IMAGE EVALUATION TEST TARGET (MT-3) V / O {■/ :<° wj? y*l:p> .WHi;j"ipii|^^Wf^^*Ma.'Hi- i.J5"-::>^i'-^7'i , f] i .-* / i4^ m^ ^%^xP\ ^ f^^M^^-^^ f^^' F- 1885, # ^^W..^^ . V ■p-y^ /, /■ ./ /, m. REVISORS' NOTE. In revising the Charter, the Revisovs consider that | duties do not extend beyond consolidating and codii| the existing law. The changes that have been made iri sections — other than the verbal changes rendered neceJ ju consolidating and collating the different Acts-— are i as are absolutely necessary, in the opinion of the Revij to make laws passed at different periods, and, under < |t cnt circumstances than exist at present, consistent wi i). changes that time and the growth of the City have br t/': about ; the Charter is a garment tiiat^niust be altered time to time to fit the wearer. For convenience of reference and in order that any chij may bo at once noted, the Rcvisors have inserted after section in the proof sheets, the reference to the orig Act. Where two sections have been consolidated into the two references are given at the end of the consolidf section. Where a section has been verbally amended to any * siderable extent, or divided up into more than one se:l it will be found so noted. Where the law as stated in the original section Iias i altered by the Revisors, or a new section made, tbu w »^ altering the law, or the new section, as the case nay ^ will be found printed in italics. Where any old law or enactment has been wholly orail' or where a change has suggested itself in the revision, Revisors have referred to it in a note at the end of particular title. J. N. LYONS, ^ W. W. MoLELLAN. iRevisyji. F. W. JOHNSTONE J , Halifax, January 2lht, 1885. • that I cod if made ir d necea 8 —are he Revil. nder < fc 'nb wi i.. avo br /. Itered » ; any chi d after t the orif '■ ' ed into | consolidl to any one SO! \ . ) on lids 1 •' 5, thu \M^ ?i ase i'lay K r tiolly orai|" revision, e end of . Revisu'' • 1* I* 'k <^' ■■^^ . // mm An Act to Consolidate and Amend the Acts relating to the City of Halifax. Be it cnactetl by the Govonior, Council and Assjinbiy, as follows ; TITLE I. i. — The Coupouation, 1. The inhabitants oi" the town and peninsula of Halifax are constituted a body ])olitic and corporate, by the name of the City of Halifax.— (S. 1, C. 81, 1804, 'i. They shall, as a corporation, have perpetual succes- sion, and a common seal, changeable at pleasure, and shall be capable of suing and being sued in all courts of justice and of acf|uiring, holding and conveying any description of property, real, personal or mixed.— (S. 2, C. 81, I8(:i4, 15. The town and peninsula of Halifax, and all docks, quays, wharves, sli})s and erections, connected with its shoi'cs, shall be included in and called the City of Halifax. — (S. 3, C. 81, I8(j4. 4. The City of Halifax is divided into six Wards, the ^ description of which follows : NUMBEK OMi conunences on the shore on the East ski of Water street, at a point ojjposite to the north of Street; then running wcst wardl}^ through the_centi'e of said street to Dan HiiitST^SSBSlSE ; thence northwardly through the centre of said street to the street known as the Spring Garden road ; thence by the centre of said street westw ardly to the termination thereof; thence southwardly to iliq^^aii which leads to the North-West Ami past Studle\ ; t^iCltce westwardly by the centre of said road to the North-West Aim ; thence by the shore southw ardly and eastw-ardly by the couises of the shore, to the place of beginning. i r "^v**''^'T^i c/Wmi *..- / ■p ^., • V ..• -.rf' i . i* il. «,»#«w«s«WtfWifc3W»P»il»«!«s*''- ^ 8 Number Two core meneos on the liavbor of Halifax, at, the centre of Noble's wharf; thence rnnninf» westwiwlU- by the centre of Sackvillo Street until it intcisects tbt^^pSn Diotl o\ %a which crosses the Common in the rear of Citadel Hill t'uuuuH . ^ northwardly ami westwardlv throu di the centre oC lhQ.8ftiiLc^/ (t/^^^^'^^ i-oad past tne WUwliiiit^ 1 WrffrnrrslToTc s otHhe North- West ••^P' *^ , ] Arinjt lient;e , JiPiitln vardh: by the courses of the said shoie '| /-fS^fTTcenli^ of theijrM\vii ich leads to the North-West Arm by Studley, beiii;; the northern bounds of Ward Num- ber One ; thence "astwardl y by the centre of said road and T7 I I II I I I III IHilllliiiiiiUiil^ltliiiiiilii thence south wardly Street janlen road t(TlMGi^ij||kail''li*^ through the centre of said street to thence eastwardly through the centre of said street to the point of commencement of Ward Number One ; thence by the Harbor to the place of beginning. NUMHKR TilREK commences on the harbor of Halifax, at the centre of Ryan's Wharf; thence running westwardly by the centre of Duke Street across the Citadel Hill to the road which crosses the Common in the rear thereof; thence southwardly by the centre of the said road until it is inter- sected by Sackvillc street ; thence eastwardly through the centre of Sackville Street to the point of comraencemeut of Ward Number Two ; thonco by the liarbor to the place of beginning. Number Four commences on the harbor of Halifax at the centre of Leppeart's wharf; thence running westwardly by the centre of Jacob Street to Barrack Street ; thence northwardly through the centre of that street to the street which leads westwardly past the barrack stoi'es to the road which crosses the Common in the rear of Citadel Hill ; thence southwardly by the said road to the northern line of Ward Number Three ; thence eastwardly by the said line until it strikes the centre of Duke Street ; thence through the centre of said street eastwardly to the place of commence- ment of Ward Number Three ; thence by the harbor to tlio place of beginning. Number Five commences on the harbor of Halifax at the southwe.stern corner of the Dockyard wall; thence running westwardly to the centre of Gerrish Street to Gottingen Street; thence northerly by the centre of Gottingen Street to North Street ; thence westerly by the centre, of North Street until it reaches the Dutch Village Road ;, thence through the centre of said road until it reaches the brook which runs into the North Wost Arm ; thence southerly by the shore of the said Arm until it meets the northern line of W^ard Number Two ; thence by the said line eastwardly thr jugh the centre of Windmill Hill Road to the road which ^^ ■f ■I i -Jl \ vV '•* \} '■'f chjjAiAX^^ crosRen the Common in the Citarlol Hill ; thence northward- ly l»y saiil road until it is intorseetod i>y tho road which runs westwardly from Barrack Street past the North Bar- racks ; thence eastwardly through the centre of said 8tveet to Barrack street ; thence southerly by tho centre of said street to tho centre of Jacob 8treet ; thence oastwardly by the centre of said street to the place of connnencoment of Ward Number Four; thence by th** Harbor to the place of bejjinning. NuMDEU Six connnoncoH at the southwestern corner of the Dockyard wall ; thence running northwardly on the eastern side of the Dockyard by the shores of the Harbor and Basin nortliwardly to the place where the Basio road is intersected by the road ninniug through the Dutch Village to Titus Smith's; thence southerly by the said road until it intersects the road leading from tho Town of Halifax, past Hosterman's mills; thence eastsvardly through the centre of said road imtil it meets North street ; thence eastwardly to the centre of North Street until it intersects Gottingon Street; thence by the centre of Gottingen Street until it is in- tersected by Oerrish Street ; tlumce eastwardly by the centre of Gerrish Street to the place of commencement at the south- west corner of the Dockyard.— (S. 4. C. 81, 1804. 5, The City Council may, from time, alter the limits of any of the Wards of the City, by an ordinance or by bye-law, 8j(nctioned by the G(»vernor-in-Council. An interval of five ears shall always elaj)se between anv such changes'. — (S. '".c. 81. 1864. (NOTK :— It hn-< ))eoii 8ugfltcste iiMirranjfoil, luul iiii extra Ward nuvUc, so thitt tho »r«ii aiul popnJatlon ot each niuy be luort- ui»ilorm.) . TITLE II. CITY COUNCIL. I.— Constitution of City Council, 6. The Mayor and Aldermen shall constitute the Cifev Council.— (S. 5, C. 18. 1864. 7. The number of Aldermen shall be in all eighteen, three representing each Ward.— (S.O, C. 81, 1864. 8. The term of office for Alderman of the City of Hali- fax shall be three years, unless he shall bo elected to fill an extraordinary vacancy, in which case he shall serve for tho unexpired portion of the term of his predecessor, or unless X" iT^^ ^ "#>• Ki t > I «aM < »t4> *'Mi>«M taattKtf • -^ he shall resijrn office as indicated by the sixty-fourth and sixty-fittl sections of this act.— (S. 1, C. 87, 1806. 9. The present mavor, aldermen, recorder, city clerk, and other officers of the City of Halifax, shall respectively con- , tinue in office and be bound to serve for the residue of the terms for which they have each been elected or appointed. — (S. 8, C. -SI, I8(i4. 10. lumu'diately after the passing of this Act, the City Council shall make a list of the aldermen by i)lacing in numerical succession the six wards, and under each ward the names of the present aldermen in order of senim-ity, so arranged tliat those whose term of service will expite smom- est, shall have priority ; and every alderman hcrealtor electftd shall bo entered also thereon from time to time. provided any alderman elected to lili a vaoancy, shall tako the place on the list which the person he succeeds pievi lusly held.— (S. 9, (.\81, lhG4. 11. The mayor and aldermen shall before entorin? upon the duties of their offices, respectively be swoi-n by takii.jj and subscribing- the oath of allegiance and oatli of ufficu, tQ t These oaths shall be administered t(» the mayor ch'ct bctbie d^ IJ^JJUjiu^C^^^^^ *u^Jgo^'6*""'^f '^'' administrator of the government, or, in ^^'^"^'^ in hta absence, bef re the chief justice, or (ine of the judges of the Supremo Ccturt, in the presence of^hree aldermen ; the aldeimen shall be sworn by the m^vor or p'esiding alderman. A certificate of such oat*^a having be^n tHk''ii, shall be entered by the city clerk in the city miutite-*. The path of office shall be as follows : i«jw I, A. B. do swear that I am ^^■ipK]ualitied m thi^t I irwii niiif^iii ^^ .^r^ .,.-. ^, > B o itti A i WNpaagag gad tis th # w f"*"""^-' ■■'■' ' ^'- "\" ^*' ^nlil'nTT i^i r i ^ Iw r lit li ' that T will faithfully periorm tne duties) _^ -.^hile 1 hold the office, with dili- gence and impartiality, to the best of my ability. So help mo God. The blanks shall b'^ filled up with the name of office before the oath ia taken and subscribed.— CS. 52, C. 81, 18G4 ; S. 15, C. 24, 1880. 12. After an election for a mayor is held, until the new mayor shall be declared to be elected, and shall have been sworn into office, the mayor previously in office, (or if there |WM J^ X •F ''S « I bo a vacancy, tho alderman pvesifling in the city council) shall exercise the functions of mayor. — TS. 5:1, C. 81, 1804'. n.— QUALIFECATrOX OF MAYOR AXI) AlDFRMAX. 13. In order to qualify a citizen to be eligible as mayor or alderman, he must bo a natural born or naturalized male subject of Her Majesty, of the full ago of twenty-one years, not attainted of treason or folony, ar indebted to the City of Halifax, in an)j sura for Citi/ Taxes or Water Rates, either individual} i/ nr as a ncmher of an;/ fi,r)ii ort'o-pavl- iierskip and inustir^iil.liuon (i every (|ualitication necessary for a voter, bo the owner in his own right of property, within the City of Halifax, real or personal, of the value of tWi> thousand dollars bovond the amount ho mav justly owe.— (8. 22, C. SI, l.sGi ;\S. 1.'), C. 24, 1880. 14. iS'a4ier.-i>n in iioly oiijor^, no min-ster or to.idier of any-religiou.s concrro!,'ation, no judjc nr clerk oi" a court, no niiuiiterial.law. .jiUi.^i.. oi the < Vwwn^no person accountable for city taxes or revenues, no personlvho having collected city taxes or revenues, has iiot settled f'dh' with the city far such collections, no j^erson in \eceipt oi salary from the city and no acting inspector or poll clei'k at a city election shall be oligilile as mavor or as alderman. — (S. 24, C. 81, 1864. 15.— The city co and determine on tl?e oiigibiliTs. ot person' elected to otfice, as pers(m returneil who is i\tlieir ludgme of being s) olected, tl direct, a new election IG. Any mayor or aiuorman situation that would have rondorod him inVciligihle, shall become disi[ualitiefumkn. 18. The elociions of mayor and aldermen shall take place annually ^m the last Wednesday in April in overy year, — (S. 90, C. 28, 1.S83. 19. Every natural born or naturalized nuvlo subjoct of Her Majesty, oi the full age of twenty-one years, uyt attainted ^ M i ^0j} p>uA^ i(c!h [uM^ P t:^ A. ir/r T ^ iliOL ' « of treason or felony, ••^hall Ix; qualified to vote at any elec- tion of Mayor or Alderman of the City (jf Halifax, provided he shall have resided in said city for at li-ast one year next preceding such election, and lieen assessed thereni for poor and city rates, or poll tax for the year commeneinif on the flrst day of May next preceding said eUction, ana^sb^lh^ve paid said rates or poll taxes, tW*««»»i»pfTSWf ir r n iliij u n l l i i i iml i r i i m ]" i | | tuT" '"" ' '""'" 1"''^ "'' ^""'^''' rJ Yrr I Il l \ \ f i l l - mil ii li ii linn I "' 11.), C. 128, ISSt? ; S. 6, C. ^(), 1.S8± 'JO. Any person having a shop, btore or otRee in the city, and conducting a business therein, on his own account, solely or as a recognized partner in business for rt^p^years next previous to any tileelion, shall, although his residence be out of the city, be deemed to dwell in the ward in which he conducts his business, and being otherwise qualified, shall have the right of voting therein ; but it shnllj not be necessary that the person voting shall have occupied tlie same shop, store or uHice in the same ward, only during such period of liww* years. — ^S. 12, C. 81, l'|^(l_k. '21. Any citizen duly »jualilied to voteJ^all, on produc-< ing his receipt for the payment of ]ioll ta.'foi.-tcity rates, if any, for the next year precedirig the election (as hereinbelbre provided) be entitled to vote tor mayor or alderman in tlie ward he resides or carries or! his business o:' has pro- perty on which such rates have been paid ; but notliing lierein contained shall enable* aiiy person to vote in more than one ward at any civic election. — (>j. K!, C. 81 ISG-t. 'I'l. Every menilxjr of the Union Engine Uolflflfmy, Axe Fire Company ami Union Protection Company, t yid c veyy honorary member of eitM^r of the said companies, MialTTiavo' the same ])rivileges of voting at city elections as rate-payers, in tilic ward in which they reside at the time of .said election upon producing a certificate from the City Collector as is hereinafter required ; proviued. that the active members of the U.uon Engine Company hereby eutitleil to vote do not exceed one liundred and fifty in number in addition to honorary members. — (S. 4, C. :i(I,1882. ■ "I'i. On or before tlie first day of Ayp H , in each year, an alphabetical list of all members of the Union Engine Com- pany, Axe Fire Comjiany antl l^nion Protection Company, with the number of the Ward in which each member re-* sides, set opposite his name, shall be prepared and signed by the Captains, Presidents, or superior otHcers of such com- panies, and countersigned by the Secretaries or Clerks thereof; and such .secretaries or clerks shall verify by afti- davit such lists as being correct, and shall on or before the \^» I ^ \ clec- 'idod next poor the iavo Zlf^ mat i.e. jfcj, mt, ICO icli ed, be he )^> 7?fer / V ^ /Vv -<-i2«LJ .^tc/t4.iz_^ //iST' KJlf^i^^"-^-^ {% d^lx.f-'^^M^^ A w 9 C Baid first day^ofirpfi+r hand-" the lists so vermed into tho office of the Cify Collector.— (S. 3, C. 44, 1866. 24. The City Collector, upon application,shall give a certi- ficate to atiy member of such companies, whose name is con- tained and set down in such lists, stating that the name is contained and stands upon the lists, so returned into the City Collector's office.— ^S. 17. C. 81, 1804/ 25. JSo members of such com])anies shall be entitled to vote at any city election.s, unless he has boon enrolled in the company for si:c months |ireviously to the return of the lists, and unless his name is contained in such lists as an effective member.— (S. 18, C. 81, 1864. 26. On or about the first day of April in each y ear here^ after, the Citj' Collector sliall cause to be prepared ^ alpha- betical list or registrar, of all the rate payers an«l payers of poll taxes within the City of Halifax, and of the naraerf oj such members of tho ditterent companies which shall have been returned into his office, who are exermpt from poll taxes, and opposite to each rate payer's and poll tax payer's name on the said list or register, the wards for which lie is assessed^ and rated to pay his rates an to be prepared six copies of the said lists or register, each copy to be certified by him, to be used and referred to by tlip presifiing alder- men in the several wards at the elections of mayor and aldermen at any elections lor ^said officers; and after the pas^sing of this Act no citizen or rate payer or ))ayer of poll taxes, or member of any companies, shall be. allowed to vote, nor sliall his vote be accepted by the presiding ofilcer at any such election ; unless the name ot such citizen or elector shall appear u|)on the said li.~,t or legister, certified for the use of the several wards; provided always that nothing in this section contained shall exempt voters from presenting to and filing with the jnesiding officers, their tax receipts and certificates as hereinbefore directed. — (S. 21, C. 81, 1864. 28. The fix aldermen elected on the first day of October, A. D. 1882, shall go out ot office on the first day of May, 1885, and thereafter on the same day annually, the mayor and the senior aldermen of each ward shall go out of office. — (S. 26, C. 81, 1864 : S. 9(),C. 28, 1883. 29. The evidence of payment of rates by a voter shall be the receipt signed by the City Collector, or by his agent, Appointed with the con&^ent ov recognition of the City Goun- ^ ^''^<<4A-C-^ LuUfjl tUti^S-lK^ i>j^ ^ i^jvi^ n* A ell, which receipt shall iif prtHlucMl at tlie timo of voting, and lodged witli tlio pnsiiliuLr (iftic'"i.~-l'S. '27, C. 81, 1864. 30. The eh'ctions >li;ili hj cDiidii'.-ti'd in ciioli waul hdore one aldcmmn in'CHidini: nnd two m- in.in,' iii.s|tect inspeclors :->hall t'e qimiiHud a suci S Vl)trl'-> 111 tlic ward: nnd sliull ho ciicli sworn lit-Kif tlii.' niavor to tho laithful di.-cliar!'.> of his diiLii fS. -8, CM. 1804. .'}1. Bt;fV)v»! anv oI'M'tion tli(, city coMiieil .shall appoin tthe iildeimaT) to pix'sidu thereat; and thrc" or more inspector i'or eacli w sh i^ x])puinted by tlie council twenty days bel'ore tlio meiier.d elfCtidii, wlio shall hi' also inspectors of all special elcjiCti(.ins held in tlio ward tor the ensui«),cc year ; any two inspectors may act; vacancies in the othce of inspector by death, inability or refusal shall be filled up by the council.— (S. -2'.), U, Nl, 18G4. *}'2. An ins])ector ix'fii.sinLj to act or declinin;,' or omitinj*' to be sworn Ibr tivt; days after notice of his appointii«eut, or who after his a])pointnient and been sworn into othce, shall not appear and be presf^nt at the openini,' of the poll, or wlio shall neglect or refu.so to act unless he have some valid ex- cuse satisfactory to the council, shall forfeit and pay for such offence % *w^ > >w-L nMui^ Jb-^Unci, Jl^^H^^ >>Uii^ 10 for holding the election, and notice of the names of all the candidates whoso nominations liavo been so t'ylod, shall ho publisht'd Ijy the City Clork in two im mt imt newspapers published in the City ol' Halifax for at least five days before the cloction Ail votes ^ivi-n for any person not named in such notice shall be considered as thrown away.~(S. 1,C. 21 1881. 38. Every candidate for the ollice «»«aiii*-*jf Mayor shall, on the written nomination, place and si^qi his acceptance of said nomination as Mayor, before the same is tiled with the CityClork.— (S. -J, C.20, 1882. 30. Hereatfer upon the nomination of any person for the office of mayor or alderman, befoie such nomination is received or considered by the City Clerk, the nomination paper shall contain an ondor.-en\eut, signed by the City Collector of taxes, to the eil'ect tliat said candidate for mayor or aldeirnau is not in arrears uj) to that date for any bum of money for city rates or taxes of any description. — (S. 113, C. 28, 1883. ' 40. In case the person who so accepts said nomination for mayor is an alderman, and i> elected, he shall cease to hold oHice as such alderman, and thereupon the mayor shall take the necessary steps to have the place filled as such alderman by election in the usual way, and the person so elected shall serve the balance of the term of the person so nominated and elected as mayor. — (S. 3, C. 25, 1882. 41. No ^uch nominiition shall be received orfyletlby the City Clerk unless it has appendi'd to it the tax receipt for the past year of the citizen si^iiiiiy the same, or the certiti- cate in lieu thereof.— (S. U. (A '21, 1881. 42. On the day befme the election is to take jtlace the City Cleric shall hand to the presiding alderman for each ward the nominations fyled with him for the ottice of alder- man of that ward, and shall certify to him in writing, the names of all candidates nominated for the office of mayor, and at the election in each ward no vote which may be cast for any any other person shall be countev return thereof in writing to the City Clerk on the same day or the day following, to which return the written nomina- tion shall be attached. -(S. 4, C. 21, 1881. 44. In case only (me candidate is nominated for the office of mayor, the City Clerk sliall not notify the same to :»;■, Uu., i ^ jb^^^'M^ ■w» v>- f}u^uLfA{j I mm m u tlie presidinf,' aldoitnan, uiit) no elootion lor inayDi- shall take pinco, but tlio City (-lerlv sliull on the .lay appointiHl for the election, or ori tho flay tbllowiii;;', iiiakt) a return thereof in writinjj to the City Council, with the orij^'inal nomination, which shali he read in puldic, and the candi- date so nominated shall he thou declared to he the niaytu* for the ensuioff ytai. -S. '), ('. '21, ISSl. 45. The voles shall be ifiveu by the citizens at the elec- tions by ballot. The ballot shall "be a pajjcr ticket, which shall contain in writini,' or printing, or ])artly written and partly printed, the ii.iuie ol tii' person HH|B|ip^§|l'or \/hom the elector intends t.) vote, designating on the back the otHeo which the Candidate is intended to iill ; each voter shall deliver his ballot lulded up to one of the inspec- tors ; the inspector shall ascertain that the ballot is singlo \vithr)ut reading it, and then shall deposit it without delay in the ballot box.— (S. ;?.">, c. Nl, 1864. 46. There shall be in the charge of the alderman presiding, one or move ballot 1;ox( s. When the mayor and alderman arc to be elected there .shall be two ballot boxes in each ward, to leceive separate ballots from each voter for the ilitferent oiHces.— (S. 30, c. SI, 18G4. 47. No ballot shall contain more names than there are persons to be chosen to othce ; no ballot shall be rejected Decau.se iound in a box to wdiicli it does not belong, if other- wise correct ; but a ballot if double, or containing more names than legal, shall be rejected. — (S, 37, c. 81, 1864. 48. Mo alderman ))residing at ary city election, nor any poll clerk or in.spectoi-, or ofliccr of the city present thereat, shall give to ai.y voter any ballot to vote with, or offer to give him any advice as to the person for whom he should vote, or otherwi.'^e interfere with the voter in the exercise of his franchise. Any such alderman, poll clerk, inspector, or ofHcer, offending against this section, .-ihall forfeit for every offence, a sum not exceeding twenty dollars, tube recovered by any person in the City Court, or in)j)osed as a fine in the Police Court, upon complaint and proof by any person present at s^ueh election. — (S. 38, c. 81, 1864. 49. On opening the boxes, if it is found that the ballots in any of the boxes exceed the number of votes entered on the poll list, the ballots rf that box shall be returned and well mingled ; and then the presiding officer shall draw out publicly as many of them without looking at them as equals the excess, and destrov them at once. — (.S. 39, c, 81 1864. 50. At such elections the poll shall be opened at nine g'cloQk in thQ forenoon, and shall continue open till fyur y > ^■-*1^ ■'H(0 tvt J h^y^^^ J Jldu.^^iM^f^'^"""^ l I I it o'x:lock in the ai'ternooii of the saiiu; day, unless sooner closed, as hereinafter provided ; and the name of each elector voting at such election, shall bo written in poll lists, to bo kept at snch election by the poll clerk ; and, iininediately after the final close of the poll, all the votes given in each ward, being sorted and counted, and ]Mil)licl.\ declared by the presiding olHcer an I inspectors, shall be recorded at large by the poll clerk ; and in making such declaration and record, the whole number of votes or ballots given in shall be distinctly stated, together with the name of every person voted for, and the number of votes given for each person respective!}', and the presiding otticer shall proceed publicly to declare the j^ersons having the niajoiity of votes in their favour to bo duly elected, [except as to the otTije of mayor.] — (S. 40, c. SI., 186 1. 51. If there shall bo at the final closing of the poll an equal nural)er .)f votes i)olled for two or more persons, the presiding oflicer shall give a vote for one or other of the persons having such e<|uality of vot.t>s, in order to give a majority to one of th(Mn ; but nothing herein contained shall be construed to prevent the presiding alderman from voting previously to tlie close of the poll in the same man- ner as other citizens may vote; and in case of his being entitled to vote in any ward other than that in which he shall be appointed to {reside, he may give such vote by proxy, sucli proxy being in writing and signed, and hav ng the receipt lor taxes of the alderman so voting by proxy., annexed thereto ; and the poll jists shall, l.iy *h^^ officers holding the same, be delivered on or l;efoie the day next after tiie conclusion ut' such elections to the clerk of the city, to remain in his oliiee. Tliey shall be open lor inspec- tion to any elector on the payment of a foe of twenty cents.— (S. 41, 0.81,1 SG4. 52. The presiding ollicer may at any time give public notice that unless some voter sliall come forward to poll within an hour, the poll will \n\ closed; and if no voter comes forward within the hour th.> poll shall then be ihially closed— (S. 42,0 81. 18g4. 53. Any peison knowingly and wilfullv voting at any elect i )n in the city, held under this law, wiion not. entitled so to v'ote, and fully aware that he is acting illegally; any person voting in a wanl in which he is not entitled to vote, any person fraudulently puttin<; in more tiian one ballot when voting, and any person who sliall vote in more than one ward at any sucli election, shall for every such oflence forfeit and pay to the city a sum not less than eight dollars, nor more than forty dollar.^, to be iccovered in the police I PMMMI court belong till! stipendiary magistrate or ofKc(;r pro^iilinfj, and in delault of payment after conviction, stiall bo cmi- niitted to the city prison for a term not less than thirty d.iys, nor more tliaii six months. — (S. 44, c. 81, 18G4. 54. PJvi rv person desirous of voting at any ideation for mayor or ahiernian, shall, before his vote be entered on tlu; poll lists, it rc'(|uired b}' the officer or person holding any such election, oi by any person qualified to vote at the same, make oath to tlio jjaniculars of his qualitication, and that he has not bL'i\)ru voted at such election, which oath llio officer or person hulding such election is hereby directed u> administer ns fi'llows : Jiatc Payers Oaf It. I do swear that I have resided in the city for owe year or upwards now in-xt precedinj,', unless temporarily absent, (nr have cariit'd on l)usines^s in this city for throe years pnvidus to this election, (as tlw case 'iiviy b'') and that I nm ni' till- age of t \v»'iity-()ti(! years or upwards, iiiid am a subject of our Lady \ho. Queen ; and thar, iu the assessment due. l( lax, mii«1 that 1 havi! paid the same in full ; and that 1 iHu wow re- siding in Wasd No. , and that 1 have not bet'.iie voted at this election or any other election which i>; at tlii* tine; being held, for any other ward No. ; and (hat 1 am the person najneil in the receipt of the City CoUcdir uow pro- duced. So help me God. (Kkdor's Oath — Sut Rate Paijcr\.) I do swear that 1 have resided in this city for one year or upwards now next preceding, unless temporarily absent, (or have carried on bu.siness ia this city for three yeais previous to this election, {an the. cascnviy be,) and that I am of tlie age of tweuty-ono years or upwards, and am a subject of our Lady the Queen ; that I have not before voted at this elec- tion or any other election which is at this time being held, for any other Ward ; that I am a member of the -, and that the, certiticato now produced, wns given to me by , nnd that I am the person nan)ed therein, and that the same is genuine. Whenever a voter shall be sworn, the poll cleik shall mark " sworn " opposite his name in the list of voters in his poll book.— (S. 45. c. 81. 18G4. 55. If any person shall knowingly swear fal.«ely as to any of the particulars of hia alleged c^ualifications as & voter, >\ MIHnoRiai II- Hi U\ I 1) i I" i U he shall be guilty of perjury, and on conviction, be disfran- chised as a citizen for life. — (S. 46, c. 81, 1804. .'>G. If any person at an election for the purpose of giv- ing a vote, shall knowingly or fraudulently ofter a forged or altered receipt of the City Collector or his deputy, or a forced or altered certificate of being engine or axeman, or such a receipt or certificate belonging to another person, as his own, or shall vote falsely umler the assumed name and character of any voter, he shall forfeit and pay to the city, not less than eii,'ht nor more than f nty dollars, to bo re- covered in the name of the City of Halifax at the police office, before the stipendiary magistrate or otlicer presiding, and in default of payment, shall be imprisoned for not less than one month nor more than six months; and in every such case shall be incapable of voting or holding office in the city for seven years next after the offence. — (S. 47, c. 81, 18GI. 57. The alderman presiding at every election shall, on or belbre the next day, make a return to the clerk of the city of the names of the persons having the majority of votes, and declared by him elected ; and when an election of mayor takes jilace, a return also of the names of the candi- dates, and of the number of votes given for each. The poll books and lists shall be delivered to the city clerk with the returns.— (S. 48, c. 81, 1864. 58. In an election of mayor, the council shall, in public, cause the returns to be read, the votes for each candidate sunmied up, and the person who has the greater number of votes in his favor, more than any other candidate, shall b3 declared to be the mayor, on the same day or the day fol- lowing the election. In case of an equality of votes for mayor, the mayor or alderman presiding in council, shall, by his casting, vote, decide which of the candidates shall be mayor.— (S. 49, c. 81, ISCA. 59. The result of every election respectively' of mayor and alderman, shall be published in the next Gazette after the election.— (S. 50. c. 81, 18GI. GO. The presiding officer at every election, shall have power to preserve peace, order and decency. All pet sons present are boimd to obey him in so doing ; and he may commit an)' one offending in this respect. The uffender shall be sent to the city prison for twenty-four hours, and shall also be guilty of a misdemeanor. — (S. 51, c. 81, 1864. NoTK.— Aft^ution is directed to Sees. 43 nnd 44, und it i? aggested to otult the open- ing of the poll where there is ouly one nointnatiott for alderman, mi(kln| it t)i« iam« iW in tlie case of one notnlnrU^nfor mayor. . . I in- iv- or ' a or as 1(1 y. e- ce SS y n /; 4 15 IV. — Vacancies, 61. If any extraordinary vacancy occur in the office ot mayor or alderman, on a day lixed by the mayor, or if it be a vacancy of mayor, by the presidiii;^ alderman, after at least four days notice, the voters shall elect a qualified person to fill the vacant office. — (S. o5, c. 81, 1S64. 62. The election for a vacancy shall be conducted in all respects in the same manner as ordinary elections under this law— (S. .■)6, c. SI, 1864. 63. All officers of the city who shall go outof office shall be capable of immediate re-election, if then qualified a'* re- quired by law : provided that no pcr.son shall fill the office, of mayor for more than three years, until at least one year alter the termination of his last occupancy, — 'S. 57, c. 81, 18G4. 64. Any alderman may resign office at the expiration of two years service, or at any time after two years service, upon giving one month's notice in writing to the mayor of his intention of so doing ; and the vacancy so occasione 1 shall be filled up as other vacancies now are. — (S. 59, c. 81, 1864. 65. Any alderman may resign office on payment of eighty dollars to the city, or by leave of the council, upon twelve of the members concurring in council in an o})en vote for that purpose. The resignation shall be in writing and signed.— (S. GO, c. 81, 18G4. 6G. Any mayor, alderman, or other otlicor, who shall obtain an oflice or position which would exempt him from serving in the city oflice ho holds, may resign his city office by written declaration, delivered to the clerk of the city office by written declaration, delivered to the clerk of the city, without being bound to pay any fine or penalty. — (S. 62, c, 81, 1864. 67. Absence of the mayor from the city for more than one month, and of an alderman for more than three months, shall vacate their offices ; unless in case of serious illness or special leave previously obtained from the council. — (S. 64, c. 81, 18G4. 68. All special vacancies of office from death, loss of qualification, exemption, bankruptcy, insolvency, compound- ing or absence, shall be declared by resolution of the council before proceeding to fill up the vacancy. — S. G5, c. 81, 1864. ',?* ■ w M w'i wr tfjCTgwww service, nay or of rasioned '9,0. 81, ment of i', upon an oj)en writing lio shall im from ty office 'he city : of the ty.-(S. re than nonths, ness or -(S. 64. loss of pound- council c. 81, \C ^ I 1 1 III! ! I., i I jii *-« I Id V. — Penalties for not Servino. 60. An alderman who sliall noglcct duty lor the <f the executive council, or of tbe lenrislative council, either in this or any other of Her Majesty's provinces, if such exemption be claimed within five days ttfttii notice of his election, shall be exempted from office. — [S 71,0.81, 1864. 74. Military , naval, or marine officers and soldiers, sailors or marines, in full pay ; offi,cer8 and employees of the De- partment of Railways ; the clerks in the public office» of the province or of the army, navy, or war departuients ; the operators and messengers *f the telegraph office ; the Po^t- uia.»iuai inability to discharge the duties thereof, uhIphh he sha!' establish the facts un wliiCii [id Tbuoo to OM uXoubvJu, i)^ Uli UlUUUVil 111 WCIlillg, to be sworn to lielore the mayor or an uMornian, and iloliv- ered to the city clerk or his assistant. — (8. 75, o 81, 181)4. 81. The city council shall prescriiie the duties of all officers of the city l)y Ine-laws, wherever the law haa mt expressly appointed and prescribed their functions. — (S. 76, c. 81,1864. 82. All officers of the city, shall give security, by Iwnds with good sureties or otherwise, as the council shall direct and approve, and it shall be the duty ol the council to demand sueh securities from every officer who collects or receives moneys for the city, or has the special custody of property or funds of the city.— (S. 77, c. 81, 1884. 83. 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. — (8.78, c. 81, 1864. 84. Every officer of the city, although appointed or elected for one year, or other term certain, shall continue in office aud be in every respect considered as such officer until removed either by an express vote of removal passed by the city council, or by the election or appointment of a successor, and until such successor shall be sworn into oilice and Lave "IBPii lIlilllM *• given bonds therefor to the satisfaction of the city council ; and the bonds of any city officer, though given lor one year only, shall be in force to juake 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 bis bonds are approved by the Council, and a oopy of this clause shall be endorsed on or attached to every such bond, — .'S 79, c. 81,1864. 85. The annual salary of the inayor shall be one thousand dollars ; of ihe recorder, one thousand two hundred dollars, in full of all services which he naay be required to render; the yearly salaries, compensatious, and allowances ot all other officers of the city shall be such as the council of the city may from time to time settle and appoint. — (S. 81, c. 81, 1864. 86. Whenever the city council think it necessary that any of the officers of the city shall be restricted from iicing en- gaged in business of any kind which they conceive incompat- ible with the efficient aiid sati«.actory perforuiauce of his duties of office, they shall have power, whotber by bye-laws u< l;.,oC!ut>OL), to impGi:iO Cuudliioiia lo pi u. cut tU€ eu^ugoitiOIit or connection of their officers with any business or occupation they think oltjectionable, and to annex fines, suspension of forfeiture of office to any disobedience therein. — (S. 82, c. 81, 1864. 87 Any person not duly qualified and appointed who shall assume the duty or presume to exercise the functions of any city office, (or of any office the appointment to which is vested in the city council or the mayor,) shall pay a fine not exceeding forty dollars, with costs, to be recovered in the City Cou.''t, before the Stipendiary Magistrate or officer presid- ium-, and on not paying the same, shall be committed to the city prison for a term not less than ten days nor more than ninety days. Any officer who having been lawfully dismissed shall continue to act as if in office shall he liable to the same fine to Ite recovered in like manner, and in default of payment to a like imprisonment — (S. 83, c. 81, 1864. 88. The city council may impose a fine, not exceeding twenty dollars, on any fire-ward, fire-constable, or any officer nomiuatod or elected Ijy the city council, npon whom no spe- cific fine is by law imposed, who shall neglect or refuse the duties of such office, or shall refuse to qualify ; and fines so imposed may l>e recovered in the City Court, without appeal, at the suit of the city. (S. 508, c. 81, 1SG4. 8i). The city council may impodo a fine not exceeding 2a twenty aoiiars, on any fire-ward or person appointed to- the board of health, or any other officer nominated er elected by the city council, upon whom no specific fine is by law imposed,- wno shall neglect or refuse the duties of such office, or shall retusc to qualify himself for the same agreeably to this Act, the rine to be recovered in the City Court before the Stipen- diary Magistrate or officer presiding; and if not paid, the pt.; ij liuod luay be imprisoned iu the city prison for not more th!>n tkrpp months ; provided always that no SHch officer shall be cu'.igeo to serve more than two years in succession, or shall be imbio lo any fines for not serving for a period of five years af*'^r ho he has sa served or paid such fine. — (S. 385, c. 81, NOTK— Section 73 of the orif^nal act containing the list of City officials to he annu- ally ;iii|H>ii>tC''i. Iiavlnj; been partially repealcii by ]>6mlnlon legislation, has been omitteU by the lievisors and tbe new section (75-) substituted.) VII. — Meetings op CiTY Council. 90. There shall be in every year four quarterly weetinirs of the council, held on such days as provided by liylnw. — (S-. 102, c. 81, 1864. '■^ ' Tn all meetings of the city council, a mnj'^ri::- "f she members present at such meetings shall determine all ques- tions and matters submitted or under consideration ; provided that tbe number at the said meetings be not less than tea besides the mayor or chairman. In case of absiuice of the mayor from the city, or his incapacity from sickness or other causes, or of a vacancy in that office, such one of the alder- men as the council may direct shall discharge all the duties of the office of mayor. The mayor if pn sent shall preside, and in case of his absence such alderman as the members assem- bled shall chooSe to be chairman during such absence; and i'l case of an equality of votes, the mayor or chaiiman presiding shall have a casting vote.— (S. 103, c. 81, 1864. S. 113, c. 81,1864- 92. It shall be lawful for the mayor to call a special meeting of the council when and as often as he may deem proper, giving at least one day's notice. In case the mayor should refuse after a requisition for that purpose, siuned by five or more members, the requisitionists may call the meeting giving at least two day's notice. The notice shall specify the business for which the proposed meeting is hold, and shall be signed by the members. In all cases of special meetings?, a bummons to attend the council specifying the business to be m < ii 21 transacted, and signed by the City Clerk or assistant, shall be left at the usual abode or place ot business of every member ol the council.— (S, 104, c. 81, 1864. 93. The minutes 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, shall be signed by the mayor or the alderman presiding at such meeting, and shall be open to the inspection of all persons qualified to vote at the election of mayor or alderman, on payment of a fee of twenty cents. The meeting sha'! be held in public— (S. 1U5, c. 81, 1864. VIII. — Powers and Dutiks of City Council. 1)4. The city council alone shall have all the jurisdiction, authority and power, which before the passage of an act entitled, " An Act to Iricorporatf^ the Town of Halifax," in the fourth year of her present Majesty's reign, Anno Do- mini 1841, could be legally ex jrcised within Town and pen- insula ot Halifax by the c )urt of sessions of the peace and grand jury for the County of Halifax, or by any special sessions ; and the city council shall also exclusively hold and exercise within the Cit_\ of Halifax, all powers, juris- diction and authority whatsiwer, that by any act ot the Province that may now or hereafter be in force, are or shall be conferred upon the M tinicipid Councils Under the County Incorporation Act at 1879 and amending acts with or without the grand juries, in other counties of the Province generally.— (8. 533, c. 81, 1804. 95. The city council shall appoint annually within the city all township and other officers, who were formerly nominated by the grand jury and appointed by the sessions, so long as the laws respcciive y, under which such officers acted, remain in force, or are substantially re-enacted ; the officers appointed shall exercise their functions within the city only.— (S. 534, c. 81, 18G4. 96. The city council may by bye-laws regulate the fees and compensation they are to receive, and may, if they see cause, omit or suspend the appointment of any of those officers.— (S. 535, c. 81, 1804. 97. It shall be lawful for the council to appoint from its members such and so many committees as they may see tit for the transaction of business and for the discharge of suclv duties (within the scope of their powers,) as may by the council be prescribed, but subject in all things to the appro- val, authority ar.d control of the council. — ('8. 106, c. 81, 1864. MMm ■MM VMM # 22 98. It shall be the duty of the mayor to cause all matters recommended by any ctjmmittee, and whereon their reports have been adopted and approved in city council, to be carried into full .fi'ect.— (S. 109, c. 81, 18G4. 9!). The city council at any meeting, when at least ten membei-8 besides the mayor or chairman shall be present, may from time to time make, alter, amend or repeal and by-laws or ordinance, for the good rule, peace, goverraent and welfare of the city ; and for carrying into effect more fully all powers, functions and offices vested in the mayor, council and corporation by law. — (S. 107, c. 81, l^s64. 100. Fines not exceeding eighty dollars for one off -nee, and punishment in the jail or city prison for a term not exceeding ninety days, w&y be annexed to the breach of any bye-law passed in accordance with this Chaptt-r, or of any bye-law authorizeil by any present or tu ure law of this province ; and all actions or prosecutions in whiih the city or any of its depaitments is or are concerned, shall be com- menced in the name of the city. — (S. 108, c. 81, 1864'. 101. No by-laws of the city, whether passed under the authority given in thiri Ch ipter or that of any pther laws of the province, shall take effect until approve I and confirmed by the governor in council. — (S. llO, c. 81, 1864-. 102. A copy of every by-law shall be transmitted with all convenient speed to the governor ; and it shall bo lawful for the governor in council!, within thirty days after ihe receipt of it, to disallow it; and such disallowance shall without delay be signified to the mayor, No by-law shall have any force or effect until it be so transmitted and ap- proved, or until thirty days without disapproval, which shall amount to an approval and confirmation. — (S. Ill, c. 81, 1864. 103. All by-laws of the city which have been passed by the city council and approved b}' tlie Governor in Counoil, shall remain valid and lie in force until replaced by others on the same subject, so far as they are not inconsistant with this Act or any other express law in force within this province— (S. 549, c. 81, 1864. 104. A record book shall be kept by the City Clerk, in which shall be entered a correct copy, either printed or in writing, of all the by-laws and ordinances of the city of Halifax now in force and those hereafter to be passed, as soon as the same shall be approved and confirmed by the (Jovernor in Council, which copy shall be certified in said book by the Mayor of the city, under his hand. Such record book, certified as aforesaid, or a copy theieof or of any ordinance or uidinaiices therein contained, certified under 23 I II the hand of the Mayor and the seal of the aaid city, shall be evidence in all courts in the Province of said ordinances respectively, and that the same were duly passed by the City Council and confirmed by the Governor in Council, as retiuired by law.— (S. 1, c. 22, 1880. 105. All the by-laws and ordinances of the city of Hali- fax, approved by the Governor in Council previous to the passiiifj of this Act, are hereby ratified and confirmed. — (S. 2, c. 22, 1880. 100. The city council may, by a resolution passed by a majority of two-thirds of the council at any meeting, expel any member 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 b;;on given to the council and party accused.— (S. 23, c. 81, 1861.. 107. Tile Mayor and Aldermen while in office, shall be Justices of the Peace in and for the City of Halifax, and each of them, after taking the oath of justice of the peace, which the clerk of the city shall administer, shall have as full power and authority as if commissioned. — (S. 532, c. 81, 1864. 108. Nothing herein contained shall repeal or vacate the juri.stliction of the. Municipal Council for the County of Halifax or of the grand jury in matters of a criminal nature, or le.^^sen theii- authority in other matters, regarding other parts of the County of Halifax, and not affecting the City of Halifax and its inhabitants. — (S. 537, c. 81, 1864. 109. The members of the city council and all city officers appointed by the council, shall be exempt from serving on any jury within the city. — (S. 551, c. 81, 1864. i V 26 TITLE III. LAW, POLICE AND PUNISHMENTS. I. — IIecordeu. ll'J. The Recorder shall bo a barrister of the Supreme Court of Nuva Scotia, of at least five years standing; and before entering upon office shall be approved of by the governor and sworn l)efore the governor or chief justice, or any judge of the Supreme Court, to the faithful discharge of bis duties.— (S. 101, c. Si, 18(54. 111. The Recorder skull afford legal advice and assistance to tlie mayor and council of the citv in the performance of their respective of!ices, and when requisite, in the business of the police court; skull attend all inoetings of the city council when required, and skalf take charge and management of all legal business connected with the affairs of the city, sfiall draft or revise all legal documents requited by the city, and shall act as counsel and attorney for the city in any suits in the provincial courts to which the corporation is a party.—- (S. lUI, e 81, 18G4. II. SriPENDIAHY MaGISTUATE- 112. T/ie Sli'pfndinry Magistrate f annum, in full of all services, to be paid out of the funds of the City of Halifax; which salary the city council shall include in the general ussessment of ihe citv. — (S. 6, c. 82, 1867. 115. During the illness or temporary absence of the Sti- pendiary Magistrate he may appoint a deputy to act for him. and such deputy shall have and exercise all the powers and functions of his principal during such illness or temporary .:fe*. absence. It shall be necessary for the Stipendiary Ma^istCdtd before thus temporarily dele<^ating his Judicial duties to other parties, to place before the Lieutenant (lovornor, for his con- currence, the names of any three properly qualified persons to perform such duties; and no person shall be permitted to act who has not received the approval of the Lieutenant (rovernor in Council.— (S. 2, c. 26, 18G9. 116. The Stipendiary Magistrate, shall sit every day (Sunday and holidays excepted) for such time as may be re-* quisito, and shall perform u!! the duties and functions which are required in the administration of the police (^ourt within the City of Halifax; and shall conduct the business of the City (yourt, executing all the duties of that court, and the city clerk, or tho assistant city clerk shall act as clerk of the police and city courts.— (S. 2, c. 37, 1870. 117. The Stipendiary Maeistrate shall perform every act pertainin<; to the office of justice of the peace, necessary for the apprehension, conviction, committal and punishment of criminal ofleuders within the city limits, and tor carrying into effect the laws, ordinances and bye-laws of the city; and shall have power over all offences set forth in this Act of relating to the trial of offenders, in a summary way, at the police court. — (S. 3, c. 37, 1870. i HI.— CiTT Cr/iL CotinT. 1 1 8. The Cit \ 'ourt shall have cognizance, power, and jurisdiction to try and determine in a summary way without a jury, all civil actions on contracts, in which the whole cause of action or dealing shall have arisen within the City of Hali- fax, in which the cause of action does not exceed eighty dollars, and for all balances not exceeding eighty dollars upon ac- counts stated and settled previous to suit ; and all such civil contracts, where the amount originally due has been reduced to eighty dollars or leas, by payments of cash ; and when the defendant shall prove an offset of greater amount than the plaintiff has proved, may give judgment in favor of the defendant for the balance due him. — (S. 115, c. 81, 1864. 119. Suits for debts or dealings, when the whole amount claimed is less than eighty dollars, and either plaintiff or de- fendant does not reside within the City of Halifax, may be sued, defended or tried in any court having jurisdiction. — (S. l,c. 47, 1866. 120. In like manner the said court may decide cases of seamen's wages, where the sum claimed does not exceed '^ -M 2? eighty dollars to any one master, mate or i^eamaD, provided the voyage for which the wages are claimed began or ended at the port of Halifax, or in case of any other kind of voyage the owner of the ship, master or other party made defendant therein is a resident of the City of Halifax ; and in any such suit two or more plaintiffs may join, it their claims of wages arose on the same voyage in the same vessel. — (S. 122, c. 81 1864. 121. In case of process or proceedings occurring by mis> take or inadvertency, in any case where the city court has not jurisdiction, the members and officers shall not be lisble to any damages^— (S. 126, c. 81, 1864. 122. The City Court shall in civil causes, use as its pro- cess, writs of summons, capias, execution and subpoena, i:)sued by the clerk, under a stamp or seal, which the said court is hereby authorized to make and use, and in such forms us have bpen used or shall be established by the City Court, and directed to the city marohal. — (S. 128, c. 81, 1864. 123. All suits brought in the City Court, in which the Stipendiary Magistrate is disqualitied from any cause from acting as judge, shall be tried before the Recorder of tiie City of Halifax or any one qualijied to act as deputy Stipendiary Magistrate who, lor that purpose, is hereby clothed with all the powers and jurisdiction of the Stipen- diary Maifistrate when acting in the capacity of Judge of the City Court.— (S. 1, c. 25, 1869. 124. The City Court shall try every cause that is con- te.stehe defendant), do anpear in the City Court, at Halifax, on the Wednesday of , to answer to the suit of G. H. (the plaintiff,) and 'in case judu- ment shall be obtained awain.^t the .said A. B, if he shall satisfy such judgment, or shall render himself or Ixj rendered by the said C. D. and E. G., or one of tb^m into the custody of the City Marshal of the City of Halifa.x, then the said obligation .shall l>e void, but otherwi.se shall remain in full force and virtue." — (8. ."), o 8, 1873. 131. Affidavits to he read in the Oity Court may be sworn be ■ fore the Stipendiary Magislraln, ike Ciiy iJlerk or arty Coininissloi.er of the Supreme Court for the Counly of Halifax. 132. The following fees may be taxed by the Stipt ndiary Magistrate or other officer preMdin^r ni the City Civil Court in civil causes that is to .say ; attorney's fees i/» all coiitesteii suits where the cause of action is more than ten dollars, the same as are taxable in siunmary causes in the Count ij Court. In undefended suits where the cause of action is over twenty dollars, the att')rney of the plaintiff, where the plaiiitih' appears by attorney and obtains judgujent, may be allowed two dollars and thirty-five cents", to bo taxed "by such Sti- pendiary Magistrate or other presidinjj officer.- (S. 2 c. ^ j:j- X ;; 29 X 133. The Stipendiary Magistrate may also allow and tax a counsel fee not to exceed four dollars in any contested suit, where the cause of action is more than ten dollars and less than forty, and a counsel fee not to exceed six dollars iu any contested suit where the cause of action is forty dollars or upwards.— (S. -2, e. S, 1873. i:)+. N othv'ithstandivi] the two prece4. 138. In case of an appeal, the appellant, or in his ab- sence, his agtmt, before the appeal shall be allowed, shall make an affidavit in writing, that he is dissatisfied with the Judgment, and feels aggrieved thereby, and that such appeal is not prosecuted solely for the purpose of delay, and shall file the same with the city clerk on the last day of the term in which the cause is tried ; and the ]»arty so aj)pi'Mlii)g. (jr in his absence, his agent, shall within two davs thereafter enter into a bond with two securities, in a penalty double the auiount of the judgment, with a conditinn that the ap- pellant shall enter and pro.secute his appeal in the Cinuity (\)urt, and .shall perform the judgment of the.saiil court,and shall pay the airiount of the judgraont and all costs of the Count" Court, or shall before the first day of the term of such court, pa}' the amount of the juugment, together with all costs thereon suVtsequently .-iccruing, which appeal bond Hhall be prepared by the city clerk. ! •^ I # 30 AFFIDAVIT TO BE MADE BY THE PARTY APPEALIKa. In the City Court. •\ A. B., Plaintiff, Between J- and ) C. D., Defendant A. B., {the party making the appeal) of in the County of the above named (plaintitt' or defendant, as the case may be,) (or if the party for whom the appeal is made be absent, say "agent for the above named {)laintiff " or defendant, as the case may be,) maketh oath and saith that he in really dissatisfied with, and feels aggrieved by, the judgment given in this cause, and that he does not appeal therefrom, solely for the purpose of delay, but that justice may be done therein. Sworn at the day of ) 18 , before me, ) J. K. To be signed by the party appealing, or, in his absence, the agent. Bond to be given on Appeal being made. Know all men by these presents, that we, A. B., C, D., and E. F., (name of the appellant, if he be prexetit, or, if absent, of the agent and the sureties, with their places of residence) are held and Hrmly bound to G. H., (the party against whom, the appeal is allowed) in the sum of {doable the amount of the jadgnient, debt and costs,) to be paid to the said G. H., his certain attorney, executors, administrators or assigns, for which payment we bind ourselves, and every of us by himself, our and every of our heirs, executors and administrators, firmly by the.se presents, sealed with our s*^als and dated the day of 188 . Whereas, a certain cause between the above bounden A, B., (if the party appallant be the principtd in the bond, or if he be absent then say between naming the appel^ lent,) and the al)ove named G. H., in which the said (name the appeUent) was (plaintiff or defendant, as the case may be) was tried b"f >re the City Court on the -- day of — ■ and judgment was given in favor of the said G. H., for the sum of , debt and costs, and an appeal therein hath been demanded on behalf of the said (name the party appeal- ing.) - wa w i w aM -wKwai SI Now, the condition of the above obligation is such that if the said {name tfie appellant,) at the next sitting or term of the County Court for the County of Halifax, shall duly enter and prosecute his said appeal, and shall proceed there- in to final judgment, and shall abide by and tulfil the judg- ment of the said court, to be given in such appeal, and pay the amount of the said judgment and all costs, or shall, previous to the first day of the sitting of such court, pay the full amount of judgment in such cause, together with all costs subsequently accruing theron, then the above obli- gation to be void. Signed, sealed and delivered ) A. B. (seal) in presence of j C. D. (seal) E. F. (seal) — (S. 129, c. 81, 18G4. 1.S9. When any person has been heretofore, or hereafter shall be committed to gaol under any writ of execution or mesne process issued from the City Court, the court, the Stipendiaiy Magistrate, or two commissioners of the Su~ preme Court for the County of Halifax, shall and may extend to such person tlie benefit of any law that may be in force for relieving insolvent debtors from imprisonment, — (S. 121, c 81, 1864. 140. The toUoirivg Court fees shall be taxed and alloW' ed in the City Court, via. : Fees due to the City, to be received hy City Clerk, and paid over to the Treasurer of City. On Summons. - . ... 40 cents. On Cttpias and Affidavit. - - * - 70 cents. On trial and judgment. - - >- 1 dollar. Recognizance or Replevin Bond. - - 40 cents. Subpoena. - - - - • IC cents. Execution. -.-... 20 cents. Serving summons, execution or capias, in' eluding travel. - - - - 35 cents. On a discharge from arrest with or without bond. ... w - 40 cents. On all moneys collected and paid over to tJiP. Cit;/ Mar^ shal under execution, five per cent — (S. 18, c. 87, 18G5. NOTK.— It is MiRg^'stpd llmt tli? jurisfliction to trv and dotrrniini' oiiMes oftorfs. «nd t'orciMc ciitrv ami (IctaiiiiT, aholisli'd l)v the Couiitv Court Ait. Seo. M, o, 2, 188(1, 5tlioiild Ijj ri'v«!»tcd in t'K' City (:mirt;— Sees. U>. i;i7 and U.O. clia|)tfr81 of the Acts of 18(VJ; and si'cs. (1. 8, 11 and 13, Chuii. 87 of the Acts of 1805 relating to the Cltv Criminal Court liave l«'cn omitted hy tlw Kevlsors a.f inapi)llcMble. as there is bo City Oriraiual Court iu exlstfnoe. 32 IV. — Provisions Respeotino the Police Couht, 141. The Stipendiary Majjiatrate shall, in a HMinmary manner, hear and determine in the Police Oourt, all larceniew where the value ot the gotnls taken shall not exceed tuity dollars, receiving of stolen goods, assaults, batteries, riots, petty trespasses, all breaches ot the peace committed within the city, and riots or disturbances at city elections, and punish the otrenders, upon conviction, by imprisonment in the gaol or cit}' pilson, not exceeding ninety days, or by tine, not exceeding, in an}' case, the sum of forty dollars and costs of ])rosecuti()n ; and in case of non-j>ayment ot the fine and costs, commit the offender to the gaol or city [>rison for any time not exceeding ninety days. Otiences sliall bo prosecuted in every case within two months after commis- xion, — (S. 5, c. H7, 1HG5. 142 All persons violating the Sabbath by carrying on any game, play, or pastime, to the annoyance of their neighbors or the public, commcm beggais, fortune tellers, gnmblers, habitual drunkards, persims breaking windows or damaging the ])roperty ot others wilfidly and miscldevously, lewd persons, vagabonds, runaways, stubborn and refractory appnmtices, and all persons who may have been found drunk or disorderly in the streets, and all persotis iiidx'cilo in mind, or incapable of taking care of themselvc'^, may be sent to the city prison by the Stipendiary Magistrate for a period not to exceed ten days, for the first otienee, atid may on any substMpient conviction be imprisoned by the same authority lor a period not exceeding ninety days ; and in case of imbecile persons or vagalionds, for a period not over one yt;ar ; and the Stipendiary Magistrate may in lieu of imprisonment, impose a fine not exceeding twenty dollars in any such cases.— (S. 1.S4, c. SI, 1)SG4. 143. The city constables shall arrest such persons and bring them before the Stipendiary Magistrate. l\' the arresl occurs after three o'clock in the afternoon, or u[)on Sunday or holiday, the pri-soners may be kept in the luck- up house until the hour of eleven in the forenoon of the subseipiont day.— [S. 13.'), c. 81, isGi. 144. The Stipendiary Magistrate, on being satisfied by inspection, confession or proof, that the persons so anesteJ ^ ought, whether for their own benefit, or that of others, not to be at larje, may sentence them re.spectively to such im- ]trisonmtnt in the city prison, with or without hard labor. — [S. 13G, c. HI, 18G4. 145. Nothing herein contained shall prevent the Sti- pendiary Magistrate from committing persons charged with f I i 1 1 3:1 offences for trial in the Supreme Court, or binding them unilor recognizance with surt^ties, to ap[)ear and answer in th(! Supreme Court.--(S. i:]H, c. 81, 1804. 140. In no-mne where the Stipendiary Magistrate shall Nentenco any party to punishment hy fine or l»y imprison- ment, or by both line and imprisonment, shall any appeal be allowed i'mm such sentence, except by writ of certiorari kabe,(iH cnriniH cum caund. — (S. 140, c. 81, l«(i4. 147. Jn (tiiy cdse where the stipendiary Mar/isfrate in the ditily Police Court thinkH fit, fie mnif impose ike alterna- tive of a Jive or Iniprisomcnt . — (S, 131), c. 81 1,S(»4. 148. All persons shall be bound on request to obey the Mayor, Stipendiary Magistrate or any alderman, and to assist the policemen and constaljles in any n »9 '^^' ''^^immmm^^ n .?() "VI. — Certain Petty Offevces. 1()0. If any person ahall, by riotous or disorderly conduct 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 lor any religious, moral, social, or benevolent purposes, ho shall f.)r every otience forfeit a sum not less than two dol- lars, nor more than eiyht dollars ; if anj' 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 annoyance of citizens, he shall forfeit and pay a ])enalty of not less than eight dollars, nor more than forty dollars, or in the event of non-])aymc'nt shall be imprisoned for not less than ten days nor more than ninety days. — (S. 223, c. 81, 1804. 1(51. If any person shall unnecessarily discharge any tire arms within the City of Halifax, or within one hun- dred yards of any person riding or driving, he shall forfeit not less than two dollars nor more than eight dollars, on summary conviction before the Stipendiary Magistrate, at the police office, and in default of payment shall be impris- oned not less than twent^'-f'our dollars nor more than ten days.— (S. 231, c. Si, LSf)4. 102. If any persre than twenty dol- lars, and in case of non-payment bo imprisoned nut more than ninety days.— (IS. 224,"c. 81, 1804. 104. If any pcrsou shall by discharging fire-arms or by riotou.'- conduct in any street or highw'ay, wantmly or maliciously disturb the peace and cpiiet of the innates of any dwelling house near such street or highway, he shall cr for every offence forfeit a sura not less than two dollars nor more than eight dollars.— (S. 225, c 81. 1804. J6j. Any person offending against tlie provisions of this Act reldt'uig to petty offences, umy be arrested on view of any peace officer present at the coramission of the offence, or by any person thereto verbally authorized by the Stipen- diary Magistrate or any justice of the peace present thereat ; and such offender shall thereupon be committed to the county jail until he shall find security, to the satisfaction of the Stipeniliary Magistrate for his good behavior, and to pay any fine or penalty that may be imposed upon him on any prosecution for such offence. — (S. 220, c. 81, 1804. 100. Any person who shall keep a CDinmon gambling house or disoiderly house, shop, room or place may be sum- marily tried and convicted before the police court, and ou conviction shall be punished by a fine not to exceed forty dollars, or by imprisonment in the city prison, with or with- out hard labor, not less than ninety days nor more than one year, or be both fined and imprisoned as the court may direct.— S. 227, c. 81, 1804. 107. The Mayor, Stipendiary Magistrate, or any alder- man may at any time of the night or day enter any house, hhou, room or place suspected of being a gambling house, or bawdy house, shop, ro(mi or place ; and it shall be their duty upon reasonable suspicion, or on evidence tendered them uruler oath, so to do. — (S. 228, c. 81, 1804. 108. Any person profanely cursing or swearing in the lieariiig of the Mayor, Stipendiary Magistrate or aldormati, or any peace officers, who shall be convicteii thereof, shall forfeit not less than one dollar, nor more than eight dollars, tor the first offence, and for a second offmoe 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. — (S. 229, c. 81, 1804. 109. Whoever shall undertake or set up, or shall by writing or printing, publish the undertaking or setting up of any lottery or raffie for money or goods, with intent to fiave such lottery or raffie, drawn or thrown, or tn niduce peisons to purchase tickets, or to give money or valuables for any such lottery or raffle, or shall {'lay, throw or draw at such lottery or laffie, or shall purchase any lot or ticket for any such lottery, or shall take part in any such raffle shall forfeit a sum not excaeding fort}"^ dollars, and in (k-- lauit of payment shall be committed to the city prison fur a period not e.Kceeding ninety days. — (S. 230, c. 81, 1964. 17*). The City Council shall have power by b^e-laws to restrain all persons Irom driving or riding in a disorderly, «J a 38 careless, improper or too rapid manner. — (S. 2.')9, c. 81, 18G^. 171. Prosecutions umler the preceding sections of this Act must be commenced within eight days after the otfcnce committed— (S. 238. c 81, 18(54. 172. The city council .shull have power by their 1»ye- hiws to regiihttc the keejjing of dogs within the city ; and, if they (h'(!ni it expedient, to impose a tax, not to exceed ons dollar per ivnimni for each dog; and to direvt the destruction of any dog illegally kept. — (S. 507, c. 81, 18()4. VII. OnSCKNK LrrEUATtHR. 173. No j)cr., c. 8, 187;{. 174. All books, periodicals, new,spapers, photographs, prints or pictures, of indecent or obscene character or tendency, shall be forfeited to the city, iind shall l)e seized and destroyed wherever found, by the mayor, stipendiary magistrate, any alderman, justice of the jieace, oflicer (U* menilier of the p(/Iice force, or any other oHicer of the city, or any person appoint (>d for the purpose by or on behalf of the council. — (.'^. <>, c. 8, 187.T. 17."). If any ihmvou who shall sell or expose for sale, or keej) in any sho)) or place, any such book, ])eriodical, or newspajjcr, photograph, print, or picture of indet-ent or obscene chaiacler or tendency, shall, upon conviction in the j)olice court, forfeit and pay for each oH'cnce not less than tive nor more than fifty dollars, or in defanlt of payment of such i)cnalty shall l)e impri.soned one day for each dollar of the same : such iiupiisonnicnt to be in the county jail orcity pri.son at the di.scn^tionof the sti}>endiarv magi.'^trate or other ollicer presiding in the police court. — 1,8." i>, c 8, LS7H. 17(). The city council shall have power by resolution from time to time to declare by name, what Ixxoks. periodi- cals, or newspapers, shall l)e regarded as indecent or obscene in cliaracter under this Act ; and any such resolution shall have, until disallowed by the governor in • •ouncil. the force of law. — (i>. 10. c. 8, 187.'i. o 30 Vlll. — Vakiols Pkovisionh ah to Lkoal I'UOrKKDINCS. 177, All tines. pi'nultit'H and forfelhirca imposed by iluH Act ()t'u|)\viinl>i (ft t'i<;lity dolliu-s, uiul for the recovery wlu'icof lut provision is iniired by i.etion of del>t in tiie iSxipreuie Coni-t, in the niune of the City of Halifax. — S. 542, c. «l, 18(54. 178. All tines, penalties and fofffUnirs, aniountin;; respectively to eighty dollars or below that sum, imposed by this Act, or by any bye-law or ordinance of the city <'Ouncil, for the recovery whereof no provision is otiier- wisc made, shall be; used for and recovered in tlu! City of Halifax, before the city court, in the same manni-r as any i'f''ti>ii''- shall be ])rescribed, the same when received shall l)c paid over t(» the city triuisurer towards the tunds of the city. — (IS. ;U;i, c. 81, 18()4; S. r)U4, c. 81, 18<)4. 17J). In every such suit, whether iu the Suprem*! Court or in the City Court, the detcmdant shall be t-nlilled to the benctit of the acts of this Trovinc*', fr<»m time to time in force for relief of insolvent del)tors: j)rovided also, however, that when in and by this title any period of imprisonment is pi'e,si.\ inoMtlis next after the act connnittc-d lor wlii<'h the action shall l)e brought: and c^very such action shall In- laid and tried within tile City of Halifax.— (S. 27(1. c. 81, I8t)4. 182. In any suit in the Supreme Court, in which tlie City of Halifax is plaintill" or defendant, tin; venue and trial shall be in the city; unless the coiut shall the cause ri'i-civcd or iillowa))U> as ai> oltjcc- tion to the romprtciu-y ot'iiny wiliu'ss, that lu' is a citi/cn or ollicci" ofthc said city or corporation, l>ut such oltjcctiou .-hall p> to the credit only ; nor shall any such objection l)c allowed in any such case as aforesaid a<;ainst any such persons as jurors therein. — (S. ;'»4H, c. Hi, l.S(>4. 1M4. Where tonus are i)rescril>ed, slijrht alterations ther(>i'roni, not aH'cctin"; the substance or calculated to mislead, shall not vitiate then». — (S. .')ll'), c. M, \Mi. IH"), It' the pay upon which an act i» to be do\w shall fall on a Sunday. Christmas l)ay or (iood Friday, the si.iue shall l»e perlbruu-d on the day t\>lk»wiuntrol and management of the police force of the city ; and may deleirate so nuu-h ot their powers in that behalf as they shall deem proper to any conuuitlee of their body or any ollicer or other person now appointed or hereafter to be appointed. — (S. I, c. .H5, 1872. 187. The City Marslisil shall l)e the hi<;h constable of the city, and sludl have under his authority and control the deputy city marshals, the ser<;t'auts of poliee, and all the police force of the City of Halifax, the deputy marshals, the serjjreauts of police, and all the policd the City Court, iind at all times to he iit the eonunand of the Mayor and Stipendiary Magistrate, — tind on all oeeasiiujs to aid in the preservation of the peace of the city, ;uid the ohser- vanre of all laws in force therein ; snd he shall serve, or cause to l»e served, all writs, process, warrants, or orders issuing out of the City Court or the police court. — (.S. 153, V. «1.' lH(i4. ll'n. The City Marshal shall, before he enters upon the duties of his office, he sworn hefore the mayor, and also >hiill give i)onds, in tlm sum of not less tlian two thousand dollars, and in sudi fonn as shall l>e directed l)y the city council, with twosuilicient sureties to he a))proved hy the council, for the faithful di>cliarge of the thiti«'s of the otHce, to he reneWvd when reijui-ed. — (S. ir>4, c. 81, iHtU. 191 . No jwrson or persons shall he chosen or appointed or continued liy the city couiicil to the ol!ic(> and of police (•oiistal)le or constal»les, for the City ot" Halifax, who shall he over the age of sixty years. — (S. If)?, c. 81, IsiM. VM. The }}olive loixe of the (Jitij of Ihdif'ix k/ki/I be hiaperte'l by the Mayor on the first Moiidai/ ifeavh month, 4111(1 (it (nil/ nf/ifr tune the Mm/or shall see ft to orihr, at such hour a.'< shall hs opjfolntetl : and any policeinan irho shall iieiflecf to appears in nnifonn, or irho sliall a/ipear nei/lii/ently dressed shall for Ihefrst i>Jf)Hv.e be subject to a fine not to ex^'eed tiro dollars to b>' then inifioscd by the Mayit}\ and for the sfnmd offence to a lllxc fine on saspt-n- sioii from offic' or botli in thf discretion of' the Mayor. — (S i:)X, e, SI, lS(i4. ll'.'). It shall i»e lawful for the Mayor of the I'ity of Ihdil'ax, whenever he -ihall deem it expedient for the pieservation of the public pence, to appoint, with the concurrence of any t\v aUh-tinen, such niunlu'r of spcia! constaldes as he shall fe rit : and suppointment shall l)e made in writing undei- the hands of tl e niayor and aldermen coneiirring t!i<'rein. No ju.-tice of tli'- peace or member of tli«' Legislature, and no person in tlu' Uiilitary or naval service, or over the age of sixty yt'^''^^. J^hsdl l)e compelled to serv«' as > iich speeial Cdu.-stables. — (S. 1, c. .)(». I'StKi. 1!>4. The sp«'cial constables ho appointed ,-hall be sw(»rn to the taithfid nt, such time not to exceed one month ; and, in defarli of any time being specitied, for fourteen days from the date of Huch appointtncnt, unless sooner revoked by the mayor. — (S. a, c. oO, ]«()♦). li)G. . Whenever s{)ecial constables shall be appointed within the city, it shall be lawful for the mayor and t\ve ap|)ointed, to continue them in office, I)y an order to be les, as hereinbefore provided, they shall not be required to I »e re-sworn, — (S. 8, c. 50, li'<(I(). 201. The j.ower of sj)ecial constables shall be ; First, — In case of an actual breach of the peace occur- ring in their presence, to interfere to preserve order, and if necessarj', to arrest wrong-doers awu then take them to the station house. Second,— If any persons are found by them in the act ■■"'■ ■W i iMm 43 of injurin<^ or destroying any trees planted in the streets^ squares, on the parade, connnon, or in any j)ul)!ic or open place, or in front of any house or building, which have been growing or placed there for ornaiuent, or shade oi- iiny other purpose, to arrest such trepassers if they arc unknown persons, and detain them in cu-stody a reasonable time in the station house or elsewhere, in order to ascer- tain their names and residences : and if the i)arties caught so trespassing are known persons, to report the fact to the police at once, without such arrest. Tliird, — It any persons are discovered defacing or in- juring the exterior of any house, building or fence, or the shutters, or other appendages thereof, or in writing any obscene language or profane words, on any wall, fence or building, the special constables shall exercise the same power as herein given in case of injury to trees. Fourth, — The special constables slia!) have power on t' '• re(|uest of the nniyor, .stipendiary magistrate, any al men, or the city marshal, to serve any sunmions execute any warrant emanating from the police cour., ity court or otherwise, which a city constable has authority to do. Fifth, — The special constables shall also be empowered to assist the police authorities in any of their duties. Sixth, — In case of larceny or alleged laix-eny, the special constables shall have power to act in prevention and otherwise; and in case ot violent removvl of goods, or violence as to proi)orty in houses, or the possession thereof, to assist in keeping the peace. Seventh, — At all churches, meeting houses, exhibitions, theatres and public meetings, the .special constables shall act in i)reserving the peace, and keeping the entrance and streets clear of disturl)ance. — (S. 172. c !Sl, 18(14. 202. In case of disoixler or disturUuice which may occur at any public nieeting or assemblage of pei^sons, the mayor or any alderman, up(m the recjuest of the chairman • of such meeting, or three or more freelioldei"s, n.ay ver- bally appoint aiul swear in s|KH'ial i-onstables who shall aid in restoring and preserving order and peace at such meeting or assemblage. — (S. 1(54, c. 81, 18(54. 203. The City (Jouncil s/iall makr hye'lawH or onli- naitces for the protection of the property and in/uiftitants of the city by day and nif/hf, and/or ref/ulatin;/ the dntie.-H. The earnings of the prisoners shall belong to the city, in order to assist in defraying the expensi's of the city prison. — (S. iV.W), c. H1,1S(;4, 201). The eity courts and otlicers may under such ic- gulations as the City Council may make on the suliject, couunit any p,'isoners to the city prison who may Ix'conu* liable to be sent to gaol mider the present laws and ordin- ances.— (S. 8, c, 4fi, 18.->4, 210, The City Council shall appropriate such |)oilion of the city prisoii building at liockhead Farm to the use of such juvenile otb'uders, to be called the ('il;/ fluvenile Reformatory, as they may deem suihcieiit, due care being taken to isolate the said juvenile otl'enders entirely from the adult j)risoners, both within the prison and at any out- door work whiih tiiey may be employed at ; and tlu' City Council shall nuike such regulations. In resolution duly ])assed, for the employment, refonnation, and instruction of such juvenile ollenders, in som<- usefid trade or calling. as they may from time deem |)roper. 1«<)4. U)l, 81, i / H 45 TITLE IV. it FINANCE. I. — City Treasurkr. 211. The City Treasurer shall receive and be responsible for (dl the mone»js of the t'itif 'paid over to him and shall receive an annual salary of Ji/leen hundred dollars.-— (S. 12, c. H, 1873. 212. The City Treasurer hefore actinj^ as such, shall he sworn befoie the mayor to the faithful peiforinance of the duties of his oftice, and shall execute annually and each and every year, a bond to the city with two sureties in the sain of eiifht thousand dollars, conditioned for the faithful performance of his official duties, in such form as the City Council may direct or any bye-laws retiuire ; and the said bond shall annually on the lirst day of May, be left with the city clerk to be submitted to the City Council for aj)])roval. — (S. S7, c. >S1, 18G4. 2I.S. Whenever it ajipears requisite to the council, they may require a new bond or additional sureties from the treasurer. On his non-coiujtliance for ten days, they may vacate his office and elect another treasurer. — (8. 88, c. 81, 18(54. 214. In every case the treasurer and his sureties shall remain responsible to the city for his acts and omissions, and his official character sh
. The City Council are hereby authorized to direct to be appointed one additional clerk to act in tlie office of the City Treasurer, and to vote and pay to such clerk when ap])ointt^d such ai'.nual .salary, as such council may deem just and proper, out of the revenues of the citv. — (^S. 86, c. 81, 1804. 21(!. The treasurer shall on request give a written receipt to any person paying him money. — (S. 3, c. 34, 1874. 217. The City Treasurer shall not pay out any moneys of the city without a written order for every payuient >igne0, c. 81, 1864. 222. After the accounts -shall have been exammed and auditeil in every year, the t?easurer shall make out in writing and cause to be printed, a full abstract of hi^» accuuuts lor the year, and a copy shall lie open to the inspection of all rate payers, and copies thereof or extracts, shall be delivered to all rate payers applying, on i)ayrnent of a reasonable price for each (!opv or extract to be fixed bv the mayor.— (S. 92, c. 81, 18G-1. 22:'. The City Treasiner shall he entitled to demand and receive for the use of the city, of and from every person- IMAGE EVALUATION TEST TARGET (MT-3) V V. i^ if/, I/. w- C^ ^ 1.0 I.I 1.25 ^iillllM 1115 ..-: PM ||||Z2 I 4,0 2.0 1.8 1.4 III! 1.6 vQ <^ rf '&A ^3 «rs v^ .•»., >> /. (? / /A Photographic Sciences Corporation i^,*. ^..V 23 WEST MAIN STREET WEBSTER, NY, 14580 (716) 872-4503 ^A w- fe ^ 47 veqtiiring from him a duplicate receipt for sums of money paid into tlio treasury, a fee of ten cents for the same. — (S. 9;3, c. 81, LS64. II.— City Collector. 224-. The City Council shall elect a city collector of rattis and taxps, whosB duty it shall he to collect all rates and taxo^ now due, or hereafter to become due, to the City of Halifax, and said city collector shall appoint a sufficient number of sub colhjctors or bailiffs (not less than four), ior whose fidelity and acts he shall bo responsible to the City of Halifax.-(.S. 50, C. 'IS, 1883. ii2ft. There shall be pay;.' ' '''t of tlie city funds to tho <;ity collector of rates and taxc,» '< !. h nounts for salary and allowances tor sub-c«llect(»rs or bauih , not exceeding four thousand dollais, as the City Council may appoint — (S. 52, c. 28, I88:i. 22(), Tl.a city collector, before enterinj^ on his duties shall tile with the city cleik, the bond or bonds of some j^ood gunrantce company or companies, in such sum or sums as the City Council by resolution shall direct, for the faith- ful performance af his duties. He shall be personally responsible for the collection of such rates and ta.vjs, unless •excused by the City Council for the non-collection of such rates and taxts as he shall to them make it satisfactoiily a]v ,piar are uncolh'Ctable, and the whole of said rates and taxes for each and every year shall be colhicted oi accounted for by him within the year for which they are assessed, — (S. oS, •c. 28, 1 88a. 227. The city colIect(»r shall pay over each day into the hands of the city treasurer the sums by him collected for ra;es ami taxes taking his receipt therefor, certihed by the •city auditor ; ami he shall make a return every month to the City Council ol the amount of rates and taxes colk'cted by Idui, specifying the names of the ratepayers, with the -jiniount paid l»y each respectively, and also making a return of the aggi'egate aiuount of rates and taxes remaining un- •Coll.'cted.~-('s, 78, C. 28, 188;}. 228. The said city collector sliall recpiire and letain the tax notices issued by the Board of City Assesors, and shall issue a receipt to each person, firm and comjiany, ^ho shall pay their rates and taxes; and he shall keep a counterfoil ■of said roci'i|it in (u^dcr that the returns rf(piin;(l by the iprt'ceding section shall be cheeked and veriiiril by the City Auilitor Itefore being presented to tlie City Council --S. 7^, ■c. 28, 1883. r ' ii ' 48 III. — Audit ani kccovms. 229. The Conncil shall appoint a fit and proper person as Auditor for the City of Halifax, whose duty it shall be to t ndit, inspect, check and correct the books, accounts and receipts, and to supervise all financial business of and con- nected with the corporation of Halifax, and to perforin such other duties as the Council may from time to time re, whenever the City Council shall direct, deliver to the mayor for inspection of the council a true account in writing ot all matters commit- ted to their charge under this Act, or under any law lelative to the government of the city ; and also of all moneys which shall have l>een. by them respectively received as city officers, and how much thereof shall have been paid and disbursed, and for what i)urposes, with pro- per vouchers. — (S. !)3, c 81, liS(J4. 232. Every officer of the city, and every person who has held a city office, shall at all times, when ordered .so to do by the City Council or mayor, acting in conformity with any law, bye-law or resolution of the City Council im- mediately {)ay over all such moneys as may l)e in his hands' belonging Lo, or be due l)y him to the city, into the hands (tf the City Treasurer, or of such person as the order may appoint to receive the .same. — (S. D4, c. 81, lN()4'. 233. P^very city officer or other per.sim having pi)sses- sion or control over any boo! o, accounts, documents or }>apers belonging to the city; or which the City Council lias a just right to inspect, shall at once ileliver the same to thi^ city clerk when re([nired by the City Council or by the- mayor. — (S. 9.j, c. 81, l.S(i4. c t CJ h V 49 234f. All boanls, committees, officers and persons who •sliall collect, receive, expend or disburse any public iHoney belonging to the city or under its care or control, shall ac- count to the City Council. The City Council may direct the form and mode of accounting by resolution or bye-law, — (S. 9^c.81, 18G+. 235, If any person shall refuse or wilfully neglect to account with Vi,'^ City Council for his official receipts and payments, to pay over money which he owes to, or with- hold from t'.ie City, and for which he has become respon- sible as a city officer, or to deliver to the city clerk or such other person as the council may appoint to receive the same, any books, accoui^ts, documents, 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 complaint made on behalf of the council, of any such refusal or wilful neglect, to tite Stipendiary Magistrate or any Justice of the Peace for the city, district, or county wherein such officer or person shall reside or be, such Stipendiary Magis- trate or Justice of the Peace shall issue a warrant under his hand and seal for bringing the offender before the Stipendiary Magistrate or any two of Her Majesty's justices of the peace ; upon the offender not appearing or not being found, the Stipendiary M agi-al >'ate or Justices shall hear and determine the matter in a summary manner. If it shall appear to such Stiiy^ndiary Magistrate or justices, that any moneys remain due from such officer, on non-pay- ment thoreiif, by warrant under kls or their hands and .seals he or they shall cause such moneys to be levied by distress and .sale of the goods and chattels of such officer ; and if sufficient goods and chattels shall not be found to .satisfy the said moneys and the charges of the distress, or if it shall appear to such Stipendiary Magistrats 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 official capacity, have not been delivered as aforesaid, or are wilfully withheld, then, and in every such case, such Stipendiary Mugistraie o/- justices are hereby required to commit the offender to the common jail, there to remain without bail, until he shall have paid such moneys, or shall have made satisfactory return to the council, or until he shall have delivered a true account, together with such vouchers, or until he shall have delivered up such books, documents, papers or writmgs, or have given satisfaction in respect thereof to the council ; provided always that no person so committed shall be 1 ( ( ( t i 'J T I t r t s ]• o ft tl ai 60 detained in prison for want of sufficient distress only, for a longer apace of time tlian three months, or for any othtM' cause above mentioned, for a longer period than twelvo months. No jiroseeution of this nature shall be lawlid imless commenced within three months after the otfence has been committed. The ordinary reiuedies by action a^^ainst any person holding office, or who has held office under the city, or against his sureties, are not to be imj^aired or diminishe'l by this law, jr by any proceedings ta'ien under it.— (S. 1)6, c. 81, lS(i4. 2.S6 The books of account of the corporation shall shew the amount, particulars, stufe and circumstances of the property, funds, taxes, effects and ices belonging to the city, tlie incomes and fees of its otKcers, and all its receip'.s and expenditures. — (S. 09, c. 81, 1804. 237. The city accounts shall be anniially publisheil after audit and ai)pr()val in such form and mode as the City Council direct.— (S. lOO, c. 81, lht54. IV. — The CoNspLiDATKD Fund. 238. A consolidated Fund is hereby established for the City of Halifax, to l)e known as "The City of Halifax Con- soliihited F'und," which shall consi.st of stocks or shares and debentures of not less than one hundred dollars each, which the (Jity of Halifax may, under the diiection of the City Council, dispose of from time to time to an amount not ex-' eeeding one million live bundled thousand dollars. — (S. 1, c. 24., 1880. 2^59. The said stock or shares and del>enture3 shall be ap|)lied to pay off the debentures of the Citj' of Flalifax now issued and in circulation, and used for no other pur[)ose. They shall form a lien and be a charge on the real estate, revenue and proi)erty of the City of Halifax, and shall not be liable to any city rates or assessments — S. 2, c. 2i, 1889- 240. '" -.aid stock or shares may be issued to the ex- tent of six J ndred thousand dollars, and shall be perma- nent ; and there shall be paid thereon by the Treasurer of the said city, to each of the holders thereof, at the office of said Treasurer, tn the said City of Halifax, interest at the rate of five per cent, each year semi-annually, on the 1st day of January, and the 1st day of July. — -S. 3, c. 2^, 1880. 24!. 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 effect signed by the Treasurer and City Clerk, countersigned by the Mayor, and sealed with the seal of the City of Halifax, which said T ;i "coVtificato may bo in tlio form of Schedule No. 1 appemlotl to this title— (S. 4, c. 24, 18«(), 242. The City Treasurer nhall register in a hook kept for the purpose, all shares or stock of the coiisolidatisil fund above mentioned as they are disposed of, ami also the name of each individual person, or firms of persons, or cor- porations who may have subscribed for any of said shares or stock, atid where such subscribers shall transfer or make over his or their shares to a third jiarty, such transfer shall be made in the othce of said City Treasurer, in a book or register to be kept by him for that purpose, and to which access may be had by interested parties on demand, and pay- ment of twenty'-Hve cents to the City Ti-eusurer. Such shares and stock are and sh^.U be transferable in manntu" aforesaid and the subscrilier or transferee last enregistered as herein- before persfi-ibed shall be held to be indinn facie the credi- tor of the city for the amount of sucli shares or stock. — (S. f , c. 24, 1«80. 243. The said debentures may be issued to the extent of nine hundred thousand dollars, and shall be payable in twenty-five years, and shall have coui)ons attached for the pjiyuient of interest half yearly, at the rate of five per cent, per annum ; they shall be transferable by delivery, and i)e in the form of schedule No. 2, appended to this Title. — (S. 6, «. 24, lh80. 244. Any of said debentures i-egularly issued may, at the option of the holders, be turned into stock or shaies, aners, amounts and rates of inteiest of the debentures which have been thereby paid oti' and can- celled. Any city oflicer who shall .subscrilH) any false return shall incur a i^snalty of two hundred dollars for every such oti'ence, which penalty n>ay l)e recovered by any l>erH(m who may sue therefor, in the like manner and with the same ren>edies as if the .said penalty were a |)rivate debt, and the production of any printed return, with the name of any such ofHcer appearinj,' thereto in print, shall be pHmia fmie evidence of such officer having sul>scrib«;d such return, and the production of the origin d return .shall not be necessary for the pro(>f of an oti'ence under this section. — (S. 10, c. 24, KS80. 248. Any person who shall i.ssue or put in circulation any certificate of stock or any debenture for any other purpose than is authorized by this Act, or to pay any other liability than is authorized by this Act to be paid, or who shall permit to Ikj }>ledged any of the stock certiticates or debentures to be issued under this Act, shall incur for each ott'ence, that is to say, for each stock certificate or deben- tures so illegally issued or used, a |>enalty of four hundred dollars, which may be sued for as a private debt and collected with the like remedies by any person who may sue therefor, and shall be liable to the city of Halifax, at any time within ten years from the commission of the oti'ence, for the full amount of any such stock certificate or debenture so illegally issued or used. — (S. 11, c. 24, 1880. 249. The non-compliance with the provisions of this chapter, respecting advertising for tenders, or with the provisions contained in the two last preceding sections. m 63 shall not invalidate any stock certificate or debenture which may be held by bona fide holders for value. — (S, 12, c. 24, 1880. SCHEDULE No. 1. City of Halifax Consolidated Fund Permanent Stoch. This is to certify that at the date hereof is the registered owner in the books of the City of Halifax of shares of SI 00 each, 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 10th day of April, A. ]) 1880, to establish a Consolidated Fund for the City of Halifax. Upon the amount of the shares of said Consoli- dated Fund standing enregistered to the credit of the owner thereof in the books of the City of Halifax, as aforesaid, the City of Halifax will pay interest at the rate of five per cent, per annum, payable semi- annually, on the first days of January and July in each year. Sealed with the seal of the City of Halifax, signed by the Treasurer and City Clerk, counter- signed by the Mayor, and enregistered in the booki of said City by the City Treasurer, this day of A. D. 18 i?-2 S •j« — •3 3"" Wt ... --o I - J^ o .'CO) .a ^ c o ^ -o. 3 g 3 n J« t-.TS a .ly. a _ 3 i; -g.SS£ -• 3 ^ S Hon Registered on Book .page E. F., City Treasurer. SCHEDULE No. 2. Gity of Halifax Consolidated Fund, Debenture No. — (TraJisferal)le by Delivery.) $ The bearer hereof is entitled to receive from the City of Halifax, in the Province of Nova Scotia, the sum of dollars of lawful money of Canada, in twenty-five years from the date hereof, with interest thereon at the rate of five per cent, per a.muni, payable half-yearly at the office of the City Trea.surer in Halifax, on presenta- tion and delivery of the coupon hereto attached, and at the dates therein mentioned respectively. This Debenture forms part of the Consolidated Fund of the City of Halifax, established under the authority of 54 an Act of the Legislature of Nova Scotia, passed on th« tenth day of April, A. D. 1880, to establish a Consoli- dated Fund for the City of Halifax. Dated at Halifax this day of A. D. [City Seal.] A, B., Mayor. C. D., Treasurer. E. F., City Clerk. (Coupons attached payable bal£-yeariyr) v.— Provisions as to City Debts, 250. It bha'.l not be lawful for the City Council to borrow on the credit of the city any sum of money whatever, unless otherwise particularly authorized by aoiae act of the Province. In case hereafter any debt shall be incuired 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 mich debt or authorizing such expenditure, shall be jointly and severally liable therefor ; but such dehrf; shall not be recoverable from the city ; pro- vided, nevertheless, that no member of the C»ty Council shall be held liable under this Act for any debt incurred or expenditure authorized by the City Council, for a longer period than twelve months after the t>me when the debt was so incuiTed, or the expenditure authorized ; or if he can make it appear that he was not present when such debt was incurred or expenditure authorized, or that he gave hi* vote in opposition thereto.— ^S. 112, c. 81, 18(j4, 251. AH debts heretofore due and owing by the Town of Halifax, »hall be transf'^rred to and become the debts- of the said city, for the paymenl, of which the real estate and all other funds of the said city shall be held liable. — (S. 177, c. 81, 18ft4. 262. The real estate, property and funds of the city, shall continue liable and bound for the payment of all eertifieates and debentuies heretofore issued by the city authorities and now chargeable upon the city.— (S^ 178, c. 8i, 1864. 253'. — All pnbiic moneys raised by a.'Jsessment, and all moneys dtte and payable as afoiesaid, as well as all other moneys to be hereafter raised by and under the authority of any Act of tki» Province shall be chargeable with all debts heretofore legally contracted by the authorities of the Town of Hahfax or the said City of Halifax, or under the authority of the justices of the peace for the County ot' ^MrI S5 Halifax, oT any oF them, or by or under any other lawful authority, empowered by Act of the Province to contract vlebts binding on the town or city i and all such debts shall be payable out of the revenues and assessment of the city. — (S.'l79, c. 81, 1864. 254). All persons, virho, at the time of the first incorpor- ation of the cit.V) or subsequently, held any just claims upon the town or city, shall not be prejudiced therein by the repeal or expiration of the several Acts respecting the in'^orporation of the cit^y heretofore in force ^ nor shall any cieditor of the city be prejudiced in his rights by any such repeal or expiration of the Acts of incorporation or uny act or section of bviou« reaiion». TITLE V. TAXATION. I.— AMOtTNf AND OWECtS OP ASSESSMENT. 255. The City Council shall have power to assess on the inhabitants and the property within the city, annually, in addition to the amounts specially authorieed by Acts of the Legislature for extra assessment, such sums of money not exceeding one hundred thousand dollars, as may be necessary to defray the expenses which are by law •authorieed to be incurred on behalf of the City.-^(IS«. 1, c. 28, 1883. 256. The ol5gecis which may be provided for by such •assessnrent include the salaries and compensations legally granted to the officers and other persons empJoyed in the business of the city, expenses of police, of lighting the streets, of a supply of water, expenses of "fire department, maintenance of the city prison, repaii-s of city property, the making, repair and improvement of the srtreete and of repairs of the sewers and drains, bridges and roads, and all other expenses re<{uired in the due execntion of the ditterent |)owers and trusts vested by law in the city corporation, its council and officers.— (S. 2, c 28, 1883. 257. On request of the Board of Pablic Charities, jipecifying the sum they deem necessary to Ik; paid by the city for the support of the poor of the city iu the poor's •asylum and in the provincial and city hospital for the yea*- 56 ensuing, the City Council shall be authorized to include in the general assessment the sum so specified. — (S. 3, c. 28, 1883. 258. All property, real and personal, within the city of Halifax, not ex])re8sly exempted by law, shall be subject to taxation as hereinaltcr provided by this Act. — (S. 4, c. 28, 1883. 259. The Committee of Public Accounts shall prepare the yearly estimates for said city (which estimates shall include a sum, not exceeding five per cent., to provide for losses, abatements, or non -col lection 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 31st day of December, be transmitted by the City Clerk to the Board of City Assessors, who shall tix the rate of taxation for the year.— (S. 9, c. 28, 1883. II. — Board of Assessors. 260. The City of Halifax shall have a permanent Board of City Assessors, consisting of a Chief Assessor and two Assistant Assessors, who shall perform all the duties formerly performed by the Inspector of Assessments, Ward Assessor.^ and A«*sistant Ward Assessors. — (S. 5, c. 28, 1883. 261. Said Chief Assessor and Assistant Assessors shall, on appointment, be sworn bofore His Woi-ship the Mayor, to the faithful discharge of their duties, and they shall make an impartial assessment, and shall each continue in office until removed by a two-third vote of the members of the City Council present at a meeting of the Council called for that purpose, and any vacancy, either of Chief Assessor or Assistant Assessor, shall be tilled by the City Council at a meeting of the Council held for that purpose. — (S. 6, c. 28, 1883. 202. There shall be payable out of the city fund.s, to the City Assessor, such annual salary, not exceeding one thou- . .sand dollars, and to each Assistant Assessor such annual .salary, not exceeding eight hundred dollars, as the City Council may appoint.— (S. 7, c. 28, 1883. 263. The Board of Assessors shall as soon as possible make a complete register for each ward of all real estate within the city, giving a description of each property suffi- cient to designate it, and the street or locality in which it is situated, and the number thereof, if any, and the names of the owner or owners, if the same can be ascertained, and 14.';: 57 the same shall ho filed as a permanent record in the office of the Board of City Assei»sors, but the same shall be amended and corrected from time to time as occasion re«[uire9. — (S. 8, c. 2H, 1883. 2G-1'.. The Board of City Assessors, as hereinafter direct- ed, shall proceed to make an assessment upon th;3 respective' wards of the city, for all sums of money lejjally authorized and directed to be assessed upon the city for city purposes and rates, for poor rates, school rates and for the proportion uf countv rates, charj^eable upon the city and its inhabitants. — (S. 10, C. 28, 1883. 2(!5. The Board of Assessors shall have the power to assess anj- property which may have been omitted by accident or error from the j^eneral assessment ; provided the same shall be assessed before the first day of May. Nothini^ in this act shall be construed to authorize the Board of City Assessors to alter or interfere with anv deci- sion of the Couit of Appeal.— (S. 41>, C. 28, 1883. III. — Assessment. 2G0. The assessment shall be commenced in the month of October of each year for .the next year ensuin<,', and the annual as,sessment .shall be prepared, umde uj) and delivered to the City Collector not later than the 15th day of March, in each year. — (S. 8(), c. 28, 188.S. 207. The a.ssessment shall be rated on the owner^s of real and personal jiroperty by an c([ual dollar rate upon the value of such real and personal property within the city, Avhether such real and persvMial property shall be po.s.s"Ssed occujiiei] or owned by individuals or by any joint stock cotiipany or corporation and, whether owned by parties resident or absent, according to the best knowledge and hl ..„. 111! miM ■ itf M— o8 2(l9, The person in possession of porsonal property at tlio time ot" tlio valuation of tlu> same, sliall lu- dcemetl tlio owner ot siicli property in ca^e the leni owner has ixit heen assessorl therefor ; and the property shall lie liahle for the ilitlerent rates and taxes assessed in his name, jirovided that no property in transit shall he assessed.— (S, 15, c. 28, l.SS:}. 270. Under tlu; term " personal estate," shall he in- cluded all household furniture, moneys, j,'oods, chattels, waies and merchandize, kept in puhlic or |Tiivate pn-mises, or in the (Queen's or other puhlic warehouses, and all ships and vessels, or shares in ships or vessels, owned hy persons residinj^ or havinj^ otticirs, or doin^f husiiiess within the city, which shall bt> assessed at half theii' value, whether such shi[»s or vessels shall l>e at home or abroad at tin.' (,in»e of assess- ment ; also all puhlic stocks, except l)ominion and Provincial debentures and tJity of Halifax debentures and stock ; there shall also be included umler the term personal estate, stocks in public or j)rivate bankinjjf companies, water, gas, fire, marine or life insurance companies, or associations, or other joint stock companies or corporations, whether p\iblic or private, doing business within th(! city ; and all moneys belonging to the inhabitants of the citv, invested, in public or private securities within the city ; and all bidlion and coin ot gold and silver, all Dominion notes, and notes of solvent ImnkH, in the Province or elsewhere, which may be in the possession and the property of any citizen, or in the custody of a l>ank, or other party, excejit moneys deposited on deposit receijjt, shall he considered as his moneys, and bo assessed accordingly. — (S. 16, c. 2.S, liS8;{. 271. Partners in business shall be assessed under thti name of the firm fur partnership property, in the same way as individuals ; notice to eithei partner or to the agent of the film sh ill be valid.--(S. 20, c. 2S, 188:}. 272. The estate of deceasi'd j)ersons under control of their executors, adniinistrators or trustees, the .separate property of niarrieil wojuen, and the ))roperty of minois, and all other projierty under the control of agents and trustees, shall In? rated in the name '>f the principal party or paities ostensibly exercishig control over them, hut under such (lesci i|)tion as will keep the rating separate and distinct Irom any assessment on such parties in resjiect of jiroperty held in their own right.— (S. 22, c. 28, lS8:i. 27:?. No school teacher of any desciiption, nor any person employed in the capacity of sijcli, shall be exem[)t Irom assessment for, or payment of rates or taxes of any kind in the City of Halifax ; but all such teachers and person.^ shall be assessed and held liable for .such rates and taxes in 50 tlio same inanniT as other citizens an; now aHscssed and lit'ld liable— rS. 19, c 28, 188.'}. -7-I-. Ket'jK'in of hotfls, lM)avdinj;;-hoiiHos ami taverns, ami masters ami ui!»tveHX"s ol (l\\'elliii;^-li()iist!H, sluill, on applieation of a City Assessor, give int'oriiiation of the names of all persons residinj,' tlierein and lial»l( to Ite nssesmMl for taxes. Kvery sueii keeper, master or niistiess refusint^ to yive such information, or knowini,'ly givinfr false informa- tion, shall forfeit twenty dollars for each offence to be recovered in the Poli<; Court at the suit of the City of lliilifax.and collected under a warrant of disttaint. — (8. 27, c. 28, IHH'.I IV,— Insurance Compaxiks and Banks. 27.".. Kvery insurance company or association, accident and ;.;uaranteo company established in the City of Halifax, or haviiii;' any branch olHce, agent, or at,'ency th<'r(>in, shall be assessed in respect ot the real estate and personal pio- ]ierty owned by said conii)any or association in the same way as the other late payers of the City of Halifax are assessed, and shall in addition thereto pay an iiimual license fee as hereinafter mentioned, namely : every marine or tire insurance company or association, the sum of two hundred dollars, and every life assurance, accident or guarantee company or association, the sun? of fifty dollars. If the same com]iany or association is (inj^aged in more than one l)ninch of insurance business, it shall pay a license fee for each branch of its business at the rate above mentioned for In cas's where life assurance c )mpani(!s are engaged ■ae in winding up their business in the City of Halifax, and are issuing no new policies, they shall be exempt from the license tax, and shall only he assessed on their real and personal projverty. Hivery company, corporation, asso(;iation or agency doing business in the City of HaHfax, Thanks, insurance com|)anics or associations and other corporal ions now exeni]jt from taxation excepted) shall be assessed in respect of the real c-tate and personal property owned by said company, corporation or association in the same way as the other rate i)ayers of the City of Halifax are assessed, and shall in addition thereto pay an annual license fee of one hundred dollars.— (S. 23, c. 28, 1883. 27<). The license fee of every company, association, corporation or agency shall become due and payable on the 31st ilay of May in each year, and the agent or manager of any company, association or corporation which has not •been incorporated by the Legislature of Nova Scotia, shall Tie p( ]>an\ inani of tl as if lierei ing any (listi i plac iisse; .saiil are ! in a amo eapi incr of 1 asst ♦•ity city tot of ( the any its" asf5< I8t! an\ (loi ord con to IllU iilK ayt (10 Tie personally liable for the license fee payable by the com- jiany, association or corporation of which he is a<,'ent or inanager, and also, for the rates and taxes payable in respect of the assessment of its real estate and })ersonal property as if he had been assessed therctbi personally, but nothintf herein contain»'d shall prevent the city col bctor from enforc- ing the payment of the liGen.se fee, rates and taxes due by any company, association or cor}H)ration by warrant of distress levied on its ])ropcrty and etteets or eoJlectini; the same in any other way authorized bv this Act. — (S. H, c. •is, ish:}. 277. Every incorpfnated joint s^^ock }>ank, whose chiet" place of l>usiness is situated in the City of Halifiix, shall be assessed in res|)eet of the real estate in said city owned by >aid bank in the same way as other rate-payers of the city are assessed, and it shall pay to the city of Halifax, annually, in addition thereto, a tax of three-ei<^hths per cent, on the amount of its ))aid up capita), after deducting from said capital tlie assessed value of said real estate. Every other incorporated or joint stock bank (ioiag btisiness in the cit} of Halifax by nseans of an agency or branch otKce, shall be assessed in like n)anner, in respect of the real estate in said eity owneil by said bank, and slial} annually pay to the city of Halifax, in addition thereto, a tax equal in amount to the sn)allest tax hereby recpiired, to be ])aid in respect of capital by an}' bank whose chief ])laee of business is in the city of Ilalifax. Provided ahvay« that in the event of any bank increasing its cajiital, for the purpose of extending its business outside of the city, said l>ank shall not be assessed in the city on such increased capital. — (8. '2^, c. 28, 27'S. in thin Act th-.' term " company " shall include any company or as.'<()ciati(m, whether in<.n)rporated or not, doing business within the city of Halifax, other tl)an an ordinary private partnei.ship or tirm. The terms " insurance eom])any ' or "association' shall include and l)e construeil to mean every company or association carrying on the business of lite, tire, marine, guarantee, or accident insur- ance in the city of JIalitax, by themselves, their nuvnager, agent, or otherwise howsoever. The terms " asse-sor '" shall inchule the Chief Assessor or any of the Assistant A.sse.S3or8.~-(8. 2t), c. 28, I8>s3. ' ,*._ CI v.— Estates and Trustees. :-*i ^M 279. The undivided real estate of a deceased fieraon itiay be assessed to his heirs or devisees, without desii^nat- ing any ot them b}' name, until they have give»i notice to the assessors of the divisiun of the estate and the names of the several heirs or devisees ; and each heir or devisee shall be liable for the whole of such tax, and when paid by him he ma}' recover ot the other heirs or devisees their respec- tive portions thereof, and have a perferential lien on said estate therefor.(— S. 29, c. 28, 1883. 280. — The real estate of a person deceased, the right or title to which is doubtful or unascertained by reason of liti- gation concerning the will of the deceased, or the validity theieof, may be nsseseed in general terms to tiie estate of the deceased, and said tax shall constitute a lien upon the lands so assessed, and may be enforced by the sale ot the same or a part thereof, as provided for enforcing other liens for taxes on real estate— (S. SO, c. 28, 1883 281. All personal property in the City of Halifax owned by minors and others under guardianship shall be assessed in the name of the guardian and notice thereof be given to him.— S. .SI, c. 28, 188:j, 282. Personal property held in trust by an executor, administrator or trustee, the income of which is payable to another per.son shall be assessed to the executor, adminis- tiator or trustee in the ward where such other person resides, if within the city ; and if he resides out of the city it shall be asses.^^ed in the ward where the executor, admin- istrator or trustee resides ; and if there are two or more executors, administrators or trustees residing in diflerent places the property shall be assessed to any one of them, and the tax thereon shall be paid out of .said income. — (S. 32, c. 28, 188;}. 283. The personal estate of deceaseessiiiiMit is to be levied in the last column, opposite each name. — (S. oO, c- •28, 1883. 287. As soon as the whole amount of real and personal ])roperty, on which any j)ers!)n, company or eorporation i.-^ to be assessed within any ward of the city, is detern)ined, the chief assessor shall serve, or cause to be served, a notice of such valuation upon the peison assessed, or his agent, or on tlie company or corporation, tlieir oHiijfr, clerk or ngi-nt, by deliveiing the same personally, or by leaving it on the property so assesseil, or by mailing the said notice through 4. 5. €. 69 the Post Office duly registered. This notice shall he in the following form, in print, or ink, or both : VVard No. Niuiie, No. and iluHi>ription of l'ro|)erty. A'ahie oT Keiil fMate. Value of Per- sonal I'roperty. Total amount to wliit'h ttsKfuHiiiPirt in to Ih! levied 1 hereby give you notice that the Boarrl of City A.sses- sors, tu the best of their judgment, have made the above vahiation of your real ami jjersonal estate within Ward No. — of the City of Halifa.x, on wiiich a.ssessment for the year IS — is to be levied. If you wish to object thereto you are heroh'y notified to fuinish me, at my otKoe, in tht! City Court House, within fourteen days from this date, witii a written statement, under oath, according to the form here' with served «pon you. To Mr. Chief Assessor. Dated at Halifax, day of ISS These noti<'is are to l)car date on the days which they •are respectively served or mailed. — (S. 37, c. '2H, ISN.S. 2N.S. After service of tlie notice, fourteen da3-s shall be allowed to the parties to be rated, or their agents, to furnish the Board of City Asse.s.sors with a written statement, under oath, of the real and personal estate in the following form : ■Slatenwnt of Rtuil and Pi'rxonid Pvopcrtij n-ithiii Ward ^'o. — ,of the Citi/ of Halifax, liable to assesi^ment. $ Ct>v. 1. Real estate at It^ actual valnr, ■-. Household furniture and luovalile jiroperty in dwelling and premises occupied by subsciilK.»r , . .*}. Goods, wares and merchandi;ire, within the Ward t. Moneys in possession or in bank, i.S:.c o. Ships, or vessels, or shares and interest therein, whether at home or abroad, at half th»»ir actual value a. Moneys ii»vested in the city Total aiDouut . . . ^ .^ ^ i Hi, 'I. ■M :;f ,s.^ ■-3SS* 64 In making this statement, each itein or class of property shall be separately valued ; and the amount admitted un, in the ward in wiiich the per- son shall reside. Such return or statement shall be veritieil in every instance by an artidavit in the form following : General Form of Aj/idavit. City of Halifax, S S. of the city of Halifax, maketh oath and saith that the above statement is in all respoct-i just and tru<', and that the sum of dollars is the full value to the best of deponent's judgment and belief, of the real and peisonal estate for which was liable to be taxed on the day «)f the assessh^ent thereof, within Ward No. — Sworn to this day of A. D. 18 ) before me ) The above statenient n)ay be sworn to before any Justice of the Peace^ and must be delivered at the othce of the ijoaid of City Assessors within the time above limited. — (S. 38, c. 28, 188:3. 289. The Board of City Assessors shall complete the valuation annually, within one hundred and twenty days from the date of commencement, and having duly delivered the notices of valuation, above directed, and the fourteen diys allowefl for the athdavits having expired, shall then proceed without delay to make up one general book of as- sessnjent for the city, in which there shall be distinetly shown the amount of the rate upon each imlividual, firm, estate or company, and the assessment book b> ing ^o n ale up and signed by the Board of City Assessi)r.«, shall be handed to the city collector of rates and taxes. And in such assessment book the names of persons liable to a jjoU tax shall be registered for the purpose of collecting the same. — S. ;3S», c. 28, 1883- 2U0. The members of the Board o\' City Assessors, or any two of them, in case of the sickness or unavoidable ab- .>ence of the other, shall, after they have completeil the city assessment, each subscribe and take the following oath (or affirmation), which may be administered by the Mayor or an Alderman, in presence of the City Clerk : We (names and offices) do hereby solemnly swear (or affirm) that the i III Iff! foregoing list is a full ami true list of tho names of all per- sons known to us who an; liable to taxation and assessuu-nt or poll tax in tin.' city of Halifax «lurin;f the year connnenc!- ir)^' the first (hiy of May next, ami that the leal and person- al estat»; contained in s^iid list, and assessed upon each in- dividual in said list, is a fidl and accurate assessment upon all the property of each individual liahle to taxation, at its full ami fair cash value, according to our best kno\vlud;.M{ and b.dicf— S. +0, c. liN, 1>S«;5. 2^1. No error, inh)rnuility or irregularity on the part of tho City Council, the Hi>ard of City Assessors, or other civic otticers, has affected or shall affect or pn judice the validity of any general assessment )nade, or hereafter to l)« made, and levieil in such city ; and no indivierty unless its value amounts to two hundred dollars. — (S. U, c. 28, 188:{. 2!i3. All moneys which have been heretofore loaned, or which may be hereafter advanced, on real estate within the city of Halifax, fcjr •which mortgage' securities have been or may be Uiken, shall be exempt and free from city a.s.sessment ; and neither the lender nor the borrower shall l»e liable to pav taxes to the city of Halifax on such securi- ties.— (S. 17, c. 28, 188;3. 2M4. All projterty, real or personal, owned by Her Majesty in the I'rovince, the county (tr the city, all pergonal property of military persons residing in government build- inus or barracks, or of officers or ufu of the navv residin'' in government liuililings, eveiy building erected and used as a college, incorporated academy or other seminary of learning, every building for ))'iblic worship, school house, court house, jail, and blind asylum, and tin; site and ap|)Ui- tenance of each antl their furniture, the Halifax Dispensary, and e»ery poor house, alms house, orfihans' house, asylum for y olcrgyiiion, by whoinsocvor tli«(y may bo owned, to Ix; exempt from taxation. — (S. 18, c. '2H, ish:j. iill.'r. Tlie owner or holder of stock in nnv incorporated or joint stock coBipany, doiny buMineNH within the city, taxed on its capital, or in respect of its profits or income; shall not be assessed as an individual for such stock. — (S. ■21, c. 28, 1883, S9G. The real or jreraonal ixttite of tint/ person ar cor- portition crciiijif from civic td.mtion loidn' an n xpcrial act or laiv in force nt the time of the pdssivif of fli.ii act i*hidl continue so exempt. 207. The widow of any deceased member of the Union luujcne, Union I'lotcction or Uition Axe Conipanien shall be exenipted from taxation fir civic purposes on real and personal property to the value of five lHin. VIll.— Court ok Appeal. 208. There shall be a court of apjieal on as.iesflment which shall hear all appeals from assessments, and from rates and taxes, which court Mhall consist of one person to be appointed ar nually by the (Jovernment of Nova Scotia, one person to be appointed annually by the Chief Justice of Nova Scotia, (which appointments shall be made on or before the first of May,) and His Honor tlie li"Corder, which latter officer shall preside when [)resent, at all nyeetings of said court, and in the absence of any nrembor of said court from illness or any other suffici<3nt cause, his Worship the Mayor shall be substituted for and shall temporarily perforin the duties of such memlier of said court. The decisions of said court shall be fJnal. Every ])erson so appointed shall continue in office until his successor is appointed. The remuiKjration for the members ot said ct)i>rt of appeal shall' be five doMars each for every day actually employed, but not to exceed the sum of one hundred dollars each in any one year, and a sum sufficient for such purpose shall be added to the annual general as,sessmenf. — (8. 41, c. 2iS, 1883. 07 209. The CiMut of Appeal, constituted as provided in the precerling section, shall, at times and places to be fixed liy the Court, and duly advertised tor such time and in Mich manner as the Court shall determine, hear all objec- tions of rate payers, who shall have duly appealed, to the valuations, rates or assessments which have been made upon such rate payei>> and their properties ; anil such Court, after hearing the persons who appear before them, and their witnesses, shall have power to reduce or increase the valuations and alter the rates and assessment of any rate ])ayer, so as to meet the ends of justice ; and such Court shall finally determine and decide the rates and •assessments to be pnid by each person who appears be'bre the Court; and (he decision of the Court shall be tinal. The Court shall hear the appeals in such ordcM- as they shall determine, and with as little delay as i-easonably practicable.— (S. 42, c. 28, 1883. 300. The Court of Ajipeal shall have power to issue subpo'uas for the attendance of witnesses l>etbrc the Court, such subpoi'nas 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 aif e\amint'(l, and any person who shall disobey any sul>p(i^na so issued and sij^ned shall l>e liable to a penalty of not less than five nor more tilty dollars, to !«> recovered at the police court, at the suit of the City of Halifax, and to be collected by wairant of distraint u'ider the hand of the Stipendiary Magistrate.— (S. 43, c. 2S, 1883. 3()1. Whenever the chief assessor or the assistant assessors shall ha dissatistied with the statement furbished by or on behalf of any. company or association liable to assessment, for the purjiose of assessment, such chief as.sessov or assistant assessors shall have right and power to object on behalf of the city to the acceptance and adoptiim of such staf; >ment ; provided such objection shall be niade in writing and signed by such chief assessor or assistant asses- sors, ami notice thereof given to the cinpany interested within ten days after the time at which such statement shall have been submitted by or on behalf of such company. — (S. 44, c. 28, 1883. 302, Such objection shall be heard and determined by the Court of Appeal in the manner provided for as to appeals of parties di-i.satified with the amounts of their as,se.ssinent8 in the sections of this Act; ami such Court shall have power, having first hear 1 the evi l.'uce, if any, •offered on either side, to increase the amount or valuation •upt^n which said company shall be assessed, as to such 6B Court shall weoni just iiml lawful, aud tlio decision of sucU- Court shall be filial.— (S. 45, c. 28. IS83. 30:>. Hert'af'ter, when owin^; to absence from tho city, illness t)r other sufficient cause, any jieison is unable to make the necessary sworn statement or apjieal from the valuation of his property by the Board of Ciiy Assessors within four- teen days from the service of the notice, it shall not be necessary to apjdy to the ^'ity Council for permission to make such statement or appeal: but such person shall be allowed to make such statement or appeal upon fiiin;,' with the Board of Cit> Assessors an affidavit or attidavits of himself and at least one otlier ]ierson, veiilying such ab- sence, illness or other sutHeient cause : provided tliat such other aftiilavits, togetiier with the sworn statement shall be filed within fourteen days aftiT the return to the city, re- covery or otlu-r cessation of the incapacity of such person. — (S. 4«}, c. -Is, 1«8:3. 3(l4 When the Board of Assessors sliall, in the exercise ot their jud;L,Mnent, have filed the valuation of any property, such valuation shall be altered only by the Court of Appeal hereinbefore provided for. — (S. 47, c. 28, 1883. 305. Such Court of Appeal shall also have power amongst other things, and it shall be their duty : (1.) When a i»roperty shall have been valued or asses- .sed in the name of any pei.son other than the owner thereof, to transfer such valuation or as.^essment to the owner, not later than the tiist day of May, giving him due notice of such valuation or assessment, for which he may, within fourteen days, appeal to the Court. {'2. When the Board of City Asso.ssors shall, through ignorance or mistake, have \nlued, assessed or taxed any property or person by law exempt froiu assessment or taxa- tion, to leuiit such assessuient or ta.xatioii at any time. (3) When a»i affidavit shall I 'c made on behalf of any comj)any that an error has been made in tin; statement sub- mitted tor the assessment of such company, ami cleiuly showing the natuie of such error, to allow such statement to be so altered as to cuiect the ndstake si't forth in such afhdavit : jnovided alw.iys that in s\ich case the time for appeal on lichalf of the city shall lie extended to ten days Iter such amtuided siateuieiit shall have hecu submitted on behalf of the company ; and that such attidavii: shall be sub- mitted not later than tlie 2stli day of Fel)rnary. (4.) When any pr(.])erty of any person has been valueil • ■r assessed luort! than once for the same general assessment, to annul and remit such <>{' tlie .saitl valuations or assuss- V- 69 merits as shall be improper or illegal, not later than the 31st •day of January. (5.) Also, to correct any clerical en'ors made by the Board of City Assessors, so as such correction shall be made before the 1st day of May.— (S. 48, c. 28, 1883. IX.— Poll Tax. 30G. Every male person of full age (except persons in •actual service in Her Majesty's Army and Navy, and sub- ject to the articles of war; also, all Active P^iremen, Engine Men. Axe Firemen, members of the Union Protection Com- pany, and such as have retired on the full service required by law), having been resident in the City of Halifax six months, or more immediately previous to the levying oi the assessment in any year, and not having been assessed in that year on property within the city of the value of two hun- dred dollars, shall be assessed and liable to pay a poll-tax of two dollars for the general purposes of the city of Halifax, and the same shall be collected as the other city rates. — (S. 54, c. 28, 1883. 307. The Board of Assessors shall prepare a complete register of all persons liable to pay such poll-tax, and shall deliver the same to the City Collector of rates and taxes on or before the loth day of March in each and every j'ear, — •S. 55, c 28, 1883. 308. The Board of City Assessors shall also make out and deliver to the city collector of rates and taxes before the l5th 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 per.sons liable for a poll-tax.— S. 5G, c. 28, 1883. X. — Notices. 309. As soon as the assessment book shall be deposited with the collector, he shall cause each per,son or company rated, or their agents, to be served with a notice in the fol- lowing form, the said notice to be maile out by the Boan-d of City Assessors, as provided by the preceding section ; — Halifax, 18 You are hereby notified that you are 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 aiaount be paid within thirty days from the 1st m 70 day of May next, proceedings will be taken to enforce pay- ment, together with all charges and cost" of collection. A B To Chief Asaessor. — S. 57, c. 28, 188S. 3l(). Such notices sliall be delivered at the office or re- sidence 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 timo to time be changed by vote of the Council. -S. 6,s, c. 2S, 1883. 311. Whenever any rate-payer whose pro]>erty bas been- valued by the a^.scssors uudiT thi.s law nhull die boforc the taxes and as.sessments of that year have been fixed, adjusted and paid by him or her, his or her t^xecutors and adminis- trators shall have the same powers, rights and liabilities therein as he or she might have had if living ; and the proper notices under these heads may be served on them ; and they may make attidavit to reduce such assessment if they think proper, and if tlioie be no executor or aersonal service. — (S. GO, c. 28, 1883. 313. Whenever any property, real or personal, shall belong to more than one individual, whether the same be owned by co-partners, tenants in convmon, or held by exe- cutors, administrators, trustees, devisees or co-heirs, the ilitferent notices and proceedings of valuation and assessment thereof under this Act shall be valid, it stich notices sh dt be actually served on, oi come to the hands of any one of the parties who own or have charge thereof, or be left on the property assesseil, notwithstanding any errors, omissions, or mistakes in the name or names of the |>arly or T>arties to be rated for the same, provided that the pro()erty itself intended to be rarted be sufficiently designated or pointet? I h 71 "Out in such notices to enable the parties to ascertain the object of said rate. — (S. IG, c. 28, 1883. XI.— Lien. nil. The rates and taxes levied on said assessment on Veal estate shall be a special lien on said real estate, having preference over any claims, lien, j)rivilege or incumbrances of any party, except the Crown, and shall not require registration to preserve it, except as hereinafter provided. — (S. 13, c. 28, 1883. 315. The lien on real estate for arrears of taxes created by thi3 Act shall not extend beyond th(! period of thref years from the time when said taxes are y^.->.^j»TMi 78 ment, or to accept a dividend if i»o property can be found on which to levy. — S. G8, c. 28, 1883. 323. The City Collector ol" Rates and taxes may issue a general warrant of dist.aini. for the collection of rates against persons who shall not have paid the amounts ess of the goods and chattels of the |)ersons mentioned in said schedulo heieunto annexed, and if 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 tlisfti'ess, be not jmid by each of them respectively, that then you do sell the goods and chattels of such of them as shall not have paid such sums, with edditions and expenses as above mentioned, and out of the moneys arising from such sak; , o« do forthwith pay over the sums so due by them respectively, to me ; and that you do render to the owners of the geing first •deducted ; and if no such distress can be made, that you then certify the saiue to me. Hei'ein fail not, and make www d 74 due return to me of your doinf<;9 under i.his warrant within dayt% from the dale thereof. Given under my hand at Halifax, \ this day of , A. D. 188 . j City Collector of Rates and Taxes. Schedule referued to js chi! roREGoixo Warrant, Datv.d 188 . Names. Dencriptiou and plauo o! renideiicc or buglneHH. Amount due (or ratm. Haiitftx, 188 City Collector cf Butei* aud Tux* \ —(3. 70, c. 28, 188a 324. The beizme of a «(liavo or other interest in a cor- poratiin may he made liy leavin:;- with the pre.«*iilent, cashier, manager, or other principal officer of the coiporafion, an atttsi.eii co[>y of the warrant, wilh a ce> tititafo thereon, under Ihe hand of the collector, .setting fortii tlie tax which the stockholder t^ Ut pay, und that upon his ne;xlect or refusal lo pay tlie collector har< -seized ;iuch share or interest. The sale of such share or interest shall be made in the mannei prescribed by law for the sale of goods by collectors of lases, or bailifi's in like cases, Hve days' notice of such sale being previously given.— (8. 71, c. -8, 18ay the balance, if any, to the Accountant (ienoral of the Supreme Court at Halifax. Herein fail not, and make a return to me of your doing under this warrant within ninety days. C.iven under my hand and the Seal of the City of Hali- fax this day of , A. l>. 18 A. B., [Seal,] Mayor. — (S. U4, c. 28, 18S3. 334. Any statements or lists so signed by the Mayor and sealed with the seal of the city, or a copy thereof, or of any ])ortion thereof, certified under the hand of the City Clork, shall in any suit or other pioceedinjf relating to the assesr^ment on the real estate therein mentioned, or at wMiicli it may baid, and that each lot of land in said s^at^ment mentittned 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. — (8, 0'), c. 28, 1883. 335. The City Cktllector shall, on receipt of said Marrant, prepare a copy of the list of land to be sold, and shall include therein in separate columns the amount of taxes y him.— (S. 9<), c. 28, 1883. 839. It the purchaser of any [:)arcel of land fails im- mediately to pay to the City Collector the amf)unt of the purchase money, he shall forthwith again put up the pro- perty for sale.— (S. 100. c. 28, 1883. 340. The City Callector, after selling any land for taxes, shall give a certificate under his hand to the purchaser stating distinctly what land has been so.'^old, and describing the same and the interest therein, and also stating the sum for which it has been sold. The certificate .s'.tall also state that a deed conveying the same to the purchaser or his assigns will be executed by the Mayor and City Collector 01 his or their demand on payment of two dollars at any time after the expiration of one year from the date of the certificate if the land is not previously redeemed. The City Collector shall kcjep a duplicate of each certificate granteil by him, which shall be open to the inspection of anv person interested in the land therein mentioned. — (S. 101, c. 28, 1883. 341. The pmchaser shall, on receipt of the City Collector's certificate of sale, become the owner of the land so far as to have all neees.sary rights of action and powers for protecting the same from injury or waste until the expiration of the rinie during which the land may be redeemed, but he shall not knowingly permit any persoit I: 7D to cVit trees on or injure the premises, nor shall ho do so liimself, but he may collect any rent due, or to f»row due, for the same, or use the property without deteriorating its value.— (S. 102, c. 28, 1883. 'M2. The purchaser shall not be liable for damage done without his knowledge to the property during the time the c-rtiHcate ia in force.— (S. U»3, c. 28, 1883. ;H;{. From the time of payment to the Collector of the full amount of redemption monej' required by this Act, the said purchaser shall cease to have any further right in or to the land in quo.stion.— (S. 104, c. 28, 1883. 344. The Cif}' Collector shall, out of the purchase money received for each lot, deduct the amount of taxes, interest and expenses for which the same is liable, as shown by the list advertistMl, and also all rates and taxes as.se.-^sed ■on or in respect of said property for the sul>se(juent years and due at the time of such sale, and shall pay the balance, if any, to the Accountant General of the Supreme Court, and at the same time furnish him with a certificate of sale, and .said balance shall be paid out and distributed as directed by the Equity Court on a summary application in the same ■way as surplus proceeds in foreclosure suits are paid and distributed— (S. 105, c, 28, 188.3. 34"). The owner of any land which may hereafter be sold for non-payment of arrears of taxes, or his heirs, administrators, executors or assigns, or any other pfirson, for the Ix'netit of the owner, may at any time within one year from the day of sale, exclusive of that day, redeem the property sold by paying to the City Collector (who shall receive the same) for the use and benefit of the purchaser, or his legal representatives, the sum paid by him, together with ten j)er centum thereon, and the City Collector shall give to the ]iarty j)aying such i-edemption money a receipt, stating the sum j>aid and the object of payment, and such receipt .shall be evidence of redempti(m. A duplicate of such rectipt shall be kept by the City Collector in his office, open to the inspection of all persons interested in the land therein mentioned. — (S. lOG, c 28, 1883. 34(5. The sura so loceived by the City Collector shall, on demand, be forthwith paid over by him to the purchaser entitled to receive the same, or his legal representatives. — e inetud(>d at tho re(juo.st of the purchaser or his assigns. — (S. 108, c. 28, \HHS. 'MH. The words " C'liy Collector " and " Mayor " in the foregoing section shall mean the persons who at tho time of the (execution of tho deetl in sueh section ntentioned hold the Slid ottices in the eity of Malifax, and in all ease» where lands have Iwen sold for taxes, the conveyance by the City Collector who made the ftale, and the Mayor for tho time being, or their successors in office, shall not be invalid by reason of the statute undur tlio authority whereof the sale was made having been repealed at or before the time of conveyance, or by reason of tlie City Collector wlio made the sale liaving gone out of ofHce. — (S. 100, c. 28, 1S8«, 349. The deed shall be under the seal of the city, and .shall particularly and fully describe the land conveyed. jSaid deed shall be i)resumptive evidence that all the pro- visions of this Act with reference to the sale of t!it> land therein described have been fully complied with, atul every act and thin^ necessary for the legal perfecting of such sale have been duly pei formed, and shall have the effect of vesting said land in the grantee or purchaser, his heirs or aissigns, in fee simple, free and di.scharged froiu all incum- brances whatsoever, whether registered or not; except in tlic case of land in which the fee is in the city of Halifax, when the deed shall give the purchaser the same rights m respect of the land as the original le.s.see. — (S. Ill), c. 28, 1883. FORM OF TAX DKED. To all to whom these piesents shall come, we , of the city of Halilax, P]squire, Mayor, and of the same place, Estpjire, City Collector of Rate.'* and Taxes, Send greeting ; — Whereas, by virtue of a warrant under the hand of the Mayor and seal of the said cit}', bearing date the day of , in the year of Our Lord one thousand eight hundred and eighty , commanding the City Col- lector of tlie said city to levy upon the land hereinafter mentioned for the arrears of taxes due thereon, with interest and expenses, the City Collector of the said city did, on the day of , in the year of our Lord, one thou- ^ip 81 sand eight hundred and , sell by public aucti.)n to , of the of , in the county of , that certain parcel or tract of land hereinafter mentioned, at and for the price and sum of , of lawful money of Canada, on account of the arrears of taxes alleged to be due thereon up to the , day of , in the year of Our Lord, one thousand eight hundred and , together with interest and expenses. Now know ye, that we, the said , and , as Mayor and City Collector of the said city, in pursuance of said sale, and of the statutes in such case made and provided, and for the consideration aforesaid, do hereby grant, bargain and sell unto the said his heirs and assigns, all that certain parcel or tract of land in the said city of Halifax, and described as follows : (Description) *********** In witness whereof we, the aforesaid Mayor and City Collector of the said cit}-, have hereunto set our hands and affixed the seal of the said city, this day of in the year of Our Lord, one thousand eight hundred and eighty A. B., Mayor, r^'") C. D., City Collector. Signed, Sealed and delivered, in presence of — Shedule A. c. 28, 1883. 350. The deed shall be registered in the office of the Registrar of Deeds at Halifax within fifteen months after the sale, otherwise the parties claiming under suoli sale shall not be deeme-^ to have preserved their priority as against a purchaser in good faith who has registered his deed prior to the registration of tlic deed from the Mayor and City Collector.— (S. Ill, c. 28, 18.S3. 351. None of the officers of the city of Halifax shall be interested directly or indirectly, in the purchase of any real oi personal property sold for the payment of taxes, under a penalty of four hundred dollars and forfeiture of office.— (S. 91, c. 28, 1883. XV. — Miscellaneous. 352. After the passing of this Act, when any lease in writing is made whereby, according to the terms oi the same, the tenant is to pa}- to the landlord all taxes in ^r « » « » 82 addition to the rent fixed by said lease, and the landlord pays said taxes, and in the case of existing leases and agreements which provide for the payment of taxes by the tenant, and the landlord pays the said taxes, he shall have the right to distrain on his tenant for the same, provided he shall first have served a notice in writing, on said tenant, demanding the payment of taxes ten days before distraining for said taxes, and sell the same after three days' advertise^ ment thereof ; and if the said personal property of the tenant shall be removed from the premises after the receipt of said notice the landlord shall have the right to follow said personal property and distrain and sell the same as herein provided. In case of the occupation of a building or premises by more than one tenant under existing leases, the assessors shall at the request of the landlord or tenant assess each tenant separately, as if it were a distinct pro- pert}^.— (S. 34, c. 28, 1883. 3o3. Every person who shall commence business of any kin-l in the city of Halifax, whose property has not been assessed at the previous general assessment, or paid taxes, shall give notice if. writing to the Board of City Assessors ot the same ; and the Board of City A««f^«snrs shall pioceed within three days after such notice to the premises, and assess the property of the party so com- mencing business, in the same way and at the same rate as other citizens are assessed under the general assess- ment for that year. After the assessment has been so made the Board of City Assessors shall make a return of the same to the City Collector of Rates and Taxes, who shall collect the amount as all other taxes are collected. Any pcu-son commencing business who shall not give the notice as here- in re([uirod, shall be liable to pay a penalty of forty dollars, to be recitverod at the police court, and if the fine be not paid, to be im])iisoned in the counnon gaol for not less than ttiirty days nor more than ninety, but in case it can be shown at the trial that the party did not wilfully violate this clause, the court may remit the penalty. — -(S. 75, c. 28, 188.3. 354. In the event of persons so cominencing business not giving notice, as herein ])r()vided, the Board of City As- ses.sois shall notify and assess any such party commencing business after the general assessment has been made. — fS. Tt), c 28, 18S3. 3.')"). The city collector shall within fourteen days after the first (lay of February in each and every year, prepare, have |>iirited and posted up, for the information of tin; citi- zens, at the ex[ionse ot the City ef Halifax, in the offices of n 83 the mayor, city clerk, city treasurer and city collector of rates and taxes, lists of all the indi«?iduals, firms or corpo- rations, rate-payers in said city, whose rates and taxes were unpaid on the first day of February immediately preceeding such publication ; such list shall remain posted up in said oftices for at least thirty days from the date on which they were first posted up, and shall contain the name and occu- pation and address of each person, firm or corporation, so far as the same can be ascertained by the chief collector, and the amount and nature of all the rates or taxes including arrears due by each respectively, and a printed copy of the foregoing shall be furnished to each alderman. If the city collector shall neglect or refuse to prepare and post up such list, as hereinbefore directed, or shall wilfully or knowingly omit therefrom the name of any person, firm or eorporatiop, whose city or water taxes or rates were due and unpaid on the first day of February immediately preceding the post- ing up thereof, he shall be liable to a penalty of two hun- dred dollars, which may be recovered by any person who will sue therefor in his own name as an ordinary debt. — (S. 77, c. 28, 1883. 350 All assessments made in the City of Halifax pre- vious to the passing of this Act are hereby legalized and confirmed. Sn. This e named and elected by the City Council, annually, the. i^T!a STTUZZsi^ x^ •♦' l;i «7 (heir duties, and if the estimate he approved tfie same or a •smafffr sum shall he f/ranted and paid out of the r/eneral reveuaes of the riti/, and placed at the disposal of the Jioard.—(S. 28;% 'and 298, c 81, 1864. o()9. The he'xUh fnapection of the Citf/ of Halifax shall he under the direction of the Board of Works, and the offi,- cers employed for that purpose shall carry out the institiX' (ions from time to time furnished them by tlie Board.—' {S. 3fU, c. SI, ISOl II.— City Engineer. 370. In order to improve, carry out and perfect the public works of the City of Halifax, the City Council shall uppoint a competent engineer, of not less than seven years standing, for the City of Halifax, and vote and jwiy to him out of the city funds such a sum of money as the said coun- cil tnay deem proper for such services. The said engineer to hold office until he sliall resign or be removed by a vote of two-thirds of such council ; and he shall perform such duties and complete such works as he shall be instructed and diiected by the board of works to conduct and perform. — [S. 7, C. 34,1872., 371. The City Engineer under the direction and con- trol of the Board of Works shall superintend the general state of the streets within the whole city, or such wards or districts as the Board of Works may place under his charge, Jihall attend to the laying out, widening, elevation and re- pairs of the same, and making repairing and improving of any bridges, drains, sewers, gutters, channels, pavements and side-walks, within the same, and shall give notice to the Board at Works of any nuisance, obstruction or en- croachment therecn. — (S. 278, c 81, 1864. 372. The City Engineer shall inspect carefully all operations connected with digging up or opening streets for 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 the City Engineer shall repoH, if there be any neglect or improper proceedings therein on the part of companies or other.« opening such streets. — (S. 279, c. 81, 1864. 373. The City Engineer shall keep 3nch hooks and records of his proceedings as .shall be ordered by the City Council or the Board of Works and shall furnish plains and, reports whenever required to do so by the City Council or the Board of Works. y'i l^ 88 III. — Streets. 374. After the passing of this Act all sums required for street service within the City ot Halifax shall be borne by and taken from the general revenues of the city. — (S, 2«J, c. 81, 18G4. 375. The sum which shall hereafter be required for street purposes within the City of Halifax, shall be raised by an equal rateable assessment on the real and personal estate of the citizens, as directed by this Act for tliat pait of the city revenue raised by assessment ; and the sum so raised «hall be paid in to tiie city treasurer, and become part of the general revenues of the city. - (S. 283, c. 81, 1804. 37G. The city council shall have power to lay out any new square, street, road, lane or highway, to enlarge, im- prove, make straight, alter or widen any square, stieet, lane, passage or public place within the city ; and for that puiposc to remove, when necessary, any buildings, projections, walls {ir fences, or portions thereof; to direct a survey to be made, and to appoint three comptitent persons, not being interested in said r(»ad or square, but who may be citizens, and shall be compensated for their labor out of the city funds, to appraise the damages to Ibe paid to those whose lands may be taken up to form the street, road or square ; ar whose buildings, walls or erections may be removed or destroyed in whole or in part, for the improvement of any street, square, lane or public passage. — (S. 2G0, c. 81, 18ni. 377. The appraisers shall notify the parties interested, and hear them if required, and the appraisement being made by the three appraisers, or any two of them, notice hhall be given to each person whoso land is taken, or whose buildings are to be removed in whole or in part, or to his' agent, ten days at least before the meeting of council at which it is to be confirmed. The council shall give any jiarty objecting to the appraisement an opportunity of mmg heard and of proving his objection* by testimony. It the ex[)ensef -k'ld damages appear to the council excessive when eompareu ith the utility of the work, they may suspend or abandon the undertaking at any period, compensating for any dama;^e actually done. — (S. 261, c. HI, 1804'. 378. In a{)praising the danmges to be paid to the pro- jirietor of lantl taken for opening, altering, or widening any .street or s«pjare in the city ot Halifax, aivler thi preceding xection, the appraisers shall take into account the r. i-itive beni'fit as well as injui v thereby occasioned to thereniu ler of his laud, adding thereto the esiimates of fencing, it any 'Vm,»*^vm'm*m^i',,t„m^: I 89 4 .should be rendered necessary by the proposed improvement. No payment shall be made in respect of fencing until the fencintr shall have been actually ei-ected. Nothing in this act shall prevent the city council from entering into any agreement with the proprietor or proprietors of said lands, as to the amount to be paid for any land so taken. — -(S. 1, c. 41, 1870. 379. Hereafter no proprietor or possessor of land in 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 or the Board of Works are authorized in their dis- cretion, wholly or partially, to clo.se up and obstruct any road, street, lane or thoroughfare whatever, of less than sixty feet in width, which may be hereafter laid out or opened, or which may liave been so laid out and opened, contiary to law.— (S. 262, c 81, 1^6. dSO. The City Council shall have power by bye-laws to pass any regulations, and to amend or alter the same, necfssary for preserving the streets from encroachment, aii'l j)revent any projections, balconies, signs, cellars, doors, or other erections, which may be prejudicial to the streets, and to remove and prevent all incun.brances thereupon. — (S. 263, c. 81, 1864. 'V^\. 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 the city, the streets and side-paths, anil for compelling the owners or occu]>ants of tenements to keep clean the .side-paths, and to remove or .leposit ofial, 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 }>enalties for non-compliance with the rules ari.d regulations so made, as may be thought just. — -(S. 3(iO, c. '^l, 1864. 382. The City Council or the Board of Works shall re- move all incumbrances upon the streets, jtrevent encroach- ments theieon, make alterations and improvements thereon as required, open new streets when authorized, make and rej)air bridges, and cause to bo observeil the lav/s touching street ami bridges, or the work to be perforuwtl thereon.— (S. 264, c 81, 1864. 8S3. The City Council or the Boaril of Works .shall fron; tiuie to time causi^ the streets of the City ol ilalifa.x. to be cleaned, re[)aired, raised, sunk, altered or paver brouglit into the streets, materials from the shores of the harbor, d jing as little injury as possibla in any case to the proprietors of Uic .soil, and may employ 1 1 \ II 90 and pay boatmen, carts and laborers, as they ma}' judge conducive to the accomplishing the designs of this chai)tefy and may also make contracts fur the repairin(T and paving the streets, and may put up bars and fences to shut up streets* while undergoing repairs, and may raise, sink, alter, or ne\\' lay drains, water courses, pipes and sewers, as they may think proper, causing as little detriment to individu ils as the case will admit of, and may cause the course of gutters, water-courses, or channels, running in or through the streets, to be altered as they shall think proper. — (S, 263, c. 81. 18G4. 384. All persons shall keep the side-walks, gutters and streets before the houses, buildings, or land, inhabited or occupied by thenj, free from dirt, filth and nuisance of every kind ; and whenever any incumbrance or nuisance shall be foun«l in any of the streets, the person before or nearest whose house, building or lanfl '^^ .^ same shall be, shall forfeit four dollars, and also pa^ xpense of remov- ing the same : the Board of Worfc'i cause the removal thereof without giving notice to tL, wner or being in any way answerable therefor ; but no person shall be liable to this penalty, unless he shall have placed the nuisance or incumbrance in the street where found, or not having .so placed it, shall sutfer the same to continue twenty-four hours without giving notice at the police office. — (S. 260, c. 81, 1864. 385. Persons by leave of the Board of Woyks may place in the streets materials for building, and erect posts, ba's or enclosures, for securing such materials, and continue tlie same for such time as the l>oiird of Worlin may give leave, and in manner as they shall direct, and not longer or otherwise,^ on pain of foifeiture. — (S. 207, c. 81, 18li4. 380. The City Council n)ay cause wells to Ije dug, and pumps to be placed thm'ein in the streets or roads of the city where they shall judge necessavy and convenient, in manner as they shall direct. — (S. 268, c. 8l, 1804. 387. The City Council or the Board of Workn shall cause all things belonging to any building or cellar, or to any ground or enclosure thereof, which may occasion atiy nui.sance, encroachment or annoyance in any street, to be lemoved or altered in manner approved by them or the City Eugineer, or if it can l>e" done without i>articular in- convenience to the public, they may suffer the same to remain, upon the proprietor giving security that it .shall not be repaireiilt, and also ]iaying io the city a ?ea.souable annual ground rent for the .part of the street en- • i * ,Mi»^t^iM^„:M^iA 91 rt'oached on during the continuance of the encroachmonfc. — (S. 269, c. 81, 186-t. 888. Persons intending to build upon or close to the line of a street, shall before digging a foundation or begin- ning the building, apply to the Board of Works or the City Engiri'cr, to cause the line of the street to be defined and laid out) and shall defray the expense of a surveyor, if neces- sary to employ one, and shall dig the foundation and erect the building within tl line, avoiding any encroachment : and if any |)erson shall erect a building upon the line of the street without making such application and having the line so ascertained, he shall forfeit forty dollars, and shall also i'cmove the encroachment, or otherwise the City Council or the Board of Works may cause the same to be removed, or take the stejis by law allowed in cases of common nuisance. — (S. 27U, c. 81, ISCA. 389. When the Board of Worka or the City Engineer shall have proceeded to ascertain the line of the str-eet on application of any person about to build thereon, and he sliali be dissatisfied with the line pointed out hy the Board vf Wurka or City Z/'.i(/t(tetr, a judge of the iSupremu Cuuil shall, upon application of either party, issue a precept to the sherirt'or his deputy, to summon a jury of twelve disinter-- -ested freeholders, to meet at some convenient day therein mentioned, to view and lay out the line ; and the jury shall have an oath administer'ed to them by the sherifi:' or his de- })uty, well and truly to lay out and establish the line of street accv>rding to their best judgment ; and the witnesses tendered shall be sworn by the sherifi' or his deputy ; arrd ifthc jui-ors or either party retjuire it, a now survey of the ^ine shall be ina(.,e, and the sherifi" shall make a return forth- with under the hands of himself and tiie jurors to the judge who, if he shall ajjprove ther-eof, sliall confirm the return, and the same shall bo filed in the Prothonotary's office, at Halilax ; but if the judge shall not appr-ove of the return a new precept shall be issued, and further proceedings had thereon in manner prescribed as to the first precept, and so «n, until a r-etur-n be confirmed ; and the judge shall direct how and by whom the expenses of the proceeding shall be paid, and the same shall be taxed by the judge, and shall not exceed forty dollars.— (S. -271, c. 81, l8(i4. 390. No person shall brt^ak up the soil of any street without fir-st making aj^plication to the Board of Works in writing, specifN'ing the purpose tui which such breaking up is required, and obtaining their permission thei'ef )r, in writing ; and the committee may impose such terms up(jn the person applying, as the security of passengers shall ap- ) I I i I "''^^BIHiiaK^f^ 92 pear to them to rc()niro ; and any poison actinpf contrary ti; this aection or to terms imposed l»y the Board of Works, sliall for every oflence forfeit twenty dnihirs. — (S. 272, c. 81, If (64. .S91. Every person who shall designt'dly and unneces- sarily drive any carriage, or ride over a side path, or rdl or place heavy articles over or on the samo ti» the injury or obstruction '-fthe side path, shall, for every (iHence, for- foit not less than one dollar nor mi tie than eight dollars. — (S. 273, c. HI, 1864. 392. Thi City Council shall have all the powers by law vested in the surveyors of liighways ; and no surveyors of lii^^hways shall have any ]iowers within the City of Hali- fax.— (S. 274, c. HI, 1S64. 393. Moneys and forfeitures j^ayahle under the fore- going sections, may be sued for and recovered by the City of Halifax, in ihe name of the city, in the same manner, and with the like costs, as it they were private debts, and when recovered shall be applied by the City (.'ouncil to the re])air of the streets, or other the puri)0ses of the .streets. — (S. 275, c. HI, 18(i4. 394. The City Council shall make by-laws, orders and regulations for lighting the city ; and thty nuiy nuike any nccesaar)' contracts on Iwhalf the citv tor that puritose. — (S. 4(*9, c. HI, 18()4. IV. — Brick Sidk-walks. 395. The owners of real estate fronting on the streets within the following limits, viz., from the foot oi Cornwallis Street alens/ Water Street, to the north side i>f Morris Street, thence westerly to Pleasant Street into Barrington Street, thence along Barrington Street to Buckinghaui Street, theiice down Buckingh.irn Street to Water Street, tiience along Water Street to the place of beginning, i)i- cluding all cross streets within these limits, shall provide and supply brick, and cut gianite curb.stone, to the satis- faction of the Buiii'd of WorliK, which shall be laid down at tiie expense of the city : piovided that where brick or stcme side- walks shall be already laid down, which shall in juilgment of the committee be go(>d and sulhcient, they shall not call on the owner or owners of the lots in front oi which such side-walks are laid down, to provitle bricks or granite as before directed ; but if such stone or brick side-walks shall not in the judgment oithe Board of Works be equal in quality to those being laid down under their direction, or shall not be of sufficient width or of pio^er H i. if I ^ f ! I 99 grade, then th»f Board of Works shall proceed under the provisions of this Act, as if no such brick or stone side-walk were already laid down — (••* 287, c. 81, 18G4 390. Within the limits in the last section defined, it sliall be in the discretion of the Board of Worku to com- mence and carry on the work of laying down such side- walks of brick or stone in any i)laces or streets they may think fit.— (S. 288, c. 81, 1864. 397. If any owner of real property shall nofjlcct or refuiHi within thirty days after notice to that effect from the Board of Works or City Engineer, served on tht; owner or agent, or left at his last place of abode, to provide such bricks and j^ranite, the Board of Works shall provide the same, and the cost shall be borne by the owners or owner of the real property, and the cost, shall be recovered as a debt in any court having jurisdiction as to the amount ; and a minute of the amount thereof verified by the oath of tlie City Engineer shall be recorded in the office of the rpf^istry of deeds for the County of Halifax, and shall bind the real estate in the same manner as a registered judgment would do.— (S. 289, c. 81, 1864. 398. The Board of Works shall have ])ower to lay down stone crossings, in any street or portions of the City of Halifax, where they may deem proper, — (S. 290, c. 81, 18G4. 399. It shall be lawful for the City Council from time to time hereafter by a resolution passed by a majority of the whole council at any meeting, to extend the limits within which the Board of Works shall have power to cau.se .side-walks to be laid down as at'oresaid ; which resolu- tion shall define such additional limits, and shall be published in at least two newspa|ters published in Halifax, for the space of one month. — (S. 293, c. 81, 1864. 400. The owners of property where brick or stone side-walks have been or are being, or hereafter may be laid within the City of Halifax, shall provide stone conductors for carrying off the water from the conduits to the gutters ; and where hatches or openings to cellars are placed in the side-walks, such owners shall provide stone for the same at the time the conductors are ]>rovided. — (S. 5, c. 50, 1863. 401. When any owner of property shall fail to provide the stone as directed by the last s tion, the City Council or the Board of Works are here authorized to provide and fuinish the same ; and the pric or sum paid for con- tluctors and hatches, or openings shall be recovered against the owner of the property in the name cf the City ot IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I 1.25 m Mi MS Ilia IIIM m • 40 1.4 M 2.2 1.6 6" <^ %. 7W on. /A Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 145S0 (716) 872-4503 ^v q v :0^ :\ \ ^9> V ^4.''^ ^ ^ ^ c^. <° Mp^ > S- Q.r C/a 94 Halifax, in the same manner as any debt due to the city.— (8. 6, c. 50, 1863. V. —Fences. 402. The owner or occupier of every vacant lot abutting on any street, lane, road or other high way within the City of Halifax, shall fence in the same within six days after re- ceiving notice to that effect from the Cit}' Engineer-; and shall keep and maintain ^:uch fence in perfect repair to the satisfaction of such City Engineer. — (S. 2, c. 9, 1873. 403. Every such fence, i*" closely boarded, shall not be less than 6 feet in height. If of a. v other description it it shall be suificient to protect the Hti<;«t.'i.is '. ^be public from all nuisance or inconvenience, but shall ii» u • case be les.9 than five feet in height. — (S. 3, c. 9, 1873. 404. Any persons violating the provisions of the two next preceding sections, of this Act shall, upon conviction before the Stipendiary Magistrate or other officer presiding at the Police Office, forfeit and pay a penalty not exceeding fifty dollars for each offence ; and in default of pay^nent a warrant of distraint shall issue against the goods and chat- tels of the oftender for the amount ; and if no such goo'i.-* and chattels be found then the offender shall be imprisoned for a period not to exceed three months. The fine, if paid, shall be paid into the funds of the City. — ^(S. 4, c. 9, 1873. 40a. Hereafter all persons bringing into the city of Halifax, hay, straw or other country produce in cai'ts, wag- gons, sleds or other conveyances, may exjwse for sale and sell the same in such carts, waggons, aled'j or conveyances npon the streets of the city, any provision of this Act or any by-law or ordinance of the City of Halifax to the ctmtrary notwithstanding ;, and every snch pro- vision, by-law and ordinance, so far as the same i.s inconsihtant with this Act, is hereby repealed : provided that at least one half of the street, exclusive of the sidewalk shall bo left clear and unobstructed.— (S, 1, c. 46, 1863* VI. — SkweTvS, 40ft Tho City Council shall have power to repair and improve drains and sewers, to lay out, excavate and com- plete new drains and sewers, and to make bye-laws and regulations for protecting and keeping free all drains, sewers and water-courses, within the City of Halifax. — ^S. l,c. 48, 1860. 407. Whenever one' half of the owners of property on any street or thoroughfare shall petition the City Council 05 for the construction of a common sev/er or drain, and shall have deposited with the city treasurer the amount charge- able, according to the provinona of this Act, to each owner whose signature is on the petition, then the City Council shall, unless for sufficient reason to the contrary, order the same to be constructed within a reasonable time. — (S. 1, c S2, 1874. 408. Every petition for a common sewer shall be made out upon printed forms provided for that purpose, and to be obtained at the city engmeer's office ; and every petition shall clearly state the locality in which the new sewer is required, the points between which the petitioners are •desirous of having the same constructed, the distance in feet between such points, the names of the owners on either side of the street, and the frontage of each property charge- able under provisions of this Act. All such names and measurements shall be properly taken by some competent person, who must certify to their correctness. — (S. 1, c. 32, 1874. 409. All petitions for common sewers or drains pre- sented to the City Council shall, before any action is taken thereon, be referred to the City Engineer, whose duty it shall be within a reasonable time to examine to same, to test the measurements therein given, to ascertain the probable cost of such common sewer or drain, and the actual amount to be derived from property owners according to the provisions of this Act, together with all information which may be necessary ; and he shall report the same to the City Council with as little delay as possible. — (S. 3, c. 32, 1874. 410. In the event of the City Council refusing to order the construction of any sewer for which a petition has been so prepared and sent in, the city treasurer shall refui'd to ■each owner, whose signature is U|>on the petition, the •amount which has been paid to such treasurer, by or for such owner, as required by this Act. — (S. 1, c. 32, 1874. 411. The cost of constructing any common sewer or drain in any street, lane, court or thoroughfare, or section of the same, shall be boitie and paid in the following manner : Each owner of real estate, sitnated on either side of such street or thoroughfare, shall pay to the citj the sum of one dollar and twenty-five cents, for each and every lineal foot of his [)ropeity fronting thereon. The remaining expense shall be born and paid by the city. The following properties only shall be chargeable as above and assessed for the construction of new sewers : First, — All properties lying on either side of the street, 'lane, court or thoroughfare, through which the new sewer si -/^fVf^'tirf.^S-la^f^SII^: m to pass, and opposite to the sewer. Second, — All properties situated at or near the upper end or termination ot such pro- posed sewer, shall pay the same rate as if the sewer were to pass in front of such properties for their entire length, pro- vided that in no case shall any such property be assessed for a greater length of frontage than sixty feet beyond the ter- mination c" the sewer measured along the side line of thu street from a point directly opposite to the end of the sewer. Third, — ^. ny corner property, where a sewer changes direction from one street into another or where a sewer is to be constructed '.n each street, shall be entitled to a deduction equal to the frontage oi the smaller side of such property provided that such side iloes not exceed forty feet in length. In cases where this length is ej:ceeded a deduction equal to forty feet only will be mad?. Fourth, — Any other property not otherwise chargeable under the provisious of this Act, but which will be benefitted by any new sewer, will be re- quired to pay to the city the sum of twenty-five dollars for the privilege of draining into the new sewer. Such sum to be paid for each connection with the sewer and to be payable previous to granting a permit to connect therewith. For the purpose of this Act the term " new sewer" shall apply to all sewers or drains con.structed aftei the passing thereof.- (S. 2, c 33, 1874. 412. It shall be lawful for tlie City Council to order the construction, alteration or repair of a common sewer in any street or elsewhere in such city, although no petition has been or shall be presented to such council.— (S. 1, c. 37, 187G. 413. In any case where the City Council shall determine to construct a common sewei in any street, without a peti- tion they shall ascertain through the city engineer or other officer of such council, or of the Board of commissioners of city works, the distance measured along Kuch street between the points between which such sewer is to be constructed, the names of the owners on either side of the street, and the frontage of the property of each of such owners thereon ; and each such owner shall pay to the city the sum of one dollar and twenty-five cents, for each and every lineal foot of his property Ironting on such street. The ninuining expense of the construction of such sewer shall be borne and paid by the city.— (S. 2, c. 37, 187G. 414. AH moneys chargeable and to be assessed upon property owners under the authority of this Act, shall become due from the date of the order or resolution of the City Council to construct any new sewer, whether such sewer has been petitioned for by interested persons or has !. 1 07 been ordered by the council for the benefit of the city without such petition, and shall be payable to the city treasurer within ten days from the date of such order or resolution. And any person who neglects to pay his just proportion of the evpenses of constructing any new sewer as herein defined and called for, shall after receiving fire days written notice from any authorized officer of board the of city works, be sulject to the penalty provided in section 427 of this Act. And the amount or au'ounts due by him, her or them, as the case may be, shall be sued for in any court of comj)etent jurisdiction and recovered in like manner as a civil debt. - (S. 2, c. .S2, 1874. 415. The Board of Commissioners of City Works under the sanction or by the direction of the City Council may order the construction or repair of any sewer or dram in any street, highway or thoroughfare, or any work connected with such sewer or dram. — (S. 1, c. 14, 1873. 416. Whenever it shall be determined by such board to construct a common sewer, or whenever any street or high- way shall be about to be newly paved or repaired in which a common sewer shall have been already made, public notice shall be given to the inhabitants and proprietors of propyl ty on such street or highway specifying the time within which thoy may connect private drains from their houses, yards, or lots of land with such common sewer. — (S. 2, c. 14, 1873. 417. All public sewers and drains shall be repaired and kept in order at the expense of the city ; and all private drains in connection therewith shall be constructed and kept in order by the proprietors respectively benefitted by such private drains, but under the supervision of the City Engineer or other proper officer. — (S. 5, c. 14, 1873. 418. The Board f^f Commissioners of City Works shall have power in all ca where there is any common sewer in any street or thoroughfare to cause every owner of land adjoining such street or thoroughfare, or his agent, to make a sutticient drain from his house, yard or lot, whenever, in the opinion of the board, the same shall be necessary ; 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 costs and charges of such owner or agent, the amount of which may be recovered by an action in any court having jurisdiction over the amount. — (S. G, c. 14, 1873. 411). All private drains shall be laid in such direction, I **«^l(B^™i '»T-»^rder to secure to the inhabitants of the city a con- tinued and abundant supply of pure and wholesome water, and to prevent frauds being practised in connection there- tuith.—(S. 633, c. 81, 1864. 434. The City Council or the Board of Commissioners of City Works are authorized to direct and cause the water to be turned oft' for non-payment of water rates, or for any violation of the laws, ordinances, by-laws or regulations respecting the water or water works of the City of Halifax. — (S. 1, c. 34, lri76. 43.5. The Commissioners of the Board of City Works with the sanction of the city council, may from time to time at such times as they may deem ex])e(lient, improve, extend and enlarge the water works of the city, or make and con- struct new works and lay new pipes, and do all things necessary to aftbrd a sutticient supply of water. — (S. 60.5, c. Ml, 1864. 436. The service pipes for water supply to houses, buildings or establishments shall be earned at the public expense, from the mains to the side line of the streets, when it shall seem expedient to the commissioners to lay such pip(!S, or when required 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 the wall of the house to which water is to be supplied, upon permissi*M>emm'... 103 as an ordinary inquest held before him, and shall be equally borne by the city council and the party complaining, whose moiety thereof shall be deducted and retained out of the amount of damages assessed. — (S. 615, c. 81, 1864. 44.5. ' Persons intending to build or erect any dwelling- house or building in any street of the city, shall, before pro- ceedinsr with the work, give notice in writing to the Board of City WorJc8 of such intention, in order that the proper water supply may be provided, under the dii-ection of the Board during the progress of the work, and in case of neglect to give such notice, the party so neglecting shall forfeit and pay a penalty of twenty dollars : and the Board of Works, shall forthwith proceed to execute the requisite works upua the premises at his expense ; the costs of which, together with the penalty, shall be recovered in manner hereinaf'^er provided.— (S. 616, c. 81, 1864. 446. All mains, hydrants, service pipes and other works connected with water supply of the city, .shall be deemed and taken to be the propei-ty ot the City of Halifax for all legal purposes; and all wilful or malicious injuries to the same shall be deemed felony. — (S. 618, c. 81, 1864. Note.— Sections 598, 601, 602, 604, 610, 611, 613 621, 622, 623, 624, 62.5, 626, 627, 628, of Chapter 81 , of 1864, Section 7 of Chapter 8, 1873. Section 5, Chapter 34, 1876, Sec- tion 2, Chapter 34, 1874, publislied in the last Charter, arciniittcil a-s havin^heen repealed anil no lonjrerapp icablo ; and ptrts of Sections 663, 608 and 610. Cliapter 81. 1804 have bei:n retained and amended, so as to apply to the changes made by the Board of Works Act aud the Assessment Act. VIII. — City Property. 447. All and singular the lands and real estate, and all buildings thereon, which at any lime heretofore have been granted or conveyed to, or by any body politic or corporate, or any person whomsoever, in trust for the use and beneht of the Town of Halifax, or of the inhabitants of the town or peninsula, or for any public use and purpose within the same, or used or appropriated for any such public purpo.ses ; and all lots and parcels of land, originally laid out or allotted, or now held for any such public purpose, or wherein the Town of Halifax, or the inhabitants of the City of Halifax, or any body politic or corporate, or other person on behalf of the town, or for any public use, have, or hath, any title, interest, right or benefit, at law or in equity, — including the land whereon the powder magazine stood, and the water lot and tenements belonging thereto, the passage to the fish market bought from the Board of Ordnance by the city, the lot of land at the North- West Arm, the public markets, Rockhead Farm, and the lands attached thereto, Bridewell, the water lot near to the kii 104 {■ Freshwater Bridge, the Oity H(i.spital, the water lot y)urchdscil from Doctor Cogswell, the watei lots at the south end of the Basin, ))ublic landing places or slips, the steamboat landing or property, the new cemetery on the common, the common on the peninsiila, and the various lots of lands on which the engine houses now stand.-^are hereby absolutely vested in and transferred to the said Corporation or City of Halitax, and shall be by the said Corporation or City of Halitax, held, used, and occupied; (so long as this Act shall remain in operation) iu fee simple, for the public and common bent;tit and use of the City of Halifax, acconling to the true intent and meaning of the original grant, puicliase, conveyarieu, or assignment of the sauje respectively, subject, neverthtiless, to and saving any interest, property, possession or right, which may have been acquired by any person, under and by virtue of the statutes of limitations, and reserving to all jjersons whomsoever, all charges, cncuuibrances, claims, and demands, whether at law or in ecjuity, now subsisting upon or against the said re&l estate, or any part thereof, and the same shall be and remain a charge upon and against the said Corporation and City of Halitax, its estates, property and effects, excepting herefrom the pulilic penitentiary, the gaol, the churches, or other places of wf)rslii(>, the glebos, school houses, and the grounils thereto appertaining, which are not intended to be affected by this Chapter. — (S. 173, c. «1, 18(i4; S. 1, c. 26, 18.S1. 44s. The City Council may apply the property of the city known as the North Fish Market, and the whaif and slip thereof, to such use or purpose as they deem for the l)enefit of the city : provided a lanerty shall be under the city stamp or seal, signed by the mayor and countersigned bv the city 'jlerk.- (S. 17(), c. 81, 1804. 450. The City Council of Halifax may use, appropriate, let or demise the building within tlie City of Halifax, known as the City Market House, in sucli manner and for '^ueh puri)oses as they may deem most beneficial and advis- able for the interests of the corporation. — (S. 1, c. 44, 1875. W. M 105 IX.— Grand Parade. 451. All that portion of the Grand Parade (so called) in the City of Halifax, which lies south of a line fifteen feet tlistaiit from and parellel to the pavement in front of the Dalhousie College buildings shall continue to be vested in the City of Halifax, their successors and assigns for ever absolutely freed and discharged from all light of way, ease- ments, liens, charges and encumbrances which any person has or ever has had in, upon or over the same, provided, however, that it shall not be lawful for the City of Halifax, to sell or lien, encumber or dispose of so much of the same as lies north of the northern line of George Street, extended accross the said Grand Parade (so called,) but the same shall at all times hereafter be kept open and unbuilt upon, ex- cept for the jjurposes for beautifying or improving the same as a public square or garden. — (S. 1, c. 32, 1883. 452. All the remaining portion of the said Grand Parade shall continue to be absolutely vested in the Governors of Dalhousie College, at Halifax, their successors and assigns, for ever, free and discharged from all rights of way and ease- ments now existing thereon. — (S. 2, c. 32, 1883. 453. It shall be lawful for the Governors of Dalhousie College at Halifax, their successors and assigns, their Pro- fessors and Students, their Agents and Servants, and all and every other persons and person having occasion to use enter or depart fr<»m the said lands and building hereby declared to be vested in the Governors of Dalhousie College at Halifax, from time to time and at all times at his and their respective will and pleasure to go, return, pass and repass either with or without horses, cattle, carts, waggons and other carriages, a free and convenient way of the width of at least fifteen feet from Barrington Street, in, through, over and along all that portion of the Grand Parade (so called) which lies between the northern line of George Street ex- tended as aforesaid, and the said Dalhonsie College Building. — (S. 3, c. 32, 1883. 454. The City of Halifax shall pay to the Governors of Dalhousie College at Halifax, on the first Tuesday of June, in every year so long as they will maintain a College within the corporate limits of the City of Halifax, the sum of Five Hundred DolUrs, to be expended by them in scientific or technologic^,! education in such way as they may deem ex- pedient ; and in the event of any special chair in technology or mechanics being founded in said College, the said money shall be exclusively applied in aid of such chair, and such sum shall be anni Aly assessed upon and included in the lUG general aH8osarriftnt of the City of Halifax over ar\r\ altove any amount now allowed by law to bo •t.ssessod. — (8. 4, c. 32, 1H83. TITLE VII. Public Health. I. — Board of Hkalth. 45.5, The mayor and aldermen of the City of Halifax shall conHtitute the Board of Health for the said city. — (S.3(;2, a 81, 1H()4. 4.t(5. The city council .shall appoint a clerk of the said board, ard make compensation to him out of the funds of tlio city for his services. — (S :}03, c. HI, 1HG4. 457. In case of any contagious or infectious disease ex- istinji^ or s])readinf^ among the citizens, the council may expend to the auK^nnt of two thousand dollars in support of the hospitiil, and for the accommodation of the sick of the city, and a.ssess the city for the sum expended. — (S. 304, c. 81, 1804. 45&. The city council shall appoint health insp^^ctora for the City of Halifax, and xhall define the limits of their respective jurisiliction ; and may Hx thu timn, nottoexceel one year, for which such appointment shall be in force. All such inspectors Hhall be sworn into office. — (S. 305, c. 81, 1804. 4.59. The city councd .shall constitue a court under this Title, and all orders by the court shall be forthwith execut.eil notwithstanding any appeal therefrom — (S. .300,0. 81, 18(14 460. The city council or board of htialth may make orders for prohibiting the introduction into the city, and tor preventing the sale and the otiering for sale of any kind of uncleaned fish, and for proi^enting persons from throwing offal into any place likelv to be offensive or dangerous to the public health,— (S. 320, c. 81, 1804. 461. The city council may from time to time make ordeLs, fixing the extent and limits within which the .slaugh- tering and dressing of animals for fiod shall be prohibited or conducted, under jienalties not to exceed forty dollars for any one offence.— (S. 321, c. 81, 1804. 462. Any person who shall violate any of the orders made under this chapter, or shall obstruct any officer acting in discharge of his duty, .shall forfeit a sum not exceeding forty dollars, and on non-payment be imprisoned in the city pri.son for ninety day.s. — (S. 322, c. 81, 1864. 107 403. The mayor and every alderman of the City of Halifax shall have, and may at his discretion exercise within the city, all authority and duties of health wardens, under any law of the province or ordinances of the city, or sani- tary rules, regulations or orders made or hereafter to be made by the governor in council or board of health. — (S. 1, c. 43, 18C6. 464. The city council are hereby authorized and em- power 'd to lay out and expend such sums of money as shall be found necessary at any time, or from time to time, upon the presence or apprehension of contagious or epidemic disease, to thoroughly cleanse and purify and keep clean, repair and put in order all sewers, drains, yards and places within the city, or to carry into effect all sanitary orders of the board of health or health wardens, or which shall be requisite to protect the public health. — [S. 4, c. 43, 18GU. 46o. The city council are hereby authorized and em- powered to borrow on the credit of the City of Halifax, all such sums of money as may from time to time be necessary for tlii^ purposes, and to carry out the objects contemplated in the last preceding section, such sums not to exceed five thousand dollars; and the real and personal estate of the city shall bo liable to the lenders for the repayment of all money advanced under the authority of this Title. — (S. 5, c. 43, 18(j(!. 46(! The city council are hereby authorized and em- povered to assess, from time to time, the rate-payers of the city over and beyond the general assessment, for all sums, borrowed or expended under the authorit}' o^ the preceding sections of (his Title, the assessment to be made by the hoard of < 'ity Assessors, at the same time and in the same manner as the general assessment, and to be added to the then next general assessment roll, and to be collected at the same time and in the same manner as that assessment. — (S. G, c. 43, 1806. II. — City Medical Officer. 467 The City Council shall, in the present and every succeeding year, on the day fixed tor the general election of the orticials, elect a city medical officer, for the ensuing civic year, who shall be a legally qualified medical practi- tioner of not less tlian five years standing, and who shall hold office ill the same manner and upon the .same general terms as other city officials. — (S. 1, c. 43, 1875! 4(i8. Such city medical officer shall rect'ive such yearly salary, not less than six liumlred dollars and not exceeding one thousand dollars, as the city council may from time to f '^ ''WWw^^K^ff-'r^ev •If 108 time determine ; which shall be added to and paid out of the general assessment of the city. — (S. 2, c. 43, 1875. 469. The duties of such city medical officer shall be : (1.) To peribrm the services now or formerly performed by the city medical officer and by the surgeon ot the city prison. (2.) To act as the medical adviser of the board of health, the city council, the sanitary committee, and the health inspectors. (3.) To attend all meetings of the board of health, and. when requested by the chairman, of the sanitary committee. (4.) To visit when requested by the mayor, the chair- man of police or other committee of the council, the city marshal, treasurer, clerk, engineer, or other head of a civic department policemen or other officials or employes of the city council, board of health or board of commissioners of city works, absent from duty on th«» ground or plea of ill health, and to report to the proper authority as to the nature of such illness. (5.) To attend gratuitously to policemen, firemen or other city officials or employes injuied in the performance of their duties as such, and also to persons brought to the police station and requiring immediate medical attendance. ((j.) To attend at such times and places as the boartl of health or the sanitaiy CDUunittee, with the approval of the city C( ancil, may fix, for the purpose of vaccinating, and to vaccinate free of charge, such persons as the board of health may determine ; and to see that public notices of such gratuitous vaccinations are duly given in such way as the board of health shall prescribe. (7.) To visit and report upon all cases of alleged con- tagious disease which shall be brought to his notice, and also all such cases of alleged nuisance as the city health inspectors or health wardens may not be competent to dispose of. (8) To report before the close of the civic year, upon the business transacted and such other mattei's as he may deem of interest. (9.) Generally to perform all such duties as may be reasonably retjuired or prescribed by the board of health or city council, or as usually are performed by the medical officers of cities. — (S. 3, c. 43, 1875. 47<). The health in.spectors and health wardens .shall, for sanitary ))urposes, be subject to the orders and directions of the city medical officer. — (S. 4, c. 43, 1875. 471. The city medical officer shall not interfere with m # the instructions therein contained and emjiloy such force as may be requisite to carry the order into effect ; and such written order .shall be a sufficient juirtitication to the constable, and the force he may employ who shall enforce the same. — (S. 'VlU, c. 81, I8(j4. 474. If "any per. son sick with contagious or infectious disea.se in any house or ])lace within tlie City of Halifax, in the opinion of the medical officer, cannot be removed, then the medical officer may cause such house or place, or any contagious house or place within the city, to be vacated by other occupants tor such time as the safety of the inhabitants shall require ; and the medical officer may enforce obedience by his order in the manner expressed by the })ieceding section. — (S. 327, c. 81, 18(34. 475. In any case where, owing to the absence from the city without leave, neglect or other mi.sconduct of tie city medical officer, any of his duties shall be necessarily per- formed by another medical |>ractitioner, the fees payable to such practitioner shall be deducted from the next pay- -.-j 1l> I :f am V I :$ 110 nient of salary made to the city medical officer : provided that nothing herein shall apply to the consult n<^ fees i»f medical practitioners called in by the city medical officer in very serious cases. — (S. 5, c. 43, 1875. 476. The city medical officer may at any time when he deHmc it necessary, call in a second physician to consult with him in cases where contagious or infectious disease is supposed to exist ; and such consulting physician shall be paid for each consultation out of the funds of the city. — (S. 328, c. 81, 1864. 477. Any person obstructing the city medical officer or any city constable acting under his directions, in the execution of any duty prescribed or contemplated by an order made under this Act, or who shall wifuliy disobey any order of the medical officer made to carry out the objects of this Act, shall forfeit and pay for every otionce, the sum of not less than four dollars nor more than forty dollars, to be recovered m the name of the City of Halifax, before the vStipendiary Magistrate in the Police Court to be paid into the civic treasury, or in default of payment, shall be confined in the city pri.son for a period not less tiian ten days nor more than ninety days. — (S. 329, c. 81, 1864. III. — Health Inspectors. 478. Health Inspectors, for the purpo.ses of this titl^ shall have charge of all streets, highways, passa.5es, vessels> wharves, docks, wells, markets, and market places, common^ sewers, drams, vaults, privies, and other places, and shall cause all nuisances and filth to be removed therefrom or destroyed, and may open and enter all places where ai\y nuisance or substance dangerous to public health, may be reasonably su,spected to exist ; .subject, nevertheless, to tlie conmiittee of streets of the city council, and to the control of the city council— (S, 307, c.'si, 1864. 479. Health inspectors shall execute and enforce all sanitary orders to them directed under this title, in the several sections relating to infectious diseases and rabid animals.— (S. 308, c. 81, 1864. 480. Every health inspector shall be entitled to such adequate compensation for such services aiul for charges* incurred about his duties, as the city council may allow. — (S. 309, c. 81, 1864. IV. — Various Sanitary Regulations. 481. Every dwelling house within the City of Halifax, shall be furnished with a suitable underground drain for Ill carrying of waste water ; also, with a suitable privy and underground vault attached thereto ; and the owner of such dwelling house who shall neglect to provide the same, shall forfeit a sum not exceeding eignty dollars. — (S. 310, c. 81, 1864. 4S2. All privies and vaults shall be built so that the inside shall be at least two (eet from the 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, c )urt, sijuare, public place, or public or private passage way. There shall be no communication between a p'"ivy and any public sewer or drain. Every vault shall be tight, and the contents shall be within two feetof the surface of the ground but the city council may give any other directions relative to tlu'ir construction. — (S. 3ll, c. 81, 1864. 483. When any privy or vault shall be reported offensive by the health inspector, the same within a reasonable time alter notice in writing to that effect, given to the owner or his agent, or the occupiuit of the land where situate, ma}' be ordered by the city council or health warden to be cleansed and disiufecLfd at the expense of the owners, agent, or oc- cu[)ant ; and in case of neglect, the .same shall be done under the orders of the health ins|)ector, who shall recover double the expense from the owner, agent or occupant as a private debt.— (S. 312, c. 81, 1804. 484. No vault or privy shall be emptied without a per- mit from the health inspector, and in no case between the fifteenth day of June and the fifteenth day of September, unless by order of the Mayor, or in his absence, of the pre- siding alderman, and then only inca.ses where it is absolutely necessary.— (S. 313, c. 81, 18(54. 485. All waste water shall be conveyed through drains under ground to a common sewer, or to such reservoir as a health inspector shall appoint. — (S. 314, c. 81, 18(54. 48(5. When it shall appear to the city council that any tenement u.sed as a dwelling house is so unfit for that pur- pose that the public health is endangered thereby, the city council may make an order in writing for its being vacatei()ns of the sections of this Act relative to fiiesarid firewards ; and may affix penalties for breach of any such regulations, by bye laws or resolution, not exceeding cAjlitij dollars.— (S. 402, o. 81, 18(il. 5l(). If any person shall wilfully destroy or injure any ]>ublie well, pump, tire plug, or lii/drant, or any ingine or file implements within the linuts of the cifij he shall forfeit twenty dollars, and in default of ])ayinent and u>< effects being found whereon to levy, may be imprisoned lor not more than ten days. — (8. 40.S, c. 81, 1804. .")17. If any oer.son wilfully and withuut icasdnable excuse, shall by outcry or the ringing of bells «/• stii'finfj (in niarm from any flie nhirvi teienvaplt hux or otherwise, make or circulate, or cause to be made or circidateil, within the City of Halifax, any false alarm of tire, he >hall be punished on conviction, before the police court, by fine of not less than two nor more tlian forty dollars, and in default of payment, may be imprisoned in the city pri.son for a I eiiod of not less than tlurty nor more than ninety days. — (6. 234, c. 81, 18(34. ol8. The city council may make such regulations as they may think pro[)er for carrying into effect the provi- sions of the above .section — (S. 23.'), c. 81, 1804. f \ it f^ 118 /)19. The citj' council shall have power b}' byo-laws to regulate the sweeping of chimneys, and to license sweeps, which at an}'^ time have been or shall be conferred by law upon tirewards, and to impose fines on neglect then'of, if any chimneys take fire ; and all suits for breacli of tlio law in this respect shall be prosecuted in the name of the city. - (S. 408, c. 81, 180 4. II. — FlREWAUDS, Ac. 520. The firewards shall annually appoint a chairman, who shall act as treasurer of the board, and .shall submit his accounts annually to the fiiewards to be audited and signed Ijy thorn and .submitted to the city council for exami- nation and approval. — (S. 404, c. 81, 1804. 521. The word firewards, when used in this Title shall include one or more of them, unless otherwise expressed, or repugnant to the context. — (S. 400, c. 81, 1804 522. Any person disobeying any order given by an alderman or a fiieward, witli a view to putting out a fire, or in drawing any engine ho'C red or hose, or other articles requisite thereto, may l>y order of the same, or any other aldernian or fireward, be immediately arrested and detained by any police man, firf» constable, or other person ])resent, and kept pri.soner for any space of time not exceediug two hours, in order that obedience to the fire authorities may bf enforced, and also that the name, abode and identity of the ort'ender may be ascertained, to enable the ofiicer dis- obeyed to prncetMl against him lor the penalty, then or after- ward'^, if iiece.'^sarv.— (S. 38.3, c. 81, ]8()4. 52.'i. I'lie officer or fire-m&n in chaige or command of any engine at the time of a fire in the city, shall have the same authority to command aid in drawing it to the fire as jf he were a fireward— (S 382, c. 81, 1864. 524. Upon the breaking out of a fins the firewards, taking their badges with tliem, shall forthwith repair to the spot and use thi-ir utmost endeavors to extinguish and prevent the spn-ailitig of the fire, and to preserve and .secure the property of the inhabitants, and may connuand the assistance of thi* inhabitants therein and in removing |)ro- perty out of any building actually on fire, or in danger there((f, atid ap])oint guards to .secure and take care of the same ; and may command assistance for the pulling down of buildings, or for other services relating thereto, to pre- vent the finther .spreading of fire, and to suppress tutnults and disoiiler, and duo obedienc;; shall be yielded unto them for those services, and generally at such fires ; and for any « i 119 ■(lisobeflience of their orders, information thereof shall within ton (lays next thereafter be given to the stipendiary magis- trate, 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 paiiod not exceeding ten days. — (S. liHii, c. 81, 1864. 525. Upon the occurrence of a fire in Halifax, four of the firewards or aldermen, or partly firewards and partly aldermen, and in the absence of four firewards or aldermen, 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 pull- ing down of such building shall have the effect of stop- ping the fire, or the fire .shall stop before it comes to the same, the owner of such building shall receive payment theiefore from the rest of the inhabitants whose houses have not lieen burnt, in manner following, viz. : the owner of the building shall as soon as maybe, make application to the city C'Uincil, who, if satisfied of the justice of the claim, shall make an order for the valuation of the damage so •iu.viaiiied, to be made by three indifierent persons; and such per.siins shall be sworn before an alderman or justice of the peace, to the faithful discharge of their duties ; and they or any two of them shall make return of their proceedings to the city council ; whereupon the city council shall appoint two (»r nioie assej^.sois, who shall tax the houses that have not been burnt, in such pro[)ortions as .shall be deemed just accinding to their value, tor paying the damages sustained by the owner for the buildings so pulled down, and also the charges for valuation, taxation and collection, to be settled before the making of the assessment ; and the assessors shall also report their proceedings upon oath to the cicv council ; and the city council shall thereupon issue an oider for col- lecting the moneys so assessed, and in case of non-payment the same hhall be levied by warrant of distre.ss, to be issued by the stijiendiary magistrate upon application by the col- lectoi' ; and when the assessments are collectel, the city council shall order payment to be made to the claimant of his damages, according to the approved report of the ap- praisers, and also the payment of the charges hereinbefore mentioned. 'Jut if the building pulled down shall be the building where the fire began or if any other building shall be pulled down, or be begun to be pulled down, which shall be on fire at the time the orders are given i' >v pulling the same down, or which shall take fire while su^h orders are being carried into execution, the ownei" of such building, ^ ' •< <# 120 slmll not bo entitled to any coinpensatitjn therefor. S. yiS7, c. HI, 1804. 526. Biiildinp;.-* coiiHtructeil of .stone or brick and covereil with inc()inb«»stiblii niuteriais, f*iiall bo exempted Irom taxa- tion under the next preceding section ; and .such buildings, when covered with oonibnstilile niateriaLs, sliall lie liable to an a.sses.^nlent upon iialf tlie vahie tiiereof oidy. — S. ."icSJS, c, SI, l«(i4 i')27. No person shall at a tire break open any building, or attempt to pull the same down, or order others so to do, unless ordeiB tier f t r shall have lieen first given by the owner of the building or as ]ireviously provided ; and any pel. son violating this jjrovi.sion shall for every otfence forfeit a sum not exoeding twen'y ilollars. — S. S89, c. 81, l nece.s.sary.— (S. 390, c. 81, 1,S()4. oil). Any two firewards or aldermen may demand ad- mittance into any building wherein they have reason to believe there is any dangerous ehin)ney externally or in- ternally, stove, stove-pipe or funnel ; and if in their opinion the same shall be dangerous, they shall order it to be alter- ed or removed in such manner as they shall direct; a'.o if their directions shall not b- complied with the firewaids or aldeiuien .shall cause such lemuval or alteration to be made, at the expense (tr the owner of the liuilding, or his agent ;. and if any person refuses admittance to the firewanis oi aldermen while acting under this section, or shall not make the renu)val or alteration hy them directed, he shall Ibifeit and pay a sum not exceeding eight dollars, to be recovered, together with' the ex pcnsi^s of removal or alteration, in the 1 ane of the city of Halifax ; and in delanlt of pa\ ment the otfender may be imprisoned in the city prison for a period not exceeding ten (lays. — (S. 398, c. 81, I8(i4. .')30. If any two firewards shall con-ider it proper to insj ect the placing or situation of any eombusiible or e,/'- jdo-tiuii nuiterials, they may demand admittance into any huilding or place for that purpose, and if they shall deem the same dangerous, they shall direct the occupmt of the building or place to remove such materials or alter the ]ilacing thereof; and if he shall neglect to obey them, they may make the removal or alteration at his expense ; and if any \ er-on shall refuse admission to the firewards while \ \ 9 \ m 121 aiting under this s' ction, or Hhall not carry out ihnW orders, he shall foileit ei.dit dollarH, in adilition to the i-xponse of carrying out the diit'ctioriH of the Hiewanis, to \n' recovered in the name of thu City m Halifax ; ami if the penalty and expenses shall not be paibeilience of liiw urdeis as of those of a tireward.— (S. 393, c 81, 1864. 533. The city council may, at any time drt. 4, c. 44, 1866. 535. The city council is authorized to erect engine houses to store fire engines and fire implements, in different parts of the city, upon lands now owned or to be purchased or to take or leise suitable premises Jor such purposes by the said city and may at any time direct new engines and fire implements to be procured, and neiv wells to be sunk and hydrants erected. — (S. 1, c. 60, 1870 ; S. 384, c, 81, 1864. 122 IV. — Miscellaneous Provisions. 536. Whenever any buikliojcr or property shall be injured or destroyed by fire, and the cause or origin thereof shall not be known, the mayor of the City of Halifax shall cause an investigation to be made to ascertain the cause or origin of the fire ; and the same shall take place before the mayor or two or more aldermen in the City of Halifax, who shall have power to enforce the attendanoH of Nuch persons to give evidence before them as they may require, by summons or warrant, under their hands and seals, end to examine them under oath ; and the procec'iiigs and all de- positions connected theiewith shall be returned to the Prothonotary of the Supreme Court of the (Jituntv ot" Halifax, and filed by him in his office. — (S. 405, c. (SI, i864i. 537. No person shall keep at any one time in any one place, within the limits of the firewards, or in any vessel or b(»At for more than twelve hours after she has reached any wharf within such limits, more than twenty-five pounds of gunpowder or pounds of dipiamite or uny other dangerous explosive, ii Auy poihou shall viuiace ihe provisions hereof he shall forfeit eight}/ dollars to be recovered in the name of the city and in default of payment suffar im- prisonment for 90 days ; but this provision shall not extend to any vessel or boat belonging to Her Majesty wherein gunpowder may be kept for public purposes ; and all prosecutions hereunder shall be commenced within three months after the offence shall be committed. — (S. 400, c 81, 1864. 538. The Stipendiary Magistrate upon complaint on oath by a fireward that he has reasonable cause to suspect that dangerous quantities of gunpowder, dynamite or any other dangerous explosives are kept in any place contraiy to the provisions of the last section, may issue his warrant to search therefor in the daytime; and if admission under the warrant shall be refused, and such refusal shall be u)ade to appear on oath, the Stipendiary Magistrate may grant a further warrant to break open the place where such gun- powder, dynamite or other explosive is sup[)osed to be deposited : and if upon search a greater quantity than that allofred by the second preceeding section shall bo found, the fireward may seize and sell such excess at })ublic auction and the proceeds shall be paid into the city treasury. — (S. 401, c. 81, 1864. 589. The mayor, stipendiary magistrate or any two al- dermen may, by written order, m their discretion, authorize any one or more of the city policemen at any time or times be- 123 tween the hours of nine a. m. and five p. m., to make a general search for gunpowder, dynamite or other dangdroris explo- sive illegally kept, and for that purpose to enter and inspect any houses, stcres or buildings within the city, to search for the same, kept without license, or in illegal quantities ; and such order shall remain in force ten days from the date thereof; and every person shall be bound to give any reason- able facility by unlocking outer and inner doors and other- wise ; and any person opposing, delaying or obstructing such search, shall he liable to a tine not exceeding forty dollars, or not less than eight dollars, recoverable in the city court, at suit of the city.— (S. 248, c. 81, 1864. .540. Any gunpowder, dynamite or other dangerous ex- plosive ke[it contrary to this act within the city shall be forfeited to the city, and may be sold by order of the mayor, and the proceeds of sale paid into the citv treasurer. — (249, c. 81, 1804. 541. All fines under this Title, where the recover^' is not mentioned, shall be prosecuted and recovered before the stipendiary inagifttrate 8*. the police court. — (S. 250, c. 81, 1864. 542. No person .^liall c mvey by land more than one thousand pounds of gunpowder at one time. — (S. 251, c. 81, 1864. 543. No gunpowder shall be placed in any one cart or vehicle to be land boA'ne, unless the same be completely covered with woollen or hair cloth exclusive of th#package and the covering of the cavriai^p. — (S. 252, c 81. 18()4. 544. No carriage conveying gunpowder, dynamite or other dangerous explosive shall be stopped less than twenty rods from any dwelling house.— (S. 253, c. 81, 1864. 545. No iron, steel, or metallic substance, other than copper hoops on the casks, shall be placed on any carriage together with any (quantity of gunpowder exceeding fifty pounds.— (S. 254, c. 81, 1864. 540, No gunpowder exceeding fifty pounds shall be placed in any carriage, but in batrels, half-barrels, or quarter- barrels, tight, well hooped with wood or copper hoops. — (S. 255, c. 81, 1864. 547. No more than twenty-five pounds of gunpowder shall be carried from one place to another, unless the pack- age be well hooped and sutHciently wrapped with woollen or hair cloth.— (S. 25U, c 81, 1864. 548. If any person shall ottcnd against the provisions of the six previous secti(ms of this Chapter, he shall forfeit for every ottence a sun^ not exceeding forty dollars nor less tlvan two dollar.^, and on non-payment shall be imprisonpe 124 for not more than thirty days nor less than two days ; onp half of the tine imposed to be paid to any party who shall give such information and evidence as may lead to the conviction of the guilty party.— (S. 257, c. 81, 1864. 549 Nothing in this Chapter contained shall attect the carriage of gunpowder for Her Majesty's service. — '8. 2.58, c. 81. 1864. V. — Fire Alarm Telegraph, and Fire Escapes. 550. The City of Halifax shall continue authorised to contruct, erect and maintain a fire alarm telegraph within the limits of the city, and to attach the wires of such fire alarm telegraph to such erections and buildings, public and private, within the city a^ may be convenient, doing no more damage to such erections or buildings than may be necessary, and also to attach strikers to such church bells or other bells as mpy be deemed expedient, without being liable to any suit or action, unless such damajje is occasioned by acts done irrespective of the operations before mentioned or by the negligence or unskilfulness of its servants or employes. — (S. 1, c. 7, 1873. 551. A board is hereby created and constituted in the City of Halifax which shall have jurisdiction in reference tojire eseapes, and the prevention ut loss of life by fire; and such Board is hereby incorporated under the name of " The Board of Fire Escapes for the City of Haliyax." — (S. 1, c. 17 (A), 1884. 552. Such board shall be composed of three persons, the Inspector of buildings, the cbairroan of the Board of Fireivards, and the Recorder of the city for the time being, and shall have jurisdiction rvithin the limits of the City. — (Ss. 2 & 3, c. 17 (A), 1884. 553. The board or any of its members shall have the right and power to enter in and upon any building or pre- mises within its jurisdiction, at all reasonable hours, for the performance of its duties, and remain there as long as may be necessary to make a thorough examination of the build- ing and its surroundings. — (S. 9, c. 17 (A), 1884. f 54. It shall be the duty of such board to examine all buildings within its jurisdiction, which it may consider dangeious and not constructed so as to attbrd ready egress to its inmates in case of fire, and it shall have power to order the erection and maintenance of strong and suitable fire esca])e3 on, in and from all buildings where it may deem the same necessary, and the decision of the board as to thc'Uu aber, kind, size, nature and p ;)sition of the fire -r'' 125 escapo.s lu Le a,uLHiL(.u iu oaoii caf^t; sliall be buujeci< Ct» a|jpbttl to arbitrators, one to be chosen by the party claiming to be aggrieved by such decision, one by the board, and a third by the two so chosen ; and the decision of a majority of such arbitrators shall be final. — (S. 4, c. 17 (A), 1884. 55.5. Such board shall pay particular attention to all churches, charitable institutions, poor houses, school build- ings, factories, theatres, hotels, and other biiiUlinga within its jurisdiction in which an unusual number of persons work, congregate or reside ; and it shall have power to order the enlargement or alteration of the doors, passage-ways, stair- cases, and windows, in all such buildings, in such manner as it may deem best for the protection of the inmates, and so as to afford a ready means of escape in case of fire or panic— (S. 5, c. 17 (A), 1884. ooU. The board shall have power to order the alteration of any fire-place, chimney, furnace, heating apparatus, or pipe for the conveyance of smoke or heated air, when it may consider the same dangerous. — (S. 6, c. 17 (A), 1884. 557. All fire-escapes erected or to be erected under the provisions of this title shall be always maintained in good order, and well painted, to the satisfaction of the board. — (S. 10, c. 17 (A), 1884. 558 The nositinns of flip fire-psoape" flT>rI fbo w.oy of acce.«s to them from the inside of the buildings shall, if required by the board, be indicated by printed notices and coloied lights, or in such other way as the board shall direct.— (S. 11, c. 17 (A), 1884. 55!). In case the owner of a building or his agent who has been 'equii'ed to erect a fire-escape, or make alterations in his building, shall differ from the board in opinion as to the necessity thereof, he shall, on giving written notice to the board, be entitled to be heard before it, on a day to be fixed by the board, and may produce witnesses, who shall be examined under oath, and the board shall reconsider the matter, and, after hearing the party and his witnesses, make a decision thereon, which shall be subject to appeal, as in section 554 defined, and to the like board of arbi- trators, chosen as in said section mentioned ; and the owner or agent shall without delay proceed to carry out the directions of the board, or of the arbitrators on appeal from the decision of the board. — (S. 7, c. 17 (A), 1884. 500. The owner of any building in which any fire- escape is ordered to be erected or maintained, (jr any altera- tion of any door, passage, staircase or window required, shall be notified thereof in writing, signed by the chairman of the board, or any two of its members ; and the maiUng of ■M 12G such notice, addressed to the owner, or his agent, if any, within the district, and leaving a copy thereof on the pre- mises in which the traction, maintenance or alteration is re- quired to be made, shall be a sufficient notice to the owner thereof and his agent.— (S. 12, c. 17 (A), 1884. 561. For the purposes of this fith, tho person entitled to the equity of redemption in the property and the mort- gagee in possession shall be deemed to be the owner thereof ; and if no owner resides within the jurisdiction of the board, or if the owner is a married woman, an infant, or insane person, the agent of the owner or person collecting the rent, if any, shall also be personally liable for all violations of this Act.— (S. 13, c. 17 (A), 1884. 5G2. If the building is owned by more than one pei'- son, any one or more of its owners shall be liable for all violations of this Act in respect thereof; and all penalties may be recovered against them or any of them individually without joining the other owners ; provided that no more than one suit shall be brought for the same penalty. — (S. 14, c. 17 (A), 1884. -f,'} A 11 c 1 „:i.i:, ... ri.1 •- . «» 1 tiJL Lll tlu owners Oi. kjUliGWi^O Vtilinii oliO juiiomoLUJii of the board of fire-escapes, or their agents who shall after receiving sixty days' notice thereof in writin^r refuse or neglect to obey and perform any order of the board, made under the provisions of this title, or otherwise violate the prov'.sions hereof, and all persons whomsoever who shall in any wise obstruct or hinder the board of lire-escapes or any of itt/ members, in the performance of their duties, or I'efuso tiieui access to any building within their jurisdiction con- trary to the provisions of this title shall forfeit and pay a penalty of not less than twenty dollars, nor more than one hundred dollars, to be recovered with costs as hereinafter mentioned, and in default of payment, if sufficient goods catmot be found whereon to levy, shall be imprisoned in the common gaol for the county for one day for each dollar of the penalty and costs which remains unpaid, — (S. 15, c. 17 (A), 1884. 5G4. No order or direction of the board shall be deemed to have been performed until it has been certified in writing by the chairman or two members of the board, that the work has been doro to the satisfaction of the board. — (S. 8, c. 17 (A), 188i. o65. In cases of non-compliance with the orders of the board, every week that elapses after the expiration of the sixty days' notice until the order is fully complied with and the certificate obtained, as hereinbefore provided, shall con- stitute a separate offence. — (S. 16, c. 17 (A), 1884. i I j s i i ULU 127 566. All penalties shall bo recovoied in the name of the board of fire-escapes for the city of Halifax before the stipendiary magistrate in a summary way, and the forms in the schedule annexed to this title, or similar ones, may be used for that purpose.— (S. 17, c. 17 (A), 1884. <'G7. In ca^c uf cunvictluu, Uiu Sliiivudlai y lUHgistrato may allow a sum for costs not exceeding tiv? dollars, and if the amount of penalty and costs is not paid within forty- eight hours a warrant of distraint shall be issued therefor, and if on the i-eturn of said warrant, the penalty and costs, or any part theieof rcDiain unpaid, and the otRcer to whom , the warrant was directed has been unable to find sufiicient property to satisfy the same, the Stipendiary Magistrate shall commit the person or persons convicted to the county gacl, there to be imprisoned one day for every dollar of the penalty and costs romaming unpaid. All piocess shall be directed to the City Marshal, and in case the defendant shall not appear, the Stipendiary Magistrate shall, on pmof of the service of the summons, proceed to hear and decide the matter in his absence. — (S. 18, c. 17 (A), 1884. yoft. liie boaru, or sack person as they skaii appoint for that purpose, shall make a careful examination of all build- ings within their jurisdicti(m which they may deer.i to be dan- gerous or to require their attention, and i^sue all necessary notices in relation thereto. They shall revisit such buildings as often as thej' shall deem it necessary, to see that their orders are carried out, and the fire escapes efficiently and pioperly maintained, and thev shall meet at regular inter- vals for the transaction of business. — (S 20, c. 17 (A), 1884. 509. The Board of fire escajies shall report annually to the Provincial government, on or before the fifteenth day of January. (1.) The number of fire escapes erected during the year ; (2.) board : (3.) The alterations made in buildings by order of the The names of the persons who have neglected and refused to comply with the orders of the board ; (4.) The proceedings taken to enforce said orders, and the result ; including the amount of the penalties paid. — (S. 21, c. 17(A), 1884. 570. The Recorder shall be Chairman of the Board, shaV conduct the correspondenx^e and issue and siyn all official notices.~(S. 19, c. 11 (A), 1884. 571. The members of the board of fire escapes shall be renumerated for their services, and the amount to be paid them annually shall be fixed by the City council, who are 128 luents.— (S. 22, c 17 (A), 1HS4. 572. All penalties and costs recovered under this title, shall bo paid to the Citi/ treasurer, and shall t'ovm part of the cenoral funds of tlie city.— (S. 23, c. 17 (A), 1S84. 573. The fees to be paid to tho arbitrators appointed under the five hundred UTul fifty -fourth section of this Act shall be such as may bo fixed by the city council and the said council is hereby empowered to tix the same. If the decision of the arbitrators be i'avorable to the party appeal- ing, the fees shall be paid by ■ Halifax, SS. j To the City Marshal or his Deputy ; You are hereby commanded to summon A. B., of to be and appear before me, at in on the day of at o'clock, a. m., to answer to the suit of the board of tire escapes for the City of Halifax, for re- fusing and neglecting, after due notice, to obey an order of said board, bearing date the day of A. D. 18 whereby he was recjuired to erect a fire escape on the build- ing of , in the City of Halifax, or make an alteration or enlargement under the provisions of section * {i^etting out the ]nirport of the order as the case onay requi. e, and dejiaiw) the hidlding.) Hereof fail not and make due return. Witness my hand and seal, at Halifax, this dav of A. D. 18 . _ J. S, C««al.) Stipendiary Magistrate in and for the City cf Halifax. * If for a continued offence insert the following, "and continuing such neglect and refusal for one week after the day of A. b. 18 ." MM 1 ii ■ COTIA, V c. SS. J 129 Form of Conviction. CANADA, Nova Scotia, Halifax, Be it rembered, that on the day of A. D, 18 , at Halifax, in the County of Halifax, A.B. is convicted be- fore the undersigned, stipendiary magistrate for the City of Halifax, at the suit of the board of fire escapes for the City of Halifax, for that the said A. B., (state the offence as in the summons) and 1 adjudge the said A.B., for his said offence to forfeit and pay a penalty of dollars, and dollars for coats, to be paid and applied according to law ; and if the said sums be not paid within forty-eight hours, I order that the same be levied by distress and sale of the goods and chattels of the said A. B., and in default of sufficient dis- tress, I adjudge the said A. B., to be imprisoned in the com- mon gaol of the county of Halifax, for the space of one day tor each dollar of the penalty and costs remaining unpaid. this day of Given under my hand and seal at A. D. J. S. (Seal.) Stipendiary Ma-glstrate in and for the City o/ Halifax- Warrant of Distress. CANADA, ) Nova Scotia, J- Halifax, SS. j To the City Marshal or his Deputy. Whereas, A. B. was, on the day of A. D. 18 , duly convicted before me at the suit of the board of the fire-cscapes for 'he City of Halifax, for that (state offence as in summons and conviction), and it was thoreby adjudged that the said A. B. should, for his offence, forfeit and pay a penalty of dollars, and dollars for costs, to be paid and applies according to law ; and it was thereby ordered that if the said sums were not jmid within forty-eight hours the same should be levied by distress and sale of the goods and chattels of the said A. B. ; and in default of sufficient distress it was adjudged that the said A. B. should be im- prisoned in the common gaol for the county of Halifax for the space of one day for each dollar of the penalty and costs remaining unpaid. 130 And wherean, the said A. B. being so convicted has not paid the said sums amounting to dollars, within the space of forty-eight hours from the time of his conviction. These are therefore to command you forthwith to make distress of the goods and chattels of the said A. B., and if within five days next after the making of said distress the said suras together with the reasonable charges of taking and keeping the distress shall not be paid, you do then sell the goods and chattels so by you distrained, and pay to mo out of the proceeds of said sale the said penalty and costs, to be applied according to law, and that you retain the expenses connected with taking, keeping and sale of said distress, and pay the balance if any, on demand, to the said A. B. ; and if not suflScient distress can be found, that you certify the same unto me to the end that such further pro- ceedings may be had thereon as to law doth appertain. Given under my hand and seal ) at — this — day of — A. D. J J. S. (Seal.) Stipendiary Magistrate in and /or the City of Halifax. Commitment for Want of Distress. CANADA, Nova Scotia Halifa:;, SS, •] To the City Marshal or his Deputy, and the Keeper of the Common Gaol of the County of Halifax : Whereas, (copy warrant of distress to *). And whereas, on the day of A. D. 18 , a warrant of distress was issued by me, pursuant to law, to levy the said sums by distress and sale of the goods and cliattels of the said A. B.; And ivliereas, it appears to me, by the return of said, warrant, or otherwise, that no sufficient distress whereon to levy said sums could be found, and there is still due in respect thereof, the sum of dollars ; These are therefore to command you, the said marshal to take the said A. B., and him safely to convey to the Common Gaol of the County of Halifax, and there deliver him to said keeper, together with this precept ; and I do hereby command you, the said keeper, to receive the saivl 131 B. into your custody in the said Common Gaol, there to imprison him for the space of days, unless the said sum of be sooner paid unto you, the said keeper, and for so doing this shall be your sufficient warrant. Given under my hand and seal this day of A. D. J. S. (Seal.) Stipendiary Magistrate in and for the City of Halijax. } VI. — Provisions as to Buildings. 576. No wooden building of any kind, nature or descrip- tion, shall be erected in the portion of the City of Halifax con- tained within the following boundaries^ (with the exception of porches or privies which may have become decayed or require to be removed, when the Inspector of Buildings shall give a permit to replace such erections with the same description of materials and of the same size as the old ones.) Beginning at the foot or North-east corner of Jacob Street where it touches Water Street ; thence to run west along the north side of Jacob, until it strikes the western side of Brunswick Street ; thence along the eastern side of Brunswick Street to the south-east corner of the glacis of the citadel ; thence by the south side of the glacis westerly to a point opposite to the north-west corner of Queen Street ; thence by the various courses of Queen Street on the western side thereof, until it strikes the south side of Morris Street ; thence by the south side of Morris Street easterly to the east side of Water Street ; thence by the eastern side of Water Street northerly to a point opposite to the place of beginning. Such limits to include also the distance of sixty feet eastwardly from the east side of Water Street from Morris Street to Jacob Street.— (S. 034, c. 81, 1864; S. 1, c. 37. 1879. 577. All the provisions of this Chapter, within the said limits.shall apply to all buildings or outhouses erected after the passing of this Act.— (S. 035, c. 81, 1804. 578. Within the linnts defined in the five hundred and seventy-sixth section of this Act, all buildings to be here- after erected shall be constructed of brick or stone ; and the front, rear, side, end or other exterior walls (not being party walls) shall not be less than one and a half bricks, of piijht inches each brick, or twelve inches thickness. — (S. 036, c. 81, 1864 ; S. 2, c. 37, 1879. 579. Within such limits, where owners of adjoining properties, who intend to erect buildings at the same time, 132 shall acree to erect such intended buildinjja toff ether and in conjunction, they may make the party walls of their build- ings of the thickness of two bricks or sixteen inches in the whole : that is to say, one brick or eight inches on the pro- perty of each proprietor; but, should the owners of adjoin- ing pronerties not agree to erect buildings at the same time together and in conjunction, then each person who builds shall make all the walls of his building of the thickness of one brick and one-half brick, or twelve inches in the whole on his own property, agreeably to the Jive hundred and seventy eiipith section ot this Act. — (S. 637, c. 81,1864; S. 2, c. 37. 1879. 580. Within such limits, all foundation walls of build- ings shall not be less m depth from the surface of the street or sidewalk than four feet ; and all foundation walls, within such limits, to the surface of the street, shall not be less than eighteen inches in thickness. Such thickness to be increased if the nature of the supeistructure recjuires it, and is deemed necessary bv the Inspector of Buildings. — (S. 638, c. 81, 18G4 ; S. 3, c. 37, 1879. 581. Within such limits, all outhouses or houses in the rear ot buildings, less than thirty feet and more than tifteen feet high, shall, when constructed of brick or stone (and not iron,) have walls not less than twelve inches thickness ; and when less than titteen feet high, the walls shall not be less than one brick or eight inches thickness. — (S. G3i), c. 81, 18G4. 582. All windows in the rear of the buildings erected within the said limits shall have and be protected with iroin shutters.— (S. 640, c. 81, 1864. 583. Chimneys within the City of Halifax must be built upon a solid foundation, from th'! lower foundation of any house ; and in party walls chimneys may be built back to back, but they mu^t not be less in thickness from the centre of such walls than four and one-half inches, and iu j)arty walls chimneys that do not stand back to back must be built of one brick thickness; and all other chimneys within the city must be Vjuilt of one brick, or eight inches thickness at the least.— (S. 641, c. 81, 1864 ; S. 2, c. 37, 1879. 584. Within such limits, all outhouse, or houses in tlie rear of buildings less than thirty feet, shall be constructed of brick or stone and have walls not less than twelve inches thickness; and, v/hen less than fifteen teet high, the walls shall not be less than one brick or eight inches thickness. — (S. 642, c. 81, 186t. 585. The roofs of all buildings erected within the said limits shall be entirely covered with iron, tin, zinc, tiles, or ) ) 133 other similarly nninilammable materials, and not with any but uninflammablft Materials ; and the tops of the roots shall be tlat or crowned to the width of six feet at least. p]very such flat or croA^ned roof shall be provided with at least one opening or sci ttle, to the satisfaction of the in- spector of buildings; ard all buildings within such limits shall be provided with a parapet of twelve inches thickness, to be raised two feet abo /e the roof The scuttle or opening to be not less than thirty-six inches long by twenty-four inches wide, to be oi wood, covered with zinc or any other metal, and jnovided with a step-ladder for exit. The whole to be done to the satisfaction of the inspector of buildings.— (S. (543, c. 81, 186+; S. 4, c. 37. 1879. .586. No existing wooden buildings within the limits shall be enla^-ged, raised, or added to : Provided, however, that this section shall not apply to wooden buildings now ei ected for religious worship, and entirely separate from other ^^)uildings, nor to wooden buildings already erected, which have pitched roofs, and which, after the jmssing of this act, may bo altered into flat roofs or French roofs, if such build- ings are found by the inspector of buildings sufficiently substantial and suitable for such alterations, who shall give the owner, contractor, or applicant a certificate in writing that the building is fit to be altered, and who shall grant a permit specifying the alterations lo be made ; provided, nevertheless, that the flat or French roof shall not in any case exceed one story of eleven feet in height above the plate of the building.— (S. {)44, c. 81, 1864 ; S. 5, c. 37, 1879. .587. No wooden building shall be erected in the City of Halifax within the limits or boundaries hereinafter set down and deflned (except urrder the restrictions hereinafter contained) : — Beginning at the Ijridge over Freshwater River ; 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 by the new road to Fyke's Bridge; thence further northerly by the east bound of the Common until it meets the north-east angle of the Common ; thence to run westerly by the road or north edge of the Common to the opening of the Kempt R5. In case f^;, wooden or other building, not erected in conformity with the provisions of this Act, ami being within the limits descrilMid in Hedionn ''7(1 S7, or ivithiri the limits appointed by the city council, shall sustain damage by tire, tempest, or other casualty, or shall bo injured or j)ullod down in any attempt to stop the progress of a tire, and the inspector of buildings shall certify that the same is so far damaged as to [fe> untit tor repair, the city council may forbid the same to be rebuilt or rei)aired.— (S. (J^):^c. 81, I8(i4. r)90. No building within the limits prescribed by section o87, not being in ccmformity with the provisions of this til'e shall be enlarged, raised, or ailded to, except with the express permission of the city council. — (S. 053, c. 81, 1804; S. 4, c. .-}.■), 1872. 597. Buildings of every description at any time erected, or in course of erection contrary to this Act, shall be deemed public nuisances, and the builders or owners thereof shall on conviction before the police court of the city enter into recognizance to demolish the same, within such time as shall be limited therefor by the city council. — (S. 654, c. 81, 1804. 698. The city council may direct buildings deemed nuisances under this Act, upon investigation ot the facts and conviction of the owners or builders bt^fore a judge of the Supreme Court, to be pulled down, and may authorize and cause the materials to be sold to defray the expenses ; and if the said material on sale should prove insutHcient to meet the expenses, any deficiency of expenses must be paid by the owners of such buildings ; and any l)alance remain- ing 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. — (S. 655, c. 81, 1804. 599. Whenever any building or buildings, foundations, walls, or any parts thereof, in course of erection, within the limits of the city, shall be deemed unsafe by the inspector of buildings, the owner, contractor or agent shall be notified 136 at once, to make the same -^afe and secure ; and every per- son so notitied who fails within forty-eight hours to eoinply with such notice, shall be subject to the penalties of thi» Act— (S. 2, c. 29, 1878. 600. Whenever any building walls or erection within the limits of the City of Halifax, are by reason of age or accitlent, in danger of falling or being set on fire, and endangeiing 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 chai'ge of sucli building, to put the same at once in a safe condition to guard againat such lire or dangerous accident ; and every person who for forty-eight hours after the receif)t of such notice, neglects to obey the same, shall be subject to the penalties hi'veinafter prescribed.— (S. 1, c. 29, 1878 oOl. Upon any conviction for a breach of any of the provisions of ihe prtcedlvij section, the Stipendiary Magis- trate shall order the defendant or defendants to remove or pull down the building or erections in question, and the neglect or refusal of the defendant to comply with the pro- visions of any such order shall constitute a fresh ofience, the penalties for which shall be impose€i laws^(S. 282, c. HI, 1864 ; S. 240, e. 81, 1864. (517. No person shall keep or drive in the City of Halifax any carriage, waggon, gig, chaise, sleigh or convey- ance, for the carriage of passengers, for hire, or to ply as a hackney carriage, cab or omnibus, in the streets or lanes (if the city, unless under a license for such pur|)ose previously obtained from the city covvcil ; and such fee .shall bt; paid for licenses as the council shall direct. — (S. 2.'i7, c. 81, 1864. 618. The licenses shall be signed by the mayor and countersigned by the city clerk, and be annually renewed. -S. 242, c. 81, 1804. 1^1 141 G19. On proof of misconduct the council shall have power to Buspend any licenHO for a fixed term, or to revoke and annul it.— (S. 243, c. 81, 1«64. G20. The city council shall make bye-laws to fix the rates and fares receivable by truckmen for the carriage of goods, merchandize, fuel, furniture and other articles ; and regulate the form and granting of truckmen's licenses, the security to he given, the numbering and putting names ou the trucks, and the stands where they may be stationed, to prevent the leaving any trucks, carts, sleds, or other vehicles upon the streets or sijuares ; and in every respect to regulate the conduct of truckmen.- (Ss. 241 & 244, c. 81, 1804. 621. The city council .shall by bye-laws regulate the keeping, driving, plymg, and general conduct of all carriages, waggons, gigs, chaises, sleighs, or conveyances, for carrying passengers for hire, in the City of Halifax, and by ordinance or resolution establish or alter the fares and prices to be charged and taken by the keepers, owners, or drivers thereof.— (S. 238, c. 81, 18G4. 622. No person shall ride or drive any horse at full speed, or in a disorderly manner, in the public streets of the City of Halifax. Persons violating this provision shall forfeit a sum not less than two dollars nor more than forty dollars for each otience, or in default of payment, not less than ten nor more than ninety days' imprisonment. — (S. 239, c. 81, 18G4. III. — Auctioneers. 62.3. Auction licenses in the City of Halifax shall be granted by the council, and .shall be made out and issued by the clerk of the city, upon payment of a fee of eighty dollars; and every such license shall be signed by the mayor and city clerk, and shall continue in force for one year. — (S. 245, c. 81, 18G4. o24 Any person acting as an auctioneer within the •city without being thereto licensed, shall for every offence forfeit two hundred dollars ; but nothing herein contained s'hall extend to sheriffs or other officers of justice selling under process of law, or the decree or direction of any court. — (S. 24G, c. 81, 1864. IV. — Pawnbrokers, and Rao and Junk Shops. 625. — Licenfios for the opening or keeping of anif parmihroJcer's shop, or any rag and j'nnk store u'ithin the ^ity of Halifax shall be granted by the city council and IMAGE EVALUATION TEST TARGET (MT-3) /, O 'y- fe .o 4r WJ>: Ua (/. 1.0 I.I 1.25 ^^ IIIM 112.2 IM 2.0 III— U IIIIII.6 "^f .-N^ ^^:> A O / /^, Photographic Sciences Corporation S f the rate-payers ot the City of lialitax, to be atlUi-d to ..iC genei'al as.sessment annually upon such property of rate-payers the sum of two thousand dolhiis, to keep up and mainliiin the park, and to pay tiio wji^ges of gale-Ue* pel's and other expenses connected with tli^e inuiu- leiiuiice ot tlie park ; Mich sum to be assessed., rsJlBid aud levied, and the moneys heiein allowed t(j be assessel^, to be collected by the city coLlnctor at the same time, in the same way, and with the same remedies as the general assessnient of the Ciiy of Halifax.— (S. 2, c. 12, 187:3. 051. Is'othing in this Act shall ie construed to prevent 14G Her Majesty's Principal Secretary of State for the War l>epait„ient, at any time hereafter, from taking exchi.ive possession of any portion of the said land which mav be rpq, nred for the formation of forts or batteries, or for .fther (S. 6 ZsrK ' ''°""^*'*^'^ ^'^^ ^^^ '"P«"al service— TITLE XI. POOR ASYLUM AND HOSPITAL. 652 The poor of the City of Halifax, who by law are chargeable upon its inhabitants, shall be accommodated, supported and leheved in the Poor A^i/lam, utuhr the (S^SeoT'si I8G4' ^'''^'^''''^'^^' of PuhUc ClujirUies- t53 No pension, out-door allowance, or other r.lief gran ed to persons not residing in the asylum, shall be Kty.-:S^508,'c.8l,T/G/""'^ "'^' '^ assessment in 654 A distinct and separate account shall be kept and annually made up by the Oommw-io»fr» of PuhlAc f^hari'.^s W„T^ I expanses incurred in the relief of all paupers' i!?« !{ chargeable upon the City of Halifax, in whic), the InoZvJ ii^ r''''"' '^ .chargeable shall be speciHed, ZK in"'' f'*>^F"PO'•t»»n of all general expenses; all orphan children and infants whose parentage is unknown, Tn^,jr l'^"^ A' ^ ,''^y '^h^''^'^- Tins account shall be annually rendererl by the commissioners to the city council on or before the fifteenth day of December, and, wlu.n TnE"". • ?L ^^'"^ "''T '^""""'' ^h« ^'"«""t of it shall be In J. oK 1^1 f "^'■^' ^^^'^^^'"ent on the city ; but no other hum shall be charged on account of the poor in the city assessment.— (S. 583, c. 81, 1864. ^ 655. The commissioners of public charities shall, twice Lf T n ,7""'^''>' ^nd .J»»f . «e"d to the city clerk a correct list of all the inmates in the Poor Asj,lum, shewing when each one was received and discharged, also conveyi.rg such mformation as they may posse-ss of the birth-place or settle- ment and of the age and state of health of each inmate; and these lists shall l)e carefully preserved in the city clerk's office and be accessible to any citizen bv pumi.ssion of the mayor or any alderman.— (S. 585, c. 81 1«G4 C5{>. The city council shall include in the general Bsses.sment imposed on the city from year to year upon the S"r'^/'"l "/ ^^^ commissioners of public char,tL, om~ mrd of whatever sum of money may be required by then* ^ 147 for the annual maintenance and support of the city and provincial hospital, and alt. repaivs, alterations, and urediona thereto approved hy the 6overnor-in- Council, and shall \my the same quarterly tu the said coiHrnissioners, who shall render an account onco a year to the Provincial Government and to the city council of the expenditure thereof.— (S. 4, c. 25, 11868 ; s. 1, c. 2.5, 1881. ()67. The commissioners of public charities, annually, on or before the fifteenth day of December, shall file in the • office of the city clerk an account of all moneys received and expended by them for the support and maintenance of /./«« poor A»ylum and City and Provincial Hospital, m'uin'i the citifs proportion fhfreof, and ihnll give suck detii'ls and furnish such information as shall be required by the City GounciU— (S. 97, c. 81, 1864. TITLE XII. PUBLIC SCHOOLS. I. — Board or Commissioners. 658. The City of Halifax shall be one school section, «nd there shall be twelve cominissiooers of sehcols for such city, apfiolfited, six by the Governor- in-Council and six by the City Cuuncil, as hereinafter provided ; and the twelve conmiisHi.)ners thus appointed shall continue to cons',itute a board of school commisnioners for the City of Halifax, and such board shall be a body corporate, and may exercise all the powers and perform all the duties of pu'ilic schools in and for the city. — (S. 'J.'«, c. 29, Rev. Stat., 5th Series. 059. The six commissioners appointed by the Governor- in-C )uncil shall hold oHice during the period of three years, the two senior commissioners retiring on the first diy of November of each and every year, and the Governor-in- Council shall appoint two persons to fill the places of the two retiring commissioners, who shall hold office for three years. — (S. 96, c. 29, Rev. Stat, 5th Series. 060. The commissioners appointed by the City Council shall likevviae hold office during the period of three years, the two senior coramissicmers retiring on the first day of November in each and every year, and the Oity Councd on the first day of November of each year, or as soon thereafter ■B,^ conveniently may be, shall appoint two persons to hold office for three years, to fill the places of tlie two retiring commissioners. — (S. 97, c, 29, Rev. Stat., 5lh Series. 061. No such commissioner, whether appointed by the us Govemor-in-Council or the City Council, shall he eligible for re-appointment to the board until the expiration of twelve monthf) from the time of his going out of office. — ' (8. 98, c. 29, Rev. Stat, 5th Series. 662. Any extraordinary vacancy in the board caused by death, resignation, removal from the city, refusal or inability to act or other cause, shall be filled by a person appointed by the body or authority who shall have appointed the person causing the vacancy, to hold office for the unexpired term of the person so causing such vacancy. — (S. 99, c. 29, Rev. Stat., 5th Series. 663. It from any cause all or any of the persons to be appointed either by the Governor-in-Council or by the City Council under the provisions of this Chapter shall not have been appointed at the time fixed for such appointment, or having been appointed shall not act, it shall be. lawful tor the commissioners who ma> have been ap{)oiiited and consented to act, to act until the vacancies so existing shall be tilled up.— (S. IOC, c. 29. R. S., 5th Series. 064). At the tirst meeting of the board in November in each year they shall elect a chairman and vice-chairman, who shall, it they continue to be members of such hoard, remain in office until their successors are npp'i!it<'fl — (S. 101, c. 29. R. S., 5th Series. 005. Notice ol the tirst appointment of the commis- sioners and of all subsequent appointments shall be jiublifthed in the Royal Gazette as soon as conveniently may be after such appointment^.— (S. Ie!iool unless the same be a free school. — (S. 104, o. 29, K. S., 5tli Series 608 On request ot the board of commissioners,specifying 149 ^ the anuAint required in addition to the sums provided Irom the Provincial Treasury for the 3'early support and main- tenance of the schools under their charge, the City Council shall be authorized and are hereby required to add a sum sufficient, after deducting costs of collection and probable loss, to ^ield the amount so specified by the boai'e public schools, or whose children are by reason of delicate health, or being distant over two miles from a school, or other sufficient causes, prevented from attendance, ~(S. 81, c. 29, R. S., 5th Series, TITLE XIII. I.—INSPECTION. 684, The city council may annually, or otherwise, appoint for the city surveyors of lumber^ measurers oj coat and salt sold within the city, and all other officers necessary for carrying out the objects of this title, and may fix the rate of remuneration by bye-laws or resolution when the- sau>e ia not fixed by this Act. — (S. 413, c. %\, lb64. BREAD. C85-. AH bread intended for sale shall be marked ir* Roman characters, with the initial letters of the grain of the flour OF n>eal of whidi it is made, and with the initials of christian and surname of the baker, and shall beako marked with the weight thereof— (S. 433, c 81, 1864. 686. All bread intended for .sale shall be made to the following weights respectively, and no other, viz. : four pounds, two pounds, one pound, and eight ounces — (S 434. 6.81,1864. 687. No per.son shall sell any bread that shall not be maiked in accordance with the provis^ions of the two- preceding sections ; and any person violating the same by having in his possession, telling, or offering for sale, any it\ 153 bread not duly marked, shall forfeit for every loaf not duly marked not lens than twenty centn nor more than one dollar.— (S. 436, 2. 81, 1864. 688. Every person selling bread shall keep a pair of scales and weights, in order that the purchasers of such bread may, if they require, have the same weighed. — (S. 436, c. 81, 1864. 689. Any alderman or police constable of the City of Halifax, or constable authorized by the warrant of the stipendiary magistrate, may visit the premises wherein bread is made or sold, and may search for and weigh all bread therein ; and if any bread be found therein under the prescribed weight, or not marked as herein directed, tfte same shall bo seized, and on proof of the fact before the stipendiary magistrate, in the Police Coicrt, it shall bo disposed of to poor persons, under the directions of such stipendiary magistrate. — (S. 437, c 81, 1864. 690. Ii" any person shall obstruct or oppose the officer in making such search or seizure, he shall forfeit not Itss than four, nor more than eight dollars. — (S 438, c. 81, 1864. 691. Any person selling bread deficient in weight, and the offence being proved by the same being weighed within twenty-four hours after baking, at the police office, before tlie stipendiary magistrate shall, unless the deficiency appear to have been occasioned by some unavoidable accident, forfeit not less than ten cents, nor more than fifty cents, for every half ounce deficient.— (S. 439, c. 81, 1864. 692. If any servant or journeymen in the employ of a baker shall ottend against these provision he shall forfeit not less than four, nor more than eigiit dollars ; and in default of payment, he shall be imprisoned not less than seven nor more than fourteen days. — (S. 440, c. 81, 1864. 693. If any baker shall pay any of the foregoing penalties in consequence of the wilful neglect or default of his servant or journeymen, the stipendiary magistrate upon the application of such baker, may cause the ott'ender to be brought before him, and order him to pay a reasonable sum by way of recaiiipense ; and if he shall not comply with such order, may commit him to the city prison for a period not exceeding a month. — (S. 441, c. 81, 1864. 694 ' . hese provisions shall not apply to loaves made to order, and rasped by the desire of the customer, nor to loaves or cakes sold weighing less than halt a pound. Pio.secutions for breach of any such provisions shall be ccjmmenced wi''.in three days atter the offence committed. — (S. 442, c. 81, 1864. *\ i:4 TARE ON SUOAR. 695, The tare to be allowed on the sale of brown or raw sugar, shall, upon upon every barrel, bo twt'iity-two )0und8 ; and upon every other packai^e of the weight of 'nurtoen hundred pounds or less clt-vcn pounds for cvory uindred pounds of grosa weight ; and upon every package of such sugar above the weight of fourteen hundred pounds, the tare shall be ten pounds for every hundred pounds of gross weight.— (S. 460, c. 81, 1864. 696. Any person who shall not allow the full tare as herein prescribed, shall forfeit fifty cents for every hundred ■weight of the sugar upon which such full tare shall not be allowed.— (S. 401, c. 81, 1864. COAL AND SALT. 697. Coals sold from ship-board, tftnre, yard, tvhart or depot, by retail, within the (Jltif of Halifax, shall be sold by the ton weight of two thousand pounds avoirdupois, and its sub-divi»ion.s, or &?/ tlie chaldron or parts thereof.— {S. 402, «. 81. 1804.. 6l)8. All coal or salt sold from ship-board, ntore, yard, wharf or depot, by retail, in the (Jity of Halifax, shall be weighed or measured by officers appointed and ffWorn for that purpose.— (S. 46.3, c. 81, 1804. 099. If such coal or salt shall be delivered to any truckman or other person without having been weighed or measured according to the two preceding sections, the seller shall forfeit the sum of Jive dollars for each offence, each load or qaantity so delivered at one time to he a separate offence. — (S. 464, c. 81, 1864. 700. The measurers or weighers of coal shall receive from the seller eight and one-half cents for every ton, and measurers of salt shall receive three and one-half cents for every hogshead which they shall respectively measure. — (S. 46&, c. 81, 1864. 701. If any measurer of coal or salt shall undertake to attend the admeasurement of coal or salt from more than one store, yard, tvharf, or depot at the same time, he shall forfeit a sum not exceeding eight dollars for each offence ; and for any neglect or misconduct other than the offence last mentioned, a sum not exceeding twelve dollars. — (S. 460, c. 81, 1804. 702. Any person who sJiaU wilfidhj sell or dispose of any coal within the City of Halifax under any name or designation other than that of the mine or locality from / .'fi: H » «i 155 whence the same may have been obtained ahall forfeit forty dollars.— (S. 1, c. 18, 1863. 703. Any shipmaster, importer, or other person hring- iny coal into the City of Halifax from any mine vnthin the Province of Nova Scotia shall exhibit, on demand thereof, to any pct'soit desliuus of pdrvhusiny coal, a certificate from the proprietor or shipping officer of the mine from ichich sucJi coal has been shipped, stating the name or locality or other known designation of such coal, and the date of shipment thereof. — (S. 2, c. 18, 1863, 704- Any shipmaster, importer, or seller of coal refusing to exhibit such certificate on demand, or exhibiting a false certifi,ca*e, shall forfeit twenty dollars.- -(S. 3, c. 18. 1863. HAY. 705. Hay may be weighed, and weighers shall receive at the rate of tioo cents for every hundred weight of hay weighed by them— (S. 471, c. 8!, I8t4. CORD WOOD. 706. Every stick of cordwood intended for retail shall measure four feet in length, accounting half the scarf, and be sound hardwood; and every cord shall be of the full length of eight feet, and four feet high, and piled close. — (S. 472, c. 81, 1804. 707. All cordwood sold rvithin the City of Halifax shall be surveyed and measured before sale by an officer appointed for the purpose, who shall receive seven cents from the seller for everv cord by him surveyed and measured.— (S. 473, c 81, 1864. 708. Persons selling such cordwood without having the same surveyed and measured under the last preceding section, shall forfeit two dollars for each cord so sold. — (S. 474, c. 81, 1804. 709. All sticks of such wood not of the requisite length, shall be co f seated by the measurer, and shall he forfeited to the use of the City of Halifax — (S. 475, c. 81, 1804. 710. Persons offering any cordwood for sale shall pile all the crooked and rotten sticks, if any, separately ; and if, on the survey, the measurer shall find any rotten wood or any crooked sticks in the cord, which shall pi event the same being piled close, such crooked or rotten sticks shall be confiscattid, and the deficiency in the cord made good before "sale thereof.— (S. 476, c. 81, 1864. If any measurer shall violate his duty, he shall 1 1 / r ''^ 156 forfeit a sum not exceeding four dollars for every offence. — (S. 477, c. 81, 1864. LUMBER. 712. In the survey of boards there shall be four qualities, viz. : — Ist. Clear board.s, c!.t least one inch in thickness. 2nd. Merchantable boards of first quality, sawed of equal thickness throughout, and, when not hard-wood, squared at the edges with a saw ; to be free from rots, wanes, worm-holes and auger-holes ; at least seven-eights of an inch in thickness, and containing not less than ten superficial feet. 3rd. Merchantable boards of second quality, of the same dimensions, and free from rot, shakes, and worm-holes : and 4th. Refuse, to include all other descriptions of boards. — (S. 478, c. 81, 1864. 713. — All dimension deals shall be twelve, fourteen, sixteen, eighteen, twenty, and twenty-one feet long ; nine, eleven, and twelve inches wide, and three inches thick, respectively, having an allo«ranc3 of from one to two inches in the length, from a quarter to half an inch in the breadth, and from one-eighth to a quarter of an inch in the thicknosa; the)' shall be smooth and fair, of equal width and thickness throughout, butted at both ends with a saw, free from rots, sap, stains, large knots, rents, shakes, worm and auger-holes, and shall have the stub-shot sawn ofi". — (S. 479, c. 81, 1864. 714. All plank intended for exportation, except hard- wood plank, shall be from ten to twenty feet in length, nine inches in breadth, and three inches and one-eighth in thick- ness, and of the same quality as dimension deals. — (S. 480, c. 81, 1864. 715. All ton timber for exportation shall be straight lined and squared, and with not more than one inch of wane on the edges, without oH'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 sime. — (S. 481, c. 81, 1864. 716. Merchantable spruce or pine timber shall be 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 be of equal size, and all ton timber shall Iw measured by the girth, one- quarter part thereof to be taken as the side of the square. — (8. 4f<2, c. 81, 1864. 717. In the survey of shingltj there shall be three qualities, viz, : Ty:-' \ i 157 No. 1. Pine or cedar shingles, not less than eighteen inches long, four inches wide, and three-eigliths of an inch thick at tlie butt, and clear of sap, slash, shakes, twists and worm-holes. No. 2. Pine, cedar, spruce, or hemlock shingles, not less 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. 3. Refuse, to include all other descriptions of shingles. No. 1 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 — (S. 483, c. 81, 1864. 718. All shipping shingles for exportation shall b*"' half an inch thick at the butt, and extend the same thickness three-fourths of the length, and be sKaved from thence to the point, and from four to four and a half inches wide. — (S. 484, c. 81, 1864. 719. Clapboards shall be four feet four inches long, five inches wide, and half an inch thick at the back. — (S. 485, c. 81, 1864. 720. L,athwood shall be of fresh gro^vth, straight lif^ frte trom bark, heart, and knots, and n.easured by the cord. — (S. 485, c. 81, 1864. 721. Hogshead staves shall be forty-two inches long, from three and a half to five and a half inches wide, and three-quarters ot an inch thick on the thinnest edge, and not more than one inch on the back. — (S. 487, c. 81, 1864. 722. Barrel staves shall be thirty-two inches long, and half an inch thick on the thinnest edge, and not exct^eding three-quarters of an inch on the back ; to be of good rift, fairly split, frt'e from twists, knot holes, rotten knots, worm- holes, and shakes, and shall be calculated by the tale of twelve hundre