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L#« diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 I BY-LAWS AND ORDINANCES i I OF THE O'W'fV O' S^i^bn^ii^u^ TASSED BY THE TOWJS" COFXCIL, AND APPROVED BY THE LIEUT.-GOVERNOR-iN-COUNCIL, Under and by virtue of Chapter 4,' Acts of Nova Scotia, 1895. 181)(}. -«•-i►- SYDNKY, C. B. : Phintko in- The Islanu Rkfohtkh PiuNTiNd (4>mi'ant. 1890. 'MSMMTHm ^ . • 1 .ILIJaia 1i Under a ~ > BY-LAWS AND 0RDINAN8ES OF THE owi^i oi Subi4ei4^, PASSED BY THE TOWN COUNCIL, ANI) APPROVED BY THE LIEUT.-GOVERNOR-IN-COUNCIL, Under and by virtue of Chapter 4, Acts of Nova Scotia, 1895. fEY, CI HT: PkINTKI) HY tHuf ^jLAI^jb RrPORWR PRINTlf^Q COl^N^ p K 1^% BY-LAWS AND ORDINANCES OF THE TOWN OF SYDNEY. MEETINGS OF COUNCIL. I. Mojitlilv uieetiiiiis of the Council shall be held on the lust Thursday in e.'ich muntii. Rl LKH OF ORDER. 2. At fill meetings of the r'ouncil, except ridjourned meet- ings, ;is soon fis the chair is taken and the meeting opened, the minutes of the pieviims meeting shall be read by the Clerk, when any mistakes therein may be corrected by the Council, after which, or in the event of no mistakes being found, they shall be marked approved and signed by the Mayor. .'J. Every resolution shall be presented in writing, and when moved and seconded, shall be open to debate. 4. A motion or resolution moved and seconded can only be withdrawn by leave of the Council. 5 All t apply to motions in amendment or subsidiary motions. 10. When a question is regularly under debate, no other question or motion shall be entertained until it is decided, un- less it be: 1st — A motion in amendment of the original motion. 2nd~A motion to refer the question t(/ a committee. 3rd — A motion to postpone the question to some future day or time to be named. 4th — A motion to postpone the question indetinitely. 5th — A motion that the question be now put. 6th — A motion to adjourn. 11. After the cMvision has been taken on any question or resolution, any member may call foi the names on the division and have the same recorded. 12. No debate shall be allowed on any motion of adjourn- ment or upon a motion that the question be now put. 13. Every member shall confine himself to the question under discussion, and shall abstain from all personal reflections and irritating language 14. Every member present, when a vote is taken, shall vote, unless excused by the Council on s(»me good ground stat- ed, a minute of such excuse and the ground therefor shall there- upon be recorded. 15. No member shall leave the room during the trans> c- tion of business without the permission of the Mayor or presid- ing Councillor. 16. Any member called to order by the Chair shall sit down at once, but may, by I(«ave of the Chair, afterwards rise to explain, and any member so called to order by the Chair may appeal against the ruling of the Chair, whereupon the pro- ceedings shall be as in the 6tn by-law directed. TOWN OF SYDNEY. 17. The following shall be the order of busineBs as nearly nn may be, subject, however, to alterations by the council at any meeting, as the exigeniie > of business niiiy require: iKt — Reading minutes of previous meeting. 2nd — Motion to amend the minutes. 3rd —Motion to re-consider or rescind any resolution, 4th — Receiving and reading the report of any select or general committee. 6th— Receiving any petitions. 6th--Ordering the payment of accounts. 7th— Discussing any resolution of w^ich notice has been jilivon or which h>i« been introduced at a previous meeting. 8th — Discussing the reports of select or general committees. Dth — Discussing any petition. 10th — Miscellaneous and new business. 18. Notices for rescinding or reconsidering any resolution must be given on the day of the resolution being passed before aujournment; no resolution passed shall be rescinded or recf)n- 8idered when such notice haa not been given, and no such notice shall have the effect of delaying or impeding the action necessary tf» give effect to any resolution unless the Council shall other- wise order. STANDING COMMITTEES. 19. The following Standing Committees shall be appointed at the tirst meeting of Council after the annual election called fc»r the transaction of business: 1 — Committee on Public Accounts and Finances. 2 — Committee on Public Property (excepting water works and tirj apparatus), roads, streets and lighting the same. 3 — Committee on Police and Licenses. 4 — Committee on Poor. 5 — Committee on Water Works and Fire Apparatus. Such Committees shall forthwith ap|)oint a Chairman, and they shall meet when and as convened by such Chairman. The said Committees shall make a report in writing of all matters appertaining to their several de|^>artments at the monthly meet- ings of the Council, and also at any other time when thoy shall deem it requisite to do so, or when the Council shall call for a report. 2<). The Council shall have power to appoint Special Com- mittees to consider any matter not connected with the depart- ments mentioned in section 10. 1 I 6 BY-LAWS AND ORDINANCES. THE TOWK SEAL. 21. The Seal provided by the Town Council, and now in the custody of the Clerk, shall be the Common Seal of the Town, until the same shall be altered by the Council. 22. Any person requiring the Town Seal to be affixed to any certificate or document for the purpose of authentication or otherwise ohall pay to the Town the following fees: For affixing the seal to any document to be used out of the Province .... $2.00 If to be used wit! /'n the Province only, 1.50 If to be used within the Town only. . . , 1.00 THE TOWN CLERK AND TREASURER. 23. (1) The Town Clerk and Treasurer shall be custodian of all the public books, i^ccoutits, contr.icts, agreements and documents of the Town (excepting bonds of officers employed by the town, which shall be in the custctdy of the Miyor), and shall at all times have the same arranged and 'Jled in a con- venient manner for use and reference. (2) He shall, at the beginning of every year, enter into a bond of a reliable guarantee company, in the sum of $2,000, conditioned for the faithful discharge of his duties as Town Clerk and Treasurer for the term of one year. (3) He shall attend at the Town Office for the transaction of public business during such hours as may be appointed by the Council, and such hours shall be posted up in a conspicuous place in the office. (4) He shall, under the direction of the Mayor, make out an arranged li.st i,i the business matters which it appears requi- site to lay before the Council for their consideration. The list shall be termed the order of the day, a copy of which shall be laid on the table for the inspection of the members, and another placed in the hands of the Mayor or presiding Councillor. (6) He shall attend all meetings of Council, and take cor- rect minutes of the proceedings and matters considered thereat, which he shall enter in a book to be kept for that purpose. (6) He shall give all notices required to be given by the Towns Incorporation Act of 1895 or amending acts, and required to be given by or for the Council. He shall also notify all per sons interested of any action of the Council upon any matter, and shall, as seen as practicable after each meeting of Council, supply the Chairman of every Co the bank, to the credit of the Town, as received, all monies whatsoever that may come into his hands for and on acci>unt of the Town. (9) He shall only pay out monies or the order of the Coun- cil, and payments shall only be made by cheque signed by the Mayor or presid ng Councillor ana the Treasurer. (10) The bank-book shall be open at all times to the in- spection of the Mayor or any Councilh)r. (11) He shall keep the accounts of the Town in such books, and after such manner as may be prescribed by the Finance Comaiittee, so as to show coi»veniently, distinctly and separate- ly the inccmie from all sources and the expenditure for each service. The lx)oks shall be neatly kept, and promptly written up, so as at all times to 8r».w the condition of the several ac- counts, (12) Invoices or accounts uuist be furnished for supplies and services of any kind. Such accounts must be approved of ty a majority of the committee uiider whose charge they are contracted, before baing laid before the Council, and no ac- counts are to be entered in the accunt books of the town until passed by the (Council. This regulation shall not apply to sal- aries of ToAvn Officers, or to the pay list of laborers employed by any regular committee of the Council or to interest on bonds or siebentures. OFFICERS OENEEAI.LY. 24. Every officer appointed by the Council shall, within me week of being notified of his appointment, take and sub- scribe an oath that he will faithfully periorm the duties of his |office to the best of his ability. IMPOUNDING CATTLE. 25. The pound already established shall continue to be the [pound for the confinement of cattle, and the Council may erect Ifiuch other pound as they may deem advisable. 26. Horses, oxen, bulls, cows, swine, sheep, goats, tur- keys, geese and ducks shall not bo allowed to go at large within [^the Town of Sydney. : 27. The policeman or any other person may impound any |of such animals found at large in any street, lane or other public )lace within the Town. 8 BY'-LAWS AND ORDINANCES. 28. Whenever any animal is impounded under the pn visions of Ihe next preceeding by-law, the pound-keeper, in ca^ the owner of 8*tch animal is known to him, sliall give such ownt notice in writing of such impounding as soon as practicable KC2 vice of the same at his residence or place of business, if wiM in the town, otherwise by posting the same to his address, known to the pound-kee})er, and if such address is not knowi^ by posting the same as hereinafter provided. In all cases iuipounding & notice thereof with a general descrrpti(m of th| animal impounded, shall be posted at the Town Othce, and within ten days after such service and posting the owner of sucl animal does not reclaim and remove it and pay the forfeiturl ikicurred and all fees and demands due in respect of the samel the Mayor bhall issue an order ui writing for the stile at auctioif of such animal, and the same sh>^ll be sold to the highest bidder^ and in such case the balance, if any, afi:er deducting all suet forfeiture, fees and dennands, and all expenses of sale, shall h| paid to the owner f any animal going Ht largt^ against the provisions of by-law 26 shall be liable to a fine ik not less than one dollar nor metre than four dollars for each suclij animal found goin^ at large, and in default of payment of the| tine, shall be imprisoned for a period not exceeding twenty days^ but nothing herein shall be construed to restrain or limit the|i right to impound any such animal, or to sell the same (m non payment of the fees provided for in the next preceding by-law. DOG8. 31. The keeper of every dog, whether owning tho same orl otherwise, shall report to the Town Clerk forthwith after bef coming the keeper th )reof, the name ot such dog, in order thutf TOWN OF SYDNEY. 9 [me may he refifisterod in a hook kept tor that purpose, >iud le sum of one dollar for each dog so registered. \2. A tax of one dollar shall be paid annually on the first May, fr ai kiiiiss tl U^nse th 40. AU persons who shall occupy premises within Town, and commence the sale theroin of any goods, wares nr 43 merchandise of any kind whatsoever at any time after the tiif^tog^ f^^ol day of January in each year, except those who, during the year immediately preceding such date, have been assessed by thei Town Assessors for property real or personal within the Town,! or who have paid town rates in respect of property in the Town,j rated to such persons, shall pay to the Town, before commenc- ing to sell or trade in such goods, wares or merchandise, tlu sum of fifty dollars in lieu of all rates and taxes leviable by the Town. Provided this by-law shall not apply to such persons as shall be added * the assessment roll for the current yetir under the provisions i" Section 137, Towns Incorporation Act. 41. No person shall, within the Town of Sydney, exercise „i|p V I 1... s. TOWN OF SYDNEY. 11 y person, tj , forfeit i\ s'j fiyiiieiit therd «ty days, a^ rrant to be te for the (l rge to the ai hall besubjel n default >ffioe of auctioneer, or sell at public vendue any real estate, A or chattels whatever, without being licensed thereto, ih license shall be granted on application to the Committee picense, and shall be signed on their recommendation by the for or presiding Councillor, and Town Clerk, and shall be for the period of one year from the granting of the same, fee for such license shall be tifteen dollars for one year, ten irs for a half year and seven dollars for a quarter year, and be paid at the time of applying for the same, and if any on shall, n ithout such license, soil any real estate, goods or btels at pu])lic auctioi^, he shall forfeit and pay a sum not ceding Hfty dollars for each offence, and in default of pay- lit .shall be imprisoned for a period not exceeding two months, Vided nothing herein shall apply to any officer of the law ling under legal process. EXHIBITIONS, ETC. Town of Syael B calling of jrchandise ant or repi( the Council 42. No theatrical exhibition, public concert, entertain- Jiamg Couiin^t, show or exhibition, to which admission is obtained by the I uoilars slia;>|||fment of mr entert;i| ' object. I" or on .„j Town. ^,r ifilty not (I «Iiall be iii| <^tling thill fire crackef side-walkl I the writnj under suJ il noise c; '1 or u|)()i/ of the Tow." >tfence; hi\< e after eigli ilty not ex ' i"iyiuen exoeediii fhfc, or In » tauntiiiL any othoi vn shall l)( very siidi the couii 50. No person shall knock or pound on any door of any louse, or ring any d<»or bell, ^'or the purpose of annoying the Inn ates of the house. 51. Any |>ejson who shall on any street, lane, bridge, jhoroughfare or sidewalk, use any profane, obscene, lewd or [ascivious language, f)r be guilty of any obscene, lewd or lascivi- >us conduct or behaviour, or who l)eing on any street, lane, nidge, thoroughfare or sidewalk, shall openly challenge any- >ne to tight, or shall use abusive or ])rovoking language, or lliall make any noise or disturbance thereon, or shall obstruct kny person or persons in their shops or houses, or proceeding Ml their lawful business, oi who shall appear to be on any Itreet, lane, sidewalk (»r any other public place in a drunken or pntoxicAted state, may, on view of tlie offence, be forthwith ar- rested and taken int custody by day or by night, by any Con- table, Poticeuian, Watchman or by any person under a verbal irarrant from the Mayor, Stipendiary Magistrate or any Coun* Sillor, and taken to the lock-up and there detained until brought )efore the Stipewdiary Magistrate, or the person presiding at ^lie Police Court, and shall be subject to a tine of not less than me dollar nor more than ten dcvUars, and in default of payment ^hall lie imprisoned for a term not exceeding thirty days. 52. No person shall, on any public street or lane, l)eat any rum or V)low any h(»rn or trumpet or clang any cymbal or tri- jingle or play any musical instrument or shout or sing, after javing been recjuired by any house holder resident in such breet or town, or any p(^lice constable, to desist from making [uch sounds or noises, either on account of any illness of any nmate of such house or for any other reasonable cause, . truckmen's reoulationh. 53. N<» person shall be employed within the limits of the wn for hire or wages in the transportation of goods, wares, erchandise or other things whatsoever unless ho be a licensed ^rucknian, but tiiis l)y-law shall not apply to persons em])loyed ly the day. The license shall bo signed by the Mayor or pre- 4ing Councillor and Town Clerk on the recommendation of hf) License Committee and shall continue in force one year '^^^rom the date thereof. Provided nevertheless that all truck- '. men's licenses shall expire on the 3l8t day of December of the f";yivir for which the same are issued. 54. Any person who without license trucks or engages in the transportation of goods, wares and merchandise within the u fI:ff^^^ff^i^A^am ! a obtafning S^lctiS'^T^**" ^ two dollar, to ^K ^ fchan one single W .. ^^ *"^ truckman « ithL ? ^^^ ^^^^^ on ^itional horse so So! ?' u^ *^«" Pay one d^?I^ V^'^^'^y '"o^e horse shall expire Sf"^* ^"' ^^^ iiceLe l! i*'/'^^ ^«h ad- firsfc so licensed and ff • '^'"** *^'"« as tli li^'^ '""/^ additional "" fche face of the ?^ '^ '^^^^ at a diffemi^ H ^^ ^*'** <^h« horse «f teams nv^y^lnSr the word ^S^^^^ 1^^^ '^^'^^ for part of tlie year S k " "*"« ^cense. Tho> ^V^ ""'"»>er '"g amounts. "^^^ ^^'^^^ ^e proportionate rnvtl T!u' ^•^^"^^•^ or the forego- fetters upon e^h^™« ^ l-e painted in „Z 3 "'"I «fe" the for every d^y j^ "h", 1;^ !?"'" ""der al„' ui"'' ^ «pre»s -d number «, j^it'eYr^et -- -">-" l-i^g Z tt -""oe required. ""^ "'" "-"""nf P-Perl7'h'a:Ui:"C" the mitted to dri^'^l" "'"'er the a™ „f «,. »ii the regulations TOWN OF SYDNEY. 15 ide or to be made relative to truckmen and any driver of such |rt, truck or sled, who may be guilty of drunkenness, shall b« iinissed by order of the Mayor or any one of the Committee Licenses and also forfeit and pay the sum of one dollar, and |e license of such truck, cart or sled may be suspended or rfeited by the Mayor or any one of the Comm'ttee, according the nature of the offence of such driver. No driver so dis- Ussed shall be re engaged during the period of four week« from le date of dismissal. 61. No truckman shall refuse or neglect immediately t» iy any call for any public duty to be made on him by the tayor or any of the Ctmncillors, the Recorder or a Police Coii- fttable, and, upon his refusal or neglect so to obey, his license Khali be suspended for such a time as the Committee on License ^all think proper for such offence. 62. No truckman shall leave his horse and cart, truck and 3d without a driver, or shall feed his horse, (except from a |[H9e-bag) in any of the public streets or lanes of the town. 63. Every licensed truckman shall be furnished by the )wn Clerk with copies of the by-laws number from 53 to 67 ^elusive, and the person in charge of sjch licensed truck, sled ' cart, shall be bound on request of any person employing the jknie, to prr>duce and exhibit such copy under a penalty of fifty piits for i^uch refusal, and such refusal shall also justify the iployer in with-holding payment until properly satisfied as to \e rate charged. 64. The rates chargeable for hauling shall be as in Sche- ile "A." 65. Any truckman who shall demand or receive any great- rates or fees than those prescribed shall be liable to a pen- by not exceeding five dollars and for the second or any suose- lent offence shall in addition to such penalty forfeit his li- inse. 66. Every licensed truckman or driver in charge of a ick, cart, sled or express wa^on shall be bound so far as he is le on all occasions to load and unload or assist in so doing. 67. No licensed truckman or driver shall drive his horse Iter than a slow or easy trot in or through any part of the iwn. 16 BY-LAWS AND ORDINANCES. Cirriage, HACKMENS REGULATIONS. 68. No person shall keep or drive for hire any waggon, sleigh, cab, omnibus, coach or other vehicle for thu con veyjMMie or carriage of piis? are issued. This by-law shall not apply to horses standing at iivery. 69. The sum of two dollars shall be the license fee for one horse, and one d» liar f(»r each additional htuse, provided thnt the license for such additional horse or hors«3s shall expiru ar the same time as the original license, and shall if separately is sued "be marked on the face *' Additional." Any number oi horses may be included in the same license. The fees for lic- ense for i>art of the year shall be proportionate parts of thr foregoing amounts. 70. Every person in charge of a licensed team shall vve-u a badge indicating that the team is so licensed with the number of the license. 71. No perstm under the age of tifteen shall be permitted to drive a carriage, waggon, sleigh, cab, omnibus, cv.acli oi- other vehicle for the conveyjince or carriage of passengers and the licensed holder of every carriage, waggon, sleigh, cab, om- nibus, coach or other vehicle shall be answerable and account- able for the good conduct and behaviour of such driver as he may employ and for the observance of all the regulations made or to be made by the Council. 72. The carriages employed and the horses used with their fittings up and harness shall be subject to the inspection and approval t)f the Connnittee, and the Committee may suspend or revoke the license of any person who shall keep in his use or employ any driver, carriage or horse objected to by the Com- mittee or decline to obey their order in res[)oct to his carriage or harness or the fittings or condition of any such carriage. 73. Every carriage on wheels when driven or used in the night time, shall have fixed cm some conspicuous part of the outside thereof, one lighted lamp with plain glass front and und< lore 74. ik prol jligenc^ je, in Hbu8i> TOWN OF SYDNEY. 17 for till h.u;knev the Toul) Aed which ind Town (■tee, find ^J'ovided, the 31.st ' issued. i>, under penalty upon the owner of not less than ode dollar nore than two dollars for each omission or breach of this -e for Olio ded thjif 'xpii-w at Htely is- 'nber of •s for lie- ' of th(' rill wear uumher ^rmitted t'Hch or 3fs and d), oni- ccount- as he i made M h their '1 and !nd or xse or Coiii- rriage ri the f tlie and 74. The Committee of Licenses may at any time they ik proper suspend or revoke any such license, whether for |[ligence or misbehaviour of the person in charge of subh car- j^e, in refusing to be employed, or in driving the same, or [>busive or otherwise insulting language. 75. Any person who shall take up a stand on any street, [e or alley in said town, or shall keep or drive any carriage conveying persons for hire therein, in, through or "pon the sets, lanes «)r alleys of the said town without being dtst lie- led thereto, or, having been licensed, shall keep in the streets, ^es or alleys of the said town, or drive, use or employ more rses thin he is licensed to use or otherwise employ, or shall ive, use or employ any carri^vge for the purpose afoTesaid, ii the license shall have expired or have been soapenddd or roked, and not renewed, shall be liable to a penalty of ten lars for every offence, and the carriage of every respective laenger shall, be deemed and adjudged a separate offence and lished accordingly. 76. Any person having a license, who shall not wear his Ige when on the stand, or any driver or person in charge of licensed carriage, who, being upon his stand disengaged, shall fuse to convey any person seeking to employ him^- shall, for }h offence, besides being liable to have his . license tevoked, rfeit and pay such fine as in the next preceding by-law pro- led, and the owner or driver of any such carriHge Who shiall fimand or extort from any person or p)drsbn8 a sum beyond the of fare establi!>hed or hereafter to be established, may be so led, and shall forthwith forfeit the license for such carriage, ^d be liable to refund to the party agrieved the sum so extort- with costs of prosecution. 77. The word "carriage," whenever it occurs in the by- ws numbered from 68 to 84, inclusive, is to be understi^od and 11 be taken to mean every desotiption of coach, chaike, wag- 'lluii, cab, gig, sleigh or other vehicle or conveyance, either upon -♦heels or runners, close covered or open, used or to be em ploy - id for the purpose aforesaid, by whatsoever name or names they -jaay be knovvn 6i^ called. 78. Copies of the by-laws numbered from 68 to 84, inclu- ive, shall bo furnished to every licensed hackman, and shall on 18 BY-LAWS AND ORDINANCES. request bo produced by the driver and shown to any person em- ployed by hiui; The refusal to produce such copy shall entitle the person employing such team to refuse payment of any sum demanded until the same is produced, and any proprietor or driver who shall so refuse shall be liable to a penalty of not more than live dollars for every such refusal. 79. The tariff of charges for cabmen for carrying passen- gers and baggage shall be as set out in Schedule "B." The Town Clerk shall furnish the person obtaining a license with a copy of the Table of Fares to be produced to any person em- ploying the said curriage who may demand an inspection there- of. 80. Any licensed cabman within the Town of Sydney who engages to be at any particular place within the limits of the town at a particular or given hour or specified time, whether by day or night, who shall not be punctual to the time of the en- gagement, upon conviction of said neglect, shall be 'iable for the first offence to a fine not to exceed five dollars, and for the second offence to a fine not to exceed five dollars and for the third offence shall be liable to forfeit his license and be liable to a fine not to exceed twenty dollars, to be recovered for the use of the town before the Stipendiary Magistrate, or other party presiding at the Police Ofliee, and on non-payment of the fine imposed shall be imprisoned in the County jail or lock-up of the town for a term not to exceed sixty days. 81. Every licensed cabman or keeper of hackney carri- ages within the Town of Sydney whether upon his stand or at his residence or place of business, upon being applied to at any time between the hour of seven o'clock in the evening and twelve o'clock at night and tendered his proper fare, shall without delay place himself or his driver, and horse or horses, cab or carriages, at the disposal of the party so applying, and shall forthwith proceed to any place within the limits of the town as directed. 82. The legal remedy of any person aggrieved by the con- duct of any licensed cabman or keeper of hackney carriages, or livery stable keeper or their servants shall not be taken aw^y or in any way interferred with by the preceding ordinances or by-laws. 83. No licensed cabman shall solicit fares upon or on the platform of the Intercolonial Railway Station or upon the gang- way of any steamer at any of the wharves in the Towh of Syd- TOJVN 0^ SIDNEY. 19 ney, nur shall any such licensed cabman while on his stand either at the Railway Station or such wharves or elsewhere shout or indulge in any boisterous behaviour under a penalty for any violation of this by law not exceeding five dollars and in default of payment to imprisonment in the County jail for a period nttt exceeding thirty days. 84. Any person who without license keeps or drives for hire any carriage, w g<»n or cab, omnibus, coach or other vehi- cle for the tonveyance or carriage of passengers or to ply as a hackney carriage, cab or