. It shall be the duty of the Committee on " Roads
and Bridges" : — • ,. ,
I St — To examine all Statute Labour returns.
2nd — To receive reports from Councillors as to the condi-
tion of the roads in each and every district, and report at
each semi-annual meeting as to the state of the Roads and
Bridges in the County.
3rd — To prepare an estimate of the sums to be allotted
to each District, having respect to the requirements of each,
and the amount at the disposal of the Council.
4th — To perform such other duties as may be imposed
on them by the Council.
8. The Committee on "Assessments" shall take charge
of such matters relating to Assessments and Rates as may be
referred to them by the Council, and hear evidence relating
to any appeals and report thereon to the Council.
■ M
111-
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SUPPORT OF THE POOR.
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The Overseers of Poor for the different Districts or
Townships shall, at the Annual Meeting of the County
Council in each year, lay before the Council a correct state-
ment of the number and condition of the Poor in their
several Districts and Townships, and of the sum required
therefor.
FERRIES.
»
1. No person shall act as a Ferryman until he shall have
received a license under the Seal of the Municipality, and
signed by the Clerk ; which shall be granted on paying the
sum of one dollar, exclusive of charge for Seal.
2. Each licensed Ferryman shall at all times keep a
sufficient number of good, efficient and safe boats and scows,
10
clean and j^i good order, properly floored, for the conveyance
of passengers, horses, carriages, teams loaded and unloaded,
cattle, etc.
3. Each licensed Ferryman shall provide himself with a
printed copy of the Bye-Laws, Fares and Lz^w relating to
Ferries, and shah exhibit and show the same to any passen-
ger who may require it.
4. Prompt attention shall at all times be shown to the
ferriage of passengers, who shall not be subject to any unne-
cessary or unreasonable detentipn ; and no Feny-boat shall
be taken off its line und^r any pretence whatever.
5. in case of any vacancy occurring by the death or
removal of any licensed Ferryman, such vacancy may be
filled up and ^new licence granted by order of the Warden,
subject to the approval of the Co^ncil at the next meeting.
6. The esta{)lished hpurs of Ferriage shall be from sun-
rise to ten o'clock at night ; but every Ferryman shall ferry
passengers when required at all times of night after ten
o'clock, receivmg double fare therefor.
7. There shall be allowed to every licensed Ferryman
within the limits of the Municipality for the following ser-
vices, the following fares, and no greater : — ,
1 ...
Cents.
From Black Rock to Maitland and vice versa^ every
passenger, 25
Every child under 12 years, accompanied by its
parents, or by an adult,
Every horse, cow, or other animal, over one year old.
Every calf, sheep, hog, or colt,
Every carriage, cart, or waggon, sled or sleigh, with
two hors^ or oxen and driver, loaded or other-
wise, ................... ..
Between Little Dyke or P^l^ert and Maitland, every
passenger, ..... . 40
.3. Li9en^?h,^|l l?e, in force for pne year. -V
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11
CLERK.
The salary of the Clerk shall be four hundred dollars per
annum in full for all services, and he shall perform such
duties as required by the Act of Incorporation and by the
Council. His election shall be annual, and he shall give
such security for the faithful discharge of his duties as may
be required by a vote of the Council, on his appointment.
' ^ TREASURER.
The salary of the Treasurer shall be two hundred dollars
per annum. His duties shall be the same as those formerly
performed by the Treasurer of the County under the Ses-
sions, and he shall give such security for the faithful perfor-
mance of his duties as may be required by a vote of the
Council, at the time of his appointment.
COLLECTORS OF POOR AND COUNTY RATES
Shall receive as formerly ordered by the Sessions, viz. : —
Five per cent, on all monies collected and paid, in full for all
their services.
DISTRICT CLERKS. ■.
The salary of District Clerks and Treasurers shall be
severally fixed by the Councillor or Councillors of the re-
spective Districts, and included in the estimate for the. sup-
port of the Poor for such Districts. v ' -r •
"11
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12
The duties to be performed by the Clerk of the Overseers
of Poor shall be the same as formerly performed by the
Town Clerk, so far as consistent with the law.
"[, ' -' ' COUNTY REGULATIONS. ' "
1. The owner of any swine permitting the same to go at
large in any part of the County, shall be subject to a penalty
not exceeding five dollars for each offence.
2. Any owner of geese permitting the same to go at
large on any of the streets or roads of the County, shall be
subject to a penalty not exceeding ten cents for each goose.
3. The owner of any stud horse permitting the same to
go at large, shall be subject to a fine not exceeding twenty
dollars for each offence.
4. The owner of any bull permitting the same to go at
large, shall be subject to a fine not exceeding ten dollars for
each offence.
5. The owner of any vicious dog permitting the same to
go at large, shall be subject to a fine not exceeding four
dollars for each offence.
6. No person shall be allowed to set fire or burn any
brush or wood in clearing land or otherwise between the
first day of July and the fifteenth day of September, under a
penalty of twenty dollars for each offence.
LIMITS OF TRURO JAIL.
Hereafter the Jail limits of the Jail in Truro for the County
of Colchester, shall be known and defined as follows :
Beginning on the Salmon River, at or as far down as the
West line of David Fulton's farm ; thence Southerly by such
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18
line to the rear base line of the long front lots; thence
Westwardly by such base line to the old Halifax Road;
thence Northwardly on such road to the junction of the
road leading to Lower Village ; thence Northwardly to the
Western line of the Truro Cemetery, and continuing by the
same course West and East to include the Roman Catholic
graveyard till it comes to the Marsh road ; thence North or
by the line of fence dividing the upper from the lower divi-
sion of Marsh to the Bay ; thence up stream of the Bay and
Salmon River to the place of beginning, — being the bounds
and limits of the Town of Truro, and being less than three
miles in any direction from the Jail.
I