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Un das symbolae suivants apparattra sur la darnlAre image de cheque microfiche, selon le cas: le eymbole — ► signifie "A SUIVRE", le symbole V eignifie "FIN". Maps, plates, charts, etc., may be filmad at different reduction ratios. Those too large to be entirely included in one exposure ara filmed beginning in the upper left hand corner, left to right and top to bottom, as many framae as required. The following diagrams illustrate the method: Les cartas, planches, tableaux, etc., pauvant Atra filmAs A das taux da rAduction diff Arants. Lorsqua la document eat trap grand pour Atra raproduit an un saul clichA, il eat filmA A partir da Tangle supArieur gauche, da gauche A droita, at da haut an baa, an pranant la nombra d'imagas nAcessaira. Las diagrammas suivants illustrant la mAthoda. rrata CO pelure, n A D 32X 1 2 3 1 2 3 4 5 6 :d .■M*tv?^. "^^^mff ITV .-, h^ mim % ., X ''I ACT OP INCORPORATIDK, app: % &.C. J&-- .1 ."^ \. TRURO, % a; y^-B- ^Uey, Book la\^ Jofe Pligwaf. '' 18^5.'., <>^s, •*'' M ;-e ■ .-. =4. ..^X- • ^s V)ft «< / /. «ft - Bl Si ¥ THE BYE-LAWS AND ORDINANCES OF THK t'$ ACT OP INCORPORATION, APPENDIX, Sue. TRURO, N. S. : W. B. ALLEY, BOOK AND JOB PRINTER. 1876. r K • a, .i To Ii Be it M folloi ^ 1. T % the limi corporal of Trur , 2. l t successi »ure, an in all C| conveyi or mixe had or < 4 Si The that is 1 Begi] as the ^ wardly front lo old Hal the jun lage, til Truro west ai AN ACT To Incorporate the Town of Truro. FASSES TBS BIZTB DAY OF VAT, A.D. 1875. Bi it enacted by the Governor Council, and Assembly, as follows: 1. The inhabitants of the Town of Truro, within the limits hereinafter defined, are constituted a body corporate and politic by the name of the " Town of Truro." 2. They shall, as a corporation, have perpetual succession and a common seal, changeable at plea- sure, and shall be capable of sueing and being sued in all Courts of Justice, and of acquiring, holding, and conveying any description of property, real personal, or mixed, and shall have all the other rights usually had or enjoyed by corporations. The Town of Truro shall be bounded as follows, that is to say : Beginninir on the Salmon River at or as far down as the west Tine of David Fulton's farm, thence south- wardly by such line to the rear base line of the long front lots, thence westwardly by such base line to the old Halifax road, thence north^vardly on such road to the junction of the road leading to the Lower Vil- lage, thence northwardly to the western line of the Truro Cemetery, and continuing the same course west and east to include the Roman Catholic grave- o?553^a 4 ACT OP INCOKPORATION, vard till it comes to the MarHli Road, thence north or bv the line of fence dividing the upper from the lower diviiion of marsh to the Bay, thence up the stream of the Bay and Salmon River to the place of beginning. 4. The Town shall be divided into three Wards, as follow : ^'ard Number One. To include all that portion of the Town lying to the west of a line extended in a south direction from Salmon River through the centre of Park Street, through the centre ofl^ueen Street, and of a line through the centre of Revere Street leading from Queen Street to Prince Street, and a line through the centre of Dominion Street leading from Prince Street to the railway track continued to the south boundary line of the Town. Ward dumber Two. All that portion of the Town lying to the east of such lines and to the west of a line from Salmon River in a south direction through the centre of Logan Street to the centre of Queen Street, and of a line through the centre of Church Street leading from Queen Street to Prince Street and of a line through the centre of Inglis Street leading from Prince Street to the railway and continued to the south boundary line of the Town ; and , Ward Number Three. All that portion of the Town lying to the east of the line from Salmon River through the centre of Logan Street and Church Street and Inglis Street to the South boundary line of the 'Town, and west of the eastern boundary of the Town. 5. The Corporation shall consist of a Mayor, and six Councillors, residents of the Town, who ihall con- stitute the Town Council, to be elected by the rate- p*y«". tx-ojficv tkeToD 6. ' of Mayt thoasan any am 7. been so ection. Her Ml and wh hundre dred dc three h corpora the ra Town J three n and pai the ele< of Maj 8. ' shall b Tuesda Goveri hold ACT OP INCORPORATION. north or the lower ttream of 'ginning, e Wards, lying to ion from Street, f a line ng from through Prince le south > east of Salmon mtre of ind of a ng from through e Street mndary east of ntre of treet to west of ptyers thereof. Such Mayor and Councillors shall be ex-offido Justices of the Peace within the limits of tlM Town. , , ^ 6. The qualification of a candidate for the office of Mayor or Councillor shall be the possessoin of one thousand dollars real and personal property beyond any amount he may justly owe. 7. All male residents of the Town, who shall have been so for at least one year next previous to the el- ection, being natural born or naturalized subjects of Her Majesty, of the full a^ of twenty-one years, and who shall have been assessed for the sum of one hundred and fifty dollars of leal estate, or three hun- dred dollars of real and personal estate combined, or three hundred dollars of personal property within the corporation for the year previous, and shall have paid the rates thereon, or though resident without the Town shall own real estate therein of the value of three hundred dollars, and shall have been assesied and paid the rate thereon during the year preceding the election shall be qualified to vote at any election of Mayor or Councillors. 8. The first election for Mayor and Councillors shall be held at any time, not later than the first Tuefsday of May, A. D , 1878, to be fixed by the Governor in Council. At such election a Mayor, to hold office until the close of the second municipal year, shall be elected by all the wards, and two coun- cillors of whom one shall retire at the end of the first year as hereinafter provided, shall be elected by each ward. Subsequent elections shall be held on the fir»t Tuesday of May in each and every year ; at each of which one Councillor to hold office for two years shall be elected by each ward, and a Mayor to hold office for one year shall be elected by all the wards One Conncillor from each ward shall go out of oflioe at the end of each year, but shall be eligible for re-election. The presiding officer to be appointed 6 ACT OF INCORPORATION. by the Governor in Council under this &ection sY.all give notice of such election for fourteen days by ad- vertisement in a newspaper (if any) published ih the Town of Truro, and by handbills posted therein. 9. At the close of the first year the Mayor shall draw lots to determine which of the Councillors for each ward shall retire. In succeeding years the senior Councillor of each ward shall retire. Any person elected as Mayor or Councillor and refusing to serve shall forfeit the sum of Forty Dollars to the use of the To^vn. Provided that no Mayor or Coun- cillor who shall have terved tor one term shall be sub- ject to fine for non-acceptance of office on re-election until the expiration of three years from the date of his first or previous election. 10. The first election shall be conducted by a pre- siding officer — to be appointed by the Governor in Council — who shall appoint a deputy presiding offi- cer and Inspector and Poll Clerk for each Ward. Succeeding elections shall be conducted by presiding officers, and Inspectors to be named by the Council, together with a Poll Clerk for each ward. Notice of the time and place of holding elections shall be post- ed up in the case of the first elections by the presid- ing officer appointed by the Governor in Council and of succeeding elections by the Council, in two of the most public places in each Ward of the town for ten days previous to the holding of any such election. 1 1 . Any person offijring to vote at any election shall, if required by the presiding officer or other per- son qualified to vote, make oath that he is qualified to vote at such election and that he has paid his poor and County rates for the year previous. 12. Every elector shall vote in the Ward wherein he resides, or if a resident without the Town ann assessed upon property of the required value within the Town, shall vote in the ward where such property is situate ; and the oath mentioned in the preceding ACT OF INCORPORATION. tion sT.all ys hy ad- led ih the drein. lyor shall cillors for ^eara the re. Any refusing irs to the or Coun- ill be sub- election e date of by a pre- vernor in ding offi- ;h Ward, presiding Council, Notice of be post- i presid- Lincil and wo of the I for ten ction. '' election ther per- qualified his poor section shall be as follows, to be modified when iae- cessary so as to be made applicable to persons resid- ing without the town and owning property within the same : — " I, A. B.» do swear that I have resided in the Town of Truro for one year or upwards now next preced- ing unless temporarily absent ; that I am of the age of twenty-one years and upwards and am a subject of our Lady the Queen ; that in the assessment for the year 18— I was rated for poor and county rates on {one hundred and fifty dollarihf real estate or three hun- dred dollars of personal property or three hundred dol- lars of real and personal property combined as the case may be), and have paid the same in fnll ; that my residence is in Ward number , and that I have not before voted at this or any other election which is at this time being held for any other ward. 80 help me^God." 13. All candidates for the offices of Mayor and Councillors shall be proposed in writing by two rate- payers, the Councillors by rate-payers residents of the Ward for which the Councillors are to be elected, and their names shall be handed in at the first election to the presiding offieer appointed by the Governor in Council, and in succeeding elections to the Town Clerk, at least three days previous to the holding of any such election, and the presiding officer and Town Clerk shall post up the names of the candidates in one conspicuous place outside and one inside where the elections shall be held, and also furnish the names of candidates for Mayor and Councillors for the sev- eral Words to any rate-payer desiring the same. 14. The polls shall be opened at nine of the clock in the forenoon and close at four in the afternoon ; but they may be earlier closed by proclamation. If no vote be polled within an hour. 16. The vote shall be given at the election by 8 ACT OF INCORPORATION. V b«l!ot. The ballot shall be a paper ticket which shall contaia in writing or printing, or partlj written and partly printed, the natme of the person for whom the elector intends to vote, designating on the back the office which the person named inside ift intended to fill, each voter shall deliver hin ballot folded up to the inspector The inspector shall ascertain that the ballot is single without reading it, and i^ail then in the presence of the elector, deposit it without delay in the ballot box. 16. There shall be in the charge of the officer presiding one or more ballot boxes. When the May- or and Councillors are to be elected, there shall be two ballot boxes in each ward to receive separate bal- lots from each voter for the different officers. 17. No ballots shall contain more names than there are persons to be chosen to the office. No bal- lot shall be rejected because found in a box to which it does not belong if otherwise correct, but a ballot if double or containing more names than legal shall be rejected. 18. No officer presiding at any election nor any poll clerk or inspector or officer of the Town present thereat, shall give to any voter any ballot to vote with, or oSSst or give him any advice as to the person for whom he should vote or otherwise interfere with the voter in the ex«iroise of his franchise^ any ^uch presiding officer, poll clerk, inspector or officer ofr fending against this section shaU forfeit for ev^ry offence a sum not exceeding twenty dollars to be re- covered by any person in the PoUce Court, (»r im- posed as a fine in such police count upon complaint and proof by any person proient at such election. 19. On opening the boxes if it is found that the ballots in any of the boxes exceed the number of votes entered on the poll list^ the ballots of that box shall be returned and well mingled, and then the piWr siding officer shall draw out publ' Jy ae mai^ of %: ACT OP INCORPORATION. & them without looking at them as equals the exceia and destroy them at once. 20. The name of each elector voting at such elec- tion shall be written in a poll list to be kept at such election by the poll clerk, and immediately after the final close of the poll uU the votes given in each ward being sorted and counted and publicly declared by the presiding officer and inspectors, shall be re- corded at large by the poll clerk, and in making such declaration and record the whole number of votes or ballots shall be distinctly stated, together with the name of every person voteci for and the number of votes given for each person respectively, and the pre- siding officer shall proceed publicly to declare the persons havinoj the majority of votes in their favor to beluly elected. 21. If there shall be at the final closing of the poll an equal number of votes polled for two or more persons, the presiding officer shall give a casting vote for one or other of the persons having such equality of votes, in order to give a majority to one of them ; but nothing herein contained shall be construed to prevent the presiding officer from voting previously to the close of the poll in the same manner as other citizens may vote, and in case of his being entitled to vote in any ward other than that in which he shall be appointed to preside, he may give such vote by proxy, such proxy being in writing, and signed and having the receipt for taxes of the presiding officer so voting by proxy annexed thereto. 22. The presiding officer may at any time give notice that unless some voter shall come forward to poll within an hour the poll will be closed, and if no voter comes forward within the hour the poll shall then be finally closed. 23. Any person, knowingly and willfully voting at any election held under this Act when not entitled so to vote ; any person voting in a ward in which hfi 2 10 ACT OF IKCOHPORATION. is iSot entitled to vote ; any person fraudulently put- ting in more than one ballot when voting, and any person who shall vote in more than one ward at any Buch election, shall, for every such offence, forfeit and pay to the town a sum not less than eight dollars nor more than twenty dollars, to be recovered in the name of the Town of Truro, in the Police Court, and in default of payment after conviction shall be com- mitted to the County Jail for a term not less than thirty days nor more than six months. 24. If any person at any election for the purpose of giving a vote shall knowingly and fraudulently offer a forged or altered receipt for his rates and taxes, or such a receipt or certificate belonging to an- other person as his own, or shall vote falsely under the assumed name and character of any voter ; he shall forfeit and pay to the town not less than eight nor more than forty dollars, to be recovered in the name of the Town of Truro at the Police Court, and in defiault of payment shall be imprisoned for not less than one month nor more than six months, and in every such case shall be incapable of voting or hold- office in the town for seven years next after the offence. 25. The officer presiding at every election shall, on or before the next day make a return, in the case of the first election to the presiding officer appointed by the Governor-in-Council, and of subsequent elec- tions to the town clerk, of the names of the persons having the majority of votes^ and declared by him elected, and when an election of Mayor takes place, a return also of the names of candidates and of the number of votes given to each. ' 26. In the first election of Mayor the presiding officer appointed as aforesaid, in succeeding elections the Council, shall in public cause the return to be read the votes for each Candidate be summed up, and the person who has the greatest number of votes in ACT OP INCORPORATION. 11 his favor jshnll be declared to be the Mayor on the day of the election or the day following. In the case of an equality of votes for Mayor at the first election, the presidixig officer aforesaid, and at succeeding elec- tions the officer presiding in Council, shall by his cast* ing vote decide which of the candidates shall be Mayor. 27. The result of every election of Mayor and Councillors shall be published in the next / oyal Gazette newspaper after the election. 28. The Mayor and Councillors shall, before enter- ing upon the duties of thei* offices, respectively be sworn by taking and subscribing the oath of alle- glance and oath of office. These oaths shall be ad- ministered to the Mayor elect before the Gustos of the County, or in his absence before two Justices of the Peace for the County. The Councillors shall be sworn to these oaths by the Mayor or presiding Coun- cillor, a certificate of such oaths having been taken, shall be entered by the Town Clerk in the town minutes. The oath of office shall be as follows : "I, A. B., do swear that I am duly qualified as re- quired by law for the office of ; that I am seized and possessed as the owner in my own right and for my own use and benefit of real or personal estate, or both, in the Town of Truro of the value of one thousand dollars beyond the amount of my just debts ; and that 1 have not obtained the same by fraud or collusion to qualify myself for office, and 1 swear that 1 will faithfuly perform the duties of while I hold the office, with diligence and impartiality to the best of my ability. So help me God." Tbe blanks shall be filled up with the name of the office before the oath is taken or subscribed. 29. The Mayor shall be the head of the Council and the head and 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 u ACT OF INCORPORATIOy. the conduct of all subordinate officers in the govern^ ment thereof, and, as far as may be in his power, to cause all negligence, carelessness, and positive viola^ tion of duty to be duly prosecuted and punished, and to communicate from time to time to the Council all such information and recommend all such measures M may tend to the improvement of the finances, the police, health, security, cleanliness, comfort and ap- pearance of the town. 30. It shall be the duty of the Council to aisist the Mayor in the discharge of his duties, and to appoint one or more of the members to be a committee to oversee the different public services of the town, who shall, at each quarterly meeting report the state of the services committed to their charge. The Council shall have power to control the making, maintaining, and improving the roads and streets, sewers, sub-draius and Water^courses of the town, and the widening old and laying out new ones when necessary. To direct and enforce the performance of statute labor and to control the expenditure of the commutation monfty. They shall have jurisdiction over all the property of the town which they shall protect. Over the enforcement and fixing rates of license for auctioneers, weighers and measurers of fiour and grain, measurers of salt and coal, gangers, surveyors of bark and cordwood, inspectors and surveyors of lumber and shingles, truck, hack and expressmen. The levying and fixing rates of license for theatres, circuses, public shows, and for foreign plays and con- certs of all kinds. The providing of a tax for dogs, and the fixing of the amount to be paid annually by the owners thereof. Over the support and regulation of the Public Schools and the appointment of the teachers, in con- junction with the iSuperintendent of Normal School as at present exercised; excepting the Proyincial Normal School : The support of the poor : ACT OF INCORPORATION. 11 ind all Licensing the sale of intoxicating liquors : fixing all ratcB of licenses and regulating applications therefor : Regulating the assessments. Collecting the assessments. The making all contracts relative to matters under their control, which contracts, after having been duly considered by the Council, shall be signed by the Mayor, and counter-signed by the Clerk. The ap- pointment of all subordinate ofl&cers of the town, fixing the amount of their qjemuneration, and the time and mode of paying them. The returns of assessors and collectors, and the appointing of presid- ing officers and the regulating of elections. And making and directing the enforcement of regu- lations for the preservation of the health of the town. 31. They shall vote, assess, collect, receive, appro- priate and pay whatever monies are required for County assessments — poor, school, and other rates and assessments, and shall have within the Town all the powers relating thereto vested in the Sessions, Grand J uryj School Meeting and Town Meeting ; and shall have and exercise within the Town all the powers and authority which within the district, previous to the passing of this Act of Incorporation were exercised by the Sessions, Grand Jury, Board of Health or Town or School Meeting or Trustees of School and Public Property. They shall also have the power of enforcing the due observance of the Lord's Day, of preventing vice, drunkenness, profane swearing, obscene language, and every other species of immorality in the public streets and roads, and all places within the bounds of such Town ; and of preserving peace and good order in such streets and roads, taverns, and other places, and of preventing the sale of intoxicating liquors to Indians, minors and apprentices, and of restraining and punishing all vagabonds, drunkards and beggars, aild all persons found drunk or disorderly in any street, ,>:|- 14 i ACT OF INCORPORATION. road, or public highway in the Town. The imposing of fines on the owners of cattle, horses, swine, geese, and poultry going at large within the limits of the town and the providing of pounds for keeping the same. Also, the providing for any other purpose matter or thing specially subjected to the control of the Council under this Act or by any law or bye-law of the Town, but no bye-law shall impose any penalty exceeding eighty dollars, and the Council may by a bye-law impose a term of imprisonment not exceeding six months in default of payment of such fine. 32. 'I here shall be held every year four quarterly meetings of the Council and special meetings to be called by the Mayor as often as necessary. 33. The Mayor when present shall preside at all meetings and in his absence the Council shall elect a presiding officer for the time being from among themselves. 34. The Council shall annually appoint a Clerk, Treasurer, Police and Stipendary Magistrate, Asses- sors, Overseers of Poor, Health Officers, Clerk of Licence, Superintendent ot Streets and Common or Parade, Collectors of Poor, County, School and other rates and assessments, Firewards and Fire Constables, Police Constables, Clerks of Markets, and Measurers and Weighers, and every other officer from time to time deemed necessary to the due performance and carrying on the business of the town and the preserva- tion of order. 35 The Town Clerk shall, until the Council shall declare otherwise by some bye-law to be by them passed therefor, perform the duties appertaining to the office of Treasurer, Clerk of Overseers of Poor, Clerk of Licence, Collector of School, Poor, County and other rates and assessments, and all other duties that m&y be from time to time required of him by the Council. 36. The duties of the various officers shall be specifically set out in the bye-laws of the Town. ACT OF INCORPORATION. 15 87. The Council shall also have power to make, and from time to time to alter and repeal, all such bye-laws, rules and regulations as may be necessary for the conduct, and good order of their proceedings, the direction of the Town Clerk and all other officers, and touching all matters within their authority, in- cluding the altering, limiting or modifying the mode in which the labor on the streets and roads shall be performed, or of substituting assessments ir lieu thereof of the performance of labor on the said streets and roals as they may judge ]jroper, and shall make all rules neeessary for the creating and for the con- duct, management and regulation of the Police and Municipal Court of the Town, and for regulating the mode of assessment, and of levying the same, and shall also make all regulations necessary for holding elections to supply vacancies occurring within the year in the office of Mayor or Councillors, which rules, bye-laws and regulations, when approved of by the Governor-in-Council, shall have the force of law. 38. The Truro Common, and all property real and personal which at the passing of this Act shall be public property, or shall have been held in trust in any way for the Town of Truro, shall, on the passing of this Act, vest in and become the property of the Town. 39. After the passing of this Act the town shall be set off into a separate School Section within the limits as hereinbefore defined, and the Town shall have the expenditure of all School rates raised within its limits for the Schools of the Town, and also of all government and school grants for such schools, which grants shall be paid to the Town. 40. The Council shall annually appoint two audi- tors. No one who during the preceding year shall have been a member of the Council, or a contractor or officer appointed by the Council (except an auditor) shall be eligible. The auditors shall examine and 16 ACT OF INCORPORATION. M report upon all nccounts affecting the Town or reiUiU ing to any matter under its control or within its jun^ diction for the year preceding their appointmeni The auditors shall prepare an abstract of the receipts, expenditures and liabilities of the Town, and alio a detailed statement of such particulars^ in sueh h form as the Council shall direct, and shall report in dupli- cate on all the accounts audited by them, and «nall file such report in the office of the Clerk of the Council within one month after their appointment, and thereafter one cop/y shall be open to the inipec- tion of any rate-payer at all seasonable hourH, ano he may by himself or his agent at his own expeiitie take a copy thereof or evtractthorefrom. 41. The Council shall, upon the report of the auditors, finally pass and allow the accounts of t' e Treasurer and Collectors, and all accounts againut tbe> Corporation, and in cases of charges not regulated bv law or by bye-laws the Council shall allow what M reasonable. 42. The Town Clerk shall print anc publish the auditors abstract and shall also publish the detailed statement in such forms as the Council shall direet» 43. The Council shall have the regulating and ordering of all monies to be paid out of fundi in haodi of the Treasurer. 44. The Council shall, in each year, convene a Public meeting of the rate-payers of the Town, to be holden at such time not later than one week previous to the annual election of Councillors, and at such place as the bye-laws may designate, at which meeting the accounts of the year as audited shall be produeel if called for, and the Council shall through the Mayor report to the meeting the state and condition of the Town, and the efficiency of the several departmentis and shall recommend to the meeting any proposed^ improvements and alterations and shall fumi«b an approximate estimate of the expenses of all kindf AC5T OP INCORPORATION. IT required to be incurred for the current year, including the county rates of the Town for the incoming year, and the amount required to be raised to defray the same for which sum the incoming Council nhall assess, and shall also recommend any additional sum required to meet any contemplated extraordinary services or improvements, and the rate payers may by a yot6 of the majority present affirm such expenditure, and the Council shall at their next ensuing meeting pass a bye-law imposing a rate to meet such extraordinary expenditure so affirmed or shall raise the required amount by the issue of bonds or debentures o( the Town, and by assessment make provision for meeting the interest 45. The Council shall be authorized and empowered upon a vote of a majority of the rate-payers present at the annual public meeting to issue debentures under the hand of the Mayor and two or more of the Councillors, and under the seal of the Town and countersigned by the Clerk, for the purpose of raising the npcessary funds lor the purchase of any property or the erection of any building for the Town or thi carrying out of any municipal works or improvements. 46. Such debentures shall bear interest at the rate of not more than seven dollars by the hundred by the year, payable half yearly, and shall be redeemable at periods to be expressed in such debentures not less than ten years and not exceeding twenty years from the date of issuing the same, and shall not be issued for a sum not less than one hundred dollars each. The debentures shall be made payable to the respec- tive holders thereof, and the Town shall be at liberty to pay and redeem any such debentures after the ex- piration of five years from the date hereof, upon giv- ing the holders six months notice, such debentures shall be free from municipal taxation. 47. The Council are hereby authorized and em- ipowered to take all neccesary measures for the intro- 3 .// / 18 ACT OP lyCORPORATIO.V. m fluction into the Town of Trnro, of a supply of water fur fire and domefliic purposes. They Mhall have power to horrow for that purpose on the credit of the Town, its property and revenuex, and on the security of this Act, acnum not toexceed thirty thousand dollars. The loan may be obtained at once or in portionH from time to time as the Council may decide. Tenders for the money shall be Hdvelti^ed in a newspaper published in the Town, and in two or more nowspapera published at Halifax, for at letMt one month, and tenders expressing the loweHi rate of interest shall be preferred, or the Council may pell the debentures for such loan at auction, to the highest bidder. The lenders shall receive for such loan in ffvm\» of not less than one hundred dollars, debentures with coupons attached under the seal of the Town, signed by the Mayor and one or more pf the Councillors, and countersigned by the Town Clerk, payable to bearer, Kpecifyiftg the terms of loan and rate of inter- est to be paid half yearly. The debentures shall be transferrnble without endorsement, and the interest shall be paid to the holders of the coupons upon the same being presented to the Town Treasurer. The principal moneys of such loan shall be paid to he lenders at periods to be expressed in said deben- tures, not less than ten years nor more than twenty years from the date of the loan, but the Town may at its option pay off such debentures in whole or in part, at the end of the first five years, and after that period at any thne on six months notice given to the holders. Such debentures shall be free from municipal taxation. The Council shall assess the rate-payers and property of the Town for the yearly interest on said loan, and shall add said amount to the general assessments authorized under this Act. 48. The Council shall, on the request of a ACT OF INCORPORATION. IP atcr majority of the rate-payers present at any annual meeting after the issue of any bonds or debentures, make provision for forming a'^inking Fund for paying off such bonds or debentuies. 49. All that part of Polling District number one, lying outside of the boiiudary of the Town of Truro, as hereby incorporated, shall for all county purposes, and all that part of said district not included in the Poor district, or settlements of Brookfield, Greenfield and Riversdale, shall for all Town and poor purposes be still considered and knowp w District number one. 50. Until the first election of Mayor and Coun- cillors takes place under this Act, the arrangement now existing by law for the assessments and collec- tion of County anroperty, or within such other period, as shall be imited for the payment of the same by the Council, the Treasurer shall without delay, levy the same, to- gether with ten per cent, additional and the costs and expeni*es of the collection thereof, by the distress and sale of the goods and chattels of the party, or the company who ought to pay the same, or of any goods and chattels in his possession, wherever the same may be found within the Town, and may also make dis- tress of any goods and r.hatiles^ being the properly of said non-resident, which he may find upon any of the land of said non-residents, upon which the taxes have not been paid, and the properly distrained may be removed to a place of safe-keeping, provided that any person paying to the Town Treasurer the amount of his taxes, within fourteen days from the receipt of his notice, shall be entitled to a deduction of five per cent, from the amount of his taxes. 31. If said property so distrained is not redeemed within five days after such distraint, the same shall be sold at auction to pay the rates, per centage and costs and expenses of sale, after three days notice of such sale posted in three conspicuous places of the Town, and the balance, if any, shall be paid over to the party legally entitled'^to receive the same. BYELAWS AND ORDINANCES. 33 nmittee be np' thereof, perHon 3 served )dule D, ^hnll be ►roperty not pay of (he ime has iSHessed «hall be Council, ime, to- )stfl and 688 and or the y goods Die may ike dis- erly of r of the taxes )d may 3d that amount eipt of ve per 82. If any party assessed shall be a non-resident of the Town, or shall have rdmoved therefrom after such assosiiment) and before the rate shall have been collected, or any balance shall remain due after such distress and sale, the Town Treasurer shall sue for the amount, inclusive of the ten per cent., costs and ex- penses, in the name of the Town, as in the case of any common debt, and the production of the roll and Assessment Book of the ward shall be prima far.ie evidence of the debt. 33. In any case of aon-paVment of the rate, by either resident or non-resident, the Treasurer shall, at his option, sue therefor, in the first instance, and levy for any balance uncollected, or shall issue and levy the distress, and sue for any balance remaining, after the sale of the distress. A certificate of any judgment ob- tained by the Town for taxes under the hand of the Recorder shall, when recorded in the office of the Registrar of Deeds for the County of Colchester, be a lien on the real estate of the party against whom the judgment has passed. 34. Any person absent from the Province, and any company whose efliects are not to be found, or are insufficient to levy upon by way of distress, may be proceeded against for rates due the Town, accord- ing to the provisions of the absent or absconding debtor's act. 35. In case a party, a firm, or a company, whose taxes are in arrears and unpaid, shall make an assign- ment, or become bankrupt, or be unable to pay said rates in full, the Town Treasurer shall, with the ap- probation of the Mayor, join in any compromise or accept any dividend or part payment, as the same may appear for the interests of the Town. 1. IV. MUNICIPAL COURT. There shall be a Municipal Court, to be pre- 34 BYE-LAWS AND ORDINANCES. H';« 1 sided over by the Stipendiary and Police Magistrate, or as hereinafter provided by the Mayor or one Coun- cillor, and the Town Cle.k shall act as clerk thereof. 2. The Council shall appoint a suitable person to fill the office of Stipendiary and Police Magistrate, who shall also be a justice of the Peace and a lawyer, of at least three years standing at the bar, who shall also act as Piecorder, and who shall be called Recorder of the Town. The office of Stipendiary Magistrate and Recordcx^ may bo filled by one and the same per- son, if the Council see fit to appoint him. In case of the temporary absence of either Recorder or Stipen- diary Magistrate, the Council may appoint a p(irson to fill such offices during his or their absence. 3. The salary of the officers of the Council shall be from time to time fixed by the Council, 4 All fiincs, fees and costs shall go to form a fund, out of which the salary of the Stipendiary Magistrate and Recorder, and the expenses of the Court shall be defrayed, any deficiency to be paid out of the genera! funds of the Town, and any balance remaining, after defraying the above charges, shall be paid into the general fund. 5. The Municipal Court shall have jurisdiction, cognizance and power, to try and determine in a summary way, without a jury, all civil actions or deal- in^^s ex contractu, in which the whole cause of action shall have arisen within the Town of Truro, and in which the cause ot action does not exceed Fighty dollars, and for all balances not exceeding Eighty dollars, upor» accounts stated and settled previous to suit, and ali c:ich civil contracts, where the amount or- iginally due has been reduced to Eighty dollars or iess by payment of cash, and when the Defendant shall prove an off set of greater amount than tjie Plaintift' has proved, may give judgment in favor of the Defendant, for the balance due him ; and shall try in a summary way without a jury, actions ex delicto BYE-LAWS AND ORDINANCES. 35 ia the nature of replevin, trespass to land or building, or other real estate, in which the title or right of possession is not the object of controversy, provided the cause of such action originated within the limits of the Town, and the damage claimed in any such case, do not exceed Sixty dollars. No civil suit, for any debt or dealing, in which the whole cause of action shall have arisen in the municipality, shall be brought to any other court, except by way of appeal to the Supreme or County Courts. Provided, that if the Plaintiff or Defendant in such suit does not reside within the Town of Truro, the same may be sued defended or tried in any court having jurisdiction 6. The Municipal Court shall have and exercise within the bounds of the municipality, all the powers and jurisdiction in criminal matters conferred upon one or more Justices of the Peace or Stipendiary or Police Magistrate, by any act of the Province or of the Dominion of Canada or hitherto exercisable or held by him or them. The Municipal Court, for the trial of criminals shall sit every day, if occasion re- quire, commencing at ten o'clock, a. m., and shall con- tinue until all the causes are disposed ofj provided that the Stipendiary Magistrate, or person presiding may continue any complaint for such time as may be necessary. 7. The administration of Police within the Town, and all the executive powers of the corporation, are vested in the Mayor and Councillors, and the Stipen- diary Magistrate, The Mayor and Councillors in rotation, according to a Foster, to be by the Council prepared shall attend at the Police Office, at some suitable time and times to be named, ar.d shall per- form every act appertaining to the office of Justice of the Peace, Stipendiary or Police Magistrate, neces- sary for the apprehension, committal, conviction and punishment of criminal offenders, and for carrying into effect the laws in I'orce and the ordinances and -M. SQ BYE-LAWS AND ORDINANCES. ii ! MM » '%'i bye-laws of the Town, and shall have and exercise all and every the powers vested in the criminal side of the Muiiiolpal Court, provided that the Mayor or Councillor shall at all times have the power of calling to his assistance the Recorder and Stipendiary Magis- trate and that nothing herein contained shall be deemed to abridge the power of the Stipendiary Mag- istrate as a Police Magistrate, and that by order of the Council the Stipendiary Magistrate may be placed on the Roster, and shall attend in rotation, in the same manner as the Mayor and Councillor. 8. The Municipal Court shall be holden for the trial of civil causes, on the firjt and third I'uesday of every month, commencing at ten o'clock a. m., and may sit by adjournment,, from day to day, until all the causes in the lis-ts for trial are called. The Recorder and Stipendiary Magistrate ahall, until otherwise directed by the Council frame and make all rules, orders and regulations respecting the practice in the Municipal Court for the trials of civil causes, and shall make, order and declare, adopt, and from time to time vary and alter the various writs, processes and forms to be used by the Municipal Court, together with a tariff of costs, charges and fees. All ivrits and other proceedings shall be signed, sealed and issued by the Town Clerk, and shall be directed to the Police or other Constable. In all undefended civil cases in the Municipal Court, where the defendant fails to appear at the time and place named in the summons for his appearance, the Court shall be at liberty to give judgment for the plaintiff, without his appearing, and making oath to the justice of his claim. The party succeeding in all civil cases shall be entitled to his costs. iV I V. POLICE FORCE. 1. The Council shall as often as occnsion shall re- BYE-LAWS AND ORDINANCES. 37 guire, select a Policeman or Policemen who shall act as day and night watch of the Town of Truro, and in the event of more than one Policeman being appoint- ed shall select one of the number to be Chief of the Police. 2. The Policeman and all special and extra Con- stables to be appointed as hereinafter provided shall be under the authority, direction and control of a Committee of Police, to be composed of the Mayor, the Stipendiary Magistrate and three members of the Council. 3. The Policemen shall be prompt to obey and carry out all the orders and directions from tirao to time given to him, or such number of them as the Council shall select, and shall serve all processes civil and criminal, and make all arrests within the Town, and under the direction of the Committo of Police, ghall have all the power and authority in all matters criminal, and in case of breach of the peace, and for preserving quiet and good order which Sheriffs and Constables possess within their jurisdiction, and shall immediately report to the Town Clerk or some mem- ber of the Committee of Police any violation or in- fraction of the act of incorporation, or of any bye- law or ordinance of the Town, any case of breach of the peace, or of quiet and good order, and any criminal matter witl in the municipality that shall come to their knowledge or under their notice. 4. The Committee of Police shall cause to be entered in a book any special order or direction in regard to Police matters, which book shall be in the custody of the Town Clerk, and shall be at all times open to the inspection and guidance of the Policemen in the discharge of their duties, ai:d which they shall be bound at once to obey and carry out. 5. The Council shall from time to time fix and appoint the fees, salary and emoluments to be paid to the Policemen. 38 BYE-LAWS AND ORDINANCES. If im i 'm 6. The Chief of Police or any Policeman told off to serve civil processes and execute writs for the Civil Court shall, before entering on that duty, give securi- ty in such sum as the Council shall direct for the due and faithful accounting for and paying over any moneys that may be collected by him or come into his possession or under his control. VI. SPECIAL CONSTABLES. 7. In case of riot, tumult or disturbances or ille- gal act of any kind, accompanied with force and violence, within the precinct of the municipality, or a just apprehension thereof, the Mayor, Stipendiary Magistrate, or any one or more of the Councillors may by writing under their hands, appoint any num- ber of Special Constables to assist in preserving peace and order. 8. Such Special Constables shall be under the direction and control of the Committee of Police. 9. The Mayor or any member of the Committee of Police may swear in such Special Constables to the faithful discharge of their duties 10. The appointment of such Special Constables shall continue in force for the space of seven days from the date of such appointment, unless sooner revoked by the Committee on Police. 11. In case any disorder or disturbances shall occur at any public meeting or assemblage of per- sons, the Mayor, Stipendiary Magistrate or any Coun- cillor 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 Mayor, Stipendiary Magistrate or any member of the Council. BYE-LAWS AND ORDINANCES. 39 12. Any person appointed a Special Constable who shall refuse to act or be sworn in, shall be liable to a penalty not exceeding ten dollars. 13. The Mayor may from time to time appoint such number of extra Constables as he may deem necessary and for such period, not exceeding one year, as he shall deem requisite. 14. Each extra (nonstable shall be sworn in before the Mayor, Stipendiary Magistrate or any of the Councillors to the faithful di^jharge of his duties while he shall continue to be an extra Constable. 15. The Council may compensate any extra Con- stable for loss of time when called out for special duty, but in no other case. 16. The extra Constables shall be under the direction and control of the Committee of Police, they shall assist the Police Constables in any of their duties. 17. On the request of the Mayor, Stipendiary Magistrate or Committee of Police, they shall serve any summons or execute any warrant emanating from the Police or ' ourt of the Town, or perform any other duty that a Police Constable 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 convey them to the lock-up or gaol. In cases of larceny, or alleged larceny, the extra Constables shall have power to act in prevention or otherwise, 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. In case any person are found by the the Police or extra Constables in the act of defacing, injuring or destroying any bridge or public property, or trees on any street, lane, or public, or open place, or in the front of any house or building which have been growing, or placed there for shade, ornament or other 40 BYE-LAWS AND ORDINANCES. purpose, or discovered figging up or removing any of the soil of the common or defacing or injuring the exterior of any house, building or fence, or the shut- ters or the appendages thereof^ or in writing any ob- scene or profane words on any fence or building, the Police or extra Constables shall arrest suchtren passers if they are unknown persons, and take them to the lock-up or jail, and detain them there in order to n seer- tain their names, giving immediate notice to the Mayor, Stipendiary Magistrate or Committee of Police, and if the parties so caught are known, shall report the fact with the names and residences of the parties to the Mayor, Stipendiary Magistrate or Committee of Police, without making any arrest. 18. The names of parties appointed as extra Con- stables shall be posted up inside the Police Office, and shall be published in handbills posted in coni^picu- ous places in the Town within one month of such appointment and being sworn in. 19. Any extra Constable so appointed, who shall not attend 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 take the oath, shall bo liable to a penalty of not less than ten or more than forty dollars, to be recovered in the name of the Town as a debt, and in default of payment shall be subject to imprisonment in the lock-up or county jail for a period of not less than ten or more than sixty days. PROSECUTIONS. 1. All fines and penalties incurred under the Statute concerning the Town of Truro or any Act in amendment f or in addition thereto hereafter to be passed, or under any bye-law or ordinance of the Town or for any breach of any provision of any act of the Province, now or hereafter to be in force respecting the sale of intoxicating liquors, may be enforced in the BYE-LAWS AND ORDINANCES. 41 Civil or Police Court of the Town, at the prosecution of the Town, and all fines and penalties when recover- ed shall form part of the general fund of the Town 2. When any rent shall be due to the Town, and in arrear, the Mayor or any Committee of Public Property, shall have full power to issue a warrant of distress for the same under his hand and seal, directed to any Police Constable of the Town, or the same may be sued for in the name of the Town as a common debt. /• 3. In cases when at the suit of the Town, or by any other person, a summons is issued for the viola- tion of any bye-law or ordinance, or of any provisions of the present or any amended Act of Incorporation of the Town, and the same is disobeyed it shall be lawful to issue a warrant against the party so refusing or neglecting to obey such summons, or a warrant may be issued in the first instance. POUND AND POUND KEEPERS. Suitable Pounds shall be erected, one at each end of the Town, or any other locality deemed advisable by the Council. The Council shall annually appoint a keeper for each pound. Whenever any animal is impounded for the breach of anybye-law or ordinance of the Town, the pound- keeper in case the owner of such animal is known to him, shall give him notice of such impounding as sc on as practicable, and if within two days after said notice or within five days after the impounding of the animal, the owner is unknown, the owner of said animal does not reclaim and remove it and pay the forfeiture in- curred, the Mayor shall issue an order for the sale at auction of such animal and in such case the balance, if any, after deducting the forfeiture and expenses of sale, shall be paid to the owner, if applied for within 6 '^n 42 BYE LAWS AND ORDINANCES. tliroo months from day of .sale and if not so applied for shall go to the use of the Town. Reforo any animal impounded for the breach of any bye-hiw, shall be released the owner thereof or party applying for the release, shall pay the following ibrfcitiiro, viz : For notices when given, . - - - Keeper unlocking pound, Keeper relensing the animal, - - - - For providing provender for the animal while in the pound, if a horse, colt, ox, cow, or calf, each day, - - - If a pig, goat, or goose, each day, - 50 25 25 1 00 - 25 RELATIVE TO HORSES, COWS, SWINE, OXEN, 0OLT.S, CALVES AND GEESK. ml 1. Horses, oxen, cows, swine, colts, goats and geese whall not be allowed to go at large within the Town of 'Truro. 2. The Police Constable or any other person may impound any horses, uows, swine, goats or geese found at large in any street, lane or other place within the Town. 3. The owner of any horse, ox, cow, pig, goat or gooHe going at large, shr.ll forfeit and pay the follow- ing amount, viz : — For each and every horse, ox, cow, goat or pig, the sum of one dollar for the first offence, and two dollars for every subsequent offence, and for each and ^y^ry goose, the sum of twenty-five cents for the first offence, and fifty cents for every subse- quent offence. One half of the above to go to the party, other than the Police Constable, who shall inform against and convict the offender, the remainder to tlie UHe of the Town ; this fine to be recovered in the Polloo Court in the name of the Town, whether the animal ^hall have been impounded or not. BYE-LAWS AND ORDINANCES. 18 4. The Stipendiary Magistrate shall, on the applica- tion of a party, issue a warrant to bring the party before him for trial. 5. If the offender, on conviction, does not pay the fine imposed, the Stipendiary Magistrate, or officer presiding, shall order the animal so found going at large, to be sold at public auction on the day follow- ing such conviction, unless the owner shall have pre- viously paid the fine imposed, together with all the expenses consequent on the seizure .and keep of the animal ; and on the sale after deducting the fine, the expenses aforesaid, and the expenses of the sale, the balance shall be paid to the owner. The Council shall make regulations in reference to dogs going at large, or congregating within the limits of the Town, and impose penalties for the breach of the same. The owner or owners of dcgs, within the Town, shall pay annually a tax of one dollar for every dog owned by him or them, or kept in his or their possession, such tax to be due and payable on the first day of August, in each and every year, and the owner of every dog shall cause a collar to be placed around the neck of said dog, with the owner's name tl ereon, and the number of his registry, and in default of such a collar, so placed, shall forfeit the sum of two dollars ; such tax and penalty to be sued for and recovered in the Municipal Court of said Town. 6. It shall be the especial duty of the Town and Police Constable, at all times, to attend to and enforce this bye-law, and to report any infraction of it, to the .Stipendiary Magistrate, the Mayor, or a Councillor. 7. Nothing herein contained shall be construed to restrain or limit the right to impound any horse, colt, ox, cow, pig, goat or goose going at large. STREETS. 1. The streets of the Town, and the expenditure thereon, shall be placed under the control of a Com- 44 BYEvLtiWS AND ORDINANCES. mittec of three Councillors, one from each ward, to be annually chosen by the Council, to be callcn! the Committee of Streets, and the Superintendent' of StiCfcis shall be under ihe direction and control of the Com.^attee. The said Committee of Streets nhaW have and exercise, within the limits of the Town of Truro, all the powers conferred upon the Commi»iioii^ ers of Streets, under Chap. 46, Revised Statut§», 4th series, entituled '* Of Commissioners of Streets/* 2. The Committee shall choose a Superintendent of Streets, to hold office until his successor is appointed, or until removed, to be removed at the pleasure of the Council, such Superintendent to be sworn before tb© Mayor or a Councillor to the faithful discharge of bw duty, and to give such security, and receive such com- pensation for his services, as the Council may from time to time direct. 3. It shall be the duty of the Superintendent, under the direction and control of the Committee of Streets within the Town, to attend to the laying out, widening, elevations and repairs, the sweeping, clean- ing and watering of the same, clearing away tb© snow and other like duties, and the making, repairing and improving of any bridges, drains, sew erg, gutters, channels, pavements and sidewalks within the same, and give notice to the Committee of Streets of any nuisance, obstruction, or encroachments thereon, 4. The Superintendent shall keep such accounti of his proceedings as shall be ordered by the Council or Committee of Streets, and furnish accounts, proper- ly vouched, whenever required to do so by the Com- . mittee of Streets. 6. The Committee of Streets shall have power to make contracts for the supply of labor and materials for the streets, and for the use of such horses and carts as shall be required for the purposes of the street service. 6. The Committee of Streets shall have power, BYE-LAWS AND ORDINANCES. 45 under direction of the Council, at any time to enter into a private contract with any person or persons to keep the streets of the Town, or any portion of them, in good order and repair, or to put that service up to public competition. 7. No such contract or letting shall be for a period of over one year, and the contractor, whether by pri- vate agreement or public competition, shall give bonds, with good and sufficient sureties, in such sum as the Council may name, for the faithful performance of the work. 8. The Council may from time to time in their discretion, pay the contractor such proportionate part of the contract price, as they may deem just and pru- dent, but no money shall be paid except on a certifi- cate of the amount of work done, and that the same has been well and faithfully performed, signed by the Superintendent, and countersigned by the chairman or two of the Committee of Streets. 9. All sums required for the street service, within the Town of Truro, shall be taken from and borne by the general revenues of the Town. 10. Every male resident of the Town, between the ages of eighteen and sixty, except firemen, en- gine men, axe men, and ministers in charge of con- gregations, shall annually pay a road tax of Two Dollars^ and the balance of the sum required for Street purposes shall be raised by an equal rateable assessment on the real and personal estate of the citizens, in the same manner as the other revenues of the Town are raised by assessment, and the sum so raised, together with the sum realized from, the road tax, shall be paid into the Town Treasurer, and become part of the general revenues of the Town, provided that the sum of Four Dollars be deducted annually from the rates to be levied annually, on all members of the Fire Department, in lieu of their present exemption from Statute labor. 4« BYE-LAWS AND OKDINANCKS. 11. No person shall pile, dcponit, or place on any road, Htreet, lane or other public place of the Town, any manure, compost, wood, lumber or other Bubfitance or material, whatsoever, luider a penalty of Three DollarH for each offence, and every twenty-lour hours that 8uch manure, compost, earth, wood, lumber or other substance or material, shall remain piled, de- ponited or placed on any road, ntreet, lane or other public place of the Town, shall be held to be, and Khali be a seperate offence. 12. No person shall slack, riddle, mix with >»and or otherwise prepare lime, in any of the roads, streets, or lanes of the Town, unless by written permission from the Committee of Streets, under a penalty of Two Dollars for each offence. Provided, that any person or persons, building or repairing a house or houses, in the Town of Truro, shall be pennitted to use and occupy ten feet in width, from the line of the street toward the centre, to extend the length of the house or houses 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, lor the erection or repair of such house or houses so being erected or repaired : such portion of the street so used and oc- cupied, 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 side walk, at least two and one-half feet in width, around such fence. Persons so building or repairing shall be at liberty to use said portion of the street as long as to the Street Commissioner shall seem necessary. 13. The occupiers, owners or persons 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 two hours after it shall have ceased i/o fall, under penalty of not ss than one or more than five ,t. i^ M BYE-LAWS AND ORDINANCES. 4T dollars, on each person who neglects or omits so to do, unless excused by the ISuperintendent of Streets. 14. No person shall encumber or obstruct a free passage through any street, lane or sidewalk, or path of the town, by exposing for sale, unpacking or suf- fering to remain upon any road, street, lane or alley, or upon the sidewalk or footpath thereof, any lumber, iron, coal, trunk, bale, crate, cask or package or other articles, or anything, for more than two hours, or leave any such articles at night on the road, street, lane or sidewalk, after six o'clock, under a penalty of not less than one dollar, and the continuance of any such obstruction for one hour after notice given, by the police or other constable, to remove the same, shall be deemed a new offence, and for every hour it is continued he shall be liable to an additional fine of fifty cents 15. The Council shall have power to lay out, down and build any new bridge, or to alter the location of any bridge; and to lay out any new street, road, lane or highway, to improve, enlarge, make straight, and widen, any bridge, road, street, lane, passage or pub- lic placfe, within the town, and for that purpose to remove when necessary, any building, projection, wall or fences, or portion thereof, to direct a survey to be made, and unless a satisfactory private arrange- ment be made, shall appoint one competent person, and the proprietor of the property so sought to be taken as aforesaid shall appoint one other competent person and they two shall appoint a third, none of whom shall be interested in said road, street, lane or bridge or the land to be occupied by any new bridge, but who may be residents of the Town, and who shall be compensated for their labor out of the Town funds to appraise the damages to be paid to those whose lauds may be taken to form the road, street, lane or the site of any bridge, or whose building, wall or erections may be removed or destroyed in whole or in part for the im- provement of any street, lane or public passage. 48 BYE-LAWS AND ORDINANCES. 16. The appraisers shall notify the parties inter- ested and hear them if required, and the appraise- ment being made by the three appraisers or any two of them, notice shall be given to each person whose land is taken, or whose buildings are to be removed in whole or in part, or to his agents ten days at least before the meeting of Council at which it is to be confirmed, the Council shall give any party objecting to the appraisement an opportunity of being heard, and of pi oving their objection by testimony. If the expense and damage appear to the Council to be ex- cessive when compared with the utility of the work they may suspend or abandon the undertaking at any period, compensating for any damage actually done. 17. Hereafter no proprietor or possessor of land shall open for public use or dedicate to the public, any new road, or street, over and on his property of less than sixty feet wide, and the Committee of Streets are authorized in their discretion, wholly or partially to close up and obstruct any road, street, lane or thoroughfare of less than sixty feet in width, which may be hereafter laid out or opened, or which may have been so laid out and opened contrary to iKw, 18. The Council shall not accept the dedication of any road, street or lane to the town of a less width than sixty feet, nor shall any public monies or revenues be paid out or expended on any road, street, or lane of less width than sixty feet, except the roads, streets or lanes in which at the time of incorporation of the Town, statute labor has actually been done or public monies expended. 19. Persons intending to build upon or close to the line of a street, shall, before digging the foundation or commencing the building, apply to the Committee of Streets to cause the line of street to be defined and laid out, and shall defray the expenses of a survey, if necessary to employ one, and shall dig the foundation, and erect the building within the line. And if any BYE-LAWS AND OEDINANCES. 4^ |>ersoB ^hall erect a balldmg on the line of said street, OF without making 9uch applicatioD and having the lUm so ascertained, he Sihijiw and by whom the expenses of the procj^edings shall b^ paid, and the same shall b? taxed by the Judge and shall not exceed forty dollars. 21, Any person whp shall designedly and unnece^r sarily drive any carriage or cart, or ride oi^ a sidepath. 50 BYE-LAWS AND ORDINANCES. or roll or place heavy articles on the same to the in- jury or obstruction of the sidewalk, shall for every ofifence forfeit not less than one dollar nor more than ten. PUBLIC PROPERTY. 1. The Council shall have full power to manage the real estate of the Town, to improve and ornament the same, and' to lease- the same for any term not ex- ceeding ten years, and on such conditions as they shall see fit, and for any period exceeding ten years by and with the consent of the Governor-in-Council. 2, All Leases and Deeds shall be under the Town Seal, signed by the Mayor and counter-signed by the Town ( lerk. AUCTIONEERS' LICENSE. m 1. No person shall, within the Town of Truro, exercise the office of Auctioneer, or sell at public vendue any real estate, goods or chattels whatever ivithout being licensed thereto by the Council, which license shall be granted on application to the Com- mittee of Licenses, and shall be in the form in the Appendix, and be signed by the Mayor and the Town Clerk. 2. The fee for such license shall be twenty dollars, subject to be from time to time altered as the Council shall determine, to be paid at the time of applying for the same, and if any person, without such license, shall sell any real estate, goods or chattels at public auction, he shall forfeit and pay a sum not exceeding fifty dollars for each offence, to be sued for and re- covered in the name of the Town and for the use of the Town. Nothing herein contained shall extend or apply to Sheriffs or Officers of Justice selling under process of law or by direction of any Court, BYE-LAWS AND ORDINANCES. OF HEAL! H WARDENS. 51 1. The Town Council shall annually appoint six rate-payers, two out of each ward, to be Health Wardens or Inspectors. ^ 2. The sairl Health Wardens or Inspectors shall, within the limits of the Town of Truro, have all the powers given to Health Wardens and Inspectors in the City of Halifax and elsewhere, under Chapter 29 and 30 of the Revised Statutes^ Fourths Series. 3. The Town Council shall have and exercise all the powers conferred upon the County, General and and Special Sessions under said Chapter. 4. All penalties for breach of any of the provi- vsion of said chapters shall be sued, enforced and col- lected in the name of the Town of Truro, by said Town for its own benefit, in the Municipal Court of said Town 5. The Town Council shall pay out of the funds of the Town, all expenses incurred, by their directions or authority, in carrying out the objects expressed in said chapter. LIQUOR LICENSE. 1. The Mayor and members of the License Com- mittee, or a majority of them, shall have full power to grant general or special license to hotel or inn- keepers, victuallers, retailers and confectioners, with- in the limits of the Municipality for the sale of liquors within such limits, but no license to sell liquor shall be granted to any person who keeps a house of ill- fame, and all licenses, whenever granted, shall expire on the fifteenth day of March in each year, r 2. The Mayor and License Committee, or a ma- jority of them, may annex to the license such reason- able conditions in regard to time and place, and other 62 BYE-IiAWS AND ORDINANCES. circumstances under which such license shall be acted upon, as in their judgement the peace and good order of the Town may require. 8. The Council shall fix the duty to be paid by each class of license, and the fees to be paid for iBsu"- ing the same. 4. Bonds shall be ^iven' by all persons so- licensed in reasonable sums and in sufficient sureties to be ap- proved of by the Mayor and Committee of License*, conditioned for the faithful performance of the tei^ms of said license; and of the laws, bye-laws and regu- lations, now or hereafter to be ili force ifespecting thef same. - ' 6. The Mayor and License Committee, or a ma- jority of thend, shall have power to revoke or sus- pend any such license, if iii their judgment the ordei^ Attd welfare of the 'I own require it. 6. Any person who shall presume to sell by retail intoxicating liquors, without having first obtained a license therefor, or Jn any maniier contrary to the terms of said license, or after the same shall have been* revoked or suspended, shall be liable to the penalty and> forfeitures which by |iny bye-law or ordinance of the Town, or by any act jof the Province now in force or hereafter to be in force, shall be imposed on the sale of liquors without license, and shall be taken and dieehied to have forfeited their bonds, upon which suit may be instituted against them or their sureties at the discretion of jthe Mayor, Presiding Officer, or License Committee, i 7. Any person t<> whom d license Shall be granted, shall, before receiviBtef the same^pay the whole duties a«id fees to the Clerk of the License, and shall entei* into a bond with tw^ sureties; in the forin in Schedule F., which bond ehall' when executed be filed with the TdWA Clerk. 8. The Mnyor c» any eotracillor or the Recoi^der shall have full power and Authority upon view, dp BYE-LAWS AND ORDINANCES. M upon complaint made upon oath of any riotous or dia- otderly conduct in any tavern or other place where Uq^iior is sold, to arrest, or order, or issue a warrant for the arrest of the party or parties, and tJake them to thej Jail, and thereon the Mayor or Presiding Officer shalt enquire summarily into the matter of such com»- pMnt, and shall investigate the same, and shall dis- miss the same with costs,, to be paid by the complain- ftnty or shall convict the keeper of such inn Or tAvem or other p*lace whor0 intoxicating liquors dire sold, of having a riotous, disorderly hout^e orshopy dWd shall abrogate the license for keeping the same, 6Y shall suspend the benefit of the same for any period not exceeding sixty days, with or without costs, ens iw his discretion may seem' just, and during the period of such suspension, the keeper of such inn, tavern, or other place where intoxicating liquor is ^Id, shall lose all the privileges> power and protection thttt would otherwise have been aflfbrded him by this said license^ 9'. All shops, houseSj or other places, except hotels,- taverns and'inns,^ where intoxicating liquors are sold, shall be closed every evening at ten of the clock, and' shall' not be opened before sunrise. I'O. No bar shall be kept open' in any hotel, tavern, ot inUj 01? intoxicating liquors furnished for pay or OtherwisCy to any person or persons except parties ac- tually and bonn fide boarding in his house, by any hotel, tavern, or iiin keeper after ten o'clock in the evening of any day, lior shall a bar be opened 6r intoxicating' liquors furnished before sunrise. I'l. No intoxicating liquors shall be furnished for pcty OP otherwise, by any hotel, tavern, or inn keeper on the Sabbath day to any person or persons except boat; ^ " 4.— Quantity of land. ^ - . p ** 5. — Annual value of eafeh separate valufr.'^'' * ■ ** 6. — Actual value of all the real property of the party assessed. *' 7. — Total value of personal property of party assessed. - ** 8,-^Annual value of the same. SCHEDULE B. Appellant, A. B. C. D. G. H. L. M. Ac. Respecting lohom. Self. E.P. J. K. N. O. (£c. Matter complained of. Overcharge on land. Name omitted. Undercharge on land« Undercharge on persona] property, &c. SCHEDULE C. $iR,-^Take notice that you are requested to attend the Court of Appeal and revision on the day of in the matter of the following appeal , Appellant Subject. To ,Town Clerk. SCHEDULE D. Tbdbo, ,18 You are hereby notified that you are rated and assessed for the current year 18. . in the sura of dollars aud cents for town, county and poor rates, and that unle&s the amount be paid at the office of the Town Clerk within thirty days from the date hereof, ten per cent, will be added thereto, besides all charges and costs of collect- ing, and a warrant of distress will be levied. To , Town Treasurelr. Trc APPENDIX. 67 SCHEDULE E. Whereas is indebted to the Town of Truro in the sum of for rates for the year 18. . and has failed to pay the same, you are hereby required IniiTiedlately to distrain the goods and chattels of the said for the said sum, and ten per cent, additional and for the cost of collection, and if need be to remove tbeni to some place for safe keeping, and if within days after distress made, the property so detained is not redeemed by payment of the said sum, with the ten per cent, thereon, besides tho cost of collection, and any necessary additional charges be not paid, yon shall sell the goods and chattels so distrained upon to satisfy the same . < . Truro, ,18.. To Town Treasurer. SCHEDULE F. DOMINION OF CANADA, PROVINCE OP NOVA SCOTIA. Towx of Truro, "COLCHBSTBR, N. S. Know all'^en by these presents, that are held and firmly bodnd unto our Sovereign Lady the Queen, her heirs and sue- C(.'ssors, in the sum of Two Hundred Dollars of lawful money of Canada, to which payment we jointly and severally bind ourselves, our heirs, executors, and adminlbtrators, by these presents, sealed with our seals. Dated it Truro the day of In the year of our Lord One Thousand Eight Hundred and Whereas the above bounden has been granted a license for the sale, by retail, of intoxicating liquors in the ...... keptby the said on Now, the condition of this obligation is such, that If said shall In all respects conform to the Laws in force respecting the retail of ihtoxi* eating liquors, and connected with such License, then this obligation shall De void, but otherwise shall remain in fliU effect. Signed, Scaled, and Delivered, ) * ; lo the presence of ) LICENSES. AUCTIONEER'S LICENSE. LiCKNSK OfFICB, Town of Truro, 18. . License is hereby granted to to carry on the busi> uess of Auctioneer in the Town of Truro, for one year ttom the date hereof, he complying with the Bye-Laws and regulations of the Town made or to be made pursuant thereto, and having paid to the Town Treasury the License duty. Given under the hand of the Mayor and Town Clerk this day of in the year of our Lord One Thousand Eight Hundred and License duty paid this f Town Clerk. Mayor. 98 APPENDIX. TBUCK&fSNS LICENSE. (rORM 09'UC!JNSB9.) Offjof. or €l>rk or Xjcxhsb, ui. Town^of Traro* ,, 18, . r I4c9U9e is bereby granted to :...... to drive t eturt, truck or »\nd, (uttmber as per oMrgio) and to keep bortw far t'vucktqg, for bise in Ibis Tjown of Trart* until tbe ftrst day of Mareb 18.. .bo conplying wtb tbe Laws of tbe Province, bye-lawaof tbe Town and regulations of tbe Council and Committee of Lioenaee made or to t>«iniade, and having paid to tbe Town Treaawy tlie lilcenae dQtjri said to occapy stands. Mayor. , Clerli of License , Councillor. FORM OF TRUCKMEN'S BOND. Know all men by these presents that we of tbe Towu of Truro, ........... of tbe same place and ... ........ of the aame place are held, and firmly bound unto the Town of Truro the said in the.pen,al siim of eighty dollars and the sdid and ip thosiiQi of forty dollars each» for which payment well and truly to be pa^cC Aye Jointly and severally bind ourselves and each of us, and aay tyir0|0iji8, and the heirs,, executors, and administratora oi ug, and eacb of u^» nraly by tbese presents. Seal«d, with our seals, dated the day of In the '^<%ar of our Lord One Thousand Eight Hundred and xne condition of this obligation is such that if the above boHnden .:. . .,,.,.^. 4... shall well and truly abide byi observe, perform, and ktiep the laws, bye>laws, and ordinances which are or may be in force for tbo g«JdMCe,and govevnoient of truclcmen, and shall carefully reoetv«,con' v^y ^f$C^ dsUvei* as required, all sucb articles as he may take In charge fbiF, tjiat furpoae^ so thali no injury come to the same or damage to toe OiYfMfffa tb«rieof» by or through his neglect or misconduct, and ali(» If the above bounden; ,,.. .... and shall wolf and truly pay, or cause to be paid, all such fines and peualties m may be adjudged against the said for tbe violatton of any of tbe said laws, bye-laws or ordinances made for tbe guidance and good government of traclnnenv then this obligation to l)e void, otherwise to remain in Aill force and virtue^ Signed, sealed and delivered in pre^Dc^ of L 6. L. S. |- »- mm r.