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S. ; NOVA SCOTIA PRINTING COMPANY. 189I. taai SPRING V, HALIFAX, CANAO;^ ' 28 1 o& ^^i ^^>r) ^i'\-0M prt^^^trr^mrw^mmmmm M GONTi^RNTTS. TITLE I. THE CORPORATION. PAOB. 8 TITLE II. CITY COUNCIL. 1. Constitution of City Council 10 2. Qualification of Mayor and Aldermen 10 3. Election of Mayor and Aldermen 14 4. Vacancies 24 5. Penalties for not serving 25 6. Rules of Council 27 7. Committees 29 8. City officers 31 TITLE III. LAW, POLICE, AND PUNISHMENTS. 1. Recorder and Stipendiary Magistrate 34 2. City Court 35 3. Provisions respecting Police Court 40 4. General provisions as to City and Police Courts 43 5. Certain petty oflfences . . . 44 6. Obscene literature 46 7. Various provisions as to legal proceedings 47 8. Police _ 48 9. City prison 55 TITLE IV. FINANCE. 1. City Treasurer 5(j 2. City Collector .......'.'..'..'. 58 3. Audit and accounts 59 4. The Consolidated Fund ....... 62 6. Provisions as to City debts ' . . , 66 IV CONTENTS. TITLE V. TAXATION. PAOB. 1. Amount and objects of Assessment 67 2. Board of Assessors , . , . . 69 3. Assessment 70 4. Insurance Companies and Banks 72 5. Estates and Trustees 74 6. Assessment books and forms 75 7. Exemptions ' '_ 79 8. Assessment appeals , an 9. Poll tax '..'..'.'.'.'.'.'.'''.'.'.'.'. 83 10. Notices "...... 83 11- Lien ...........'.'.'.'.'..'.'.'..'.['.'.'.. 85 12. Collection §6 13. Water rates 89 14. Sales for taxes 94 15. Miscellaneous 101 TITLE VL CITY WORKS AND PROPERTY. 1. Board of City Works 103 2. Expropriation of lands 105 3. City Engineer 109 4. Streets '[ 109 5. Brick sidewalks 114 6. Fences 116 7. Sewers II7 8. Water 125 9. City property 127 TITLE VIL PUBLIC HEALTH. 1. City Health Board 129 2. City Medical Officer 136 3. Various sanitary regulations 137 4. Cemeteries 14Q TITLE VIII. PROTECTION FROM FIRE. 1. Certain powers of City Council 142 2. Firewards, etc 143 3. Firemen and Fire Department ; . . 146 4. Explosives 148 5. Fire alarm telegraph, and fire escapes 149 6. Provisions as to buildinji,s 150 7. Inspector of buildings 157 r%.-0.\^ CONTENTS. TITLE IX. LICENSES. PAOB 1. Shows, Exhibitions, etc I59 2. Hacks and trucks ..'....'. 1 50 ?. Auctioneers !..!!! ifln 4. Pawnbrokers, and rag and junk shops !.!....!!!!.!. IfJI 5. Hawkers, petty chapmen, etc 1 ""....!...*..!!! ! 181 TITLE X. THE COMMON AND POINT PLEASANT PARK 161 TITLE XI. POOR ASYLUM Igg TITLE XIL PUBLIC SCHOOLS. 1. Truancy Igy TITLE Xill. INSPECTION, Etc. 1. Surveyors of lumber j-'o 2. Bread , ' ] " 1 .to 3. Coal and salt ' * ^n^ 4- Hay '•-....".......!!............ 175 6. Cord wood lys 6. Lumber 176 TITLE XIV. PROTECTION OF INEBRIATES 180 TITLE XV. BY-LAWS 18- MISCELLANEOUS PROVISIONS 189 Sectio 1. 2. 3. 4. 9. i9. 11. 12. 13. 14. lb. 28. 31. ,v*rv^^- WmMi^ JL-lsT JLCT To consolidate and amend the Acts relating to the City of Halifax. (Passed the IQth day of May, A. D. 1801.) Section. 6. e 7. 8. 0. xd. 11. 12. 13. 14. lb. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 2i». 30. 31. 32. 33. 84. 3,=). 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. Corporation. MucccHsion and senl. City of >talifax. Wards and the boundaries thereof. (1). Boundaries. (2). Boundaries. (3). Boundaries. (4). Boundaries. (ft). Boundaries. (G). Boundaries. Cit.^ council niny alter limits. Constitution of city council. Term of ottice. Mayor and aldermen to continue to hold ottice. Qualification of mayor and aldermen. Oath of alletiiance and of office. Hersone disqualified. Officials and others disqualified. Persons not ineli^'ible, Contractors and others ineligible. Effect of ac eptance of office, or com- mission, &c., &c. Member of city council .ot to con- tract, &c., &c., &c. Penalty for sitting or voting if dia- qualifled. Persons not ineligible or disclualifled. Expulsion from council. Di8C|ualification by acceptance of office, &c., iJc, cite. Bankruptcy, insolvency, &c., &c., &c. Jurisdiction of city council, &c., &c. Justices of the peace, ex-officio. Mayor, duty of. Notice of election of mayor or alder- men. Elections, when held. Candidates, how nominated. Certificate of acceptance. Nomination paper, how filed. Notice of nomination, how given. Proceedings where one candidate noniinated. Duty of city clerk with respect to nominations. Qualincation of voters. Where vote may be polled. Non-residents. Engine, Axe, Fire and Union Protec- tion coiiipinies. List of members of engine, axe, fire, and union protection companies to be prepared. Three months' enrolment required. Alphabetical list of ratepayers to be prepared. Copies ot lists to be certified. Polling booths to be provided. Where register of vot rs is divided. Civic elections, how conducted. Poll clerks. Inspectors. Oath. Ballot boxes. Who may be present in pell booths. Presiding officer to exhibit ballot box. Com]mrtments in polling places Envelopes to be furni-'hed to presid- ing officer. Section. 51. Envelopes and blank ballots to be given to voters. 52. Oath of elector. ."iS. Duty of voter. 54. NiHuber allowed In compartment. 55. Voter to le^ve polling pnce. 56. Whore name not on list. 57. Where elector unable to fill ■ p ballot paper. 58. Proceedings after close of poll. 59. Where number of liallots exceeds votes polled. 60. Envelopes containin/ more than one ballot. Marked ballots. 61. Ballet papers, to whom returned. 62. Votes of presiding officer and poll clerk. Proxies. 63. Presiding officer shall report result. Proceedings in case of equality of votes. 64. Presiding officer and others not advise. Penalty, &c., &o., &c. 65. Penalty for fraudulently voting, &e., &c.,'Ac. 66. Functions of mayor, how performed pending election. 67. Publication of result of election. tJ8. Peace at election, how preserved. 69. Election not to be invalidated, &c., &c.. Sac. 70. Validity of election, how determined. Proviso. 71. Proceedings in case of alleged loss of qualification. 72. Judges may make rules. 73. Summons, how headed. 74 Directions as to notices. 75. Duty et city council after judgment. 76. Appeal. 77. Vacancy, how filled. 78. Duticsof niayor,how performed during absence, flc, &c., &c. 79. Election for vacancy, how conducted. 80. Re-election of officers. 81. Resignation of office of alderman after two years' service. 82. Resignation of office of alderman. 53. Resignation where party resigning obtains office. 84. Vacation of office occasioned by absence. 85. Special vacancies, how declared. 86. Penalty for neglect of duty. 87. Forfeiture in case of refusal to accept office. 88. Election, presumptive evidence of qualification. 89. Fine for neglect or refusal to (lualify for office. 90. Where person disabled bj sickness, lunacy, &c., &c., sin(:nt provided for. 292, Certain amounts payable provifiun- ally. 203. What property subject to taxation. 294. Kstiniates, how prepared. 295. Board of assessors. 296. Chief asoessor and assistants. 207. Henioval from oHico. 208. Salaries. 299 Register of real estate. 300. Assessment, by whom u'ad . 301. Assessment of pro|>erty omitted. 302. Assessment, when commenced. 303. Asses nicnt, how rated. 304. Ueal estate, how assessed, 305. Personal property. 306. Term personal property, what to include. 807. .Mortgage securities. 308. Joint stock, kc., kc, kv. 300. Partnership. 310. Kstate of deceased persons. 311. Schoolteachers. 312. Hotels, boarding houses, kc, (fee 31:!. Insurance companies and banks. 314. Insurance brokers. 315. License fees. 31(>. Incorporate. Casd of not) resident. 3.50. Co-partners tenants, &c., &c., &o. 367. Special lien. 358. Lien on real estate. 359. Lien on personal property. 860. Kates p&yuble before reiaoval of property. 361. Lien, wheii to attach. 302. Rates and taxes, when due. 3()3. Defaulter leaving: city niuy he arrested, 364. Proceeding when riitcpayer abs nt. 305. Collector may compromise. 366. Litercst on unpaid rates and taxes, when payable. 367. General warrant of distraint, form of. 368. Seizure of shares in corporat. \s, how made. 369. Surplus to be returned. 370. Errors, how amended. Effect oi ajncndnient. 371. Assessment n\ay be reduced by court. 372. Assessment for water supply. 373. Water rates, how levied and assessed. 374. Extra and special rates, scale of. 376- Where dwellinifhousescontain shops, how rated. 376. Owners or lease holders for life, how rated . 377. Property not exempt. 378. Disputes, how determined. 379. Hates to be lien on real estate. 380. In case of yearly tenants, owner to famish statement. .S81. In certain cases tenant liable. 382. Water rates, when payable. Warrant for collection. 883. General notice to delinquents. 384. Board of works to fix rates. 385. Board shall submit statement. 386. By-laws, rules and regulations con- flrHiod. 387. Board of works n'liy alter and amend. 388. Sales for taxes, lists of lands liable to. 389. Duty of city board of assessors. 390. Warrant for sale nf land, form of. 391. \^'liat evidence if legality of pro- ceedings. 392. Luty of collect'r on receipt of warrant. 393. Adjournment of f.i e. 394 Salj of land in payment of taxi s. 395. ajo.-tgagees, judgment oreditors, &c., «c., &c., may pay. 396. Adjourned sale, proceedings under. 307. Resale provided for. 398. Collector's certificate to purchaser. 399. P'oceedings whe.'e balance of pur- chase money unpaid. 400. W here sale set aside. 401. Taxes re-assessed, how collected aiid paid over. 402. Effect of collector s certificate. 40JJ. Liability of piirchas; r for damages. 404. Purchaser's right, when to cease. 405. Taxes, &c., itc, Ac, to be deducted from purchase money. 400. Right of owner to roiieem. 497. Amount repaid to purchaser. 408. Deed, how executed. 409. Definition of certain wonls. 410. Rc(iuigitus of deed. Form of. Sbction. 411. Registry of deed. 412. No city otticer shall purchase. 413. Discraint for taxes by landlord. 414. Proviso as tc new business aftci asses lUient. 415. Notice to be given. 416. Provisions in case of auctioneer ilu- porting, Ac, &c., &c. 417. Kate at which assessors shall assess. 418. Auctioneer may appeal. 419. Collector m.iy receive by instalments. 420. List of individuals, &c., &c., iScc, whose taxes are unpaid, shall be posted. 421. Board of city works. 422. IJoard, when elected. 423. Conunissioners of schools not eligible. 424. Pay of board. 425. Chairman, how appointed. 420. Conunissioners, how removable. 427. Powers of commissioners. 428. Officers and employes, how ap- pointed. 429. Power to make contracts. 430. Board shall submit estimates. 431. Penalty lor voting money for objecls not authorized l)y law. 432. Expropriation of lands. 433. Proceedings where contract cannot be made. 434. Payment for lands expropriated. Arbitration. 435. Appraisement, how made. 436. Payment out of court. 437. Plans to be submitted to Oovernor-in- Council. 438. City engineer. 4:t9. Soil and freehold of streets. 440. Repair of streets, sewers, &c., &c. 441. Sums required for strett service, how borno. 442. Power of city council to lay out new streets, &c., ic. (fcc. 443. Forenian of works shall supeiintend. 444. Further duty of foreman. 445. New roads or streets, power o' city council. 440. By-la'As and regulations as to streets. 447. Regulations for keeping citian. 448 Removal of encumbrau' es, 449. Cleaning ai'.d repairing oi itreets. •')0. Cleaning of sidewalks, gutters, &( ., &c., iStC. 451. Building materials. 4.52. Wells and p'.mps. 453, Removal of nuisan(;es, &c., &c., kc. •164. City engineer to lay out line of strci t in certain cases. Proceedings ii case of encroachment. 55. Summons to issue out of 8U)rei>o court on petition. ^56. Petition and sunmions in cr.sc f encroachment. r)7. Duty of board of works in case f encroachment, &c., i^c , kc. 4.58. Service of notice. '59. Permission to be oUt.ined ')efo'0 breaking up soil. iOp. Driving on sidewalks, I'a' , &e., i&c. tOi. Hatclus, cnrbings, grntin|{&, &e., &( ; powers of board. i62. Brick sidewalks, gran tc curbstone-', *c., iVc, kv ■lO.'i. Limits may be extended. 404 Discretion of board o: works to lay do«n brick sidewalks. -105. Pioceedlngs in case of neglect (f ownei. 100. Stone crossings. Itr. .Stone cotuluctors. .Section. 468. F 469. F 470. H 471. P 490. 491. 497. 498. CITY OF HALIFAX, Section. 468. Failu'« of owner to provide stone. 469. 470. 471. 472. 47.'«. 47->. 475. 476. 477. 478. 479. 480. 481. 482. 483. 484. 485. 486. 487. 488. 489. 490. 491. 492. 493. 494. 495. 496. 497. 4i)8. 490. 500. 501. 502. 503. 604. SOS. 606. 507. 508. 509. 510. 511. 612. 613. ol4. 5U.. 616. 517. Fence'! Height of tt-ncts. Penalty for violition. Exuosurc for sulc of country pro- duce. Sewt-rs. Petition for common gewers. Petitions to be referred to city engineer. Expense of constructing sewer, how borne. be charge ible and shall prepare plans How Properties to BSbssed. City engineer and lists. Lien created. Total amount, how divided. collected. Certain amounts still due and p\y \ble. Collector shall keep separate accounts of all sewer 'ge rates. Right of owner t"> pay in full. Where owners or occup era have palJ their proportion?. Sewerage rates assessed but unpaid, when due. City council may order constniction. Moneys collected, ^o«■ applie'". Notice of construction of (omuion sewer, &c,, &c., ice. Sewers and drain, how repaired, &c., &c., &c. Pc wers of Board, &c Connection if made by owner to be approved by board. Work not to be covered until in- spected. Penalty for suffering aonnection of cess pits, privies, Sic, &c., <£c. Regult-tion as to lu'ivate dn-iins. Level of private drains, ,.\:c., &c., &o. Pover of board to impose terms re- spectit g private dra ns. Form of application for permit. Power of board in case of improper work . No person to obstruct or interfere with any sewer. City may sue for all costs and assess- ments, kc, &c., &c. Penalty for non-compli nee w ith fore- goinir provisions, &c., ic, \-c. City not responsible for damage in certain cases. Where sewer runs through city perty. Property not to be relieved payment of sewerage r^tes. Definition of certain terirs. Petitions, reports, &c., &c., where deposits' . Registration and licensing of plumb- ers, &c., &c., &c. City council or rity lealth board may fix date for .ijosing cess pits, &c., &c., &c. Penalty for allowing water to run over streets, &c., &c., &c. Board of works nay tnlarge and extend water service. Strvice pipes, how cirried. R ght of entry on lands. iVc, &c. W»ter meters, rental and rate. W here meter fails to register. Premises shall not pay les general rate. Injuries to and t.\mpering meters. Persons may supply their own meter?. pro- from &c., than with Skctiok. 618. Author'zed offlcials riaht to ente«-. 519. Waste prohibited. Penalties. 620. Penalty for drawing water unauthor- ized. 521. Pipes and fi.\tures to be protected, itc, iStc, &c. 022. Pro-^eedings where officer reports pipe-, iScc. &c., &c., in bad condi- tion. 523. Persons intending to build to give notice. Penalty. 524. Mains, hydrants and pipes, to §e pro< perty of city. 525. City property,' description of. 526. North fish mark .t. 527. Powers of city council with r39. Regulations, how published. 540. Assistance in enforcing regulations. 641. Penalty for violation of orders. 542. Further powers and du'ies of board. 643. Urgent matters reported to city council. 544. Proceedings where city council fall to deal with matter reported urgent. j46. Health officers to be under control of board. 546. Four thousand dollars extra assess- 'uent. 547. Investigation Ci complaints. 548. Protection, privileges, and immunities of inspector and officers. 543. Compensatio') to parties sulfeting loss, &C., iC, iiC. 550. Production of " Royal Gazette " suflB- cient proof, &c., &e., kc. 551. Rules and regulations to continue in force until altered or revoke! . 662. Rules and regulations not to be set aside for want of forn,, dec, kc. 653. Inconsistent law repealed. 554. Annual report. 555. Board, how remunerated. 6.')C. Act, how ki^own and cited. 657. City medical officer. 658. Salary. 5.'i!). Duties of city medical officer. 560. Not to interfere with heulth officer of port. ."iBl. To be under control of city council. 562. In case of absence without leave, neglect, kc, kc, kc 563. Various sanitary regulations. 664. When privies or vaults reported offensive. 665. Eiiiptying of privies and vaults. 666. Where dwelling house unflt for occu- pation. 567. Where dwelling, kc, kc, kc, likely to endanger pub'ic health. CITY OF HALIFAX. Section. i68. Penalty trr depositing offensive matter. 609. Removal or destruction of offensive substances. 670. Penalty for seJlinK unwholesome food, &e., &c., &c. 571. Soap and candle manufactorlts, &c., &o., &c. 672. By-laws to regulate manufactories, fliftilleries, &c., &e., &c. 573. V- iilty for not h vingr license. 674. In crse of inconsistent by-laws, rules, &c., &c., &c. 575. Enactments concerning cemeterii s. 576. List of enactments confirmed. &77. By-laws respecting < cnietcry. 578. By-laws, how framed. 579. General concrol over portions set apart. 580. Officiating clergyman. 581. Keeper of public oemeterj*. 582. Further division or allotment. h93. Purchasers of lots. 584. Sale of lots in perpttuitv. 585. Lots, how held. 586. Record of lots sold. .587. Registry le. 588. Walls or fences. 589. Burials, where permitted. 590. Protection from fire. Firewards. 591. By-laws relating to. 592. City council may make regulations. 593. Destruction or injury to wells, hy- drants, &e., &c., m).)Owder. 620. Gunpowder, how placed in carriage. 621. Gunpowder exceeding in weight 25 pounds, how carried. 622. Penalty for vio'ating any of six pre- ceding sections. 623. 624. 625. 026. 627. 628. 629. 63". 631. 632. 633 (134 . 635. 686. 637. 638, 639. 640. 641. 642. 643. 644. 645. 646. 647. 648. 649. 650. 051. 652 653. 6.54. 655. 656. 657 658. 659. 660. 661. 062. 663. 664. 665. 666. 667. 668. 669. 670. 671. 672. 673. 674. 676. 676. 677. 678. 679 680. 681. <)82. 683. 684. 685. 686. 687. Gunpowder for H. M. service not included. File alarm telegraph. BoHrd of fire escapes. Appointment of chaiiman. Powers and duties of board. City council may make ordinances. Proviso. Provisions as to buildings. Provisions, how applied. Brick and st-ine buildings. Party walls. Foundation walls. Outhouses under 30 feet, Windows. Chimneys. Outhouses, &c„ &c., &c., under 15 fi'et. Roofs and roofing material. Existing wooden buildings. Limits with'n which wo'.don build- ings may be erected under restric- tions. Restrictions. Further restrictions. Foundations subject to approval. Brick or stone end walls. Tenem. nt buildings, partv walls, &c., &e., &c. Roofs and roofing material. Openings in end or party walls. In case of buildings being damaged. No additions, itc, &c., kc, without permission of inspector. Buildings erected contrary to Act, Proceedings where buildimcs deemed nuisunces. Where buildings deemed unsafe. Where ))uildings, walls, kc, &c., &c., in dangerous state. Prnceedinifs upon any conviction. Notice where owner, kc, cannot be found. Penalty. Notice where person intends to build. Plans and specifications to be fur- nished. Lights, windows, openings, kc, kc. Proviso as to ancient lights, windows, kc, kc, kc Penalty for violation or infringement. By-laws. Inspector of buildings. Duties of inspector. Right to enter ; penalty for obstruct- ing. Express duty of inspector. Licenses for shows, exhibitions, &c., &c., kc. Licenses for transportation of goods, kc, kc, kc Licenses to carry passengers, kc, kc. Licenses, how siuned and renewed. Licenses may be revoked, kc, kc. By-laws fixing rates Power of citv council to regulate. Disorderly riding or driving ; penalty. Auction licenses. Penalty for acting without license. Pawnbroker, rag and junk stores. Hawkers and peddlers. Commissioners of Halifax common. Board, how composed. Retirement from office. Vacancies, ho.v filluiurer. 7.58. Qualities of lumber. 7.59. Dimension and description. 760. Plank for exportation. 701. Tow timber. 762. Merchantable timber. 763. Shingles, survey of. o 764. Shipping shinglea. 765 Clapboards. 760. Lathwo(xl. 7r7. HoL'shead staves. 768. Barrel staves. 76». Interpretation of contract. 770. Duty of surveyor. 771. Surveyors' fees. 772. Fees in other cases. 773. Re-survey, in case of dispute. 774. SurvevorV fees, by whom paid. 775. Penalty. 776. Rejection, where deficient, in quality orilimensions. 777. Forfeiture, in certain cises. 778. Altering marks. Penalty. 779. Penalty for surveyor. 7S0. Limitations of p'-osccutions. 781. Inebriates' Home. 782. Appointment of superintendent. 783. Appropriation of certain fines. 784. Person charged with drunkenness. 785. Stipendiary n\agistrate may commit. Proviso. 786. Purposes for which Home is estab- lished. 787. Persons, how admitted on payment. Consent. 788. For what time admitted. Work. 789. Licensed houses in neighbourhood. 790. Inmates, breaking out. 791. Stipendiary magistrate may re- connnit 792. Where inmate possesses property. 703. Rules and regulations. 794. Hon: 3 open to inspection. 795. Judge or magistrate may exclude. 796. City Council may borrow. 797. Act, how cited. Forms. 798. Power of City Council, as to by-laws. 799. Penalty for violating by-laws or ordi- nance. 800. By-laws to be forwai-dedto Governor- j in-Council. SOI. By-laws, when approved. I 802. Record book. 803. By-laws heretofore approved. S04. Power of council, as to repeal or amendment. 805. Tenure of oHice of mayorand aldermen. 806. Place of imprisonment. ^07. Penalties in certain ca^es. 808. Prosecutions for fines, &c., Ac, &c. 809. Re-as-essment. 810. Inconsistent law repealed. lings. 8 CITY OF HALIFAX. Be it enacted by the Governor, Council and Assembly, as follows : TITLE I. Corporation. Succession and seal . City of Halihx. Wards, and the bound- aries thereof. Boundaries. Boundaries, Boundaries. I.— THE CORPORATION. 1. The inhabitants of the town and peninsula of Halifax are constituted a body politic and corporate, by the name of the City of Halifax. 2. They shall, as a corporation, have perpetual suc- cession, and a common seal, chanj^eable at pleasure, and shall be capable of suing and being sued in all courts of justice, and of acquiring, holding and conveying any des- cription of property, real, personal or mixed. 3. The town and peninsula of Halifax, and all docks, quays, wharves, slips and erections, connected with its shores, shal' be included in and called the City of Halifax. 4. The city of Halifax is divided into six wards, the boundaries of which are as follows : Number One. Commences on the harbor of Halifax at a point reached by the centre line of Morris street, extended into the harbor; thence westeily by the centre line of Morris street to Seymour street ; thence southerly by the centre line of Seymour street to South street ; thence westerly by the centre line of South street to the North West Arm ; thence by the shore south-westwardly, east- wardly and northwardly to the place of beginning. r Number Tivo. Commences on the harbor at a point reached by the centre line of Prince street, extended into the harbor ; thence westerly by the centre line of Prince street to the citadel, and through the citadel to the centre line of Jubilee road, and by the centre line of said road to the North West Arm ; thence south by the shor^ of the Arm to the northern boundary line of Ward Number One, thence easterly by the northern boundary line of said Ward One to the harbor of Halifax ; thence northerly by the shore of said harbor to the place of beginning. NuTYiber Three. Commences on the harbor at a point reached by the centre line of Jacob stieet, extended into the harbor ; thence westerly by the centre line of Jacob street to Brunswick street ; thence northerly by the centre line of Brunswick street to Cogswell street ; thence westerly by the centre line of Cogswell street to the road over the - '--"'—' ''- ■ CORPORATION. 9 common and Quinpool road to the North West Arm on the "" north shore of the land known as Horseshoe island ; thence south by the shore of the Aim to the northern boundary of Ward Number Two ; thence easterly by said northern boundary to the harbor of Halifax ; thence northerly by the shore of the harbor to the place of beginning. NuTnber Four. Commences on the harbor of Halifax at Boundaries. a point reached by the centre line of Cornwallis street, ex- . tended into the harbor ; thence westerly by the centre line of Cornwallis street to North Park street ; thence north- erly by the centre line of North Park street to Cunard street ; thence westerly by the centre line of Cunard street to Windsor street ; thence northerly by the centre line of Windsor street to Chebucto road ; thence westerly by the centre line of Chebucto road to the shores of the North- west Arm, on the south side of the North-west Arm bridge ; thence southerly by the shore of the Arm to the northern boundary of Ward Number Three ; thence easterly by the northern boundary of said W^ard to the harbor of Halifax, thence northerly by the shore of the harbor to place of beginning. Number Five. Commences on the harbor at a point Boundaries. leached by the centre line of North street extended into the harbor ; thence we.iterly by the centre line of North street until it strikes the Chebucto road at the junction of said road and North street ; thence easterly by the northern boundary of Ward Number Four to the harbor ; thence northerly by the shore of the harbor to the place of beginning. Number Six. Commences at the starting point afore- Boundaries, said for the boundary of Ward Number P^ive ; thence westerly by the northern boundary of said Ward to Che- bucto road aforesaid, and by the centre line of said road to the North-west Arm bridge ; thence northerly and easterly by the centre line of the I)i;tch Village road to the shore of Bedford Basin at a point formed by a line drawn at right angles from the junction of the Dutch Village road with the road along the basin, known as the Windsor road, extended into the basin at the Three Mile House ; thence southerly by the shore of the basin and harbor of Halifax to the place of beginning. o. The city council may, from time to time, alter the C'ty council may limits of any of the wards of the city, by an ordinance or by-law, sanctioned by the Governor-in-Council. An interval of five years shall always elapse between any such changes. ^ Wl 10 CITY OF HALIFAX. TITLE II. CITY COUNCTL. I. — Constitution of City C'oun'cil. 6. The city council shall consist of a mayor, who shall oe elected annually and shall be paid a salary of $1000 per year, and eighteen aldermen, three representing each waid. 7. The term of office for alderman for the city of Halifax shall be three years, unless he shall be elected to fill an extraordinary vacancy, in which case he shall serve for the unexpired portion of the term of his predecessor, or unless he shall resign or become disqualified. Mayor and alder- 8. The mayor and aldermen in office at the tiriie of the irhoid office""^ passing of this Act shall hold office for the term for which the^' were resfiectively elected, and successors shall be elected in the manner provided in this Act. Constitution ot city council. Term of office. I II. — Qualification of Mayor and Alderman. Qualification of 9. In Order to qualif}' a citizen to be eligible as mayor mayor and alder- Qj, alderman, he must be a natural born or naturalized male men. Oatii of allegi- ance and of office. subject of Her Majesty, resident in the city for at least one year before nomination, of the full age of twenty-one years, not attainted of treason or felony, or indebted to the city of Halifax in any sum for city taxes or water-rates, either individually or as a member of any firm or co-partnership, and must be the owner in his own right and for his own use and benefit of real estate within the city of Halifax, of the assessed value of two thousand dollars, over and above the amount of all incumbrance thereon, and must own and possess in his own right and for his own use and benefit, inclusive of such real estate or otherwise, real or personal estate or real and personal estate of the value of two thousand dollars beyond the amount of his just debts, 10. The maj'or and aldermen shall before entering upon the duties of their offices respectively, be sworn by taking and subscribing the oath of allegiance and oath of office. These oaths shall be administered to the mayor elect by the governor or administrator of the government, or.' in his absence, by the chief justice, or one of the judges of the Supreme Court, in the presence of three aldermen ; the aldermen shall be sworn by the mayor or presiding alderman. A certificate of such oaths having been taken, •i #Ai CITY COUNCIL. 11 shall be entered by the city clerk in the city minutes. The oath of office shall be as follows: I, A. B., do swear that I am duly qualified as required by law, for the office of that / art not indebted to the city of Halifax in any sum fen' city taxes ov water rates, either inclividually or as (t memherofanyflrni or co-partnership^ and that I am the owner in my own right, and for my own use and benefit, of estate in the city of Halifax of the assessed value of two thousand dollars over and above the amount of all incumbrances, and am the owner in mv own riffht and for mv own use and benefit, inclusive of the said real estate or otherwise, of real or personal estate or leal and personal estate of the value of two thousand dollars beyond the amount of my just debts, and that I have not obtained the same by fiaud or collusion to qualify myself for office ; and I swear that I will faith- fully perform the duties while I hold the office, with diligence and impartiality, to the best of my ability. So help me God. The blanks shall be filled up with the name of office, before the oath is taken or subscribed. II. No person in holy orders, no minister or teacher of P'^rsons dis- ,..' .. •' •! iir 1. qualified. any religious congregation, no judge or clerk or a court, no ministerial law officer of the Crown, no person accountable for city taxes or revenues, no person who having collected city taxes or revenues, has not settle.l fully with the city for such collections, no person in receipt of salary from the city, and no acting inspector or poll clerk at a city election, shall be eligible as mayor or as alderman. 12. No person hereafter accepting or holding any omciasandoth- office, commission or employment, permanent or temporary, ^'^^ disqutiufted. in the service of the city of Halifax, to which any salary, fee, wages, allowance, emolument, or profit of any kind is attached, shall be eligible as a member of the city council of the city of Halifax, nor shall he sit or vote therein, 13. Nothing herein shall render ineligible as aforesaid, persons notin- any of the following officers, that is to say : The mayor, a®''^''^'^' commissioner of the city board of works, a commissioner of schools, a revisor of electoral lists, or shall disqualify such persons to sit or vote in the city council, provided they are not otherwise disqualified. 14. No per.son directlj jr indirectly, alone, or with contractors and any other, by himself, or by the interposition of a trustee^ '^"'"^'^' .i.:«5S»T«^S. 12 CITY OF HALIFAX. or third party holding or enjoyinpr, undertaking, or execu- ting any contract or ajrreement, expi ssed or implied, with or for the city of Halifax, or with or for any of the officials of the city of Halifax, and for which paymet;t is to be made on* of the revenue of the city of Halifax, shall be eligible as a member olF the city council, nor shall he sit or vote in the said council, nor shall any professional man, while he is a member of the city council, receive, take or enjoy any retaining fee, emolument, or leward for any professional or other services rendered to the city, or for which payment is to be made out of the funds or revenue of the city, or be engaged in any such service for reward. Effect o; accept- 15. If any member of the city council accepts any ance of otflce, or nrs '• • • i • i. i. j • * commission, &c. omce or commission, or IS concerned or interested \x\ any contract, agreement, service or work, or being a professional man receives, takes, or enjoys any retaining fee, emolujnent, or reward, or is engaged in any service which, by the fore- going sections of this Act renders a candidate incapable of being elected to, or of sitting, or voting in the city council, or knowingly sells any goods, wares, or merchandise to, or performs any service for the city of Halifax, or for any of the officials of the city of Halifax, for which payment is to be made or fee or retainer given, out of the revenue of the city of Halifax, whether such contract, * agreement, or sale is expressed or implied, and whether the transaction is single or continuous, the seat of such mem- ber shall thereby be vacated, and his election shall thence- forth be null and void. Member of city 16. No member of the city council shall, while in council not to rvj i , , -lU ii -i. • i. e contract, &c. oihce, become a contj'actor With the city, or security tor a contractor in building, work, supplies, or business of any description ; and any member so becoming a contractor or security shall hereby vacate his seat, and his election shall thenceforth be null and void. Penalty for sit- ting or voting if die-qualifled. 17. If any person disqualified or declared incapable of being elected to or of sitting or voting in the city council by the 12th, 13th or 15th sections of this Act, or if any person duly elected who has become disqualified to continue a member, or to sit or vote under the two next preceding sections of this Act, nevertheless sits or votes or continues to sit or vote therein, he shall thereby forfeit the suiii of fifty dollars for each and every day on which he so sits or votes, and such sum shall be recoverable from him by any person who sues for the same by action of debt in- the Supreme Court. .*■ «. K M M\ CITY COU.NCIL. 13 18. Nothiiif; contained in this Act shall appl}' or Persons not in- extend to render ineligible or disqualify as a member of ,*uSii«ud°'^ '''"' thp city council : (u), Any person on whom, after the passing of this Act, the completion of any contract or agreement, expressed or implied, shall devolve by descent, or limitation, or by marriage, or as devisee, legatee, executor or administrator, until twelve months have elapsed after the same has so devolved upon him ; or (6). Any contractor for the loan of money or securities for the payment of money to the city of Halifax under the authority of the legislature of Nova Scotia, after public competition, or respecting the purchase or payment of the public stock or debentures of the city of Halifax on terms common to all peisons. 19. The city council may, by a resolution passed by a Expulsion from majority of two-thirds of the council at any meeting, '^°""'"'* expel any meinbei' of the council who shall have been guilty of disgraceful or immoral conduct after he shall have been elected to such office ; and a new election shall take place to fill the vacancy or vacancies so occasioned ; but no motion to expel a member shall be made unless at least one week's notice thereof shall have been given to the council and party accused. 20. Any mayor or alderman who shall accept any DisquaUflcation office or situation thit would have rendered him ineligible, ^Yofflcr&c."°^ shall become disqualified to act further as mayor or alder- man. 21. Any mayor or alderman, bankrupt, insolvent or Bimkruptcy, in. compounding with his creditors, shall become disqualified. 8oi^«"cy,&c. 22. The city council shall continue to have all the Jurisdiction sf juiisdiction, authority, and power which it possessed at the&cf, sc!*"""' t'me of the passing of this .A.ct, excepting in so far as the saaie are abridged or modified by this Act. 23. The mayor and aldermen while in office shall be Justices of the justices of the peace in and for the city of Halifax. peace, ex-o^c.o. 24. It shall be the duty of the mayor to be vigilant Mayor, duty of. and active at all times in causing the laws for the govern- ment of the city and all by-laws and ordinances relating thereto to be duly executed and put in force, to inspect the conduct of all subordinace officers in the government thereof, and as far as may be in his power to cause all negligence, carelessness, and positive violation of duty to .»: .^.A y^^trt\ 14 CITY OF HALIFAX. be duly prosecuted and punished, and to communicate from time to time al! 8uch information, and recommend such within the power of the council as may tend to the improvement , of the finances, police, health, security, comfort and sanitary condition and appearance of the city. Notice of elec- tion of mayor or uldciiimn. Elections, where held. Candidates, how nominated. Certificate of acceptance. III. — Election of Mayor or Alderman. 25. Ten day? before any election, notice .shall be given by the mayor, of the place or places where it is to be held, the day and hours of openinallot boxes, one for the reception of ballots for candidates for the office of nmyor, and one for the reception of ballots for candidates for the office of alderman. 47. During the holding of the poll no person shall be entitled or permitted to be present in the polling place other than the officers appointed to hold the election, the candidates to be voted for in such polling place, the inspec- tors and any elector for the time being actually engaged in voting, provided that it shall be lawful for the presiding officer to have present, or to summon to his aid, any police officer for the purpo.se of maintaining order, oi preserving] the I to or who entitj execu writii 4fi ing of or the withir is C'inp bo.\', p] keep i( 49. partme the ,sai: shall be number places. 50. to each j uniform printed IS to be of niay( distingui man, w] IP'"esidinq li'iateria/J 51 It the pol >'s name,) >" his lisf such officl ballot paf lanie of ht, but n\ '^''lere, th( las voted. 52. 'equire ispector, residing I A. b\ Section, ail nm CITV COUNCIL. 19 the public peace, and the presiding officer shall have power to order the removal of any person from the polling place who shall not be entitled to be present, or who being so entitled shall obstruct the voting, and such arder shall be executed by any police officer without the same being in writing or by warrant. 48. The presiding officer immediately before the open- PresWinc omcer ing of the poll shall show the ballot box' to the candidates box.'""'" *'"""'" or their agents, or to any such persons as may be present within the polling place, so that they may see that the same is empty, and shall immediately thereupon lock the ballot box, place it in view for the reception of ballot papers, and keep it locked until the close of the poll. 49. Every polling place shall be furnished with com- comiurtinenu partments in which voters can fill up their ballots, or enclose'"''"'""*"''''"^*'*' the same in envelopes secured from observation, and it shall be the duty of the city clerk to see that a sufficient number of such compartments are provided at such polling- places. 50. Where a poll is required the city clerk shall furnish Envelopes to be to each presiding officer a sufficient number oC envelopes of sldhi'^'offlcxM-l'^*^ uniform size and quality on which shall be stamped or printed the designation of the office for wdiich an election is to be held, save that the envelopes used for the election of mayor shall be colored or toned so as clearly to distinguish the same fiom those for the election of alder- iman, which shall be white. He shall also furnish the [presiding officer with sufficient and suitable writing [materials for ballot papers and for filling up the same. 51. When any person claiming to vote presents himself Knveiopes and It the polling place for the purpose of voting, he shall state 4*" gi?en''to lis name, and the pre.siding officer shall, if the same is found '"''^'■''• )n his list, furnish to such person an envelope foi' each of juch officers as are to l>e elected, and shall furnish a blank )allot paper, or papers if so desired, and shall cause the lame of such person to be entered by the poll clerk on his |ist, but no poll clerk shall enter on the poll book or else- diere, the name of any candidate for whom such person |as voted. 52. Every elector before he is permitted to vote shall oathcf elector. required by the presiding officer, candidate or any ispector, take the oath following, to be aetween more than two candidates having the highest number of votes, or of an equality between two or more candidates having the next to the HAtlFAX MEMORIAL LIBRARY HALIFAX, CANADA i2 CITY OF HALIFAX. highest number of vote-^, the' presiding officer shall give a vote for two of the candidates having such highes': number of votes, or for one of the candidates having next to the highest number, as the case may be, and in either case he shall declare the result of the election as produced by his Presiding otiieer shall report re- sult. Proceedings in case of equality of votes. casting vote G3. The presiding officer shall at once report to the city clerk the result of the election for alderman, and shall likewise forthwith report to the city clerk the number of votes given for each candidate for the office of mayor, and the city clerk, in presence of the council, at such time as the council shall have appointed or shall appoint, shall declare the candidate havingf the greatest number of votes to bo mayor of the city tor the ensuing year. In the event of there being an equality of votes between the two or more candidates having the highest number of votes for the office of mayor, unltss himself one of such candidates, the mayor shall, by his casting vote, decide which o*" such can- didates shall be mayor. In the event of the mayor being one of such candidates, the city council shall by vote decide which of such candidates shall be mayor, and in the event of a tie, the same shall be determined by the recorder, if any, and if there be no recorder, then by the city clerk. Presiding officer 64. No returning officer, presiding officer, poll clerk, and others not t i i. • i. .: -i.! • ii v advise. Candidate, or mspector present within the loom where an election is being held, shall, except as hereinafter provided, give to any elector a ballot to vote with, or offer or give him any advice as to the person for whom he should vote, or otherwise interfere with the voter in the exercise of his franchise, or divulge to any person the names of the candi- dates for whom any elector has voted, and any person violating the provisions of this section shall forfeit for Penalty, &c., &c. every such offence, a sum not exceeding twenty dollars, and upon non-payment thereof shall be imprisoned in the county jail, for a period not exceeding thirty day.4. Penalty for fraudulently voting, &c. 05. Any person knowingly and wilfully voting at any election he'd under this Act not being entitled to vote, or any person fraudulently tendering more than one ballot when voting, any person fraudulently otFering or tendering a forged certific'e or receipt for taxes to any presiding officer at such election, or fraudulently offering to such presiding officer a tax certificate or receipt other than his own for the purpose of being permitted to vote at such election, and any person offering or attempting to vote under the assumed name of any other elector, shall for each CITY COUNCIL. 23 offence forfeit a sum not exceedinfj fifty dollars, and upon non-payment thereof shall be imprisoned in the county jail for a period not exceeding six months, provided that no such penalty nor imprisonment, nor the conviction for any such offence, shall operate as a bar to any other penalty, prosecution, or criminal proceeding whatever to which such person so offending would otherwise and but for this Act be liable. GG. After an election for a mayor is held, until the new Functions of mayor sha'l be declared to be elected, and shall have been forili,°ed *'pe* cfin^j? sworn into office, the mayor previously in office (or if there '-'*^'^^*'°"- be a vacancy, the alderman presiding in the citj* council), shall exercise the functions of mayor. 07. The result of every election respectively of mayor Publication of re- and alderman, shall be published in the next Royal Gazette^^^^ eection. after the election. 68. The presiding officer at every election, shall have Peace at eiee- power to preserve peace, order and decency. All pe rsons served.*' *^ ^"^^ present are bound to obey him in so doing; and he may commit any one offending in this respect. The offender shall be sent to the city prison for twenty-four hours. 09. An election held under this Act shall not be invali- Election not to dated if in the opinion of the tribunal befoie which the ^c., s^"''^*''''' validity of the election is contested, the election has been conducted accoriling to the general principles of this Act, if the party declared elected has received a majoi v of the votes cast at such election. 70. The validity of any election of mayor or alderman, validity of eiec- or want of qualification, or his disqualification subsequent, \'?;,4^'^°"' ''^'^'■' to his admission to office, may be tried and determined in a summary way before a judge of the Supreme Cjurt sitting at chambers or in court in the city of Halifax, provided Proviso, that nothing herein or in the six following sections contained shall be construed to hinder or lessen the right of the city council to declare vacancies in said office from death, resig- nation, exemption, o" absence, or to declare the seat of any member of the council vacant for disgraceful or immoral conduct while a niember of the council. 71. Within twenty-one days after any election, or Proceedinirs in within three months after any alleged loss of qualification, S„*g*„^||J'a'|ifl"J'^'! any citizen may present a petition to a judge at chambers of •^•o"- the Supreme Court, briefly stating his objection to the election of any mayor or alderman, or the facts of the 24 CITY OF HALIFAX. Judges may make rules. Summons, how headed. alleged los.s of qualification (such petition to be verified by the affidavit of the party making the same, and to have endorsed on it a certificate by the prothonotary or bis deputy that the petitioner has paid into court the sum of $100 to cover probable costs), and thereupon the judge shall grant a summons in the form of an originating summons, calling upon the mayor or alderman complained of to shew cause why his election should not be set aside or his seat declared vacant. 72. The judges of the Supreme Court may make rules for the forms to be used and the procedure to be followed on such applications, and until such foims are prescribed and procedure made, the proceedings will be carried on as nearly as may be as pioceedings are now carried on by originatintr summons under the Judicature Act in the Supreme Court. 73. The summons may be headed "in the matter of the election of mayor (or alderman) of the city of Halifax (or of ward in the city of Halifax). (A. B., Petitioner, Directions as to notices. Duty of city council after judicnient. Appeal. Vacancy, how filled. Between and ( C. D , Respondent 74. The judge may direct such notices to be given and order such evidence to be produced, and direct either party to pay such costs, as he may think just. 75. The city council on receiving a certified copy of the judgment by said judge on such application, or a copy of the order of the court on any appeal therefrom, shall immediately give the necessary directions and notices, for a new election, or for the proper enforcement of such judg- ment or order, as the case may require. 7C. An appeal shall lie in all cases from the judgment of the judge at chambers to the Supreme Court in banco in the same manner that other appeals are now taken from a judge at chambers to the full court, and the judge appealed from or the court of appeals may direct a stay of proceedings pending such appeal. IV. — Vacancies. 77. If any extraordinary vacancy occur in the oflSce of mayor or alderman, on a day fixed by the mayor, or if it be a vacancy of mayor, by the presiding alderman, after at least four days' notice, the voters shall elect a qualified person to fill the vacant oflfice. of o to a CITY COUNCIL. 25 78. During the temporal absence of the mayor, or his outieg of mayor, incapacity from sickness or other cause, the eity council duHng'^abseMce, shall appoint one of their number to be presiding alder-**'-*'' man, who shall during such absence or incapacity have and exercise all the functions of mayor of the city. 79. The election for a vacancy shall be conducted in Election for va- all respects in the same manner as ordinary elections under cucted.°*''°" this law. 80. All officers of the city who shall go out of office ReeUction of shall be capable of immediate re-election, if then qualified ° as required by law ; provided that no person shall fill the office of mayor for more than three years, until at least one year after the termination of his last occupancy. 81. Any alderman mav resign office at the expiration Resignation of „ ^ •', . i. " !,• I'i. 1. ' • o*«;e of alder- of two years service, or at any time after two years service, man after two upon giving one months' notice in writing to the mayor of ^""^ service. his intention of so doing, and the vacancy so occasioned shall be filled up as other vacancies now are. 82. Any alderman may resign office on payment of '^^''^"**'°"jj °' eighty dollars to the city, or by leave of the council, upon man. twelve of the members concurring in council in an open vote for that purpose. The resignation shall be in writing and signed. 83. Any mayor, alderman, or other officer, who shall Resisnation obtain an office or position which would exempt him from eVning obtains serving in the city office he holds, may resign his city office '^*''^" by written declaration, delivered to the clerk of the city, without being bound to pay any fine or penalty. 84. Absence of the mayor from the city for more than oSoTd 'b?°' one month, and of an alderman for more than three months, absence, shall vacate their offices ; unless in case of serious illness, or special leave previously obtained from the council. 85. All special vacancies of office from death, resign a- special vacan- tion, exemption, or absence, shall be declared by resolution ciared. of the council before proceeding to fill up the vacancy. V. — Penalties for not serving. 86. An alderman who shall neglect duty for the space Penalty for ne- of one month, unless excused by the council, shall be liable ^'*°*"^ "*^" to a penalty of ten dollars. 26 CITY OF HALIFAX. i-orfeitnre i. S7. Evdv persoM dulv (lualifieil wlio .shall bo appointed owe o( refusal i i. i . /^i n. c " i i i it to accept oiBce. or electecl to the ottice or mayor or alaernian, shall accept the office, or forfeit and pay to the treasurer of the city, to / and for the use of the city, a fine of one hundred dollars. Election, pre- BUiiiptive evi- dence of (lunli- fteation. Fine for neglect or refusal to ijualifv for of- fice. Where person disabled by bick ness, lunacy, &c Naval and mili- tary men and others e^eiitpt SS. The election to any office shall be presumptive evidence of qualitieation on the part of the person elected, unless he make oath before the mayor that he is not possessed of the qualification for the office recjuired by this Act, in some particular to be stated in such oath ; and every person so elected shall a,ceept such office by taking the oath of allegiance and oath of office within five days after the notice of his election, unless good excuse for delay in taking such oath be given to the satisfaction of the city councilor shall be liable to pay the fine for his non-accept- ance of such office ; and such office shall thereupon be deemed to be vacant, and shall be filled up by a rtew election. 80. The city council may impose a tine nt)t exceeding twenty dollars on any fireward, or person appointed by the board of health, or any other officer nominated or elected by the city council, upon whom no specific fine is by law imposed, who shall neglect or refuse to qualify himself for the same, or refuse the duties of such office agreeably to this Act, and in default of payment of said fine such person shall be imprisoned in the citj'^ prison for not more than thirty days; provided always that no such officer shall be obliged to serve continuously more than one year in the same office or shall be liable to any fine for not serving in the same office for a peri.xl of five years after he has served cr paid such fine. 90. No person disabled bj' sickness, lunacy, or imbe- cility of mind, shall be liable tg such fine for non-acceptance of city offices. Every person so elected who shall be above the age of sixty-five years, or shall already have served such office, or paid the fine for not accepting such office within five yeais preceding, or who shall have served for two years as a member of the city council : also every person who shall be a member of the Senate or House of Commons of the Dominion of Canada, or of the legislature of this province, or who shall be a member of the Executive Council or of the Legislative Council, either in this oranv other of Her Majesty's provinces, if such exemption be claimed within five days after notice of his election, shall be exempted from office. 91. Military, naval, or marine officers, and soldiers, sailors, or marines, in full pay, officers and employes of the departinent of railways, or of any railway company, the CITY COUNCIL. 27 has vson lions this ancil er of imed 1 be :liers, f the the cleiks in the public oHices of the province or of the army, navy, or war flepartments, the operators and me.ssenaers of telegraph office, the postmaster of Halifax, and the post office clerks and letter carriers, the sheriff and deputy sheriff', tlie coroners, the clerks and officers of the Executive Council, Legislative Council, and House of Assembly, and all school masters, sliall be excused fiom serving in any city office, and not subject to fine for declininj^ the same. VI. — Rules of Council. 92. The city council shall meet whenever sinnmoned Meeiin«*of city c )U'.icil. by the mayor; and it shall be his duty to call the council top^ether whenever business requires. The mayor or pre- sidintj alderman shall preside at such meetings. 93. The (juorum of the council shall consist of theQuormi!. mayor or presiding alderman and ten aldermen, or if no presiding alderman has V)een appointed and the mayor is absent or incapacitated, eleven aldermen. 94. It shall be the duty of the mayor to call a special special meet- • meeting of the council whenever lequired in writing so to'"*^"' °'''""^ *"' do by five or more members of the council, such writing to specify the purpose for which the meeting is to be called, and in case the meetinrf is not called within 24 hours the requisitionists shall direct the city clerk to call the meeting. 95. The mayor shall always give at least two days* ^'ot'';e of meet- notice of each meeting, specifying the hour and place of meeting. The notice shall specify in a general way the business to be transacted, and shall be signed by the city clerk or his assistant. The notice shall be left at the usual Notice, how abode or place of business of every member of the council.*^"®"* And when a meeting is called by the requisitionists, the notice callino the meeting shall be signed by the city clerk, and shall give the names of the requisitionists, and shall specify the business for which the proposed meeting is called, and shall be given within the time and served in the manner above mentioned. 96. At the time appointed for any meeting if ten Proceedings minutes shall elapse withouta quorum appearing, the alder- quorum. men present shall meet and adjourn the council, or extend the time for the meeting for a half hour, when if a quorum be not present the council shall stand adjourned. 97. In all meetings of the council a majority of thewhen majority , , " , ,. 1 11 1 i ' • .11 shall determine. member.^ present at such meetings shall determine all questions and matters submitted or under consideration, 28 CITY OF HALIFAX. provided that the number at the said meetinpr.s be not less ProvUo. than ten besides the mayor or chairman ; but if any Act of the legislature or oidinan i of the city require any matter or thintj to receive the sai jtion of two-thirds of the council, it shall mean twelve out of the eighteen aldermen, though the whole council may not be present, unless otherwise provided in the Act or ordinance. Minutesof pro- ceedings, now kept. Duty of clork or assistant. 98. The minute.s of the proceedings of all meetings of the council shall be drawn up and fairly entered in a book to be kept for that purpose, and shall be signed by the mayor or the alderman presiding at such meeting. The minute book shall be open to the inspection of all persons qualified to vo^e at the election of mayor or alderman. All meetings of the council shall be held in public. 99. The clerk of the city, or his assistant, .shall take minutes of the votes and proceedings of the council, enter- ing thereon all resolutions and motions passed, with the names of the u^jver.s and seconders, and shall notice therein reports, petitions and othei* papers submitted to the council, only by their titles or a brief description of their purport ; but all accepted reports shall be entered at length, and the minutes shall be fairly copied into the books of the council and indexed. Custody of re- 100. The citv clerk or his assistant shall also have the &af ic^^"*' custody of all records, documents and papers of the city, except the bonds or .securities of officials. Bills or demands against city. Expenditure of money, hoA- authorized. Approval of mayor, liow 8i&:nified. 101. No bill, demand or account against the city, except where the amount does not exceed forty dollars, shall be approved, paid or audited, unless it be for supplies or services ordered by the city council, or under their authority, or that of .some expre.ss law, ordinance or resolu- tion of council. 102. Subject to the provisions of the 104th sect'.^n of this Act, no resolution, motion, or vote of the city council of Halifax authorizing the expenditure of any .-^um of money, or the making of any contract involving the expenditure of any money from the city treasury, shall have any force or effect unless it shall receive the approval in writing of the mayor as hereinafter provided. 10:1 The city clerk, or other officer acting as clerk at any meeting of the city council, shall immediately after such meeting of the council place before the mayor the CITY COUNCIL. 2!) official record or minutes of snch nieetiair, and shall indi- cate by some distinct mark all resolutions, motions, or votes of the character leferred to in the 10 1st section of this Act. If the mayor appiove of such resolution, motion, or vote, he shall signify such approval in writing with his signature in the minute. If he disapprove of any such resolution, motion or vote, or of any item forming part of such resolution, motion or vote, he shall signify his disap- proval in like manner. , 104. At the first meeting of the city council after a Digapprovai.how disapproval by the mayor as provided for in the foregoing '^*****' section, the mayor shall by message in writing inform the city council of his disapproval, and of his reasons therefor. Thereupon the council shall forthwith take such message . into consideration, and if such resolution, motion or vote be confirmed by a two-thirds vote of the whole number of the council, then such resolution, motion or vote, shall have • full force and eti'ect, notwithstanding the disapproval of the mayor. VII. — COMxMITTEES. 105. The following standing committees shall be standing com- annually appointed as soon after the election of aldermen '"'"**^*- as may be convenient, viz. : — (1). Board of commissioners of city works. (2). Commissioners of Halifax common. (3). Public Account*. (4). Cemetery. (5). City Prison. (6). Laws and Privileges. (7). Police. (8). Sanitary. (9). Tenders. (10). Hacks and Trucks. (11). Library. (12). Charities. 106. Any other standing committee ma}' be appointed other standing that the council may deem necessary, and the council appointld?''^'^^' may fiom time to time appoint all such special committees as they may see fit for the purpose of incjuiring into and reporting upon any matter referred to them. ^ 80 CITY OF HALIFAX. Coniiiiittet'i.licw noiiitnated. Chftlriiion cf. Coniinittee, quorum of. 107. The mayor shall nominate all cojnniittees, includ- ing the board of coniuiissioneM of city works (but not including the members appointed by the council to the school board), subject to the approval of the council. The council .shall have the power by a majority vote to reject the mayor'.s nominee, and to appoint another alderman in his .stead, and ali^o to remove any committee, including the board of commissioners of city works or any member thereof, by a majpiity vote. The first named niember of every committee shall act as chairman ufitil a chairman is appointed, as in .section 110 provided, and shall call the connnittee together within three days. 108. When a committee is composed of six or any larger number, one half the members of such committee shall be a quorum, unless the council otherwise order. When compo.sed of any smaller number than six a majority of the membois shall constitute a quorum, unle.ss the council shall otherwise order. Vacancy, how 109. A vacaucy in any committee can be filled at any meeting by resolution without giving any previous notice of motion. Chairman of, hiiw ultcted. Report of com- mittee. 110. When the committee meets they shall elect their own chairman, subject as to the board of works to the provisions of section 425. In the absence of the chairman at any regularly called meeting, the quorum of the com- mittee present may appoint a chairman 2^''^ tempore. Every committee shall report to the council on all matters referred to them within one fortnight, under penalty of censure, unless the council grant further time. 111. The report of every committee .shall be in writing, signed by the chaiiman, or in his absence the acting chair- man, when passed unanimously ; but when there is a difference of opinion, the report shall be signed by all those who concur in it. The minority may also respec- tively report their views in writing to the council if they think fit. Report, how car ried into eflfeet. 112. It shall be the duty of the mayor to cause all matters recommended by any committee, and whereon their reports have been adopted and approved iti city council, to be carried into full effect. In case of cen- sure. 113. Any member or members of a committee censured by the council shall not have the right to speak or vote in council until the censure is removed by the council. CITY COUNCIL. 81 1 14. When nnv mernlter under cen.sure atteinpt.s to i'ur»on» under speak or vote »n council, or in any way interrupts the removed nieotin}.'. the mayor may order tlie city inarHhal, or any police orticer piesent, to remove him from the council room. VIII. — City Offk'Ers. 115. Excepting the city recorder, city treasurer, city t'crt»'n omeers clerk, city engineer, city collector, and city auditor, and city assessors, who shall liold office as hereinafter provided, all the officers whom the city council has power to appoint, shall be elected and appointed on the second Wednesday of May in every year hy open voting, or at pny sub.so<|uent meeting or meetings of the city council, and such officers shall hold office for one year, and shall be eligible for re-election. 116. The recorder, city treasurer, city clerk, city col- nocordtr, trea- lector, city assessors, city engineer, and auditor, in office at "ecTo'r, assessor! the passing of this Act, shall remain in office until they ;j'j'j^'J''^J'5'^,^','j'^.'*^^- respectively resign their appointments, or are dismissed as how fiiiwi. hereinafter provided, or until their offices are vacated by their decease. The city council may, at any meeting called for the purpose, by a two-third vote of the whole council, dismiss any of the said officers for good cause ; but such dismissal shall not take ett'ect until after the expiration of three months from the date of the meeting at which the vote was passed, unless the city council shall, by such vote direct an immediate dismissal, and .shall pay the officer so dismissed three months' salary in lieu of notice, but no officer dismitised for misconduct shall be entitled to hold office after such dismissal. All vacancies in the office of city treasurer or city clerk, shall be filled up by the city council within thirty days after such vacancy occurs. ap- 117. The city council shall appoint annually within certain other of the city all township ard other officers, who were formerly pdtued. °^^ "'' nominated by the grand jury and appointed by the sessions, so long as the laws respectively under which such officers acted remain in force, or are substantially re-enacted ; the officers appointed shall exercise their function.* within the city only. 118. The city council may by by-laws regulate the Fees and eom- e , •'. , ^ J J ^ a pensation how rees and compensations they are to receive, and may, ii regulated. they see cause, omit or suspend the appointment of any of those officers. 32 CITY OF HALIFAX. Additional offl- 119. The City couficil may, at any time, appoint, beside pointed! *"*' the present Oncers, ^uch additional otiicers of any kind as they may deem necessary or expedient to carry out the powers vested in the city corporation by law, and may remove any such officers at pleasure, and appoint others in their places. Election of offl- 120. If the city council shall not complete the election- pteu-d°" *""" of officers on the day appointed, they may do so at any adjourned or special meeting afterwards. Excuses, how established. 121. No person elected or appointed to fill any office, shall be excused on the ground of ill-health or physical inability to discharge the duties thereof, unless he shall establish the fact on which he relies to be excused, by an affidavit in writing, to be sworn to before the mayor or an alderman, and delivere'l to the city clerk or his assistant. Council shall 122. The city council shall prescribe the duties of all presc. ibe duties, ^fl^^jgj.^ of the city by by-laws, wherever the law has not expressly appointed and prescribed their functions. Officers shall ifive 123. All officers of the city shall give security, by security. bonds with good sureties or otherwise, as the council shall direct and approve, and it shall be the duty of the council to demand such securities from ever}' officer who collects or receives moneys for the city, or has the special custody of property or funds of the city. Bonds and se- curities, 124. All bonds and securities taken in the name of the city or for its security, shall, before being laid before the council for approval, be submitted to the recorder, in order that he may certify that he is satisfied with the form in which they are drawn, and also of the regularity of the execution. Custody of bonds and securities. Otflcers may con tinue in office. 125. Such bonds and securities after being so approved by the recorder and city council, shall be handed over to the mayor, and shall remain and be in the personal custody of the mayor for the time being, and the mayor shall be personally liable to the city in a civil action for any loss that shall be occasioned to the city by reason that any bonds or securities required V)y law or by by-law or resolu- tion of the council to be given by any officer are not given or renewed as so required. 126. Every officer of the city, although appointed or elected for one year, or other term certain, shall continue until removed either by an express vote of removal passed ESir«r7?r»CT3S>r -TuSSTSSa CITY COUNCIL. . 38f hy the city council, or l)y the election or appointment of a successor, and until sucii successor shall l)e sworn iiito office and have given bonds thereof to the satisfaction of thf city council ; and the bonds of any city officer, though given tor one year only, shall be in force to make the party and his sureties liable for all acts, receipts, and omissions of duty which may occur in the interval until the new officer is sworn in and his bonds are approved by the council, and a copy of this clause shall be endorsed on or attached to every such bond. 127. Whenever the city council think it necessary that officers witf..>foa any of the officers of the city shall be restricted from l>eing J,",8g°*^^'' ^'"*'' engaged in business of any kind which thev conceive incompatible with the efficient and satisfactory performance of his duties of office, they shall have power, whether by by-laws or resolution, to impose conditions to prevent the engagement or connection of their officers with any busi- ness or occupation they think objectionaVde, and to annex fines, suspension or forfeiture of office to any disobedi- ence therein. ' 128. Any person not duly qualified and appointed Penalty for ns- who shall assume the duty or presume to exercise the plXmnnl^func- functions of any cit}'^ office (or of any office the appoint-*'"'"* "' °"'<'*'*- ment to which is vested in the city council or the mayor), shall pay a fine not exceeding forty dollais with costs, and on not paying the same, shall be couunitted to the city prison for a term not less than ten days nor more than ninety days. Any officer who having been lawfully dis- missed shall continue to act as in office shall be liable to the same fine, and iu default of payment to a like imprison- ment. 129. No officer of the corporation shall while in office offl,er not to become a contractor with the city or any committee of thep"^"''';^'*^^^''^ city council, or security for any such contractor in building, work, and supplies, or business of any description. 130. No person while a member of the city council Members of city shall 1)6 nominated for or appointed to any office of emolu- I,'i'"'7or'''(eiuin ment in the gift of said council, with the exception of school °^^'^^l'' "' '''"°'"" commissioner, a member of the city board of works, city health board, or revisors of electoral lists. 3 ^ 34 CITY OF HALIFAX. Recorder. Duties of re- corder. TITLE III.. ' LAW, POLICE AND PUNISHMENTS. I.— Recorder and Stipendiary Magistrate. 131. The recorder shall be a barri.ster of the Supreme Court of Nova Scotia, of at least five years' standing, and shall receive a .salary of twelve hundred dollars a year. Before entering upon othce he shall be approved of by the Governor, and sworn before the Governor or Chief Justice, or any judge of the Supreme Court, to the faithful dis- charge of his duties.. 132. The recoi'der shall afford legal advice and assist- ance to the mayor and council of the city in the performance of their respective offices, and when requisite, in the business of the police court ; shall attend all meetings of the city council when required, and shall take charge and management of all legal business connected with the affairs of the city, shall diaft and revise all legal documents required by the city, and shall act as counsel and attorney for the city in any suit in the provincial courts to which the corporation is a part}'. 183. There shall be a stipendiary magistrate for the city of Halifax, who shall be a barrister of the Supreme Court of Nova Scotia, and of not less than five years' standing, and shall be appointed by the Governor-in- Council, and shall not fill any other office or practice his profession. Salary stipend- 134. The Salary 01 the said magistrate shall be two larymaiTistrae. t|-jQi,sand dollars per annum in full of all services, to be paid out of the funds of the city of Halifax. stipendiary niagiiitrate. How sworn in. Deputy, how ap- pointed. . 135. Such Stipendiary magistiate shall be swo n into ( tffce to the faithful discharjjc of his duties before the Lieuteuarit-Governor, Chief Justice, or any judge of the Supreme Court, and shall hold office during good behaviour. 136. During the illness or temporary absence of the .stipendiary magistrate a deputy stipendiary magistrate, to be appointed by the Governor-in-Council, shall have and exercise all the powers and runctions of the stipendiary magistrate during said illne.ss or temporary ab.sence. Such deputy shall be appointed from a list of thi'ee persons placed before the Governor-in-Council by the stipendiary LAW, POLICE AND PUNISHMENTS. 35 mag^istrate, liaving the same qualifications as required for the ofl^ce of stipendiary niao^istrate, and all the powers of such deputy shall cease and deteiiiiine upon the recovery or return of the stipendiary magistrate, except as to any causes remaining undetermined at the date of such recovery or return. II. — CrTY Court. 137. There shall be a court for the trial of civil causes, citycivii court, which shall be presided over by the stipendiary magistrate, or by the deputy stipendiary magistrate in the cases in section J 36 provided. The city clerk shall be clerk of the court. 138. The city court shall have cognizance, power, and Jurisdiction of jurisdiction to try and determine in a summary way with-'^"^^ *'°""" out a jury, all civil actions on contracts in which the whole cause of action or dealing shall have arisen within the city of Halifax, or in which the defendant resides in the city, in which the cause of action does not exceed eighty dollars, and for all balances not exceeding eighty dollars upon accounts stated and settled previous to suit ; and all such civil causes, where the amount originally due has been I'educed to eighty dollars or less by payments of cash. The court shall also have jurisdiction to try and determine in a summary way without a jury all actions ex delicto, inc.uding actions in the nature of trover, detinue, replevin, assault and battery, libel, slander, trespass on lands or buildings or other real estate, in which the title or rlijht of possession is not the object of controversy ; piovided the causes of such notions originate within the city, and the damages ciaimec in any such cases do not exceed fifty dollars ; and where the defendant shall prove a set-ofi' or counter-claim of greater amount than the plaintiff has proved, may give judgment in favor of the defendant for costs, or for the balance due him as the case may be, pro- vided said balance does not exceed eighty dollars. 139. The city court shall have power to issue process I'ower to issue into, and have the same served in any part of the province '^'^°''*** of Nova Scotia by any constable of the town or county in which the process is served, and such service shall in all cases be made to appear by oath or affidavit of the officer serving the same, made before any justice of the peace or stipendiary magistrate. 140. in like manner the said court may decide cases Sjuiiuns uaif.s. of seamens' wages, where the sura claimed does not exceed eighty dollars to any one master, mate or seaman, provided 3G CITY OF HALIFAX. Where magis- trate disquali- fied. the voyage for which the wage.s are claimed begun or ended at the port of Halifax, or in case of any other kind of voyage the owner of the ship, ma.ster or other party made defendant therein is a resident of the city of IJalifax ; and in any such suit two or more plaintifts may join, if their claims of wages arose on the same voyage in the same vessel. Forms. 141. The city court .shall in civil causes use as its process, writs of summons, capias, execution and subpoena, issued by the clerk, under a stamp or seal, which the said court is hereby authorized to make and use, and in such forms as have been used or shall be established by the cioy court, and directed to the city marshal, and such proce.ss so directed may be served by any .policeman, constable, or peace officer. 14'2. All suits brought in the city court, in which the stipendiary magistrate is disqualified from any cause from acting as judge, shall be tried before the recorder of the city of Halifax, who, for that purpose, is hereby clothed with all the powers and jurisdiction of the stipendiary magistrate when acting in the capacity of judge of the city cou rt. 143. The city court shall try every cause that is con- tested upon the examination viva voce, or by the evidence and depositions of witnesses about to leave the city, aged, infiim, or otherwise unable to attend the court, examined and taken de bene esse before either the recorder, the stipendiary magistrate, or any commissioner of the Supreme Court for the county of Halifax. 144. In civil causes, depositions of witnes.ses who are about to leave the citv,or who are aged, infirm or otherwise unable to attend the court, may be taken before the recor- der, the stipendiary magistrate, or any commisioner of the Supreme Court for the county of Halifax on twenty-foui' hours' notice being given to the adverse part}' ; and any party, upon shewing cause by affidavit, may obtain from the rei >rder, stipendiary magistrate or commissioner, an order in such terms as the officer shall think fit, to compel an unwilling witness in such cases to give such evidence. Co.rtfortrjaie. 145. Hereafter the city court shall be held for the trial of civil causes on the second and fourth Wednesdays of every month; and may sit by adjournment from day to day until the list of causes ready for hearing is gone through. Evidence, hew taken. Examinations " de bene esse. 0- >■') *■■ LAW, POLICE AXD PUNrSHMENTS. 87 146. Confession in writing or verbally friven in oper* Confessions. court may be recorded by the clerk, and juu>,'ment given thereon. 147. If the plaintiff or any person on his behalf shall Affidavit to hold before, at, or after the cotninenceinent of an action in the'"'"'"' city court, make an affidavit showing that the defendant is indebted to the plaintiff in a sum within the jurisdiction of the city court, that the defendant is then within the county of Halifax, and that the deponent has probable cause for believing, and does believe, that the defendant is about to leave the said county, and that he fears the debt will be lost unless such defendant is forthwith arrested, the plaintifi* shall be entitled to have a writ or writs of capias issued out of the city coyrt for the airest of such defendant. And in said affidavit the grounds of* the deponent's belief need not be stated. 148. The office! to whom said writ of capias is service of capias, delivered to be served, shall forthwith proceed to arrest such defendant, and shall convey him to the county jail, and he shall then be detained in custody unless and until he shall give a bail bond to the plaintiff, with sufficient sureties, conditioned as heieinafter provided. 149. In the absence of the stipendiary magistrate from cierk may take the city the city cleik shall have power and authority to***^^*^'^' take the affidavit of any person whereupon a capias is to be issued, and to subscribe the jurat thereto; and shall have all the powers in relation thereto of the stipendiary magis- trate. loO. The bad bond to be hereafter taken upon any Bail bond capias issued out of the city court, shall have the obligation or bond in the usual form (from the defendant and two sureties to the plaintiff), and the condition shall be in the words or to the effect following : The condition of the fore- going obligation is such that if the above bounden A. B. (the defendant), do appear in the cit)'- court, at Halifax, on the Wednesday of , to answer to the suit of the plaintiff, and in case judgment shall be obtained against the said A. B, if he shall satisfy such judgment, or hiiall render himself or be rendered by the said C. D. and E. F., or one of them into the custody of the city marshal of the city of Halifax, then the said obligation shall be void, but other- vvi.se shall remain in full force ;ind virtue. 151. Any bad bond heretofore given to the citv mar- Haii bonds here- • n */ toforc tfi veil 1 shal shall, on breach of the condition, whether such breach be 38 CITY OF HALIFAX. Affidavit?, how sworn. before or after the passing of this Act, be assigned to the plaintiff by the marshal by endorsing the name and office of the marshal thereon, and thereupon action may be brought on such bond in the city court at the suit of the plaintiff' to enforce the penalty of the bond. 152. Affidavits to be read in the city court may be sworn before the stipendiary magistrate, the city clerk, or any commissioner of the supreme court for the county of Halifax. Fees to be taxed. 153 The following fees may be taxed by the stipen- diary magistrate or other officer presiding in the civil court in civil causes, that is to say ; attorney's fees in all con- tested suits where the cause of action is more than ten dollais, the same as are taxable' in causes in the county court where the amount claimed is under eighty dollars. •In undefended suits where the cause of action is over twenty dollars, the attorney of the plaintiff, where the plaintiff appears by attorney and obtains judgment, may be allowed two dollars and thirty-five cents, to be taxed by such stipendiary magistrate or other presiding officer. Counsel fee certain cases. Defendant may pay or tender. in 154. The stipendiary magistrate may allow and tax a counsel fee not to exceed six dollars in any contested suit, where the cause of action is more than ten dollars ; and in cases of torts where the amount recovered is less than ten dollars may, if he be satisfied that said tort was wilful and malicious, allow a counsel fee not to exceed six dollars. 155. Notwithstanding the two preceding sections a defendant shall be at liberty to pay to the clerk of the city court, or pay or tender to the plaintiff or his attorney, the amount of the debt sued for at any time before the opening of the term of the court, at which such defendant is sum- moned to appear, without being liable for any costs beyond the necessary court fees actual V paid by or on behalf of the plaintiff; provided the plaintiff does not succeed in obtaining final judgment for a lai-ger amount than the sum so paid or tendered. Orders 7im 156. The Stipendiary magistrate may at any time grant orders nisi returnable before the city court at its next sittings, staying proceedings on execution or setting- aside writs or other proceedings, on such terms as to security as shall be just. Amendment. 157. The city court shall have the same power of amendment of pi'oceedings therein as the supreme court or any judge thereof has in causes in the supreme court. sum- time at its netting !curity hver of )urt or LAW, POLICE AND PUNISHMENTS. 30 158. The .stipeiuliaiy mafjistrate shall make rules Hta-inittb ami 1 IT . 1 1 •! •. v>racticc. respecting the pleacnnfjs, practice and procerlure in the city court, and may pi escribe and adopt forms of writs, pleadings and all other proceedings therein. 159. An appeal shall lie to the county court from the Appeal, judgment of the city court in all cases on the appellant, or in his absence his agent, making an athdavit in writing that he is flissatisfied with the judgment, and feels aggrieved thereby, and that such appeal is not prosecuted solely for the purpose of delay. The affidavit shall be filed with the city clerk on or before the day following the last day of the term in which the cause is tried; and the patty so appealing or in his absence his agent, shall within two days after said last day of term enter into a bond with two securities in a penalty not less than double the amount of the judgment, and not in any case less than twenty-five dollars, with a condition that the appellant shall enter and prosecute his appeal in the county court, and shall perform the judgment of the said court, and shall pay the amount of the judgment and all costs of the county court, or shall before the first day of the term of such court, pay the amount of the judgment, together with all costs thereon subseqnentl}' accruing, which appeal bond shall be prepared by the city clerk if so requested by the appellant, and shall be in the form in schedule. 160. When any person has been heretofore committed indigent debt- to goal under any writ of execution or mesne process issued ^' from the city court, the stipendiary magistiate shall and may extend to such person the benefit of any law that may be in force for relieving indigent debtors from imprisonment. IGl. The following court fees shall be taxed and court fees, scale allowed in the city court, viz: Fees due to the city, to be received by city clerk, and paid over to the treasurer of the city. On summons 40 cents On capias and affidavit 70 cents On trial and judgment 1 dollar Tlecognizance or leplevin bond 40 cents Subpwna 10 cents Execution 20 cents Serving summons, execution or capias, including travel 35 cents On a dischaige from arrest with or without bond 40 cents On all moneys collected and paid over by the city marshal under execution, five per cent. mmAu 40 CITY OF HALIFAX. Police office. Stipendiary or dejtutv shall atti'iid daily. fll. — Pkovisions Respecting the Police Court. 102. There shall be a police olRce in the city as hereto- fore estahlished, or as may hereafter be established, by the city council, where all the police business of the city shall be transacted. 1G3. The stipendiary magistrate, or in such cases as hereinbefore provided the deputy stipendiary magisttate, shall attend at such police office daily, oi- at such times and for such period as may be necessary for the disposal of the business biought before him as a justice of the peace, or as a stipendiary or police magistrate, and shall have, possess and exercise all the jurisdiction, power and authority necessary for the apprehension, committal, conviction and punishment of ciiminal offenders within the city over which justices of the peace, stipendiary and police magis- trates have jurisdiction, and for the carrying into effect the provisions of this Act and of the laws in force in and the by-laws and oidinances of the city. cieik ef police 104. The city clerk, or such other person as the council °^'^^' shall appoint for that purpose, shall be the clerk of the police ofHce, and shall perform the duties of clerk of the stipendiary magistrate. Police office re- coid book. Actions and prosecutions for penalties. 165. There shall be kept in the police office by the clerk thereof, a book to be called the " police office record book," in which shall be set down the names of all persons against whom charges are made in said office, the name of the person making the charge, the offence charged, and the manner in which, and the p'.rson by whom, the said charge is disposed of. 166. All actions and prosecutions for penalties for the breach of any of the provisions of this Act, or of any Act which may be hereafter passed in amendment thereof, or of any Act of the legislature of No"a Scotia in force in the city, or of any by-law or oidinance of the city, maj'^ when not otherwise provided, be prosecuted by the city or any officer thereof, or any per.^on who may prosecute thprefor, and shall be laid by information or complaint before the stipendiarj' magistrate of the city, who is hereby invested with full jurisdiction, power and authority to hear, try and determine in a summary way without a jury all such prosecutions, and do all such acts, matters and things as are required or necessary to be done to enforce and collect such penalties and forfeitures, and when not otherwise provided LAW, POLICE AND PUNISHMENTS. 41 the like proceedings shall and may be had and taken for enforcing and recovering the penalties and forfeitures, compelling the attendance of parties or witnesses, hearing the complaint, and for the conduct of the court, the taking and escheating of recognizance, and the infliction of the punishments and otherwise in respect thereof, and the stipendiary magistrate shall perform the like duties in respect thereof, and in respect to any conviction or order made by him by virtue of this Act, oi- of any Act in force in the province, or any law or by-law of the city as under chap. 103, Revised Statutes, " Of Summary Convictions and Orders by Justices of the Peace," might be had or taken or should be performed; provided, however, that appeals Appeals, from the decision of the stipendiary magistrate shall, except as may be otherwise piovided, be to the county court of of the county of Halifax. Provided, also, that it shall not be neces.sary for the stipendiary magistrate to make any return of convictions made by him as aforesaid to the clerk of the county court, or to the clerk of any other court, but said convictions shall be filed in the police office, and a certified copy thereof made by the city clerk shall be evidence thereof in any court upgn the tiial of any cause. 167. All fines, forfeitures and fees collected or received Paymentofflnes, in the stipendiary magistrate's court, oi- in the police office '^^^' ''"' of the city, for violation of any Act within the legislative authority of the provincial parliament, shall be paid into and form part of the general revenue of the city. 16^. It shall not be necessai'V in any conviction made^vhat necessary 1 i.1 • » i A ^ • ■ 1 1 e , to be set out in under this Act, or any Act in amendment nereor, oi- under conviction any Act in force in the city, or under any by-law or ordin- ance of the city, to set out the information, appearance or non-appearance of the defendant, or the evidence or by- law under which the conviction is made. 169. In all case.s^ of summary convictions or orders costs "wbt! made by the stipendiary magistrate for the recovery or enfui cement of foifeitures and penalties incurred under this or under any other Act of Nova Scotia, or under the by-laws of the city, he may award and order in and by his conviction oi- order that the defendant pay to the prosecu- tor or complainant such costs as the stipendiary magistrate deems reasonable in that behalf, and when the information or complaint is dismissed, the stipendiary magistrate may award and order that the complainant or prosecutor pay to the defendant such costs as the said stipendiary magistrate .shall deem reasonable. 42 f.'lTY OF HALIFAX. Fines and penn!- 170. lu tlefault ot pavment ot ativ fine or penrtltv ties, how le\ led. . i i .1 i.- i- • . . 1 ,.1 ^- 1 imposed by the stipendiary magistrate at the tune i.amed Vjy him for the same to be paid, the same may be levied in the manner provided in ciiapter 103 of tiie Revised Statutes, "Of Summary Convictions and Orders," unless a ditf'erent procedure is prescribed by this Act. Violation of the Sabbnth. Proneedinits where arrest after three o'clock. 171. The policemen shall arrest all persons violating the Sabbath by carrying on any game, play, or pastime, to the annoyance of their neighbors or the public, common beggars, fortune tellers, gamblers, habitual drunkards, per- sons breaking windows, or damaging the propeity of otiiers wilfully and mischievously, lewd persons, vagabonds, runa- ways, and all persons who may have been found drunk or disordei ly in the streets, and all persons imbecile in mind, or incapable of taking care of themselves, and bring them before the stipendiary magistrate. If the arrest occurs after three o'clock in the afternoon, or upon Sunday or holiday, the prisoners may be kept in the lockup house until the hour of eleven in the forenoon of the subsequent day ; or if such subsequent day be a Sunday or holiday, until eleven o'clock on the next following day, when they shall be tried bei'ore the stipendiary magistrate in the manner and sentenced to the punishment provided by law. stipendiary 172. Nothing herein contained shall prevent the iiiajfistrate ma;' . . i . • , . p • ^ • i i commit for trial, stipendiary magistrate from comniitting persons charged with offences for trial in the Supreme Court, or binding them under cognizance with sureties, to appear and answei- in the Supreme Court Penalty for re- 173. All pcrsous shall be bjund on request to obey the arrest!" "**"**'" mayor, stipendiary magistrate, or any alderman, and to assist the policerjien and constables in any duty of arrest; and any one refusing shall be fined not less than two dollars nor more than twer>ty dollars. Power to arrest 1 74. The stipendiary magistrate holding the police seaman on sworn . i n i ^i i • . c .i . complaint. court, shall have power on the sworn complaint ot the master, to arrest any seaman of a British, provincial or foreign vessel, who having signed regular articles and not being duly discharged therefrom, shall wilfully absent himself from his vessel ; and after hearing both parties, if he find the complaint well founded and just to compel the seaman to return to duty, if requisite, also to send him to gaol until the the vessel is ready for sea, and give the aid of the police constables in carrying him aboard his vessel. The affidavit on which to ground the proceedings shall be made but remil subset renii;- 1' recei' IV.-( everv ing h{ ley the and to arrest ; dollars being himself he find seaman to gaol I of the 1. The De made LAW, POLICE AND PUNISHMENTS. 43 before the stipendiary ma«,nstrate, at the police office, and the warrant to arref-t shall be granted by the stipendiary iiia^'istrate ; and on the hearing of the complaint the ship's articles must be produced and proved l>y the master oi' complainant, oi- a sufficient excuse rendered for their non- production. 17''). Whenever any criminal charge is made, or any cierk or assist- complaint of an act or omission, whether a breach of anlfoniiation''"** common law or a statute, or a violation of any city ordin- ance, punishable on summary conviction, it shall be the duty of the city clerk or his assistant to make such written information as shall be applicable to the case for the party making such charge; an(l if any affidavits are required, they shall be prepared by the city clerk or his assistant, if thereto requested. 176. The stipendiary magistrate in the city of Halifax, Power to sen. , • 1 ii c • '■{ A. tence minors to may sentence any minor under the age or eighteen years, reformatory, ,stc. convicted of any offence within the legislative authority of the legislature of Nova Scotia, which said court has power to try, to such term of confinement in the city juvenile reformatory, or any other house of reformation, now or hereafter to be established, recognized and approved by the stipendiary magistrate, not exceeding three years, as to the stipendiary magistrate ti-ying the same may seem proper ; but the stipendiary magistrate shall have the power to remit the sentence, or any part thereof, on what may subsequently appear to be a sufficient reason for such remission. 177. In the police court the following fees shall be Fees in police • . court received b}' the city clerk for the use of the city : For affidavit 20 cents. For warrant .50 cents. On a service of pi-ocess 25 cents. On a recognizance 60 cents. On a judgment , . . 20 cents. Warrant of commitment 20 cents. Subpcena ; 10 cents. IV. — General Provisions as to City and Police Courts. 178. The police office shall be open for the issue of I'oiice court, process, civil and criminal, in the city and police courts,^*""*''"'"" and for receiving complaints in criminal cases generally, everv week day, from 10 a. m. to 3 p. m. except the follow- ing holidays — Christmas Day, Good Frida\', the Queen's 44 CITY OF HAf-IFAX. Birth Day, the 17th March. 23r(l April, the 21st June, anrl 30th November, or any day set a}>ait by proclamation for a public fast or public thanksgiving. \vitiie(8e8' fees. 179. The city court and the stipendiary magistrate in all civil and criminal cases, where they deem it just, may tax costs of witnesses in their discretion, to be paid by the party losing, not to exceed fifty cents a day for attendance, or five cents a mile travel. Gaoler')) fees not allowed. Jurisdiction over harbor, He. 180. No fees shall be dei- ' k1 or received by the gaoler or his subordinates for ai ^^risoner upon process or execution from the city and police courts, or from any prisoner committed by said courts or stipendiary magistrate. 181. The authority of the city officers and jurisijiction of the city courts and of the stipendiary magistrate shall extend unto and over all acts, matters and things, civil or criminal, done upon the harbor of Halifax, and South-east Passage and the North-west Arm, and over that portion of Bedford basin situated from three mile house to the narrows, extending five hundred feet into the water from low-water mark, and the wharves, slips, docks and landing, therein ; provided such acts, matters and things, if done within the limits of the city, w i be within the authority and jurisdiction of any of tht ers or courts of the city, and the process, civil and crimii*. , which any coutt or any officer of the city may have the } ower to issue or execute, shall and may be executed upon the harbor of Halifax, the South east Passage, and the North-west Arn^., and the por- tion of Bedford basin above limited ; and for these purposes the harbor of Halifax shall be considered as extending from Meagher's beach to Ferguson's cove and across the narrows at the entrance of Bedford basin ; but not to include McNab's island or Duggan's island. CO Penalty in case of petty offences. V.~ Certain Petty Offences. 182, If any person shall by riotous or disorderly con- duct or language, or by discharging fire-arms, or by fire works, or by cries or other noises, wantonly or maliciously disturb the peace and quiet of any assembly of persons lawfully convened for any religious, moral, social or bene- volent purposes, he shall for every offence forfeit a sum not less than two dollars, nor more than eight dollais; if any person shall sell or expose for sale in the city of Halifax any crackers or fire works, whereby the peace of the citizens may be disturbed, or to the annovance of LAW, POLICE AND FINISHMENTS. 4'> citizens, he shall foifeit and pay a penalty of not less than pi(,'ht (lollars, nor more tlian forty dollars, or in thei event of non-payment shall be imprisoned for not less than ten (lays nor more than ninety days. 183. If any person shall wilfully or wantonly remove •"J'"".v to horses, or let loose, disfigure or injure any hoise, or remove orcics. r.iedille witli, injure or de^tioy any vehicle, or cut, injure or destroy any iiarness connected with such horse or vehicle, while the same are in the vicinity of any place where such meeting, as mentioned in the next preceding section, may be in the act of being held, he shall for every offence forfeit a sum not less than two dollars nor more than twenty dollars, and in case of non-payment be impris- oned not more than ninety days. 184. If any person shall unnecessarily flischarge any r)ischar-in,'flre- tire-arms within the city of Halifax, he shall forfeit not '"■""'" '"*• less than two dollars nor more that) eight dollars, on sum- mary conviction befoie the stipendiary magistrate, at the police office, and in defaidt of payment shall be imprisoned not less than twenty-four hours nor more than 10 days. 185. If any person shall wantonly throw any fire- iiuowinK ore- k.', .1 L \ lv. ' • 1. i. L works in streets, s, or permit the same to be thrown into any street ,s:c., &c. thoroughfare or passage, or into any building, or .shall make any bon-ffre within one hundred yards of any building, he shall for every oflfence forfeit eight dollars, and in default of payment shall be imprisoned for a period not exceeding fourteen days. 18G. If any person shall by discharging fire-arms, or Disturbance ot by riotous conduct in any street or highway, wantonly or J'^a^KinJin- fire- maliciously disturb the peace and quiet of the inmates of "'"'«• any dwelling house near such street or highway, he shall for every offence forfeit a sum not less ihr,,u two dollars nor more than eight dollais. 187. Any person offending against the provisions of Arrest on view this Act relating to petty offences, may be arrested on view of any peace officer present at the commission of the offence, or by any person thereto, verbally authoiized by the stipendiary magistrate or any justice of the peace present thereat, and such offender shall thereupon be com- mitted to the coiinty jail until he shall find security, to the satisfaction of the stipendiary magistrate, for his good behaviour, and to pay any fine or penalty that may be imposed on him on any prosecution for such offence. mtiii 4() CITY OF HALIFAX. Keeiiers of com- 188. Ally person who shall keep a common gambling hmi'Us.Tc! ""*^ house or disorderly house, shop, room or place, maj' besiim- marily tried and convicted before the stipendiary maj^is- trate, and on conviction shall be punished by a fine not to exceed forty dollars, or by imprisonment in the city prison, with or without hard labor, not less than nineiiv davs or moie than one year, or be both fined and imprisoned, as the court mav direct. City marshal ami otficvrs mav enter. 189. The city marshal, or such' police officer as he shall deputize, may at any t'uDe of the night or day enter any house, shop, room or place suspected of being a gambling house or bawdy house, shop, room or place ; and it shall be his duty upon reasonable suspicion, or on evidence tendered them under oath, so to do. Profane cursing and swearing. Lotteries or raf- fles. 190. Any person profanely cursing or swearing in the hearing of the mayor, stipendiary magistrate or alderman, or any peace officer, who shall be convicted thereof, shall forfeit rot less than one dollar, nor more than eight dollars, for the first oflfencC; and for a second oflTence double, and for a third offence treble that sum ; and in default of pay- ment shall be committed to gaol for a term not less than two days nor more than ninety days. 191. Whoever shall undertake or .set up, or shall by writing or printing, publish the u' 'ertaking oi- setting up of any lottery or raffle for money r goods, with intent to have such lottery or raiflie drawn or thrown, or to induce persons to purchase tickets, or to give money or valuables for any such lottery or raffle, or shall play, throw or draw at such lottery or raffle, or shall purchase any lot or ticket for any such lottery, or shall take part in any such raffle, shall forfeit a sum not exceeding forty dollars, and in default of payment shall be committed to the city prison for a period not exceeding ninety days. 192. Prosecutions under the preceding sections of this Act must be commenced within eight d-ws after the offence is committed. VI. — Obscene Literature. 193. No person "hall hereafter introduce into, or offer or expose for sale within the city of Halifax any books, periodicals or newspapers, photographs, prints or pictures of any indecent or obscene character or tendency. oiiscene bonks, 194. All books, periodicals, newspapers, photographs, hetotie:M. prints Or pictutcs, ot indeccnt or obscetic character oi' ten- dency, shall be forfeited to the city, and shall be seized and Prosecutions, when com- uicnced. ' bscene litera- ture. LAW, POLICE AND PUNISHMENTS. 47 destroyed whenever found by the mayor, stipendiary magis- trate, any alderman, justice of the peace, officer " member of the police foi'ce, or any other officer of the city, or any person appointed for the purpose by or on behalf of the council. 195. Any person who shall sell or expose for sale or Penalty for ex- keep in any shop or place, any such book, periodical, or }JtuI'atu?e*%'!r newspaper, photograph, print, or picture of indecent or*"'"^' obscene character or t^dency, shall upon summary con- viction by the stipendiary magistrate forfeit and pay for each offence not less than five, nor more than fifty dollars, or in default of payment of such penalty shall be impris- oned one day for each dollar of the same ; such imprison- ment to be in the county jail or city prison, at the discretion of the stipendiary magistrate or other officer presiding in the police court. 196. The city council shall have power by resolution Power of city from time to time to declare by name what books, periodi- J.'e"petltta''^ cals, or newspapers, shall be regarded as indecent or obscene in character under this Act ; and any such resolution shall have, until disavowed by the Governor-in-Council, the force of law. VII. — Vauious Provisions as to Legal Puoceedings. 197. No action shall be commenced against the city of Limitation of ac- Halifax or any committee of its city council, or person """*' "'^'"^^''' '^'^' or persons acting under it, or them, until twenty days' notice in writing, specifying the cause of action, shall be given, and at the trial the plaintiff" shall be confined to the grounds of action stated in said notice, and no action shall be brought against said city, or any of its committees, or persons acting under it, or them, after six months next after the act committed for which the action shall be brought, and all such actions shall be brought and tried within the city of Halifax, unless the court shall see cause to direct a trial in some other county. 198. In any "ction, suit or pre -cution whatever, civil citizun or omcei or criminal, at law, equity, or other,' e, in which the said lou'rufy'.'''''''''^ city or corporation shall be a paity concerned, it shall not be leceived or allowable as an objection to the com etency of any witness ishat he is a citizen or oflicer of the said city or corporation, but such objection shall go to the credit only ; nor shall any sucl' objection be allowed in any such case as aforesaid against any such persons as jurors therein. "mm^mmmmBm 48 CITY OF HALIFAX. Major I'lay issue distress warrant. 199. The mayor of the city of Halifax shall issue a distiesH wairant unrier his hand and the seal of the said city, directed to the city marshal or his deputy, to distrain for any rent now due, or hereafter becoming due, the city of Halifax, and for arrears, on the personal property of any pel son or persons occupying the premises so leased by the said city. In case city hell 200. In all cascs when the city of Halifax shall be held liable for dcni- i'iii.'i • cj.l j? !•■■ ages. liable tor damages in consequence or the unsafe condition of or nuisance or encumbrance on the sidewalks, squares, or streets of the city of Halifax, or for the breach or neglect of any law, by-law or orflinance of the said city, it shall have a rifjht to indemnify itself for all damatie.« costs, and expenses fropi and have a remedy over against the persons, association, or corporation by whose act or conduct the dewallc, square, or street was rendered unsafe, or by reason of whose act, neglect, omission, or conduct the damage or injury arose. In the event of the city of Halifax being obliged to pay any loss or damage occasioned by the peiformance or omission to perform, any act required by the legislature of Canada or of the province, or by any by- law or ordinance of the citj, on the part of any person, company, corporation or association upon wht./" the parliament of Canada or the legislature of Nova Scotia or the city of Halifax, by any by-law, resolution, or ordinance confers or has conferred any right, privilege or easement into, under, over, or upon any streets, squares or sidewalks I slit to recover of the city. the city of Halifax shall have a right to indem- nify itself from and have a remedy over against the person, company, association, or corporation whose act, omission, or conduct, occasion A the injury, and the same may be recovereil against them by the said city as a private debt due snid city in any court of competent jurisdiction, wit! all costs and expenses incurred by said city. indemnity. VIII. — POIJCE. Control o( po4ice force. City marshal. 201. The city council shall have the entire control and management of the police force of the city ; and may delegate so much of their powers in that behalf as they shall • leem proper to any committee of their body or any officer or other p'Mson now appointed or hereafter to be appointed. 202. The city marshal shall be the high constable of the city, and shall have under his authority and control the deputy city marshals, the sergeants of j)olice, and nil the police force of the city of Halifax. The deputy marshals, LAW, POLICE AND PUNISHMENTS. 49 .1 ol and may ;y shall officer Dointed. the sergeants of police, and all the policemen shall be sub- ject to his authority and obey his instructions ; and the said city marshal shall have the sole management of the policemen and police force of the city, and shall be account- able for the good order and quiet of the city ; provided, however, that the city marshal shall obey any order of the mayor or of the stipendiary magistrate acting at the police office. 203. The city marshal shall, within the said city, have Powers of city all the powers and authority in all uiatteis criminal and in ["^g yj.*,',,';",!"!'^ cases of breach of rhe peace, and for preserving (piiet and good order, which sheriffs by law have within their baili- wicks, and constables have within their jurisiai duties of his office be sworn before the mayor, and also shall give bonds in the sum of not less than two thousand dollars, aad in such form as shall be directed by the city council, with two sufficient sureties, to be approved b}^ the council, for the faithful discharge of the duties of the office, to be renewec^ when required. 206. The police force of the city of Halifax shall be inspection of inspected by the mayor on the first Monday of each month, ''^'""^ '°'"''®" and at any other time the mayor shall see fit to order, at such hour as shall be appointed ; an returni. to tiie city council of the amount of rates and taxes col- lected by him, specifyinfjf the names of the ratepayers, with the amounts paid by each respectively, and also making a return of the aggregate amount of rates and taxes remain- ing uncollected. 261. The said city collector shall require and retain the Tax notices. tax notices issued by the board of eitj'^ assessors, and shall issue a receipt to each person, firm and conipany, who shall pay their rates and taxes, and he shall keep •. counterfoil of said receipt, in order that the returns required by tho pre- ceding section shall be checked and verified by the city auditor befoie being presented to the city council. III. — Audit and Accounts. 2G2. The council shall appoint a fit and proper person Auditor, ap- as auditor for the city of Halifax, whose duty it shall be to''"'"*""'" °' audit, inspect, check and correct the books, accounts and receipts, and to supervise all financial business of and con- necced with the corporation of Halifax, and to perform such other duties as the council may from time to time req lire ; and the council shall, out of the revenues of the city, vote and pay such auditor, when appointed, such annual salary or sum of money as such council may deem just and proper. 263. All the civic officers shall bring the affairs of their civic year, when several departments to a close on the 30th day of April, *°^^'''"" and on the 1st day of May in every year the general civic year shall begin, and the same shall end on the 30th day of April following. 264. The income and expenditure of each year shall separate and dis- be kept distinct and separate, and separate and distinct tlekepr""*'*** accounts of each year's receipts and payments shall be kept in the books of the city, and separate bank accounts shall be also kept for each separate year ; and it shall not be lawful to charge against the revenues of any year any sum or sums of money that shall not have been authorized by the estimate of the year upon which the a.ssessment of the 60 CITY OF HALIFAX. said year was levied. Provided, however, thai in the event of the revenues of any year exceeding the expenditure the unexpended balances of such i-evenue shall be applied in reducing the assessment of any subsequent vear, except the unexpended balance in connection with " Letson's Field " (so called), which balance* shall be paid over to the commis- sioners of the common for the purpose of bein<^ expended on the public gardens. City offlcersBhnii 265. The city clerk, city treasurer, city collector, and in writing. all officcrs of the city, shall respectively at such times during their continuance in otiice, also within thirty day.s after they shall respectively cea.se to be in office, whenever the city council shall direct, deliver to the mayor for inspection of the council a true account in writing of all matters committed to their charge under this Act, or under any law relative to the government of the city ; and also of all moneys which shall have been by them re.'spectively received as city officers, and how much thereof shall have been paid and disbursed, and for what purposes, with pro- per vouchers. Sliall pay over all moreys. Shall deliver overbooksand accounts. 266. Every officer of the citv, and every person who has held a city office, shall at all times, when ordered so to do bv the city council or mayor, acting in conformity with any law, by-law or resolution of the city council, immediateh' pay over all such moneys as may be in his hands belonging to, or be due by him to the city, into the hands of the city treasurer, or of such person as the ordsr may appoint to receive the .same. 267. Every city officer or other person having possession or control over anj' books, accounts, documents or papers belonging to the city, or which the city council has a right to inspect, shall at once deliver the same to the city clerk, when required by the city council or by the mayor. Shall account to 268. All boards. Committees, officers Aud persons who City council. , * .shall collect, receive, expend or disburse any public .aoney belonging to the city, or under its care or control, shall account to the city council. The city council may direct the form and mode of accounting by resolution or by-law. Proceediiics 269. If any person shall refuse or wilfully neglect to where pcreonne- i •*.! i-i" •.. •^ c i • ^ • i • i. i gkcts or refuses account With the City council tor his othcial receipts and ovcrmoney'*'*'* P^y^^^nts, to pav over money which he owes to, or with- holds from the city, and for which he has become responsible as a city officer, or to deliver to the city clerk or sucli other person as the council may appoint to receive the same, any FINANCE. 61 books, accounts, docunier.ts, or papers in which the council have a right of property or inspection on the city's behalf; then, and in every such case, on comphxint made on behalf of the council, of any such refusal or wilful neglect to the stipendiai-y magistrate, oi' any justice of the peace for the city, district or county, wherein such officer or person shall > reside or be, such stipendiary magistrate or justice of the peace shall issue a wan-ant under his hand and seal for bringing the offender before thestipendiary magistrate, or any two of her majesty's justices of the peace ; upon the offender not appeal ing or not being found, the stipendiary magistrate or justices shall hear and determine the matter in a sum- mary manner. If it shall appear to such stipendiary magistrate or justices, that any moneys remain due from such officer, on non-payment thereof, by warrant umler his or their hands and seals, he or they shall cause such monej's to be levied by distress and sale of the good • and cliattels of such officer ; and if sufficient goods and chattels shall not be found to satisfy x-lie said moneys and the charges of tl;e distress, or if it shall appear to such stipendiary magis- trate or justices that such officer has wilfully neglected or refused to deliver such account or the vouchers relating thereto; or that any books, documents, papers or writings, in the custody or power of such officer in his ofticia^ capacity, have not l)een delivered as aforesaid, or are wilfully withheld, then, and in every such case, such stipendiary magisti'ate or justices are hereby required to conuuit the offender to the connnon jail, there to remain without bail impiisonmcMt, until he shall have paid such moneys, or shall have made ""' ' *" satisfactory return to the council, or until he shall have delivered up such books, documents, papers or writings, or have given satisfaction in respect thereof to the council ; provided always that no person so committed shall be ' detained in prison for want of sufficient distress only, for a longer period than three months, or for any other cause above mentioned, for a longer period than twelve months. No prosecution of this nature shall be lawful unless com- menced within three months after the offence has been committed. The ordinary remedies by action against any person holding office, or who has held office under the city, or against his secureties, are not to be impaired or dimin- i.shed by this law, or by any proceedmgs taken under it. 270. Ths books of account of the corporation shall Books of amount shew the amount, paiticulcrs, state and circumstances of ouiiirs."'''' "^^"^ ' the property, funds, taxes, effects and fees belonging to the city, and incomes and fees of its officers, and all its receipts and expenditures. 62 CITY OF HALIFAX. Appounts to 1k' 271. The city accounts shall be annually published iiuaiiy/^ **" after audit and approval, in such form and mode as the city council directs. Consolidated fund. Stocks, shares, nnd debentures, how applied. Issue of stock or shares. Interest. Stock certifi- cates. Book of registry IV". — The Consolidated Fund. 272. The consolidated fund for the city of Halifax established under chapter 24, of the Acts of 1880, shall continue to be known as " the City of H lifax Consoli- dated Fund." It shall consist of stocks Ci' shares and debentures of not less than one hundred dollars each, which the city of Halifax may, under the direction of the city council, dispose of from time to time to an amount not exceeding one million five hundred thousand dollars. 273. The said stock or shares and debentures shall be applied to pay off the debentures of the city of Halifax now issued and in circulation, and used for no other pur- pose except as lUay be otherwise expressly provided in any Act of the legislature. They shall form a lien and be a charge on the real estate, revenue and property of the city of Halifax, and shall not be liable to any city rates or assessments. 274. The said stock or shares may be issued to the extent of six bundled thousand dollars, and shall be per- manent; and there shall be paid thereon by the treasurer of the .said city, to each of the holders thereof, at the ottice of said treasurer, in the said city of Halifax, interest at a rate not exceeding live per cent, each year seun-annually , on the 1st day of January and the 1st day of July. 275. Every person who shall subscribe for or purchase one or more shares in said consolidated stock, shall receive from said treasurer a certificate to that cllect signed by the treasurer and city cleik, countersigned l>y the mayor, and sealed with the seal of the city of Halifax, which saiil certificate may be in the form of .schedu'e No. 1 appended to this title. 276. The city treasurer shall register in a book kept for the purpose all shares or stock of the consolidated funJ above mentioned as they are disposed of, and also the name of each individual person, or firm of persons, or corporation who may have subscribed for any of said shares or stock ; and where such subscriber shall transfer oi- make over his or their shares to a third party, snch transfer shall be madt; in the office of said city treasurer, in a book or register to be kept by him for that purpose, and t(3 which access may FINANCE. 63 be had by interested parties on demand and payment of twenty-five cents to the city treasurer. Such .share.s and stock are and .shall be tran.sferable in manner aforesaid, and the subscriber or transferee last enregistered as herein- before prescribed .shall be held to be prima facie the creditor of the city for the amount of such shares or stock. 277. The said debentures may V^e issued to the extent ibsuc of deben of nine hundred thousand dollars, and shall be payable in "^"'' twenty-five years, and shall have coupons attached for the payment of interest half yearly at a rate not exceeding interest, five per cent, per annum ; they shall be transferable by delivery, and be in the form of schedule No. 2 appended to section 285 of this Act. 278. Any of said debentures regularly issued may, at i>»'bent!ire9 may the option of the holders, be turned into stock or shares, 8tock"Tc.', &c.'*° and the city treasurer shall on receipt of such debentures, with all the unpaid coupons belonging thereto, issue to the bearers thereof additional stock or shares of the consoli- dated fund to the same amount as secured by said deben- tures respectively, exclusive of interest; such debentures and coupons shall at once be cancelled by the city treasui-cr in the presence of the n)ayor, and be retained by the city treasurer until ordered by the city council to be destroyed. No debentures shall be issued in the place of stock or shares. 279. The net annual income derived from rates and inw.me from assessments, in respect of the water supply of the city of bow [ippife'df ' Halifax, shall be applied towards the payment of the interest on said stock and debentures, and any further amount required therefor shall be included in the general assessment, and be assessed annually on the real and per- sonal property of the ratepayers of the city of Halifax, and be as.sessed, levied and collected at the same time, in the same way, and with the same remedies, as the ordinary assessment of the city of Halifax, 280. There shall always be retained in hand fron. and Redemption of out of the city of Halifax consolidated fund, debentures tu"es\°^n^^^^^^ and shares or stocks, in equal proportion, equivalent to the'*-^- amount of bonds or debentures of the city of Halifax issued and in circulation previously to the 10th day of April, A. D. 1880, which shall be applied to redeem said bonds or debentures at maturity ; public notice of at least thirty days to be given in two newspapers published in the city of Halifax asking tenders for the same ; and the same shall not be applied for any other purpose whatsoever. m 64 CITY OF HALIFAX. Statement to be 281. The iiiayor, city troasiirer, and city clerk sliall from time to time, immediately after the i.s.suinnj of any of the stock or debentures authorized to V)e is.sued by this Act, publish in two of the news|.apers published in the city of Halifax, a statement of the number and amount of the stock and debentures so issued, lie names of the persons to whom, and the rates at which tlie .same have been issued, and the names, numbers, amounts and rates of interest of the debentures which have been therel)y paid ofi' and can- Pciiaity for false eel U'tl, Auv citv othcer wlio shall subscribe anv false leturn shall incur a penalty of two hundred dollars for every such ott'ence, which penalty may be recovered by any person who may sue therefor, in the like manner and with the same remedies as if the said penalty were a private debt, and the production of any printed retii; u, ,vith the name of any such officer appealing thereto in print, shall l>e primti fdcie evidence of such othcer having sul>scribed sr"h return, and the production of the original return shall not be nece.H.sary for the proof of an ott'ence under this section. Penalty for im- 282. Any persou who shall issue or put in circulation stock," AclTic" any ceititicate of stock or any tlebenture for any other purpose than is authorized by this Act, or to pay any other liability than is authorized by this Act to l»e paid, or who shall permit to be pledged any of the stock certificates or debentures to be issued under this Act, shall incur for each offence, that is to say, for each stock certificate or debenture so illegall}' issued or u.sed, a penalty of four hundred dollars, whicli may be sued for as a private debt, and col- lected with the like remedies by any person who may sm^ therefor, and shall be liable to the city of Halifax at any time within ten years from tlie commission of tlie offence, for the full amount of any such stock certificate or deben- ture .so illegally issued or used. Bona fide holders 283. The non-compliauce with the provisions of this &c., ic*; "'"^** 'chapter, respecting advertising for tenders, or with the provisions contained in the two last preceding sections, shall not invalidate any stock certificate or debenture which may be held by honaj'h holders for value. Rifjht of city to 284. The city council of the city of Halifax shall have pay , &0.. Cj.]-jg riorht to Call in and pay off any or all sums of money borrowed on permanent stock since the sixteenth day of April, A.J). 188S,atany time after the expiration of fifteen years from the issuing of the same on giving one year's FINANrK. 65 notice of their intention so to do, by advertisement in the R(n/(d Gazette, pul)liHhed at Halifax, for three months, but if the address of tlie party is ref,'istered under said Act» then by notice mailed to said address. 285. The stock certificates hereafter issued undei' the stock certin- provisions of this chapter shall be headed " New Consoli- ""^''' °"" ° ' dated Stock," and shall be in the following- form : — SCHEDULE No. 1. city of halifax new consolidated stock (permanent stock). This is to certify that •, at the date Schedule. hereof, is the ret^istered owner in the books of the city of Halifax, of shares of SlOO each, of tlie consolidated fund of the city of Halifax, established under the authoiity of an Act of the legislature of Nova Scotia, passed the 10th da_y^ of April, A. 1). 1880, to establish a consolidated fund for the city of Halifax. Upon the amount of the shares of said consolidated fund standing enregistered to the credit of the owner there- of in the books of the city of Halifax, as aforesaid, the city of Halifax will pay interest at the rate of per cent, per annum, payable semi-annually, on the first days of January and July in each year. Provided, however, that the city council may by special resolution at any time after fifteen years from this date call in and redesm said shares or stock, or any of them, on one year's notice given in the Royal Gazette, or by notice mailed to the holder of this certificate, if his or her address has been registered in the office of the city treasurer, and if said certificate is not then presented for redemption according to said notice, interest on said shares shall cease. Sealed with the seal of the city of Halifax, signed by the traasurer antl city clerk, countersigned by the mayor, and enregistered in the books of said city by the city treasurer, this day of , A. D. 18 — . Regis- tered on book , page . E. F., Mayor. A. B., City Treasurer. C. D., City Clerk 66 CITV OF HALIFAX. SCHEDULE No. 2. City of Halifax Consolidated Fund, Debenture No. (Transferable by delivery). The bearer is entitled to receive from the city of Halifax, in the province of Nova Scotia, the sum of dollar.>5 of lawful money of Canada, in twenty-five years from the date hereof, with interest thereon at the rate of five per cent, per annum, payable half yearly at the office of the city treasurer in Halifax, on piesentation and delivery of the coupon hereto attached, and at the dates therein mentioned respectiveh'. This debenture forms part of the consolidated fund of the city of Halifax, established under the authority of an Act of the legislature of Nova Scotia, passed on the tenth day of April, A. D. 1880, to establish a consolidated fund for the city of Halifax. , A.D. 18—. Proviso asto city- debts. Sorrowing of money to be authorized by legislature. Dated at Halifax this day of [City Seal]. A. B., Mayor. C. D., Treasurer. E. F., City Clerk. (Coupons attacked payable half-yearly). V. — Provisions as to,- City" Debts. 286. The city council o£ Halifax i?1iereby authorized and empowered if it should deem it advisable to invest from time to time in government debentures and the consolidated fund of the city of Halifax, the sinking fund now belonging to the city of Halifax, and any additions that may hereafter be made thereto, provided that the interest or income arising:; from such investments shall not be less than four per cent, per annum. 287. It .shall not be lawful for the city council to borrow on the credit of the city arty sum of money whatever, unless authorized by some Act of the legislature. In case hereafter any debt shall be incurred or money be expended by the city council, or under their authority, beyond the amount limited by law or specially provided for by an Act of the legislature, the members of the city council incurring such debt or authorizing such expenditure, shall be jointly TAXATION. and severally liable therefor ; hut such debt shall nofc be recoverable from the city ; provided, nevertheless, that no member of the city council shall be held liable under this Act for any debt incuried or expenditure authorized by the city council, for a longer period than twelve months after the time when the debt was so incurred, or the expenditure authorized, or if he can make it appear that he was not present when such debt was incurred or expenditure author- ized, or that he gave his vote in opposition thereto. G7 28S. The real estate, property and funds of the city, Lien for pay- II i • I'll 11 1 !• , 1 .nil . nistit of cer- tificates ai citV debentures. shall continue liable and bound for the payment of all certi- uAcates and ticates and debentures hei-etofore issued by the authorities and now chargeable upon the cit\'. 289. No person who, at the passing of this Act held certain persons any just claims upon the city, shall be prejudiced therein judic°d.''^ ''^ by the repeal of any Act repealed by this enactment and heretofore in f(>rce ; nor shall any creditor of the city be prejusiiced in his rights by any such repeal. TITLE V. TAXATION. I.— Amount and Objects of Assessment. 290. The city council shall, in addition to the amounts Amount and ob- by this Act or any Act hereafter to be passed, specially ment ° authorized as extra assessments, have powei- to assess on the inhabitants and the property within the city, annually, sums of money not exceeding one hundred and ten thousand dollars, as may be necessary to defray the expenses which are by law authorized to be incurred on behalf of the city. The objects which may be provided for by such assess- ment include the salaries and compensations legally granted to the officers and other persons employed in the business of the city, expenses of police, of lighting the streets, of a supply of water, expenses of tire department, maintenance of the city prison, repairs of city property, the making, repair and improvement of the streets, repairs of the sewers and drains, bridges and roads, and all other expenses required in the due execution of the different powers and trusts vested by law in the city corporation, its council and officers. 68 CITY OF HALIFAX. Additional as- Bessment pro- vided for. 291. The city council shall have power annually to assess on the inhabitants and property within the city, in addition to the amounts authorized by section 290 to be assessed, the following sums of monev for the following purposes, that is to say : — (1). Halifax Visiting Dispensary, seven hundred and fifty dollars, to include any rental payable by the city on account of the moigue so-called. (2). Infants' Home, three hundred dollars. . (3). The city's proportion of the municipal assessment of the county of Halifax. (4). Catholic Infants' Home, three hundred dollars. (5). The support of boys sentenced to the Halifax industrial school and St. Patrick's home, not to exceed sixteen hundred dollars to each. (G). The payment of interest on all mont s heretofore lawfully borrowed by the city of Halifax (except the interest payable under section 11 of chapter 59 of the Acts of 1886). (7) The care of the poor, the sick and the insane. (8). Allowance for short collection under section 294 of this Act. ,9). Dalhousie college, under section 4 of chapter 31 of the Acts of 1883. (10). The support of public schools, the Halifax acadeni}', the school for the blind, and the institution for the deaf and dumb. (11). Sanitary expenditure. (12). Revisors of electoral lists (not to exceed two hundred dollars) and the board of fire escapes the sum of three hundred dollars. (13). Court of appeal from assessments. (14). Maintenance of Point Pleasant Park (not to exceed two thousand dollars). (15). The public gardens and othei- paiks and open spaces (not to exceed four thousand dollars). (16). The public library (not to exceed sixteen hundred dollars). (17). The Halifax county rifle association (not to exceed one hundred dollars). TAXATION, 69 ily to ty. i" to be owing (1 and ity on ssment ars. Halifax exceed retofore ept the ihe Acts me. b 294 of ;er 3-1 of Halifax iticn for ecd two sum of (not to ind open hundred to exceed (18). The Victoria school of Art five hundred dollars, to be appropriated to tl.e teaching ot mechanical and architectural drawing, to be paid so long as the institute has the confidence of the city council and the instruction is satisfactory to it. (19). The amount required to pay for the insurance of firemen under section 012 of this Act. (20). All amounts required for sinking funds author- ized by the legislature, auii for the repayment of temporary loans authorized to be assessed for as extra assessment. 292. The ainoimts herein authorized in aid of the certain amounts Halifax Visiting Dispensary, the Infants' Home, and the ^^J^^!;,'^, '"■°"'- Catholic Infants' Home, shall only be payable so long as the said institutions, or either of them, shall have the confi- dence of the city council, and such annual grants, or ■either of them, may be withdrawn at any time by the said council. 298. All property, real and personal, within the city what property of Halifax, not expressly exempted by law, shall be subject tioiT'^**"'''''* to taxation as hereinafter provided by this Act. 294. The committee of public accounts shall prepare Estimates, ho« the yearly estimates for said -city (which estimates shall '"^^*'**^'* ' include a sum, not exceeding five per cent., to provide for losses, abatements, or non-collection of rates and taxes according to law), and present the same for the sanction of the city council, who shall have power to confirm, alter, amend or add to the same ; and after said estimates have passed the city council, the same shall, on or before the 3lst day of December, be transmitted by the city clerk to the board of city assessors, who shall fix the rate of taxation for the year, II. — Board of Assessors. 295. The city of Halifax shall have a permanent board Board of asses- of city assessors, consisting of a chief assessor and two*°'^ a.ssistant assessors, who shall perform all the duties formerly performed by the inspector of assessments, ward assessors, and assistant ward assessors. 296. And such chief assessoi- and assistant assessors cwef aiwessor shall not engage in any business on their private account,"'"'**"'**'^"*''' and .shall devote their whole time to their duties. 297. Said chief assessoi- and assistant assessors shall, on Removal from appointment, be sworn before his worship the mayor, to "''^'"^' the faithful discharge of their duties, and they shall ujake 70 CITY OP HALIFAX. an impartial assessment, and slmll each continue in office until remove i> sworn. justice 01 the oeace, and must be deliveied at the oince or the city assessors within the time above limited. General book of Assessment. Assi-ssors' oath or atflrmation. 331. The board of city assessors shall complete the valuation annually, within one hundred and fifty days from the date of commencement, and having duly delivered the notices of valuation above directed, and the fourteen davs allowed for the affidavits having expired, shall then pro- ceed without delay to njake up one general book of assess- ment for the city, in which there .shall be distinctly shown the amount of the rate upon each individual, firm, estate or company, and the assessment book being so made up and signed by the board of city assessors, shall be handed to the city collector of rates and taxes. And in such assessment book the names of persons liable to a poll tax shall be regis- tered for the purpose of collecting the same. 332. The members of the board of citv assessors, or anv two of them in case of the sickness or unavoidable absence of the other, shall, after they have completed the city assessment, each subscribe and take the following oath for affirmation), w' ich may be admidstered by the mayoi" or an alderman, in piesence of city cierk. We, (names and offices) do hereby solemnly swear (or affirm) that the foregoing list is a full and true li.st c^ the names of all persons known to us who are liable to taxation and as.sessment or poll tax in the city of Halifax, duriuLi; the year commencing the first day of May next, and that TAXATION. 71) leiein, le arti- w'aich hall be •in fol- ith and ast and 11 value ,he real )e taxed No. — fore any office of the real and personal estate contained in said list, and ass8s.sed upon each individual in said list, is a full and accurate assessment upon all the property of each individual liable to taxation, at its full and fair cash value, according to our best knowledge and belief. 333. No error, informality or irregularity on the part Errors, irregu of the city council, the board of city asse.ssors, or oth<^r civic I.fl"pt'^o', *''■•*'-'■' officers, has affected, or shall affect or prejudice, the validity of any general assessment made, or heieafter to be made, and levied in such city ; and no individual rat* oi- assess- ment has been or shall be prejudiced or affected by any error or irregulaiity which does not affect the amount of .such rate. 334. The non-delivery of any of the notices mentioned Effect of non- in this Act .shall not 'a any way affect the assessment, theti^.e!"''^^ ° "" rate, or collection of the taxes, or the lien and sale of any property for the payment oJ taxes under said Act, but the same shall be legal and valid, notwithstanding the city of Halifax shall fail to prove the delivery of any such notices. ilete the ays from ered the jen days hen pro- )f assess- v .shown estate or up and ed to the sessment be regis- rs, or any absence the city r oath (or mayor or swear (or ist c^ the taxation IX, durin^J! and that VII. — Exemptions. 335. No person shall be assessed for his personal pro- Personal pro- perty unless its value amounts to two hui ired dollars. exempt.^* *" 336. All property real or personal, owned by Her certain property Majesty, all personal propc ty of military persons residing f^rom taxat^on'^' in government building or barracks, or of officers or men of the navy residing in government buildings, every building erected and used as a college, incorporated academy or other seminary of learning, every building for public worship, school house, court house, jail, and blind asylum, and the site and appurtenance of each and their furniture, the Halifax dispensary, and every poor house, alms house, orphan's house, asylum for deaf and dumb, house of indus- try, house of refuge, sailors' home, infants' home, and the real and personal estate of the same, the real and personal ' estate of every public libraiy, all stocks owned by the city or province, or by literary or charitable institutions, and all Dominion, provincial, and city of Halifax debentures and stock, shall be wholh' exempt fiom assessment. This section shall not exempt yearly and other tenants holding under lease from the city, if otherwise liable, nor are the dwelling houses of or lodgings occupied by cleigymen, by whomsoever they may be owned, to be exempt from taxation. 80 CITY OF HALIFAX. Property to con- 337. The real or personal e.st,ate of any person or tinue exempt. .• ij-'j. .• i' -i corporation exempt trom civic taxation under any special Act or law in force at the time of the passing of this Act shall continue so exempt. S^^o^^'tnl^'t^J ^^^- The widow of any deceased member of the union company, &c. engine, uuion protection, ov union axe companies shall be exempt from taxation for civic purposes on real and personal property to the value of five hundred dollars, provided proof can be shown that, at the time of the death of such member, he had served the full term of active service in any of such companies. Exemption of city property from munici- pal taxation. Exemptions not to apply to water rates. 339. The city of Halifax having exempted all property belonging to the municipality of the county of Halifax from taxation, hereafter all property ownetl or occupied by the said city within the municipality of Halifax shall be exempt from all assessments or the payment of rates or taxes theieon. 340. The foregoing exemptions shall not apply to water ratfs. Vni. — Assessment Appeals. Court of ap- peal from as- sessments. 341. There shall be a court of appeal on assessment, which shall hear all appeals from assessments, and from rates and taxes, which court shall consist of one person to be appointed annually by the Governor-in-Council, one person to be appointed annually by the Chief Justice of Nova Scotia, (which appointments shall be made on or before the first day of May), and the Recorder, which latter officer shall preside when present at all meetings of said court, and in the absence of any member of said court, from illness, interest, or any other sufficient cause, the mayor shall be substituted for and shall temporarily perform the duties of such member of said court. In the event of any member (other than the recorder), dying, refusing to act, becoming incapacitated, or being otherwise unable to act, his place shall be considered vacant, and upon such vacancy being notified to the Provincial Secretary on behalf of the Governor-in-Council or to the chief justice by the mayor, (who shall have the power to determine such vacancy), a new appointment shall forthwith be made by the Governor- in-Council, or by the chief justice, as the case may be. The decisions of said court shall, except as hereinafter provided, be final. Every person so appointed shall continue in office until his successor is appointed. The remuneration of the niembeis nf said court of appeal shall be five dollars each TAXATION. 81 :)n or pecial is Act union lall be .1 and ioUars, ; death active roperty Halifax ecu pied LX shall 3f rates pply to essinent, nd from erson to ncil, one istice of e on or ch latter of said urt, from e mayor form the it of any a to act, e to act, vacancy If of the e mayor, icancy), a Jovernor- be. The provideil, e in office on of the lars each for every day actually employed, hut not to exceed one Remuneration.. hundred doUais each in any one year, and a sum sufficient for such purpose, as well as any actual expenses connected therewith, shall be added to the annual general assessment. 342. The court of appeal, constituted as provided in court shaii meet the precedintj section, shall, at times and places to be fixed uons.*'*''"^ °^^*^ by the court, and duly advertized for such time and in such manner 9s the court shall determine, hear all objections of ratepayers who shall have duly appealed, to the valuations or assessments which have been made upon such ratepayers and their properties ; and such couit, after hearing the persons who have appeared before them, and their wit- ne.«ses, shall have power to reduce or increase the valuations Powers of. and alter the assessments of any ratepayers .so as to meet the ends of justice; and such court shall determine and decide the amount and valuation of property on which each person whose appeal is heard shall be assessed. The court shall hear the appeals in such order as they shall determine, and with as little delay as reasonablj' practi- calde. 343. The court of appeal shall have power, if it shall case may be deem it advisable at the request of any ratepayer who has appealed, to state a case in writing for the opinion of a judge of the Supreme Court on any question which has been brought before the court of appeal, which case shall be signed by the recorder, and shall be at once filed with the prothonotary of the Supreme Court, and the party appealing shall cause the same to be heard before a judge at chambers in Halifax, and shall give three days' notice in writing of the time and place appointed for such hearing to the recorder of the city. The decision of the judge on such case shall be final, and shall be given within twenty days after said case has been filed in the office of the prothonotary above stated, and notice thereof given to the party appealing, and the necessary alteration may be made in the assessment books to comply with such decision. 344. The court of appeal shall have power to issue compelling at- subpoenas for the attendance of witnesses before the court, nesses. such subpoenas to be signed by any member of the court, and the chairman of the court of appeal shall administer the usual oaths to all witnesses who are examined, and any person who shall disobey any subprena so issued and signed shall be liable to a penalty of not less than five nor more than fiftv dollars. Ii2 CITY OF HALIFAX. Ill onso of ecu- tinuoil iiicapac- Jt.v. Provision* in ;}45. Hflreaftft!'. w'hon owini; to aViMence from thn citv, caMoi)(illtiuH», .,, , ,». • • 11 Ao.,4c. Illness, or otrer sumoicnr. canst', rhv poiHon is unaltle to make the necessary sworn statement or appeal from the valuation of his property by the board of city assessors, within fomteon (hiys from the service of the notice, it shall not be necessary to apply to the city council for permission to make such statem«;nt or appeal ; but sucii person shall be allowed to make such statement or appeal upon tilinjr with the board of city assessors an allidavit or affiTlavits of himself and at least one other person, verifyinjr such absence, illness, or other sufficient cause; provided that such other alHdavits, together with the sworn statement, shall be filed within foui-teen days after the return to the city, recovery or other cessation of the incapacity of such person. .S40. In the event of such incapacity continuing until the death of such person, th'3 heir, executors or administra- tor, devisee, or such other per.sv,n as shall l)e entitled to the property a.sses.sed, shall be allovved to make such appeal upon establish inln to nil tho lessors, itshrtU nissiotj ihall V)o |(r witli vits ot ^ such >(l tiiat ttMueiit, to tlu; of such ig until linistra- (1 to the I appeal the con- iie court, iurred in exercise )roperty, appeal e power lued Of e owner It to the him tluo ,\ he may, through axed any sinent or any time. If of any statement nd clearly statement h in such affidavit; provirlm], always, that in such case the time for appeal on hehaif of tlio city shall he f^xtended to ten flays alter such amended statement shall have been sulimittetl on hehalf of the comj)nny ; and that such affidavit shall he sidtnutted not later tlian the 2(St}i day of February. (4). When any proj)erty of an}' person has been valued ()!• assessed more than once for the same jjeneral assessment, to amnd and reunt such of the said valuations or assess- ments MS shall he improper or illegal, not la*er than the 3lst (lay of January. (')). To correct any clerical eiiors made by the lioard of city asse>^ed in that year on property within th«: city of the value of two hundred dollars, shall be liable to pay a poll tax of two dollars for the general purposes of the city of Halifax, and the same shall lie collected as the other city rates, and it shall be the duty of the city collector to collect said poll tax, and for that purpose may issue a distress warrant therefor, as in the form heieafter given, which warrant shall not be set aside for any defect in substance or form, and in case there are no 2oods whereon to levy, then the person may be arrested as directed in .such warrant. 350. The board of assessors shall prepare a complete Reirister of )>er- register of all persons liable to pay such poll tax, and shall '""'*''''^''^***- duliver the .same to the city collector of rates and taxes on or before the 15th day of March in each and every year. 351. The board df city assessors shall also make out Notices to be [and deliver to the city collector of rates and taxes before fe'otm-. .the loth day of March in each year, the notices of assess- ment for each and every person or company rated on the [^general book of assessment ; also notices for persons liable I for poll tax. X. — Notices. 352. As soon as the assessment book shall be deposited Notices, dth the collector, he shaii cause each person or company 84 CITY OF HALIFAX. Form of. rated, or their agents, to he served with a notice in the following form, the .said notice to he made out by the board of city asse.ssorH, as provided by the preceding .section : Halifax, -, 18-. You are hereby notified that you aie rated and assessed for the year 18 — , to pay the sum of dollars and cents for city, county, school and poor rates, or poll tax. Unless the amount be paid within thirty days from the first day of May next, proceedings will be taken to enforce payment, together with all charges and costs of collection. A B , To Chief Assessor. Noticed to be mailed or dc- livfied. 358, Such notice shall be delivered at the ofl[ice or residence of the person to whom it is directed, or mailed to his address, with postage prepaid and registered. The form of notices of valuation and assessment, and the forms and time of appeal, may from time to time be changed by vote of the council. In case of deatii 354. Whenever any ratepayer whose property has been &c., ic^**^"^^" ' valued by the as.sessors under this !aw shall die before the taxes and as.se.ssments of that year have been fixed, adjusted and paid by him or her, his oi' her executors and administrators shall have the same powers, rights, and liabilities therein as he or she might have had if living; and the proper notices under the.se heads may be served on them ; and they may make affidavit to reduce such assess- ment if they think proper, and if there be no executor or administrator immediately ready to receive such notices^ the publication thereof in any city newspaper shall be sufficient ; and any such assessment or taxes, whether due by a ratepayer before his or her death, or assessed or adjusted sub.sequently, may be recovered as a debt in an action at the suit of the city against his oiher executors or administrators. Case of non- resident. 355. In case of any non-resident party assessed for property, real or personal, within the city, notice of asse,ss- uient may be published in the city newspapers advertising for the cifc}', and in case the residence of the non-resident is known to the collector, he shall give .siuch notice through the post, pre-paying and registering the same. Such notice shall be equivalent to personal service. pora ance othei ance proc( prop scho( TAXATION. 80 ) in the by tlie section : [8—. assessed ,nd poll tax. roni the I enforce lection. e88or. office or »r mailed ed. The the forms mged by has been efore the len fixed, a tors and crhta, and if living; served on ch assess- ecutor or h notices, • shall be whether ssessed or ebt in an editors or sessed for of assess- idvertising | )n-resident i ce through % )uch notice 356. Whenever any property, real or personal, shall copartncnj.ten- belong to more than one individual, whether the same ^^ ""*■■*"•• *''• owned by co-partners, tenants in common, or held by execu- tors, administrators, trustees, devisees or co-heirs, the different notices and proceedings of valuation and assess- ment, and of all other proceedings under this Act, shall be valid, if such notices shall be actually served on or come to the hands of any one of the parties who own or have charge thereof, or be left on the property assessed, notwith- standing any errors, omissions, or mistake in the name or names of the party or parties to be rated for the same, provided that the property itself intended to be rated be sufficiently designated ov pointed out in such notices to enable the parties to asceitain the object of said rate, XI, — Lien. 357. The rates and taxes levied on said assessment on special lien. real estate shall be a special lien on said real estate, having preference over any claims, lien, privileges or encumbrances of any party, except the crown, and shall not require registration to preserve it, except as hereinafter provided, 358. The lien on real estate for arrears of taxes created f^'«n <>" ••eai by this Act shall not extend beyond the period of three years from the time when said taxes are due and payable, unless within tha'r. ti iic the lanrl has been advertised and sold for the payment of taxes under the provision of this Act, and certificate of sale given by the city collector as hereinbefore provided. 359. The personal property of all persons assessed in L>en on erson- the city of Halifax for city, county, poor, school or water ^ ^ ^^ ^' rates, shall be also liable for the full amount of rates due, and the same shall be a valid lien thereon during the year for which the taxe.«j are a.ssessed, notwithstanding any assign- ment, mortgage or other conveyance of such property, or of any judgment entered against the owners thereof, or any execution, warrant, attachment, or other legal process issued to bind the property. 360. No personal property of any person, firm or cor- Rates payable poration shall be liable to be taken by virtue of any convey- of property. ance or mortgage, or under any attachment, warrant or other legal process, unless the party who holds the convey- ance or mortgage, or at whose suit the execution or other process i.ssued out, shall, before taking into possession the property or removing any goods, pay all city, county, poor, school and water rates for the then current year ; and tlie IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I ■ 50 M 2.2 2.0 1.8 1.25 U Hi 1.6 V] 'W ^;. ^. '^^ ■ O;^ J^ cfi ^.^ %. ^ ^v *^ «^^ >' ''# y Photographic Sciences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 m -% \ :\ ^v \ % V 6^ % V :v<- ^^ 86 CITY OF HALIFAX. Lien, when to attach. sheriff or his deputy, or other officer, is required to levy and pay to the city collector of rates and taxes such rates or assessment ; and the assignee, mortgagee, judgment creditor, or other person wiio takes the property of any debtor or party, if he do not pay such rates within two days after taking possession, shall be liable to an action for the amount in the name of the city of Halifax, and any personal property so taken may be distiained upon by the city collector of rates and taxes for such rates and costs. 301. The lien mentioned in this 'Act on all real and personal property shall attach and operate on the same from the date of the oath subscribed on the completion of the assessment for the city, as heieinbefore provided. Taxes assessed after the general assessment has been com- pleted shall constitute a lien thereon from the time they are committed to the collector. Rates and taxes, when due. Defaulter leav- ing city may be arrested. XII. — Collection. 362. All rates and taxes shall become due the thirty- first dav of May in each year. It shall be the duty of the city collector immediately ther-^after to take proceedings to recover the amounts due for city, county, school rates and poll tax, and to enforce the payment thereof, either by the issue of warrants of distraint or by action at law, or both, (the action to be in the name of the city, as in case of debt), the city collector's certificate in writing shall in all cases be presumptive evidence of the rate being due and unpaid, and shall be sufficient to entitle the city to a judgment without further proof, unle.ss a good and just defence can be made thereto. All rates and taxes now due and unpaid shall be collected by the city collector of rates and taxes. 363. Upon the city collector having reasonable cause to apprehend that any person indebted to the city of Halifax for rates and taxes is about to leave the city before the time allowed by law shall have elapsed for paying the same, such collector is hereby authorized to either distri»,in upon the goods and chattels of the person he believes so intends to leave the city, or cause to be issued a capias against such person, in order to recovei* the rates and taxes so due to the city, as in the case of ordinary debt. And for the purposes of this section the party so assessed shall be taken to be indebted to the said city for said rates and taxes as soon as the rate of assessment can be ascertained by the board of city assessors. TAXATION. 87 levy 1 rates Igment of any in two action Jalifax, itrained ill rates eal and le same ition of rovided. 6n com- they are 5 thirty- ;y of the edinffs to ates and ;r by the or both, of debt), cases be unpaid, udgment ence can d unpaid taxes. e cause to Halifax efore the tying the distrtbin lieves so a capias and taxes bt. And sed shall rates and icertaineil 364. Any person absent from the province, any com- Pioceedintf pany whose effects are not to be found, or are insufficient absent!'^ *^*^" to levy upon by way of distress, may be proceeded against for rates due to the city according to the provisions of the absent or absconding debtor laws. 365. In case either an individual or a firm from whom Joiiector n>ay or which assessment or taxes are Jue to the citv shall have°°'"*''°""**' made a general assignment of assets to creditors, or other- wise is unable to pay debts in full, and in case of the insolvent estate of a person deceased, it shall be lawful for the city collector to join, on behalf of the city, in any such assignment, or to accept a dividend if no property can be found on which to levy. 366. In case any person neglects or refuses to pay his interest on un- rates or taxes after the first day of August in thi year in ^xes.The'npTy^ which the same become due, the said rates and taxes shall ''^'*- bear interest at the rate of six per cent, per annum until paid, and the party liable for such rates and taxes shall also be liable for the said interest. 367. The city collector of rates and taxes may issue a General warrant 1 i.i!Ti'ii? ii 111. e i ot distraint, form. general warrant of distraint for the collection oi rates of. against persons who shall not have paid the amounts due by them for city, poor, county, .school or water rates or poll tax, or against any one or more of them, which shall be in the form following, and the .same shall be made returnable in such time as the city collector shall direct ; and the bailiff' or other oflScer or officers to whom said warrant is directed shall forthwith execute the same as thereby com- manded, and make a return of his doings thereon to the , city collector within the time limited in said warrant. FORM OF WARRANT. CITY OF HALIFAX. To A. B,, Bailiff, or any oilier of the Bailiffs or sub- collectors of taxes of the City of Halifax. Whereas, by rate and assessment made in conformity with law, the persons named in the schedule, thereto annexed, having been assessed for city, poor, county and school rates, (or water rates or poll tax) for the year 18 — , and the sums set oppo.site their names in such schedule remain unpaid, and are due to the city of Halifax for such rates; these are therefore to require and command you forth- with to make distress of the goods and chattels of the per- sons mentioned in such schedule hereunto annexed, and if WBi """T'liii^ 88 CITY OF HALIFAX. within the space of five days next after such distress by you taken, the sums in said schedule set opposite their respective names, together with the necessary charges of taking and keeping the distres«i, be not paid by each of them respectively, that then you do sell the goods and chattels of such of thetn as shall not have paid such sum, with additions and expenses as above mentiowed ; and out of the moneys arising from such sale you do forthwith pay over the sums so due by them respectively to me ; and that you do render to the owner of the goods respec- tively, upon demand, the surplus (if any) remaining from such sale, the necessary charges of taking, keeping, and selling the distr ss being first deducted; and if no such distress can be made, that you then certify the same to me. Herein fail not, and make due return to me of your doings under this warrant within days from the date hereof. Given under my hand at Halifax, ) this day of A. D. 18 — . f City Collector of Rates and Taxes. Schedule referred to in the foregoing Warrant, Dated , 18 — . Names. Description and place of Residence or Business. Amount due for rates. Halifax, 18- City Collector of Rates and Taxes. Seizure of sharps 368. The seizurc of a .share or other interest in a cor- iTow madef '""^ P^'"**"'^" "'*.^ ^^ made by leaving with the president, cashier, manager, or other principal officer of the corporation, an attested copy of the wairant, with a certificate thereon, under the hand of the collector, setting forth the tax which the stockholder is to pay, and that upon his neglect or refusal to pay the collector has seized such share or interest. The sale of such share or interest shall be made in the manner prescribed by law for the sale of goods by collectors TAXATION. 89 •of taxes, or bailiffs in like cases, five days' notice of such sale being previously wiven. > 369. If the distress or seizure is sold for more than the surplus to be tax and charges of keeping and sale, the sub- collector or"^"""^" bailiff shall return the surplus to the owner, upon demand, with an account in writing of the sale f.nd charges. 370. If in the assessment book, or in the notices issued Errors, how by the city board of assessors, or by the collector, or in the"'"^" warrant of distraint committed to the sub-collectors or bailiffs, or in the warrant of sale committed to the collector, there is an error in the name of the person taxed, the tax assessed to him or them maj' be collected from the person intended to be taxed, if he is taxable and can be identified by the assessors or collectors ; or if the property is assessed to a person who is not liable to be assessed therefor, the tax assessed to him or the^i may be collected from the person or persons who should have been assessed for the same, and the warrant or other process shall be amended accordingly, and when so amended shall have the same effect as if the Eb>ct of amend property had been originally assessed to the party whose name has been substituted, provided, however, that in any such case the person shall have a right of appeal to the city council (if the time of appeal to the court of appeal has ' passed), and the council shall have power to correct any error that may have been made. 371. In the case of anv objection made by any person Assessment may *' * *, be reduced bv or persons to the assessment for the city made on him or court, them, the court before which the same is investigated shall not in any case annul and set aside such whole rate ; but may reduce the amount of assessment to what it ought to be injustice ; and shall give judgirent in favor of the city for the amount so reduced ; but such power shall in no case be exercised by the city council. XIII. — Water Rates. 372. The city council shall have power to assess upon Assessment for the lands and premises situate within the water pipe lines, """*"" *"'''''^' a sum not exceeding sixty-five thousand dollars per annum, foi the maintenance of a water supply for the city of Halifax. 373, After deducting the estimated revenue to be water rates, how derived from extra rates and special service and agreements ed!'^***"**"**'"' in connection with the water service during the same period, as hereinafter provided, the balance shall be levied 90 CITY OF HALIFAX. Extra and spec ial rates, Bcale of. and assessed by an equal dollar rate upon all real estate property in the city of Halifax, situated as described in the proportions following, viz. : (a). Five-eighths of the amount required shall be levied upon the assessed value of all lands and premises as described for a protection and pipe rate. (6). In addition to the protection and pipe rate, three- eighths of the amount required shall be levied upon the assessed value of all buildings used as dwellings, as a domestic rate for consumption, provided, always, that no separate and distinct dwelling house, while occupied as such, shall be rated on a lower valuation than nine hundred dollais for protection and" domestic purposes, nor on a higher valuation than five thousand dollars for domestic purposes only, but no separate and distinct dwelling house, while occupied as such, shall be rated at less than four dollars per annum for all purposes. 874. In addition to the general rate in the last section mentioned, the following extra and special rates shall be assessed and payable : (1 ). On properties, buildings, establishment or premises owned or occupied by or for the Imperial, Dominion, or Local governments, or by the municipality of the county of Halifax, such rates as the board of city works shall deem right and equitable, but this Act shall not in any way affect the agreements now in force in relation to such pro- perties, so long as no changes aie made in or about the premises altering the water s ipply. (2). On breweries, distilleries, mills, machine shops, foundries, hotels, and all other buildings and establishments where large quantities of water are consumed, such rates as shall be |fixed by the city V)oard of works for each estab- lishment in proportion to the quantity of water consumed. (3). On premises receiving a supply through a pipe of larger diameter tlian half an inch, or through more than one supply pipe, such additional charge over the " general rate " as the board of city works may decide as equitable. Per Annum (4). Water closets, for one closet per annum. . $ 4 00 It M each additional 2 00 (5). Urinals, per annum 2 00 n each additional 1 00. (G). Each tap from which water can be drawn in any building other than a dwelling house 50' TAXATION. Ul Per Annum. (7). Domestic hydrants, if of an apprnverl kind, when used for domestic supply in pre- ference to an inside tap $ 2 00 All other hydrants supplied through a half inch pipe 10 00 (8). Fountains in shops or other buildings for 1-16 inch of jet or less 3 00 (9). Jets from l-16th to l-8th inch 10 00 (10). Fittings and other fixtures not enumerated herein to be rated b}' the board (11). Steam engines or boilers per horse power.. 3 00 (12). Bar rooms 10 00 (13). Livery stables, for each stall occupied 1 00 II II II vacant stall 50 (14). Horses, other than those in livery stables, each '. 1 00 (15). Cows, each 1 00 (16). For building purposes : Ordinary wooden buildings 20 cents per 1000 cubic feet. Ordinary brick or stone, 30 cents per 1000 cubic feet. Wooden buildings, of the warehouse class, requiring no plastering therein, 5 cents per 1000 cubic feet. Brick or stone do., 10 cents per 1000 cubic feet. 375. All dwelling houses containing shops, where the where 'Jweiunj; valuation of the whole building does not exceed two ghopafhow^ated" thousand five hundred dollars, shall be rated as dwellings, and all buildings occupied partly as dwellings and partly as shops, when the whole valuation exceeds two thousand five hundred dollars, shall be rated upon separate valuations to be furnished by the city assessors. 376, The owners or leaseholders for life, renewable owners or leage terms, or a term exceeding five years, of wharves within the {j^^ rated!"^ '"'*' district supplied with water, shall be rated upon a separate scale, to be fixed, by the city council when not otherwise fixed by law, and the board of works may make special arrangements as to them shall seem best for supplying with water the shipping in the harbor of Halifax. 92 CITY OF HALIFAX. Property not 377. No property within the city of Halifax, where good and sufficient mains are laid, and on any part of which huildinrrs are erected, .shall l>e exempt froni water i-ates or assessment for fire purpni«es. Disputes, how determined. Rates to be lien on real estate. 378. In case any dispute shall arise re-pecting the classification of any buildinfr, e.stablishment or premises, or lespectinnr the rate to be paid by any property owner, agent, tenant or consumer, the same shall be left to the board of city works, from who.^e decision an appeal may be had to the city council, whose decision shall be final. 379. The whole of the water rate.'*, including the special and extra rates above mentioned, shall form anci be a lien on the real estate in respect of which the same have been rated or assessed, and shall be payable by the owner thereof, except as hereinafter provided, and said rates shall be col- lected in the same way and with the same remedies as the ordinary assessment of the city of Halifax. In case of yearly 380. If any property liable for water rates is occupied to"fiirnUh"8tat" by a tenant for a yearly or longer period, the owner thereof nient. q,. ].jjj, agent may, during the month of May in each year, file at the office of the board of city works a statement, in form to be supplied by the board of works with the approval of the council, disclosing the purposes for which said property is used, the names of all tenants occupying the same, the number and kind of water fittings on the premises, and such information as may be required to fill up the form supplied as aforesaid ; the said property shall thereupon be exempt from the lien for water rates for that year, and the owner shall not be liable therefor. But this section .shall not apply to premises occupied by more than one tenant, unless each tenant \u supplied through a separate and distinct service pipe connecting with the main pipe in the street. In certain cases tenant liable. Water rates, when payable. Warrant for collection. 381. In case the owner of any property liaV»le to water rates, or his agent, complies with the provisions of the pre- ceding section, the yearly tenant in occupation of said property shall be liable for the whole of the water rates, which shall be a lien on his personal property to the same extent in every respect as the ordinary city rates and taxe«. 382. All water rates shall become due half-yearly in advance, on the first day of May and November in each year, and shall be collected by the cit}' collector, who shall have power to issue a general or individual warrant of distraint for the collection of water rates against persons TAXATION. 93 who shall not have paid the amounts due by them, and the collector's certificate in writing shall in all cases be pre- sumptive evidence of the rates being due and unpaid. 383. The city collector may at any time after the water General notice rates become due, cause a general notice to be irvserted jn *" *'«""*i"^"^*- any two of the Halifax papers, requiring all delinquents to pay the same within a period of ten da}s from the date of notice, and such general notice shall be taken and considered as a personal notice to each delinquent. After the expira- tion of the ten days' notice, if tlie rates shall remain unpaid, the collector shall have full powei- to cause the water to be turned oft' from the piemises upon which they are due, and he shall also, if necessary, take such legal proceedings against the debtor or debtors for the purpose of recovering the full rates as in his judgment n)ay seem advisable. The city shall not be held liable for any loss or damage which may result from the water having be^n turned oft", either for waste or the non-payment of rates ; and no deduction in the rates will be made or allowed on account of the water havinsf been so turned oft'. 384. The board of city works, with the sanction of the Bovrdof works city council, may affix such rates as they deem proper to all fittings and fixtures not specially provided for, and any person guilty of violating,' any of the rules or conditions of the board .shall be liable to a fine of one dollar for a first offence, to be paid before the water is again turned on ; for the second offence a fine of two dollars shall be paid before it is again turned on, and one dollar .shall be added to the fine on each succeeding occasion before the water is let on to any premises where waste is repeatedly detected. 385. The board of city works shall annually submit to Board shaii sub- the city 'Council a statement made up to the 30th '""^'*''^*''"-"'- day of April, showing whole amount asses.-ied for water rates, the amount collected, the actual cost of maintenance tor the year, specifying the amounts paid for salaiies, labor and mateiial, the number of water closets and other fittings and specials as&e.ssed for, and amounts derived from each, and the names of parties and corporations with whom special agreements 1 ive been made, and amount paid by each ; such statement shall be printed in the annual report. 386. The by-laws, rules, regulations and ordinances of By-laws, rules the city council in relation to the collection of water rates coiifinnedV""* and the scale of rates therefor, established by the city council or its board of works, and now in foice, are hereby confirmed. But this section shall not apply to rates fixed by statute. 94 CITY OF HALIFAX. Board nf workR may alter and amend. 387. In addition to the foregoing rules and refjulations the board of works under the sanction of the city council shall have the power from time to time, as circumstances may require, to alter and amend the foregoing rates, rules and regulations, and to issue printed instructions for the guidance of water takers, and to impose such conditions, terms and penalties, as in their judgment may seem to be in the best interests of the public, the water department and the city, for the more effectual prevention of the waste of water and for the prevention of fraud. Sales (for taxes, lists of land lia- ble to. Duty of city board of asees- 8or8. Warrant for sa'e of land, form of. XIV.— Sales for Taxes. 388. The city collector <.1 rates and taxes shall, on or before the 31st day of December in each year, furnish to the board of city assessors a list and description sufficient to identify the same, of all the lands in the city of Halifax in respect to which any taxes have been due and unpaid since the first day of June in the year preceding, with the amount of taxes payable in respect of each, which list shall be headed '• list of lands in the city of Halifax liable to be sold for arrears of taxes for ^he year 18 — ." 389. It shall be the duty of the city board of assessors carefully to examine said list and ascertain if the lands therein mentioned are pioperly described, and they shall notify the occupants of said lands, if any, and the owners thereof, if known, upon their respective assessment notice for the current year, that the land is liable to be sold for arrears of taxes, and said board of asse.ssors shall before the 31st day of May in each year, return said list, or a cor- rected copy thereof, in case any error is discovered therein, to the city collector, signed by the city assessors, or any two of them, and said list shall be filed in the office of the city collector for public use. 390. In case the taxes upon any of the lands mentioned in said list, with interest thereon from the first day of August following the month in which said taxes were due and payable, have not been paid to the city collector on or before the first day of September following the delivery of said list by the board of city assessors to the city collector of rates and taxes, the city toollector shall submit to the mayor a stfitement in duplicate of all the lands liaWe under the provisions of this Act to be sold for rates, which shall contain a definite description of each lot as far as the same can be ascertained, with the amount of arrears of taxes set opposite to the same ; and in order that each of such lots may be desciibed as accurately as possible by metes and undt [Seal TAXATION. bounds snfticiently definite for the purpose of identification, the city collector may call upon the recorder and city engineer to render all necessary assistance foi' the purpose of obtaining such description, and the officers last mentioned shall in addition to any duties now imposed on them by law perform the duties by this section prescribed, and the mayor shall authenticate each of said statements by affix- ing thereto the seal of the corporation and his signature, and one of said statements shall be deposited with the city clerk, and the other shall be returned to the city collector with a warrant thereto annexed under the hand of the mayor and the seal of the city in the following form : FORM OF WARRANT. Province of Nova Scotia, ) City of Halifax. j To the City^Cullector of Rates and Taxes of the City of Halifax : Whereas, by a rate of assessment made in conformity with law, the lots of land and premises mentioned in the statement hereto annexed have become liable to pay the several sums set opposite thereto for city, county, poor and school rates, and taxes assessed on property in the city of Halifax for the year 18 — , which said rates and taxes are still due and in arrears, and payable to the city o\ Halifax in respect of said real estate, and sa'd lots are also liable to pay the interest on taxes and the expense of collection, which sums form a lien thereon pursuant to the statute. These are therefore to require and command you forthwith to levy upon said lands for the arrears of taxes due thereon respectively, with interest and expenses and in default of payment thereof to sell the said lands or such portions thereof as may be necessary at public auction after thirty days' notice pursuant to the statute, and that out of the moneys arising from the sale of each of said lots, or por- tions thereof, you do retain for the city of Halifax the amount of taxes, interest and expenses due in respect thereof, and that you do pay the balance, if any, to the accountant general of the Supieme Court at Halifax. Herein fail not, and make a return to me of your doings under this warrant within ninety days. Given under my hand and the seal of the citv of Halifax, this day of , A. D. 18—. A. B., [Seal]. Mayor. 95 06 CITY OF HALIFAX. What evidence of IvKality of proceedin^B. 391. Any Htatementa or li«ts *"^ si^'ned by the mayor and sealed with the seal of the city, or a copy tliereof, or of any portion thereof certified under the hand of the city clerk, shall in any suit or other proceeding relating to the assessment on the real estate therein mentioned, or at which it may be questioned, be received in any court in this province as conclusive evidence of the legality of the assessment, and that tlie same is due and unpaid, and that each lot of land in said statement mentioned is legally liable for the amount of taxes set opposite the same, with interest and expenses, and that .said amount forms a lien on said land. Duty of collec- tor on receipt of warrant. Adjourmiientof 392. The city collector shall on receipt of said warrant prepare a copy of the list of lands to be sold, and shall add to the de.scription of each parcel or lot the amount of taxes due, the interest thereon to date of sale, and the proportion of costs chargeable to each lot or })arcel for advertising and for obtaining the proper description thereof ;and shall cause said lists, together with an advertisement of sale, to be published for at least thirty days by one insertion each week in two daily newspapers published in the city of Halifax previous to the sale, 393. If at any time appointed for the sale of land no bidders appear, the city collector may adjourn the sale from time to time. Sale of land in payment of taxea. 394. If the taxes have not been previously paid, or if no person pays the same at the time of sale, the city collec- tor shall sell at public auction so much of the land as may be sufficient to satisfy and pay the taxes, with inteiest and expenses, selling in preference such part as he may consider best for the owner to sell fiist, and the amount of taxes, interest and expenses stated in the city collector's adver- tisement shall in all cases be held to be the correct amount due. may pay. Mortiiragees, 395. Any mortgagee, judgment Creditor, or Other peison tor8^"&c.'^,'^&^!i having any lien, charge or encuuibrance, upon or against any lands liable to be sold for laxes or in respect to which any taxes are due, may at any time after a lien for taxes in respect to such lands shall have attached under the pro- visions of this Act, pay the amount of such taxes together with all interest and expenses to the city collector, who shall give a receipt to him therefor, and thereupon such mortgagee, judgment creditor, or other person, may add the amount so paid to his mortgage, judgment or other security, ^ TAXATION. 07 an 422. The board of commissioners of city works shall be named and elected by the city council annually, the said election to take place on some day in May, not later than the fifteenth day of that month. Commissioners 423. No person shall be at the same time a commissioner eiicibie. of schools for the city of Halifax, elected by the city council, and a member of the board of commissioners of city works. Pay of board . 424. The board of commissioners of city works shall be entitled to receive a sum, in no case to exceed a thousand dollars, for each civic year. Out of such sum the chairman shall be paid such amount, and subject to such conditions, as the board may with the approval of the city council determine, and the remainder thereof shall be apportioned amongst the other members of the board, according to the promptness and regularity of their attendance at the meet- ings of the board and the committees thereof, and the amount of work performed by each, as the ])oard may decide. Chairman, how appointed. 425. The nomination of a chairman of the said board of commissioners of city works is hereby vested in the com- missioners of said board ; but before he shall enter upon the duties of his office, his appointment as chairman shall be approved by the city council or a majority of the mem- bers thereof. In event of the council disapproving of the selection of the commissioners, power shall be vested in the council to appoint a chairman. It shall be the duty of the chairman to preside at all- meetings of the board and exercise a general supervision of all proceedings under this Act, 01' anv statute relating to water works or streets or city property of the city of Halifax, or of any ordinances of the city relating to the same. connnitsioners, 42G. The Said Commissioners, and any commissioner to ow removal e. y^^ hereafter elected by the city council, during the year for which they or he may have been elected, shall be removable by a vote of at least two-thirds of the whole council. CITY WORKS AND PROPERTV. 105 427. The said commissioners, subject to the control of Powers o com- the said city council, nie heieby clothed with all powers, and are authorized and required, to perform all duties which before the establishment of a board of city works were enti listed to and performed by the commissioners of water supply, the committees of streets, and the committee of city property of the city of Halifax, except so far as the same are inconsistent with the provisions of this Act. 428. The city council are hereby empowered to appoint omcers and eir- all officers and employes who are necessary to act and be pointed.''"" ^^ employed by or under the same boaid of commissioners of city works, and to name and establish the several amounts to be allowed and paid to them respectively for their services. 429. The board of works shall have power to make Power to make contracts for the supply of labor and materials for streets,'"" ^'^^ ^' and for the use of such horses and carts as shall be required for the street service of the city of Halifax, provided that any contiact involving an expenditure of more than five hundred dollars, shall be subject to the approval of the city council. 430. The board of works -hall annually, as soon after Board shui sub- the appointment of the commissioners as possible, submit to'"" ^^'""**''*" the city council all estimates for the CApenditure on the streets and sewers for the ensuing year ; and of other moneys required for the work to ba done in connection with their duties, and if the estimate be approved the same or a smaller sum shall be granted and paid out of the general revenue of the city and placed at the disposal of board. 431. Any member of the board of commissioners of city Penalty for vot- works present at any meeting and voting for the payment jep7"not^author." of any money for any object not authorized by law, shall ■'^'^^ ''J '*^- be liable to a penalty of one hundi-ed dollars, to be recovered as a private debt by any person who will sue therefor ; and in case of any misapplication of moneys received by any such commissioner for or on behalf of the city or by virtue of an Act of parliament, the same may be recovered from such commissioner as money received to the use of the city at the suit of the city of Halifax, together with the costs of suit, in any court of competent jurisdiction. II. — Expropriation of Lands. 432. Subject to the provisions of the three following .expropriation of sections, whenever the city council of the city of Halifax'"'"^*" shall require any land, real property, stream, water or water 106 CITY OF HALIFAX. courses, brook, jivulet or run of water, or lan-l covered with water, oi any easement or right in any private property, or the right to dam, stop up or prevent tlie out- How of water in whole or in part fiom any of the lakes or ponds from which the present watei- supply of the city is derived, for the purpose of extendini;, increasing, oi" im- proving the said water supply or water service for the city of Halifax, or for the construction, maintenance, or improvement of any hydraulic apparatus or appliance, or any other appaiatus or appliance at or connectecl with any public works belonging to the city, or for the purpose of obtaining access to any lands now owned or hereafter to be expropriated b\ the city under the provisions of this Act, tliey may for such purposes contract and agree with any and all persons, bodies corporate, guardians, tutors, curators and trustees whatsoever, not only for themselves, their heiis, executors, and assigns, but also for and on behalf of those whom they rupresint, whethe" infants, minor children, absentees, lunatics, married women, or other persons incapable of contracting, possessed of or interested in such lands, real property, streams, waters, and water courses, brooks, rivulets, oi runs of water, and other rights above mentioned ; and all huich contracts and agreements, and all conveyances or other itistruments made in pursuance of any such contract or agreement, shall be valid to all intents and purposes whatsoever Proceedintrs 433. In case no such contract or agreement is made or caifnot bc'imde'^ can be made or comc to,or theowneror owners arenotknown, or either of them are absent from the province, or in case the city council is not able to obtain a good title, they are hereby authoiized and empowered to expropriate such lands, real property, streams, water, water courses, brooks. . rivulets, oi- runs of water, and other rights above mentioned so required by them, and to authorize any person or persons, I by resolution of the council, to enter upon any lands to whomsoever belonging, and to survey and take levels of the same, and make such borings or sink such trial pits as is deemed necessaiy for any purpose relative to the purpose for which the same is taken ; and the said city by its council may authorize any person or persons, by resolution, to enter upon and take possession of any land, real property, stream, water, or land covered with water, water course, brook, rivulet, or run Oi water, the expropiiation of which is in their judgment necessary fr.r the uses and wants of the ci*y, as in the 432nd section defined, and may acquire the same on giving ten days' notice of said expropriation to the owner or owners theieof if known, or if not known, to CITY WORKS AND 1 HOPERTY. 107 tlu' person or persons in possession, if any, and also in cumo the owner or owners are not known, by pnhlication for the space of thirty days in two or more news[)apers pnhlished in the city of Halifax, of a notice to the effect that the said city intends to expropriate the same; and on payment of the vahie thereof, to he ascertained as in section 4.'J4 pro- vi(k(l, into the supremo court at Halifax, thorenpon the right, title, and interest in the land, and lanasements as aforesaid, shall pass to and vest in th(i city of Halifax for the purpose for which the same were expiopriatod. I'liviiipiit for IiimiIh fx|iri)- |iii;tti'(l, 4.S4. Upon the expropriation of land, or land covered with water, real property, stream water, water course, hrook, rivulet, or run of water, or other rights and privileges tinder this Act, or upon the taking of any land required for the iniproviMnent or enlargement of a stieet, or upon the removal of any buildings, projections, walls or fences or portion thereof, under section 432 of this Act, the city council shall pay into the supreme court at Halifax, a reasonable value in their estimation of the same, and give notice as provided in section 43.S to the owner or owners, if known, and if nt)t known, to the party or parties in posses- sion, and by publication as provided in said section 433, that said valuation lias been paid into couit as aforesaid ; and in case such owner or owners is or are not satisfied with \ri)itration. such sum so paid in, then the city council shaM appoint one arbitrator, the party on whom said notice h«.'ar.s' standing', for the city of Halifax, and vote an.l pay to hini out t)f the city funds such u sum of money as the said council may dei^m propel- for such sei vices, and he^hall per- form such duties and complete; such vvorUs as hu shall ho instiucted and directed hy bcjard of conunissioners of city woiks to conduct and peifcrm. IV. — Thk Stukets. 439. The legal title and the soil and freehold of all the soU mid freehold streets in the city of Halifax now o|)en, and which have ° '"^'''" "" heretofore heen dedicated to and accepted hy the said (;ity hy resolution of its council, ami all streets conveycMJ to said city, or laid out under any statutes relatiri}^ to said city, or under any law of the province, shall he vested in the cor- p iration of the city of Halifax, and it shall keep in rcspair all such streets, and no othcis. Hut no street now opened or hereafter opened or deflicated to the public, shall be chargeable upon the said city, uidess the same has been accepted by a resolution of the city council, or such street has been laid out under the statutes of the province. 440. The city council shall keep in repair the streets, iiopairofHtreetB, 1 .1 1 !• I f • 1 •». 1 It* sewers, &c.,&c'. .sewers and other public works or said city, and on neglecting or refusing to do so, upon ten days' notice in writing hiMng given by any person interested therein, and who is or has been injuriously att'ected by such neglect or refusal, may be compelled by mandamus Issued out of the supreme court, to" make from time to time the necessary repairs to preserve and maintain the same, and .shall be liable to pecuniary damage to any person who, or whose property, is v^ injuriously affected by reason of such neglect or refusal. 441. After the passing of this Act, all sums re()uired for sums requirea street service within the city of Halifax shall be borne by how'borne!'^^""'' and taken from the general revenues of the city. 442. The city council shall have power to lay out any I'ower of city new s(juare, street, load, lane or highway, to enlarge, out "new^streets, improve, make stiaight, alter or widen any square, street, '^*'' •**'•• *''• lane, passage or public place within the city ; and for that purpose to remove, when neces.sary, any buildings, projec- tions, walls, or fences, or portions thereof. no CITV Of IIAI.IFAX. Fnm.um of 44;]. Tlio foKMiiaii of works, undur the diroctioii and •iipuriiitcixi. control of the city en<,'ine»'i-, shull .superintend the ^'eneral Htute of tlie streets within the city, and sfialf attend to the laying out.'wideninj^, elevation, repair and cleiininjr of the streets, and inakirig, repairing and iinprovinjjf of any bridges, drains, sewers, gutters, channels, pavements and side-walks, within the same, and shall give notice to the board of any nuisance, obstruction or encroachment thereon. Further duty of 444. 'f^e foreman of works shall inspect carefully all foruiimii. . .I'lii'- • e operations coimected with uigging up or opening streets tor the purpose of water or gas pipes being laid or repaired, and replacing the surface properly ; and in all cases when per- mission is given to open or disturb the surface of the streets he shall report to the city engineer if there bo any neglect or impropei- proceeding therein on the part of companies or others opening such streets, Niw romiH or 44'). Hereafter no proprietor or possessor of land in streets, ))<)\vor ot ,,..., . ' *• ' , ^ city oiincii. the City shall lay out or open any new road or street over or on his property of less than sixty feet wide, and the city council are authorized in their discretion, wholly or partially to close up and obstiuct any road, street, lane, or thoroughfare whatever, of less than sixty feet in width, which may hereafter be laid out or opened, or which may have been so laid out and opened contrary to law. By-laws and 44G. The citv couiicil shall have power by by-laws to Su"""* ""* *" pass any regulations, and to amend and alter the same, necessary for preserving the streets from encroachment, and prevent any projections, balconies, signs, cellars, doors, or other erection^ which may l)e prejudicial to the streets, and to remove and prevent all encumbrances thereupon. 447. The city council shall have power from time to time to make such rules and regulations as may be deemed necessary for sweeping and keeping clean thj city, and streets and side-paths, and for compelling the ov»^ners or occupants of tenements to keep clean the side-paths, and to remove or deposit ottal, ashes, or other material, at such times and in such manner, and at such places as may be thought proper, and under such regulations and penalties for non-compliance with the rules and regulations so made, as may be thought just. 448, The board of works shall remove all encumbrances upon the streets, prevent encroachments thereon, make alterations and improvements thereon as required, open new streets when authorized, make and repair bridges, and cause Regulations for kct'pinsf clean. Removal cf cuuibrances. CITY WOllKH AM) FKOPERTV. HI to lie observe*! the laws toticliin<.f streets and hiid^'es, ov the work to bo pei formed thereon. 449. The board of works shall from time to time cause (Unniiiif ami the streets of tlie city of Halifax to be cleaned, repaired, J^j/IIJ,','^"" "' raiHed, sunk, altered or paved, as they may deem proper, and may also cause to bo du^and carried out of or brou^dit itito the streets, materials from the shores of the harb(jr, doing as little injury as possibKs in any case to the proprie- tors of the soil, and may employ and pay boatmen, caits, and laborers, as they may judge conducive to the accom- plishing the designs of this chapter, and may also make contracts for the repairing and paving the streets, and may put up bars and fences to shut up streets while undergoing repairs, and may raise, sink, alter or new lay drains, water courses, pipes and sewers, as thoy may think proper, causing as little detriment to individuals as the case will admit of, and may cause the course of gutters, water cours«'s, or channels, running in or through the streets, to be altered as they shall think proper. 450. All persons shall keep the side- walks, gutters and (leaning of side- streets before the houses, buildings, or land, inhabited or^|!.%V,./'^e'"'''*' occupied by them, free from dirt, filth and nuisance of every kind ; and whenever any encumbrance or nuisance shall be found in any of the streets, the person before or nearest whose house, building or land, the same shall be, shall be liable to a penalty of four dollars, and also pay thef expenses of removing the same ; the board oi works may cause the removal therec^f without giving notice to the owner or being in any way answerable therefor; but no person shall be liable to this penalty unless he shall have placed the nuisance or encumbrance in the street where found, or not having so placed it, he shall sutler the same to continue twenty-four hours without giving notice at the police ofRce. 451. Persons, by leave of the board of works, may nuiirtini. place in the streets materials for building, and erect posts, ""'''" '*''*• bars or enclosures, for securing such materials, and continue the same for such time as the board of works may give leave, and in manner as they shall direct, and not longer or otherwise, on pain of forfeiture. 452. The city council may cause wells to be dug and weiis ami pumps to be placed therein in the streets or roads of the''"'"''" city where they shall judge necessary and convenient, in manner as they shall direct. 112 CITY OF HALIFAX. Renu-(V»I o( 458. Tho board of works shall canse all things bcloiiu ing to any buiMing or collar, or to any groun«l or onclosuro thereof, wiueh may occ«i.sion atiy nuisance, encroaclnuent or annoyance in any street, to be reinove«l or altered in manner approved l)y them or the city engineer, or if it can be done without particular inconvenience to the ptdilie, they may sutier the same to remain, upon the proprietor giving security that it shall not be repan-ed or rebuilt, and also paying to the city a rea.soniihle atunial ground rent for the part of the street encroached on during the continuance of tlie encroachment. cityeiifrino*! to 4.'>4. All pe)si)ns intending to build or erect any build- stweT'lnoorurili^g '^>'' stiucture. or add tt> any building now erected, or cases. hereafter to be erecte«l, upon or close to the line of any street in the city of Halifax, shall, before digging a fiiunda- ti(^n, or beginning the building, apply to the board of ci>mmissiontn\s of cUy work-*, to cause the line of .street lo he laid out by the citv engineer, who shall lav out and detine the same, and shall give a cei titicate detining said line to the person so inttMiding to build, who shall then and not before dig the foundation and erect, the building, structure, or addition, within the line so detined by said engineer, and avoiding any encroachment on said street so Prooee«ii,nrs u\ defined bv Said engineer ; and if any j)etson shall erect ;i me'it'*"'"'"'""'''"l^»ilding,'structure\)r addition thereto, upi^n or close to the line of the street without making such a[)plication, and obtaining said certificate, or shall, after said line has ht>en SO ascertained and certificate given, build or erect any building, structuie or addition thereto, or any portion thereof, or any projt'ction beyond .«ai(l lint' of street so iletined in said certificate, the citv council may, l>y resoln- tion, direct the said board of commissioners of city works to remove the same, and it shall be the duty of said hoard to obey .said resolution, or the nia3'or of said city may direct its recordei' in writing to take legal proceedings to have the same removed. Summons to issue out of sup rtuie cou petition 4o5. The recorder on receiving said instructions shall rt*Tii present a petition to the Supreme Court, or a judge thereof, setting out such violation, and thereupon said court, or a judge thereof, shall issue a summons directed to such parties as said court or judge shall name, recjuiring him or them to appear before said court or a judge thereof, at tlie time and place mentioned therein, and if upun his or tluir appearance, or in the absence of any of them upon due proof of the service of such summons, it appears to said court, or a judge thereof, after a viva vuce examination of riTY WOlUvS ANH PUOrEUTY. 113 witnesses, tlmt the next prooi'dinj; olauso or any pint tliiM. i>f has not hoon ooninliod with, or has h»'(>n in any way viohitoil. said court or a judm* sluill niakr an t>rtkM' ilir»>et- ino; the ]ia»'ty eroctinii; said hnihlin^, strni'ture, or any addition thereto, or any otlur |)er.s<»n to iw nanieil in said order, to take down and rtMnoM' sai or any a.sts of the apidieation as said conrt or judmMh(>reoi' shall allow and h(> named in said order, ami alsi) the reasonable costs and expense.s of removinj^ .said huildinji[,and for that p\npos(> may direct th(> niat«>rial.s so taken down to he sold to jiay the same, or nuiy direct th(> party violatinj;' said n(>xt preceding section to pay said costs and (>xpenses. and in default thereof direct an t'xecu- tion to issue therefor. 450. In case any person has (U'ccted, huilt or ckUI- ••<'»iti"» •»"'< structed, or shall h(M'»>after erect, hnild or constrtict, any obstruction in or upon any street or hijujhway within th(> said city, or any jirojection ov(>r the line of said street, whether the same be part of oi* atta- hed to any buildinf,^, or luis authorized or .shall authori/,(, tlu^ same, or in case any owner or occupant permits the sanu? to be, built or constructed, the recorder of city shall, wlu>n directed liy a resolution of the city council, or by the nuiyor, apply to the Supreme CJourt or a jud^e thereof for removal nf the same in the manner directed in the next i)recedinli('iimctl- iiiriii, lOTI, who shall investi;L:;at W'OrkM In I'llm! of remedy it now lias, shall have all the rights and rome(ne,s,.iHr.meen collected. All amounts so collected shall he exclusively appropriated for seweraf^e service, or in reducing the indebtedness of the city for sewerage service. ttiKiitof owner 4S3. The owners of any land liable for .sewerage rates to !>»> m full, as aforesaid may at any time pay the full amount thereof, less unaccrued interest, to the city collector, who shall give a receipt therefor., and upon the same being countersigned by the mayor the lien aforesaid shall be extinguished. Where owntra or 484, The owners Of occupiers of any lands or premises paw'tiidr 'pro" who Imve alreafly paid their proportions of the cost of portions. constructing any common .sewer to drain the same, as here- tofore required by law, shall continue to use the .same or any new .sewer which may hereafter be constructed free of charge for the nuud^er of feet for which they have so paid ; but such owners or occupiers must produce, if so requirefl, sufficient evidence in writing to prove to the satis- faction of the city coancil that they liave so paid their just proportion. sewcratre rates 485. All scwcvage ratoi which have been assessed, or ossegsoii Imt nil- i • i i i i- i i ^ i i i ii • paid, when due. which are uow asscssable or liable to be assessed under this Act, and which remain unpaid at the passing hereof, .shall be considered as having fallen due on the 31st day of May following in the year in which the .sewer was completed. City council may 486. It shall be lawful for the city council to order the ortler construe- ,,• iii- ' c tiou. construction, alteration or repair or a common sewer in any street or elsewhere in such city, although no petition has been or shall be presented to such council. Moneys collect- 487. All moneys collected from time to time for sewer- e , iov\ appi ■ Q^gQ rates and not specially appropriated for sewerage service, shall he applied in reducing the city's indebtedne.ss for sewerage service. Notice of rou struction of con;- njon sewer, &c. 488. Whenever it shall be determined by such board to construct a common sewer, or whenever any street or highway shall be about to be newly paved or repaired in which a common sewer shall liave been already made, public notice shall be given to the inhabitants and pro- prietors of property on such street or highway, specifying CITY WOHKS AM) PHOPKUTV. 121 )r sewer- II drulri, how re- "'" piiroil, &c., &c. the time within which they may connect private drains from their liouscfi, yards, or lots of land with such common sewer. 4H9. All pahlic sewers and drains shall he repaired s«wer» and and kept in order at the expense of the city; and private drains in connection therewith shall he constructed and k(!pt in order by the proprietors respectively henotited by such private drains, but under the supervision of the city engineer or other proper officer. 490. The board of commissioners of city works shall powcm of board, have power in all cases where there is any common sewer*"' in any street or thoroufjjhfare, to cause every owner of land adjoinin<; such street or thoroughfare, or his t».;;ent, to make a sufficient drain from his house, yard or lot, when- <^ver in the opinion of the board the same shall be neces- sary, and shall thereupon give such owner or agent notice in writing? through the city engineer, specifying the time within which such drain shall be completed ; and in case such owner or agent shall neglect to complete the same within the time specified, such board shall without further notice cause the same to be done at the cost and charge of such owner or agent, the amount of which may be recov- ered by an action in any court having jurisdiction over the amount ; and for the purpose of carrying out said work and making said drain, and connecting the same with such sewer, the city engineer or foreman of works may enter in and upon said land, dwelling house,' yard, lot or premises, with sufficient workmen, and make all necessary excava- tions, and do all other acts or things therein and thereupon as the said engineer shall deem necessary for the purpose aforesaid ; such drain to be of crock pipe or such other material as the city engmeer shall determine, and the cost, and expenses thereof shall form a lien on such land, and be enforced as any other lien under this chapter. 491. Such connection, if made by the owner or his connection if agent, shall be inspected and approved by the board of tobe%proved works, or such person as thej^ shall appoint, and if the ''*' *"'"''■ same is not so approved the board shall notify the owner in M'hat respects the work is defective, and if the defect is not supplied within five days after notice, the board shall proceed to complete the work, and the same proceedings may be taken to recover the cost as in the last preceding section mentioned. 492. The work done by any owner under either of the work not to be two foregoing sections shall not be covei-ed until the samcspected. is inspected and approved, as in the last preceding section provided. 122 CITY OF HALIFAX. Regulation as to private drains. Level of private drains, &c. Penalty for mf. 493. No dwelHnfj hoiise fronting on any street alontr ttoirofceMpiu, which a sewer is constructed, or the nearest part of wliich privies, &c jj^ ^g^^ yards distant from a sewer, shall have connected or appurtenant therewith or thereto any outside ch)set, cesspit, or privy, and the owner of any dwelling who shall suHim' any such closet, cesspit, or privy, to remain on his preini.scis in contravention of the provisions of this section for ten days after being notified to remove the same, shall be liable to a penalty of Hfty dollars. 494. All private drains shall be laid in such direction, of such size, and with such descent, and where recjuircd with such strainers, as the city engineer shall require ; and such drains shall not, under any pretext, be closed or covered up until examined and approved by the city engineer. 495. All private drains must enter the com.mon sewer at such a level as the city engineer shall direct. The manner of piercing or opening into any common sewer, and the form, size, and materials of which connection therewith shall be made and composed, shall be subject to the direc- tion of the city engineer. Power of board 496. The board of commissioners of city work, with the re8pec't?nK*''pri-^*"ction of the city couucil, shall have power to issue vate drains. forms of application and permits to break the soil of any street or thoroughfare for the purpose of laying private drains ; may impose such terms, conditions, or regulations as in the judgment of the board and city council are necessary ; and any infringment of such terms, conditions, or regulations shall be deemed a violation of this Act, and ;^nay be dealt with accordingly. 497. No person shall break the soil of any street or thoroughfare for the purpose of constructing or repairing a private drain, or enter any private drain into any common sewer, without first having filled up, signed and delivered a form of application, to be obtained at the city engineer's office, or without having obtained a permit from the board, or from such officers as the said board may direct and authorize to issue such permit. 498. In the event of any person doing any improper work, either in lajnng or constructing any private drain, in making an improper or unworkmanlike connection with the common sewer, in refilling, reforming the road way, or| in doing any other matter or thing contrary to the regula- tions of this Act, or the directions of such board, communi-l Form of applica tion for permit. Power of board in case of im- proper worl<. CITY WORKS AND PROF^RTy. 123 cnted either verbally ov in writinpf through their officer, then the board shall, with or without further iiotict-, as they may deem advisable, cause all doubtful work, and all such as has been constructed in an improper or unworkmardike manner, to be taken up and rebuilt, or reformed and made, at the entire cost and charge of the offending part}'. 4!>0. No person shall injure, break, or remove any per- no pomon to oh. tion of any receiving basin, covering flag, man-hole, vent feir'wuh'' any shaft, grating, or any part of any sewer or drain, or obstruct '"-"^**"'- the flow of water, or pernjit any substance to iow into any sewer or drain which shall form a deposit.havinga tendency to fill or obstruct such sewer or drain. 500. All assessments, expenses, costs and charges f'',^^ "">y«"p'<"" 1 1 ,1 , . o 1 • » 1 1 . • 1 "all costs and as- incurred under the sections of this Act relating to sewers, sessmetits, &c. or in carrying out the provisions thereof, may be sued for in the name of the city, and shall be recoverable in any court having competent jurisdiction over the amount sued for. 501. Any person failing to comply with, or offending I'enaity for non- . 'i< ii • • /•ill 1 '-'ompliance with against any or, these provisions, or or the terms or regula- forouoitiK i>rovi- tions imposed under the authority of the city council, shall*'"""' ''*''^^' *'"• for each offence be liable to a penalty of not less than five nor more than forty dollars and costs of prosecution, or in default of payment, to an imprisonment of not less than five nor more than forty days. 502. The city shall not be held responsible for damage city notrespon- one by sewerage waters flowing into any cellar where thci,, certain cases. regulations of this Act have not been complied with by the owner, or in any cellar constructed to a greater depth than within two feet of the level of the bottom of the common sewer directly in front, or where sufficient descent to the private drain has not been given. But in all such cases the owners or occupiers of such cellars must take proper precautions to prevent accidents. 503. In cases where a sewer is reciuired which shall "lure sewer ii 1 I p 11 -i ii 1 1 1^ ii runs tliroiii?h run through property ot the citj' other than a street, the city property. entire cost of the construction of such portion thereof as shall be in such city property shfdl be borne by the city. 'r^. 3 ■^ 504. No property whatsoever liable for sewerage rates Property not to shall be relieved from payment of the same under any paymenrot 8^!vv- Circumstances. erage rates. 124 CITY OF HALIFAX. Deflnition of per- 505. In the sections of this Act referring to sewers, the term " street" shall include street, lane, highway, court and thoroughfare ; tlu; words " assesnuient " and " assessed ' shall be construed and taken to mean the computation of the value of the measurement of the number of lineal feet of each lot. Petitions, re- 506. All petitions, reports and correspondence con- whore deposu- nected with drain«* and sewers shall finally be deposited at "•*' the city engineer's office, where they shall be regularly numbered, endorsed and tiled, so as to be easily referred to. RecristrBtion 507. The city council are hereby authorized to make piunibeV»*&u. ° rules for the regulation and compelling the registration and licensing of plumbers in the office of board of works, the manner and mode of doing plumbing work in any buildinn; in the cit}', and the kind of materials to be used, the mode and manner of connecting all buildings with the public sewers, the construction of and material to be used in drain pipes, and the size and thickness thereof, and the manner of fastening the same in any building, and the regulation and size of all rain water lead pipes, sewer soil pipes, and the testing of all pipes, the regulation and building of all sinks, basins, water closets, stop hoppers, trays and waste pipes, and the proper construction of water closets, and the supply thereof, and to prescribe fees to be paid, and to impose penalties for the breach of such rules, including impiisonment for non-payment thereof, said •■ regulations to be subject to the appoval of the Governor-in- Council. City '^0""':'' ^\ 508. Whenever a public sewer has been or shall here- city health hoard « , i . ^ , . nia.v fix date for alter be constructed in any street, or where in any street &c.'',&o.r&c.^''* ^" which a public drain now exists, the city council or tliei city health board shall by resolution fix a date when any cess pits or privies shall not be allowed or permitted toj exist in connection with any dwelling or building on said streets, or upon any premises, the city health board shall! have the power to order said privies to be removed and cess pits closed up at the expense of the owners, oocupiers or tenants of said dwellings and buildings, and to compel I all owners, occupiers or tenants of said dwellings or buildings to puovide proper water closets and connect withj such sewer, under such penalty as may be prescribed by ordinance or by-law on the subject. 509. No owner, agent or occupier shall permit or allow! Penalty for al- lowing water to . . ,. 1 ii>" 1 1 run over the any Water to escape or run iroin any dwelling house, yard, streets, &c. ]q^ q£ land, or premises, into, upon, over, or percolatej CITV WOKKS AND I'HOFEIITY. 125 tliroujijh Rny sidewalk, streets or gutter in the city of Halifax, and any such person perinittinf]r or allowini; the same shall he liahle to a penalty not exceeding fifty dollars, and if not forthwith paid he shall he lial)le to iin[)iisonnient in the city prison for a period not exceeding three months. lovernor-ni- VIIL— Watku. 510. The hoard of works, vvitli the sanction of the Board of works City council, nmy troin time to time, at such tunes as tliey oxtumiwatcrser- niay deem it expeiiient, improve, extend and eidarge the *'''"• water works of tlie city, or make and construct new works antl lay new pipes, and do all things necessary to afford a sufficient supj)ly of water. all. The service pip(;s for water supply to housfs, service |)ip«, buildings or establi.shments shall be carried at the public''"*''*''''"'''' expense from the mains to the side line of the streets when it shall seem expedient to the board of works to lay such pipes, or when recpiired to do* so by notice in writing from the owner of any house or building opposite to which a main is laid, and such service pipes at the same time shall be carried through tlie wall of the house to wliich water is to Ite supplied, upon permission being first obtained from the proprietor or t(;nant of sucli house, aiul all beyond that distance at the expense of the owners or tenants for life, or for renewable terms, or for a term exceeding five years of the pre^nises .so supplied. 512, In the laying down, construction, repairing, and RiK'ht of entry alteration of any main service pipes under the provisions"" ''*""'''■*' of this Act, the board of works and their servants, agents, or workmen shall have full power, and they are hereby authorized from time to time, as occasion may require, to enter upon any lands and tenements in the city, whether inhabited or otherwise, and may rerruiin thereon as long as they may deem requisite for the proper execution of the woik ; and may make all such excavations on the premises as may be expedient, and take up and remove any floots, timbers, planks, or an}' walls, fence^^, or erections whatsoever, doing no unnece.s.sary damage to the same, and carefully replacing the same upon the requisite work being performed ; provided that no such entry shall be made between the hours of sunset and sunrise, nor without the permission of the owner or the occupant, if resident on the premises, being first requested; but the refusal of such permission shall not prevent or delay the execution of the work. i 120 CITY OF HALIFAX. w*tor iiu>t.'M, 510. Tho citv ^loanl of woiks innv at ntiv ihw tlicv rental anu rato. , ', , , . ' i ,»•' i tioom projxM'. ofdor a water nu'tor to he ainxcil on anv premisfs. ami the ehai'go .simll hu at tlio rato of tvv<^ cents per liuiulre«l gallons, with such annual rental on tho meter as tho hoanl of work.s may deem e(|uital)lo. wiiereniotcr .") 1 4 111 casc the meter shall fail to ri'ifisrer coniM'tlv, fails to roRis- .i i i i. i i n i » • n i i i ". t.i. the board or works sliall deternune tlie probahio amount of water used, and maki^ an e(|uitalilc charji^e for th(; same. Pron'isos shall ol'). Premises upon which meters are used shall, how- than 'll'oncia^ Gvor, iH HO casG pav Icss tliau the general rate, as horein- •■ati'- before provided. injniios t.. «nHponsibK> Uniporintf with e ,\ e Lt l i -c • nioteis. for the care ot tho meters, and it m any case any person injures or t!inijHM>' with a meter in any way, th(< occupant shall be liable to a fine of not less than JiflO, nor more than liSlOO. ivrsonsniRvsnp n\7. Pcrsous wlshiun; to siipply their own meters may pl.\ thoir own , , . 7- !• il ' 1 1 nioiois. do so on the written sanction ot the board. AntlioriztHl offi- cials vijiht to enter. Waste prohibit- ed. Penalties. r)18, Any authorized oHicial of the city of Halifax shall have the rii][ht to enter upon any premises betweiMi tho lu)urs of S a. m. and '.! ]». in., for the purpose of ascer- tainiiijj; the number or state of the water fittings or pipes, or for tixinn; or examininijf an}' meter, or to see if the water is unlawfully taken or usetl, and he may remain therein for such reasonable lon^'th of time as may he necessary. Any unnecessary damage ho may do or occasion shall he made good by the city ; and if any person after two hours' notice, shall prevent his entry into any house, hall, passage, cellar, or other place where water pipes or fittings are supposed to be, or at any time interfere with him in the pro[)er discharge of his tluty, the; board of works may order the water to be turned off from the premi.sesof the offender, and in addition thereto he shall upon conviction before thf stipendiary magistrate pay a tine of :;ot loss than !#5.()(), nor more than ^20. ol9. The waste of water under any circumstances is proliibited, and when detected tho water shall lie turned otl" f rom tho premises and a fine of one dollar paid before it is again turned on. For the second oti'enco a tine of two dollars shall be fiaid before it is again turned on, and one dollar shall be added to the fine on each succeeding occasion before the water is let on to the premises where vv^aste is repejitedly detected. CITY WUllKH AND PHOPKHTY. 127 520. No pprsnu ujwinMioriztMl hy tlu5 board cf works or I'l'tmit.vfor.iraw. liro ficpartmcnt. Hlinll roceoding with the work, mal grant, purchase, conveyance, or assignment of the same respectively, subject neverthele.s.s to and saving any interest, property, possession or right, which may have been a?tpiired by any person under anil by virtue of the statute of limitations, and reserving to all persons whomsoever, all charges, encumbrances, claims and demands, whether at law or in equii,}'-, now subsisting upon or against the said real estate, or any part thereof, and the same shall be and remain a charge upon and against the said corporation and city of Halifax, its estates, property, and ert'ects, excepting herefrom the public penitentiary, the gaol, the churches, or other places of worship, the glebes, the school houses, and the grounds thereto appertaining, which are not intended to be affected by this chapter. North fish mar- ket. 526. The city council may apply the property of the city known as the North Fish Market, and the wharf and slip thereof, to such use or purpose as they deem foi the benefit of the city ; provided a landing and passage of ten feet at least be left from the water to the street thereon for public and fr^e use. .-4t:.-,,.»».i^ PUBI.IC HEALTH. 12a 1(1 benefit the town 'itliin tlu! purpoisos ; d out or irpose, or 1): the city or other use, have aw or in Hnagazine ir thereto, board of Vest Arm, s attached )ridge, the Abater lots places or ■ cemetery a, and the low stan\lliO AH to i^itlnHntf INruMtu'lnl Monlllt A»«l, ntiil ntjv nfluM* i( !»y Ifiw tiptiM ImnnU of honlih. {k). P'ot oo«t. nMil nx|M>Mf(M» ov»• VpfMMnil It) i)'» PM, nuil ftit rnllni'liinr rtMil iiM'oviM'iny; tlu' HMtoUMt M(» »»x|»i't»tlt'il liy fliMJinsH nmi «nl»» of tlM^ ^ooiIh ov iMopiMty of (lu» )mmboii or roipoiHlinn «o !ipy;liHMiMg n»- v«'ftiMln|i, ov liy nt'tion at kw. ofotnnrwiHP. A.1M. t*»ovlil»Ml nlways. liowovtM, Hiivl niiy •n^iihitinii'* ov 04'iler Mmilo l»y ■^nid boivnl nuiliM- (his Act iiiny 1m» dw nllowod fit. nny tlM\p l\v tho liiiMitPimMt (lovnttiof in r(>\Mh»il, rtMd thn flniil Uonul ^hnll itiuniMlintoly, otJ r(«r»'i|il of nny otilor-iM ronuril ill'^nllowiMff thn Mniitc. ^ivw |tnlili(' MOtic»> tluMl>0f, if it lw> ft ^(MUM»ll fCyillfttioM, llinl Motico til tlM> p«M'«on fttrm'toil if it l>o a partionkr orili»r. ftf^O. Aviy nwA nil rniiMlntionn pimm'il l»y '*ix\(\ liutiiil Mi\dor tluR Act t*\\n\\ l»o oonsidiMiMJ rttul dccnicil in foici' f\^^\^\ tl^p dAt(> of the tir«t |M»ltlioAtioM of tiie sftMio JM iIip /i'o*/*?/ (ixii^Uf, Mu\ slmll nlwo l>p pnl>li«lied l»y thn Itoiitil in »U io«Ht OMP otIwM- pnppi pnMiMhpil iM H\o city of llaliffix, hv 0M« insertnlation« or orders, (he hoard or ibj ot^ieeis toav \ise fvuoe and eoiplov Nuoh a.s< Inty <»r nH tmiitm \vlin (]<» l.l»p Mnmi' V iMtllm'tiiit; iliHhnsH anil cofiM»mMi»ii re^ulfvlii'iiH innv hv onloisl of whioli iio| bonrtl.ovsliftllj Ins atity, sliiill (I on non pay u- a tcnn not^ Inch tho boRiyl onlers, it nhftl board to m\^r HAcil of Hiiliffti| I'kmii liniu to lime Htwl at all iirriM*) on tho foll(;wirit< miliji'ctfl : — ' {a). Tho i\iu^ Mu\ innriripr of ntn^tii ('ipaning, nut] the coiwiition aiwl Jrn|»rov»»mMnfc of t,h« Mfcrnotw arMl piif»li(! plar!ern n,nd piildin drairm, and the manner and mode of oonnertin^ the name with piildie and private hnildinf^n, («). Tlie eondifion, rontitriietlon and ro^tdatin^ in lenpeot to Mnnitary niattcm u\' dweliirit/ liooses, Hf;hfK>h, liotein, factories, and piihlic and private huildtngs in the oitv of Halifax. (/"). The irmp«H'-tion and regnlatin^ hy license or other- VviRO of lln^ ndlk supply, or any other food or provision Imsinefifl in the city. {y). The duties and work of the city medical officer in addition to such as devolve upon him under any existinj? law. at»d of the (jity health offlcfus and the appointment of additional ones, or tho removal of existing officers, and the re-organization of their department*, (h). Any other matter, snhjec*; or work under the Control of the city council, whicli may f»e dealt with hy the coun(;il, in the f)pinion of tho Ijoard, to the irnprove- [tiient of tho puhlic health. 543. When any matter is reported hy the board to tlie r:rif«nt, mtttew [city council as being urgent, (jr requiring immerliate action JJ^^j'^'^*^"'*^ Iby the council, or by the (council and board jointly, the city [Council shall meet and deal with the same within one week [after the report or recommen/lation is sent by the board to [the mayor of the city, and the city council shall thereupon jnforce tho recommendation of the board, or certify in 'riting to the board its reasons for declining to adopt the report or accept the recommendation of the board, 544. On failure of the city council to so meet or so proceeding leal with any report or recomiuendation of the city *|'"ai[''*4'^d'^j lealth board, the Ix/ard shall have power, and is hereby '^rt^Tur^^nt'* luthorized and empowered, cO carry out and enforce its iport or recommendation in the same manner that the IS4. CITV ol'" ll,\I,ll'"AX. Hvnlth otflrpcn PoMr fhoiiBiiiil t»lty nnntirll iiilKht (U ronM il(». ninl nvnry olUcftf fttnl ilopnvltiu'tif of tli(> rli.y ^nviMimii'iit shall tlM'icupoti pnny onl nml onfmrp inn,' ssn»pnt, lor (In' p\irposes of the puhlic health. All hills shall he eertilicil i>y the chairman of the hoard of jjealth, and paid on tlip warrant of tlie tnayor and an47. Fot the p\irpose (^f investigating any com|)l(iint complaints. or matter alVecting the pnhlic health, or carrying' otit niiv duty imposed by law on it, the hi)ard shall hold a com I nl inquiry, autl may stnnmon witnesses and hear testiinmiy an«i shall have power to compel witnessijs to attend hefon it, and fn* that purpose may direct a wairant for tin? nvvH of any witness, signed hy the chairman or acting chairioaii to he issued, directed to the city marshal, who shall cause sucli witness to he arrested and brought before the boanl and if sai«l witness refuse to be sworn or give evideiici the chairman or acting chairman, by his warrant, urn commit him to the county jail, there to remain un'il In signifies his willingness to so testify. Prwection. wi- ,54'8. The .sanitarv superintendent and officers of tlii irm*'nlM'««*ot in board, and all persons acting under its authority in cun Rpwtor andoffi j,.,g j,.,j^ effect the provisions of this Act, or any regulatior or order of the board, shall have and he entitled to al Vt-'^glp 1 'iil^^Ht -'''^'-«K (' e fi ^yn VVfM.W. HKAf/PH. i:i; olUciM' mill \\\n)U rnnv tni- or tliiiiy man of Hiiiil III, n'jinit (II 111 i\\v, oHi'-f'i inyiii* "f 'I"' r(>s()bitli)M III' city ^>fn'"' SsHLfR (if lllis (f ilio linmil. dismiss Hiicli H'mmtm, (tr tit rv v^"''- '""' uupnt, Vor til"' 1 lie cerlilii'il pai'l on till' city acconnls lilt in any "'"' oxtraonlinniy \ opidoniii" "I iuumI slmll, on 'xtra aniom'ts| u for tlie sninoj nt. nnv coiuiilnint ryinu <">t ill')' loM a court «if| H'ar tostininiiy. attct\il bofoioj t for tli(> nnostj [Ming cimivnmii. ,-lio slmll OiUisO' 'ore tho luiivnlf give ovidtMioe, I warrant, niay emain unMl Iw "officers of M lority in c.'UjT r any reguliitionS ! en ii tied to a'] the pnitfriion, |»rivi|pg♦'^ nn«l irnninnitifs piMtaining to iKilicp (•nnMtal)l('« ttfi'l ofll(jnr4 imkNt any Act «»f the I'rovincfJ now in force or hcTpaftor to \>f> pasHprl. ri4{). TIh' city I'oiiricil of Ifniifax may maUf!, on i\]0.("'<>ffrionti'mto rccoMiinJ^ndation ot trn' hoard, cornporiMation out oi th(! imh, */., Ac jronfral revenue of the city t(» any person whoso property, miods (»r effectfl may he destroyed, or who has stjff'ererl pi'cuniary loss hy the enforcinent of this Act, (»r any regidation or orfh'r of tlif hoard made thereunder; hut nothing herein contained shall he construed as conferring any claim or creating any liahility on the part of any pciso?! whomsoever for any darnagf; direct or indirect done, or sullered, c^r caused hy reason of tliis Act, or any regu- lation or order ho made under it. 550. The production of the Hoi/dl (fazctU: containing Prodtiotion of any regulatiori of the hoard shall ho evidence of the j,',j*,''''",l,„/i^^^^^^^^ inaUnjg, dating and contents thfiref)f, and sliall i»e yov!m^/ p'-*"'- **' • *^'' fiwio, evidence that the same is .still in force and l)as not iieen disallowed or revoked, anfl any particular order or rf'solution. of the hoard fnay he proved hy the production of its minutcH, or a cof)y of such order or resoh/tion sign«d hy the sanitary superintendent, and certified hy him to he a correct copy. 551. All rides and regulations made hy the city Rule* amjrtifu council of Halifax, or tlie hoard of health for the city [?''?"* in" fo;'"e PHtahliHlH!d under the Puhlic Ilealtli act of 1888, in force """'»'*«'««' "' II rcvokeo. at the date of tlie passage of tliis Act, shall continue and remain in full force until altered or revoked hy the city health hoard ; and their expiry, revocation or amendment shall not prevent any person liahle for a hreach or violation during their opi^ration, or during the operation of any regidation to lie hereafter made or passed under this Act, from heing tried and punished therefor, provided proceed- ings therefor are iiegun within six months after the com- mission of the offence. 562. No order, rule, regulation or proceeding done, Ruiea and re^u- nmde or tran.sacted under this Act shall be vacated, leu "de"for wan? quashed or set aside for want of form substance, or be **' '°""' *<= • *<=• removed by certiorari or other writ or process into the Supreme or County court, nor shall any appeal be had or made to the Supreme or County court from or upon any jconviction made under this Act, or any regulation of the [city health board. 136 CITY OF HALIFAX. Annii»1 r«|><>rt, Pi>(»i>1, how Act, how tinown •nil cfteil, AA;1 So innrth of cliiiptor !M) of tho Acts of ISSS ih piovi(lo« for rt honid of Iu'rHIi for thn city of Halifax, nml all or any othor Acts or parts of Acts incoitsiNicnl willi this Act, arc hereby repealed. ."\^4. 1M»e hoard shall make an animal report of inui- tuaiy statistics to the Uovoinor-in-tJouncil and to the city council. .">.').*>. 'Vho hoard nmy appropriate a sum not to exci'i'd live hundt od ($."i(K)) dollars peranmnn,to he divided amoii^ the mvmhers of ti\e hoard jivo luita accotding to their attendance at the meetings. ^M), This Act nmy he known and citod " The City Health Act." cer. II.— City Mkdioal Offilkk. 557. The city council shall in the present and every succeeding year, on the day lixed for the general election of the otiicials. elect a city medical othcer for the ensuiii^ civic year, who shall he a legally (pialitied medical pracli- tionov of not less than five years standing, and who shall hold oflice in the same manner an, with ihti Hji|»r(»val of rity council, mav Hx, fur tliH piiipcmn (if vacniiiatini^.aiid to vncoinati' ficn im char^n, such poiHoii^ an tho boaid of Imalth tiiiiv d(*t«M'iMiii(> ; and to nnt^ that public tiolicnH of mich ^raHiituiiH vacc'inatioiis ain didy ^i^eii in hucIi way a** the hoard of health HJiall pioHcribo. {H T all caseH of aiU'in hronght to liin notion. (0), To report bufom the cl(»«o of the civic year tipon llio lnminesH tratiHacted, and wiich other niatterH as ho may deem of interest. r>0(). The city medical officer shall not interfere with N'-f t« infcrfer* the health oHicer for tht^ port of Halifax appointed by the *«,' of ^m,' " Dunnnion government. 501. 'J'ho city njedical oHicer Hhall be under the con- To h«nn(i«rron- trol of and be subject to tho orders of the city council. *rj|i "f nty own- 502. In any case where, owing to tho absence from '" "m*) "» »»' il '1 'il 1 1 I 1 il • 1 1 C il nmi-9 without, the city without leave, tieglect or othei' miscfmouct of the ifur*., nngiwii, city medical ollicer, any of his duties shall bo necessarily *"■*'' peiformed l»y another medical practitioner, the fees [»ayable to such practitioner shall be de(lucted from tho next pay- ment of salary made to the city medical officer; provided that nothing Imrein shall apjdv to tho consulting fees of nietlical practitioners called in by tho city medical officer in very soiious cases. III.— Vautouh Sanitary Rkoulations. 503. All privies and vaults shall f»e built so that tho v»riou(iMnit»r,v inside shall be at least two feet from tlie line of the adjoin-'**"' ing lot, unless by consent of the owner thereof in writing, and shall be at least two feet distant from every street, lane, court, ?quare, public place, or public or private passage way. There shall be no communication between a privy and any public sewer or drain. Every vault shall be tight, and the contents shall be within two feet of the surface of tho ground, but the council may give any other directions relative to their construction. 664. When any privy or vault shall be reported when privies or offensive by a sanitary inspector, the same within a rea.son- offell^ivT!'"^'^^'' able time after notice in writing to that effect, given to the owner or his agent, or the occupant of the land where 188 CITY OF HALIFAX. Emptyinffof prl vies and vaults. situate, may be ordered by the city health board to be cleansed and disinfected at the expense of the owners, aijfent or occupant ; and in case of neglect the same shall be done under the orders of a sanitary inspector, who shall recover double the expense from the owner, aprent or occu- pant as a private debt. 565. No vault or privy shall be emptied without a permit from a sanitary inspector, and in no case between the fifteenth day of June and the fifteenth day of Septem- ber, unless by order of the city health board, but every privy and vault shall be emptied and cleansed at least twice a year. vvhcro dttciiing 5G6. When it shall appear to the city health board occupation, "^that any tenement used as a dwelling house is so unfit for that purpose that the public health is endangered thereby, the city health board may make an order in writing for its being vacated within a reasonable time to be therein pre- scribed ; which order shall be served upon the inmates or left at such dwelling house ; and in case of disobedience thereto, or of a re-occupation of the dwelling house with- out a permit to that effect, the court may direct a warrant to the sheriff or constables, or sanitary inspectors, to enforce compliance with the terms of such order. Where dweiiinK, 567. Whenever it shall appear to the city health board to'^endaniferpub^- that any dwelling house, building, cellar, lot of land, vacant He health. ground or premises, is in a state likely to endanger the public health, they shall cause a notice to be given to the owner or the occupant, if any ; and if there is no occupant, and the owner does not reside within the city, may give notice by advertisement in one or more public newspapers, requiring such owner or occupant forthwith to remove such cause of complaint, as in such notice prescribed ; and in case of neglect the city health board shall order the same to be removed, and double the expense incurred in the removal and proceedings incident thereto shall be recovered by the board from the owner or occupant of the same by proceeding in the city court, or any court having jurisdic- tion to the amount. ^^ritin^ '*offen ^^^' "^^ pcrsou shall put in any place on land or sivemitter. Water any offensive matter or thing likely to endanger the public health, under a penalty not exceeding twenty dollars for each offence ; and if any person shall suffer any such matter or thing to remain upon his premises after notice in writing requiring him to remove the same, the sanitary inspector may remove v.he same under the direction of the «*'W'((4WW8Hiip PUBLIC HEALTH. 139 >ard to lie le owners, same shall , who shall t or occu- without a »e between of Septein- but every )d at least salth board so unfit for ed thereby, iting for its herein pre- inmates or lisobedience lOUse with- t a warrant s, to enforce lealth board land, vacant ndanger the riven to the no occupant, y, may give newspapers, remove such )ed ; and in er the same iirred in the be recovered the same by ing jurisdic- on land or endanger the venty dollars Fer any such after notice the sanitary ection of the ^V £,-.:«;«.« manufactories, ot spirits, &c.,&e. city health board, and at the charge of the owner or occu- pants of such place, and may recover doulde the expense as a private debt at the suit of the city health board. 569. Any alderman of the city of Halifax, on the oath uemovnior ue- of one witness, may make an order in writing for thefen8iV'!)°"»u'b-°'' removal, burial or destruction of any otfensive substance*'*'""^*' being or likfly to become a nuisance in any place, or in any boat or vessel, and may direct the same to be done by the party occasioning the offence, or by any other party whom the alderman shall appoint ; and the expense shall be recovered in the order prescribed. 570. No person shall sell or offer for sale, or have in Penalty for his possession in a public or private market, or any other golne'^food**'&c! place, for the purpose of sale, any unwholesome, stale or putrid article of f^od, under a penalty not exceeding forty dollars ; and the article may be further seized and destroyed by any sanitary inspector. 571. Soap and candle manufactories, breweries, machine soap and canuie shops, steam mills, steam engines, distilleries lime kilns, tanneries, and all other establishments, manu- factories or trades dangerous or productive of serious inconvenience or discomfort to the persons living near to them, shall not be established, continued or carried on in any part of the city, unless by express permission of the city council. 572 The city council shall have power to make by-Bj-'aws t^ re laws from time to time, to regulate the establishments tories^'duwier- mentioned in the preceding section, and to prescribe the '^''' **^' '^°' limits and location of any such establishments, and to affix such penalties to any violation thereof as they shall see fit. Every such building, engine or other establishment erected OF continued without such express permission, shall be deemed and taken to be a common nuisance ; and the same may be abated by resolution of the city council, and the owner or owners thereof punished under the sections of this Act relative to buildings erected contrary to law. 573. Any person or persons establishing, conducting or Penalty for not continuing any such factory, engine or trade without '^*^'"*'"'®^*^' license from the mayor and city council, shall be liable to a penalty not exceeding twenty dollars for every day he or they shall continue such nuisance after written notice from the mayor forbidding the same. 140 CITV OF HALIFAX. In oiRW of Inron- niatont by-law rulcB, 4o.', iko. 574. Wherever aii}' order, by-law, ordinance oi- reL'u- lation nmde ny the city council is incoiisistent with any by-law, ordinance, order or regulation inaiUn by the city health board within tlio ncope of its authority, such order, by-law, ordinance or regulation shall, in so far as the same is so inconsistent, be null and void. KiiHctinentiicon wniiiigcenictvr I oil. IV. — Cemeteries. 575. Several enactments having been made by the legislature of thia province at different times with a view to obtain and secure to the city of Halifax a public ceme- tery for general use, and tliat object having been at len;4th accomplished, the respective titles of the city to the land contained in the public cemetery, that of the Roman Catholics to the land held as a Roman Catholic cemetery, and that of the principal secretary of state for the war department for military purposes, or of Her Majesty to any land conveyed and now held under these enactments, are hereby confirmed. U»t of ciiact- moiits conflrni- 570. The enactments referred to are the Act of (1829) the tenth year of the reign of his late Majest}' King George the Fourth, chapter thirty-two, section eight — in (KSS^V the third year of the reign of his late Majesty King William the Fourth, chapter thirty-two, section first — in (1S87) the seventh year of the reign of his late Majesty King William the Fourth, chapter seventy-six — in (1838) the first year of the reign of Her Majesty Queen Victoria, chapter seventeen — in (1830) the second year of the reign of Her Majesty Queen Victoria, chapter twenty-five — in (1840) the third year of the reign of Her Majesty Queen Victoria, chapter forty-seven — in (1843) the sixth year of the reign of Her Majesty Queen Victoria, chapter thirty. By-iftwi respect- 577. The city council .shall have power by by-laws to ing cemetery. p^Qvi^ie f^j. ^^^g qq^^q g^^^j custody of the public ceuieterv, and to make all rules and regulation-^ necessary for managing and improving it. Byi»w8. how 578 The religious principles and senti nts of all framed. i n i *^ i • i i. • i. 111 persons shall be respected in the framing of such by-laws. General control over portions set apart. 579. The portions already set apart to congregations shall continue under their charge, subject to general con- trol of the city council to regulate and control, and to preserve the order and appearance of the whole. PUBLIC.' IlKAI/rH. Ui ith any he city h order, Ik' same l>y the a view c ccme- ,t leii;,'tii ibe lanil Roman enietery. the war y to any ints, are f (182!)) [J Geori»e n (i8;];:r William 887) the William t year of eventeen Majesty he third , chapter of Her -laws to tery, and iianaging ;s of ail by-laws. relaxations eral con- and to 580. No clergyman shall officiate in the portions .so otnciatinff set apart except the minister of the congregation to which "'""fJ""""- they may belong, or some one by his permission, 581. There shall bo a keeper of the public cemetery K«..|..r of ,>uhiio annually elected by the city council, who shall fix his com- '"'""""■^ pensation. He shall be sworn to the faithful discharge of his duties. He shall keep a book of register, and enter therein every Vjurial that takes place in the cemetery, with the name, sex, age, and cause of death, as correctly as may he. Of this book there shall be duplicate originals, one to be lodged in the office of the city clerk. These books, or either of them, shall be legal evidence of the fact of burial. 582. The council may direct th^ further divi.sion or Fumier .livinio., allotment of any portion of the public cemetery not already '"■'""'"'""* set apart. 583. The purchasers of lots in the cemetery who have r-urchaieM o paid for them, shall hold the same in perpetuity for them '^'*- and their kindred. 584. The council may sell the remaining lots in per-s«i«of lot* in . •. perpetuity. petuity. ' ^ ' 585. The purchasers of the lots sliall hold and use uu, how hew. them if situated within the allotment of any congregation, subject to the rules of the congregation, and further subject to any by-laws of the city respecting the fencing, planting, and mode of using them. ^ 586. The city shall keep a record of all lots sold, with KecjrUof iot» the requisite particulars to verify the holders' titles. 587. A fee of one dollar for registry shall be paid to Re«iitrj- fee. the keeper for the use of the city, upon every interment, and no other fee or charge shall be exacted. In case of paupers no fee shall be exacted. 588. The external walls or fences of the public ceme- waiu or fence*, tery shall be kept up and repaired at the charge of the city 589. No one shall bury the dead in any part of the Buriau, where city except in the public cemetery, the Roman Cathol'C*'""""*^' cemetery, the military burying ground at Fort Massey, t le naval burying ground opposite the naval hospital, .he cemetery adjoining the Episcopal chapel near Dutch Village Brook, adjacent to the bridge at the Three Mile House. i 142 CITY OF HALIFAX. TITLE VIII. PROTECTION FROM FIRE. I — Certain Power of Council. Protection from 590 The citv couDcil mav elect and appoint from time to time annually, or otherwise* as many firewards, and also as many fire constables, for each ward of the city as they may deem necessary, who shall be sworn into office before the mayor or an alderman to the faithful discharge of their duties, and shall have a suitable staff assigned to them as a badge of office. By-laws relating 591^ -phe city council may also in addition to the laws which may be at any time in force for the prevention of f]res, make any further rules and regulations on the subject by way of by-laws that the welfare of the city appears to them to require. City council may- make regula- tions. Destruction or injury to wells, hydrants, kc. 592. The city council may maice regulations to prevent the occurrence, increase, or spreading of fires within the city of Halifax, and to prevent false alarms of fire, and shall have the management and control of the enginemen and firemen, and may increase or diminish their number, and shall have general powers for the due carrying out of the provisions of this Act relative to fires and firewards ; and may affix penalties for breach of any such regulations by by-laws or resolution, not exceeding eighty dollars. 598. If any person shall wilfully destroy or injure any public well, pump, fire plug or hydrant, or any engine or fire implements, within the liniits of the city, he shall forfeit twenty dollars, and may be imprisoned for not more than ten days. False alarm pen- 594. If any person wilfully and without reasonable a'tv for wilfully 1111 •• cin making. excusc, shall by outcry or ringing of bells, or starting an alarm from any fire alarm telegraph box, otherwise make or circulate, or cause to be made or circulated within the city of Halifax an}' false alarm of fire, he shall be liable to a fine of not less than two nor more than forty dollars, and in default of payment may be imprisoned in the city prison for a period of not less than thirty nor more than ninety days. Licensing of 595 The citv council shall have power by by-laws to sweeps. , . >'. -, ^1 !• regulate the sweeping of chimneys, and to license sweeps. PROTECTION B'ROM FIRE. X43 i-easonable tarting an vise make vithin the be liable ;y dollars, \ the city nore than )y-laws to e sweeps. 59G. If any chimney, flue, or heating apparatus on any,^'nsafe chim- preraises in the city of Halifax shall, in the opinion of the"^'^*' ""*' inspector of buildings be dangerous or unsafe by reason of endangering the premises by tire or otherwise, the inspec- tor shall at once notify in writing the owner, agent, occupier or other party having an interest in said premises, and shall require him to make the s; le safe, and upon neglect of said person so notified to compl}* with the pro- visions of said notice upon him, he shall at once become liable to a penalty of not less than ten nor more than thirty dollars for every day's continuance of said unsafe structure, and the decision of the inspector as to the danger- ous or unsafe condition of said chimney, flue, or heating apparatus shall be conclusive. II. — FiREWARDS, Etc. .597 The firewards shall annually appoint a chairman, chaimnn of who shall act as treasurer of the board, and shall submit '^^^^^' ^' his accounts annually to the firewards to be audited and signed by them, and submitted to the city council for examination and approval. 598, The word firewards, when used in this Act, shall Definition word include one or more of them, unless otherwise expressed "^^"^ '" or repugnant to the context. ' 599. Any person disobeying any order given by an Disobeying or- alderman or a fireward, with a view to putting out a fire, „"„ "or^'fire- or in drawing any engine, hose reel or hose, or other articles "*'"'^- . requisite thereto, may, by order of the same or any other alderman or fireward, be immediately arrested and detained by any policeman, fire constablo, or other person present, and kept prisoner for any space i time not exceeding two hours, in order that obedience to the Are authorities may be enforced, and also that the name, abode and identity of the offender may be ascertained, to enable the officer dis- i obeyed to proceed against him for the penalty then or afterwards if necessary. 600. Upon the breaking out of a fire, the firewards Duties of fire- taking their badges with them, shall forthwith repair to" the spot and use their utmost endeavors to extinguish and prevent the spreading of the fire, and to preserve and secure the property of the inhabitants, and may command ■the assistance of the inhabitants therein, and in removing I property out of any building actually on fire or in danger ithereof, and appoint guards to secure and take care of the lame ; and may command assistance for the pulling down U4 CITY OF HALIFAX. Directions as to pulling ilo'.vn biuldings. Dftinagcs. of buildings, or for other services relating thereto to prevent the further spreading of tire, atiil to "uppross tumults and disorder, and due obedience shall be yi»'ldt>(i unto them for those services, and generally at such tires; and for any disobedience of their orders, information thereof shall, within ten days next thereafter, lie given to the stipendiary magistrate, and the offender shall be liable to a penalty not exceeding eight dollars, and if he shall not pay the same shall be imprisoned for a period not exceeding ten days. 601, Upon the occurrence of a tire in Halifax four of the tirewards or alderman, or partly tirewards and partly aldeimen, and in the absence of four tirewards or alder- men three firewards or aldermen, may direct any building to be pulled down, if in their judgment the doing so will tend to prevent the further spreading of the fire ; and if the pulling down of such building shall have the effect of stopping the fire, or the fii-e shall stop before it comes to the same, the owner of such building shall receive payment therefor from the rest of the inhabitants whose houses have not been burnt, in a manner following, viz. : the owner of the building shall as soon as may be make application to the city council, who, if satisHed with the justice of the claim, shall make an order for the valuation of the damage so sustained, to be made by three indifferent persons, and such persons shall be sworn before an alder- man or justice of the peace, to the faithful discharge of their duties; and they, or any two of th:^m, shall make return of their proceedings to the city council ; whereupon the city council shall appoint two or more assessors, who shall tax the houses that have not been burnt in such proportions as shall Vie deetned just, according to their value, for paying the damages sustained by the owner foi' the buildings so pulled down, and also charges for valuation, taxation and collection, to be settled before the making of j the assessment ; and the assessors shall also report their proceedings upon oath to the city council ; and the city council shall thereupon issue an order for collecting the! moneys so assessed, and in case of non-payment of the] same shall be levied by warrant of distress, to be issued hyj the stipendiary magistrate upon application by the collec- tor; and when the assessments are collected the city council! shall onler payment to be made to the claimant of his] damages, according to the approved report of the appraisers, and also the payment of the charges hereinbefore mentionJi But if the building pulled down shall be the building where the fire began, or if any other building shall be pulleJf rnOTECTlON KKOM FIllE. 145 down, or be bcfrun to be pulled down, which shnll be on tire at the time the orders are Bremen or axemen, for a period of twelve years, in '«8 the city of Halifax, shall be exempt from serving on juries. Such exemptions shall extend to persons who shall have actually served as firemen or enginemen for the period above specified, and shall have obtained a certificate from the captain or lieutenant of the company, countersigned by the. secretary. PROTECTION FROM FIRE. 147 611. The city council is authorized to erect engine Engine houses, houses to store fire engines and fire implements, indifterenttlonor*'' parts of the city, upon lands now owned or to be purchased, or to take or lease suitable premises for such purposes by the said city, and may at any time direct new engines and fire implements to be procured, and new wells to be sunk and hydrants erected. 612. The city council of the city of Halifax is hereby city council authorized and empowered to insure in one or more insur-rngur°oTgainsit ance companies, the active firemen and officers of the union*''"'''''"' engine fire company, the axe and ladder company, and the union protection company, the whole number to be insured not to exceed two hundred and fifty, against all accidents while in the active discharge of their duty, and going to, and working at, and returning from fires occurring within the said city, in the sum of one thousand dollars each, and to pay for each fireman so insured out of the city funds the sum of five dollars for such insurance, such insurance to be subject to the condition that in case of any such accident occurring the fireman so injured and incapacitated from attending to his usual avocation a weekly allowance shall be made to him by any company so insuring him of five dollars for each and every week he shall so remain incapacitated, for a period not to exceed twenty- six con- secutive weeks ; and in case of loss of both eyes, or loss of hands or feet, or loss of hand and foot by such fireman, then in either of such cases the said company shall pay to the said fireman the sum of one thousand dollars ; or in case of the death of such fireman resulting from accident occurring in the discharge of his duty as aforesaid, the company shall pay his legal representatives, or such party as may be entitled thereto, the sum of one thousand dollars, and in case of the loss of a hand or foot of any such fire- man the company shall pay him the sura of three hundred and thirty-three dollars ; and such insurance shall b ; sub- ject to any other terms and conditions that the city council shall deem proper. ^ 613. The amount required by the city council under premiums to he the provisions of the foregoing section shall (in addition to ^gg'^easment!"^'^^' the amount now authorized by law) be added to the general assessment, and be assessed annuall}'^ (if required) on the I property of the ratepayers of the city of Halifax liable to assessment, and be levied and collected in the same way and at the same time, and with the satne remedies, as the [•ordinary general assessment of the said city. 148 CITY OF HALIFAX. IV.— Explosives. storinir of (run. Q\^ ^q person shall keep at aiiv one tinio in any one nun.iu?. ■ place, Within the hnuts of the city, or »n any vessel or boat, for more than twelve hours after she has teacher] any wharf within such limit, more than twenty-five pounils of ^[xu- powder or fifteen pounds of dynamite, or any other dangerous explosive. If 'any person shall violate the pro- visions hereof he shall forfeit eijjhtv dollars, and in default of payment hutt'er imprisonment for 90 days ; but this provision shall not extend to any vessel or boat belonj^intr to Her Majesty wherein gunpowder may bo kept for public purposes. Search wsrrniit uiav issue. G15. The stipendiary magistrate upcn complaint on oath by a fireward uhat he has reasonable cause to suspect that dangerous quantities of gunpowder, dynamite, or any other dangerous explosives, are kept in any place contrary to the provisions of the last section, may issue hia warrant to the city marshal to search therefor in the daytime ; and if admission under the warrant shall be refused, and such refusal shall be made to appear on oath, the stipendiary magistrate may grant a further warrant to the marshal to break open the place where such gunpowder, dynamite, or other explosive, is supposed to be deposited ; and if upon search a greater quantity than that allowed by the ne\t preceding section shall be found, the marshal may seize and sell such excess at public auction, and the proceeds shall be paid into the city treasury. 616. The mayor, stipendiary magistrate, or any two aldermen may, by written order, in their discretion, authorize any one or more of the city policemen at any time, or times. between the hours of nine a. m. and five p. m., to make a general search for gunpowder, dynamite, or other danger- ous explosive illegally kept, and for that purpose to enter and inspect any houses, stores or buildings within the city, to search for the same kept without license, or in ille<,'al quantities ; and such order shall remain in force ten days from the date thereof, and ever}' person shall be bound to give any reasonable facility by unlocking outer and innei' doors and otherwise ; and any person opposing, delaying. or obstructing such search, shall be liable to a fine not exceeding forty dollars, or not less than eight dollars. Gunpowder, dy- 617. Any guupowder, dynamite, or other dangerous kept contrary to explosive Kept coutiary to this Act within the city shall uw forfeited, j^^ forfeited to the city, and may be sold by order of the mayor, and the proceeds of sale paid into the city treasurer. General search for explosives illegally kept. PROTKCTION FROM K[UE. 149 any om> or boat, \y wluirf of gnii- \y other the pio- n default but this lelongin;; ior public plaint on o suspoct le, or any 5 contrary a warrant' iiuie ; and and such tipendiary narshal to naniite, or d if upon the next seize and ds shall be any two , authorize e, or times, to make a er danger- e to enter in the city, in ille^'al e ten days bound to and inner ;, delaying. a tine not jllars. dangerous ! city shall rder of the y treasurer, filS. No person shall convoy by land njore than one «'otivo.vBn('o of thousand pounds of ^unpow(ier at one time, and no O!"*''"' '"^ carriajje conveying gunpowder, dynamite, or other «r poundvS. 020. No gunpowder exceeding fifty pounds shall be •lunpowdur, ii..w placed in any carriage, but in barrels, halJF barrels, or quarter 1-iaiio"' '" ^" barrels, tight, well hooped with wood or copper hoops. 621. No more than twenty-five pounds of gunpowder, n„„,,„w(k.r exclusive of the packa tivoimuiKis, age bo well hooped and sufficiently wrapped with woolen or hair cloth. 022. If any persons shall ofiend against the provisions r«Maity for vio- of the five preceding .sections of this Act, he shall f()rfeitpre"«i"MK°H*eo' for every ofi'ence a sum not exceeding forty dollars nor lesH*'""*- than two dollars, and on non-payment shall be imprisoned for not more than thirty days nor less than two days ; one half of the fine imposed shall be paid to any party who .shall give such information and evidence as may lead to the conviction of the guilty party. 623. Nothing in this Act contained shall affect the n, Ac, Rootii Aiid rojf- iiiK mittcrikl. Kvistiitfi: wooden l>titldiii|(N. Liinito within which wooden building may be erected un- der restric- tions. ().*J7. VitluM Mnel> limits nil outhoiisos or lu)iHn« in ilu« loHr of Ixiiliiin^H losn than thirty foot shall ho construrtnl of hriok or stono. ami Imvo wrHs not loss than twelve inchos thicknoss ; and, whon loss than liftoeit foot hi>,'li, the walls shall not ho loss than one brick or eight inch( inches thiekiicss to l>e raised two foot above tho roof. The scuttle or open- ing to be not less than thirty-six iiiches loujjf by twotily- four inches wide, to be of wood, covered with zinc or any other metal, and provided with a stop ladder for exit. The whole to be done to tho satisfactioti of tho inspector of buildings. 689. No oxistinij wooden buildings within tho limits .shall bo enlarge*!, raised, or added to ; provided, however, that this section shall not apply to wooden buildings now erected for religious worship and entirely separate from other buih'ings, nor to wooden buililings already oroctod which have pitched roofs, and which, after the passing of this Act, may be altered into Hat roofs or B'ronch roofs, if such buildings are founci by tho inspector of buildings siitii- ciently substantial and suitable for such altoratioris, wlio shall give the owner, contractor, or applicant a certiticiite in writing that the building is tit to be altered, and who shall grant a permit specifying the alterations to be mado; provided, nevertheless, that the fiat or French roof shall not in any case exceed one storey of eleven feet in heij,'ht above the plate of tho building. 640. No wooden building shall be erected in the city of Halifax within the limits or boundaries hereinafter soX down and defined 'except under the restriction hereinafter contained): Beginning at the bridge over Freshwater rivor; thence to run in a westerly direction by the road until it meets the angle of the Tower road, opposite the house formerly Colonel Bazalgette's ; thence to run northerly hy the new road to Pyke's bridge ; thence further northerly Ity the east bound of the common until it meets the north I'llOTKCTIUN FHOM FIUK. \r,n \o.H in tlu> Vet h\\:\\, ht inclu's M the Hi\iil c, tiles, or with any th(> roofs t nt loRJit, x\ with lit jn of til'' s»)oh iiinils HtlnclvIH'SS e or opt'M- )Y twonty- '.inc or 'vnv r for o\it. iispoctor of tho limits 1(1, howovor, Mings now tarate from n\y orectod pasisiny of c\\ roofs, if lings siilH- ationa, who I certificate il, anfl wlio ho made; roof shall bt in hei-iht in the city einafter sot hereinafter iwater river; cad until it ,c the house northerly by northerly by is the north (»ftst anglo of tho conitnon ; thence to rtin woHterly hy tlin r()H«l or north t> road and struct (tailed North Mtn'ct to tho harhor of Halifax, and thence southerly hy ♦ he wharvrs, wlipH, an+l. Within the limit« prescrihed hy the last foregf)ing urntriction* s«»ction, no wooden huildings shall he erected within the said city and limits over or excee<|ing forty-five f(!et in height, measuring to the top of the roof from the level of the street, whicli shall in all cases ho defined hy the inspector of htiildings ; provided, however, that when any hnilding shall h(» erectt erected nd being 1 040, or hall sus- • shall be progress •tify that jpair, the repaired. ribed by with the added to, ipector of , but the I from his 16 erected, shall he rs thereof me Court thin such icil. 3 deemed facts and ige of the \orize and nses ; and nt to meet e paid by remammg the owners of such buildings ; and any balance after defraying such expenses shall be paid to the owners, and such deficiency of expenses may be recovered against the owners in a civil action, in the name of the city of Halifax, either in the city court or Supreme Court, according to the amount of the deficiency. G52. Whenever any building or buildings, foundations, where buildings walls, or any part thereof, in course of erectici within the limits of the city, shall be deemed unsafe by the inspector of buildings, the owner, contractor or agent shall be notified at once to make the s?>'ne safe and secure; and every person so notified who fails within forty-eight hours to comply with such notice shall be subject to a penalty of fifty dollars. 653. Whenever any building, walls or erection within where buiid- the limits of the city of Halifax are by reason of age or ^c*!!' in* danger- accident in danijer of fallinof or beins: set on fire, and <*"* ***'<=• endangering the surrounding property or the lives of the citizens, it shall be the duty of the inspector of buildings to notify the owner, agent or other person having charge o'' such building to put the same at once in a safe condition to guard against fire or dangerous accident, and eveiy p'Tson who for forty-eight hours after the receipt of such notice neglects to obey the same shall be subject to the penalties hereinafter prescribed. G54, provisions Upon any conviction for a breach of any of the Proceedinprs up- of the preceding section, the stipendiary tion. magistrate shall order the defendant or defendants to remove or pull down the building or erections in question, and the neglect or refusal of defendants to comply with the provisions of any such order shall constitute a fresh offence, the penalties for which shall be imposed and collected in the like manner as provided by section G52 of this Act. 655. In cases where no owner, agent, contractor, or Notice where other person can be found upon whom a notice can be no "be found'.*" served of the dangerous condition of any such building, foundation, walls or erection of any kind, it shnll ' o lawful for the inspector of buildings or other autiu vized officer of jthe city council to have printed notice posted upon or in the vicinity of said dangerous buildings or erections for the space of ten days, and publication of the same notice [for fourteen days in the Roydl (?a2e<rescnbe. arts of the lirection of 3f the city. appropriate le common s of it not :e rules and ovement of npo.se fines. shall ties- ■ digging up , dirt, ashes, T or damag- of injuring u.sing the force, shall, ill expenses cum b ranees, of anything! aiLiage niay| of the city int Pleasant the city and ually by the I dy corporatej Park," with val from the vectors first I lie bv a new shall receive- ie offered for laying out and embellishini,' the park ; shall appoint a secretary and treasurer, whose office .shall he gratuitous, and shall employ suitable persons to superintend and per- form the work thereon, agreeal>ly to plans which may from time to time be submitted ; but all such plans, or modifi- cations thereof, s'lall be subject to the approval of the officer in command of the troops and the officer commanding the royal engineers at Halifax. 700. The directors shall make icgulations relative to sh.iii make regu- the maintenance of good order and decorum in the park,'**'"""' the preservation thereof, and the duties of the gate-keeper and other officer,**, with such penalties as shall be approved by the Governor-in-Gouncil ; but no fees or tolls shall be exacted for the use of the park. 701. Nothing in this Act .shall be construed to prevent Military pur- Her Majesty's Principal Secretary of State for War at any**"*'''*' time hereafter from taking exclusive possession of any portion of the said land which may be required for the for- mation of forts or batteries, or for other military purposes connected with the imperial service. 702. The city of Halifax, upon the request of the Power of city to commissioners of Halifax common, may demise and let to '"***'■ such person or association for such a period, at such lental, and upon such other conditions as the said commissioners shall determine, the whole or any part of that portion of the Halifax common which is bounded easterly by Bell road, southeily by Sackville street,- westerly and northerly by Summer street and Bell road. And the .said commis- sioners or such lessees may enclose the whole of such demi.sed premises with fences, and shut up pny streets or ways ovei the same ; and any right of passage which the public or any person whosoever may now have or claim over the same is hereby forever barred and extinguished. 703. Upon the delivery of a lease of -said demised uitfiits under premises, executed on behalf of the city by the mayor and city clerk, the lessee shall be entitled, snV>ject to the condi- tion of such lease, to the sole and absolute poiisession of the lands therein described, includinf; any lands heretofore at any time laid otf", dedicated or used as a street or high- way over the same. 704. Such lessees may erect such buildings or other May erect iwiid- structures upon, and make such alterations on the surface'"^* of, the demised premises, as the said commissioners may determine. 166 CITY OF HALIFAX. Ratervi tlon of riifhtit ot iTO'.vri. 705. Nothintj herein contained shall Hti'ect any ri<,'lits which the crown may have in respect to the Halifax com- mon. TITLE XI. POOR ASYLUM. poorAsyiuni. 700. The poor of the city of Halifax, who by law are charii;eablo upon its inhabitants, shall be accoinniotlated, supported and relieved in the poor asylum under the Jiiles and regulations of the city council. PenBiong, &c. 7t)7. No pension, out-door allowance, or other relief granted to personi* not residing in the asylun), shall be granted or paid out of any funds raised by assessment in the city. city of Halifax 708. The city of Halifax shall be a poor district within J,°.^»^i^\"*e>uch enumeration, and to make rules and regulations for the purpose, and to pre- scribe the books and records to be kept under this Act, ami designate the pen.ons to keep and the manner of keeping the same. 7lH. Any person refusing to give any information to the board, oi* its officers and agents, as to the name oi' age of any child residing or living with said person in the city, or wilfully giving any false information in regard to the same, or any matter about which information is required by this Act, shall be liable on summary conviction before the stipendiary magistrate, to a fine of not less tlian one noi' more than twenty dollars and costs. 714. The board shall ascertain as soon as possible after the first of November in each year how many of the childien named in the lists mentioned in the 711th section have not been at school for six months during the year immediately preceding the said first day of November, and notify the patents, guardia^ns, or persons having charge of said chil- dren of the exact number of days' attendance made by sucl: children during said past year, and that they are liable to piosecution under this Act unless they satisfy the board that there was a good reason for the failure of said children to attend for the full period prexcribed. Notice of liabiii- 715. The boaid shall also ascertain how many of the tion'" '""*'^'^"" children of the city between the said ages have not attended school at all during the past year, and shall notify the paieiits, guaniians, or persons having charge of such chil- dren that they are liable to pi'o.seeution under this Act unless they satisfy the board that there was a gooe of such employment deliver to the employer a cerj^^ificate signed by the secretary of the board, and countersigned by the supervisor, certifying to such attendance and instruction ; and any person who shall employ any child contrary to the provision of this section, shall for each offence be liable to a penalty of not less than ten dollars nor more than fifty dollars, with costs, on summary conviction before the stipendiary magistrate. Examinotionsby 729. The board, in the month of NovemV)oi and May in board. -. i , i . • i every year, and at such other time as it may deem necessary^ shall examine into the situation of the children employed in all manufacturing and other establishments in the city of Halifax, and ascertain whether all the provisions of this Act are duly observed, and prosecute all persons violating its provisions' 730. On demand on any such examination as mentioned in the preceding section, the proprietor, superintendent or manager of such establishment or manufacory shall exhibit to the officei- or person appointed or designated by the board to make an}' such examination, a correct list of all children between the agfes of eight and fourteen years employed in such manufactory or establishment, with the said certificate of attenda'i«je at school or of instruction. Any such proprietor, superintendent or manager, who shall refuse or neglect to furnish such list .shall be liable to a penalty of not less than ten dollars, nor more than fifty dollars with costs, on summary conviction before the stipendiary magistrate. Certain chap- 7.31. Sections 88 and 84 of chapter 29 of the Revised ters, Revised cij. ^ , i • ,t», <• i i i l- \ statutes, re- otatutes, and section 87 oi the same chapter so lai- as it pealed relates to the city of Halifax, and all other Acts and part^ of Acts inconsistent with this Act, are hereby repealed. Correct liet to be furnished. INSPECTION, ETC. 173 tit special oai'tl ; and by the Lual as it rs shall be to labo\ii irs of any onie public ^' a teacher ireographv, nths next Id shall V»e ent deliver tavy of the itifyinfi to 1 who shall bis section, )t less than \ costs, on istrate. and May in 1 necessary, 1 employed in the city lions of this IS violating s mentioned ntendent or hall exhibit ted by the t list of all irteen years at, with the instruction, ir, who shall liable to a e than tifty before the the Revised so fru" as it ;ts and parts epealed. TITLE XIII. INSPECTION, &c. I. — SuRVLYO.'^s OF Lumber. 732. The city council may annually or otherwise Api"''"'""'"* °' appoint tor the city surveyors or lumber, measurers oi coalswrers, &c., &c. and salt within the city, and all othev otHcers neces.sary for carrying out the objects of the following sections of this Act, from section 733 to section 780 inclusive, and may fix the rate of remuneration by by-laws or resolutions when the same is not fixed by this Act. II. — Bread. 733. All bread intended for sale shall be marked in Bread, how Roman characters with the initials of christian and surname'"" of the baker, and shall be also marked with the weight thereof. • 734. All bread intended for. sale shall be made to thswei^'ht of following weights respectively, and no other, viz., four'"*^'*^^- pounds, two pounds, one pound, and eight ounces. 735. No peison shall sell bread ihat shall not be Penalty, marked in accordance with the provisions of the two pre- ceding sections ; and any person violating the same by having in his possession, selling, or ottering for sale any , bread not duly marked, shall forfeit for every loaf not (luly marked not less than twenty cents nor more than one dollar. 736. Every pei'son selling bread shall keep a pair of sellers to keep scales and weights, .in order that the purchasers of such'"'*'^*' bread may, if they require, have the same weighed. 737. Any alderman or police constable of the city of proceedings to Halifax, or constable authorized by the warrant of" the *"'"•''*' i"^*'"''"'- stipendiary magistrate, may visit the premises wherein bread is made or sold, and may search iov and weigh all bread therein ; and if any bread be found therein under the prescribed weight, or not marked as herein directed, the same shall be seized, and on proof of the fact before the stipendiary magistrate* it shall be disponed of to poor persons under the direction of such stipendiary magistrate. 738. If any person shall obstruct or oppose the officer penalty for ob- in making such search or seizure, he shall forfeit not less **''"°''"8 '**"'=''• than four nor more than eight doUa s. 174 CITY OF HALIFAX. Pttnifcy for sell 739. Any person selling broad deficient in weight, ami * '^*"**" the otfence being proved, by the same being weighed within twenty-four hours after baking, at the police office before the stipendiary magistrate, shall, unless the deficiency appear to have been occasioned by some unavoidal)le accident, forfeit not less than ten cents nor more thaji titty cents foi" every half ounce deficient. Penalty for rer- 740. If any Servant or journeyman in the employ of a &t", &c/"* '"*'' baker shall otfend against these provisions, he shall forfeit not less than four nor more than eight dollars ; and in default of payment he shall be imprisoned not less than seven nor more than fourteen da}'.*. In case baker 741. If p.ny baker shall pay any of the foregoing ot'serv'ant"] **" penalties in consequence of the wilful neglect or default of his servant or journeyman, the stipendiary magistrate, upon the application of such baker, may cause the offender to be brought before him, and order him to pay a reasonable sum by way of recompense ; and if he shall not comply with such order, may commit him to the city prison for a period not exceeding a month. Bread, &c., &c., 742. These provisions shall not apply to loaves made rasped. ^q q^-^q^ and raspcd by the desire of the customer, nor to loaves or cakes sold weighing less than half a pound. Prosecutions for breach of any such pr6vision shall be com- menced within three days after the oti'ence committed. III. — Coal and Salt. Coals, how sold. 743. Coals sold from shipboard, store, yard, wharf, or depot by retail within the city of Halifax, shall be sold by the ton weight of two thousand pound^ avoirdupois, and its sub-divisions, or by the chaldron or parts thereof. Coal and salt, 744. All coal or Salt sold from shipboard, store, yard, how weighed, wharf, or depot by retail in the city of Halifax, shall be weighed or measured by officers appointed and sworn for that purpose. Penalty. 745. If such coal OP salt sjiall be delivered to any truck ijian or other person without having being weighed or measured according to the two preceding sections, the seller shall forfeit the sum of five dollars for each ofience, each load or quantity so delivered at one time to be a separate offence. of ai ct m INSPECTION, ETC. 175 iight, and ed within ice before deficiency iav()idal)lo than fit'tv nploy of a ail forfeit s ; and in less tlian foreo;oint^ default of trate, upon ender to be lonable snu> imply with "or a period oaves made mer, nor to If a pound, all be com- unilcr false imnu' nil tted. 746. The measurers or weighers of coal shall receive Fees, from the seller eight and one-half cents for every ton, and measurers of salt shall receive three and one-half cents fur evoiy hogshead, whicli they shall res|>ectively measure. 747. If any measurer of coal or salt shall undertake ponaity for mea- to attend the admeasurement of coal or salt from U) ore than *'"■"""• one store, yard, wharf, or depot at the same time, he shall forfeit a sum not exceeding eight dollars for each otlence ; and for any neglect or misconduct othei- than the ofl'ence last mentioned, a sum not exceeding twelve dollars. 748. Any person who shall wilfully sell or dispose of Ponaity it sold any coal within the city of Halifax under any name or (Icsisnation other than that of the mini; oi- locality from whence the same may have been obtained, shall forfeit forty tlollais. 749. Any shipmaster, importer, or other person bring- ccrtififato from ing coal into the city of Halifax from any mine within the "''"*'■ Pi'ovince of Nova Scotia, shall exhibit, on demand thereof to any petson desirous of purchasing coal, a certificate from the proprietor or shipping office of the mine fr(jm which such coal has been shipped, stating the name or locality or other known designation of such coal, and the date of shipment thereof. 7oO. Any shipmaster, importer, or seller of coal refus- Penalty. ing to exhibit such certificate on demand, or exhibiting a false certificate, shall forfeit twenty dollars. d, wharf, or be sold by pois, and its of. store, yard, ax, shall be sworn for ered to any o- weighed or tns, the seller i)rtence, each le a separate IV.— Hay. 751. Hay may be weighed, and weighers shall receive weighers of hay. at the rate of two cents for i^very hundred-weight of hay weighed by them. V. — Cord WOOD. 752. Every stick of cordwood intended for retail shall cordwood. measure four feet in length, accounting half the scarf, and be sound hardwood, ami every cord shall be of the full Ungth of eight feet, and four feet high, and piled clo.se. 753. All cordwood sold fiom shipboard within the city survey and mea- of Halifax shall be surveyed and measured before sale ])y*"'''^°'- an officer appointed for the purpose, who shall receive seven cents from the seller for every cord by him surveyed and measured. 17G CITY OF HAMKAX. Penftlty. Conflscation. Rotti'ii or crook e() stickij. Penalty for mea- surer. 7't4. Perjr. lined and squared, and with not more than one inch of wane on the edges, without off-sets or joints, square butted at both ends, and free from all marks of scoring, rots, splits, or worm-holes, which may be detrimental to the same. 762. Merchantable spruce or pine timber shall be Merohantabio sixteen feet, and hardwood timber ten feet in length at *^'"'''*'"" least, and at least ten inches square, and where it does not exceed sixteen feet in length, the ends shall l)e of equal size; and all ton timber shall be measured by the girth, one-quarter part thereof to be taken as the side of the square. 763. In the survey of shingles there shall be three shingiei, survey qualities, viz. : — '■ "'• No. 1. Pine or cedar shingles, not less than eighteen inches long, four inches wide, and three-eighths of an inch thick at the butt, and clear of sap, slash, shakes, twist, and worm-holes. No. 2. Pine, cedar, spruce, or hemlock shingles, not les-s than sixteen inches long, three and a half inches wide, and from a quarter to a quarter and a sixteenth, of an inch thick, to be free from sap, slash, shakes, and worm-holes; and, No. 8. Refuse, to include all other descriptions of shingles. No. ] and 2 shingles shall be put up in bundles, not less than twenty-five tiers or courses, twenty inches wide ; four bundles to be considered as a thousand. 764. All shipping shingles for exportation shall be half shi|.pingehin- an inch thick at the butt, and extend the same thickness *''"'''* three-fourths of the length, and be .shaved from thence to the point, and from four to four and a half inches wide. 765. Clapboards shall be four feet four '"ches long, ciapboardi- five inches wide, and half an inch thick at the back. 766. Lathwood shall be of fresh growth, straight rift, Lathwood. jfree from bark, heart and knots, and measured by the cord. 767. Hogshead staves shall b<3 forty-two inches long, uogshea-i Ifroni three and a half to five and a half inches wide, and**"''*** [three-quarters of an inch thick on the thinnest edge, and [not more than one inch on the back. 12 178 CITY OF HALIFAX. Barrel staveii. Interpretation of contracts. Duty of sur- veyor. Surveyors' fees 768. Barrel staves shall be thirty-two inches long and half an inch thick on the tliinnest edge, and not exceeding three quarters of an inch on the back ; to be of good rift, fairly split, fte*' from twists, knot holes, rotten knots, worm- holes and shakes, and shall be calculated by the tale of twelve liundred to the thousand. 769. Upon any contract or any bargain for a quality of timber or lumber for exportation, the same shall be undor- .stood to mean that which is hereinbefore described ; and the purchaser .shall not be obliged to receive any other, unless under a special written agreement specifying what he actually is to receive. 770. The surveyor of lumber shall, when required, diligently examine and survey every description of lumber described in any of the preceding sections, whether for sale or exportation in their respective districts, and shall mark the same as directed by this section at the time of the survey ; but if it shall have been previously surveyed in the province, he shall only re-survev and mark anew the same when he shall have any doubt of the measure ; and on each survey he shall furnish the seller and the purchaser with a certificate thereof, specifying the quality and dimen.sions, and on every .stick of toii timber shall mark in figures the contents in cubic feet, the initials of his name, and the private mark of the purchaser ; and on all deals and plank shall mark in lead on the ends the length, breadth, thickne.ss, and superficial contents, and his own private mark ; and on all boards the superficial contents and his private mark. 771. The surve^'ors of lumber shall receive the follow- ing fees, viz. : For measuring and .surveving all ton timber, five cents per ton, together with seven cents for every mile they shall necessarily travel in coming to the place of .survey. For every thousand superficial feet of deals, plank, scantling, and boards, respectively, fifteen cents for survey- ing, and five cents for marking ; and for viewing only, where the same shall have been previously surveyed and the surveyoi. .shall doubt the measure, five cents. For every cord of lathwood, ten cents. For every thousand .shinglesf!, five cents; andthecullin»| and repacking, ten ceuts. For every thousand hog.shead staves, thirty cents. For every thousand barrel .staves, fifteen cents. V'c til th •Sll INSPECTION, ETC. 179 long and ixceeding rood rit't, ta, wonn- e tale of quality of be under- oed ; and my other, ring what I required, of lumber ler for sale shall mark me of the eyed in the y the same and on each aaer with a dimensions, figures the lie, and the 3 and plank 1, thickness, irk -, an the follow- n-, five cents lie they shall ■vey. eals, plank, for survey- iewnng only, urveyed and id the cullin? ^ cents, ents. 772-. For isurv^ying or viewing any l e. c^l A ''»:> '/ M Photographic Sciences Corporation d ^T^ w r^ ^ '^0' % '1> v l>n«ini'HM, luut »i>iiilt>r liiin a jiisl, luiil line (uu'uniii in wiititig ol' his ilciilinys \\\\\\ tlin inuimiinMiM'nl n|' Ihe HrtHlP. IV i\w piMsDM «0 ilisi'luiljirtMl I'liilU Hllld lioilip lins not irroiini'il 01" I'onlimicil si)ln>r timitijr miid |nnliftlii(iiniv piMit^tl nl' tlui>i> n(iM\(l\M. Ins iiUiuilinti mIkiII pniiliimi' iti jms- si'Msloti oi sniil propcHy Mml innnnyt" Huid InisiiicHH uiiMI otluM wlsv »H(1«M(> rnli"< and ro^tilulimm fov tho yood )L)ov»MnimMd ivnd innnn|i»'int'nl of snid liitint-, »vnd for tho IroHlinonl. of (Itf inuuvtcs lluMcin, and for lln' tlisoiplitw and p\tnishiupnl of any »»d'ia('loiy put iritis, nml {\\)\\\ time to tinu' nUvv aod anuMid or rovokn |.li«' nilos miil M\si\drttions so lundo, n\u\ linpo^o ponalliivs fm- (|u> IiumicIi oI thi'saino; ImiI all smdi mlrsand ipyolaiioos of iJip sanii' sjinl! Ih» iuooodiatoly transniitiod liy tlip mayor of said city toihc liiout.-Uovernor-in-council. Suoh i\ih»saod n»yulalion«> slinll luwo tlu' foroo of law ftoto (ht»ilat»» of (he tiiinsmission in (ho r»^>viooial S(H>i Min\ fov submission to tlip IjicnI. Mtoor. n>)r in ooMt\oil, and shall ootitinuo in foroo until disallow imI l\V thoRftid liiont. itoviMOor in oo\t»u'il.oi* levokcd oraltcroii ^y th<» city oounoil. All rnh^s and lobulations madt*. to^i'tlior with any v\»los. or i-<»j;>ul«(ions disailowi^l Ky Hie MiMtlcittuil t^ovoinor in-Otmnoil, shall h« laid hcfoio tho Ilouso of AssiMuhly and Loj^istativo ("ouuimI within (on days after llic sAuw AW so »x»colvod or disallowed, as tho oase nuiy lie, if tho loaislatuiv Iv thon in session, or. if no(, within ton dny after the next n^eeting of thi^ legislature, and (Mihor house nuiv at auv time vluritio tho si^ssion prvsoni nn ndtlmss to the l.iH\t.-C^)vern»>r piayiiig for further disallownnoi' of the sAme. or the reconsideration or allowance of anv iiilo or ivgulation disallowed. lfl«^v^•^■i^^n. 75H. Such hon\o to be at all tiuu»s open to fche iuN|u'c- tion of such persv>n or persotrs as the Lieutonant-tJovenior- in-Ct>«ncil or the House of Assembly or liOgislative (\)un('il niay appoiiU to visit or report upon the same, anil fteo|iyof the annual or a»\v spooial leport v)f the suporintondoul or manager of said home shall he transmitted hy the uuiyotot SAicrTnurt or the stipendiary magistrate of the city he«rs *n application, or is asked to nu\ke an order ui\"'< it\*>MM iioUl ljji» ilu'i" '»!' Mniil Itnmc, intl for till' itii'nis, ni\i| p. iruleH nml n» Itvpacli nl' i» Minix' hIiuII 1 ri( y (») I 111' llvlioM'J hIihII l^n^iH^i»)ll Vn iciil. (Jovor I (liiAnlluwcil ^^\ or ivltiMi'ii k»li>, i(»jr('lln>r liitMlhM»l\lll i> llonso of vys al'iorllip > may '"'■ if hin ton (Inys » iuMvoHs tit Uovvntu'"" "I' (iV nnv mlo » tho inNpt'C- it-Uovornor t ivo Council \i\il ft oopy of int*>n«U'nt or tho nuiyovof wook a I' tor nulujo (tl" tho ol' tho city oivUm- vuitlor tt. n'.iti ^iH'li r t l\j\t persons I' •)|,innjff'rM to tl;*' nppMf'nf.ifiri fllinll Iir «'xr'ln'lf'»| fr(;fii sndi niiini or ofllw ^urri riofc oxwodirig '"'""* !|^2r».(MKI, t(t lit! nppli»'(| Holi'l V f<»r tli»i piircliasf* rjf grotinds Mild Mic crtM'f ion of n Ijiiilrin^ mi- ili6 hoinc pr(»vi(Uw| tor ],y lliiw Avi, Uie ninonnt sf) i»orrowo'l fc(» form pftrt of tli»> con- f^nlldiifcpd fluid of Raid city, and dtilicnf iirfs or stonk, or }»oi}i, fo l)t« iH.mu'd t.lifW«'for nnd«'r tlic pKiviHi(»ns of (iliapi^r 24 of Die AciH (»f IHHO, in addition to tlic anioiifitaiiiliori/,(!d \iy m'u\ Act, or any Hulifl»Mpi«nt, Act, iliR intprfj^fc thon-on to he collecind and paid in tlx* inarni(>r jjrovidod for tiin ('ollor'tifni and payment of the ii<'by conm^nt to become an inmate of the Halifax fnebri- ', and to be snbjpct to tite rules and disci[)lirie of h(>ivhy cons atrs' Ffonie, that institution for tho period of (specify mmiber) months. And I hereby undertake (orrmrne of third per H»n, if pay or ^cciiriti/ not fiirninhcil hi/ pii/rty consenting) having undertaken to pay tiie city of Halifax the .sum of $ • for my maintenance in said institution during said term. Signed this In presence of day of , A.D. 18- Consent of parent or guardian to be eriorsed I approve of the within written consent. 180 CITY or IIAt.irAX. CJSRnFicAni OK ExBtiTiioN ( To be rwifoviw^i fhfVf'Oft. ) (/*/fHV wh^ll *UNt»t} to) »-'■ ' ■-' m I'l M » On thin {date ichtn »irom to), A. 1). IS— r«M'.M>nally appuaitul l»<»fm'o bin* umlt'iHi^;nnil {Htvtc win'ther j\t,t>ti^'^,commi»Hioni'i\ oc jio/irr// . niw namv in full,, ti»»HH to tlu- liwogoiug consent \\\\o nwulo imiL1\ biifoio nu' (IwU (itifnert \uime of party d^tiHenting) tlu> piwty tluu't»to I'loolv and volunUrily ni^mnl tho sanio in \m ]>\\mH\vj\ an<.l tliat tho siiftuxturo (<'o/»j/ d.-* fiviUvv) tboreto i.s in tln^ v\io|it»r hrtn«l writing of iho snid (^ndnic of' /xrc/.v conHcntituf, ov 8nl>f*'r as in consent) months from this* dute. Halifax, (liiUe of adniis&ionj A.D. 18-rfT SigncUH'i'e of Mayor or Ohairmau. Mayor or fVmirman of Committee. To the Superintendent of Halifax Inebriates' Home. - tr IIY-l,AWH. \H7 Oimivnuoi. HY-LAVVS. 7HH. !n H iiinkr iiy I.ivvm oi (icdiimfu'py, Mif cuiuh'iI i,, iawn. sliiill have piiwci' to iiinkts altiM', iiiiiciifl, <•>• rt'pcul l»y lavvw It) rcj^ulatr tlit> fidlowiiij^ muImocIh, pnividcd tin" saiiio mIuiII lint lio inroiisist.jMit. with ntiyHiitij^ in Miin Act.nr in nny law oi' Mir |»n)\itHj»' a|»|tli('aiiln to tho city: (I.) 'riic ninniigcuwiit, (if all miicIi nnil ctatn an may lio n'(|iiir(«(l for Mm piildic UMn nf Mir inlialiit.aiit.M ol' tlin «'it-y, iinil uI'mII (iMu'r proporiy of tli(» city. (2) Tliu pi'ovontioii and uxtin^uiwliini^ of fiiTM. f.'l) The oKtahliHhnioiit. and rp^nlaMrm oil' irinrkotK, inarkot hunm>H, and i'HiiH, und t.iu) nlauglitor of uiiiutalM, attiJ salr (»f (U'ad uicatiii. (4.) Tho proitK't.ion o\' nbrootH, H<((jar»)H MidnwnlkH, and |»n\('ni(«nts, and of tlm pontH, lailin^'M, trrvn, and otlnir dclVnccs an 2lXi may order removal of offensive substances 569 present Aldermen 805 Ancient lights 660 Appeal from judgment of judge at Chambers 76 Appeal, Court of, from assessments. — Set Court of Appeal 341 Appendix, as to publication of chai ter — Appraisement 435 Arbitration 434 Arrest on view 1 87 Assessment, amount and object of 290 for special purposes 291 when commenced 302 how rated 303 of real estate 304 of personal property 305 mortgage securities 307 joint stock 308 partnership property 309 estate of deceased persons 310 school teachers 311 hotels, boarding houses, &c 312 PAOE. 10, 11, 47 47 10 10 10 10 10 10 11 11 11 11 12 13 13 13 14 14 14 14 24 25 25 25 25 26 49 51 139 189 157 24 80 191 108 107 45 67 68 70 71 71 71 72 72 72 72 72 72 IV INDEX. no, PAOK. AsseBsment, insuianoe companits and banks 313 72 insurante brokers .S14 73 license feen 315 7H joint stock banks. 316 74 undivided real estate 317 74 whe' e title doubtful 318 74 personalty of minors 31b 7."> personalty held in trust 320 7o personalty of deceased persons 321 75 estate in hands of executors, &c 322 75 notices of valuation 325 70 date of notices 326 77 ships or vessels 329 78 return of, to be sworn 330 78 gener.ll, errors not to affect 333 79 effect of non-delivery of notices 334 79 appeals . . 341 80 may be reduced 371 89 new business after 414 101 importation by auctioneer 416 102 rate of assessment 417 102 auctioneer may appeal 418 102 collector may receive instalments 419 103 list of defaulters 420 MS books and forms 323 75 general book of 331 78 book errors, how amended 370 89 health board , 546 134 Assessors, board of 295 69 shall keep register 299 70 shall make assessment 300 70 may assess property omitted 301 70 shall enter names in book 324 76 to be furnished with written statement 327 77 to make general book of assessment 331 78 oath, or affirmation of 332 78 may allow appeal on affidavits 345 82 shall give notices to collector 351 83 errors, how antended 370 89 duties ^n sales of land for taxes 389 94 duty in case of new business commenced 414 101 to give notice 415 102 Assessor, chief. — See City AMessoj: chief and assistants 296 69 Assistant assessors — See Chief Assessor, city clerk 99 28 Auction licenses 675 160 penalty 676 160 Auctioneer responsible for taxes 416 102 rate of assessment 417 102 may appeal 418 102 Sef Auction Liceiwe 675 160 Axe Company, Union. — See Firemen. Axe Fire Company 36 16 list 37 16 enrolment 38 lb INDEX. PAOK. I 72 t 73 ) 73 5 74 1 74 ^ 74 t» 75 ) 75 1 75 2 75 5 70 6 77 9 78 78 3 79 4 79 I 80 1 89 4 101 6 102 7 102 8 102 9 103 JO l.)3 23 75 ^1 78 70 89 4ti 134 95 69 99 70 00 70 01 70 24 76 27 77 31 78 $32 78 U5 82 ^51 83 ^70 89 m 94 414 101 415 102 296 69 99 28 675 160 676 160 416 102 417 102 418 102 675 160 36 16 37 16 38 lb ■EC. PAOI. Bakers. — See. Inspection of Bread. Banks, assessment of 313 72, 73 incorporated 'oint 8*oek 316 74 Ballots, where number exceeds votes 59 21 marked 60 21 Ballot boxes. 46 18 to be exhibited 48 19 Ballot papers, return of 61 21 Bills under $40.00 101 28 Board of Assessore. — See AftHenoori^. Board of Commissioneis of City Works, —iSee Board of Worlin. Board of City Wo' ks established 421 103 Board of Works to fix water rates 384 93 to submit statement 385 93 may alter and amend rules, &c., as to w:ater rates. 387 94 establishment, &c., &c 421 103 how elected 422 104 commissioneis {8 where no quorum majority to determine minutes of proceedings of prescribe duties of ofHcei s member of, not eligible for office of emolument, &c powe's with respect to obscene books, &c control of police power to make by-laws power as to city del)ts : power to borrow money power to assess for water supply expropriation of lands power to lay out new streets powers as to width of by-laws, &c., respecting streets regulations as to cleaning of streets duty, where street encroached on may extend limits of sidewalks . may provide stone crossings closing of cess pits, &c power north fisli mat ket power as to real estate of city power as to city market house to appoint firewards. &c by-laws relating to fires powers as to firemen power as to engine houses pow er as to insurance duties as to board fire escapes 625 by-laws as to licenses may revoke licenses by-laws as to to regulate driving, &c may borrow for inebriates' home City Court, civil ^ , jurisdiction process seamen's wages forms magistrate disqualified evidence in depositions for titals conft ssions bail capias affidavit for bail bond affidavits 151, fees taxed counsel fee . . . tendei or payment orderP nisi amendment pleadings, &c . . . . appeal SEC. 92 9.3 94 95 96 97 98 122 1.30 196 201 217 286 287 372 432 433 4.34 437 442 445 446 447 454 463 468 508 526 527 528 590 691 609 611 612 -627 667 671 672 673 796 137 1.38 139 140 141 142 14.3 144 145 146 147 148 149 150 152 153 154 155 1.56 157 158 159 PAOF 27 27 27 27 27 27 28 32 33 47 48 52 66 66 89 10.5 106 107 108 109 110 110 110 112 Ho 116 124 128 129 129 142 142 146 147 147 149, 150 159 160 160 160 18.) 35 35 35 35 36 36 36 36 36 37 37 37 37 37 37.38 -.38 38 38 38 38 39 39 ■.-.(riii.H.SV*.*.; INDEX. IX "City Court, indigent debtors . court fees to City del)t8 City Engineer appointment f)ay and duty aying new street , sewers private drains 494 City Health Board.— See Health Board City market houBe sale of City Medical Officer talary duties , 560 to City officers, how elected City officers. — .See Officers of City. City marshal power of 202, shall J 've bonds orders of stipendiary magistrate deputy of City prison keeper prisoners in earnings reformatory City property north fish market City Recorder. — See. Recorder. City Treasurer to receive moneys bond additional security receipt by payment by monthly return deposit by payment to schools books ' abstract fees accounts City works. — See Board of Works. Civic ye-.r, when to begin Clapboards. — See Lumber. Coal and salt, inspection of 743 to Committees, standing other how nominated chairman of vacancies .... chairman . . . . report .111, censure of member removal of member Commissioners of schools .... ineligibility of Common sewer. — Se.e Severs. Common and Point Pleasant Park commissioners of commission, how composed MC. 160 161 2S6 116 438 438 454 475 497 528 529 557 558 559 562 115 189 203 205 218 204 241 242 243 244 245 525 526 116 246 247 248 249 250 251 252 253 254 255 256 265 283 750 105 106 107 108 109 110 112 113 114 423 4£3 679 679 880 PAOB. 39 39 66 31 109 109 112 117 122 129 129 136 136 136 137 31 46 48,49 49 62 49 55 56 56 56 56 127 128 31 56 56 57 57 57 57 57 57 58 58 58 80 59 174, 175 -i9 29 30 30 30 30 30 30 31 104 104 161 181 182 INDEX. ,., » SRC. nor. Common and t'oint PleHsnnt Park, retirement of commissioner 681 162 vacancies 682 182 removal of commii<8ioner 683 162 p'aus of 684 162 titlcH 686 162 buildings on 686 163 prohibition 687 163 exercising ground 688 163 title 689 163 Camp Hill 690 163 powers city council 691 163 deeds 692 163 investment ... 693 163 pasture on 694 104 rents 695 164 improvement 696 164 management 697 164 military purposes 701 165 lease of 702 165 rights under lease 703 165 crown rights 705 166 Consolidated fund 272 62 registry 276 62 stock shares 273, 274, 275 62 Constables, special 207 49 how swoi '1 208 50 duration ..f office 209 50 may be continued 210 50 verbal appointment 211 50 penalty 212,213 .50 I e appointment 214 51 powers 216 51 disturbance at meetings 216 51 Contractors with city not eligible as members of city council 14 11,12 when members of city council shall vacate seat 16 12 Conviction. — See Police Court. Cord wood.— .9fe In7 164 >1 165 )2 165 )3 165 )5 166 ?2 62 76 62 75 62 f)7 49 08 50 09 50 10 50 11 50 tl3 50 114 51 !15 51 tl6 51 14 11,12 16 12 J51 175, 176 1 8 2 8 270 61 271 62 439 109 368 88 369 89 472 116 341 80 342 81 343 81 344 81 345 82 346 82 347 82 348 82 371 89 289 67 461 114 462 114 ID ■■0. PAOK. I)alliou8ic collepe 291 68 iiiiinugeii, wheie city held liable, right to recover indemuity 20O 48 Delniitures, issue of 277 63 interest on 277 63 nmy be turned into stock 278 63 I edeinption ot 280 63 statement to be pul>lished 281 64 lien for payment of 288 67 Deceaaed persons, property hold in trust 321 75 estate of 310 72 Deeds, how executed 408 99 requisites of . . 410 99 Defaulter for rates and taxes 363 86 Defaulters' list to be posted 420 103 Deputy marshal, duty of . 204 49 Dispensary, Halifax Visiting 291 68 DisqualiHcations 11 1 1 18 13 Distilleries. — See BrexrerieH. Distraint for taxes by landlord 413 101 Distraint warrant, form of 367 87 Dibtiess warrant, issue of 199 48 Drains, — Ste Seicerx. private 494 122 level of 495 122 terms respecting 496 122 application 497 122 power board of works 498 122 Driving on sidewalks 460 114 Election of mayor and aldermen 25 14 when to take place 26 14 where one candidate nominated 31 16 Elect! ,, city, how conducted 43 18 publication of result 67 23 invalidation of 69 23 validity of, how detei m'-icd 70 23 Elector, where illiterate 57 20 Errors in assessment book, &c., how amended 370 89 effect of amendment .... 370 89 Engine Company, Union. — See Firemen. Envelopes to be futnishcd 50 19 to be given to voters 57 19 Estimates, how prepared 294 69 Executors, administrators, &c., &c., notices to 356 85 Exemptions from taxation 335 79 „ , 336 79 337 80 „ 338 80 , 339 80 not to apply to water rates 340 80 Exhibitions.— ^ee SAoit's 667 159 Expenditure, how authorized 102 ?8 Explosives, storing of 614 148 search warrant 615 148 general search for 616 148 XII INDEX. RKC PAIIK. Explosives, when forfeited fll7 148 conveyance by land HIS 141) metallic Hultfltanues U19 14!) iiicaniage » 620 14!» how carried 021 1 4!) penalty 022 14!) H. M. service 623 14i» ExpropriHtion of lands 432 10.') where contract cannot he made 433 Kill payment for lands expropriated , 434 107 appraisement ... 435 108 payment out of court 43(5 103 plana to be submitted 437 108 Expulsion from city council 19 13 Fees and compensation of officers 118 31 Fences, duty of owner 469 1 1(5 height of 470 I Iti penalty for violation 471 I l(i Finance, city treasurer to receive moneys 246 HtJ Fines and penalties. -See Pemdlien. Fines, prosecution for 808 190 Firearms, discharge of 184, 186 4") Fii e alarm telegraph 624 1 4!» Fire escapes 625 1 49 board of 625 149, loO appointment of chairman 626 150 powers and duties of board 627 150 ordinances 628 150 Fii e, protection from . 590 142 bylaws relating to 591 14'J regulations respecting 592 14"J destruction or injury to wells or hydrants 593 142 false alarms 594 142 licensing of sweeps 595 142 unsafe chimneys, &c 596 14.3 Firewards 597 to 601 143, 144 Fire, breaking open l»uildings at 603 14.") report as to engines and reels 60 1 14") Firemen and department 607 to 613 146, 147 Fire, explosives 614 to 623 148, 149 provisions as to buildings 629 to 662 150-1.57 Firemen, insurance of 291 69 Firemen and fire department 607 1 46 officers and powers of 608 146 paid 609 14C exempt from juries 610 146 engine houses 611 147 insurance against accident 612 147 premiums, how assessed 613 147 Firewards and constables 590 142 chairman of 597 1 4.3 definition 598 143 disobeying orders of . . . 599 143 duties of 600 143 directions at fires 601 144 damages 601 144 stone and brick buildings 602 145 INDEX. xm PAriK.. 148 14!l 14!t 14!» Ht) 14!) 14!) Id.-) Kit) 107 1(»8 108 108 13 118 31 469 110 470 11*) 471 111) 246 56 808 190 186 4') 624 14!) 625 14!) 625 149, \M 626 150 627 150 628 150 590 142 591 142 592 142 593 142 594 142 595 142 596 143 601 143, 144 603 145 60 1 145 613 146, 147 623 148, 149 662 150-157 291 69 607 J 46 608 146 609 146 610 146 6U 147 612 147 613 147 590 14-' 597 143 598 143 599 143 600 143 601 144 601 144 602 14.) HKt'. I'AUR. Finwtinls, rt-p"! t na to engines 004 146 niuy (leinnnrl admittance «;08 145 comlin8tibIu or explonive iniiteri&l 606 145 FiroworkH, thiowin)< of |85 4ft Kiali Mini ket, north .526 28 KliicH, ciiiinneyB, *e. . Ac 506 4.'J Food, iinwiiolfhonie, &c. , &c. , &c 570 v^J39 KoreniaQ of works, dnty as to streets 443 ^ I0 further duty of 444 10 Gambling houses 1 88 46 power of city mai shal 1 89 46 (General warrant oi'distuiint, issue and form of 367 87 (Jovcrnorin-oouncil, disallowance by 538 1.32 repeal 553 1 3(i report 554 13() remuneration 555 1 36 Act, how cited 556 13(5 sanitary regulations 563 137 privies and vaults 564 137 dwelling unfit for occupation 566 138 dwelling likv;ly to endanger health 567 138 depositing offensive matter 568 138 destruction of ott'eusive substances ,. . . 569 139 selling unwholesome food 570 139 soap and caudle factories, &c., &c 571 139 manufactories and distilleries, &c., &c. . . 572 139 penalty where no license 573 139 cemeteries 575 1 40 enactments confirmed 576 140 by-laws respecting cemeteries 577 14(» by-laws, how framed 578 140 general control over 579 140 Set Ci-meterl>'^ 580 to 589 141 Hydrauis and wells, . Fire 593 142 I Imprisonment, place of 806 1.S9 Income from water supplj' 279 63 Inconsistent law repealed 810 190 Inebriates, protection of 781 1 80 Home . . 781 180 supermtendent 782 180 tin. s 783 180 person charged 784 181 commitment 785 181 purposes of 786 181 admission to , 787 18"J consent to 787 18"J licensed houses 789 18'J inmates breaking out 790 182 comnnttal of 791 183 p:op«i»ty of inmate •. 792 183 rules and regulations 793 184 inspection of 794 184 power to exclude . ; 795 184 Act, how cittd 797 18.") forma 1 85, 1 86 Infants Home 291 68 Catholic 291 68 Injury to horses, harness, &c 183 4.) Ir««-nection of bread ., 733 173 coal and sjvlt 743 1 74 of coi dwootl , 752 17"> of hay. 751 17'> of lundier, &c 732 173 of police force 206 4!l Inspectors at elections 45 18 INDEX. XV Inspector of buildings duties of right to enter penalty express duty . Insurance brokers companies, assessn.ent of . of firemen Interest on debentures ou rates and taxes SEC. PAOF. 663 157 664 158 665 158 665 158 666 158 314 73 313 72 291 69 277 63 367 87 Joint stock, how assessed ... .... .... banks .... .... Judges Supreme Court .... .... petition to . , .... to make rulos. . . .... directions by .... (and Sv?. Supreme Court.) Jud|i(ment creditors, lien of . . . .... .... Junk and rag shops ... .... .... Juvenile offenders .... .... .... .... See City PrUon. . 308 72 316 74 . 70 23 71 23 . 72 23 74 24 . 395 9G 677 161 . 245 56 Land, sale of, for taxes. — See Taxe-i, Sale^ for Lands, expropiiation of. — See Expropr Lath wood. — See Lumber. Law, inconsistent, repealed .... Letson's field. .... .... Level of private drair s .... .... License fees . . .... .... Licenses, for shows, &o . . . .... by-laws to regulate , . for hacks and tiucks .... to carry passengers. . how signed and renewed . how revoked .... by-laws relating to .... power of city council . disorderly riding or driving auctioneers . . .... M penalty .... for pawnbrokers .... rag and junk shop hawkers, peddlei 8, &o Lien for payment of debentures, &c special on real estate .... duration of. . .... .... on personal property .... when to attach .... .... water rates to be a .... for sewerage, &c .... Limitations of actions against city . List of ratepayers .... .... defaulters .... ... iation of Lands. 432 105 810 190 264 59 495 122 315 73 667 159 667 159 668 159 669 159 670 159 671 160 672 160 673 160 674 160 675 160 676 160 677 161 677 161 678 161 288 67 357 85 358 85 3f9 85 361 86 379 92 479 118 197 47 39 17 420 103 XVI INDEX. Lotteries and raffles Lumber, surveyors of . ^ qualities of . . . . . . (limensions of . . . plank to export .... tow timlier .... merchantable .... shingles. .... shipping shingles. . . . clapboards .... lathwood . . . . . . staves, &c .... ban el staves . . . . contracts .... siu veyor of, duty , . . . surveyor's fees . re-survey . . . . . . payment of surveyor penalty .... . . . rejection .... forfeiture alterinji marks . . 810. PAOE. 191 46 ... 732 173 758 176 ... 758 176 759 176 ... 760 176 761 177 .... 762 177 763 177 .... 764 177 - 765 177 . ... 766 177 767 177 .... 768 178 769 178 .... 770 178 771, 772 178, 179 .... 773 179 774 179 .... 775 179 776 179 .. .777 179 778 179 Is/dl Magistrate. — ^ee Stipmdiary Mayhtrate, Mayor, elected annually .... .... .... salary . . .... .... .... in office at time of passing of Act .... qualitication of ... .... ... oath of allegiance by . .... .... persons ineligible for office of .... officials and others ineligible. . . .... pers ns not ineligible ... ... contractors and others ineligible .... when disqualified further to act ... bankrupt or insolvent . .... .... justice of peace tx officio. . . .... duty of .... .... .... .... election of, notice by .... ... election, when to take place ... .... nomination of candidates for office of acceptance of nomination by . . . .... functit)ns of, pending election ... vacancy in office of, how filled . . . . . , temporary absence of .... election for vacancy . . .... .... resignation on accepting office .... vacation of office, V)y absence . . .... penalty for refusal to accept .... shall call meetings of council and preside call special meetings .... . shall give notice of . . . . .... .... approval of, how signified. . .... disapproval, how ratified .... .... may issue di8tre8^ warrant. may appoint special constables. 6 10 6 10 8 10 9 10 10 10,11 11 11 12 11 13 11 14 11,12 20 i:^ 21 13 23 13 24 13,14 25 14 26 14 27 14 28 14 66 23 77 24 78 2,i 79 25 83 25 84 25 87 26 92 27 94 27 95 27 103 28 104 29 199 48 207 49 211 50 216 51 INDEX. xvn PAOB.. 46 173 176 176 176 176 177 177 177 177 177 177 177 178 178 178 178, 179 179 179 179 179 179 179 8RC. PAOR. 10 10 10 10 10,11 11 11 11 11, 12 13 13 13 13,14 U 14 14 14 23 24 25 25 25 25 20 27 27 27 28 29 48 49 50 51 Mayor, sh^ll cause warrant to issue for sale of land . deed of city market liouse .... .... forfeit of gunpowder, &c . . . .... . . . shall sign licenses .... .... ... present mayor .... ... .... Meters, water .... .... .... 513,514, Military and naval men, &c ... .... children of . . . .... Minors, personal property of ... .... Mortgagees, lien of .... .... Mortgage securities, assessment of . .... Naval and Military men .... ... children of .... Neglect or refusal to account . .... Nomination of candiilates for office of mayor or alderman . . acceptance of ... . .... paper, filing of .... .... paper, notice of . . . .... North fish market . . .... .... Notice of actiin against city. . ... Notices of valuation and assessment date of .... ... .... effect of non-deli very of . . . .... Non-residents, where to poll. . . .... Non-resident ratepayer ... .... .... Notice where personal service not made of order of Supreme of construction of sewer .... .... repair streets and sewers .... of assessment ... .... .... form of . . . ... to be mailed or delivered Nuisances, removal of. .... .... 390 94 529 129 617 148 670 159 805 189 515, 516, 517, 518 126 91 26 722 170 319. 16 395 96 307 72 Court 91 26,27 722 170 269 60 27 14 28 14 29 14 30 14, 15 626 128 197 47 325 76 326 ti 334 79 35 16 .355 84 458 113 488 120 440 109 352 83, 84 352 84 353 84 453 112 "m Oath of allegiance .... .... .... .... presiding officer at elections .... of elector. ... .... .... .... Obscene literature ... . . , . .... books, prints, &c . . . . ... . . . , |X)wer of city council with respect to OflBce, holders of disqualified. , .... .... disability through sickness, lunacy, &c persons excused .... .... Officers of city, re-election of .... ... resignation on taking office .... how elected .... .... additional .... .... .... election, completion of .... excuses by, how established. . . . duties of prescribed .... security by. . . . .... . . . , bonds and securities of .... continuance in office ... .... engaged in other business . . 14 .... 10 10,11 43 18 .... 52 19 193 46 194, 195 46,47 196 47 .... 12 11 90 26 .... 91 26, 27 80 2.) .... 83 25 115 31 .... 119 32 120 32 ... 121 32 122 32 .... 123 32 124 32 .... 128 32 127 33 XVlll INDEX. Officers of city, penalty foi* pereonating, &c. , &c . not to contract with city . . . to keep accounts in writing . . . . shall pay over moneys .... deliver books and accounts . . . . to account to Council .... neglect or refusal to account . . . . not to purchase at sale Officials disqualified . . .... , . . . SEC. PAOR. 128 33 129 33 265 m 268 60 267 60 268 60 269 60 412 101 12 11 Partners-Co. , tenants in common, notices to .... Partners and partnership, property .... Pawnbrokers, rag and junk shops Peddlerf , hawkei s, &c . . . . .... .... Penalty for sitting or voting in City Council when presiding officers and poll clerk .... fraudulent voting .... .... .... for neglect or refusal to qualify. ... for personating, &c., &c .... .... recovery of, in police court .... how levied in police court .... ... for refusal to assist in arrebt .... petty ofi^ences .... .... .... tor injury to horses, &c. . . .... discharging firearms, &c .... .... throwing fireworks, &c disturbanc.^ of peace by firearms .... keeping gambling houses . . .... profane cursing or swearing, ... .... lotteries and raffles .... .... sell'ig obscene books, &c .... ... spcL 1 constables. .... .... refusal to assist constables .... .... for neglect or refusal to account . . for false return .... .... .... for improper issue of stock .... for viclating rules of board of works.. . . members board of wurks.. .... for not cleaning sidewalks, &c . .... for driving on sidewalks, &c .... for escape of water . . .... ... for waste of water .... .... violation orJers of health board .... depositing offensive matter .... for not having license. .... .... can iage of explosives .... adding to buildings ... .... .... " II .... .... ... obstructing inspector. . .... .... disotderly driving ... .... for acting without license .... .... respecting common .... .... OAKcr ..•• «••• ••■« •#•■ sale of coal, ftc, &c .... .... sale of lumber .... .... .... on surveyor of lumber .... .... limitation .... .... .... in certain cases .... .... .... prosecution for ... ' .... .... 356 85 309 72 677 161 678 161 disqualified. . . 17 12 64 22 65 22 89 26 128 33 166 40 .... 170 42 173 42 182 44 183 45 184 45 185 45 186 45 188 46 .190 46 191 46 195 47 212 50 213 50 269 60,61 281 64 282 64 384 93 431 105 450 111 460 114 509 124 519 126 541 132 568 138 573 139 622 149 649 154 661 157 666 158 674 160 676 160 697 164 739 174 748 175 776, 778 179 779 180 780 180 807 190 808 190 INDEX. XIX PAOR. 33 33 60 60 60 60 60 101 11 85 72 161 161 12 22 22 26 33 40 42 42 44 45 45 45 45 46 46 46 47 50 50 60,61 64 64 93 105 111 114 124 126 132 138 139 149 154 157 158 160 160 164 174 175 179 180 180 190 190 Personal property, how assessed .... definition of ... . .... of niinois. . . .... .... held in trust. ... .... in hands of executors .... when exempt .... what exempt f i om taxation . . . Petty chapinen, hawkers, &c .... Petty offences .... .... .... .... Plank. — StP Lumber. Plans and lists by Engineer .... .... Plundiers, registration and license of . . . .... Point Pleasant Park .... .... .... Point Pleasant Park and Common .... directors of . . . . .... duties of directors . . .... iS'ee Common ... .... Poor Asylum. .... .... .... .... pensions .... .... .... Poor District. .... .... .... .... Police, control of force .... .... force, inspection of . . . . .... .... to obey stipendiary magistrate, age, &c. .... .... .... certificate of health, &c. pay sergeants .... .... deputy marshal .... .... stoppage of pay .... deduction .... .... .... suspension . . .... .... deductions by marshal .... .... superannuation fund .... deductions, disposal of . .... superannuaticm fund, trustees of money from fund, how drawn .... payment for 25 years .... retirement .... .... .... accident or wound . . .... suspension of supei an n nation allowance death before retirement .... after three years' service. . . resignation or dismissal .... term of service . .... report of trustee... .... quarterly allowance in case of death Police Court, established Stipendiary Magistrate . . clerk of ... . .... .... record book ... .... recovery of penalties. . . . M II .... ... fines and fees in .... .... convictions in. . . ... costs in ... . .... .... fines and penalties in proceedings, violation of Sabbath committal for trial .... penalty for i ef usal to assist . . . arrest of seaman . .... preparation of information .... sentence of minors fees in 8KC. PAOE. 305 71 306 71 319 75 320 76 322 75 335 79 336 79 678 161 182 44 478 118 507 .124 291 68 679 161 698 164 699 164 700 164 706 166 707 166 708 166 201 48 206 49 218 52 219 52 220 52 221 52 222 52 222 52 223 52 224 53 225 53 226 63 227 53 228 53 229 53 230 54 231 54 232 54 233 54 234 54 235 55 236 55 237 56 238 55 239 55 240 55 162 40 163 40 164 40 165 40 166 40 166 41 167 41 168 41 169 41 170 42 171 42 172 42 173 42 174 42 175 43 176 43 177 43 XX INDEX. PA OK. Police Court, when open .... witnesses fees " .... gaoler's fees .... .... jurisdiction, harbor.. prosJicutions .... .... Po'l, proceedings after close of Polling booths .... .... who present in .... compartments... .... Poll clerks .... votes by . . . .... .... not to advise. . . .... Poll tax, who liable to .... .... register of person liable to notice by board of assessors . . notice, form, and service, notices to be mailed, &c .... Presiding alderman .... .... officer, oath. .... .... duty of . . duty as to ballot box. . duty after close of poll . . vote by ... report of not to advise. .... powers at elections Privies, closing of ... . .... Privies and vaults .... emptying of. ... Professional man, member of City Council Prosecution for penalties . , .... Protection Company, Union. — See Firemen. Proxies . . .... .... .... Public Gardens . . .... .... Public health.— 5fei? Health Board. Public meetings, disturbance at .... Pumps and wells . .... .... accepting retainer, . 178 43 179 44 . 180 44 181 44 192 46 63 20 . 41 17 47 18 . 49 19 44 18 . 62 21 64 22 . 349 83 350 83 . 357 83 352 84 . 353 84 92 27 .. 43 18 44,45 18 .. 48 19 68 20 .. 62 21 63 22 .. 64 22 68 23 . . 508 124 564 137 .. 565 1.38 15 12 808 190 .. 62 21 291 68 .. 216 51 452 111 Q Qualification . .... Quorum of City Council. where no ... . of committee . . 88 26 93 27 96 27 108 30 Rag and junk shops . . Ratepayers, list of .... certified copy of list .... .... in case of death before payment case of non-residents .... .... proceeding against, when absent Rates and taxes, special lien on real estate .... duration of lien for .... lien on personalty .... .... payable before removal of property when due. . . . .... .... interest on .... .... auctioneer responsible for 677 161 39 17 40 17 354 84 355 84 364 87 357 8.-) 358 85 359 85 360 85 362 86 .366 87 416 102 INDEX. XXI PAdK. 44 44 44 46 20 17 18 19 18 21 22 83 83 8.3 84 84 27 18 18 19 20 21 22 22 23 124 137 138 12 190 21 51 111 26 27 27 30 577 161 39 17 40 17 354 84 355 84 mi 87 357 8.J 358 So 3.')9 85 360 85 362 86 366 87 416 102 Rates, water. — Sfie Watei- Rates. Real estate, how assessed . . undivided, assessment of . . where title doubtful . . .... in hands of executors, &c., &c. , what exempt from taxation .... rates and special lien on . . duration of lien on ... . .... Water rates to be a lien on . power of City Council as to, of city Re-assessment .... .... .... Recorder of city .... .... .... remains in office .... ... salary. . .... .... .... duties .... .... .... to act as stipendiary magistrate . proceedinks where street encroached on proceedings where street obstructed, &c Reformatory. — See City Prison, Register of real estate .... Re-sale provided for . . .... .... Right of entry on lands , . .... .... Rockhead . . .... .... .... Royal Gazette, publication in ... .... s Sabbath, violation of . .... .... Sales for taxes. — See Taxes, Sales for. Sanitary Superintendent Health Board duties, salary, &c., &c Schools, Public definition of terms Schools, attendance at ... . duties of Board .... books and records penalty .... .... notification .... notice .... .... duty of parent, &c penalty .... .... institution of proceedings fines, application of. . certificate .... exemption ... .... nominal control . . register .... .... child begging, &c. committal ... .... by laws, &c., &c. . employment of child.. School teachers . . .... Seal of corporation ... .... to be attached to deed Seaman, an est of .... Seamen's wages . . .... Seizure of shaies in corporations Service of notice. —See Notice. Sewerage lien plan ... .... .... rates, how divided and collected collector's account .... assessed, but unpaid ■HO. p.\aK. 304 71 . 317 74 318 74 .. 322 75 336 79 .. 357 85 358 85 .. 379 92 527 129 .. 809 190 116 31 . 116 31 131 34 .. 132 34 142 36 .. 455 112 456 113 299 70 .. 397 97 512 125 .. 806 189 67 23 171 42 534 1.30 5,35, 536 130 709 167 .... 709 167 710 168 .... 711 168 712 168 .... 713 168 714 168 .... 715 168 716 169 .... 717 169 718 169 .... 720 169 721 170 .... 722 170 723 170 .... 724 170 725 171 .... 726 171 727 171 728-731 172 311 72 .... 2 8 410 99 .... 174 42 140 35 .... 368 88 479 119 .... 478 118 480, 481 119 .... 482 120 485 120 XXll INDEX. Sewers, repair of .... power of City Council as to petition for common . . . petition, reference of to engineer expense of constructing .... property chargeable for cost of . f)lan8 and lists .... .... ien on property . . .... amount, how dixided.. .... amount, how collected.... certain amounts still due for. . . owners may pay in full ... owners and who have paid .... rates assessed but unpaid . Council may order construction, alteration, money collected, how applied common notice of, construction of public and drains, repair of powers of Board of Works .... connection with to be approved inspection of work ... .... penalty . . .... private drains .... .... obstruction to, not permitted assessments and costs sued for., penalty for non-compliance responsibility for damages .... through city property .... removal of property liable .... definition of terms petitions, &c., &c., where deposited... registration and licensing of plumbers escape of water .... .... ... Shares in corporations, how levied on .... return of surplus. .... Shingles. — Set Lumber ... . .... .... Ships or vessels, return of to Board of Assessors Shows, exhibitions, and license for. .... Sidewalks and gutters, cleaning of .... ... driving on, &c., &c., &c.. .... brick, &c., &c, (kc. . .... .... penalty for escape of water . . Soap and candle manufactories, &c., &c., &c. . . . by- laws respecting Special constables. — See ConMabhx .... .... Standing committees . . .... .... Staves, barrel. — Set Lumber. hogshead. — See Lumber. Stipendiary Magistrate, duties. .... .... salary .... .... sweaiing in . . . • ■ ■ • deputy . . ... may commit. . . .... sentencing minors . search warrant by .... may commit children Inebriates' Home .... power to exclude .... Stock, impi oper issue of . . .... .... bonafide holders of ... . .... .... right of city to pay off ... . .... certificates .... ... ... .... or repair of SKC. PAOK ... 440 109 473 117 ... 474 117 475 117 ... 476 117 477 IIS ... 478 118 479 118 ... 480 119 480 119 ... 481 lU) 483 120 ... 484 120 485 120 f 486 12<» 487 120 ... 488 120 489 121 ... 490 121 491 121 ... 492 121 493 121 494-498 122 499 12.S ... 500 123 501 123 ... 502 12.S 503 123 ... 504 123 505 124 ... 506 124 507 124 ,. 509 124 .368 88 ... 369 8!) 763 177 ... 329 78 667 159 . 450 111 460 114 ... 462 114 509 124 ... 571 139 572 1.39 ... 207 49 105 29 ... 133 34 1.34 34 ... 1.35 34 136 34 ... 172 42 176 43 515, 616 148 726 171 r84, 785 181 791 183 ... 795 184 282 ()4 ... 283 ()4 284 64 ... 275 62 INDEX. XXIII B>0. PAOK. Stock certificates, registry of form of ... . .... .... .... shares and debeutures, application of .... issue of.. .... .... interest on . ... Stone couductoi s . . . . ... .... .... .... crossings . .... .... .... .... St. Patrick's Home .... .... ... Street service, sums for, how borne. .... .... Streets, soil and freehold of . . . ... .... .... and sewers, i epair of .... .... . . power of City Council as to new .... .... superintenilence of , . . .... .... duty of foreman of works ... .... .... new widtli of, &c., &c . . . . .... ... by-laws, &c., respecting .... . . .... regulation fur keeping clean .... , . . removal of encumbrances .... ... ... cleaning and repairing of.. .... .... c'tunirg sidewalks, gutters, &c. .... .... building material on .... .... .... wells and pumps in . . . .... .... .... removal of nuisances .... .... ... City Engineer to lay out line of .... encroach ment on. . .... .... . . ... summons on petition . . ... .... .... in case of obstruction to, &c .... .... duty of Board of Works, &c . . . .... .... permission to break up. . . .... ... sale of country produce on ... . .... .... Summary convictions or orders. — See Police Court. Summons in Supreme C'urt. . .... .... .... Supreme Court to determine validity of elections proceeding in ... ... .... judges of to make rules. .... summons in, how headed. . ... proceedings in where street encroached on proceedings in case of obstruction to streets, Surveyors of lumber. — See Lumber .. Sweeps, licensing of .... .... .... .... &c. 276 62 285 65,66 273 62 274 62 276 62 467 116 466 116 291 68 441 109 439 109 440 109 442 109 443 110 444 110 44.5 110 446 110 447 110 448 110 449 111 450 111 451 111 452 111 453 112 454 112 454 112 455 112 456 113 457 113 459 114 472 116 73 24 455 112 70 23 71 23 72 24 73 24 445 112 456 113 732 173 595 142 o? Tax deed, firm of . . . . .... .... registry of Tax, poll.— AVe Poll Tax. Taxation and assessment .... .... .... pi operty subject to .... .... ... estimates, how prepared .... .... what property exempt from .... .... exemption from in case of certain persons . Taxes. — See Rates and Taxes. distraint for by landlord .... .... Tax notices, collector to retain. .... ... Taxes, sales for . . . . .... .... collector to furnish list. .... duty of Board of Assessors. . .... warrant for sale of land and form of . . evidence of legality of proceedings . . . duty of collector on receipt of warrant. adjouruTnent of sale .... .... .... 410 100 411 101 .... 290 67 293 69 .... 294 69 336, 337 79,80 ... 338 80 413 101 .... 261 59 388 94 .... 388 94 389 94 .... 390 94,95 391 96 .... 392 96 393 96 XXIV INDEX. sac. PAOK. Taxes, sales for of land in payment of . . .... mortgugees, &c., &o., &c., having proceedings at adjourned sale , re-sale pi ovided for .... certificate of collector.. .... where balance unpaid . . . where sale set aside .... .... where taxes re-assessed .... effect of collector's certificate. . . . purchaser not liable fur dainnge purchaser right, when to cease deduction for taxes. .... right to redeem .... .... payment by collector .... deed by collector ... .... definition of words. .... reijuisites of deed ... .... deed, form of .... .... ciiy officer not to purchase . . . . distraint by landlord .... Tenants in common, notice to. . .... , . , . Timber. — See Lumber, ton .... .... ... .... T iwnsliip ofiScers, appointment of .... . . . . Truancy. — See Pvhlic Schools Truants, by-laws as to .... .... . . . , See Pu'dic Schools. Trucks and Hacks .... .... Trust, property held iu .... .... . . . . Trustees, devisees, &c., &c., notices to .... lien 394 6!) 395 0(i .396 97 397 97 398 97 399 97 400 98 401 98 402 98 403 98 404 98 405 98 406 99 407 9!) 408 9!) 409 9!l 410 9tt 410 100 411 lol 413 101 356 85 761 177 117 31 709 167 727 171 668 159 320 75 356 8o TJ Union Axe Company. — See Firemen, . . . Union Engine Company . .... list enrolment. See Firemen . . . Union Protection Company .... list enrolment See Firemen., 607 146 36 16 37 16 3S 16 607 146 36 16 37 16 38 16 607 146 ^^ Vacancy, office of Mayor .... election to till. . . by absence . .... in committee .... Valuation of property .... separate ... Vaults and privies. — See Privies, Vehicles, injury to. . . . .... Vessels. — See Ships .... Vict'iria School of Art .... Votes of presiding officers. of poll clerks . . .... equality of. .... Voters, qualification . . .... where to poll 77 24 79 25 85 25 109 .'JO .327 77 328 77 183 45 .369 89 291 69 62 21 62 21 63 22 33 15 34 15 INDKX. XXV 4 PAOE, 60 0(S 97 97 97 97 98 98 98 98 98 98 9!) 9!) 9!t W SI!) 1(H) 1(11 101 85 177 31 167 171 159 7') So 146 10 16 16 146 16 16 16 146 7 24 "9 25 35 25 )9 30 27 1 1 28 u 83 45 69 89 91 69 62 21 62 21 63 22 33 15 34 15 Vi)tti'H, register ilivided tliity of . . how to vote. . inline not on list, illiterate .... WiiriU, division into. . No. 1 •2 3 4 5 6 iilteratioii of limits WiiiTunt of distraint, general isaue and foiiu for sale of taxes.. .... form of ... .... Water ami water serviee . . .... power Board t.f W'oiks.. . . serviee pipes .... .... rigiit of entry. . ... ... meters .... ... meters, failure to • agister . . . payment where meters used, injury to meters, &c .... .... supply of meteis. . . .... otHoiils right to enter. . .... waste prohibited . . .... and penalty. . . .... .... pipes and fi.xtures. . .... duty of otheers. .... .... persons intending t'l build . . maiub, hydrants and pipes .... Water closets. — See Sewern .... Water rates, exemptions fiom taxation not assessment for water supply how assessed and levied. . extra and special scale of . , where dwelling contain shops of ownersjor leaseholders, &c. property not exempt .... disputes, how determined . . to be a lien .... .... cas-e of yearly tenants tenant, when liable for. . . when payable .... wiinantfor collection.. . general notice to delinquents Board of Works to fix rates statement by Buard . . by-laws, rules, and ordinances Board of Works may alter and Water supply, income from, how applied Wells and pumps. .... .... Wells, pumps, hydrants, &c . . Widows, property of .... .... '■Vindows, ancient .... .... .... V\ itnesses, compelling attendance of Works, Board oi.—Si'C Hoard of Worka. Works, Foreman of. — See Foreman of Workn. of to apply to confirmed amend . 8KC. l-AUI. .. 42 17 fi» 20 54, 55 20 50 20 .. 57 20 .... 4 8,0 4 8 .... 4 8 4 8,0 .... 4 4 !) .... 4 9 5 9 .... 367 87 3JK) 94 .... 390 95 510 125 .... 510 125 511 125 .... 512 125 513 126 .... 514 I2« . . 515 126 . . 51« 126 fl7 126 .. . 518 126 519 126 .... 520 127 521 127 .... 522 127 523 127 .... 524 127 493 122 .... 340 bO 372 89 .... 373 89 374 90 ... 375 91 376 91 ... 377 92 378 92 ... 379 92 380 92 .... 381 92 382 92 .... ,382 92 383 93 .... 384 93 385 93 .... 386 93 387 94 279 63 452 HI .... :^Q^ 142 3.38 80 .... 660 157 344 80